1992-02-25CITY OF MOUND MISSION STATEMENTs The City of Mound, through
teamwork and cooperation, provides at a reasonable cost, quality
services that respond to the needs of all citizens, fostering a
safe, attractive and flourishing community.
AGENDA
CITY OF MOUND
MOUND, MINNESOTA
MOUND CITY COUNCIL
REGULAR MEETING
7:30 P.M. TUESDAYv FEBRUARY 25, 1992
CITY COUNCIL CHAMBERS
1. PLEDGE OF ALLEGIANCE.
APPROVE MINUTES OF FEBRUARY 11, 1992, REGULAR
MEETING AND THE COMMITTEE OF THE WHOLE MEETING
OF FEBRUARY 18, 1992. PG. 444-450
PROCLAMATION - 1992 GIRL SCOUT WEEK, 3/8/92-
3/14/92. PG. 451-452
CASE ~92-002:
DEAN & ELLEN LA FOREST, 4920
WILSHIRE BLVD., METES & BOUNDS
DESCRIPTION, BLOCK 39, WYCHWOOD,
PID #24-117-24 14 0050.
REQUEST: VARIANCE TO REBUILD HOUSE ON EXISTING
NONCONFORMING FOUNDATION. PG. 453-466
1991 DEPARTMENT HEAD ANNUAL REPORTS
- JON SUTHERLAND, BUILDING OFFICIAL
- DON BRYCE, FIRE CHIEF
- FRAN CLARK, CITY CLERK
PG. 467-483
PG. 484-494
PG. 495-504
RECOMMENDATION FROM PARKS & OPEN SPACE
COMMISSION RE: VACANCY ON COMMISSION.
PG. 505-516
RECOMMENDATION FROM PARKS & OPEN SPACE
COMMISSION RE: SUMMER PARKS PROGRAM AND
SUMMER BEACH PROGRAM.
PG. 517-537
8. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
SET PUBLIC HEARING FOR YEAR XVIII COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM.
(SUGGESTED DATE: MARCH 24, 1992, 7:30 P.M.)
10. ENCROACHMENT ON CITY PROPERTY.
PG. 538-544
Page 442
11.
12.
PAYMENT OF BILLS.
PG. 545-552
INFORMATION/MISCELI.%B'EOUS
ae
Planning Commission Minutes of February 10,
1992. Pg. 553-559
Be
Park & Open Space Commission Minutes of
February 13, 1992. Pg. 560-564
C. LMCD Mailings.
Pg. 565
De
Ee
Letter from Governor Arnie Carlson Re:
Suggestions on Solving the State's
Budget Crisis.
Pg. 566-572
League of Minnesota Cities Legislative
Conference is scheduled for Tuesday,
March 24, 1992, in St. Paul. Please let
Fran know if you are interested in
attending. Pg. 573
Fe
Meeting with Realtors and other interested
parties concerning Commons Docks is scheduled
for Thursday, February 27, 1992, 10:00 A.M.-Noon
at City Hall.
Ge
REMINDER: COW Meeting, March 17, 1992, will
consist of a meeting with the EDC on Mound
Visions Project. Begins at 7:00 P.M. at
City Hall.
He
REMINDER: City Council Meeting of March 10,
1992 has been rescheduled to March 11, 1992,
at 7:30 P.M.
Page 443
17
February 11, 1992
MINUTES - MOUND CITY COUNCIL - FEBRUARY 11, 1992
The city Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, February 11, 1992, in the Council
Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
city Attorney Curt Pearson, Building Official Jon Sutherland,
Street Superintendent Geno Hoff, Water & Sewer Superintendent Greg
Skinner, Park Director Jim Fackler and the following interested
citizens: Dennis Zylla, Jeff Spartz, Fred Gustin, Maryann Campo,
Dee Carrow, Darlene & Richard Sollie.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jessen, seconded by Jensen to approve the
Minutes of the January 28, 1992, as submitted. The vote was
unanimously in favor. Motion carried.
1.1 1991 DEPARTMENT HEAD ANNUAL REPORTS
The following Department Heads presented their annual reports to
the City Council: Street Superintendent Geno Hoff; Water & Sewer
Superintendent Greg Skinner; and Park Director Jim Fackler.
1.2 CASE ~91-057: DENNIS ZYLL~, (REPRESENTING JAMES & JOSEPHINE
SHARP) 4925 GLEN ELYN ROADt LOT 22t BLOCK 24t
SHADYWOOD POINTt PID ~13-117-24 11 0097,
VARIANCE TO CREATE A BUILDABLE LOT
The City Manager reviewed the December 10, 1992, City Council
Minutes.
Mr. Dennis Zylla stated he has no intention of asking for variances
for this lot. The lot is a platted lot of record; has been
assessed for improvements; and is stubbed for sewer. He then showed
the survey of the property with a 28' x 36' spot drawn on the
survey representing a dwelling. He stated it would have a 30'
front yard setback, sideyard setback of 6' to the garage and 10'
house, rearyard setback would be 15', and it would be 20% lot
coverage.
Mr. Zylla stated that he does not agree that a specific building
plan is essential to this application. He asked that the Council
advise him that if he does come in and submit a building plan that
18
February 11, 1992
meets setbacks that they will be granted a building permit under a
normal building permit review process.
Darlene Sollie, 4936 Glen Elyn Road, read a letter submitted by
Bill Carrow, 4929 Glen Elyn Road. Mr. Carrow was out of town and
could not attend this meeting.
The City Attorney advised that the Council should have something
specifically in front of them before responding. No building plan
was submitted. He further stated that the parcel in questions was
purchased in 1960 as a tax forfeit parcel and when anyone buys,
they have the responsibility to check the zoning and planning laws
of the community in which they are buying so that they can meet the
standards. He further stated that the Assessor at that time, Helen
Newell, wrote to the Sharps in California and called to their
attention that they had purchased a lot which required 10,000
square feet for a building site and the lot only had approximately
5,000 square feet. She also said in that letter, "Single lots
where adjacent lots were under other ownership were also charged
one unit with the understanding that in these cases an application
for a building permit would be considered by the Board of Zoning
Appeals provided all other requirements were met." So the Sharps
have been on notice for 26 years that if they wanted to bring in a
request for a building permit, the Planning Commission and City
Council would consider it. He stated what the Sharps are being
told is not any different than what they were told in 1965.
The Mayor stated that this was denied previously in 1987.
MOTION made by Johnson, seconded by Jessen directing Staff to
prepare a resolution of denial because the aPPlication before
the Councll tonight is insufficient in detail or data for the
Council to make a consideration as to whether a variance for
a house on that particular parcel should or should not be
granted. The vote was unanimously in favor. Motion carried.
1.3 PRESENTATION BY MUNICIPAL SERVICE CORPORATIO~
Fred Gustin, Senior Project Engineer with USPCI, explained to the
Council that Hennepin County proposes to pave a 500 - 600 foot
section of Pioneer Trail west of County Highway 19 and east of the
Corcoran city limits using a synthetic aggregate produced by
Municipal Services Corporation, a subsidiary of USPCI and the Union
Pacific Corporation. The aggregate, called "TAP" is made using the
combined ash from Hennepin County's HERC Waste-to-Energy Facility
as the principal ingredient. They are looking for support from
various cities when this proposal comes before the Hennepin County
Board on March 13. The Council asked that this item be discussed
further at the next Committee of the Whole Meeting.
1.4
APPOINTMENT OF ASSISTANT WEED INSPECTOR
19
February 11, 1992
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #92-18 RESOLUTION APPOINTING JIM FACKLER
ASSISTANT WEED INSPECTOR FOR 1992
The vote was unanimously in favor. Motion carried.
1.5 SET DATE FOR ANNUAL BOARD OF REVIEW.
MOTION made by Johnson, seconded by Ahrens to set Tuesday, May
12, 1992, at 7:00 P.M. for the Local Board of Review. The
vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.6 DISCUSSION: PRESIDENTIAL PRIMARY - SHOULD THE CITY OF
MOUND USE ONLY ONE POLLING PLACE FOR THE
PRESIDENTIAL PRIMARY?
The City Clerk explained that the City of Mound could save $500-
$600 in election judge salaries, plus staff time to set up the 6
polling locations if it uses one polling place for all six
precincts. The suggestion is to use City Hall as the only polling
place during the April 7 Presidential Primary.
Ahrens moved and Jensen seconded the following resolution:
'RESOLUTION #92-19 RESOLUTION DESIGNATING CITY HALL AS THE
ONLY POLLING PLACE FOR ALL SIX PRECINCTS
FOR THE APRIL 7, 1992, PRESIDENTIAL
PRIMARY
The vote was unanimously in favor.
1.7 APPROVAL TO ADVERTISE FOR
IMPROVEMENT PROJECT
Motion carried.
BIDS FOR 1992
LIFT STATIO~
1.8
Motion made by Jensen, seconded by Smith authorize advertising
for bids for the 1992 Lift Station Improvement Project,
setting March 6, 1992, at 11:00 A.M. for the bid opening. The
vote was unanimously in favor. Motion carried.
LICENSE RENEWAL2
The following licenses are up for renewal:
20
February 11, 1992
Garbaqe Disposal - expires 2/29/92
Blackowiak & Son
Nitti Disposal, Inc.
Randy's Sanitation
Westonka Sanitation
Woodlake Sanitary Service, Inc.
Cigarette - expires 2/29/92
A1 & Alma's
American Legion #398
Ben Franklin
Brickley's Market
Jubilee Foods
Meyer's Service
Mound Municipal Liquor
PDQ Food Store #0292
R & R Bait Shop
SuperAmerica #4194
Thrifty White Drug #704
VFW Post #5113
Public Dance Permit
Westonka Senior Class Parents (Fund raising dance for the
Senior Class Party at the VFW to be held March 14, 1992,
from 8:00 P.M. to 12:00 P.M. THEY HAVE ASKED THAT THE
FEE OF $25.00 be WAIVED.
MOTION made by Ahrens, seconded by Smith to authorize issuance
of the above listed licenses and the Public Dance Permit for
the Westonka senior Class Parents, contingent upon all
required forms, insurance, etc. being submitted. The Council
waives the fee for the Public Dance Permit. The vote was
unanimously in favor. Motion carried.
1.9 GAMBLING PERMIT APPLICATION - AMERICB/~ LEGION
Johnson moved and Jensen seconded the following resolution:
RESOLUTION %92-20
RESOLUTION APPROVING A GAMBLING PERMIT
APPLICATION FROM THE AMERICANLEGION POST
#39s
The vote was unanimously in favor. Motion carried.
1.10 PAYMENT OF BILLS
MOTION made by Johnson, seconded by Smith to authorize the
payment of bills as presented on the pre-list in the amount of
$272,967.84, when funds are available. A roll call vote was
unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Department Head Monthly Reports for January 1992.
B. LMCD Representative's January 1992, Monthly Report.
em
D.
E.
F.
He
21
February 11, 1992
LMCD Mailings.
Clarification re: Lakewinds Dock Application with LMCD.
Planning Commission Minutes of January 27, 1992.
We applied to WCCO Radio to nominate Cathy Bailey for the WCCO
Radio "Good Neighbor" Award. We were selected and City's
selection will be broadcast on WCCO, Thursday, February 13,
1992 at 7:55 A.M. A special presentation will be made to
Cathy at the Parks & Open Space Commission Meeting that
evening. We will be presenting a plaque and a tape of the
WCCO broadcast. Cathy has been notified about this award and
the presentation.
We have received another application for the Parks & Open
Space Commission (POSC) vacancy. Enclosed is the letter of
application and resume. An interview will be held at 7:00
P.M., February 13, 1992, before the POSC Meeting begins.
Please attend if you can. Then you can also be present for
the special presentation to Cathy Bailey.
Attached is a memo from the LMCD re: LMCD Lake Access Task
Force. The first meeting, which is introductory, is scheduled
for Wednesday, March 11, 1992, at the City of Minnetonka.
Please note that this meeting conflicts with the rescheduled
Council Meeting. I asked Mark Koegler to attend on our
behalf. He has indicated he will attend. This will probably
be the first of many meetings of this task force. I will keep
you posted as to the schedule and will provide pertinent
materials to you.
MOTION made by Smith, seconded by &hrens to adjourn at 9:20
P.M. The vote was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
Attest: City Clerk
MINUTES- COMMITTEE OF THE WHOLE-FEBRUARY 18, 1992
The meeting was called to order at 7 PM. Members present: Mayor Johnson,
Councilmembers Smith, Ahrens, Jensen and Jessen. Also present: Tom Reese,
LMCD Representative; Jon Sutherland, Building Official and Ed Shukle, City Manager.
Tom Reese updated the Council on activities taking place within the LMCD. Among
the items discussed was financial assistance for fighting Eurasian Water Milfoil and
Zebra Mussel. Long term management plan, lake access and questions raised by the
Council and staff with regard to parking along Bartlett Boulevard, LMCD permit
process and shore lights was discussed. Reese announced he will not be seeking a
reappointment to his term which expires in just over two years.
The next item discussed was commons markings. Ed Shukle, City Manager,
presented information supplied by Jim Fackler, Parks Director, with regard to marking
access points with public land with monuments on commons and other public lands.
After considerable discussion, it was the direction of the Council to have staff
prioritize the 50+ monuments that would have to be installed and bring back to a
future COW meeting. Along with that, have some suggestions on how it could be
paid for. There was division amongst the Council on whether it should be paid for out
of commons funds or other city funds.
Jon Sutherland was present to present some information regarding the Maintenance
Permit process and Construction on Public Lands Permit application process as it
relates to commons. He distributed some information developed by Jim Fackler, Parks
Director, Peggy James and Jon Sutherland. He outlined a very specific process on
how encroachments were going to be dealt with. He indicated that staff was going
to take an inventory of encroachments on public lands this spring and would be calling
attention to the property owners any problems that they saw. A check list for Public
Lands Permit would be completed on any encroachments or persons applying for
building on public lands. A public lands status sheet would be completed indicating
authorized encroachments, unauthorized encroachments and the actual permit for
public lands, whether it be construction on public lands or public land maintenance
permit or a permit for land alteration. Council consensus was to follow this
procedure.
The proposed rental housing ordinance was discussed. The Council agreed to
establish April 28, 1992 as the public hearing date for the ordinance. City staff will
continue to refine the implementation process and will be discussing this issue with
city council prior to the public hearing. The city attorney is also in the process of
preparing an executive summary of the proposed rental housing ordinance. Discussion
was also held with regard to the truth in the sale of housing ordinance being
discussed at the Planning Commission level. The direction from the Council was to
have the Planning Commission recommend a standard following the City of
Minneapolis ordinance indicating that they are not interested in code compliance
issues with regard to this type of an ordinance.
MINUTES - COMMITTEE OF THE WHOLE - FEBRUARY 18, 1992 - PAGE 2
Goal setting/Team building was briefly discussed. It was the consensus to wait until
after next year's election to conduct any future goal setting or team building
meetings.
Artwork for the city council chambers' north wall was discussed. This item was
continued until the next COW meeting.
Recycling and spring clean up programs were discussed. City Manager Ed Shukle
updated the Council on Joyce Nelson's proposal to have a special recycling day the
weekend of April 24th and 25th, which would follow Earth Day which is scheduled
for April 22, 1992. The proposal has Goodwill accepting various items including
clothing, household items, small working appliances, small electronics, games, toys,
bicycles, hardware, purses, tools, shoes, hats, etc. Tires, appliances and scrap metal
will also be accepted. Goodwill charges $189.50 unstaffed per 40 foot trailer and
$234.50 staffed per 40 foot trailer. Council consensus was to have a staffed
operation with perhaps two 40 foot trailers. In conjunction with this, discussion was
also held on the possibility of having service organizations to pick up items to be
delivered. Staff is to work this out with the local organizations as well as logistics of
handling items in conjunction with Goodwill. Concern was expressed with regard to
the drop off site at Lost Lake, should it rain. A contingency plan for the location
should be looked into. Also discussed was a spring leaf pick up. Council asked that
bids be taken for this purpose, both for pick up and a drop off, to see how much it
would cost. They also suggested we look into a brush drop off and what that would
cost.
The proposal from Municipal Services Corporation dealing with pelletized ash from the
Hennepin County Incinerator Plant was discussed. The Council had heard a
presentation made to them at the February 11, 1992, regular council meeting dealing
with a proposal to test the pelletized ash with black top on a two mile stretch of road
in the city of Corcoran. Council suggested that a letter be sent to the city of Corcoran
with a copy to Tad Jude, Hennepin County Commissioner, indicating our support and
also send a separate letter to Mr. Jude asking him to support this test.
Council also discussed city council salaries for 1993 and beyond and asked the city
manager to put materials together for discussion at a future COW meeting.
Upon motion by Smith, seconded by Jessen and carried unanimously, the meeting
was adjourned at 9:50 PM.
Respectfully submitted,
Ed Shukle
City Manager
February 15, 1992
GIRL $COGTS
Greater Minneapolis
Girl Scout Council
5601 Brooklyn Blvd.
Minneapolis. MN 55429-3074
(612) 535-4602
FAX: (612i 535-7524
The Honorable Skip Johnson
~-~yor of Mound
5341 Maywood Road
Mound, MN 55364
Dear Mayor Johnson
On March 12, 1992 Girl Scouts of the USA celebrates 80 years of
preparing girls to meet the challenges in our every changing
society. In Greater Minneapolis Girl Scout Council we serve over
19,000 girls, ages 5 17 in an eight county area. We are proud of
our accomplishments and ask your support in recognizing the Girl
Scouts in your community.
We would like a proclamation declaring the week of March 8 14,
1992 Girl Scout Week in your community. Suggested wording for the
proclamation is enclosed. As in the past, please produce the
proclamation on your city letterhead or form, post it in your City
Hall and then forward the proclamation to our office at the end of
'the month.
If you have any questions, please feel free to call me at 535-4602.
We appreciate your help in honoring the Girl Scouts.
Sincerely,
Christ '1 n/~a ~
Event/Project Manager
Ez_* ODp.,rtLJn ty Affirmative Act,on Employer
Sample
PROCLAMATION
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
On March 12, 1992 Girl Scouts of the USA celebrates 80 years of
helping girls grow into confident and resourceful adults; and
Girl Scouts of the USA, 3 million members strong, is the largest
nonprofit organization for girls in the world; and
The Greater Minneapolis Girl Scout Council coordinates activities
for more than 23,000 girls in an eight-county area; and
Girl Scouting reaches out to girls of diverse culture heritage,
including Asian, Hispanic, African-American and Native
American; and
Girl Scouting provides an environment where girls can enjoy
nature, learn to work together and gain leadership skills; and
Girl Scouting helps girls gain the self-esteem to make the right
choices in their personal lives and in their careers; and
Girl Scouting helps girls to become outstanding citizens of our
community;
NOW, THEREFORE, I , THE MAYOR
OF , DO HEREBY PROCLAIM THE WEEK
OF MARCH 8-14, 1992 TO BE
GIRL SCOUT WEEK
IN
Mayor
PROPOSED RBSOLUTION #9~-
RESOLUTION TO APPROVE A FRONT YARD SETBACK V~RI~d~CE TO
RECONSTRUCT A HOUSE ON ~ EXISTING NONCONFOI~ING FOUNDATION
AT 4920 WILSHIRE BLVD.,
WYCHWOOD & SETON, M&B, BLOCK 39,
PID #24-L~7-24 ~4 0050
P&Z CASE NUNBER 92-002
WHERE~S, The applicant has applied for an 11.2 foot front
yard setback variance to reconstruct a home on an existing
foundation, and;
WHEREAS, The proposed constructed is the result of a fire,
and;
WHEREA~, According to Section 23.408 (6) of the Mound Zoning
Code, and taking into consideration the neighboring structures 20
foot front yard setback, the subject property is required to have
a 25 foot front yard setback, and;
WHBREA~, The existing foundation is setback 28 feet from the
bituminous surface, and;
WHERF~, It appears that the existing house was consistent
with the surrounding neighborhood prior to the fire and that
reconstruction of the foundation represents a practical difficulty,
and;
WHEREAS, The subject property is located within the R-1 Single
Family Residential Zoning District which according to City Code
requires a lot area of 10,000 square feet, a 30 foot front yard
setback, 10 foot side yard setbacks, and a 15 foot rear yard
setback, and;
WHEREAS, Ail other setbacks and lot area are conforming, and;
WHEREAS, The Planning Commission has reviewed the request and
unanimously recommended approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Mound, Minnesota, as follows:
The City does hereby approve an 11.2 foot front yard setback
variance to allow reconstruction of a house on an existing
foundation at 4920 Wilshire Blvd., upon the condition that the
applicant shall supply the Mound Building Official with
appropriate documentation identifying that the existing
foundation is structurally sound and capable of supporting a
new residence.
Proposed Resolution Case No. 92-002
The City Council authorizes the alterations set forth below,
pursuant to Section 23.404, Subdivision (8) of the Zoning Code
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 23.404.
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:
Reconstruction of a house on an existing founda-
tion.
This variance is granted for the following legally described
property:
Parcel 1. That part of Block 39 of Wychwood, according
to the plat thereof on file and of record in the office
of the Registrar of Titles in and for said County of
Hennepin and State of Minnesota, described as follows:
Commencing at the Southeasterly corner of said Block 39;
thence Northeasterly along the Southeasterly line of said
Block, and distance of 59 feet to the Northeasterly or
most Easterly corner of said Block 39; thence
Northwesterly along the Northeasterly line of said block
a distance of 126 feet; thence Southerly 90.5 feet more
or less, to a point in the Southwesterly line of said
block 39 distant 100 feet Northwesterly from the point of
beginning; thence Southeasterly along the Southwesterly
line of said block a distance of 100 feet to the point of
beginning.
Parcel 2. That part of Lot 8 in Block 18 of Seton,
according to the plat thereof on file and of record in
the office of the Registrar of Titles in and for said
Hennepin County, described as follows: Commencing at the
most Westerly point of Block 39 of Wychwood, according to
the plat thereof on file and of record in the office of
the Registrar of Titles in and for said Hennepin County,
Minnesota; thence Northeasterly along the Northwesterly
line of said Block 39 26.5 feet; thence North along a
line drawn at right angles to the Northerly line of said
Lot 8 to the North line of said Lot 8; thence East along
the North line of said Lot 8 126 feet, the actual point
of beginning of the land to be described, thence
continuing East along the said north line to the
Northeast corner of said Lot 8; thence Southerly along
the Easterly line of said Lot 8 to the Southeasterly
Proposed Resolution Case No. 92-002
Se
e
corner of said Lot 8; thence Southwesterly along the
Southeasterly line and Northwesterly along the
Southwesterly line of said Lot 8 to the Southeasterly
corner of said Block 39 of Wychwood; thence Northeasterly
along the Southeasterly line of Block 39 to the most
Easterly corner of Block 39 of Wychwood; thence
Northwesterly along the Northeasterly line of said Block
39 129 feet, more or less, to the most Northerly corner
of said Block 39, thence North to the actual point of
beginning, lying Westerly of a line described as follows:
Commencing at the Southeasterly corner of said Lot 8;
thence Southwesterly along the Southeasterly line and
North westerly along the Southwesterly line of said Lot
8 to the Southeasterly corner of said Block 39 of
Wychwood said corner being the point of beginning of the
line being described; thence deflecting right 86 degrees
48 feet to the North line of said Lot 8, and there
ending.
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.
3
MZNUTBH OF A MBBTZNG OF THB
HOUND ADVZBORY PLANNXNG COMMXBBXOM
FEBRUARY 10, 1992
_CASB NO. 92-002! ~F_O_RE8 . VARIANCE TO EBUTLD
OUBB O EX 8 ! G HON-CONFORHTNG OUNDAT ON AT 4020 WILSHIRE BLVD.
CHWOO BE O &B BLOC 39 D 2- 17-2 14 0050
City Planner Mark Koegler,
.... , .... r~viewed the applicant,s request for a
zronc y~ra setback varl~nce to reconstruct a 9ome on an existing
foundatl~n. The existing home was substantially damaged by a
recent fire. An 11.2 foot variance from the 30 foot setback
requirements is being requested.
The Planner observed that the existing home prior Go the fire had
a front yard setback that was consistent with the neighboring
properties and that reconstruction of the foundation represents a
practical difficulty.
Staff recommended that the Planning Commission recommend approval
of the 11.2 foot front setback variance upon the condition that the
applicant shall supply the Mound Building Official with appropriate
documentation identifying that the existing foundation is
structurally sound and capable of supporting a new residence.
The Planning Commission confirmed that the existing foundation is
actually setback 28 feet from the edge of the bituminous surface.
HOTION made by weiiand, seconded by Hueller to recommend
approval of the 11.2 foot front yard setback variance to
allow reconstruction of a dwelling, upon the condition
that the applicant shall supply the Hound Building
Official with appropriate documentation idontifyinq that
the existing foundation is structurally sound and capable
of supporting a new residence. MOTION CARRIED
UNANIHOUSLY.
This case will be heard by the City Council on February 25, 1992.
Hoisington Group Inc.
LAND USE CONSULTANTS
pLANNING REPORT
TO: Mound Planning Commission and Staff
FROM: Mark Koegler, City Planner ~
DATE: February 4, 1992
SUBJECT: Variance Request
APPLICANT: Dean and Ellen LaForest
CASE NUMBER: 92-002
HGI FILE NUMBER: 92-1j
LOCATION: 4920 Wilshire Boulevard
EXISTING ZONING: Single-family Residential (R-I)
COMPREHENSIVE PLAN: Residential
BACKGROUND: The applicant is requesting a front yard setback variance
to reconstruct a home on an existing foundation. The existing home was
substantially damaged by a recent fire. The existing home is located 18.8
feet from the right-of-way line resulting in the requested 11.2 foot
variance from the 30 foot setback requirement.
COMMENT: Section 23.408 (6) of the Mound Zoning Code states, "Where
adjoining structures existing on the effective date of this Ordinance have a
shorter setback from that required, the front setback of a new structure
shall conform to the average of the setback observed by the adjoining
houses on either side, but not clOser that twenty (20) feet." In this case,
an existing residence on the west side of the subject property has a
setback of approximately 20 feet and there is no neighboring structure to
the east. Therefore, the average of the existing neighboring property (20')
and the undeveloped lot to the east (30' required) would result in a
required setback of 25 feet. Correspondingly, it could be argued that the
variance in this case actually involves 6.2 feet rather than 11.2 feet.
7401 Metro BI~I. · Suite 340 · Minneapolis, MN 55439 · (612) 835-9960
LaForest Planning Report
l~ebruary 4, 1992
Page 2
The purpose of Section 23.408 (6) is to allow infill development consistent
with the surrounding neighborhood. In this case, the location of the
subject property is isolated due to the road network, Lake Minnetonka and
its associated wetland areas.
Because of this, the "neighborhood" in this case is a small geographic area.
Furthermore, the property across the street from the subject site is zoned
R-2 which requires a 20 foot front yard setback. Given these factors, the
existing home prior to the fire had a front yard setback that was consistent
with the neighboring properties.
The existing home is located 1.2 feet closer to the right-of-way than the
minimum front yard setback allowed in any of Mound's zoning districts.
Variances are appropriate only in cases of demonstrated hardship or in
cases where practical difficulty exists. If the premise is accepted that the
existing home was consistent with the surrounding neighborhood, removal
of the foundation and reconstruction 1.2 feet away seems to be a
reasonable application of the practical difficulty clause.
RECOMMENDATION: This case presents a reasonable argument that the
existing house was consistent with the surrounding neighborhood prior to
the fire and that reconstruction of the foundation represents a practical
difficulty. Therefore, staff recommends that the Planning Commission
recommend approval of the 11.2 foot front setback variance conditioned
upon the following:
· The applicant shall supply the Mound Building Official with
appropriate documentation identifying that the existing foundation is
structurally sound and capable of supporting a new residence.
CITY OF HOUND
5341Haywood Road
Hound, HN 55364
472-1155
Fee $50.00
Case No.~__~
VARIANCE APPLICATION
PLANNING & ZONING COMMISSION
(Please type or print the following Information.)
Address of SubJect Property
Owner' s Name~)~q/ ~/-~
Owner ' s Address ~ ~ ~)/~-g~/~ ~~
Appl icant' s Name ( i f o~her ~han owner)
Address
Day Phone
Day Phone
Block
u
Existing Use of Property~
Zoning District
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, and provide resolution
number(s) (copies of previous resolutions must accompany this application).
VARIANCE REQUESTED FOR:
direction
Front Yard: ( N~E W )
Rear Yard: ( N S E W )
Lake Front: ( N S E W )
Side Yard: ( N S E W )
Side Yard: ( N S E W )
Lot Size:
Principal Building
( ) Accessory Building
setback setback VARIANCE
requested required REQUESTED
1~,~ ,. ft. ~0 ft. //, ~ ft.
ft. ft. ft.
ft. ft. ft.
ft. ft. Ft.
ft. ft. ft.
sq ft sq ft sq ft
iANCE APPLICATION
ge 2
Reason For request
e
Does the present use oF the property conform to ali regulations For
the zoning distrlc-~---~n which tt is located? Yes (~<~, No ( ). IF no,
specify each non-conforming use:
Do the existing structures comply with all area, height, bulk, and
setback regulations for the zoning district in which tt Is located?
Yes ( ), No (~/q). IF no, specify each non-conforming use: F~q/7~
0
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 shallow shape ) other~ specify
Se
Was the hardship described above created by the action of anyone
having property Interests in the land after the zoning ordinance was
adopted? Yes (), No (><). If yes, explatn
Was the hardship created by any other man-made
relocation of a road? Yes( ), No (~). If yes,
change, such
explain
as the
Are the conditions of hardshtp For whichyou request a variance
cultar only to the property described tn this ion? Yes (),
if no, list some other properties which are similarly
affected?
[ certify that all of the above statements and the statements contafned tn
any requlred papers or plans to be su~ltted herewith are true and ac-
curate. I consent to the entry in or upon the premises described in this
appllcatlon by any authorized officlal of the City of Mound for the pur~se
of Inspecting, or of posting, ~inta~ntng and re~vlng such nottces as ~y
required by law.
Ilcant's SIg~ _ Date 1--___--~/¢
-iption on d Survey furnished to us by owner.
P
RECEIVED
JAN 1 6 1992
M0Ul~ Pi.N~IN~ & INSP.
JAil
ELEVATION
,I
I
I
I
I
I
I
I
III!1I
IIIII
I
lilll
CITY of MOUND
MOUND. MINNESOTA 55364-1687
1612} 472-1155
FAX (612~ 472-0620
February 21, 1992
Honorable Mayor, City Council and City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
SUBJECT:
1991 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 its
course of action in the coming years.
We welcome any comments,
Respe~ ~
Building Official
suggestions or questions you may have.
JS:pj
7
printed on recycled paper
PLANNING AND INSPECTIONS DEPARTMENT
1991 ANNUAL REPORT
CONTENTS
Page
ESTABLISHMENT AND PURPOSE OF DEPARTMENT ............. 1
PERSONNEL .......................... 2 - 3
COORDINATION WITH OTHER DEPARTMENTS ............. 3 - 6
REVENUE/EXPENDITURES ...................... 6
CONSTRUCTION ACTIVITY .................... 6 - 7
PLANNING & ZONING ...................... 7 - 9
COMPLAINTS ........................ 9 - 10
EDUCATION AND TRAINING .................. 10 - 11
SUMMARY ............................ 11
ANNUAL BUILDING PERMIT COUNT .............. Exhibit A
TOTAL YEARLY VALUES OF NEW CONSTRUCTION ......... Exhibit B
NEW HOUSING UNITS (1974 - 1991) ............. Exhibit C
VACANT PARCELS IN THE CITY ............... Exhibit D
Planning & Inspections Department
1991 Annual Report
ESTABLISHMENT AND PURPOSE OF PLANNING AND INSPECTIONS DEPARTMENT
This department is established as an official part of city
government. Its purpose is to assist the general public and enforce
the provisions of the Mound City Code, Zoning Ordinance, State
Building Code, and related state statutes and regulations.
Planning - To Prepare for the Future.
For the development and implementation of the comprehensive plan
to guide the physical development of the municipality to maintain and
enhance the City as a good place to live, work, play and grow.
To assist in the evolution of regulations at the local, state,
and federal level to insure they are just and fulfill the intent of
protection of life safety, health and welfare.
Building Inspections - To Regulate and Maintain in a Safe Condition.
To provide minimum standards to safeguard life and limb, health,
property and public welfare by regulating and controlling the design,
construction, quality of materials used and occupancy, location, and
maintenance of all structures within this jurisdiction.
Authority
Is established by the City Code. Its duty is to serve the public
by careful application and enforcement of the regulations adopted by
the City. With the guidance of the planning commission and city
council and under the direction of the City Manager.
Planning & Inspections Department
1991 Annu&l Report
pERSONNEL - PLANNING AND INSPECTIONS DEPARTN~NT
The Planning and Inspections Department has two full time
employees, a Building Official and a Secretary, with June Hyland of
the Police Department working part time on City Code Enforcement.
Buildinq Official, Jon Sutherland
EDUCATION:
O
O
O
University of Minnesota, Minneapolis/St. Paul 1974 - 1976
Union Carpentry Apprenticeship Program 1978 - 1984.
North Hennepin Community College, Building Inspections
Technology, 1985 to Present.
PRIOR EXPERIENCE:
7/90 - Present
6/88 - 7/90
7/87 - 6/88
4/87 - 7-87
4/86 - 4/87
1978 - 1986
City of Mound, Building Official
Isanti County, Building Official
City of Prior Lake/Savage/Scott County, Building
Inspector
City of White Bear Lake, Internship - Building
Inspector
Derrick Land Co., Site Manager
Varied construction experience, including union
carpentry apprenticeship, two years electrical,
and site management.
ACHIEVEMENTS, DISTINCTIONS, HONORS, MEMBERSHIPS:
O
O
O
O
O
O
Member International Conference of Building Officials (ICBO)
Member/Board of Director Lake Country Chapter ICBO, serving on
several committees of the chapter
Certified Class II Building Official, State of Minnesota
Certified on Site Sewage Treatment Systems MPCA
Member North Star Chapter ICBO
Member International Conference Plumbing & Mechanical Officials,
both International and Local Chapters
DEPARTMENT RESPONSIBILITIES:
Complete administration of inspections department assisting
general public and contractors in application and interpretation
of building codes and ordinances
Conduct all plan review permit issuance and related inspections.
2
Planning & Inspections Department
1991 Annual Report
Responsible for enforcement of codes, laws, and ordinances that
establish basic and uniform performance standards that safeguard
life safety, welfare, comfort, and security of the residents of
this municipality.
Prepares and executes department budget.
Secretary, Peggy James
Peggy has a myriad of duties from accepting and reviewing
applications for all types of permits, zoning requests, assisting in
preparing packets for Planning Commission and Park Commission
meetings, including writing proposed resolutions for the City Council
from the recommendation of the Planning Commission. Peggy acts as a
bridge to all other related departments, (i.e. Planning, Engineering,
Streets, Sewer and Water, Parks) disseminating the required
information to each. This requires working knowledge of each
department and how its regulations affect the customer or applicant.
Some of Peggy's accomplishments during the year of 1991 are as
follows:
Updated zoning application forms to be more user
friendly.
- Started reorganization of policy and procedure
manual.
- Assisted in review of zoning code modifications.
- Administratively organized the Adopt a Green
Space program.
- Converted to new computer.
Peggy has been a terrific asset to the department over this last
year, working in conjunction with Building and Parks Department on
commons related issues. She has developed a zoning information sheet
that is used for permit applications, variance and conditional use
permit requests. The improvements made in our department have
3
Planning & Inspections Department
1991 Annual Report
resulted in the creation of other helpful forms such as the status
sheet for abutting commons property. Peggy has continued to do an
excellent job on taking minutes at both Park and Planning Commission
meetings.
COORDINATION WITH OTHER DEPARTMENTS:
public Utilities
This department works closely with Greg Skinner and City Engineer
John Cameron on all new construction and related work. Greg and his
staff inspect all water and sewer hookups from the foundation out.
We now send a majority of the building permit applications to Greg for
his approval, this insures less problems down the line relating to
encroachments on city property and utility easements.
Street Department
Many construction projects create opportunity for us to work with
Geno Hoff, Street Superintendent, regarding driveways, curb cuts, and
erosion control.
With all the rain we have had this last year, Geno has really
kept me hopping to keep the mud out of the city streets. He even has
me watching the weather report anticipating erosion problems.
Parks Department
The Park Director, Jim Fackler, and I have worked a great deal
together this year on commons related issues, and I expect this to
continue, especially with construction on public lands permits.
Secretary, Peggy James worked approximately 350 hours this last year
Planning & Inspections Department
1991 Annual Report
for the Parks Department, not including Park Commission meeting time,
processing public lands permits, preparing agendas, packets, and
writing minutes for the Park Commission, typing correspondence and
month end reports, updating dock forms, and other miscellaneous duties
as instructed by the Park Director.
Additional Staff
In addition to full time staff, the following personnel assist
our department:
ao
be
co
Consultants
City Planner
City Engineer
Part Time
Building Inspections
Plumbing Inspector
Electrical Inspector
Support Staff
Fire Department*
Fire Chief
Fire Marshal
Asst. Fire Marshal
Secretary
Mark Koegler,
Hoisington Group Inc.
John Cameron,
McCombs Frank Roos & Assoc.
Loren Kohnen,
Metro West Inspection Services
John Breitner
Jerry Kurth
A1 Tollakson,
State Board of Electricity
June Hyland, Code Enforcement
Police Department*
(complaints, derelict auto-
mobiles, and ordinance
violations)
Don Bryce
Jerry Babb
Mike Palm
Judy Bryce
Planning & Inspections Department
1991 Annual Report
*The Mound Police Department will assist the building official
on occasion, when needed.
**Fire Department is separate distinct department, but is listed
because of importance and interrelation.
REVENUE & EXPENDITURES
Below is a summary of budget and revenue for construction
activity:
1990 1990 1991 1991 1992
BUDGET ACTUAL BUDGET ACTUAL PROPOSED
REVENUE 86,700 68,670 65,700 68,041 65,100
EXPENDITURES 145,000- 133,118 123,230 124,778 127,000
*Includes $13,000 purchase of new car.
CONSTRUCTION ACTIVITY
Total construction activity is down 10.6 percent, however, there
is some good news, residential activity is up again this year by
approximately 28 percent, this figure breaks down as follows:
8
16
87
1
268
397
Demolitions of Single Family Dwellings
New Single Family Dwellings
Signs, Fences, Grading, Decks, & Miscellaneous
New Duplex
Additions, Alterations, Remodeling Permits
TOTAL BUILDING PERMITS ISSUED IN 1991 (SEE EXHIBIT 'A')
Commercial construction is down 54 percent from 1990, activity
6
Planning & Inspections Department
1991 Annual Report
was comprised mainly of remodeling, maintenance, and the Mound Medical
Clinic completing their second floor into a sports medicine clinic.
In conclusion, we are improving our housing stock as the trend
of old lakeshore cabins being replaced with new homes continues.
PLANNING & ZONING
The majority of cases heard by the Planning Commission and City
Council were 43 variance requests, this is up 37 percent from 1990.
Other activity, resulting in 4 minor subdivisions an 1 site plan
review for a PUD called "Teal Point" which is located in the Whipple
Addition on the end of Windsor Road. Staff is looking forward to
working on this development.
Recommendations by staff to the Planning Commission and City
Council are intended to be in sync with the comprehensive plan.
The Planning Commission and Staff has an aggressive attitude
towards the future-in continuing work on housing maintenance
regulations and house codes to better the community.
Our consultant, Mark Koegler, completed his work on zoning code
modifications that are soon to be scheduled for final public hearing.
Consulting services provided by the City Planner during 1991 generally
fell into two categories: zoning code modifications and zoning case
reviews. Over the past 12 months, the City Planner has been working
with the Planning Commission in preparing a comprehensive package of
amendments to Mound's existing Zoning Code. The amendments include
both "housekeeping" changes and regulatory changes pertaining to areas
such as accessory buildings, lot sizes and acceptable building
7
Planning & Inspections Department
1991 Annual Report
materials. During the course of the year, the planner was also
involved in 25 zoning cases involving variances, conditional use
permits and subdivisions.
PLANNING & 2ONING COMMISSION BOARD OF APPE&Lt
1991
Conditional Use Permit
Subdivision: Major (Replat)
Minor
Site Plan Review
Vacation
Variance
Wetland
Zoning Amendment
House Moving
Resolution Amendments
Variance Extensions
1991
Ar_A_A_A~ Denied
6
4
1
1
41 2
1
1
55 3
W/drawn ~abled Total
6
0
4
1
1
43
0
1
1
0
1990
Conditional Use Permit
Subdivision: Major (Replat)
Minor
Vacation
Variance
Wetland
Zoning Amendment
House Moving
Resolution Amendments
Variance Extensions
1990 TOTAL
Ar_A_A_A~ Denied
4
1
4
20 5
2'
2 1
38
1 59
W/drawn Tabled Total
1989
4
1
4
0
27
0
2
0
3
7 1 3 43
A r_A~ Denied
Conditional Use Permit 6
Subdivision: Major (Replat) 3
Minor 6 1
Vacation
Variance*
Wetland 19 6
Zoning Amendment 1
House Moving
~/drawn Tabled ~otal
1 7
3
1 8
1
1 26
0
1 2
I 3 49
1989 TOTAL
38 7
8
Planning & Inspections Department
1991 Annual Report
~988
Approved Denied
W/draw~. Tabled
Total
Conditional Use Permit 5 5
Sign 2 i 3
Subdivision: Major (Replat) 0
Minor 7 7
Vacation 5 5
Variance* 12 2 1 15
Wetland i 1
Zoning Amendment** 3 3
Grading ~ ~
1988 TOTAL 35 4 0 1 40
NOTE: The city Council's actions were in agreement with the
Planning Commission's recommendations, with some amendments at the
council level, as follows:
1991 = 98%
1990 = 100%
1989 = 92%
1988 = 95%
COMPLAINTS
Following is a brief recap on the number of complaints received
resulting in violations of the Zoning Code, Garbage Collection
Practices, and Nuisance Ordinance:
1989 ........ 108
1990 ........ 101
1991 ........ 80
Not included in these figures are complaints related to
violations of the sign ordinance, building code, or issues addressed
independently by staff or miscellaneous complaints handled by the
Police Department.
Our record keeping of complaints has not been adequately
9
Planning & Inspections Department
1991 Annual Report
established. We are currently keeping comprehensive records for 1992
The Department's goals for 1992 are as follows:
1)
2)
3)
4)
Revise/develop procedure for 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.
EDUCATION AND TI~AINING
Every municipality within the State of Minnesota over a certain
population is required by state statutes to adopt the State Building
Code in it 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 1991 were:
- ICBO Annual Building Officials Code Change
Meeting January 9 - 11, 1991
34th Annual Institute for Building Officials,
University of Minnesota Earl Brown Institute
State of Minnesota Department of Administration
Building Code Update 11-7-91.
10
Planning & Inspections Department
1991 Annual Report
Lake Country Chapter Board of Directors meetings
and regular meetings.
Franklin Productivity Seminar~ 2-27-91.
I plan to continue work on my associates degree
in Building Inspection Technology at North
Hennepin Community College in the evening.
SUMMARY
This year has been one where I have begun to settle into my
position. I have learned much about Mound and its history, and I have
enjoyed and benefited from this education. My position has many
facets and many challenges. The Community is evolving and with the
advent of more housing regulations the community will be maintained
and enhanced.
The upgrade of the computer system for the department has
improved our abilities, efficiency and service to the public.
I am very appreciative to be surrounded by such excellent staff
within my department and other departments of the City.
We look forward to another exciting and productive year.
11
Planning & Inspections Dept. 1991 Annual Report
ANNUAL BUILDING PERMIT COUNT
YEAR
BUILDING PERMIT NO.
FROM TO
TOTAL
VOIDS
1968 1643 1770 127
1969 1771 1992 221
1970 1993 2270 277
1971 2271 2599 328
1972 2600 2971 371
1973 2972 3257 285
1974 3258 3579 321
1975 3580 3906 326
1976 3907 4259 352
1977 4260 4665 405
1978 4666 5013 347
1979 5014 5344 330
1980 5345 5559 254
1981 5600 5885 285
1982 5886 6182 296
1983 6183 6490 307
1984 6491 6814 323
1985 6815 7133 318
1986 7134 7492 358
1987 7493 7924 429
1988 7925 8327 402
1989 8328 8703 375
1990 8704 9066 362
1991 9067 9494 397
1
2
13
13
9
4
NOTE: This count includes all building permits issued, including
signs, fences, grading, demolition, building, etc.
Planning & Inspections Dept. 1991 Annual Report ~IBIT
TOTAL YEARLY VALUES OF NEW CONSTRUCTION
12
10
8
0
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91
YEAR & YEARLY VALUE IN THOUSANDS $
Planning & Inspections Dept. 1991 Annual Report
EXHIBIT tCV
NEW HOUSING UNITS
Z
=It=
121
100
80¸
40-
2O
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91
YEAR
Planning & Inspections Dept. 1991 Annual Report
g
~BIT D
February 18, 1992
Mayor Skip Johnson
Mound City Council
City Manager, Ed Shukle
FROM: Don Bryce, Fire Chief
1991 MOUND FIRE DEPARtMeNT ANNUAL REPORT
Fire and rescue calls were down 8% from 1990. But if you remember, last year
was an all time high. /his year 1991 is a 2nd all time high with 463 calls.
Fire 194, rescue 269. Down 17% on fire and down .01% on rescues.
In Mound we were down 43% on fire and down 9% on rescues from 1990 (82 fires
and 170 rescues - 252 calls.) Mound area had some major fires, 2 known arsons
and 1 conviction with $115,000.00 damage, 2 were juveniles .starting a fire, one
was a deck with minimal damage and the other was $80,000.00 on a house. Total
valuation loss for Mound around $448,000.00.
For the contracting cities: Minnetonka Beach - down 2% on fires up 125% on
rescues (12 fires and 9 rescues.) $100,000.00 valuation loss. Minnetrista -
down 14% on fires and up 2% on rescues (28 fires and 35 rescues) $134,000.00
valuation loss, 1 suspected arson fire with minimal damage on a house being built.
Orono - down 3% on fires up 12% on rescues (28 fires and 18 rescues) minimal
valuation loss, mostly smoke from stoves, grease fires etc. Shorewood - 1 fire
and 1 rescue - $0 valuation loss. Spring Park - up 12% on fires and up 18%
on rescues (35 fires and 39 rescues) valuation loss was approx $1,500.00. /he
total for the contracting cities, 104 fires and 102 rescues = total of 206 calls.
Mutual Aid was busy. We received 5 'all from Maple Plain and we gave 2 times
to Maple Plain, 2 to Long Lake and 1 to St. Boni. We call on Maple Plain
because of their "Big Boss" tanker for water supply. They have the largest
tanker in our area. We have four meetings a year, each department has a turn
hosting every 3rd year.
Training - We Are The Best!! We have 2 drills each month and we have additional
Saturday burnings that is the best training for every firefighter to do. We
had Mawr Skip Johnson and Orono's Mayor Barb Peterson put on full gear and
enter a smoke filled house, it was an experience for them. Thirteen went to
State Fire School, 2 to Fire Instructors Conf. (our training officer and one
Capt. of Lt.), 7 to State Fire Conference, 5 to regional school hosted my Mayer's
Fire Dept., 4 to Haz Mat course, Fire Marshal went to a Mn Pollution Course on
underground tanks, Asst. Fire Marshal had 2 courses on fire inspections and
arson, 2 to State Fire Chiefs and I went to International Chiefs Conference
in Toronto, Ontario Canada.
page 2 cont.
I haven't been able to get to all the Cities' Council Meetings like I wanted to
but with me working out of town last Spring there wasn't enough hours in the
day and night to do what ! wanted.
Our maintenance hasn't changed - 3 heavy maintenance personal who works almost
every Saturday morning. Each firefighter has a turn once a month in groups of
5-6. Naturally the major repairs does have to be sent out, for we don't have
the equipment for most major repairs. (The knowledge but not equipment. )
Our year was demanding, exciting, sad, hectic, busy and fulfilling. Along
with our "normal" fire dept. duties we are asked to volunteer and stand by
at High School foo~_-ball games, hockey tournaments, school activities with our
rescue personal. It's getting hard for me to get eager volunteers for these
purposes. We are at the station all the time and it is involving the family
home life! Do you realize the dedication these men have for the fire dept??
I'm sorry, but the "no" on fixing/addition to the station has really brought
the moral down. We have the Best Equipment, the Best Trained Firefighters and
the housing is terrible!
We are on duty day and night, 24 hrs a day, 7 days a week, bust our butts to
get out of bed at night etc. Does the public really know what they have here
protecting them? I don't think so! Just that firemen were speeding - that
firemen went through a stop sign - that firemen were driving to close 'behind m~.
But also "those people will say, they didn't get here fast enough! We aren't
looking for an applause each time we respond to a call, but a note or verbal
"/hank You' sure would help once in a while. To hear negativism most of the
time is not a good moral booster. These guys don't get half the credit they
should ge t !
We also hear "what the Fire Dept. wants, the Fire Dept. gets! WRONG! I know
the cuts that the cities have been getting, and we are working on specs for
refurbishing ~12 our 1973 Mack pumper. By doing this we should be saving over
hundred thousand dollars over buying a new truck. On our major fires, for
the investigation work, I put the Fire Dept. out of service, so the hourly
pay per man doesn't get involved to the cities. (On investigations when the
State Fire Marshals are called out, it can take another 2-6 hours or more
for the investigation work. ) The Relief went along with the 4% deduction, for
now, on the funding we get from the City. We had to say we understand, for the
addition to the station. But --- You need to give the volunteer firefighters
something to keep them on the department for 20 plus years!! This is now a
full time job for alot of my men, plus their "other" full time job. ~his is
not all fun and games, we are here because we care for our commmities and take
pride in what we do and we have a concern for whats out there. I need some-
thing to give back to my firefighters! Believe me it is not easy to satisfy
all of them!
Our goals for the 1992 year. To keep the excellent training that we've been
doing, to refurbish truck ~;12 (Mack), to put in an exhaust system which OSHA
requires into the station, to have a heart start for our rescue unit (which
is on order) and to keep within our budget, which I have always done!!
Whether you like it or not, there has to be a full time fire inspector/marshal.
for our fire area in the in~ediate future. The demand is gettinR to much fo_r~
the 2 Fire Marshals and myself to take care of everything that needs and should
be done. Times are changing and if we want a safe cc~ty, something has to
be done.
page 3 cont.
THE RELIEF ASSOCIATION - DAVID CARLSON, PRESIDENT
The Mound Fire Department Relief Association Board of Directors expects to be
busy in 1992. We recently met with~rePreSentatives from Marquette Bank to
review the performance of our investments in 1991 and discuss investment
goals for 1992. Our investments showeda 14% return in 1991 which will be
hard to match in 1992. With the current low yields on certificates of deposits
we are considereing a stronger position in equities via mutual funds.
Data has been submitted to Bordewick & Company to conduct an actuarial study
and determine the required funding for the current benefits being paid. ~he
goal of this study will be to determine if current funding can support a
benefit increase. In addition, we will be looking at the affects of the drop
to 4% increases in City funding for the last two years.
The Board of Directors plans to up-date other by-laws of the Relief Association
in 1992 and reissue a list of the various benefits provided to all members. We
also will be closely watching activities by the State Legislature and vigorously
opposing any efforts to combine all Relief Association Funds into one State Fund.
ASST. FIRE MARSHAL - MICHAEL PAIM
Fire Marshals/Inspectors have also beenextremely busy. I have been working
closely to Jon Sutherland on Mounds Inspections of new remodeling businesses,
business in general and residential fires. A/so cities of Orono, Spring Park,
Minnetonka Beach (Lafayette Club) and Minnetrista. For construction they have
numerous inspections and re-inspections on sprinklers, detectors, alarm s-/stems,
door hardware, elevators, oddupancies. All of this has to be done during the
workingfours so that entails/take time off of our work. On our major fires when
we don't know the ca~se, we are there 1 to 4 hours after the fire dept. clears
the scene to determine the cause, get samples, take pictures, etc., alo~with
the State Fire Marshal that we call for assistance. (We have to call the State
Fire Marshals if there is a death and or valuation loss of $20,000.00 or more.)
Fire Prevention week we visit most of the schools in our fire area. /he whole
week is planned out for the school kids - showing movies on prevention here
at the station and they love touring the station and looking at our big red
fire trucks. When we go to the schools, we take a truck for them to see, talk
to them and hand out fire prevention pamphlets and coloring books that are
quite educational. Along with Jerry and I, Steve Erickson helps out alot the
week of Fire Prevention.
We've been called to GrandviewMiddle School to talkwith students who like to
"play with fire". We get their parents involved too. Arson is very much a
juvenile cr~me. Juveniles accounted for 44% of all 1990 arson arrest nationally.
(quote frem Fire Chiefs magazine of Jan. 92.)
On the over all inspections we could go on and on. Alot of our buildings in
our fire area are "old". To protect them and to protect our fire fighters
we have to know what is in each business, from hazardous materials, to layout
of buildings, condition of building, blocked exits, proper exit lighting,
page 4 cont.
fire extinguishers, what time there are employees in the building etc. Some
of these business should be inspected alot more, but with $360.00 for the
two Fire Marshals that's paid to them each month (Jerry - $258.33 & Mike $100.00)
does not compensate for loss of time from our work. It is a real
concern out there for us the Fire Department, the businessess and the general public.
Mike's Inspections that he has done alone.
INSPECTIONS - 315 hours
INVESTIGATIONS - 60 hours
PREVENTIONS/EDUCATION - 50 hours
COMPLAINTS - 40 hours
MEETING/PlANS REVIEW - 48 hours
MOUND VOLUNTEER FIRE DEPARTMENT
FIRE PREVENTION 1991
GERALD BABE
FIRE MARSHAL
FIRE PREVENTION INSPECTION
Inspections which are conducted as part of code enforcement
help ]crovide and ensure satisfactory life safety conditions
within a structure. They include inspection of the condition
of exits and interior finish, the operation of exit doors,
emergency lighting, exit lights and signs, and all fire
doors. Inspection of exit discharge area.
Inspections are intended to prevent fire from occurring
because the inspector identifies fire hazards which could
cause a fire, allow a fire to develope, or allow a fire to
spread once ignited. In addition to locating and correcting
possible fire causes, the inspector should check the
accumulation of combustible trash and debris, storage
practices, proper maintenance, and the safe operation of
building utilities.
Inspection assures the proper installation, operation, and
maintenance of fire protection features, systems, and
appliances within the building. The inspection process
should assure regular testing of each fire protection system
by the fire department dr by others.
Fire detection equipment, alarms, annunciation, notification,
sprinkler valve operation, supervisory switches, and fire
pumps should all receive regular testing as part of the
inspection process. Other fire protection features,
including standpipes and fire escapes should receive testing
or close examination to detect possible malfunctions due
to deterioration from weather. Fire extinguishers should
be checked as to type, placement, maintenance, testing, and
distribution.
During the inspection process, technical information on the
building and the processes should be collected. When used
in pre-fire planning, this kind of information can be used
as a valuable source for handling a fire at any property.
Inspections provide an opportunity to educate the owners
or occupants of a building about the need for adequate
fire and life safety conditions.
Public fire education affects a fundamental change in the
way the general public views fire. It encourages people
to act in firesafe ways. The public needs to be motivated
and instructed in how to take actions that minimize the
chances of fire and the dangerous effects of a fire, should
one occur.
Fire investigation is a major objective of the fire prevention
program. Discovering the causes of fires within our community
is the basis for establishing fire prevention program priorities
and providing public fire education information. It is the
responsibility of the Fire Marshal to investigate the fire
in order to find the cause and determination and to bring
criminal action to the person or persons who have contributed
to a fire.
Inspection 1991
Hennepin County Library - 2079 Commerce Boulevard
Mound Collision Center - 2334 Commerce Boulevard
PittsburG Paint - 2365 Commerce Boulevard
Masonic LodGe - 2372 Commerce Boulevard
Contel Telephone - 2365 Commerce Boulevard
VFW - 2544 Commerce Boulevard
Mayer's Mound Service - 2612 Commerce Boulevard
Bob's Bait - 2630 Commerce Boulevard
Cultured Marble - 2642 Commerce Boulevard
House of Moy - 5555 Shoreline Boulevard
Century Auto Body - 5533 Shoreline Boulevard
Toro - 5300 Shoreline Boulevard
CR Manufacturing - 5340 Shoreline Boulevard
Quartz ManufacturinG - 5300 Shoreline Boulevard
Channel Industries - 5340 Shoreline Boulevard
Union 76 - 4831 Shoreline Boulevard
Rite Away Oil ChanGe - 5293 Shoreline Boulevard
Minnetonka Mist - 4050 Shoreline Boulevard
Lehman's Mushrooms - 4264 Shoreline Boulevard
Meisel Properties - 4310 Shoreline Boulevard
Spur - 4311 Shoreline Boulevard
Westonka Sanitation - 4636 Shoreline Boulevard
Video Update - 4636 Shoreline Boulevard
Lord Fletchers - 3746 Sunset Boulevard
SuperAmerica - 3701 Sunset Boulevard
Lafayette Country Club - 2800 Northview Road
O'Sullivan's - 2420 Shadywood Road
Lowell's - 3542 Shoreline Boulevard
Navarre Hardware - 3400 Shoreline Boulevard
Mount Calvary School - Shoreline Boulevard
PXC / Prosix Corporation - 2321 Commerce Boulevard
Westonka Animal Hospital - 4861 Shoreline Boulevard
Westonka Community Action Network - 5600 Lynwood Blvd
A1 & Alma's Supper Club - 5201 Piper Road
Anthony's Floral - 1861 Commerce Boulevard
Babler Auto Body - 4844 Bartlett Boulevard
Ben Franklin Mound - 2281 Commerce Boulevard
Westonka Senior Center - 5600 Lynwood Boulevard
A-1 Rental - 3607 Shoreline Boulevard
Rick's Super Valu - 3333 Shoreline Boulevard
Westonka Travel - 5575 Shoreline Boulevard
Jubilee Foods - 5229 Shoreline Boulevard
City Looks - 2236 Commerce Boulevard
Coast To Coast ~'2250 Commerce Boulevard
GTE Minnesota - 2378 Wilshire Boulevard
City of Mound--- 5341Maywood Road
Hardee's 5205 Shoreline Boulevard
Twin Birch Center - 4527 Shoreline Boulevard
Minnetonka Drive-In - 4658 Shoreline Blvd.
Mound Medical Clinic - 2200 Commerce Blvd.
Paul's Auto and Marine repair - 1632 C~nerce Blvd.
Progress Woodworking - 4851 Shoreline Blvd.
S-O-S Printing - 2361 Wilshire Blvd.
Scotty B's - 2244 A Commerce Blvd.
Thrifty White Drug - 2238 Comnerce Blvd.
Guthrie Woodworks - 5448 Shoreline Blvd.
Mound Westonka Senior High - 5905 Sunnyfield Road
Grandview Middle School - 1881 Cc~mmrce Blvd.
Shirley Hills Elementary - 2450 Wilshire Blvd.
Hilltop Elementary - 5700 G~me Farm Road
Our Lady Of The Lake - 2411 Conmerce Blvd.
Chapman's Place - 2650 Commerce Blvd.
Rlmhurst Apartments - 2139 Basswood Lane
Indian Knoll - 2020 Commerce Blvd.
Tonka Apartments - 2009 Conmerce Blvd.
Bayview Condominiums - 2400 Interlachen Road
Grandview Apartments - 5600 Grandview Blvd.
Westonka Estates - 2461 Co~nerce Blvd.
Westonka Villa Apartments - 5028 Shoreline Blvd.
Lakewinds Cond~min~mm - 4379 Wilshire Blvd.
Hours for Jerry and Mike together on their inspections.
INSPECTIONS
Mound- 375 hours
Spring Park - 160 hours
Orono - 180 hours
Minnetonka Beach - 25 hours
Mimnetrista - 15 hours
FIRE PREVENTION EDUCATION
140 hours
FIRE INVESTIGATION
80 hours
ORGANIZATIONAL MEETINS
80 hours
}DME INSPECTIONS
20 hours
DAY CARE
25 hours
Respectfully Submitted,
Gerald Babb
Fire Marshal
ACTIVE SENIORITY ROSTER
~ 1 DON BRYCE 05/03/65
2 JERRY GARVAIS 07/02/73
o-~ 3 BILL SWENSON 07/02/73
4 BRAD LANDSMAN 03/04/74
5 RON MARSCHKE 03/04/74
6 JERRY BABB 09/09/74
7 DAVE BOYD 02/03/75
8 GREG PEDERSON 02/03/75
9 TOM SWENSON 09/08/75
10 STEVE ERICKSON 11/03/75
11 MARV NELSON 11/03/75
12 DAVE CARLSON 04/05/76
13 CRAIG HENDERSON 11/01/76
14 SCOTT BRYCE 01/09/78
15 STEVE COLLINS 02/06/78
~ 16 MIKE PALM 06/04/79
I 17 GREG ANDERSON 12/03/79
18 JOHN NAFUS 06/02/80
19 MIKE SAVAGE 09/15/80
, 20 JEFF ANDERSEN 09/22/80
21 TIM WILLIAMS 11/07/83
22 RICK WILLIAMS 11/07/83
/~ 23 GREG PALM 02/06/84
24 TONY RASMUSSEN 03/04/85
25 RON STALLMAN 01/05/87
26
27
28
29
3O
31
32
33
34
35
36
37
\D
KEVIN GRADY 06/06/88
JIM CASEY 09/12/88
PAUL HENRY 05/01/89
PHIL FISK 05/01/89
TIM PALM 05/01/89
BRET NICCUM 07/10/89
KEVIN SIPPRELL 03/02/90
RANDY ENGELHART 04/02/90
DAN GRADY 12/03/90
JAMES NELSON 12/03/90
ED VANECEK 11/04/91
FIREFIC~qTER PItDNE ADDR~S CITY DOB EN~Y
ANDERSEN 3EFF 472-7564 2221 S~M~/ LN MOUND 55364 07/10/57 09/22/L
ANDERSON GRM~ 472- 3080 4924 PLYMDUIM RD MOUND 55364 11/18/60 12/03/79
BABB O'~Y 472-2858 2169 BIRCH LN MOUND 55364 08/27/40 09/09/74
BOYD DAVID 472-4515 5460 BARTLgTT BLVD MOUND 55364 01/30/52 02/03/75
BRYCE DON 472-4085 P.O. BOX 37 MOUND 55364 12/04/42 05/03/65
BRYCE SCOT~ 472-3622 5955 IDLEWOOD RD MOUND 55364 01/09/57 01/09/78
CARLSON DAVID 472-5485 6365 ACORN RD MOUND 55364 10/17/51 04/05/76
CASEY JIM 472-1750 4968 AFTON RD ~3UND .55364 09/25/55 09/12/88
COLLINS S~-~v'E 472-5267 2121 GRANDVI~ BLVD MOUND 55364 09/08/50 02/06/78
E~ELHART RANDY 472-7615 5200 SULFROVE RD MOUND 55364 03/15/61 04/02/90
ERICKSON S~EVE 471-7129 4367 SHORELINE DR SP PK 55384 10/28/49 11/03/75
FISK PHIL 472-5173 4790 CARRICK RD MOUND 55364 03/09/67 05/01/89
GARVAIS JI~LRY 472-2374 4691 PAISLEY RD MOUND 55364 11/27/51' 07/02/73
GRADY DAN 472-3410 P.O. BOX 13 MOUND 55364 05/07/56 12/03/90
GRADY KEVIN 472-4058 760 APPLEGARDMN RD ~K)UND 55364 07/30/61 06/06/88
HI~TDERSON CRAIG 472-3361 4435 DORCHESTER RD MOUND 55364 09/18/57 11/01/76
HI~qRY PAUL 472-5306 5056 SULGRO~ RD MOUND 55364 11/24/53 05/01/8c~
LANIXSMAN BRAD 472-1817 2212 FAIRVIEW I~N MOUND 55364 02/15/52 03/04/°
MARSCHKE RO~ 472-3815 2207 NOBLE I2~ MOUND 55364 07/18/41 03/04/74
NAFUS JCMN 471-7432 2580 DUNWOODY I~N WAY 55391 05/10/54 06/02/80
NELSON JAMES 472-6382 4397 WILSHIRE BLVD MOUND 55364 01/21/71 12/03/90
N~N MARV 472-3500 2025 SHOREWOOD LN MOUND 55364 "'08/19/50 il/03/75
NICCUM BRET 472-1983 2449 OAKLA~ RD MOUND 55364 12/09/65 07/10/89
PALM GREG 472-1236 2153 LANGDON LN .MOUND 55364 04/17/61 02/06/84
PAIZ4 MIKE 472-1972 2695 WESTEDGE BLVD MOUND 55364 07/14/59 06/04/79
PALM TIM 472-2398 4879 WILSHIRE BLVD MOUND 55364 07/16/17 05/01/89
PEDERSON GREG 472-5785 6087 ASP~q RD MOUND 55364 02/22/52 02/03/75
RASI4JSSEN TONY 472-2912 5924 IDLEWOOD RD MOUND 55364 05/02/59 03/04/85
SAVAGE MIKE 472-3591 3125 HIGHLAND BLVD MOUND 55364 0-3/08/50 09/15/80
SIPP~,I, KEVIN 471-8659 2205 BAYVIt~/ PL WAY 55391 08/31/65 03/05/90
STAI~JqJ~N RON 472-7904 2201 CENTERVIEW I~N ~ 55364 03/18/64 01/05/87
SWENSON TOM 472-7061 4387 WILSHIRE BLVD ~3UND 55364 06/26/49 09/08/75
SWIm, SON WM 472-7061 4387 WILSHIRE BLVD MOUND 55364 06/26/49 07/02/73
VANM:~ ED 472-3178 2345 FAIRVIEW I~N ~3LTND 55364 12/08/66 11/04/O~
W1],T.TAMS RICK 472-7170 5940 HI~ LN MOUND 55364 07/08/60 ll/07/~-
WTT,T.TAMS TIM 472-6716 3135 AYR I~N MOUND 55364 02/03/62 11/07/83
OFFICERS AND COMPANIES
CHIEF 1 DON
CHIEF 2 RON
TRAINING GREG
FIRE MARSHALL JERRY
ASST. MARSHALL MIKE
TRUCK
CAPT 12
LT. 14
CO. # I
STEVE
MARV
GREG
KEVIN
JOHN
MIKE
RON
BILL
RICK
ERICKSON
NELSON
ANDERSON
GRADY
NAFUS
PALM
STALLMAN
SWENSON
WILLIAMS
BRYCE
MARSCHKE
PEDERSON
BABB
PALM
LADDER
CAPT 15
LT. 15
CO. # 1
CRAIG
JEFF
JIM
RANDY
DAN
JAMES
BRET
TONY
ED
HENDERSON
ANDERSEN
CASEY
ENGELHART
GRADY
NELSON
NICCUM
RASMUSSEN
VANECEK
TRUCK
CAPT 11
LT. 11
CO. #2
DAVE
JERRY
SCOTT
STEVE
PAUL
MIKE
TOM
BOYD
GARVAIS
BRYCE
COLLINS
HENRY
SAVAGE
SWENSON
RESCUE
CAPT 14
LT. 12
CO. #1
DAVE
BRAD
JERRY
PHIL
GREG
TIM
KEVIN
TIM
CARLSON
LANDSMAN
BABB
FISK
PALM
PALM
SIPPRELL
WILLIAMS
JEFF ANDERSEN
GREG ANDERSON
'E BOYD
BRYCE
JERRY GARVAIS
COMPANY RESPONSABILITY
TRUCK # 1
TRUCK # 2
LADDER
RESCUE
UNIT 12,18
UNIT 11,15
UNIT 17,22
UNIT 19,16,AIR EQUIP
AUTHORIZED DRIVERS
STEVE ERICKSON
CRAIG HENDERSON
BRAD LANDSMAN
RON MARSCHKE
JOHN NAFUS
MARV
MIKE
MIKE
TIM
NELSON
PALM
SAVAGE
WILLIAMS
CITY of MOUND
5341 MAYWOOD ROAD
MOUND. MINNESOTA 55364-~687
(612) 472-1155
FAX ,612) 472-0620
January 13, 1992
TO:
FROM:
SUBJECT:
MAYOR
CITY COUNCIL
CITY MANAGER
CITY CLERK
1991 ANNUAL REPORT
Personnel Roster:
Francene C. Clark/Leisinger, City Clerk - 8-10-81
Linda Strong, Secretary/Receptionist - 8-5-85
Linda and I report directly to the City Manager. The City Manager
and I share Linda's time. She is the receptionist first. Ed has
her doing secretarial duties and I have her helping me in various
areas. Linda has taken the Minnesota Clerks' Institute program.
This is a 100 hour course put on by the University of Minnesota
Continuing Education and she received her certificate in July,
1989.
RECORDING OF COUNCIL PROCEEDINGS
There were 23 regular City Council Meetings in 1991, including the
following: the Local Board of Review and Budget Hearing. That
totals 24 meetings. From these meetings 237 pages of minutes were
generated for Council review and approval. Agendas are prepared by
the City Manager. I then input the Agenda into the computer. The
Agenda material is then put in order, attached, and numbered.
Linda then runs the packets on the Xerox and directs the packets to
the proper people. We send agendas to all people who have items on
the agenda, highlighting the item pertaining to them.
After the Council Meetings there are items that need to be followed
up, such as contracts signed and sent to the proper people,
directives from the Council that need to be attended to and routine
items that need to be resolved. These items many times are 4 to 6
printed on recycled paper
hours of work after a meeting. That does not include preparation
of the minutes and the resolutions.
I continue to micro-film the Council packets. This is handy when
used in conjunction with the Clerk's Index Program. I have all of
1989, 1990 and 1991 on the computer. This has eliminated the need
to index all the City Council actions on 3 x 5 cards manually.
.I~INTENANCE OF ORDI1TANCE BOO~
An ordinance is a law of local application, enacted by the City
Council, which prescribes a general and permanent rule for persons
or things within the City. This is distinguished from other types
of regulations or actions which are undertaken by resolution or
motion. Resolutions or motions generally regulate administrative
or temporary actions as opposed to a permanent law.
An ordinance becomes effective upon its adoption by the City
Council and publication in the official newspaper. Therefore, as
soon after a Council meeting as possible, ordinances are published.
After publishing, the new ordinance has to be integrated into the
ordinance book in the correct area.
There were 8 ordinances adopted in 1991.
47-1991
48-1991
49-1991
50-1991
An Ordinance Amending Section 450:10 and 450:35 of
the City Code and Repealing Section 450:25, all
Relating to Public Dance Hall Regulations.
An Ordinance Adding Section 491 to the City Code
Relating to the Collection of Recyclable Material.
An Ordinance Amending Section 23.625.3 of the Mound
Code of Ordinances to Add "Limousine Service,, as a
Conditional Use in the Central Business (B-i) Zone.
An Ordinance Amending Section 900:10, Subds. 1 and
2 of the City Code Relating to Minors Loitering and
Curfew.
51-1991
52-1991
An Ordinance Amending Section 23.625.3 of the Mound
Code of Ordinances to Add "Retail Businesses -
Stores and Shops Selling Both Over the Counter
Retail Goods and Selling Goods by Mail Order" as an
Allowable Use by Conditional Use Permit in the
Central Business (B-i) Zone.
An Ordinance Amending Sections 455:10, 456:80, and
510:35 and Adding Section 456:26 to the City Code
Relating to Dog Nuisances, Impounding, Leashing and
Clean Up After Dogs or Animals, and Impound Fees.
53-1991
An Ordinance Amending Section 437:05, Subd. 9;
Section 437:10, Subd. 12; Section 437:25 of the
City Code as They Relate to Dock Licenses; and
Section 510:00, Subd. 1 of the City Code as it
Relates to Fees.
54-1991
An Ordinance Amending Section 320:00, Subd. 4, of
the City Code Relating to Land Alteration on Public
Lands.
As Chapters in the City Code are amended, I am putting these on the
computer, a disk for each Chapter. This will make revisions much
faster than typing whole pages.
I~INTENANCE OF RESOLUTION BOOK
A resolution is somewhere between a motion and an ordinance. A
resolution deals with matter of a special, administrative or
temporary nature and is put in resolution form because of its
importance or length. In 1991, the City Council adopted 178
resolutions. These are all composed, typed, signed and kept in
resolution books. Each resolution is then categorized and indexed
by subject and number in order to make them easier to find at a
later date. This catagorizing is now done with the Clerk's Index.
Copies of the resolutions are given to the various departments when
they pertain to their area. I also certify resolutions to be
recorded at Hennepin County if required.
PUBLIC NOTICES
This office arranges for the publication of official and legal
notices for such things as public hearings, changes in meeting
dates for the City Council, ordinances, and any other items that
are required by State Statutes or that the Council or City Manager
feel should be in the official newspaper.
Some public notices (vacating of streets, etc.) must also be posted
in 3 public places. The Park Dept. handles the posting and fills
out the posting affidavit.
Some bids come through my office and are advertised according to
State Statute. Some of the specifications for bids for equipment
are laid out and prepared by me with input from the specific
department head requesting the item.
LICENSES & PEI~ITS
The City of Mound issued 76 licenses or permits for 21 different
purposes in 1991. This accounted for approximately $3,855.00 in
revenues. Gayle Burns in the Finance Department spends a
considerable amount of time in the administration of the licenses
and permits, i.e. notices and renewal forms are sent before they
expire; when the renewal application is received it and the
insurance papers must be gone over to be sure they are correct; the
payment receipt is made out; the names submitted to the Council for
review and approval; the license issued and sent to the applicant.
Then there are always the applicants who wait until the last minute
or have to be coaxed to get their applications and fees in before
expiration.
This process will change in 1992, with one less person in the
Finance Dept., I will be taking over all licensing duties.
PUBLIC INFORMATION
I have found being City Clerk that people expect me to be the local
expert in everything from utility costs to the legality of the
latest zoning fracas. In attending State and International
conferences I find that most city clerks are used as an information
source by local citizens. I try to stay informed as to what is
going on in all aspects and departments of the City so that if I
cannot answer a question for a citizen at least I can direct them
to the proper person for an answer.
What comes along with public information is research into various
items that people have concerns about.
RECORDS MANAGEMENT
Records Management is a function concerned with the creation,
processing, maintenance, protection, retrieval, retention,
preservation and disposition of records required in the operation
and continuance of city operations. The objective is to save
space, money and time.
The City owns a microfiche recorder (camera), film processor and a
dry ink reader/printer. We have been using this equipment for
Police records that must be kept and require too much space; for
all old permanent records of the City Council i.e., resolutions,
minutes, etc. We will continue to work at this in 1992.
TAX FORFEIT PROPERTY
In 1991, I dealt with 6 tax forfeit parcels of land.
0 - parcels were released to sale to adjoining property
owners;
2 - parcels were conveyed to the City for park/wetlands,
drainage, or unbuildable;
4 - parcels were released for public auction;
Hennepin County notifies us of property within the City that has
gone tax forfeit because of nonpayment of real estate taxes. They
also periodically ask about property we have taken for a public
purpose to insure that we are using it for that public purpose.
The County asks that we inform them of what we would like done with
the property i.e., allow the parcels to the sold at public auction;
require that they be sold only to adjoining property owners if they
are undersized or do not meet the zoning and building codes; or
retain them for some public purpose. There is a considerable
amount of research that must be done to determine what should be
done with the property.
The first step is to go to the tax books and get a property
description. Then the property jacket is pulled and its contents
examined to see if the property was taken for a public purpose or
is a new tax forfeit parcel.
The next step is to figure the square footage of the property and
look at the current zoning district to determine if it is a 408
buildable lot or not. After all this information is determined, it
is all put on a sheet, a plat map showing the property is made and
sent to the City Engineer, Park Director, Street Superintendent,
Sewer & Water Superintendent, Building Inspection and Finance
Director for their comments and recommendations. Occasionally, an
easement is needed for utility purposes; a survey may be needed to
determine if part of the property is in the wetlands; or there may
be reasons for the City to retain the property.
The Special Assessment Clerk in the Finance Dept. determines if
there are any assessments from before forfeiture or since
forfeiture that need to be put back on the property. The reason we
need to know assessments before and since forfeiture is that the
City gets 90% of the purchase price to apply to assessments from
before forfeiture. The assessments since forfeiture are added in
their entirety to the appraised value (determined by the Hennepin
County Assessor) of the property. In 1984, the City Council
adopted a resolution (#84-94, copy attached) setting a policy on
assessments placed on undersized tax forfeit property before
forfeiture· This has helped to encourage adjoining property owners
to purchase undersized parcels and combine them with their
property.
In 1987 I completed a card index by Property Identification Number
for the following:
City owned property;
Tax forfeit property that has been retained by the City
for a public purpose;
Tax forfeit property that falls into the following
categories:
a. Property released for public sale;
b. Property for sale only to and combined with
adjoining property.
Each card has a PID (property identification number), plat and
parcel, legal description, status (what it is, park, wetlands, tax
forfeit, etc.), whose name it is. in (State Land Dept. or City of
Mound or both), any resolutions dealing with the parcel (resolution
number and disposition). I have now completed coordinating the
Certificates of Titles, State Deeds, easements, etc. and recorded
that type of information on each card also. This card file, is now
complete and is being kept up-to-date. It has already proved to be
a very valuable tool when someone calls in to check on a parcel of
land.
Since we started dealing with tax forfeit property in 1982:
39 parcels have been put up to public auction;
36 parcels were retained for a public purpose; and
79 parcels have been authorized to be sold to and combined
with adjoining properties;
5 temporary construction easements were reconveyed.
Of the above, 34 parcels of the 39 have been sold at public auction
and 47 of the 79 parcels have been sold to adjoining property
owners to be combine with their property. I think this shows how
this process is working to the city's advantage to get parcels back
on the tax rolls and increase conformance to the zoning ordinance.
We now have a computer program called Rapid File and I am trying to
get all this information on tax forfeit property into the computer.
I will continue to work on this during 1992.
OTHER DUTIES/~ESPONSIEILITIE~
~UDGET:
In 1991, the inputting of all budget pages was done for all
departments. This included all figures for 1990, 1991 and
inserting all proposed 1992 figures. There was also preparation of
the Election Budget and joint work with the City Manager on the
City Council Budget and the Manager/Clerk Budget.
CEMETERY
In 1988, I officially took over the Mound Union Cemetery records.
In 1991, there were 18 burials and 10 graves were sold. In 1989,
I used the Rapid File program in my computer and inputted all the
information from each division of the cemetery. All the
information came off the cemetery cards which were checked and
cross-checked. This now allows us to instantly locate people by
name, owner of the grave, or lot and grave number. There are three
divisions and each is separate on the computer. I have a book that
I update every few months. It took a considerable amount of time
to do this but I feel it has really cut down on the paper work.
We had new cemetery maps made up at the end of 1991 to include all
new information.
FIRE CONTRACTS
The Fire Department keeps track of all fire reports for each
contracting city. The fire reports are all listed according to the
City and the number of fire/rescue hours. In 1991, there were 360
mutual aid hours which are divided equally between the contracting
cities. The Fire Contract Material is figured on a combination
percentage of assessed value and a 3 year average of fire/rescue
hours for each contracting city. That percentage is then used on:
ao
B.
C.
D.
Operating Costs
Capital Outlay
Fireman's Relief Fund
Fire Truck Payments
In 1991, the fire hours breakdown is as follows:
ACTUAL EQUAL
CONTRACTING FIRE/RESCUE MUTUAL AID
CITY HOURS + HOURS = TOTAL
PERCENTAGE
Minnetonka
Beach 449 + 60 = 509 5.00%
Minnetrista 1459 + 60 = 1519 14.93%
Orono 949 + 60 = 1009 9.92%
Shorewood 23 + 60 = 83 .82%
Spring Park 1377 + 60 = 1437 14.12%
Mound 5557 + 60 = 5617 55.21%
TOTAL 9814 + 360 = 10,174 100.00%
These hours will be integrated into the 3 year average when the
1993 contract material is figured.
Part of the formula for figuring the fire contracts was to use the
total assessed value of the fire area in a community. This changed
a few years ago from assessed value to market value, which did not
change the percentages much but required some language change in
the original fire contracts and at the same time this was done some
other changes were made to update the contract for each fire
contracting city.
EMPLOYEE SUPERVISION
The city Manager and I supervise the Secretary/Receptionist, Linda
Strong. As I stated in the beginning of this report, Ed and I
share Linda's time. Linda is first and foremost the receptionist
who answers the phone anywhere from 60 to 80 times a day, fielding
calls to the proper people, taking messages when people are out of
the office and directing people when they come into City Hall. She
is sometimes the only contact a citizen has with City Hall and she
is excellent in giving people a positive and helpful image of the
City of Mound.
She does a lot of typing for departments who do not have
secretarial help, i.e. Finance, Liquor, and the Dock Inspector.
She is also in charge of handling all incoming and outgoing mail;
copying for various departments; office supply ordering; as well as
the duties that were mentioned before. We are lucky to have
someone who is versatile, talented and friendly.
MISCELL~-NEOUS
In September assessment hearing notices were prepared, the tax
books checked to verify names and addresses and notices were
written, published and sent to all parties concerned regarding the
following:
CBD (Central Business District) Parking Maintenance
CBD (Central Business District) Park Lot Acquisition
Unpaid Tree Removal Charges
Unpaid Mowing Charges
Delinquent Water & Sewer Charges
Unpaid Hazardous Building Charges
Supplemental Water Connection
The CBD Assessment Roll is a very involved procedure. The expenses
are figured from June 1 of a given year until May 31 of the year
being assessed. This figure includes expenses for railroad lease,
special assessments, maintenance materials, crosswalks striping,
blacktopping of lots, Christmas decorations, lighting of lots,
parking lot leases, salaries for maintenance. This figure is sent
to each business in the CBD District. There is a very complicated
formula for spreading these expenses between the businesses in the
Central Business District. The formula is based on the following:
1. Customer parking spaces required (this is determined by
the CBD Parking Committee based on the business).
2. Employee parking spaces required.
3. The number of spaces provided by the business.
4. The first 2 items are added together and the third is
subtracted.
5. A percentage of the total is then figured on item #4.
6. The business front footage is then taken.
7. A percentage of the total is then figured on item #6.
8. The present market value is then taken.
9. A percentage of the total is then figured on item #8.
10. Next the total costs (expenses) are multiplied by the
factor .7 and that result is multiplied by item #5.
11.
12.
13.
Next the total costs (expenses) are multiplied by the
factor .15 and that result is multiplied by item #7.
Next the total costs (expenses) are multiplied by factor
.15 and that result is multiplied by item #9.
Items 10, 11 and 12 are then added together and that is
what is proposed to be assessed to each business in the
CBD.
Resolutions were prepared for all the aboVe assessments. Levy
sheets were prepared for Hennepin County, resolutions certified and
all sent to the County to appear on the 1992 tax statements.
OTHER MEETINGS ATTENDED
MCFOA (Minnesota Clerks, & Finance Officers, Association) Annual
Meetlnq
I have been a member of this organization since 1982. I was
Regional Vice President for Region IV in 1984; Treasurer in 1985;
Secretary in 1986; Vice President in 1987; became the President in
1988; and a Director at Large (Immediate Past President) 1989 and
1990. This state organization has one annual conference in March
which is put on by the University of Minnesota Department of
Professional Development and Conference Services. It is designed
to meet the needs of Minnesota clerks from large, small and medium
size cities, with different responsibilities, and with varying
years of experience. The technical sessions provide practical
information and an opportunity for discussion with other clerks.
I received the title of MCMC.(Minnesota Certified Municipal Clerk)
in March 1985 after completing the required courses and extra
seminars offered by the University of Minnesota Continuing
Education.
Out of the 855 cities in Minnesota there are over 550 members in
MCFOA.
IIMC (International Institute of Municipal Clerks) Conference
I have been a (CMC) Certified Municipal Clerk since November 1985.
The State of Minnesota presently has over 345 member cities in the
IIMC. We are 9th out of 77 (including the 50 states, 12 Canadian
provinces, and 15 other countries such as Australia, New Zealand,
Israel, United Kingdom, South Africa) in membership to IIMC. Total
IIMC membership is over 9,977 up 109 over 1990.
I attended the annual IIMC Conference from May 19 - May 24. The
theme this year was "Clerks - The Bridge to Excellence", and was
reflected in the variety of topics covered in the educational
sessions, presentations and the extensive exhibits. This was a very
interesting and beneficial conference with over 40 different
workshops in topics such as, records management, local government
productivity, elections, professional development, personnel
management, communications, supervising, to name a few.
I am currently serving my second year of a three year term on the
IIMC Board of Directors representing Region VI (Iowa, Minnesota and
Wisconsin). I have also been appointed to the IIMC Records
Management Committee.
The IIMC Mid-Year Board of Directors Meeting was held in October in
Montreal, Quebec, Canada. This was a very exciting meeting because
we hired a new Executive Director for the organization. Our
previous Director retired in May. The person chosen was John
Devine from the University of Wisconsin.
!IMC (INTERNATIONAL INSTITUTE OF MUNICIPAL CLifFS) REGION
I attended the Region VI Meeting in LaCrosse, Wisconsin because it
is central to the three states (Iowa, Wisconsin and Minnesota) in
our region. Marian Karr (Iowa City, Iowa) and myself conducted
this meeting as Region VI Directors for IIMC. This gives us a
chance to bring information we obtained at the IIMC Mid-Year Board
Meeting back to our fellow members.
Some of the other meetings attended were:
League of Minnesota Cities Legislative Conference.
League of Minnesota Cities Policies & Priorities Meeting.
League of Minnesota Cities Elections & Ethics Committee.
I have tried to highlight some of the activities in 1991. In
summation, the City Clerk's position encompasses many areas that
require time, effort and knowledge beyond that of a clerk in a
larger city with a full staff to do the elementary tasks. I find
the work very challenging and personally rewarding and I am happy
I can contribute to Mound and its citizens. I feel continuing
education, working on various committees with affiliated
organizations, receiving and sharing information with other cities
makes me more effective in my position and I want to thank the
Council for their support.
fc
MIHUTBSOF A MBETZMG OFT HE
MOUND ADVZBORY PARKA MD OPEN EPACE COIOfIBBIOM
PARK COMMISSIOM FACANCY
&) INTERVIEWS ROBERT KU~mm., 2621 SETTn CIRCLE
Robert moved to Mound in May and would like to get involved with
the community. Me admitted not knowing anything abeut Mound's park
system, but he is willing to learn. Me has & strong background in
recreation programs. He does have some environmental concerns. He
knows nothing of the dock program. His schedule may require that
he miss one meeting in the fall, otherwise he should be able to
attend all the scheduled meetings.
INTERVIEWS RALPH BAUERt ~774 HERON LANE
Ralph is new to Mound since 1990. He has seen the workings of the
Park Commission and believes he could be of use. He resides on
property abutting Crescent Park in the Three Points area. He
enjoys the open space of Crescent Park, his family has adopted the
park. He would like to see wild flowers planted in Crescent Park
and a bench would be nice. He is knowledgeable about wild flowers
and believes he could identify a fair amount of vegetation. He is
currently considering becoming a member of the arboretum. He is
familiar with the dock program, he had a dock last year and feels
it is a good program.
O) REVIEW PREVIOUS INTERVIBWSS MO MUELLER & LOIS ADAMS
Mo Mueller was present and informed the Commission that she would
like them to be aware that she will now be obtaining her appraisers
license and feels this experience would be a plus for the Park
Commission. She is still very interested in becoming a member of
the Park Commission.
Interview DisouseAon
Skoglund confirmed that Schmidt and Blscheid cannot vote since they
were not present for the previous interviews of Mo Mueller and Lois
Adams. In addition, Brian Asleson has not yet arrived so he missed
Ralph Bauer and Robert Kuehl's interviews, therefore, he is unable
to vote which leaves five me~bers to vote. It was determined that
five is a quorma, and therefore a vote will be valid. Casey
commented that none of the applicants were unqualified.
The Commission decided to vote on the applicants later in the
meeting.
pARK COMMIeS;ON FACANCY; VOTING FOR NEW COMMISSIONER
The Commissioners eligible to vote were: Andersen, Byrnes,
Skoglund, Ahrens, and Casey. It was determined that a closed
ballot method would be used. The first results were:
Ralph Bauer
Lois Adams
Robert Kuehl
Due to a tie, a re-vote was taken, those results were:
Ralph Bauer
LOis Adams
Ralph Bauer ia recommended for appointment to the Park Commission.
The City Council will make the final decision on February 25, 1992.
February 2, 1992
To whom it may concern:
! would like to apply for the opening on the Park and
Open Space Advisory Commission. ! recently moved to Mound
and have been very impressed with the community in general.
want to learn more about our community's plans for recreation
and open space management. ! have been involved in many
sports and activities in my present occupation as a teacher
and coach at Lester Prairie High School. ! am firmly committed
to the idea that we need to retain and encourage as many
outdoor opportunities as we can for ourselves and our children.
! would appreciate your consideration of my application.
! am willing to learn and look forward to working for my
community. Enclosed is my resume. ! hope to hear from you.
Thank you in advance,
Enclosure
Robert Kuehl
1981-1986
1979-1981
ROBERT A. KUEHL
2521 Setters Cirle
Mound, MN 55364
(612) 472-5194
Winona State University, Winona, MN.
B.S. Degree, 1986. Majors: Social Science and
Physical Education. Certificate: Coaching
South St. Paul High School, South St. Paul, MN.
WORK EXPERIENCE:
1986-Present
Summers 1989-1991
Summers 1988-1989,
1991
Springs 1985-1986
Fall and Spring
1983 and 1984
Lester Prairie Public School, Lester Prairie, MN.
Jr. and Sr. High Social Studies Teacher;
Elementary and Secondary Physical Education
Teacher. Varsity Volleyball and Baseball Coach;
Junior High Girls' Basketball Coach.
Director of Lester Prairie Little League
Association
Lester Prairie Summer Recreation Director.
Res0nsible for scheduling and supervising
recreational activities for over 100 youngsters,
ages 5-14.
Winona Cotter High School, Winona, MN. Varsity
Baseball Coach.
Coached and supervised boys' varsity baseball
team.
Winona Senior High School, Winona, MN.
Coached and supervised junior high boys'
football and baseball teams.
ORGANIZATION:
Nov. 1986-Present
1986-Present
1985-Present
1988-Present
Lester Praide Lions Club.
Offices held: Secretary (1987-1988).
Board of Directors (1990-1991)
Chairman: Adopt a Highway Program
Lester PrairieEducation Association.
Minnesota State Baseball Coaches Association.
Minnesota State High School Coaches
Association for Girls Sports.
SKILLS/ABILITE$:
Extensive experience working with children and
young adults, good communication skills,
experience in adapted physical education,
coaching, experience and involvement in
community activities.
EXTRACURRICULAR
LTJ E S:
College:
High School:
Orientation Team Leader and Chairperson;
Intramural Sports; SMEA;
Minnesota State Baseball Coaches Association;
7th Grade Football Coach at St. Charles, MN.
Football;
Basketball;
Baseball;
Adapted Swimming Instructor;
Intra-City Basketball and Baseball Coach;
Umpire.
Available at Winona State Placement Office,
Gildemeister Hall, Winona State University,
Winona0 MN. Others available upon request.
F~bruary 6, 1992
Office of the City Manager
City of Mound
5341Maywood Road
Mound, MN 55364
Dear Sirs,
I would like to apply for membership on the Park
and Open Space Advisory Position.
My wife and ! have been residents of Mound since
May, 1990. We have adopted Crescent Park through the
"Adopt a Green Space" program, and we both share a
commitment to community involvement.
My personal interests in gardening, landscaping
and ecology could be a benefit to the commission, and
my work experience in management is also relevant.
! am currently employed at Hendricks Pianos in
Minnetonka, and would be pleased to supply references
or further biographical information upon request.
Sincerely,
Ralph Bauer
1774 Heron Lane
Mound, MN 55364
home phone: 472-3143
RALPH BAUER
DISKLAVIER SI~ClALI~r
HENDRICKS PIANOS
13~4 WAYZATA ~.VD
MINNETONKA MN 55343
STORE (et2) ~3-9245
WA, REHOUSE (e~21
MXNUTF~OF A NEETXN~ OF THE
HOUND ADVIBORY PARKA ND OPEN SPACE COMMXSHXON
DECEMBER 12; 1991
Present were: Chair Brian Asleson, Commissioners Tom Casey, Cathy
.Bailey, Shirley Andersen, Lyndelle Skoglund, Marilyn Byrnes, and
Carolyn Schmidt (arrived late), Council Representative Andrea
Ahrens, City Manager Ed Shukle (arrived late), Parks Director Jim
Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James.
Joy Eischied was absent and excused.
INTERVIEWS FOR PARK CONN_!SSION FACANCY:
Councilmembers Phyllis Jessen and Liz Jensen were also present for
the interviews.
2)
1)
LOIB ADAMB, 6215 BAYRZDGE ROAD
Lois informed the Commission that she recently graduated from
the University of Minnesota in 1990 with a Major in
Photography. Her interest 1n parks and wildlife began when
she lived next door to a park in the City of Minnetonka and
she witnessed the evolution of the park, Ford Park, which
included bike paths, a playground, and a parking lot. These
improvements were made without disturbing the wildlife in the
area. She emphasized experience gained while employed at
Glenrose Floral where she cared for green house plants and
worked with floral designs. She is very knowledgeable of
native plants, trees and flower species.
She spoke about her involvement in the dredge at Halstead
Acres which she was chairman for the neighborhood association
and acted as liaison between the dredging company and the
neighborhood. She believes the dredge had a positive impact
on the plant and animal wildlife in that area as the purple
loostrife did not grow back.
She does not have any knowledge of the dock program or commons
property in Mound. She does not have an opinion of what
should be done at lost lake since she has not seen any of the
proposals. She likes Mound's relaxed way of life. She does
not have any political experience. The scheduled meetings on
Thursday do not create a conflict in her schedule.
MO MUELLER, 5910 RIDGEWOOD ROAD
Mo spoke of her 5 to 6 years of experience of being on the
Citizens for Loring Park Board when she resided next to Loring
Park. While living in Minneapolis she learned to appreciate
green space.
Park Commission Minutes
December 12, 1991
Page 2
Mo now sells real estate in the area and knows where all the
parks in Mound are located. She feels it is important for
people to give something back to the community where they
live, and she would like to give by sharing her knowledge and
insight with the Park Commission.
She is very familiar with the commons and the dock program and
believes there are many misconceptions by citizens about the
commons and she has an interest in learning more about the
commons and sharing this knowledge with the community and
other realtors.
Mo feels that green space is valuable, however, Mound needs to
utilize the parks they have better. She is aware that Mound
does not have much space left as it is mostly developed. Tax
forfeited properties which are proposed to be released for
sale need to be reviewed individually, it depends on the
density of the neighborhood and other factors if the parcel if
it should be retained for park.
When asked about the Lost Lake area, she would like to see
pavilion type structures with walkways, keeping the area as
wild and natural as possible and have access to the lake. It
should be a relaxing place.
She feels the commons dock program has a lot of people
confused. She suggested that a question/answer booklet be
assembled and available to the public. This booklet should
explain what commons is.
She does not believe there will be a conflict of interest as
a result of her and her husband's occupations and her
husband's involvement in the Planning Commission, and if there
is, she will refrain from voting on that issue.
After the applicants departed, the Park Commissioners discussed
their qualities. The Commissioner's were impressed with Mo's
knowledge of the commons and the park system, and they were
impressed with Lois' knowledge of native plants and flowers which
would be advantageous when evaluating potential nature conservation
areas. There was some discussion relating to the fact that Mo's
husband, Michael Mueller, is on the Planning Commission, and it was
viewed as a positive note when couples have a genuine interest in
the City.
Park eom~{ss~on Minutes
December 12, 1991
Page 3
Staff suggested that if the Commission cannot make a decision, that
they could advertise the opening again. Andersen agreed that since
there were only two applicants they should advertise the opening
again.
MOTION made by Anderson, seconded by Cassy to advertise
the Park Commission vacancy again and to bring back the
two applicant's heard this evening for a re-interview.
Asleson disagreed with re-advertising and emphasized that there are
two good applicants to chose from, and it is a bad time of year to
advertise because of the holidays.
Motion carried 4 to 3. Those in favor were: Anderson,
Skoqlund, Byrnes, and Ahrens. Those opposed were Bailey,
Casey and Asleson.
CouncilmemberAhrens was excused from the meeting and Commissioner
Schmidt and City Manager Ed Shukle arrived
Concern was expressed about inviting Mo and Lois back, would this
be polite? Is it necessary to invite them back to refresh the
minds of the Commissioners? Bailey commented that she will not be
present for the future interviews due to her resignation, and
Schmidt and Eischied were not present to hear Mo and Lois'
interviews, but will be present for the next interviews. Under
these circumstances, can an impartial decision be made? Schmidt
commented that she could abstain from any voting since she was not
present to hear the interviews. The City Manager believed it would
be discourteous to have Mo and Lois return for another interview.
Anderson moved to amend her motion deleting the
invitation to the applicants to return for an additional
interview. Byrnes seconded the amendment. Motion
carried $ to 2. Those in favor wers: Andersen, Byrnes,
Bailey, &sleson, and Casey. Schmidt and Bailey opposed.
DEC 5 I. 91
December 6, 1991
Mr. Ed Shukle
Office of City Manager
Mound City Hall
Mound, Minnesota 55364
Dear Mr. Shukle,
I would like to inquire about the position of
Park Commissioner to the Mound Park and Open Space
Advisory Commission. I am interested in saving the
City's 'green space' for the use of all the citizens
of Mound.
I realize that I have a lot to learn about the
issues that face the Commission, but I also have
a lot that I can bring to the conference table in
the way of experience. With three children, two
step children, and ten grandchildren I have an in-
sight as to what children need for safe recreation.
My years of working with green plants, both
at my job with Glenrose Floral and my own garden-
ing at home, have made me aware of how ~recious
our native plants are to the environment.
The degrees I have in Commercial Art and the
Fine Arts give me a sense of what is 'good' design,
what adds to the neighborhood, what brings ~ro-~erty
values 'up'.
I'd like the opportunity to come in and talk
to you and your committee to see if working on the
Mound Park and Open Space Advisory Commission
is advantageous to the City of Mound.
ely,
Lois Adams
6215 Bayridge Road
Mound, Minnesota 55364
612-472-7388
Lois Jean Adams
6215 Bayridge Road
Mound, Minnesota 55364
Education: 1984-1990 University of Minnesota College of Liberal Arts
Degree BFA, Major Photography
1981-1984 North Hennepin Community College, Brooklyn Center
Degree AAS, with honors
1981 , Normandale Community College, Bloomington
Profic ienc les:
Graphic design training
Floral design training
Photography
Fine Arts
_Work Experience:
1989-1990 Self employed, clothing design
1980-1981 Edina Media Department - Coordinator Doug Hed
Media Department Film Library
1974-1976 Glenrose Floral - Jeff Kakach(owner)
Care of green house plants, floral design
1968-1973 Honeywell Special Weapons, Supervisor Harold
Marcotte - duties; Secretary
Interests: Travel, gardening
References: Nory Mcnelis, Bayridge Road, Mound
Clubs:
472-7378
Arlys Gribovsky, Bayridge Road, Mouns 472 8019
Janice and Dick Krahn, 3021 Westedge Blvd., Mound
472-2435
Carla and Dennis Michaud, 6260 Deerwood, Mound , 472-1304
William and Judith Niccum, 2895 Westedge Blvd, 472-3457
V.F.W. Auxilary of Mound, American Legion Auxilary, Portland Av.
Secretary/Treasure Halstead Acres 2nd. Addition Homeowners Assn.
(Purpose was to dredge the existing channel) 1990-1991
North Henn. Comm. College Alumni Assn.
National Society of Tole and Decorative Painters, Inc.
Flying Colors Watercolor Assn.
5910 Rid~ewood Road
Mound, MN 55364
10 December 1991
The City of Mound
5341 Maywood Road
Mound, MN 55364
To Whom It May Concern:
RE: Parks & Open Space Commission Vacancy
I would like to submit myself as a candidate for the position which
is currently available on the Park Commission for the City of Mound.
For the past ten years I have lived in the Twin Cities area and in
1985 I moved to Mound. My husband and I work together as Realtors selling
primarily the Westonka area.
My interest in being part of the Park Commission is twofold. I have
worked on a volunteer citizen's board when I lived downtown and have been
looking for an opportunity to serve the community in which I live. Over the
past ten years as a Realtor, I have repeatedly encountered questions and
misconceptions about the Commons Lakeshore program in Mound. My goal is to
become more knowledgeable about the Commons program to be able to better
understand its intracacies and to relay this information on to homeowners
(both current and potential).
My other concern is the'importance of open green sp~ces. When I lived
downtown I was active on the Loring Park Commitee. Loring Park is one of only
a very few green sp~ces in the immediate downtown area. What this involvement
showed me was the importance of maintaining a healthy park system for the
public to use.
I understand that the Parks &Open Sp~ce Commission meets once a month
on Thursday evenings. Since I sm self-employed, my flexible schedule will
allow me to be available for meetings. I look forward to meeting with you this
Thursday to answer any questions you may have of me.
Ramona 'Mo" Mueller ~
I~ONA
5910 Ridge~,~d Road
Mound, PIN 55364
472-5302
P~JELLER
EDUCATION:
Winona State University, A.A., Secretarial Science; 1975
Winona State University, B.8., Office Administration & Management;
1976
Current: RF~TOR with RE/MAXA-1Kxcellence in Navarre. Actively selling
residential real estate in the Lake Minnetonka area since 1983 with
emphasis on the Westonka area. Have achieved the Certified Real Estate
Appraisor's (CREA) certification and am a graduate of the Realtors
Institute (G.R.I.).
Prior:
University of Wisconsin-Stout, Menomonie, WI, Administrative Assistant--
University Telephone Services Coordinator/Fleet Vehicle Coordinator:
- supervised staff of 6 office personnel
- prepared and supervised budget of approximately $5 million
- meted as liaison between department supervisors and telephone
company to coordinate equipment requests
- coordinated purchasing, maintenance, and billing of 18 vehicle
department for university staff use
Hyatt Regency Hotel, Minneapolis, Catering M~unager:
- generated over $400,000 in catered sales events per month
- arranged for and coordinated over 300 catered events per month
- supervised events for groups as large as 1,100 guests
Thompson & Co., a publishing house in Minneapolis, Assistant to Editor:
- coordinatedprojects to meet deadlines including proofing text,
keylining artwork, coordinating' temporary staff
- project coordinator of procedural manuals (step-by-step manuals
detailing every phase of job procedures)
Meadowbrook Publishing, Minnetonka, Office Coordinator:
- assisted President of company with hiring & project assignemnts
- hired to oversee move of national publishing company (a subeidiary
of Simon & Schuster) to a new location
- reorganized book mail order division
First Computer Group, Inc., Plymouth, Computer Troubleshooter/Trainer:
- provided technical support for PC users (on-line assistance to
answer questions from users)
- conducted classes for beginner, intermediate, and sophisticated
computer users to help them best implement their computers
- developed computerized tax program geared for self-employed users
- conducted on-site seminars for companies implementing new computers
listing through sale through closing.
MXHUTF,8OF A HBBTXNG OF TIIB
HOUND ADVXaORY PARKA,ND OPEN 8PACB COH](XSBXON
FBBRUXRY X3; X9~2
X992 AGREEHElqT8 WITH COIOfUNXT¥ SERVICES - ~ARK8 pROGRAH AND BEXCR
~OGRAN ! LIFEGUARD 8BRVICBB
Jim Glasoe, Recreation Coordinator for Westonka Community Services
handed out and reviewed a summary of changes made for the 1992
Lifeguard Services and Parks Program Agreements.
MOTION made by Byrnes, seconded by Casey to approve tho
1992 Bummer Parks Program&groemont and 1992 Summer Beach
Program Xgroement al submitted. Motion carried
unanimously.
These agreements will be reviewed by the City Council on February
25, 1992.
CITY OF MOUND
CITY PARKS AND LIFEGUARD SER VICES 1992
SUMMARY OF CHANGES
LIFEGUARD SERVICES
· Expansion in hours of service at Centerview Beach
expanded from 3 hours of coverage per day to 8.
gF. xtended Coverage from 49 days to 60 days.
Down size coverage of neighborhood beaches from
5 in 1991 to 3 in 1992. (Canary, Chester)
· Small decrease in Lifeguard Supervisor hours
· Decrease in inservice hours (25).
· Increase in Community Education supervision cost to
more accurately reflect time spent.
· Small reduction in mileage for supervision.
· Small increase in equipment budget.
PARKS PROGRAM
· Change in Park locations, Community Center in place of Belmont,
Mound Bay park in place of Highlands pork.
· Decrease Park Supervision hours (30).
· Addition of Tuesdayfrhursday evening hours.
· Deletion of the Day Camp Program.
· Increase in transportation budget to reflect actual cost.
· Small increases in equipment and supply budgets.
H~NUTES OF A HEET~NO OF THE
HOUND ADVISORY PARK AND OPEN SPACE COHHISSION
AUGUST 8, 1991
BECAP OF lqql BEACH PROGRAH AND PARE PROGRAH
Glaaoe reviewed the 1991 Parks Program attendance records. At-
tendance at Tyrone Park was up this year. The roving park's at-
tendance was low, and therefore, Glasoe suggested discontinuing
programs at these parks. The ages of children attending the
parks program are about K-6, the speclal events are attended by 9
to 11 year olds, and the YHCA program is attended by 12 to lq
year olds.
The attendance records for the Beaches was reviewed. Hound Bay
and Centerview were very high, Pembroke had moderate participa-
tion, and Wychwood's attendance was low to moderate. Three
Points and Chester were extremely low, and Olasoe suggested that
the Commission consider removing a guard from these two beaches
and allocating their time to the busier beaches, and possibly ex-
tend the hours of supervision.
Faekler was concerned about the Liability of having municipal
beaches and not providing lifeguard services, he will check into
this. Scheduling was discussed. Elscheid commented that she
would like to discuss scheduling with the lifeguards to receive
their input and suggestions. The Commission discussed publishing
the lifeguard's hours in the City's June Newsletter.
The beaches and parks program 1992 budget was reviewed. Fackler
commented that the figures presented were consistent with the
proposed budget.
Olasoe suggested expanding the parks program to be geared towards
older children by offering an evening program, possibly Tuesday
and Thursday evenings from 7:00 to 9:30 p.m. and an afternoon
program possibly from 1:O0 to q:O0 (3 hours per day at 5 days per
week = 15 hours per week for two staff people).
The pros and cons of a parks program was reviewed. Is it just a
baby-sitting service? Bailey and Fackler agreed that having su-
pervision in the parks deters vandalism and makes parks safe. It
was suggested that parents and residents be made aware that there
is staffing in specific parks.
A Sub-committee was formed to discuss the scheduling of the
lifeguards and to discuss the different options for the parks
program. This subcommittee includes Eischeid, Byrnes, Glasoe and
Fackler.
AG~
BETWEEN:
City of Mound
Westonka Community Education and Services
EFFECTIVE DATE:
January 1, 1992 or when officially accepted by each party
of this agreement.
An agreement to provide Parks Program services from the Community Education and
Services Department, District No. 277, to the City of Mound. The intent of this is to
clarify, in writing, all activities involved in the cost_of .s~rvic~s..for whieh.,~et~ty is
billed and the Community Education and Services Department ~s responsm e
provide.
The attached information is categorized as:
A. Parks Programs by Park Locations
B. Scheduled Hours and Dates of Services
C. Training Program Description
D. Supervision Scheme
E. Salary Schedule, Philosophy
F. Summary
G. Cost of Service for 1992, estimated
A. PARK PROGRAMS BY LOCATION The following parks are provided services
as described:
1. Community Center
2. Swenson (Island) Park
3. Three Points Park
4. Mound Bay Park
5. Clover Circle Park
B. SCHF_J)ULED HOURS AND DATES OF SERVICES: These parks are served
June 15 or the first monday following and will nm for six (6) weeks with no programs
the week of July 4th of each year. Jim Glasoe monitors the usage due to weather and
established exact opening/closing dates. Hours for these parks are 9:00 a.m. - Noon,
Monday through Friday, 6:30 -8:30 p.m. Tuesday and Thursday eve.nings... .
Additionally, there is some additional time for swimming at neighbornooo t~.acnes.
This usually happens only one to two times per week for the duration of the program.
C. TRAINING PROGRAM DESCRIPTION:
It is common knowledge that the quality of a program depends greatly on the people
who are running it. It is with this in mind that and inservice and training concept has
been developed to insure that our parks program staff will be well prepared and able to
deliver a high quality program.
Preseason Training: As a condition of e .mployment, all Playground Leaders and
program aides will lake part in an annual mservice and training program that will be
developed by the coordinator.
Additionally, all staff will be required to attend weekly inservices on specific topics
related to the program.
The 1992 Training Concept will emphasize:
1. 1991 Program Review, "Its successes and failures"
2. First Aid Review "Policies and Procedures"
3. Participation Improvement
4. Innovative Program Ideas "Brainstorming"
5. Program Planning (weekly)
D. PARK SUPERVISION SCHEME
The people listed below compromise the active supervision of the parks program.
While primary duties are in the hands of the Parks Supervisor, it is important that
others involved in park activities also be recognized as having supervisory authority.
MIKE LOOBY, Director of Community Education and Services Occasional park
monitoring, at Mound Bay Park. Response to citizens concerns.
JIM GLASOE, Recreation Coordinator, Assists with the day to day coordination from
the Community Education and Services office. Occasion~ park monitoring.
~h~A~eS.UP~I~. VIS. OR, Is employed to ~ personnel, develop training programs,
start, nanme payroll, coordinate efforts with other city staff and direct the day
to day program. He/She has the primary responsibility to supervise the parks staff.
JIM FACKLER, Parks Director, When working at the listed parks, observes the
actions of the staff and become involved if the activities do not meet acceptable
standards.
THE CITIZENS, Perform a volunteer duty by reporting undesirable actions they
observe in the parks. We may recruit citizens to observe and report actions.
E. SALARY SCHI~ULE AND PHILOSOPHY
Some years ago surfaced the concern of the number of employee's we were training
and then subsequently hired at a higher rate by other area agencies and businesses. It
became clear that the more training and experience the individual had, the more
valuable they became. From that evolved a salary schedule that reflected this concept.
Each year during which an employee works 100 hours, they are raised one salary step.
Additionally, our base salary schedule was raised to a level that was on par with our
competing agencies. We pay them well and they are worth it. We expect them to
perform accordingly or we replace them.
Below is the salary schedule issued in the Administrative Regulation #4231, dated
6/1/91 for July ! - June 30, 1992 fiscal year.
PLAYGROUND ASSISTANT $4.00 4.25 4.50 4.50 4.75
PLAYGROUD LEADER
$5.00 5.50 6.00 6.50 7.00
PROGRAM COORD.
$8.00 8.50 9.00 9.50 10.00
roa, mu , cE FOR I Cmm mC .ASE
To qualify for an increment increase, an em_ploy~ must .be able to, d .ocum.,ent a_t_.l.ea___s.t_,_
100 hours of employment in one or more of the aoove camgones ourmg me pas[
month period, from July 1st of each year.
EMPLOYMENT REQUIREMENTS AND EVALUATION
All employees must ~ at least 15 ~year_s.of ~e and,h~ave .completed .all of. the
employment steps of the Commumty ~xlucauon aha ~erwce~s_ L~-pa~.. m.e. nt.
Additionally, All Playground Leaders and Assistants will take part m me annum
inservice held in early June.
SUMMARY: As our Park Prog.ra~n. contin.u, es to grow, w.e.m,u.st .m .a~.e. every.e, ffort ~o
assure that our residents are receiving a quality program wmc.n ~s _rio .m m~...ov.a,u, ve an
educational and above all, FUN for the youth of our com.mu?ty. It is. w}.m, .m~.s. ,~
concept in mind that this agreement was written. All_ of ,the .,a,t~ove. .mate .nat, ~s ~n~noeo
to show that we are attempting to achieve these goals,ano wm conunue to oo so xor
many years to come.
COST ESTIMATE FOR 1991
PARKS PROGRAM SUPERVISOR
30Hrs/wk X 7 Wits X $9.00/Hr
Including Benefits
PARK COORDINATORS
20 Hrs/wk X 6 Wks X $5.00/Hr X 5 Parks
Including Benefits
PARK ASSISTANTS
20 I-Irs/wk X 6 Wits X $4.50/Hr X 5 Parks
Including Benefits
COMMUNITY SERVICES OFFICE STAFF
(Jim Glasoe as well as Secretaraial time)
EQUIPMENT: (Softball,Parachutes,Games, Coolers etc)
SUPPLIES: (Paints,Paper, Craft Supplies,Snacks)
TRANSPORTATION: (50 Hrs.@10.00 + 250.00 milage
MISCELLANEOUS:
TOTAL
Special Event Days 100 Kids X .50Ea X 6 Days
TOTAL REVENUE
CITY OF MOUND SUBSIDY NEEDED
Net Increase Over 1990 Figures = 3 %
= $2,174.00
= $3,450.00
= $3,105.00
= $1,500.00
=$ 500.00
=$ 500.00
= $1,000.00
= $ 100.00
=$12,329.00
=$ 300.00
=$ 300.00
=$12,104.00
PROPOSED
PROG DESIGN
The following is intended as a working draft of program design and
structure for the 1992, City of Mound, Summer Parks Program. As a
draft, it is open for comment and revision.
As you will note, the proposed structure looks very similar to the
successful program we enjoyed in 1991. The exception being, the
reallocation of current funding to establish two significant program
additions.
For the last two years, we have been receiving requests for a program
component that is more focused towards the middle school or high school
individual. In response to those requests, we have added afternoon and
evening programs which will be specifically designed to reach those age
levels.
In order to provide these additional programs, it was necessary make some
changes to the current structure. As you will note, under the proposed
plan the Day Camp component along with the "roving" parks staff has
been eliminated.
Thewoulca~eCd amp was targeted because of the duplication of services that
created by the afternoon program. It along with the morning
program provides an "all day" option
for those children wishing to participate.
The ~roving" parks staff was included in the cut by virtue of the small
numbers of children that were participating. This does not automatically
eliminate these parks from providing some programming as I have not
attempted to identify the 5 "sites" we will be providing the morning
program for in the summer of 1992. My hope is the Parks Commission
will become actively involved in the determination of these sites.
I am excited by the potential of the proposed program, I feel it represents a
more well rounded Parks Program package, one that makes the best use of
every tax dollar committed to it. I look forward to your comments and
additions!
COST ESTIMATE MOUND PARKS PROGRAM 1992
LABOR
PARKS PROGRAH SUPERVISOR
30 ItRS/WK X 9 WKS X $9.00/HR
INCLUDING BENEFITS
= $2,675.00
PARK COORDINATORS
18 HRS/WK X 6 WKS X $4.50/HR X 5 PARKS
INCLUDING BENEFITS
= $2,675.00
PARK ABBIBTANT8
18 HRS/WK X 6 WKS X $4.25/HR X 5 PARKS
INCLUDING BENEFITS
= $2,575.00
MOUND BAY ~FTERNOON STAFF
15 HRS/WK X 8 WKS. X $5.00/HR X i STAFF
INCLUDING BENEFITS
E~ENING PROGRAM STAFF
5 HRS/WK X 8 WKS. X $6.00/HR. X 2 STAFF
*Benefits included in the above figures
calculated at 10%
= $ 660.00
= $ 530.00
COMMUNITY EDUCATION & BERVICEB STAFF TIME
= $1,500.00
EQUIPMENT (Softball,Parachutes,Games,Coolers etc) $
SUPPLIES (Paints,Paper,Craft Supplies,Snacks) = $
TRANSPORTATION (40 Hrs.@10.00 + 300.00 milage = $
MISCELLANEOUS = $
400.00
400.00
700.00
50.00
TOTAL
=$12,165.00
NET INCREASE OVER 1991 FIGURES = 3.5%
PARK ATTENDANCE 1991
WEEK MON TUES WED THURS
6/17-21 136 128 105 107 476
6/24-28 133 125 128 114 500
7/8-12 80 51 112 99 342
7/15-19 94 140 71 97 402
7/22-26 106 127 90 114 437
7/28-8/2 146 163 98 67 474
TOTAL 695 734 604 598 2631
TOTAL
WEEKLY AVERAGES
Week 1 119
Week 2 125
Week 3 85.5
Week 4 100.5
Week 5 109.25
Week 6 118.5
SPECIAL EVENTS 355 KIDS @ 4 EVENTS = 88.75 KIDS/EVENT
RECREATIONAL TRIPS 206 KIDS = 34.3 KIDS/TRIP
YMCA PROGRAM 690 KIDS PARTICIPATED
TOTAL PARTICIPANTS 3882
AGREEMENT
BETWEEN:
City of Mound
Westonka Community Education & Services
EFFECTIVE DATE: January 1, 1992 or when formally accepted by each party of the
agreement
An agreement to provide lifeguard services from the Community Education and
Services Department, District No. 277 for the City of Mound. The intent of this
agreement is to clarify, in writing, all activities comprising the cost of services for
which the City is billed and the Community Education & Services Department is
responsible to provide.
The attached information is categorized as follows;
A. Lifeguard Service Scheduled by Beach Location
B. Scheduled Hours and Dates of Lifeguard Services
C. Training Program ~riptions
D. Supervision Scheme
E. Salary Schedule and Philosophy
F. Summary
G. Cost of Services Estimate for 1992
AJB. LIFEGUARD BEACH SCHEDULE, CITY OF MOUND
The following beaches are provided lifeguard services as described:
1.MOUND BAY PARK 80 days between Memorial Day and Labor Day
and all exact schedules will be developed by Jim Glasoe and Jim Fackler
The guards are on duty 11:00 a.m. - 7:00 p.m.
2.CENTERVIEW BEACH 60 days between Memorial Day and Labor Day
and all exact schedules will be developed by Jim Glasoe and Jim Fackler
The guards are on duty 12:00 p.m. - 5:00 p.m.
Neighborhood Beaches
3.WYTCHWOOD BEACH
4.PEMBROOK BEACH
These two beaches are served June 15 to July 31 (or to the nearest weekend
day). Jim Glasoe monitors the usage due to weather and establishes exact
opening/closing dates. Hours on these beaches are 1-4p.m., seven (7) days per
week.
Additionally, there is some additional guard time (in 30-minute increments) for
Parks Program usage at neighborhood beaches. This usually happens only three
(3) days per week for six (6) weeks.
C. LIFEGUARD TRAINING CONCEPT - The hiring of a person that has acquired
a life.guard training certificate through Red Cross programs can be dangerous without
ongoing training. What happens is that they do not train in the winter, and therefore,
are not conditioned to perform in an emergency. Further, the test for a lifesaving
certificate is knowledge and skill attainment. In the water, under emergency
conditions, can be critical if water training does not occur each summer.
Lifeguards will complete testing in the water and written testing, to qualify for
eml?loy, ment. This testing is to determine areas of needed improvement and serve as an
evaluation of the staff for purposes of designing training sessions. Training has been at
the pool and early mornings at the beach. The guards must have the courage to enter
the water under all climatic conditions including cold temperatures. The corps of
guards ail participate in an annual review of first aid, and are recertified in C.P.R. In
addition to.the, summer inservice that is part of this agreement, there is ongoing training
for high SChOOl-age guards during the wrater months. By re-hiring college-age guards
d~ring summer,, we re..t.t.~ experienced people and provide employment for the families
o our commumty sending children to college. This arrangement serves the families
and the city.
The 1992 Training Concept will emphasize:
1."Take Charge" at the beaches, responsible attitude and actions
2.First Aid Review - Policies/Procedures
3.Lifeguarding ~lls review, update on newest techniques
4.Use of emergency two-way radios at selected beaches
D. LIFEGUARD SUPERVISION SCI:IF~ME
The people listed below comprise the active supervision of lifeguards on the beaches.
While primary supervision duties are in the hands of Tami Stahlke, Lifeguard
Supervisor, it is important that city department heads involved in park activities also be
recognized as having supervisory authority.
MIKE LOOBY, Director --Ocx~ional beach monitoring, especially at Mound Bay
Park. Participation in inservice. Response to citizen concerns.
JIM GLASOE, Recreation Coordinator --Assists with the day to day coordination from
the Community Education and Services office. Occasional beach monitoring.
TAMI STAHLKE, Lifeguard Supervisor -Is employed to hire personnel, develop
training programs, lifeguard testing, shift scheduling, payroll, coordination with city
staff, equipment maintenance, and supervision. She has as the primary responsibility
to supervise the beach staff.
JIM FACKLER, Parks Director --When working at the listed beaches observes the
actions of the guards and admonishes, directs, or otherwise becomes involved if the
activities do not meet acceptable standards.
THE CITIZENS -Perform a volunteer duty by reporting undesirable actions they
observe on the beaches. Their input is invaluable to beach supervisions. We may
recruit neighborhood citizens to observe and report inappropriate actions. They would
remain anonymous to the guards. This would be an expansion of the neighborhood
involvement as phone locations in the event of emergency. The guards have the name
of the house they may go to use the telephone in emergency. Neighborhood
cooperation has been excellent.
E. SALARY SCHEDULE PHILOSOPHY--Some years ago surfaced the concern of
the number of guards we were training and then subsequently hired at a higher rate by
other area agencies, i.e. Hennepin County, Lafayette Club, etc. It became clear that
the more training and experience the individual had the more valuable they became.
From that evolved a salary schedule that reflected this concept. Each year during
which a guard works 100 hours, they raise a salary step. We pay them well. We
expect them to perform accordingly or we replace them.
Below is the salary schedule issued in Administration Regulation h4231, dated 6/1/91
for the July 1-June 30, 1992 fiscal year.
CERTIFIED LIFEGUARD 5.00 - 7.00 Per Hour
EXPERIENCE FOR INCRElVlENT INCREASE-To qualify for an increment, an
employee must be able to document at least 100 hours of employment in one or more
of the water activity classifications during the past 12 month period from June 1 of each
year.
New employees may be awarded experience credit by the Community Education &
Services Supervisor for similar documented employment in other credible
organizations.
EMPLOYMEN~ REQUIREMENTS AND EVALUATION
Lifeguard 1. Must hold a current Certified Lifeguard Training Certificate.
2. A 16 year old must have or obtain a C.P.R. card within 90 days after hiring.
3. A performance review will be made 30 days after hiring.
4. In and out of water screening will be made at supervisor's discretion.
F. SUMMARY--As our community has grown in numbers of residents using the
beaches, and the number of non-residents frequenting our public parks during the
summer months, the attitude of accident prevention (responsibility) has grown in the
minds of city staff, citizens, parents, and city council members. In essence, we are
prodding for the welfare of our citizens by providing safe beaches. Any death by
drowning casts a pall over the lake felt by swimmers and boaters alike. We have not
had to report a drowning. Death or serious injury has been prevented from marring the
lives of our citizens by vigorously supplying preventive measures through the
employment, training and supervision ora lifeguard staff.
G. CO~T ESTIMATE FOR 1992
Community Education Staff Time
XrisUa~d Supervis°r
5 Days X 4 Hrs @ $10.00/Hr
Surfside Beach 1280 Hrs.@ $6.50/Hr
(70 days x 8 hrs x 2 guards)
Centerview Beach 480 Hrs @ $6.00/Hr
(60 days x 8 hfs x 1 guard)
Five Small Beaches 480 Hrs. @ $5.50/Hr
(7 weeks x 3 beaches x 3.25 hfs/day)
Inservice:
125 Hrs. @ $6.00/Hr
*Benefits included in the above figures calculated at 15 %
MILAGE (ROVING GUARD AND SUPERVISION):
500 MILES @ .26/MI
TOTAL
= $1,500.00
= $1,610.00
= $8,372.00
= $3,312.00
= $3,036.00
=$ 862.00
= $ 130.00
= $ 5OO.OO
= $19,322.00
PROPOSED
PROGRAM DESIGN
The following is intended as a working draft of program design and
structure for the 1992, City of Mound, Summer Beaches Program. As a
draft, it is open for comment and revision.
As you will note, the proposed structure looks very similar to the
successful program we enjoyed in 1991. The exception being, the
reallocation of current staffing.
For the last two years, we have been monitoring the numbers of people
attending each of the area beaches. As a result, we have noted a
significant increase in the attendance at Centerview beach and the declining
use at some of the smaller beaches. In response to these attendance
figures, this program proposal redistributes the current staff hours to more
closely match the actual use.
Changes you will notice include the increase of staff coverage at
Centerview beach, along with the elimination of services for two of the
small beaches. Again, as with the Parks Program, this does not
automatically eliminate any beach from lifeguard service as I have not
attempted to identify the 3 "sites~ we will be providing lifeguard services
for in the summer of 1992. My hope is the Parks Commission will
become actively involved in the determination of these sites.
I am excited by the potential of the proposed program, I feel it represents a
more appropriate use of current staff allocations. I look forward to your
comments and additions!
COST ESTIMATES CITY BEACHES 1992
LABOR
LIFEGUARD SUPERVISOR 175 HRS. @ $10.50/HR
(7 weeks X 5 days X 5 hfs/day)
SURFSIDE BEACH 1280 HRS.@ $6.50/HR
(78 days x 8 hrs x 2 guards)
CENTERVIEW BEACH 392 HRS. @ $6.00/HR
(7 weeks x 4 hrs x 2 guards)
THREE SMALL BEACHES 478 HRS. @ $6.00/HR
(7 weeks x 3 beaches x 3.25 hfs/day)
INSERVICE:
125 HRS. @ $6.50/HR
*Benefits included in the above figures
calculated at 10%
COMMUNITY EDUCATION & SERVICES STAFF TIME
MILAGE (ROVING GUARD AND SUPERVISION)
400 MILES @ .26/MI
EQUIPMENT:
= $2,022.00
= $8,924.00
= $2,587.00
$3,155.00
= $ 894.00
= $1,500.00
: $ lO4.OO
: $ 250.00
TOTAL
= $19,436.00
NET INCREASE OVER 1991 FIGURES = 5%
BEACH PARTICIPATION
SISMMER 1991
BEACH
Mound Bay
Centerview
Pembrook
Wytchwood
Three Points
Chester
AVERAGE ATTENDANCE/DAY
85+
60+
25.5
13
3
2
CITY of MOUND
5341 MAYWOOD ROAD
MOUND. MINNESOTA 55364-!687
t612~ 472-1155
FAX (6'i2} 472-0620
February 14, 1992
TO:
FROM:
RE:
Mayor
City Council
city Manager
Fran Clark, City Clerk
Encroachment on City Land
The property located at 3068 Brighton Blvd. has an encroachment on
City land. It has been this way since at least 1971. Back in 1987
the person owning the property at that time came to the City and
asked if he could purchase part of the City's land so the
encroachment would be removed. The Council adopted Resolution 87-
73 at that time but the purchaser could never come up with the $400
to finalize the sale.
I have been contacted by the Department of Veterans Affairs who now
owns the property and they would like to purchase the part that was
going to be sold in 1987 for $400 and combine it with their
property.
I am enclosing all the background material that was put together in
1987 for the original sale. The City Engineer and myself would
recommend approval of the sale of the property to the Department of
Veterans Affairs.
printed on recycled paper
February 11, 1992
DEPARTMENT OF VETERANS AFFAIRS
Regional Office and Insurance Center
Bishop Henry Whipple Federal Building
Fort Shelling
St. Paul MN 55111
City of Hound
Attn: Fran Clark
5341May~ood Rd.
Mound, ~ 55364
In Reply Refer To:
35-2-0390072
335/263
Property Address:
3068 Brighton Blvd
Mound, ~N
Ladies/Gentlemen:
The Department of Veterans Affairs has acquired the above mentioned
property through expiration of redemption period effective November 2,
1991.
After checking with the City of Mound, we find this property has encroached
on city land since at least 1971. We find there was a Resolution No. 8?-?3
which would provide the sale of the portion of the land the property sits
on to the previous owner for $400. For some reason the sale never went
through.
VA would like to purchase the same portion of laud for $400. This would
allow VA to sell this property without the ongoing encroachment problem.
Thank you for your consideration on this matter. If you have any questions
or any problems, please give me a call.
Sincerely,
DAVID PRITCHARD
Realty Specialist
612-725-329z~
263/042 8988f DP/drip
DEPARTMENT OF
VETERANS AFFAIRS
DAVID PRITCHARD
LOAN ,~n~GIAI. J~T
(612) 725-3~1,6
Fede~ Bk~g. Ft. ~
St. Paul, MN 55111
RESOLUTION NO. 87-73
RESOLUTION AUTHORIZING THE HAYOR AND CITY MANAGER
TO EXECUTE A OUIT CLAIM DEED TO SELL CITY PROPERTY
WHEREAS, the City of Mound owns the southwest 1/2 of Lot
16, Block lq, Arden; and
WHEREAS, Tuxedo Blvd. is completed in front of the lot
and no right-of-way for that street was required on the City
owned property; and
WHEREAS, Brighton Blvd is a State Aid road and if any
anytime in the future-this street was improved with State Aid
money, the State will require that the City have a 60 foot right-
of-way; and
WHEREAS% the City Engineer has no objection to selling
all of the City owned part of Lot 16 except any of it located
within 30 feet of the present Brighton Blvd. right-of-way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mound, Minnesota, does hereby authorize the Mayor and
City Manager to execute a Quit Claim Deed to Andrew Scott and
Elizabeth Ann Cummings, for SqO0.O0, selling the following
described City property:
'That part of Lot ,16, Block lq, Arden, according to the
recorded plat thereof, Hennepin County, Minnesota, lying
easterly of the west 30.00 feet of said Lot 16 and southerly
of the following described line:
Beginning at the northwest corner of said Lot 16; thence
in a southeasterly direction to the southeast corner of
said Lot 16 and said line there terminating."
The foregoing resolution was moved by Councilmember
Johnson and seconded by Councilmember Abel.
The following Councilmembers voted in the.affirmative:
Abel, Jensen, Jessen, Johnson and Smith.
The following Councllmembers voted in the negative:
none.
Mayor
Attest: City Clerk
That 'part of LO. t".l$,· ~u Block.il/, Of,&rden~. deecr~l~d
]l°~tm~a~';oo~ of said ]~t.~ throe
.cor~er of ~,~J~'/~tl th~n. ce llorth along .the Za~t ltue of eahl,.lot
Corner'.o~e~t~d'~ lotl .thence ilest along .the ]~orth 1/ne of
Heanep~u ~Coun%y ..... · ' ' "~-
.'*.;. , ." .~.;. -,.' .., ~.~: -. ......--~ .,. .... ....;, ..... .. ~
.- ......... ,.~-*.~. - · I ,.~:- ':. · ~, ..~... :. ~ ....
.:.; '.~'.' - :;-4:~'.-'.- ~/ ~ .' -": "'::"i-:'-.:... ....
"°;'""' ' * i "-~ ~-"'.
.: .'.:... .. '..,:. ,'.. -..&
"~ .... ':.i::'"' *' ' ' ' '"'
- .:~' .,~.
McCOMBS-KNUTSON
ASSOCIATES INC.
12800 Industrial Park Blvd.
PLYMOUTH, MN 55441
(612) 559-3700
ATTENTION
WE ARE SENDING YOU }i~/Attached [] Under separate cover via
[] Shop drawings l-J Prints 1'9 Plans
[] Copy of letter [] Change order [].
[] Samples
the following items:
[] Specifications
coPIES DATE NO. DESCRIPTION
THESE ARE TRANSMITrED as checked below:
I-] For approval
[] For your use
)~As requested
[] For review and comment
E] FOR BIDS OUE
E] Approved as submitted
[] Approved as noted
[] Returned for corrections
[]
19,
[] Resubmit
[] Submit
[3 Retum~
copies for approval
copies for distribution
.corrected prints
[] PRINTS RETURNED AFTER LOAN TO US
REMARKS
E4~JAL OPPORTUN/~ EMPLOYERS
COPY TO.
McCOMBS-KNUTSON ASSOCIATES, INC.
CONSULTING ENGINEERS · LAND SURVEYORS ! PLANNERS
PROPOSED DESCRIPTIOI
FOR
MOUND
Reply To:
12800 Industrial Park Boulevard
Plymouth. Minnesota 55441
(612) 559-3700
That part of Lot 16, Block 14, Arden, according to the ~ecorded plat thereof,
Hennepin County, Minnesota, lying eas~..the west ~0.00 feet of said Lot
16 and southeriy of the following described line:
Beginning at the northwest corner of said Lot 16; thence in a southeasterly
direction to the southeast corner of said Lot 16 and said line there
terminating.
~2113
2/12/87
'
2~
7
9
C)
arsh/
27
~51
~50
13
.14
16
· " Z~tl. 70£e~. ~ 'To ~so,_.~ c---
*.o,.. %..,e
/
2:O
19
17,
BILLS FEBRUARY 25, 1992
BATCH 2022
$64,593.54
TOTAL BILLS
$64,593.54
WPLUM 1EL: 558-2625 FeD 24,92 lb:ii No.OOl ?.02
STATE OF MINNESOTA
COUNTY OF HENNEPIN
· DISTRICT COURT
City of Hound, a .
municipal corporation,
piaintiff,
vs.
CONCLUSIONS OY I~, J%ND
ORDBR FOR ~UDC, MENT
Melvin Zuckman, Clarice
Zuckman, and Elaine Bergstrom,
Defendants.
The above-entitled matter came on for trial beginning
on June 18, 1991 and concluding on June 27, 1991. On
November 20, 1991, counsel for both parties submitted
memorandum of law.
James D. Larson, Esq. appeared on behalf of Pla~ntiff.
Richard J. Schieffer, Esq. appeared on behalf of
Defendants.
Upon all of the evidence, files, records, arguments of
counsel, and proceedings herein, the Court makes
following:
~INDING$ OF FACT
1. Plaintiff, City of Mound, Is a Minnesota munic~pal
corporation situated in Hennepin County, Minnesota.
2. In 1960, the City of Mound adopted a Comprehensive
Zoning Plan which provided:
a. No single family dwelling could be constructed
within 50 feet of the shore of Lake Mlnnetonka.
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No single family dwelling could be constructed
within 10 feet of a side lot line.
No more than one single family dwelling could be
constructed upon a single lot.
City of
3. Defendants own property, situated in the
Mound, legally described as:
Tract A, Registered Land Survey Number 1150.
4. Defendant Mr. Zuckman purchased said property in
1965.
5. At the time of Mr'. Zuckman's purchase, the
property was subject to the Mound Zoning Ordinance.
6. At the time of Mr. Suckman's purchase, there were
two structures situated on the property, end the property
was zoned single family residential.
?. One of the structures was & two story
boathouse/party room "the boathouse" situated thirteen feet
from Lake Minnetonka. The boathouse occupied the lower
level and the party room was on the upper level. At the
time of the purchase the party room was not being used as a
dwelling. The structure was nonconforming for setback from
Lake Minnetonka as the ordinance requires a fifty foot
setback and also had a minor side yard setback deficiency
(1/4 of a foot) at the time of the purchase.
8. The second structure was a three-story building
located 16'.7 feet from Tuxedo Boulevard. At the time of the
purchase, there was a garage on the bottom level, an unused
dental office on the second level, and an occupied dwelling
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unit on the top level. At the time of the purchase, the
structure was nonconforming for two setback violations. A
deck was 4.5 feet from the side yard lot line and the
ordinance requires lo feet, and the structure was only 16.7
feet from Tuxedo Boulevard and the ordinance requires 20
feet.
9.
granted
In 1966, Mr. Zuckman applied to the City and was
zoning variance to remodel the upper level of the
boathouse and convert it to a dwelling uDit. Converting the
structure to a dwelling unit caused it to become legally
nonconforming both as to use and setback. The property was
legal nonconforming as tO use because the property contained
two principle structures (houses) on one parcel of land
zoned Residential A-1 (single family), and thus the property
had two separate housing units in a district that is zoned
single family residential.
10. Upon completion of the addition and modernization
of the boathouse, it consisted of a ground floor walk out
basement, housing the furnace, water softener, electrical
and plumbing conduit, a shower stall and a storage area.
The upper lever was of wood frame construction consisting of
a kitchen, living room, two bedrooms, and a bathroom. The
new construction added a new room over the old roof without
rebuilding the old roof. The completed boathouse was 30
feet in width (on the lake side) and 32 feet in length with
an additional 10 by 30 foot deck on the lake side.
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11. Sometime between 1966 and May 1978, Mr. Zuckman,
without a permit or variance, remodeled the second level of
the streetslde structure and created a third dwelling unit
in violation of the zoning ordinance.
12. On Hay 26, 1978, Hr. Zuckman owned the property in
question and was maintaining three dwelllng units in a
single family reside,rial zone.
13. On Hay 26, 1978, the boathouse was burned by fire.
Severe damage was suffered to the upper level. At the time
of the fire the boathouse was occupied by two renters and
was not being used by Defendant as his personal residence.
14. Exhibit No. I is a photograph taken by John Dale.
Exhibit No. 1 shows the way the boathouse appeared on the
day after the fire, before Mr. Zuckman cleaned up the
property. The pho=o shows tha= the fire destroyed the attic
and most of the upper level.
15. Following the fire, Hr. Zuckman applied for a
building permit to reconstruct the boathouse. A city
official told Hr. Zuckman that he must provide an estimate
of the cost of reconstruction before a permit could be
issued. Hr. Zuckman did not obtain a permit, and made ~o
further effort to do so until a city official halted the
reconstruction of the boathouse.
16. Following the fire, Hr. Zuckman cleaned up the
damage. Hr. Zuckman removed the entire roof and attic,
along with the entire west and south walls. All that
remained of the structure above the subfloor before
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Mr. ~uckman star~ed to rebuild was part of the north and the
east walls. Exhibit No. 2 consists of photographs of the
structure in this condition.
17. Without obtaining a building permit, Mr. Zuckman
started reconstruction of the top level of the boathouse.
18. About three months after the fire, a City Building
Inspector observed that Mr. Zuckman was rebuilding the
boathouse and halted the construction because Mr. Zuckman
did not have a building permit or a variance.
19. During the fall of 1978, Mr. Zuckman did a
substantial amount of recon~tructlon on the building,
constructing a new roof, rebuilding the walls, and enclosing
it with siding--all without obtaining a permit.
20, The City Council denied Mr. Zuckman's application
to rebuild the boathouse on May 22, 1979. The Council
adopted Resolution Number 79-213, finding that the boathouse
was damaged or destroyed to the extent of fifty percent or
more by fire.
21. In reaching this conclusion, the City Council
considered the report of the Planning Commission and the
written reports of consultants. The City Council listed the
consultants and their opinions in Resolution No. 79-213.
(Defendants' Exhibit K). The following is a summary of the
City Council's findings in Resolution No. 79-213:
The Planning Commission, who heard Mr. Zuckman's
application for a permit and variance, reported that it
was impossible to determine with certainty the value of
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the structure before and after the fire Because
Hr. Zuckman had torn down and replaced much of the
structure before the Building Inspector stopped the
work.
The City Zngineer, Lyle Swanson, reported that
"[v]irtually all of the structural members from the
first floor level were damaged beyond repair" and had
been replaced with new members since the fire.
The Hennepin County Assessor reported that a
· member of the assessor's staff inspected the property
on March 30, 1979, and estimated the damage to the
structure at fifty percent of its value.
Home Inspection Consultants' appraiser reported:
It must be said here that extensive
rehabilitative work to much of the
structure has been initiated without
obtaining a building permit. While many
of the remaining structural members have
some structural integrity, in my
professional opinion, I would not depend
upon that integrity unless every
structural member damaged or scorched by
the fire would be subject to testing.
Because testing would be l~practical if
not impossible, I am assuming that the
entire frame portion of the house would
be replaced. Also, because the entire
chimney developed serious structural
cracks from the fire, it would also have
to be rebuilt.
Edward J. Stanke, Vice President of Eberhardt
Company examined the property ten months after the fire
and after much of the structural portion of the
building had been demolished and replaced. In his
opinion, "[t]he fire must have caused over 50% of the
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damage to the home." His opinion is based on the
remaining structure that was left after the fire. He
stated that it was impossible to give valuation figures
because substantial work had been done on the house
after the fire.
Milton Hilk, an appraiser with the Hennepin County
Assessor's Office who inspected the property
approximately one year after the fire, noted that the
structure was being rebuilt and indicated that it was
45.7% complete. Mr. Hilk stated that he could not
determine what the condition of the property was Just
after the fire because most of the structure was
replaced with new material.
Mr. Zuckman presented the Council with a contract,
dated March 1, 1979, between Deluxe Builders and
Remodeler~, Inc. and Mr. Zuckman in which the coat of
some of the reconstruction of the building was stated
to be $9,260.00. The Council noted that the contract
did not provide the total cost to rebuild the boathouse
since Hr. Zuckman was to furnish many additional
building materials and Mr. Zuckman was to install
interior trim, cabinets, and counters. In addition,
the contract did not provide for plumbing, electrical
work, or exterior painting.
22. The City Council, in Resolution 79-213, denied
Mr. Zuckman's request for a variance and permit based on the
following findings:
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The applicant has created his own hardship by
illegally proceeding to reconstruct a structure
without obtaining a building permit.
The applicant has failed to present any evidence
to this Council to indicate the structure was not
50% or more destroyed by fire.
The property is a nonconforming use in that it
contains two structures and three dwelling units
on a single family lot and does not meet the
setback requirements of the ordinance.
The request of a lake front setback of 13 feet is
contrary to the zoning ordinance of the City of
Mound and does not conform to the Minnetonka Lake
Conservation District requirement.
It is the finding and determination of this
Council that based upon the fact situation as set
forth in the ~ereas provisions of this
Resolution, the applicant's problem and the
Council's dilemma in establishing valuations was
created by the applicant's failure to comply with
City and State laws.
The Council further found:
that the application for variance should be and is
hereby denied because the granting of the variance
would have an adverse and detrimental affect on
the health, safety and general welfare of the
City, would be contrary to City ordinances, and
would perpetuate and extend a nonconforming use
which would frustrate the purpose and intent of
the comprehensiv~ plan and zoning ordinance of the
City of Mound.
23. No verbatim transcript was made of the proceedings
before the City Council.
24. On April 24, 1989, a city official observed that
Mr. Zuckman was rebuilding the boathouse and again ordered
him to cease work because he did not have a permit.
25. The city of Mound,initiated an injunction action
pursuant to Minnesota Statute Section 462.362 to require
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Mr. Zuckman to remove his nonconforming and illegally
rebuilt structure.
26. Since there was no verbatim transcript of the
proceedings before the City Council, this Court conducted a
trial de novo beginning on June 18, 1991 and concluding on
June 27, 1991.
27. Gene Garvais testified that he was a fireman for
the City of Mound for twenty-four years, and that he was the
officer in charge of the fire on May'26, 1978. He also
worked as a builder of houses and has been involved in
carpentry work since 1945. Mr. Gervais explained that one
of his duties as the Fire Chief had been to inspect the
Zuckman property after the fire and determine the extent of
damage. Me testified that based upon his inspection on
May 26, 1978, and based on his discussions with fireflghters
at the scene, he estimated the damage to be $30,000. He
said that the building had been entirely gutted and the roof
and floor had collapsed. In his opinion, the structure
would have to be rebuilt from the floor up. He stated that
the structure was damaged to the extent of 75% above the
subfloor.
28. One of Mr. Gervais' firemen, Barry Palm, was also
at the scene of the fire on May 26, 1978. In his
deposition, he stated that he was engaged in reconstructing
buildings damaged by fire prior to May 26, 1978. He often
put together estimates on fire-damaged structures on his
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Job. Mr. Palm stated that Fire Chief Garvais oftsn
discussed firs damage with Palm and the other firsmen.
Despite his admission that he had no specific recollection
of the Zuckman fire, Hr. Palm testified to his opinion that
35 to 40% of the boathouse was #structurally damaged."
29. John Dale, Mr. Zuckman's next door neighbor,
testified that the streetside dwelling was not being used as
a two-family dwelling at any time prior to its purchase by
Mr. Zuckman and his former wifs.
30. Cheryl Dals, Hr. 2uckman's next-door neighbor,
testified at trial that John's mother had sold the Zuckman
property to Mr. Zuckman and his former wife in 1965. she
testified that John's father had used the middle floor of
~hs streetside dwelling as a dental offics until about 1958,
when he retired, and that it was used only for storage aftsr
about 1959. She testified that at the time the property was
sold to Hr. Zuckman, there was someone rsnting the top floor
of the streetside structure, but the middle floor was not
being used as a dwelling unit. She testified that at the
time of the firs, Hr. Zuckman had two seasonal tenants in
the boathouse and was renting the middle and top floors of
the streetside structure as two separate apartments.
31. The parties stipulated at trial that Mr. Zuckman
is still maintaining two dwelling units in the streetside
structure and one dwelling unit in the boathouse.
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32. Hr. Zuckman testified that he has worked in the
construction business for many years, speciali~ing in
rehabilitating damaged and dilapidated buildings.
Mr. Zuckman gave detailed testimony concerning the damage
caused by the fire. Mr. Zuckman concluded that le~s than
25% of the structure of the boathouse was damaged beyond
repair. Mr. Zuckman admitted that in the course of the
reconstruction of the boathouse, he repaired and replaced
many parts of the building at his own option. Mr. Zuckman
made the followlng structural alterations to the boathouse
following the fire:
a. He replaced 2x4 ceiling Joists with 2X8G.
b. He removed and rebuilt the entire roof. The old
roof was cut up and hauled away. New shingles
were installed.
C. He replaced several wall studs because they were
too short.
d. He replaced wall studs on the chimney wall.
e. He replaced windows on the north wall with larger
windows, requiring new headers to be constructed.
f. He replaced all the windows on the lake side and
the south side of the boathouse with larger
windows and constructed new headers.
g. He rebuilt the bathroom walls so that he could
move the door from one side of the bathroom to
another. He also rearranged the fixtures in the
bathroom.
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h. He created a new window and header on the north
wall of the storage area, and closed off an old
window on the east wall using new wall studs.
i. He replaced kitchen windows with larger windows
and built new headers.
J. He constructed a new wall around the south end of
the deck and added windows.
k. He removed a two-way closet which separated two
bedrooms and built a new closet on a wall In the
master bedroom.
33. Some of the demolition and reconstruction was done
in the first few months after the fire, but much of the work
was done over a ten-year-period after the fire, without a
building permit.
34. Sharon Zuckman, the present wife of Hr. Zuckman,
testified that there was no damage to the bedrooms and the
bathroom. She said that the fire damaged the living room, a
wall in the master bedroom, a wall in a hallway between the
two bedrooms, and one side of the roof.
35. Oscar Reed testified that he is a carpenter who
assisted in the removal of the damaged portions of the
building and assisted in some of the early reconstruction.
He testified that the fire damaged the living room,
stairwell, the wall between the living room and the master
bedroom, and part of the roof. He said that there was no
damage to the kitchen, the bathroom, or either of the two
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bedrooms.
damaged.
36.
Me testified that 2§% of the building was
Kent Crosby testified that he is a building
contractor and that he viewed the structure four to five
weeks after the fire. He based his testimony on
Mr. Zuckman's description of the damage to the boathouse.
Mr. Crosby concluded that 25-30% of the structure was
destroyed by the fire. He also testified that the removal
of the remainder of the roof, the replacement of ceiling
Joists, and other structural changes not necessitated by the
fire damage were reasonable methods of bringing the dwelling
up to code.
gONCLUSIONS OF LAW
1. The Mound Zoning Ordinance provides:
Any building which is partially damaged or
destroyed by fire . . . or explosion may be
restored to its former use, provided that no
building which does not conform to the
requirements of the use district in which it
is located, and which is thus partially
damaged or destroyed to the extent of fifty
percent or more, may be rebuilt or
reconstructed other than for purposes of
conformity. £stimate of the extent of damage
or destruction shall be made by the Village
Council or its duly appointed agent.
Mound Zoning Ordinances, Section 23.20 (g).
2. The Mound City Council found that fifty percent or
more of the structure of Zuckman's boathouse was destroyed
by fire and denied Mr. Zuckman's application for a permit to
rebuilt the boathouse. When Mr. Zuckman continued to
reconstruct the boathouse without a permit, the City moved
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this Court for an injunction under Minnesota Statute Section
462.362.
3. In Honn ¥. City o£ Coon Rapids, 313 N.W. td 409,
414-15 (Minn. 1981), the Minnesota Supreme Court stated that
"'isis a legislative act, a zoning or rezoning
classification must be upheld unless opponents prove that
the classification is unsupported by any rational basis
related to promoting the public health, safety, morals, or
general welfare.' In other words, the test is a 'rational
basts' test." {quoting State. by Rochester Ass'n Of
Neiqhborhoods v. City of Rochester, 268 N.W.td 885, 888
(Minn. 1978)). Thus, a city council's ~oning decision
should .be upheld, even if the decision is debatable, if
there is a rational basis for the decision. Id. at 415.
4. The same "rational basis" standard of review
should b~ applied to all zoning matters, whether quasi-
legislative or quasi-Judicial in nature. ~. at 416-17.
5. However, in ~uasi-Judicial zoning decisions
(variances and special use permits), the district court's
inquiry should focus on "whether the proposed use ~s
contrary to the general welfare as already established in
the zoning ordinance." ~. at 417.
6. The ~onn Court held that the parties are entitled
to a trial de novo before the district court, and
promulgated the following procedures to be used in
determining if there ~s a rational basis for the city
council's decision:
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a. Evidence presented to the city council is
relevant. "Ordinarily this evidence will include
documents received by the city council, such
things as maps, plans, surveys, studies and
reports prepared by both the city staff and by the
landowners." "iAI summary of statements of
interested persons at the hearing should be made
at the time of the hearing by the city council and
kept in the official file."
b. "New or additional evidence may be received at the
trial, but it must be relevant to the issues that
were raised and considered before the municipal
body. Witnesses may testify and be cross-
examined, but their testimony must be relevant to
the issues that were raised and considered below."
c. "The municipal body need not necessarily prepare
formal findings of fact, but it must, at a
minimum, have the reasons for its decision
recorded or reduced to writing and in more than
Just a conclusory fashion."
~ at 416.
7. In Swanson v? City of_Bloomington, 421 N.W.2d $07,
313 (Minn. 1988), the Minnesota Supreme Court held that
"[w]here the municipal proceeding has not been fair or the
record of that proceeding is not clear and complete, Honn
applies and the parties are entitled to a trial or an
opportunity to augment the record in district court."
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8. In the instant case, there'is no complete record
of the proceeding before the City Council. Thus, pursuant
to Honn, this Court held a trial de'novo and considered the
evidence presented to the City council and the evidence
received at trial, including the testimony of witnesses,
deposition evidence, photographs, and documents.
9. The City Council found that the property had been
damaged by fire to the extent of fifty percent or more of
the structure and denied Mr. Zuckman,s request for a
building permit. The City Council engaged consultants to
help the Council with its determination and relied on their
opinions. Since Mr. Zuckman had partially reconstructed and
remodeled the boathouse before the City Council made a
decision considering his application for a permit, the
experts retained by the city could not precisely determine
the extent of damage caused by the fire. Mr. Zuckman did
not present any helpful evidence to the City Counsel.
10. Defendants rely on Marshall Produce Co. v. St,
~aul Fire and Marine Insurance Company, 256 Minn. 404, 414,
98 N.W. 2d 280 (1959) in support of their argument that the
ordinance concerning the percentage of the building
destroyed by fire refers to the proportion of the structure
damaged or destroyed, rather than replacement cost. The
Defendants note that only the living room and part of the
roof were completely destroyed by the fire.' However, in
Harshall, the Minnesota Supreme Court held that property
could be damaged by fire in such a manner as to make it
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"valueless from a practical standpoint," when the property
had not been completely destroyed. Id. at 256 Minn. 426.
Specifically, the ~rs ah all Court recognized that damages
caused by fire may include damages caused by smoke, soot,
water, or the fire itself. Id. at 417-422.
11. The Mound Zoning Ordinance provides that a
building which is "partially damaged or destroyed to the
extent of fifty percent or more" by fire may not be rebuilt.
The ordinance only requires that fifty percent of the
building be damaged; it does not require that fifty percent
of the structure be ~ompletely destroyed. It is apparent
from the photographs taken after the fire, and from the
testimony of the witnesses, that most of the boathouse was
damaged by the fire--whether by smoke, water, soot, or the
flames of the fire itself. It is also apparent that most of
the building was rendered inhabitable by the fire. Based on
this Court's review of the reports of experts, its
evaluation of the credibility of the witnesses, and the
evidence received at trial, this Court finds that there wa~
a rational basis for the City Council's decision that the
boathouse property had been destroyed by fifty percent or
more. '
12. Since the City Council had a rational basis for
deciding that the property had been destroyed by fifty
percent or more, the City Council had a rational basis for
its decision to deny Mr. Zuckman's application for a
building permit under the Mound Zoning Ordinance.
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13. Minnesota Statute Section 462.362 provides: "A
municipalitymay . . . enforce any provision . . . of any
ordinance . . . by mandamus, injunction, or any other
appropriate remedy in any court of competent jurisdiction.,,
Minn. Stat. Sec. 462.362. Thus, the injunction requested by
Plaintiff in this matter is an appropriate remedy.
14. The structural alterations Mr. Zuckman made to the
boathouse provide a separate rational basis for the
injunction requested by the city.
15. The Mound Zoning Ordinance provides:
The lawful use of a building or premises as
of December 20, 1945 may be continued,
although such use does not conform to the
provisions hereof. Such use may be extended
through the building provided no structural
alterations are lade therein other than those
required by law or ~rdinance, or as
necessary to estabhsh conformity .
Mound Zoning Ordinances, Section 23.20 (a).
16. On May 26, 1978, the day of the fire, the
boathouse was legally nonconforming as to use because it was
a second principle dwelling house on a piece or property in
a single family district.
17. Mr. Zuckman violated Section 23.20 (a) by making a
number of structural alterations in the reconstruction of
the upper level. These structural alterations consisted not
only of making physical changes tO the structure as he
rebuilt it, but also in using new material and thereby
extending the life of the structure in violation of the
spirit or intent of Section 23.20 (a) and Section 23.20 (g)
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to eventually eliminate nonconformities. Allowing an owner
to reconstruct a nonconforming structure with new material
would frustrate the clear legislative intent to eliminate
nonconformities. ~ee County of Lake v. Courtney, 451 N.W.2d
338, 541 (Minn. Ct. App.), N-%~9/lJ~9_~, (Minn. 1990).
18. Mr. 2uc~,man illegally reconstructed his building
in violation of both Section 23.20 (a) and Section 23.20 (g)
of the Mound Zoning Ordinances. Thus Defendants should be
enjoined from maintaining the boathouse on the property.
Removal of the structure i~ an appropriate remedy and
accomplishes the public purpose of eliminating the
nonconformity. See Minn· Stat. Sec. 462.362.
19. Mr. Zuckman illegally converted the middle level
of the streetside dwelling into a third dwelling unit
sometime after 1966 but before the fire. Mr. Zuckman did
not obtain a permit or a variance for this additional
dwelling unit. His actions were illegal and maintaining
this middle level as a dwelling unit is a continuing
violation of the Mound Zoning Ordinances.
20. Injunction is a proper remedy to correct the
violation of the Mound Zoning Ordinances. ~ee Minn. Stat.
Sec. 462.362. The middle level must be restored to a
nontenantable condition.
21. Both of the injunctions requested by Plaintiff are
appropriate and necessary to place the Defendants, property
in conformance with the Mound Zoning Ordinances.
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9RDER FOR JUDGMENT
1. Defendants and all persons acting under their
direction are hereby permanently enjoined from maintaining
the boathouse structure on Tract A, Registered Land Survey
No. 1150, in the City of Mound, and Defendants are ordered
to physically remove the boathouse structure from said
parcel on or before June 1, 1992.
2. Defendants and all persons acting under their
direction are permanently enjoined from maintain~ng the
middle level dwelling-unit of the streetside structure on
Tract A, Registered Land Survey No. 1150, ~n the City of
Mound, and that Defendants are ordered to remove all
occupants from said middle level dwelling unit within 90
days hereof.
L~T JUDGMENT BE ENT~ED ~CCORDINGLY.
Dated: February 19, 1992 BY THE COURT:
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MINUTES OF A MEETING OF THB
MOUND ADVISORY PLANNING COMMISS'FON
FEBRUARY 2.0, 3.992
Those present were: Commissioners Bill Meyer, Geoff Michael, Jerry
Clapsaddle, Frank Weiland, Michael Mueller, Bill Voss, Mark Hanus,
and Brian Johnson, City Council Representative Liz Jensen, City
Manager Ed Shukle, City Planner Mark Koegler, Building Official Jon
Sutherland, and Secretary Peggy James.
The following were also in attendance: Mark Warden, Dean LaForest,
Ellen LaForest, Barry Palm, Jerry Tasa, and Mayor Skip Johnson.
MINUTES
The January 27, 1992 Planning Commission Minutes were presented for
changes and/or additions.
Clapsaddle noted that his absent was excused.
MOTION made by Weiland, seconded by Voss, to approve the
January 27, 1992 Planning Commission Minutes as amended.
Motion oarried unanimously.
CASE NO. 92-002: DEAN & ELLEN LaFOREST. V~_~IANCB TO REBUILD
HOUSE ON EXISTING NON-CONFO_RMTNG FOUNDATION AT 4920 WELSHER BLVD. t
W~uHwOOD/SnxON, M&Bt BLOCK 39~ PID ~24-117-24 14 0050
City Planner, Mark Koegler, reviewed the applicant's request for a
front yard setback variance to reconstruct a home on an existing
foundation. The existing home was substantially damaged by a
recent fire. An 11.2 foot variance from the 30 foot setback
requirements is being requested.
The Planner observed that the existing home prior to the fire had
a front yard setback that was consistent with the neighboring
properties and that reconstruction of the foundation represents a
practical difficulty.
Staff recommended that the Planning Commission recommend approval
of the 11.2 foot front setback variance upon the condition that the
applicant shall supply the Mound Building Official with appropriate
documentation identifying that the existing foundation is
structurally sound and capable of supporting a new residence.
The Planning Commission confirmed that the existing foundation is
actually setback 28 feet from the edge of the bituminous surface.
MOTION made by Weiland, seconded by Mueller to recommend
approval of the 11.2 foot front yard setback variance to
allow reconstruction of a dwelling, upon the condition
that tho applicant shall supply the Mound Building
Plann£ng Cou~ss£onMJoxu~es
Fobruar~ 10, 1992
O£Eioial with appropriate documentation identlf¥ing that
tho oxistinq foundation is structurally sound and capable
supporting a new residence. HOTION CARRIED
UI~HIMOUSLY.
This case will be heard by the City Council on February 25, 1992.
PROPOSED ZONING CODE HODIFICATIONS: PUBLIC HEARING.
The city Planner, Mark Koegler, reviewed a summary of proposed
revisions to the Zoning Code, as follows:
1. Changes in Residential District names:
Old New
R-1 to R-1
R-2 to R-iA
R-3 to R-2
R-4 to R-3
Permitted, conditional and accessory uses presented in chart
form rather than narrative form.
Se
o
Definition changes / additions.
Accessory Buildings - New provisions pertaining to number,
floor area and relationship to lot area.
Sheds and Storage Buildings (less than 120 square feet
required to be in the rear yard area).
Ail newly created lots are to have a minimum size of 10,000
square feet. Lots of record in certain districts are required
to have a minimum of 6,000 square feet.
Maximum building coverage on residential lots - 30% of the
total lot area.
New landscaping provisions for multi-family residential,
commercial and industrial developments.
o
New Acceptable Building Materials Section:
Residential - encourages variety of roof styles, roof pitches,
exterior surface materials, etc. to promote housing style
diversity.
P].&nn~n9 Commission M~nutes
Fobruary 10, 199:2
Commercial - Prohibitsunadorned, prestressed concrete panels,
concrete block and sheet metal. Prohibits pole buildings.
In addition to these items, there are a lot of housekeeping items,
such as correcting grammatical errors.
Clapsaddle questioned if Section 23.740.4 relating to Pole
Buildings covers what the Planning Commission intended it to
prohibit? Is Pole Building the proper term? The City Planner
commented that those materials prohibited in 23.740.3 should
eliminate any concerns. Weiland commented that 23.740.6 provides
for an appeals process. It was determined to leave the section as
proposed, at this time.
Chairman Bill Meyer opened the public hearing. There being no
citizens present to speak on the issue, Meyer closed the public
hearing.
Mueller confirmed with the City Planner that the residential and
commercial driveway access width was addressed.
Mueller referred to Section 23.610.4 1.C. "The total number of
accessory buildings for lots measuring 10,000 square feet or less
shall be two (2). On lots exceeding 10,000 square feet, accessory
buildings shall be limited to a total of three (3)." The City
Planner confirmed that this provision applies to all Residential
districts; all lots exceeding 10,000 square feet are allowed three
(3) accessory buildings.
Mueller referred to Section 23.506.2 (5) relating to variance
extensions, as follows: "The request for extension shall state
facts showing a good faith attempt to complete or utilize the use
permitted in the variance or appeal. Such petition shall be
presented to the Planning Commission for a recommendation to the
City Council for a decision." The intention of the Planning
Commission for variance extensions was clarified that only one
extension would be allowed and then a full variance application
would be required thereafter for the same request.
Hanus referred to Section 23.407 (7) relating to sheds and storage
buildings less than 120 square feet in floor area, he believes they
should be allowed to be located in the front yard for lakeshore and
through lots. It was suggested that sheds be allowed to be placed
in the front yard if only behind an accessory building and between
this accessory building and the house so it is hidden.
It was questioned if aesthetics should be controlled with the
zoning code. The City Planner reviewed the Zoning Ordinance's
Plann£ng Coma£sst. on #£nu~es
Fobruar~ 10, 1992
Intent and Purpose Section, and two of these listed include
promoting orderly development, and conserving the natural and
scenic beauty and attractiveness of the city.
Some Commissioners contemplated leaving the section as proposed,
implying that it is better to have more enforcement available than
not enough.
Johnson suggested that if sheds are allowed to be placed in the
front yard, performance criteria could apply, i.e. require the
siding, roofing, and color match the principal dwelling and it
should be constructed with quality materials. Since a consensus
relating to sheds was objectionable, the commission moved forward
with review of the balance of the zoning code modifications.
Jensen questioned what type of structures are included in the
maximum lot area coverage of 30%. The City Planner referred to the
definition of ,,Structure -Anything constructed or erected, the use
of which requires more or less permanent location on the ground or
attached to something having a permanent location on the ground,
except the following: (1) on-grade stairways and steps not
exceeding 6 feet in width and landings connected to such stairways
or steps not exceeding 6 feet in width and 6 feet in length; (2)
boardwalks not exceeding 6 feet in width; (3) driveways not
exceeding 20 feet in width; (4) sidewalks not exceeding 6 feet in
width; and (5) retaining walls not having or requiring a railing
and not exceeding 3-1/2 feet in height." The Building official
confirmed that he would consider a deck a structure.
The City Planner stated that the State Shoreland Management
Ordinance allows for only 25% of lot area to be covered, and this
includes impervious surfaces, so what is now proposed is considered
lenient. Within one year this section of the zoning ordinance may
need to be revised to comply with the Shoreland Regulations,
however, at this time, these proposed requirements should be
sufficient.
Chair Meyer reviewed the outstanding issues which include 1) Sheds
and other buildings less than 120 square feet in area, and 2) Lot
coverage requirements. Meyer suggested that the ordinance be moved
forward to the Council stating these outstanding concerns. Johnson
questioned if Planning Commission will have the chance to review
the modification of language relating to variance extensions.
MOTION made b~ Mueller, seconded by Voss to recommend
approval of the soning code modifications with the
exception that the language in Section 23.506.2 (5)
relating to variance extensions be revised as discussed
4
Plannin9 Comm~ssi.on )Ci.nutes
Fobruar~ 10, 1992
b~ the Planning Couuission. Motion carried 8 to 1.
Those in favor were: Weiland, Clapsaddle, Mueller,
· ohnson, Me2er, Voss, Michael, and ~ensen. Hanus
opposed.
Hanus stated that he opposed due to the requirements for sheds.
The zoning code modifications will be forwarded to the City Council
for review. A public hearing date has not been set yet.
TRUTH IN SALE OF HOUSING: REVIEW OF PROPOSED CITy CODE SECTION 31~
LXNE BY LINE, ANY SUGGESTED ~_~VISIONS ~ DISCUSSION.
It was determined to review the proposed truth in housing ordinance
line by line.
Section 318:00, Subd 2., this paragraph is all one sentence and is
very difficult to read. Could another word be used for compliance?
How about using the word hazardous?
Clapsaddle suggested having one disclosure report form, but have
two parts to the form, the first part being the disclosure and the
second part being the zoning report.
It was also suggested that a buyer be required to sign the report
indicating that he has read and understands the report.
Mueller commented that in 1991, 170 properties were sold in Mound,
and 143 were listed, and listed properties also require a
disclosure report, therefore, a total of 313 disclosure reports
would have been required last year. How is staff going to handle
this extra work? Will the ordinance be feasible for the city? The
Building Official commented that the City Council has been
reviewing these concerns at their COW meetings.
Mueller addressed the issue of using a "Certificate of Code
Compliance," which, by the way, is not defined in the ordinance.
What is a Certificate of Code Compliance? The Building Official
explained that basically it is a certificate stating that a house
and or certain appliances, railings, etc. were installed to meet
the code at the time which it was constructed. So, does the City
want to give the people the option of using a Certificate of Code
Compliance versus a Disclosure Report which would compare to
minimum standards yet to be determined? There were mixed feelings
as to weather every property should be compared to the same
standards.
Some of the Commissioner's requested that samples of the forms as
referred to in the proposed ordinance should be available for them
Planning comm~.ss~on a~nutes
lPobru&L'T 10, 1992
to refer to during review.
Section 318:10, it was suggested that "owner/agent, or" be added as
follows, "No owner/a~ent, or person licensed by the State of
Minnesota to sell real estate shall offer for sale by exhibiting or
showing any one or two-family dwelling . . ."
Mueller referred to Page 2, Lines 19 - 23 relating to water seepage
or flooding and questioned what would happen if the "owner" signs
off on this portion of the report and he actually has no knowledge
of the condition of the house?
Mueller suggested that Lines 24 - 29 on Page 2 do not belong in
Section 318:05, but belong in Section 318:45.
Meyer suggested that with the comments made so far, staff could re-
write or make modifications to this proposed section and bring it
back for further discussion. Michael questioned why Mound cannot
use Minneapolis' ordinance as written as it works well for them?
Mueller commented that Mound will have differences relating to
zoning.
Jensen summarized that we are not asking for code compliance and in
the future minimum standards will be developed. A wholesale change
which should be made is that if it states "code compliance" it
should be taken out. She mentioned that the Building Official has
suggested change relating to the Evaluators which states that if
you are certified in Minneapolis, St. Paul, or St. Louis Park, you
can be certified in Mound. In terms of costs, the City Council is
looking at figures and its feasibility. Jensen suggested a change
in Section 318:35, the number of board members should be an odd
number.
The Building Official confirmed that staff will bring back the
proposed ordinance with wholesale changes.
WORKSHOP - ANNUAL PLANNING INSTITUTE
The City Manager informed the Planning Commission that the City
will pay for those interested to attend one of the three workshops
offered relating to planning basics. He stated that those
interested should RSVP to Peggy by March 1st.
CITY COUNCIL REPRESENTATIVE'8 REPORT
Liz Jensen reviewed the city Council meeting of January 28, 1992
and she reviewed the agenda for the February 11, 1992 Council
meeting.
6
Plann£ng Commission IC~nutes
February 10, 1992
Relating to a question whether or not a variance should be required
when there are two houses on one lot and one is scheduled to be
removed, the City Council determined that this decision could be
made administratively with the assistance of the City Attorney
drafting a Temporary Easement Agreement allowing the City access on
the property if the City is ultimately forced to remove a
structure.
MOTION made by Hanus, seconded by Michael, to adjourn the
meeting at 10:48 p.m. Motion carried unanimously.
Chair, Bill Meyer
Attest:
7
M~NUTEB OF A MEETING OF THE
HOUND ADVIHORY PARK AND OPEN SPACE COMMISSION
FEBRUARY 13, 1992
Present were: Chair Lyndelle Skoglund, Vice Chair Brian Asleson,
Commissioners Tom Casey, Shirley Andersen, Joy Eischeid, Marilyn
Byrnes, and Carolyn Schmidt, Council Representative AndreaAhrens,
City Manager Ed Shukle, Parks Director Jim Fackler, Dock Inspector
Tom McCaffrey, and Secretary Peggy James.
The following were also in attendance: Mayor Skip Johnson, Liz
Jensen, Ken Smith, Phyllis Jessen, Cathy Bailey, Mo Mueller, Ralph
Bauer, Robert Kuehl, Lori Hamm, and Jim Glasoe.
PRESENTATION OF AWARDS TO CATHY BAILEY
Mayor Skip Johnson Presented awards to Cathy Bailey for her 17
years of outstanding years of service on the Park and Open Space
Commission.
PARK~OMMISBION VACANCY
a) ~]~TERVIEN: ROBERT KUEHL, 2621 SETTER CIRCLE
Robert moved to Mound in May and would like to get involved with
the community. He admitted not knowing anything about Mound's park
system, but he is willing to learn. He has a strong background in
recreation programs. He does have some environmental concerns. He
knows nothing of the dock program. His schedule may require that
he miss one meeting in the fall, otherwise he should be able to
attend all the scheduled meetings.
b) INTERVIEW: RALPH BAUER; 1774 HERON LANE
Ralph is new to Mound since 1990. He has seen the workings of the
Park Commission and believes he could be of use. He resides on
property abutting Crescent Park in the Three Points area. He
enjoys the open space of Crescent Park, his family has adopted the
park. He would like to see wild flowers planted in Crescent Park
and a bench would be nice. He is knowledgeable about wild flowers
and believes he could identify a fair amount of vegetation. He is
currently considering becoming a member of the arboretum. He is
familiar with the dock program, he had a dock last year and feels
it is a good program.
C) BEVIEN PREVIOUB INTERVIEWS: MO MUELLER & LOIS ADAMS
Mo Mueller was present and informed the Commission that she would
like them to be aware that she will now be obtaining her appraisers
license and feels this experience would be a plus for the Park
Commission. She is still very interested in becoming a member of
the Park Commission.
Park Co=~ission Minutes February 13, 1992
Interview Discussion
Skoglund confirmed that Schmidt and Eischeid cannot vote since they
were not present for the previous interviews of Mo Mueller and Lois
Adams. In addition, Brian Asleson has not yet arrived so he missed
Ralph Bauer and Robert Kuehl's interviews, therefore, he is unable
to vote which leaves five members to vote. It was determined that
five is a quorum, and therefore a vote will be valid. Casey
commented that none of the applicants were unqualified.
The Commission decided to vote on the applicants later in the
meeting.
MINUTES
MOTION made by Casey seconded by Byrnes to approve the
Park and Open Space Commission Minutes of January 9, 1992
as written. Motion carried unanimously.
1992 AGREEMENTS WITH CO~WMUlqITY SERVICES - PARKS PROGRAM ~_ND BEACW
PRO~RAM ! LIFEgUArD SERVXCE~
Jim Glasoe, Recreation Coordinator for Westonka Community Services
handed out and reviewed a summary of changes made for the 1992
Lifeguard Services and Parks Program Agreements.
MOTION made by Byrnes, seconded by Casey to approve the
1992 Sum~er Parks Program Agreement and 1992 Summer Beach
Program Agreement as submitted. Motion carried
unanimously.
These agreements will be reviewed by the City Council on February
25, 1992.
ALLOCATION OF 1992 BUDGETED FUNDS:
Asleson arrived late.
a) BENCHES
$1,000 was allocated in the 1992 budget for benches. The Park
Director reviewed his recommendation for the purchase of 9 treated
pine benches. The Park Commission determined they wanted some
backless benches. The Park Director commented that he could not
find any backless benches made of pine, but he can further
investigate.
Park Commission Minutes February 13, 1992
b) TRASH RBCBPT&CLEB
$2,000 was allocated in the 1992 budget for trash receptacles. The
Park Director reviewed his recommendation for the purchase of 16
receptacle holders which accommodate two trash cans each, and 32
galvanized trash cans.
The Park Commission questioned if some more appealing receptacle
holders could be purchased. They were also concerned about the
durability of the galvanized cans and the cost versus something
that could be purchased locally which would also reduce shipping
costs. Vandalism of trash receptacles was discussed. Schmidt
questioned how other cities control vandalism?
MOTION made by Byrnes, seconded by Bischied, to table
discussion relatinq to the purchase of benches and trash
receptacles to allow the Park Director more time to
research what is available for wooden trash receptacles
and backless pine benches. Motion carried unanimously.
It was determined that there was not enough money allocated to
purchase the ideal type of trash receptacles and number needed.
It was questioned if funds could be drawn from the Dock Fund to
purchase receptacles which would be placed on commons or in parks
which have commons docks located on them.
MOTION~ade by Schmidt, seconded by Casey to request that
staff research the possibility of using the Dock Fund to
purchase trash receptacles to be placed on city
properties abutting commons dock sites. Motion carried
7 - 1. Those in favor were: Eischeid, Andersen,
Asleson, Byrnes, Skoglund, Casey,' and Sch~idt. ~hrens
was opposed.
o) TREES
$1,000 was allocated in the 1992 budget for moving or relocating
trees, and $1,000 was allocated for the planting of new trees. The
Park Director reviewed his recommendation estimating that $1,000
would move approximately 6 trees, and another $1,000 would purchase
4 Maple trees 2.5" and 4 Ash trees 2.5".
The issue of vandalism was raised and suggestions were made on how
to protect the new trees, such as notifying the neighbors that they
have a new tree in the area and educating children.
MOTION made by Asleson, seconded by Casey to approve the
Park Director's recommendation for the purchase and
relocation of trees with the trees being placed as the
3
Park Commission Minutes February 13, 1992
Park Director sees fit. In addition, it is moved to
request that staff researoh if the desk fund may be used
to purchase some trees. Motion carried S - 3. Those in
favor were: Eischied, Asleson, Andersen, Casey, and
Sohmidt. Those opposed were: Ahrens, Skoglund and
Byrnes.
NCAUPDATB AND PLAN OF ACTION.
Status of the study was reviewed. Eischied commented that she
feels the photographs are of little benefit to the study, and
others seemed to agree. It was suggested that a "good look" be
taken at the 50 "hot properties,, chosen by the Commissioners at
their work sessions. The memorandum to the City Council dated
January 14, 1992 from the Park and Open Space Commission was
reviewed. Casey is in favor of formally placing a moratorium on
all tax forfeited parcels. It was suggested that the moratorium be
placed on the 50 "hot properties,, only. The City Manager commented
that before any tax forfeited property is released, the Park
Conission will be given the opportunity to make a recommendation
on that property.
MOTION made by Casey that we, the Park and Open Space
Commission respeotively request that the Mound City
Council withhold all action relating to the release of
tax forfeited parcels until our final Nature Conservation
Area Study report can be submitted. Due to lack of a
second, MOTION FAILED.
Asleson commented that we do not know when the study will be
finalized.
Skoglund reviewed the intent of the study as stated in the proposed
outline by Nell Weber. It was determined that the list of "hot
properties,, be updated and they be looked at as a group when the
weather is better. A meeting date was set for Saturday, April 4,
1992 at 8:00 a.m. to meet at City Hall. Skoglund suggested that
everyone review Nell Weber's plan and the definition again.
PARK COMMISSION VACANCY: VOTING FOR N~ COMMISSION~-
The Commissioners eligible
Skoglund, Ahrens, and Casey.
ballot method would be used.
to vote were: Andersen, Byrnes,
It was determined that a closed
The first results were:
Ralph Bauer 2
Lois Adams 2
Robert KUehl i
4
Park Ccmmise£on Minutes February 13, 1992
Due to a tie, a re-vote was taken, those results were:
Ralph Bauer 3
Lois Adams 2
Ralph Bauer is recommended for appointment to the Park Commission.
The City Council will make the final decision on February 25, 1992.
MRPA MEETING REMINDER
Skoglund reminded the Commission of the Minnesota Recreation and
Park Association social activity: Saturday, February 15th at the
Crystal Community Center from 8:30 a.m. to 1:00 p.m.
REALTORS AWARENESS MEETING
A Meeting for realtors regarding dock program, commons, and public
shoreland will be held on Thursday, February 27, 1992 at Mound City
Hall, 10:00 a.m. to 12:00 noon
MOTION made by Ahrens, seconded by Asleson to adjourn the
Park and Open Space Co~mission Meeting at 10=04 p.m.
Motion carried unani~ously.
FEB 1 9 1992
LAKE MINNETONKA CONSERVATION DISTRICT
LAKE USE AND RECREATION COMMITTEE
AGENDA
Monday, February 24, 1992, 4:30 PM
Norwest Bank Building
900 E. Wayzata Blvd, Room 135
(Elevator access for Handicapped;
use west entrance on Wayzata Blvd.)
Hennepin County Department of Public Works:
Denis Bailey, Engineering Technician-Lake Improvement
1. 1992 Maintenance Program
2. Slow Buoy Program (same as 1992)
3. Update on new County Lake Minnetonka map
DNR's proposed change in size of snowmobile registration
numbers; staff report on 2/24 meeting with DNR, State
Sheriff's Assoc., Water Patrol & LMCD
Resolution to supersede Resolution #53 declaring low
water level to authorize permits for temporary dock
extensions beyond the DUA and Resolution #73 allowing
residential temporary dock extensions without a permit.
Special Events:
1. Deposit Refunds @$100 each:
a. Ehlert Publishing Group, Wintertainment,
1/23/92 - 1/25/92
b. Westonka Snoblazers, Fun Run, 1/31/92 - 2/1/92
c. Lafayette Club, Family Fishing Derby, 2/2/92
d. MN/WI Pro Am Bass Tournament, 6/2/91
e. MN/WI Pro Am Bass Tournament, 8/24/91
f. Lord Fletchers, Broomball (extra deposit)
2. Holiday-Johnson Leukemia Crappie Contest
renewal application received 2/11/92 for contest on
4/18/92: Request to waive late fee on application
received less than 90 days prior to event per letter
dated 2/12/92.
Subcommittee to review signs at accesses; minutes of
1/16/92 meeting, no action recommended
F. Water Patrol Report
1. Violations update
2. Progress on fish house count
3. Incidents - vehicle sinking, etc.
4. T~ming outlook on 1991 County and Lake Minnetonka
data summary
5. Additional items
G. Additional business recommended by the committee
ARNE H. CARLSON
GOVERNOR
~TATE OF MINNESOTA
OFFICE OF THE GOVERNOR
130 STATE CAPITOL
SAINT PAUL 55155
FEB 1 8 .....
February 14, 1992
Thc Honorable Skip Johnson
City of Mound
5341 Maywood Raod
Mound, MN 55364-1687
Dear Mayor Johnson:
During the next several weeks, my administration will prepare a budget proposal to present to
the legislature in March. I would like your help.
Typically, the state's budget would not be a major topic in a non-budget year. Last year,
however, individuals and businesses across Minnesota did not earn what they anticipated
earning, leaving the state with a revenue shortfall of more than $340 million for the current
biennium. The February 27 revenue forecast will more closely identify the size of this gap,
and we believe it has probably grown.
Last. year, in our effort to close a $2 billion budget gap, the legislature and I held the growth
tn government spending to the lowest level in 20 years - 8.6 percent over two years. In the
process, members of the legislature had to make some tough choices and I had to cast some
unpopular vetoes. Unfortunately, we are faced with more painful choices again this year.
Our options are limited. We can tax more. We can spend less, or we can do some of both.
While I oppose a general tax increase, I am open to your suggestions. As Mayor, you have an
understanding of Minnesota's tax and spending systems, and I value your ideas. If you would
like to see a tax increase, I would be interested to know what kind of taxes you propose. If
you propose spending cuts, I would like to know specifically where you think we can cut
without compromising our quality of life in Minnesota.
AN EQUAL OPPORTUNITY EMPLOYER
O PRINTED RECYCLED PAPER
ON
February 14, 1992
Page 2
Please mail your suggestions directly to me by March 4. This need not be more than a hand
written note telling us what to tax or where to cut. I have enclosed some general information
about the state's budget which you may. find interesting and helpful.
It is my respons~ility to work with the legislature to balance the state's budget. I hope we can
arrive at a solution early in the 1992 legislative session so that we can spend our time
productively on workers' compensation reform, health care reform, education and public
safety.
Thank you for your help.
Warmest regards,
Governor
1992-93 SPENDING
AHD
CHANGES BY PROGRAM AREA
~n m~711ons)
% change from
prior biennium*
Education K-12
Higher education
Human Services
Local aids & credits
State agencies:
Operations
Grants
Constitutional officers
Governor/Lt. Governor
Attorney general
Secretary of state
State auditor
State treasurer
Legislature
Courts & public defender
Debt service, dedicated
non-transit MVET, other
$4,538
2,011
3,565
2,236 **
714
229
40
10
13
2
106
200
946
8.7%
4.6
20.9
6.4
(0.9)
(1.0)
(4.7)
3.3
20.3
19.3
93.3
13.3
45.4
(5.8)
Total spending
$14,617
8.6%
t 1-91 Forecast, * adjusted for comparability, ** Includes local government trust fund
( ) denotes decrease
03°
'=~ ~=' ................. 0
O ~
State Expenditures Versus
Federal Defense Budget
600%
500%
4OO%
3OO%
200%
100%
0%
1 9711975 1 9791 9831987
1991
546
-+- State Expenditures . ~-Defense Budget
Source: U.S: Office of Mgmt & Budget, MN Dept. of Finance
Annual State Budget
General Fund 1858 - 1990
7
6
5
4
3
2
Millions
1
0
1
o
0
0
1870 1880 1890 19C0 1910 1920 1930 194.0 1950 IgEo 1970
Year
I~IN Legis Auditor, Dept. of Finance
State Auditor Reports
Gev MN Tax Study Commission
5'72
1992 Legislative Conference
8:00 a.m.
9:00 ~.m.
9:1~ a.m.
10:50 a.m.
11:15 Lin.
12:1S p.m.
1:45 p.m.
2:45 p.m.
$:00 p.m.
4:15 p.m.
Registration opens
Presidential meH~e
State revenues and the local
~ovemment trust fund
Commissioner JoAn ~sa you.
DdpartMt of Fi~avwJ
~mpitol rally, Capitol Rotunda
'C, ov~or Ar~ Car/sos
~nat~ Major, fy Lmd~r Rogf~ Mo~
~nat~ Minority; L#adgr Dtmaf ~nson
Individual meetings with legislators
(City officials should make
appointments to ~ee their legislators
during thio time)
Luncheon
How, Sp,~V~r Da ~
Hous~ Minority Lmd~r Tsr~ Dempsq
Report on the comm~ion on local
smd state governm~ relations
Break
Pay equity
CommOnest Linda B~to~
Concurrent sesslonf
5:15 p.m.
Annexation
'Review of Annexation Legislative
Proposals~
* S~. Z~nd~l Kdly. Vi~ cask, Judiciary;
Mtmb~r, F. cmtomi~ D~nt and
H~in~' MtSo, T~'
M,~ Affairs
Environment
~Review of Environmental Legislation
*~n. Sta, t Morse, Clink, L~gislativr
Gonm/uion on Water; Chair,
Environ m~#tai Divi~m, Finance;
Mtm~r, En~m~nt and Natural
Transportation
~Perspectives on Dedication
of Funding for Transportation
Sy~tenl~~
Fred Corrigan, Exttutiut Dirtctor,
Minmota Transportation Alfianct
Jack Nawrocki, Pr~id~at, ~outh~m
Mia~sota Higkwa~ Improvement
Associatio~
Reception for city officials
and legblatora
* Invited to speak
1992 Legislative Conference Registration
City (Ptease print or type)
Name 'flUe
Name Title
Name 'title
Registration fee:
$75.00 advance
$85.00 on-site
AdvanceRegistratlon
Deadline March 17, 1992
Foe Includ~ conference reglstretlofl, luncheon, and
evening reception with Ioglsbtom Invbd.
Idako chock payable and man to
League of MlnnoeMa Cltbs
183 University Aw EMt
Bt. Paul, MN 65101
1992 Legislative Conference Housing
Oq;ar~zaUm t~ama_ ~ Minnas~aC~rm
Func~ 19921.oohiafJveCoflMmflc0 Delos Mamh23-24.1992
All r0quests for the above group mint be received by ~
Check in Ib~o 3:00 pJn. (:hock o~t ~Jmo 12:00 p.m.
]~v Am~z or h Olub 0mdl 0~1 nom~ I~ 9uam~ ~oo~ m~,vMio~ yoo d M
Gmctcmdl,, ~xo ~0 ~0 ~0
~ ~ ~ H~ St P~
,, m~~ ~k~65101
February 14, 1992
$?_9
Page 7
MINUTES - COMMITTEE OF THE WHOLE -FEBRUARY 18, 1992
The meeting was called to order at 7 PM. Members present: Mayor Johnson,
Councilmembers Smith, Ahrens, Jensen and Jessen. Also present: Tom Reese,
LMCD Representative; Jon Sutherland, Building Official and Ed Shukle, City Manager.
Tom Reese updated the Council on activities taking place within the LMCD. Among
the items discussed was financial assistance for fighting Eurasian Water Milfoil and
Zebra Mussel. Long term management plan, lake access and questions raised by the
Council and staff with regard to parking along Bartlett Boulevard, LMCD permit
process and shore lights was discussed. Reese announced he will not be seeking a
reappointment to his term which expires in just over two years.
The next item discussed was commons markings. Ed Shukle, City Manager,
presented information supplied by Jim Fackler, Parks Director, with regard to marking
access points to public lands with monuments. After considerable discussion, it was
the direction of the Council to have staff prioritize the 50+ monuments that would
have to be installed and bring back to a future COW meeting. Along with that, have
some suggestions on how it could be paid for. There was division amongst the
Council on whether it should be paid for out of commons funds or other city funds
since both commons and non-commons areas are involved.
Jon Sutherland presented some information regarding the Maintenance Permit process
and Construction on Public Lands Permit application process as it relates to commons.
He distributed some information developed by Jim Fackler, Parks Director, Peggy
James and Jori Sutherland. He outlined a very specific process on how
encroachments were going to be dealt with. He indicated that staff was going to take
an inventory of encroachments on public lands this spring and would be calling
attention to the property owners any problems that they saw. A check list for Public
Lands Permit would be completed on any encroachments or persons applying for
building on public lands. A public lands status sheet would be completed indicating
authorized encroachments, unauthorized encroachments and the actual permit for
public lands, whether it be construction on public lands or public land maintenance
permit or a permit for land alteration. Council consensus was to follow this
procedure.
The proposed rental housing ordinance was discussed. The Council agreed to
establish April 28, 1992 as the public hearing date for the ordinance. City staff will
continue to refine the implementation process and will be discussing this issue with
city council prior to the public hearing. The city attorney is also in the process of
preparing an executive summary of the proposed rental housing ordinance. Discussion
was also held with regard to the truth in the sale of housing ordinance being
discussed at the Planning Commission level. The direction from the Council was to
have the Planning Commission recommend a standard following the City of
Minneapolis ordinance. They again emphasized that they are not interested in code
compliance issues with regard to this type of an ordinance.
MINUTES - COMMITTEE OF THE WHOLE - FEBRUARY 18, 1992 - PAGE 2
Goal setting/Team building was briefly discussed. It was the consensus to wait until
after next year's election to conduct any future goal setting or team building
meetings.
Artwork for the city council chambers' north wall was discussed. This item was
continued until the next COW meeting.
Recycling and spring clean up programs were discussed. City Manager Ed Shukle
updated the Council on Joyce Nelson's proposal to have a special recycling day the
weekend of April 24th and 25th, which would follow Earth Day which is scheduled
for April 22, 1992. The proposal has Goodwill accepting various items including
clothing, household items, small working appliances, small electronics, games, toys,
bicycles, hardware, purses, tools, shoes, hats, etc. Tires, appliances and scrap metal
will also be accepted. Goodwill charges $189.50 unstaffed per 40 foot trailer and
$234.50 staffed per 40 foot trailer. Council consensus was to have a staffed
operation with perhaps two 40 foot trailers. In conjunction with this, discussion was
also held on the possibility of having service organizations to pick up items to be
delivered. Staff is to work this out with the local organizations as well as logistics of
handling items in conjunction with Goodwill. Concern was expressed with regard to
the drop off site at Lost Lake, should it rain. A contingency plan for the location
should be looked into. Also discussed was a spring leaf pick up. Council asked that
bids be taken for this purpose, both for pick up and a drop off, to see how much it
would cost. They also suggested we look into a brush drop off and what that would
cost.
The proposal from Municipal Services Corporation dealing with pelletized ash from the
Hennepin County Incinerator Plant was discussed. The Council had heard a
presentation made to them at the February 11, 1992, regular council meeting dealing
with a proposal to test the pelletized ash with black top on a two mile stretch of road
in the city of Corcoran. Council suggested that a letter be sent to the city of Corcoran
with a copy to Tad Jude, Hennepin County Commissioner, indicating our support and
also send a separate letter to Mr. Jude asking him to support this test.
Council also discussed city council salaries for 1993 and beyond and asked the city
manager to put materials together for discussion at a future COW meeting.
Upon motion by Smith, seconded by Jessen and carried unanimously, the meeting
was adjourned at 9:50 PM.
City Manager
Respectfully submitted,
League of Minnesota Cities
183 University Ave. East
St. Paul, MN 55101.2526
(612) 227-5600 (FAX: 221-0986)
February, 1992
TO:
FROM:
RE:
Mayors, Councilmembers, Managers, and Clerks
Peter Solinger, LMC President
LMC Legislative Policy Committees
Would you like to help shape the League's legislative policies and
priorities? The involvement of local officials is a key component
of the League's legislative program. Local officials contribute to
the League's'ability to advance city positions by identifying
issues, studying and recommending solutions, voting on legislative
policies at the Legislative Policy Adoption Conference, and through
personal contact with their legislators. LMC legislative policies
have high credibility with legislators because they know that the
policies are determined through the grass roots involvement of many
local officials.
To encourage increased participation of city officials--particularly
elected officials--the League will revamp its committee process this
year. We will also attempt to make less demand on committee
members' time by limiting the number of meetings to three--one
meeting in the month of July, one meeting during the month of
August, and one meeting in early October.
We encourage elected and appointed officials from throughout the
state to sign up for a committee. The six legislative committees
and their policy areas are:
DEVELOPMENT STRATEGIES: general development issues including tax
increment finance, industrial development bonds, redevelopment,
economic development authorities, and housing.
ELECTIONS AND ETHICS: election and ethical issues, such as voter
registration, local government elections, and combined city/school
district elections.
FEDERAL LEGISLATIVE: develop positions on federal policy issues in
coodination with the National League of Cities on issues such as
fiscal relations, rural development, housing, environment, and
transportation policies.
(OVER)
GENERAL LEGISLATION AND PERSONNEL: comparable worth, open meetings,
tort liability and insurance, purchasing authority, mandates,
charitable gambling, licensing of contractors, competitive bidding
issues, personnel, PERA and other pensions, emergency medical
services, veterans' preference, volunteer fire, and military leave
issues.
LAND USEr ENERGYf ENVIRONMENT~ AND TRANSPORTATION: wastewater
treatment, solid and hazardous waste, ground and surface water
management, land use (planning, annexation, eminent domain, and
adverse possession), energy conservation, and transportation issues.
REVENUE SOURCES: municipal finance, levy limits, property tax law,
local government aid, and truth in taxation.
In May 1992, I will appoint new legislative committee members. The
committee appointments are for a two-year period (1992/93) that
coincides with the state's biennium. The League strives to achieve
balanced representation from all regions of the state on each
committee. I can't guarantee you will be placed on the committee
of your first choice, but every effort will be made to do so.
PLEASE RANK YOUR PREFERENCE FROM 1 (FIRST) TO 6 (LAST).
I would like to serve on:
(use ranking to indicate preference)
Development Strategies
Land Use, Energy, Environment
and Transportation
Revenue Sources
Elections and Ethics
General Legislation
and Personnel
Federal Legislative
Name
Address
Title
City, Zip
Home phone ( ) Work phone
Please return this form by April 6, 1992, to Mary Diedrich, League
of Minnesota Cities, 183 University Avenue East, St. Paul, MN
55101-2526.
LAKE MINNETONKA CONSERVATION DISTRICT
BOARD OF DIRECTORS
AGENDA
7:00 PM - Public Hearings
7:30 PM - Regular meeting
Wednesday, February 26, 1992
Tonka Bay City Hall
4901 Manitou Road (County Rd 19)
7:00 PM - PUBLIC HEARINGS
1. Whinner~ Dock Length Variance to reach navigable water, for an
existing dock that extends beyond the DUA over wetlands
2. Beans Greenwood Marina - New Dock License and Variance to relocate
slips from within 100' into the 200' zone
3. Rockvam Boat Yards Dock Length Variance to extend 18 slips at Site
2 to a total distance of 153' (25' further into the Lake)
4. Halstad Acres Improvement Assoc. - New Dock License for a 13 slip
dock on Outlot 1, Halstead Acres 2nd Addition, Halsted Bay
7:30 PM - REGULAR MEETING
CALL TO ORDER
ROLL CALL
READING OF MINUTES - 1/22/92 Board Meeting
PUBLIC COMMENTS - From persons in attendance not on agenda
CHAIR ANNOUNCEMENTS
CONSENT AGENDA - Items marked * will be approved in one motion unless
removed from consent agenda for discussion
COMMITTEE REPORTS
ENVIRONMENT, Chair Hurr
A. Eurasian Water Milfoil Task Force, Chair Penn
B. Additional business recommended by the committee
WATER STRUCTURES, Chair Babcock
*A. Approval of minutes, 2/8/92 meeting
B. Bupp Dock Length Variance, Carsons Bay, recommending approval of
a dock length variance subject to stipulations recommended by
the committee
Board Agenda, 2/26/92, Page 2
C. Multiple Dock Licenses:
*1. Recommending approval per staff memo dated 2/7/92:
a. Renewals Without Change,
b. Non-renewing - holding in abeyance
c. District Mooring Area, renewals without change
2.Recommending approval of minor site plan changes per
staff report of 1/21/92:
a. Driftwood Shores, Harrison Bay
b. Lord Fletcher's of the Lake, Coffee Cove
c. Rockvam Boat Yards, Site 2, Coffee Cove
d. Seton View, Seton Lake
3. Recommending approval of new dock license applications,
subject to Board waiving the public hearing, for:
a. West Beach Apartments, Coffee Cove - change in dock
length from 80' to 100' with no change in configuration
and within DUA
b. Sandy Beach Place, West Arm - adding an 8'
extension on the main dock for fishing and waterskiing
safety, per site plan, upon condition that no boats are
to be stored or tied on the extension.
D. Policies & Procedures Subcommittee, recommending adoption of
1. Proposed Code Amendments per Policies & Procedures memo of
1/30/92, waiving 2nd and 3rd readings:
a. Sect. 1.07, Subd. 9 per memo of 10/10/91,
b. Sect. 2.01, Subd. 2, d) per memo of 10/10/91
**c. Sect. 2.03, add to heading Commercial Docks and delete
"and Docks in excess of 100 feet in Length "
**d. Sect. 2.03, Subd. 1 delete "a dock of more than 100 feet
in length or"
e. Sect. 2.03, Subd. 2 add "Upon comple~ion of the dock
installation, an as-built survey of the docks and site
is required indicating the 929.4' shoreline, a line
indicating the 100' distance from shore, dock
dimensions, setbacks from property lines and witness
marks for .seasonal docks. Staff may waive requirement
for seasonal docks"
f. Sect. 2.06 add Non-Multiple to Permanent Dock heading
**Staff inadvertantly did not cross out the references to
docks in excess of 100 feet, but the subcommittee
recommended deleting due to docks over 100 feet being
covered by the variance process.
Administrative recommendations, recommending approval as
stated in Policies & Procedures memo of 1/30/92, except:
a. the Executive Director would be authorized to issue
Deicing licenses, subject to Board approval, which will
require a Code amendment;
b. the recommendation on Special Event Licenses is
referred to the Lake Use Committee
Board Agenda, 2/26/92, Page 3
* E.
Deicing Licenses, recommending approval of:
1) New applications:
a. Leno Mikenas, St. A]bans Bay, Greenwood
b. Dan Hessburg, Priests Bay, Minnetrista
2) Deposit refund of $100 to Exce]sior Park Tavern-not deicing
F. Additional business recommended by the committee
LAKE USE AND RECREATION, Chair Foster
A. Approval of minutes, 2/24/92 meeting
B. Henri. Co. Dept. of Public Works Program for Lake Minnetonka as
proposed by Denis Bailey, Eng. Tech.- Lake Improvement
1. 1992 Maintenance Program
2. Slow Buoy Program
C. Resolution to rescind Resolutions #53 & 73 due to Lake
Minnetonka water level at or above 929.4' elevation
D. Special Events:
1. Deposit Refunds @$100 each:
a. Ehlert Publishing Group, Wintertainment, 1/23/92-1/25/92
b. Westonka Snoblazers, Fun Run, 1/31/92-2/1/92
c. Lafayette Club, Family Fishing Derby, 2/2/92
d. MN/WI Pro Am Bass Tournament, 6/2/91
e. MN/WI Pro Am Bass Tournament, 8/24/91
f. Lord Fletcher's, Broomball, (extra deposit)
2. Holiday-Johnson Leukemia Crappie Contest 4/18/92,
requesting late fee be waived on renewal application
received less than 90 days prior to event, 2/12/92 letter
E. Hennepin County Sheriff's Water Patrol report
F. Additional business recommended by the committee
LAKE ACCESS, Chair Grathwol
A. Status update
FINANCIAL REPORTS, Treasurer Boswinkel
A. Statement of Cash Transactions, month ending 1/31/92
B. Audit of Vouchers for Payment
EXECUTIVE DIRECTOR REPORT, Strommen
A. Staff recommendation to authorize officers to approve a Request
for Proposals (RFP) for certain management plan objectives and
to further authorize the officers to select a consultant/agency
to perform the studies/objective activities as detailed in
attachment SA.
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
LAKE MINNETONKA CONSERVATION DISTRICT
Action Report:
Water Structures Conlmittee
Meeting:
7:50 AM. Saturday, February 8, 1992
Norwest Bank Building, Wayzata, Room 155
Members Present: Bert Foster, Deephaven; James Grathwol,
Excelsior; David Cochran, Greenwood; Douglas Babcock, Chair,
Spring Park; Robert Slooum, Woodland. Also present: Rachel
Thibault, Administrative Technician.
The meeting was called to order by Chair Babcock ab 7:55 AM
1. Purpose, Goal and Objectives for Hater Structures Committee.
The committee received an outline of tile Water Structures
Committee purpose, goal and objectives as described in the Marl-
agement Plan. Cochran said the outline is adequate 'for the time
being although changes may be made as the committee moves fop-
ward.
MOTION: Grathwol moved, Cochr-an seconded, to approve the
purposes, goals and overall objectives as a strategy of the W~'ter-
Structures committee. Motion carried unanimously.
Slocum suggested some chanCes in 'the rules and principles o'f:
the committee. Specifically he addressed the rule that all docks
between 100' and 200' cannot be changed. Babcock responded
in the past rule changes came From discussion of renewal or new
dock licenses. He would be willin~ ~o address specifics in the
Ordinance on future agendas. He asked that any suggestions be
forwarded to Thibault or himself in writing.
2. Bupp Dock Length Variance, Carsons Bay
The committee received the minutes of the Public Hearing
held on 10/25/91 to consider the request of Jeremy and Robin
Bupp, 19860 Cottagewood Road, Deephaven, for a length arid dock
use area variance application affecting a wetland in Carson's
Bay. Included ~ere ~he Findings of Fac~, Thibaul~ no~ing a
change in Item 11. from "does" to "may"
Bupp reviewed the specifics of his request as detailed
the m~nutes. His neighbor, E].sie Strot, 19900 Cotbagewood Road.
was concerned that continuing to at tow the dock over her property
might result in Bupp being able to claim adverse possession by
use. Bupp submitted a Deed of Appurtenant Easement 'for the land
under Bupp's dock, in which Bupp waives any rights to adverse
possession of the Strot property over which the dock extends
The Easement ~s agreeable to SErot and Bupp and upon approval of
the dock length variance it wilt be signed by at1 parties and
f i led.
Babcock noted that in this case the lots are platted out
beyond the Ordinary Higll Water Level. He suggested either oreat ....
1rig a dock length variance which could be t/ed to the easement or
- continued
Water Structures Committee February 8, 1992
creating a dock use area. Babcock prefers the dock use area
method which does not lay out a dock plan. Foster said if there
is a permanent easement he does not believe the Oistr'iot has to
be involved in Dock Use ~%r-eas and setbacks.
Cochran said a main interest is the environmental impact.
Normally the District would not allow a dock beyond 100' In
this case the depth of the water and access to navi¢able water
can change over the years, t4e would like to see wordinq that
permits the dock to exist to open water rather than a specific
length. Bupp responded that the only way to get to navigable
water would involve going over the wetlands.
Slooum questioned ~hether any action taken through the
easement method would have an affect on a fubure owner of either
property. Grathwoi said it should be an arran¢emenb which con-
tinues ~ith the property. Foster said he understands a dock
len¢th variance is being proposed subject to the easement being
:[ n place.
Grathwol noted that at one tim~,e he represented Don Brooks,
the previous o~ner, and he remembers that Brooks had LHCD's
~;tpproval for the dock as built.
MOTION: Grathwol moved, Foster seconded, to r-ecommend a dock
length variance for Jeremy Bupp con'tinqent on his ma[ntaininq a
seasonal, hand driven dock. with no dredging or pile driven dock
which would unduly damaqe the wet,lands, lhe dock should be
l[mited to reach open water, not to exceed 540'. l'he variance i:5
conditioned on a satisfactory arrangement with his ne[ghbor,
Strot.
DISCUSSION: Cochran said that in ongoinq efforts to protect
wetlands the commlttee might come to the conclusion to urge or
r-equire common docks.
VOTE: Hot,on carried.
Thibault explained to Bupp that the recommendation w~11 be
forwarded to the Board and, if approved, an Order wi11 be drafted
for approval by the committee and Board. Grathwol suqgested Bupp
and Strot retain personal legal advice in drawing up the ease-
ment. Babcock commended the nelghbors for work,hq i't out.
3. Excelsior Park Tavern, Excelsior Bay
Fred Bruntjen, representing Excelsior Park Tavern (EP'T), de-
tailed the following amenities the EPT is supplying to qualify
for their Special Density arid new dock license: Designabed slip
space for use by the Sheriff's Water Patrol, outdoor pool for use
by organizations 'sponsored by the C:ity of Excelsior~ a meeting
room available for public groups at no charge, dockage for 'four
char%er boats (approval received from Excelsior P~anning Commis-
sion for operation of four sma].], charter boats, final action by
Oily Council scheduled for 2/18), handicapped access ~o ~he
docks, a lakeside deck pedestrian look out for' the public, the
outdoor lower level deck l Jcensed for food and beverage service,
and a dock attendant on duty. Thib~utt reported the amenities,
w/thout the charter boat service, total 25 polnts vs. tt~e 20
points needed for the Special Density License.
Water Structures Committee
February 8, I992
Babcock reviewed the history oF the dock l~cense for the EPf
from the approval by the E~oard 3/90 of ~ new dock ~nd SPecial
Dens,tM L~cense for 40 simps. ~n E~W was processed and then
delayed by concerns fPom the C~[y o¢ Excelsior as to ~hether
adequa[e Pank~ng ex~sted for bhe charter boa[ service amen~[y.
There have a~so been concerns as ~o ~hen ~he docks ~Ou]d be
r'ebu~]t and reconf~qured.
Elabcock asked Brul~t.ien A, hen they plan to bulld the reconffg-.
ured docks. Brunt.jen responded thaE Would be in the Future. The
docks are currently in excellent shape and cost of consEruction
~ill dictate a time schedule.
Lucille Crow, Mayor-, City of Excelsior, spoke in favor oF
the dock license. She said the Parking problem has been solved
by EPT running a shuttle from an off si[e location. She also
indicated that the neighbors are satisfied wi~h the I ~H to 5 ~H
restrictions Placed on the EP'r by the City.
Babcock expressed his concern about the changes which have
'baken place since the original approval for 40 slips was given to
a Private club with ~0 overnight storage arid 10 transient slips.
Grathwol added that of the 30 overnight, up to 10 were ED be
charter boats. Thai arrangement did not have approval of the
City of Excelsior because of the Parking concerns.
Robert ~bdo, representing EPT. said that of the 32 current
slips, 12 are transient, 16 are overflight and 4 are for charter
boats. They do not want to lose [he option of overnighb storage
although those which are not rented are open for transient traf-
fic.
Babcock expressed his concerns about amending an approved
aPPlication. There have been too many changes since the 40 slip
configuration ~as approved, fie would like to delay any ackion
until the final approval is received fr'om the Excelsior CiEy
Council. Babcock is also concerned abouE selling a pr'eceden[ of
allowing conversion of transient to overnighb storage, lie would
also like to see a time limit placed on the construction of tt~e
40 slip dock.
MOTION: Fos[er moved, Oochran seconded, to recommend approval of
the concept that with a 32 slip configuration [here will be 20
overnight storage, four of ~hich will be for charter bombs, and
12 slips ~ill be kransien[. 1'¢ the 40 slip configuration is
built there eill be a maximum of: 20 overnight 4 of which will be
for charter boats, and 20 transient. '
MOTION: Grath~ol moved, Babcock seconded, to table the discus-
s~on. Ho'tio~ carried, Cochran votin~ tamy.
4. Multiple Dock Licenses:
i) MOTION: Grathwol moved, Foster seconded, to recomme~d
approval of the following staff r'ecommer~dations:
RENEWALS ~ITHOUI CH~NaE
~1 & Alma's Supper Club, Cooks Bay
Elayvie~ Condominiums, Spring Park Bay
Big Island Veterans Camp. Veterans Bay
Boat Rentals of Minnetonka, Harrisons Bay
- continued
LAKE MINNETONKA CONSERVATION DISTRICT
Action Report:
Water S'tructures Committee
Meeting:
7:50 AM, Saturday, February 8, 1992
Norwest Bank Building, Wayzata, Room 155
MemDers Present: Bert Foster, Deephaven; James Grathwol,
Excelsior; David Cochran, Greenwood; Douglas Babcock, Chair,
Spring Park: Robert Slocum, Woodland. Also present: Rachel
Thibault, Administrative Technician-
The meeting was called to order by Chair Babcock at 7:55 AM
1. Purpose, Goal and Objectives for Water Structures Committee-
The committee received an ou'tline of tile Water S'truotures
Committee purpose, qoal and objectives as described in tile Marl-
agement Plan. Cochran said the outline is adequate 'for the time
being although changes may be made as the committee moves for-
ward.
MOTION: Grathwol moved, Coohran seconded, to approve the
purposes, goals and overall objectives as a strategy of the Water'
Structures committee- Motion carried unanimously.
Slocum suggested some changes in the rules and principles o'f:
· tile committee- Specifically he addressed tile rule that all docks
between 100' and 200' cannot be changed- Babcock resl)onded that
in the past rule changes came from discussion of renewal or new
dock licenses- He would be willinq to address specifics in the
Ordinance on future a.qendas. He asked that any suggestions be
forwarded to Thibault or himself in writing.
2. Bupp Dock Length Variance, Carsons Bay
The committee received the minutes of the Public Hearing
held on 10/25/91 to consider 'the request of Oeremy and Robin
Bupp, 19860 Cottagewood Road, Oeephaven, for a length and dock
use area variance application affec'tin~ a wetland in Carson's
Bay. Included ~ere the Findings of Fact, Th~bault noting a
change in Item 11. from "does" to "may"
Bupp reviewed tile specifics of hls request as detailed in
the minutes. His neighbor, Elsie Strot, 19900 Cotta.qewood Road,
was concerned that continuing 'to allow the dock over her property
might result in 8upp being able to claim adverse possession by
use. Bupp submitted a Deed of Appurtenant Easement for the land
under Bupp's dock, in which Bupp waives any rights to adverse
possession of the Strot property over which the dock extends.
The Easement is agreeable to Strot and Bupp and upon approval of
the dock length variance it will be signed by ail parties and
· filed.
Babcock noted that in this case the lots are platted out
beyond the Ordinary High Water Level. He suggested either creat ....
lng a dock length variance which could be tied to the easement or - continued
1
Water Structures Committee February 8, 1992
creating a dock use area. Babcock prefers the dock use area
method which does not lay out a dock plan. Foster said if there
is a permanent easement he does riot believe tile District has to
be involved itl Dock Use ¢-tr-eas arid setbacks.
Cochran said a main irrterest is the environmental impact.
Normally the District would not allow a dock beyond 100'.
this case the depth of tile water and access to navi.qable water
can chan~e over the years. He would like to see wordill¢] 'that
permits the dock to exist to open water rather than a specific
length. Bupp responded that tile only way to get to navigable
water would involve going over tile ~etlands.
Slocum questioned ~hether any action taken through the
easement method would have an affect on a future owner of either
property. Grathwol said it should be an arrangemen't which con-
tinues with the property. Foster said he understands a dock
length variance is being proposed subject to tile easement bein.q
i n place.
Grathwol noted tha't at one time Pie represented Don Br'ooks,
the previous owner, and he remembers that Brooks had LHCD's
approval for tile dock as built.
MOTION: Grathwol moved. Foster seconded, to recommend a dock
length variance for geremy Bupp continc~ent oil his maintainirl.q a
seasonal, hand driven dock. with ilo dred.qing or pile driver] dock
which would unduly dama.qe tile wetlands, lhe dock should be
limited to reach open water, riot to exceed 540' 7he var'iar, ce is
conditioned oil a satisfactory arranc~ement with his r, ei~hbor
Strot. " -
DISCUSSION: Cochran said that itl ongoin.q efforts 'to protect
wetlands the committee might come to the conclusion to urge or
r'equire common docks. '
VOTE: Hotion carried.
Thibault explained to Bupp that tile recommendation w~ll be
forwarded to the Board and, if approved, afl Order will be drafted
for approval by the committee and Board. Grathwol suggested Bupp
and Strot retain personal legal advice in drawing up the ease-
ment. Babcock commended the nei~lhbors for working it out.
Excelsior Park Tavern, Excelsior Bay
Fred Bruntjen, representing Excelsior Park 'l'avern (EP'T), de-
tailed the following amenities the EPT is supplyin.q to qualify
for their Special Density arid new dock license: Designated slip
space for use by the Sheriff's Water Pa'trol, outdoor pool for use
by organizations sponsored by tile City of Excelsior, a meeting
room available for public groups at no charge, dockage for 'four
charter boats (approval received from Excelsior Planning Commis-
sion for operation of four small charter boats, filial action by
City Council scheduled for 2/18), handicapped access to the
docks, a lakeside deck pedestrian look out for- the public, the
outdoor lower level deck licensed for food and beverage service,
and a dock attendant on duty. Thibault reported the amenities,
without the charter boat service, total 25 points vs. tl~e 20
points needed for the Special Density License.
2
Water Structures Committee February 8, 1992
Babcock reviewed the history of the dock license for the EP'T
from the approval by the Board 5/90 of A new dock And Special
Density License for 40 sIips. An EAW was procesSed and then
delayed by concerns from the City of Excelsior as to whether
adequate parking existed for the charter boat service amenity-
There have also been concerns as to when the docks would be
r, ebuilt and reconfiqured.
Babcock asked Bruntjen when they plan to build the reconfig-
ured docks. Bruntjen responded that would be in the 'future. The
docks are currently in excellent shape and cost of construction
will dlctate a time schedule.
Lucille Crow, Mayor, City of Excelsior, spoke in favor of
the dock 11cerise- She said the parking problem has been solved
by EPT running a shuttle from an off site location. She also
indicated that the neighbors are satisfied with the I ~H to 5 ~H
restrictions placed on the EP[ by the City.
Babcock expressed his concern about the changes which have
taken place since the original approval for 40 slips was given to
a private club with 50 overnight storage and 10 transient slips.
Grathwol added that of the ~0 overnight, up to 10 were bo be
charter boats. That arrangement did not have approval of the
City of Excelsior because of the parking concerns-
Robert Abdo, representing EPT. said that of the 52 current
slips, 12 are transient, 16 are overnight and 4 are for charter
boats. They do not want to lose the option of overnight storage
although those which are not rented are open for transient traf-
fic.
Babcock expressed his concerns about amending an approved
application. There have been too many changes sii~ce the 40 slip
configuration was approved. He would like to delay any action
until the final approval is received fr-om the Excelsior C~ty
Council. Babcock is also concerned about setting a precedent of
allowing conversion of transient to overnight storage. He would
also like to see a time limit placed on the construction of the
40 slip dock.
MOTION: Foster moved, Cochran seconded, to recommend approval of
the concept that with a 52 slip configuration there will be 20
overnight storage, four of which will be for charter' boats, and
12 slips will be transient. If the 40 slip configuration is
built there will be a maximum of 20 overnight, 4 of which will be
for charter boats, and 20 transient-
MOTION: GFathwol moved. Babcock seconded, to table the discus-
sion. Mo'tion caFried. Cochran votir,~l nay.
4. Multiple Dock Licenses:
1) MOTION: Grathwol moved. Foster seconded, to recommend
appFoval of the following staff recommendations:
RENEWALS ~IT~QUT Q~_N~
A1 & Alma's Supper Club~ Cooks 8ay
Bayview Condominiums~ Spring Park 8ay
Big Island Veterans Camp, Veterans 8a~
Boat Rentals of Minnetonka, Harrisons 8ay
- continued
5
Water Structures Committee February 8, 1992
Boulder Bridge ltomeowner's Assn., South Upper Lake
* Cardinal Cover Beach Assn., Halsted Bay
Cedarhurst Assn., Robinsons Bay
Ch~mo Assn., Ca'sons Bay
Cochran's Boatyards, St. Albans Bay and Excels/or Bay
Crane Istand Assn., West Upper Lake
* Crystal Bay Service, West Crystal Bay
City of Deephaven, Car'sons Bay & St. Lou~s Bay
Eagle Bluff ~ssn., Hatsbed Bay
City of Excelsior, Excelsior Bay
Gayle's Marina, Maxwell Bay
6randv~ew Point, Carsons Bay
Gray's Bay Resort & Marina, Grays Bay
Gray's Landing I'~omeowners Assn., Gray~s Bay
C~ty of Greenwood. St. A]bans Bay & Lower Lake South
Harrison Harbor Twinhomes, Harrisons Bay
Herzog Acres, Wayzata Bay
Jennings Cove Dock Owner-s Assn., gennings Bay
Lafayette'Club, Crys'tal Bay
Lafayette R~dge Homeowners Assn.. Lafayette Bay
Lakewinds Assn., Spring Park Bay
Libbs Bay Boat Club, L~bbs Lake
Loring Acres Beach Assn.. West Upper Lake
Maple Crest, 5ennings Bay
Meadowbrook Boat Club, Libbs Lake & Grays Bay
City of Hinnetonka Beach, Lafayette Bay, Crystat Bay Lower Lake
N o r t h
~nnetonka Boat Works-Orono, Browns Bay & Tanager Lake
Hinnetonka Boat Works-Wayzata, Wayzata Bay
Hinnetonka Portable Dredging, Gideons Bay
* Ninnetonka Power- Squadron, Big Island Passag<~
Minnetonka Yacht Club, Carsons & Lower Lake North
City of Hound
Priests, Cooks, W Upper Lake, Phelps, Btack Lake, Emerald
Lake, Beton Lake, Harrisons, Jennings & West Arm Bays
Richard Neslund. Wayzata Bay
* Ridgewood Cove Property Owners Assn., Jenn~ngs Bay
~rt Rossberg, South Upper Lake
Seahorse Condo Assn., Jennings Bay
*Seton Tw~nhomes, Beton Lake
Victoria Es~ates~ North Arm
Walden Tract X Property Owners Assn., St. Louis Bay
Walters Pore ~ssn., Car'mans Bay
City of Wayzata. Wayzata Bay
Windward Marine, Browns Bay & Tanager Lake
Woodend Shores Beach Assn.. West Upper Lake
* Submittal ~im~,,~or the city certificate expires 2/22/92.
Staff recommends~ubject to receipt of, or expiration of submit-
tal time, fo~ ci'Ey certificates.
- contJnued
Water Structures Committee
February 8, 1992
DISTRICT MOORING AREA RENEWAL APPLICATIONS:
City of Deephaven, Carsons Bay & St. Louis Bay
City of Excelsior, Excelsior Bay
Minnetonka Yacht Club, Carsons Bay
Motion carried unanimously.
MOTION: Foster moved, Grabhwol seconded, to recommend approval
of the following:
NON-RENENING MULTIPLE DOCK LICENSE:
RDP Partners, Spring Park Bay. Spring Park
They have paid $25 to hold their license in abeyance.
will riot be putting in or using thelr docks in 1992.
They
Motion carried unanimously.
Multiple Dock Licenses, Minor Site Plan Changes.
The committee received tile staff recommendations for' approv-
al of certain multiple dock licensees with minor discrepancies
between their approved site plans and their dock structures.
Babcock reviewed the staff report dated 1/21/92.
MOTION: Cochran moved, Foster seconded, to recommend approval of
the following mul~iple dock licenses wi~h minor site plan change:~
as detailed in staff repor~ dated 1/21/92: Driftwood Shores, Harrison Bay
Lord Fletchers on the Lake. Coffee Cove.
Rockvam Boa[yards, Si[e 2, West Arm
Seton V~e~. Seton Lake
Motion carried unanimously.
Howards Point Marina, South Upper Lake Babcock explained
that this Marina has a grandfathered density of' 1:4' When they
rebuilt the docks in 1988. there was a slight increase in slip
size. The question has been raised by Attorney LeFevere as to
whether a 1' increase in width and a 2' increase in length on 13
slips 'that ~ere rebuil[ in 1988 should be considered as insignif ....
ioant changes, or ~hether the slips should be brought back to the
original size. The committee received 2 letters of explanation,
dated 11/27/91 and 2/5/92, from Richard Baker, President Howard's
Point Marina. Hr. Baker could not be present at this meeting.
NOTION: Foster moved. GrathwoL seconded, [o table ~he discuses]on
and ask the applicant to be present ab a fu[ure meeting. Motion
carried unanimously.
New Dock License Applications for Changes
The committee received three new dock license applications
from existing multiple dock licensees for changes that do not
increase slip size or number of watercraft stored. Staff deter-
mined that no public hearing would be required, unless otherwise
decided by the Board.
-. continued
5
Water Structures Committee February 8, 1992
Hethodist Lakeside Assembly, Wayzata Bay, Woodland
The request is to trade 5 moorings from their District
Mooring Area (DNA) License for 5 lifts placed around tile licensed
dock, ~ithin their dock use area. Babcock noted ttlere are two
licenses being considered, one for the DMA and one roi- the nlulti ....
ple dock, with the same totaJ count.
DISCUSSION: Foster compared this ~ith a simi.lar situation
at Shoreline Mar-ina when the OMA was moved into their multiple
dock area. 6rathwol suggested ther-e are two problems in this
situation. One is that the District has the policy of a "har-
bor'' concept for DMAs and to eliminate mooring areas over a.
period of time. Secondly, there is a moratorium ir! effect that
bars making changes when the density is greater than 1:50'
Babcock said the moratorium was continued for Special Density
licenses. This application is for a Mult:iple Dock l_icense which
has a non-conforming density. Grathwol added that if they make
changes they have to make a Special Density application.
Slocum suggested amending 'tile moratoriunl, if necessary, as
this change is good for tile Lake. Foster said if [>HR licensees
want to convert buoys for docks, he would support, but he would
not want new DMA's to try and convert later. He agrees with
Slocum about changing the moratorium to allow the existing Multi-
ple Dock licensees to make certain changes,. Babcock said thaf.:
they amend the moratorium it should be more specific to l)MAs
Slocum added that the applicant has to be aware that if this
change is allo~ed they ~ill not be able to get another
Grathwol spoke 'to remainin.q within the rules which have been
established so people knorr what is expected of them.
MOTION: Cochran said that it; appears that this committee agrees
that this application makes sense and this is a direction they
wish to take, but. tl~er'e are internal procedures, ordinances and
the moratorium that make it difficu.tt.
Cochran moved, Foster seconded, the Committee recommends
directing the staff to study the possibilities of allo~ing
movement from a District Hooting Area to an existing Multiple
Dock License without requiring a Special Density application.
Hotion carried unanimously.
Methodist Lakeside Assembly Application
Cochran moved, Grathwol seconded, to table the request of
the Methodist Lakeside Assembly application. Motion carried
unanimously.
Schmitt's Marina, Excelsior Bay, Excelsior
The application of Schmitt's Marina calls for r-elocation of
slips to the south end of the dock. and to reduce the length of
91' long walkway to 24' per Site Plan 1.
Water Structures Committee
February 8, 1992
Babcock noted the stipulation on the current license prohib-
iting any additional slips to the south was placed 'there because
of the very shallow water. Cochran said the MCWO determined no
dredging should be allowed for expansion of the docks to the
e;outh.
Thfbault no'ted Mr. Schmitt could not be present because he
is out of to~n.
MOTION: Foster moved, Grath~ol seconded, to table the
application of Schmitt's Marina until Schmitt can be present.
The stipulation regardinq no expansion to the south to be re-
v/ewed ~ith the Minnehaha Creek Watershed District prior to any
further discussion. Motion cart/ed unanimously.
West Beach Apartments, Coffee Cove, Spring Park
Application to change the dock len~]th from 8(.~' to 100' with
no change in configuration.
MOTION: Grathwol moved. Foster seconded, to recommend approval
of the multiple dock license application of West Beach Apartments,
to change the dock length to 100'. Motion carried unanimously.
H. Richard Zuckman, Owner, Sandy Beach Place, West ~rm, Orono
Request to add an 8' extension on the main dock for fishing
and water skiing safety.
MOTION: Foster moved. Slocum seconded, to recommend approval of
~ multiple dock license for Sandy Beach Place which will add an
8' extension on the main dock as shown on the si'te plan. condi-
tioned that no boats are to be stored or tied to tile extension.
Motion carried unanimously.
5. Proposed Ordinance Relating to Artificial Lights
The committee received a Stlmmary of the cities' comments on
the proposed ordinance to license docks on sites with artificial
lights directed on tile take. The staff recommends referring this
subject to the Technical Review Committee (TRC).
Grathwol said his experience is that no one can say what is
a good light or a bad light. Coohrmn said enforcement would have
to be by complaint. Grathwol added that ~ttorney LeFevere has a
problem with adoption of the ordinance, questioninq whether the
District has jurisdiction.
There was discussion of various lightin9 around the Lake.
'including lights on vending machines on docks. Grathwol ex-
pressed his opinion that the Orono Ordinance stating "tile Ii,Iht-
lng shall be shielded so that no direct glare can be seen 'from
adjoining residences, from the Lake or from the roadway" is the
best example.
Babcock favored referrinq the matter to the TRC. asking them
to look at it, even though they are not an official body of the
L. MCD. Foster suggesting writing a letter to the TRC. notin~ they
are working with shoreland prob.[ems involving li~]htin9 and a
cooperative effort bM the fourteen cities would be helpful.
7
Water Structures Committee February 8, 1992
MOTION: Foster moved. Grathwol seconded, to table the discussion
of the lighting ordinance. The staff or Chair 'to transmit a
letter to the fechnicat Review Committee suggestin.q a review of
the proposed Ordinance along with the information from the Orono
Ordinance 1n an mt'tempt ~o prepare an Ordinance which could be
mdopted by al1 of the cities. A draft of the fetter to be fur-
nished to Cochran before sending. Hotion carried unanJmously.
6. An Ordinance Relating to Storage of Lake Maintenance Equip-
ment on Lake Minnetonka
Grathwol moved, Cochran seconded, to reconlmend approval of
An Ordinance Relmting to the Storage of Lake Hmintenance Equip-
merit on Lake Minnetonka, Amending LMCD Code Section 2.05, Subdi-
vision 8.
DISCUSSION Babcock questioned whether 14 days, would be long
enough to accommodate the storaoe of tile harvesters at Spring
Park. He suggested changinf] it to a limitation of 14 conse(;utive
days. It was suggested to add "owned by or leased by a goyern-
mental agency" to the descr/ption of the equipment included in
the ordinance. There was discussion of the requirement., mi)out
storing in a dock use area with permission of the o~ner.
MOTION: Foster moved, Grathwol seconded, to table the proposed
ordinance and direct Staff to redraft for further clar/f:ication.
Motion carried unanimously.
7. Policies and Procedures Subcommittee recommendations.
The committee recelved a summary of administrative recommen-
dations and proposed code amendments from the Policies and Proce-
dures subcommittee with additional staff recommendations.
MOTION: Grathwol moved~ Cochran seconded~ to recommel~d approval
of the proposed Code (~mendments.
DISCUSSION: Babcock reviewed the administrative recommendations,
noting many have been accomplished by changes in application
forms. The changes assist in better coordination of internal
policies. Bmbcock suggested the staff recommendation for Special
Event Licenses be referred to the Lake Use Committee. There was
discussion of deicing applications, to allow the' executive direc---
tot to issue deicing licenses subject to Bomrd approval. It was
pointed out that when there is an early quick freeze, such as
occurred this year. there is a need to begin deJcinq before a
Bomrd meeting is scheduled.
MOTION ~8 ~MENDED: 6rathwo] moved, Cochran seconded, to recom-
mend approval of the proposed Code amendments in the 1/50/92
report of the Policies and Procedures Sub(:ommittee, to recommend
approval of the administrative recommendations with the following
exception and change: The reoommendatior, on Speoiat Event L~-
tenses to be referred to the Lake Use Comli~ttee. ~i'th reference
to Deicing appt/oations, the executive <lirector be given the
authority to issue a deicing license, subjact to Board approval.
Mot/on carried unanimousty.
The staff 1~ to prepare a method of issuing the de&o~nq tioense~
in the interim between Board meetings.
Water Structures Committee
8. Deicing Licenses
February 8, 1992
~IOTION: Cochran moved. $1ocum seconded, to recommend approval of
the following:
A. New applications:
L. eno Mikenas. St. Albarls Bay~ Greenwood
Dan Hessburq. Priests Bay, Hinnetrista (Discovered by
~,later Patrol, deicing without a permit. He was giver] 48 hours to
apply and to put fence and lighting in place. This has been
done, except he needs thin ice signs.
B. Deposit Refund of $100 to Excelsior Par'k Tavern, Excel-
sior Bay, Excelsior (dec:ided not to deice)
Hotion carried unanimously.
9. DNR Restoration Order to Gayle's Harina Corporation
For their information, the committee received a copy of an
Order issued by tile Commissioner of the Department of Natural
Resources addressed to Gayle's Iflarina Corporation detailin.q the
requirements to be met because of Gayle's unauthor:ized excava-
tion, filling arid placement of structures below tile OHWL.
10. Request from Tonka Bay Regarding Unrestricted Boats
The City of ]'onka Bay has indicated they would like to add 8
slides for- boats of J6' or less with 10 hp motors or less to
their Hultiple Dock License. Thibault said LeFevere advised her
unrestricted boats would not add to a licensee's density but if
added to their Multiple Dock License ~ould have to be counted as
Boat Storage Units and Watercraft Stor-a~e Units.
Babcock pointed out there are inconsistencies as to how the
unrestricted (not counted) boats are handled in different circum-
stances. Examples were Rockvam Boat Yards where small fishing
boats on slides are nO.t counted because they are an amenity,
Deephaven where watercraft on slides are counted, Hinnetonka
Yacht Club where small dinsTys on slides are counted. Thibault
said this is a subject which requires study be¢ore any action is
taken. She notes inconsistencies among the different licensees
with slide storage.
The committee discussed various situations on the Lake.
actual and potential, how to police the unrestricted watercraft
when it comes to fi~urinq the fees for the Watercraft Storage
Units, the difference between a platform over the water used to
store boats vs. slides partial.ly in the water and partially on
shore, how to handle dry stacki~g of canoes on racks.
Babcock ~ould like to see a definition of unrestricted
watercraft which says watercraft of 16' or less with motors of 10
hp or less and unmotorized canoes 20' or less. He would want
them to count for BSU and WSUs but not toward a Special Density
License.
It became apparent there are a number of items which need
clarification, fhibault and Babcock wilt summarize the discus-
sion and report at a future meeting.
9
Water Structures Committee February 8, 1992
11. Carlson Property, Halsted Bay
Cochran reported he attended a meeting with the DNR, MCWD,
and attorney, engineer and contractor for Carlson Real Estate Co.
There is approximately 7,000 feet of shoreline with a large
wetland area involved in a potential development. Tile committee
discussed the developer's proposal to re-dredge a channel in tile
wetland to allow access to the shoreland, and what should be
considered in the way of multiple docks or individual docks.
There will be a meeting on 2/19/92 at 10 A.M. at the Shore-
wood City Hall and members are welcome to attend to Get a feel
for the proposal.
12. High Water
Cochran expressed concern about the potential for higll water
this year and how it will be controlled by the MCWD.
ACTION: It was tile consensus of the committee to recommend to
the Board adoption of a Resolution expressing concern over exist ....
ing and potential flooding on the Lake. Tile concern to be for-
warded to the MCWD.
13.
Adjournment
The meeting was adjourned at 10:45 A. M.
FOR THE COMMITTEE
Eugene Strommen, Executive Director
10
FEB 2 ,i 992
LAKE MINNETONKA CONSERVATION DISTRICT
Regular Meeting
7=30 p.m. , Wednesday, January 22, i992
Tonka Bay City Hall
DRAFT
CALL TO ORDER
at 7:50 p.m.
The meeting was called to order by Chair Cochran
ROLL CALL
Members Present: Bert Foster, Deephaven; James Grathwol, Excel-
sior; David Cochran, Chair, Greenwood; Robert Pillsbury, Minne-
tonka; Scott Carlson, Minnetrista; Thomas Reese, Vice Chair,
Mound; JoEllen Hurr, Orono; Douglas Babcock, Secretary, Spring
Park; Tom Penn, Tonka Bay; Ouane Markus, Wayzata. Also Present:
Charles LeFevere, Counsel: Sgt. Wm. Chandler-, Sheriff's Water
F'atrol; Rachel Thibault, Administrative Technician; Eugene Strom-
men, Executive Director.
Members Absent: Jan Boswinkel, Treasurer, Minnetonka Beach;
Robert Rascop, Shorewood~ George C. Owen, Victoria; Robert Slo-
cum, Woodland.
BOARD MEMBER INSTALLATION; Charles LeFevere administered the
Oath of Office to William A. Johnstone, Minnetonka representa-
tive. Johnstone was welcomed and seated as a Board member.
Chair Cochran, on behalf of 'the LMCD Board of Directors,
recognized tile services of retiring Board member Robert Pills-
bury. He noted Pillsbury has served on the Board since the
inception of tile LMCD, twenty-five years ago and served as Chair
from 197~ to 1976. Pillsbury indicated he will be available to
help. Cochran said there will be additional recognition at the
"Save The Lake" banquet.
CHAIR ANNOUNCEMENTS:
Cochran stated tile LMCD is at a 'turning point, lhe Manage-
ment Plan is in place. There will be new things that need to be
done. Cochran called on all members to do their homework in
preparation for meetings and to attend the meetings of tile com-
mittees they have selected. It is his expectation that the proc-
ess of committee review and recommendation will facilitate 8card
deliberations.
CONSENT AGENDA
Tile following agenda items were presented for approval in
one motion unless removed for discussion:
2 ~ater Structures Committee Recommendations
C. Deicing Licenses
1) Renewal application for Reid MacDonald, Lafayette Bay
2) New application for Diane E. Benson, 1080 Wildhurst
Trail, Mound, Forest Lake.
5) Deposit refund of $.100 to Doug Waldoch, West Arm
(Removed boat and dock, did not deice)
1
LMCD BOARD OF DIRECTORS January 22, 1992
E. Multiple Dock Licenses
1) Renewal applications per 1/11/92 committee minutes
2) Renewal application with minor change:
a. PM Pizza Enterprises, Seton Lake - New Name
Reclaimed by former owner, Delores McGinnis
b. Tonka Bay Marina, Lower Lake South - new owner,
W. Inc.
~) Refund of application fee overpayments~'
a. Grandview Point, $30
b. Grays Bay Resort, $12
3. LAKE USE COMMITTEE RECOMMENDATIONS
C2) De~x3sit Refunds of $100 each:
a. Consolidated Race Schedule 1991 Season
b. Upper- Minnetonka Yacht Club 1991 season
DISCUSSION: Babcock noted thaL item 2El) referred to ti'me commit-
'tee minutes which have not been approved.
MOTION: ~rathwol moved, Reese seconded, to approve the consent
agenda with the exception of item 2El). to be discussed during
the Water Structures committee report. Motion carried, Hurr and
Markus abstaining.
READING OF MINUTES: Grathwol moved, Reese seconded, to approve
the minutes of the 12/4/91 Board meeting as submitted. Motion
carried, Carlson and Johnstone abstaining because they were not
present.
PUBLIC COMMENTS: There were no comments from persons in attend-
ance not on the agenda.
COMMITTEE REPORTS
1. ENVIRONMENT
A. Eurasian Mater Milfoil Task Force, Chair Reese
1) Hennepin Parks Proposal to Establish a Nater Sampling
Laboratory.
Reese referred to a communication from ~ohn Barren, Water
Quality Manager. Hennepin Parks, dated 1/2/92, in which an in-
house Parks laboratory for water quality sampling would be imple-
mented to avoid using commercial laboratories.
Reese stated that the LMCD Management Plan highlights the
fact that the waber quality of the Lake is uncertain because of
the small number of tests being done. The Minnehaha Creek Water-
shed District (MCWD) is doing sampling but, because of cost, the
MCWD testing has not met the conditions called for in the Plan.
Reese said the Hennepin Par'ks' proposal has the potential for
reducing the cost and would give better control over the testing.
MOTION: Reese moved, Grathwol seconded, that the Board
express its intent to use a laboratory as proposed by Hennepin
Parks if it is competitive and done in cooperation with the
Minnehaha Creek Watershed District.
2
LMCD BOARD OF DIRECTORS
January 22, 1992
DISCUSSION:
Hurr expressed her objection to the proposal because she
does not believe the public sector tax dollars should be involved
in competing with private sector business. The laboratory would
be heavily supported by tax dollars because of the use of StaFt
up funds from the Legislative Commission on Minnesota Resources
(LCMR). She stated that if: Henrlepin Parks wan'ts to proceed, the
taxpayer cost should be included in the cost factoring. Hurt
knows of many private laboratories which do 'this type of testing.
Hurt does not agree with Batter's statement that the private
sector testing has not been good. She believes any testing
method can be challenged. 14urr also does not agree with tile
statement that the laboratory could be used for educational
purposes. In her opinion there are other agencies available to
offer educational opportunities.
Reese said he respects 14urr's position, but he would 'favor
any method which wit1 provide money for Flatters involving 'the
Lake.
Thomas Maple, MCWD Director, said he concurs with HUFF'S
statement. He does not beliew~ the Hennepin Parks proposal goes
far enough in the need for water quality sampling. The MC~D is
currently testing 26 areas in its district. ~here are water
quality problems in the upper watershed. Those areas are as
important as the Lake. The Minr, esota Pollutiorl Con'trot Agenoy ie;
working oil Environmental Protection Agency StoFm water Fun off
rules. Water quality monitorir,.q is an important part of 'that
study. Maple said it is his belief that the LMCD will ultimately
handle storm water run off. In that case a laboratory is a
necessity. /he present MCWD engineer has a laboratory but it may
not be adequate for future needs. Maple said the agellcies should
come together to serve the broader picture of water quality
testing and management.
Cochran said the Management Plan calls for appropriate water
testing on the Lake. The MCWD, LMCD. DNR. EPA arid MCPA all seem
to be involved in some way. Cochran believes one ageracy should
be charged with the collection and testing. In bis judgment it
should be the MCWD. It also seems that whoever is doing it, the
same laboratory should be used for consistency. Cochran also
does not want to see more tax money spent on bureauracy.
Babcock expressed his concern as to whether Hennepin Parks
is tile agency to do the testing at this time.
Hurt called the 8oard's attention to the fact that, in
taking such action, the LMC{) would be co--spor]soring the grant
application to the LCMR.
Foster said he has not been persuaded that there is good
competition in the private sector, but if there is the LMCD
:should stay out o'f' the proposal.
Nell Castagne, Lake Minnetonka Lakeshore Owners Association
(LMLOA), said there are better uses of LCMR money for the Lake
than this proposal.
VOTE: The motion failed with two aye votes, seven nay and one
abstention, Grathwol and Reese votin§ aye and Babcock abstainin§.
5
LMCD BOARD OF DIRECTORS January 22, 1992
2. Proposed Bill Authorizing Hennepin County Expenditures.
The Board received a revision of S.F. 1694, authored by
Senator Judy Traub, which calls for an authorization for Henne-
pin County to expend funds to improve and maintain lake quality.
The EWM Task Force notes that Hennepin Courlty Commissioner 3ude
believes the revised version meets the need tile County is seek-
ing. Ramsey County already has such authority, but other coun-
ties in the State do riot. The bill could be broadened to cover
additional counties. A companion bill in the House is being
sponsored by Representative Ron Abrams. A draft resolution in
support of S.F. 1694 was introduced by Babcock, with assistance
from Senator Traub.
MOTION: Babcock moved. Foster seconded, to adopt Resolution
No. 80, Supporting S.F. 1694.
VOTE: Motion carried unanimously.
~. Chair Report
Reese announced that he has asked to be. relieved of the
Eurasian Water Milfoil Chair assignmer}t. Fie was not able to stay
for the entire 1/17/92 Task Force meeting and turned 'bile report-
lng over to the executive director.
The executive director highlighted the presentation by Gary
Montz, DNR Zebra Mussel specialist. There ~as discussion of: the
loss of the reconnaissance report funding from the Corps of
Engineers, which would have assisted in state-wide EWM control
programs. The recreational need for Minnesota lakes ~as judged
not a sufficient priority.
Hurt expressed thanks and appreciation of the Board to Tom
Reese, noting his faithful work from the inception of the Milfoil
program, through the purchase of the harvesters and program
development, to the present time.
4. Other.
Foster reported he attended a meeting on the use of SONAR to
possibly eradicate EWM. A Michigan specialist stated his aston-
ishment at Minnesota's awareness arid action to control the Mil-
foil problem. Foster said Reese should have credit for that.
2. WATER STRUCTURES, Chair Grathmol
A. Approval of Minutes. GrathwoI moved, Reese seconded, to
approve the minutes of the Water Structures committee meeting of
1/11/92 as submitted. Motion carried unanimously.
B. Moratorium Ordinance #106
Grathwol stated Ordinance ~106, Interim Ordinance Restrict-
ing the Licensin...o, Construction and Maintenance of New Commercial
and Multiple Docks is scheduled to expire 1\~1\92. The commit-
tee recommended extending the ordinance for one year, to 1\51\93,
to allow further Management PIan implementation studies.
4
LMCD BOARD OF DIRECTORS
January 22, 1992
Grathwol then presented a draft of an Ordinance which is a
revision of Ordinance ~lO&. Grathwol called attention to the
words "special density license" in Section 2.01. lhis draft
Ordinance extends .the moratorium only as it affects special
density licenses. The moratorium would not apply to multiple
dock license applications as long as they meet the 1:50'~ rule.
Babcock asked that the last sentence of Section 2.01 be
changed by adding .... "or watercraft storage u~its"....to the
end. lhibault said WSUs are based on slip size so it is esser~-
tially the same thing. The executive directop explained that a
mapina might modify a slip size slightly, resulting in a change
of, for example, one-half of a unit, but not affect the density.
Foster said he is opposed to not allowing minor adjustment.
Grathwol explained this ordinance refens only to new special
density dock licenses. Minor adjustments can still be made which
will not affect slip sizes or boat stopage units, if this Ordi-
nance was adopted.
MOTION: Babcock moved, Hurt seconded, to add, "on water-
craft storage units to the last sentence of Section 2.01.
VOTE: Motion carried, Fostep voting nay.
MOTION: Foster moved, Penn seconded, to further change the
last sentence of Section 2.01 to read: No modifications or
alterations of facilities described ii] this paragraph shall I)e
permitted which result in
any more than a mi~or adjustment.
DISCUSSION: LeFevere said the original lar, gua~e came fi-om
the Special Density License Code description. The new moratoFium
would only affect those maFinas with a density of more than 1:50'
which are grandfatheFed. He does not believe it will happen very
often. Narkus asked what would deter'mine a minoF change. Hurc
pointed out this chan~es the sentence just amended.
VOTE: The motion failed with only Foster voting aye.
By consensus, the Board removed the word "Comprehensive" in
Sections 1.02, 1.0~ and 1.04 for simplification.
MOTION: Hurt moved, Babcock seconded, to waive the second
and third reading of the Ordinance and to adopt the Ordinance.
effective upon publication.
VOTE: Notion carried una~imously.
b. Feasibility Study Regarding Excluding Wetlands from
Multiple Dock License and Boat Storage Requirements.
MOTION: Grathwol moved, Cochran seconded, to approve the
recommendation that staff prepare a feasibility study as to the
ramifications of excludin..q wetlands from the multiple dock li-
cense and boat storage requir-ements.
DISCUSSION: Grathwol believes that wetlands should not be
counted when applying the 1:50' rule for boat storage density.
Babcock recommended the study should include 'the 1:10' Special
Density rule.
VOTE: Notion carried unanimously.
5
LMCD BOARD OF DIRECTORS January 22, 1992
c. Proposal for a Sub-committee to Evaluate Need For
an Ordinance to ControI OutIots with Respect to Boat Density and
Storage.
The committee recommended that a sub-committee to include
the 14 cities be appointed to evaluate the need for an or-dinance
· to control outlots with respect to boat density and storage.
DISCUSSION: Grathwol explained this is an attempt to focus
on land use planning and platting. It is a subject of controver-
Hurr suggested this subject be referred to the Technical
Review Committee (TRC) which is working on the shoreland rules.
Carlson said this affects the City of Minnetrista more than
any other city as they have the most land to develop. He wants
to make sure the technical issues are thoroughly considered and
evaluated.
Cofhran agreed with Hurr that th~s could be a subject 'for
study by tile 'IRC. The execul-ive director said the 1RC will be
meeting in the near future and it would be appropriate to bring
this up to them.
Babcock suggested adding ~he lighting on the Lake issue
the TRC for consideration- It was agreed not to do so at this
time.
MOTION: Cochran moved, Reese seconded, to direct the LMCD
staff to refer ti'lis matter to the Technical Review Committee.
VOTE: Motion carrled unanimously-
D. DNR Proposed Access on Maxwell Bay.
The Board received the committee recommendation to support
the ONR proposal as stated in their letter of 1/9/92. Subse-
quently the DNR reiterated their proposal of 1/9 in a letter
dated 1/16/92. The proposal calls for exercising the option to
purchase the Straley property, east of Lakeside Marina. The DNR
also proposes to study the feasibiI/ty of acquiring Gaytes Mai-i-
r~a, and the privabe and oommercial property betw,~en Gaytes Har'ina
and ~he Straley property. The DNR Agrees to postpolle developments
of the Straley site until a cooperative effort between the City
of Orono. the L~ICD and DNR to study the feasibilitY is compleLed
or determined infeasible-
The Board discussed the plan at tength-
Hurt displayed the proposed site plan for Proposat I which
showed 70% hardcover on the property. DNR shoreland rutes re-
quire each city to limit land development to 25~ hardcover. Hur-r
believes the DNR should foltow the same rules tha,~ a private
party has to follow.
Responding ~o ~ question from Cocnran. Tom Hap.',e. HCWD. said
the ~CWD has a 25~ - 35~ hardoover limit in their 509 Plan.
Maple added the DNR accepts treatment: of run off on the si~e
through development of holding pond~;. He belie/es the LHCD.
should hold any Haxwell Bay site to the same standards as were
used on the Gray's Bay causeway devetopment with public rest-
rooms, pondinq areas and landscaping-
Cochran would be comfortable in approving the proposal
subject to any site plan meeting the requirements of all affected
agencies.
LMCD BOARD OF DIRECTORS January 22, I992
In response to a question from Markus as to how Urono feels
about the proposals. Hurr said Oror~o would also prefer to hold
the DNR to their hard cover' standards. Orono would like to see
the DNR acquire Gayle's Marina a~d the adjoining gas station.
The City feels the profess should staPt with Gayle's Marina and
work toward the east.
Babcock expressed dissatisfaction with the site plan, and
the problem with road access. He sugqested delaying action.
Foster said he supports the concept of the 1/16 letter
without the purchase of the Str'aley property.
Carlson noted the LMCD has just adopted its Management Plan.
The whole process is being confused by this DNR action, rather
than developing a logical process. It is his concern that re-
gardless of all else, the Straley site will be developed.
Grathwol said he sensed the Board supports the letter of
1/9, paragraphs 2 and 5, but does not, at this time, have enough
information to recommend the DNR purchase the Straley property.
Hurt suggested saying LMCD does riot support the purchase of the
Straley property at this time. Reese said it is his opinion the
DNR is going to buy the property. He believes the LMCD should
support the whole proposal. Carlson suggested that if the Board
· feels the DNR should not buy the property,, the Board should say
'that.
MOTION: Hucr moved, Foster seconded, that the LMCD Board
support a cooperative effort to address land use issues and
access to the Lake 'through a committee consisting of the E)NR,
LMLOA, LMCO, all Lake cities and other affected orgal]izatior~s,
and request the DNR not to puPcllase the Stralev property because
it is riot consis'tent with star, daPds for- development.
DISCUSSION: Nell Casta~lne said the LMLOA supports the part
of the proposal which includes Gayle's Marina but cannot support
picking up the option on the Stralev propePty.
VOTE: The motion carried, Reese voting nay.
E. Multiple Dock Renewal Applications
Grathwol moved, Babcock seconded, to approve the multiple
dock license renewal applications per the 1/11/92 committee
minutes. Motion carried, Hurr abstaining.
LAKE USE COMMITTEE, Vice Chair Foster
A. Approval of Minutes. Foster moved, Grathwol seconded,
to approve the minutes of the 1/15/92 Lake Use Committee meeting
as submitted. Motion Car'Pied unanimously.
B. Public Hearing Report and Resolution Regarding Liquor
License Application Fees.
Foster moved, Grathwol seconded, to approve Resolution No.
81, Establishing Liquor License Application Fees for" the Sale of
LiquoP on the Lake, supersedinq Resolution ~.54, as Pec, ommended by
the Lake Use Committee following a Public Hearing on 12/4/91.
Motion carried unanimously.
LMCD BOARD OF DIRECTORS
January 22, 1992
C. Special Events
1) New applications, recommended for approval contingent on
Water Patrol permit approval and stipulations:
a. Westonka Snowblazers "Fun Run" snowmobile oour'se between
bars near the lake, on Friday and Saturday, 1/51/92 and
b. Ehlert Publishing Group. Inc.. Wintertainment, Super
Bowl media and corporate group winter- recreation event at the
L. afayette Club, Thursday - Saturday, 1/'25, 1/24 and 1/25/'92.
c. The Special Event application of Mike and Jorja Lynn,
Browns Bay, Wayzata for a Super Bowl brunch has been withdrawn by
the Water Patrol and LMCD staff for consideration because the
Lake use has been substantially reduced. The Lynns are entitled
to the refund of ttleir deposit arid late fees.
Add to List for approval - received after the Lake Use meeting.
d. Northwest Tonka Lions Club, Westonka ~inter Sports Fest,
Sprinq Park Bay, 2/1 and 2/2/92.
Thibault reported their request to sell beer from a tent o~l
the Bay has been denied. LMCD is only authorized to issue liquor'
licenses to charter boats. LeFevere verified.
Greg Price, Northwest Tonka Lions Club, said they ~ould
still like to have the tent on the ice. The purpose of the event
is a fishing contest aimed at childr'en. 'They plan to serve 'food
and pop from the tent.
The executive director said the District has not had an
event where food was served on the Lake. He questioned liability
and health concerns. LeFevere said if anyone had jurisdiction it
would be the County, unless the event were within the limits of
city.
Babcock asked LeFevere about the possibility of issuing a
non-intoxicating beer license. LeFevere said it would requir'e
code ~mendment. Price said they would like to serve the beer on
land, if possible.
MOTION: Foster moved. Grathwol seconded, to approve 'the 5 new
Special Event applic~bions sub.~ect to Water Patrol permits and
stipulations.
Motion carried unanimously.
D. Save the Lake Recognition Dinner
The Board concurred with 'tile Lake Use Committee recommenda-
tion 'for the Water Patrol ¢4ward recipient- Coct,ran explained th(~.:
Save the Lake Recognition Dinner has been an on-going event since
the establishment of the LMCO. Board members are LMCD guests,
but are responsible for their .quest's dinner. He urged making
reservations earlY as space :i~.~ limited to 90 pers¢~ns.
E. Water Patrol Report
Sgt. Chandler reported 'the following changes in the report
since the Lake Use committee meeting:
B
LNCD BOARD OF DIRECTORS
January 22, 1992
* There have been 21 throuclh-the-ice accidents, 29 total in
the county. ~ car and a snowmobile wen't: 'through at the Arcola
Bridge. The largest number have gone through at Zimmerman Pass
and Coffee Cove.
* Thefts from and of fish houses are up ~o 27.
* There have been 8 stolen snowmobiles.
* Most thefts have been on the west side of the Lake.
* Chandlem- reported tt~e Westonka Snol)lazers have mos~ of
the city permits for their "Fun Run". The Water Patrol has met
with ~hem to develop an alternaCe course. They have been respon--
sive.
* The Ehlert Publishing Group, ~nc., Win~ertainmen~, has
used three del)ut/es to f:ind a sat:e snowmobile oour-se.
* Chal~dler has met with Denis Bailey, County Lakes Improve-
merit Supervisor. They have been updating the Lake rules which
are included on the County Lake map. An updated map will be
provided this year.
G. "Hinnehaha" Streetcar Boat Fund Raising Options
Pillsbury and the executive director submitted a r'epo~-t to
the Board on options for raising funds for the "Minnehaha"
Streetcar Boat restoration. The report proposed that the 1992
Save the Lake fund campaign include the "Minnehaha" Streetcar
Boat as a choice with 'bhe item to be provided listed. The report:
listed ~tems fo~ ~hich specific sponsorship is being requesbed.
Zt is proposed the LHCD ~ould commit, on behalf of Save the Lake,
to fund equipment in the amount of $5,000 for item(s) selected,
~ithin the t~me limit required by the HN Tnansporta'~on Huseum.
Foster asked about the t~me frame for making the donation.
The executive d~rector said i~ ~ould be h&s recomnlendation to
make the dona'b/on after one year. ~f the $5.000 is not raised
through donatlons, the d~ffer'ence could be paid from the Save the
Lake genenal fund. Penn asked if the funds donated to the Save
the Lake Fund are designated for a specific use and kep~ in
sepanate accounts ~ithin the Fund. The executive director said
they are not designated for a use at Eh~s t~me, but are kept in ~t
separate account. The use of the funds ~s at the Board's discne-
lion.
Cochran suqqested selecting an item from the t~st. ~f the
Boand is inclined ~o make. a donation. Pillsbur'y suggested the 24
lo,er deck seats.
~OTZON: Huff moved. Coohran seconded, [o include the option
on the Save the Lake 'fund campaign card. specifying the "H[nneha ....
ha" Streetcar Boat, 24 lower deck seats, to be manked with a
plaque to ~ndicate the donation by the Save the Lake Fund of the
LHCD. The MN Transpontat~on Huseum to be advised the doral/on
~ill be $5,000 and tt~e fund raising ~s to be for one year.
LMCD BOARD OF DIRECTORS January 22, 1992
DISCUSSION:' Reese said usinq this method of collecting the
funds will dilute donations for milfoil control. The Save the
L. ake Fund has sufficient fullds from which the entire $5.000 could
be forwarded to the "Minnehaha".
VOTE: Motion carried, Reese voting nay.
4. FINANCIAL REPORTS, Executive Director Strommen for Treasurer
Boswinkel.
A. Statement of Cash Transactions, month ending 12/51/91
Hurr moved, Foster seconded, to approve the statement of
cash transactions for the month ending 12/51/91. Motion carried
unanimously.
B. Audit of Vouchers
Grathwol moved, Babcock seconded, to approve 'tile payment
bills in the amount of $57,510.52, checks numbered 8282 'throu~,;lt'~
8554. Motion carried unanimously.
C. Pay Equity Report.
The executive director reported he and Joan Hansk worked on
the Pay Equity Report, a S'tate requirement, lhe report conclude:is
that compensation tile LMCD is payinq is non-discriminatory and
comparable for 'the various job classifications.
DISCUSSION: Foster sugqested the Board engage a personnel
consultant to review the report. He said there are really tectlni-
calities.
Carlson suggested filing the report. If there are any
concerns by the State a consultant could be engaged if needed.
He said Hinnetrista decided not to spend any additional money
researching the report requirements.
Cochran said hi~ only concern is whet~mr there are con:se-
quences. He thinks the executive director's points are low
comparison to other comparable positions.
MOTION: Carlson moved, Reese seconded, to approve the pay
equity report as completed by staff and order it forwarded.
VOTE: Hotlon carried, Foster voting nay.
5. EXECUTIVE DIRECTOR REPORT
A. Fourth Quarter and Year End Financial Report
The executive director presented tile Financial report as of:
12/"51/91. He r-eviewed .she figures on a li,~e item basis.
MOTION: Reese moved, Babcock secznded, to approve the
12/~1/91 fl.nancial repo'-t as submitted. H(,tion cz~l-ried unani-
mo us 1 y.
8. Auditor
Grathwol moved. Carlson seconded, to em:oloy Duane $chibilla
to conduct the 1991 audit at a cost of $750 with a $250 contin-
gency allowance. Motion carried unanimously.
10
LMCD BOARD OF DIRECTORS January 22. 1992
UNFINISHED BUSINESS
A. Conflict of Interest Policy Statement
The Board received the proposed conflict of interest policy
statement as developed by the sub-committee.
Markus said. in his jud.qment, the statement is not specific
enough. He cited as an example his opinion that Board members
Babcock, Foster and Slocum have a confi/ict when, as members of
the Wayzata Yacht Club. they vote on m~tters involving the Club.
He stated that. as a neighboF of the Wayzata Yacht Club. i, he
foresaw a conflict in his vote he would not vote if the Club
members did the same. 6rathwol responded that he thought it is
incumbent on members to vote in those cases where a conflict is
not totally evident. Hurt said she pressed the argument with the
sub-committee to make the policy more speoific, but the sub-
committee members did not agree.
MOTION: Hurt moved, Grathwol seconded, to approve the
Conflict of Interest Policy Statement as submitted.
VOTE: Motion carried, Markus voting nay.
B. Management Plan Contract
Tile executive director presented a listing of the work David
Arndorfer agrees needs to be fulfilled to complete his contract
with the LMCD for preparation of tile Manaqement Plan.
In response to questions, the executive director said the
work could be completed within the next several weeks. The
amount of the Bart Engineering claim, for which a release is
requested, is $1,756.46. There are no other outstanding claims.
The executive director anticipates ordering more than the 200
copies mentioned so there are sufficient copies to meet the
public needs. The amount owed Arndorfer Associates is $5,000.
MOTION: Hurt moved. Babcock seconded, to approve completion
of the contract with Arndorfer Associates subject to meetin.q tile
conditions of the letter dated 1/14/92. Separate checks are to
be issued to Arndorfer Associates, Bart Engineering and the
printer. Motion carried unanimously.
C. Personnel Review and Staff Salary Adjustments.
The executive director submitted the salary adjustments for
the staff as recommended by the officers and committee chairs.
MOTION: Hurr moved, Babcock seconded, to approve the per-
sonnel salary adjustments at 4% for the administrative staff
except 6.5% for the part-time bookkeeper. 5% for the executive
director, and adjustments in health insurance rates as recommend-.
ed by the officers and committee chairs, the adjustments to be
effective 1/1/92. Motion carried unanimously.
The executive director expressed tile thanks of the staff to
the Boar-d for' their consideration.
LMCD BOARD OF DIRECTORS January 22, 1992
NEW BUSINESS
A. Board Retreat
The Board received a proposai from Cochran and the LMCD
officers that, in view of tile appointment of new Board members,
it would be appropriate to hold a retreat to strengthen Board
members' effectiveness as a collesive public poticy making body.
The retreat is proposed for a Frldav evening through Saturday
afternoon.
Grathwol said he supports the concept of the retreat but
uncomfortable with the expendit;ure of tax money.
Hurr said the same objectives could be obtalned by Ilolding
two one day sessions with a period of time elapsing be'tween them.
That would eliminate the over night lodging costs. HuFr suggest-
ed spending the first day reviewing the history of the LHCO. ]he
second day could be spent on developing the ideas preseRted
the first day.
Penn agreed tha't the purpose is a good one. He suggested
the first day could be spent brin¢in~ the new members up to speed
on current developmen'ts. The second dav could be used to devetop
team building. He does not believe an over hi,lit is necegssary.
Markus agreed on the concept. He suggested eliminating the
dinner cost by the participants paying their own.
Carlson asked about observin~ the Open Heeting Law. LeFe-
vere responded that the meetings would have to be posted.
Reese suggested LeFevere go through the ordinances as part
of the program-
Grathwol suggesting including the Prosecutinq attorney in
the pro,ram.
MOTION: Hurt moved, Grathwol seconded, to have staff
present a proposal for a two day ~oard retrea't with some time
betweea the sessions, the purpose to be an orie~tation, update
and discussion of lon¢ range planning- Hotion carried unanimous-
ly.
B. Committee Structure
Cochran presented a plan for reorganizing the standing
committees. His proposal recommends:
L~KE USE ~ND RECREATION, Chair Foster
WATER STRUCTURES. Chair Babcock
ENVIRONMENT. Chair Hurr.
'Task Force on Eurasian Water Nilfoil and Exotics, Chair
Penn
BOARD ~DHIN'[S'rR~]ION. Chair Ras, cop
SQVE I'HE LAKE FUhlD[NG. Cllair' S[ocum
L~KE ~CCESS. chair Grathwot
MOTION: Cochran moved. Penn seconded, to approve the 1992
Committee Structure Outline as submitted-
DISCUSSION:. Cochran stated the detail work of the Board has
to be done in committee, it would be his hope that most of the
12
LMCD BOARD OF DIRECTORS January 22, 1992
time tile Board would respect the recommendations of the commit-
tees. He would like to see more items placed on tile consent
agenda. He recommends the members come to the meetings prepared
and that they visit the sites under consideration.
Babcock added it witt be important for the members to i-e-
ceive the material in a timety fashion. The executive director
said if the structure develops into six or seven committees it
will be necessary to get the minutes out as early after a meet-
ing as possible. This may soon require additional
secretarial/recorder staffing.
VOTE: Motion carried unanimously.
Cochran distributed a sheet for members to indicate the
committee(s) they wish to serve as voting members. The sign-up
sheet also included a statement of Committee Service Poticy.
ADJOURNMENT
Chair Cochran declared the meeting adjourned to Executive
Session at 10:~O p.m. at which time the Board continued in Execu---
tive Session 'to consider Litigation.
David Cochran, Chair
Douglas Babcock, Secretary