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1992-10-13
C~]{ OF MO~) ~q~ON ~A~~~- 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 MF. ETING 7:30 P.M., TUESDAY, OCTOBER 13, 1992 CITY COUNCH. ~ERS Se ® e 10. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE SEPTEMBER 22, 1992 REGULAR MEETING AND THE SEPTEMBER 29, 1992, COMMITTEE OF THE WHOLE MEETING. PG. 3415-3425 pUBLIC HEARINO: APPLICATION TO CONSIDER A CONDITIONAL USE PERMIT FOR THE TORO COMPANY AT 5330 SHORELINE DRIVE TO ALLOW CONSTRUCTION OF ANACCESSORY STRUCTURE CONSISTING OF A BULLET HEATER TEST BUILDING· PG. 3426-3451 PUBLIC HEARINO: APPLICATION TO CONSIDER A CONDITIONAL USE PERMIT AMENDMENT FOR THE TEEN CLUB AT 2313 COMMERCE BLVD. TO ALLOW A POOL TABLE AND 13 VIDEO MACHINES ON THE MAIN FLOOR. PG. 3452-3468 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FOR OUR LADY OF THE LAKE CHURCH - RAFFLE 11/15/92· PG. 3469-3470 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $16,210.69 FOR 1976 WATER REVENUE BONDS. PG. 3471 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $15,957. PG. 3472 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 IN THE AMOUNT OF $15,570. PG. 3473 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,089. PG. 3474 3413 11. RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 IN THE AMOUNT OF $12,900. 12. RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION IMPROVEMENT BONDS OF 1984 IN THE AMOUNT OF $14,796. 13. RESOLUTION ESTABLISHING THE PROCESS OF INTERVIEWING CANDIDATES FOR ADVISORY COMMISSION APPOINTMENTS. 14. PAYMENT OF BILLS. 15 · INFORMATION/MISCELLANEOUS A. Be Ge J® PG. 3475 PG. 3476 PG. 3477 PG. 3478-3499 Department Head Monthly Reports for September 1992. PG. 3500-3530 LMCD Representative's Monthly Report for September 1992. PG. 3531-3532 LMCD Mailings. PG. 3533-3556 Thank you note from Mike & Sue Henning, recent recipients of Westonka Dollars. PG. 3557 Thank you letter from Orono Police Department re: Officer Darrell Huggett and Rambo. PG. 3558 Planning Commission Minutes of September 28, 1992. Pg. 3559-3562 Notice of change of address for the Minnehaha Creek Watershed District. Pg. 3563 REMINDER: COW Meeting, Tuesday, October 20, 1992, 7:30 P.M. REMINDER: Recycling Days, October 23 & 24 - Lost Lake Site. Annual City of Mound Christmas Party is scheduled for Friday, December 18, 1992, Mound American Legion. 3414 September 22, 1992 #Ihg]T~g - MOUI~D 0I~¥ O0~OIt - §~l~l~ ~, The City Council of Mound. Hennepin County. Minnesota. met ~n regular ~¢~i0n 0n Tuesday, Septe~er 22, 199~, in th~ 00une~l Cha~ers at 5341 Ma~ood Road, in said City. Those present were: Mayor Skip Johnson, Councilme~ers ~drea ~rens, Phyllis Jessen and Ken Smith. Councilme~er Liz Jensen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland and the following interested citizens: Maxine Beissel, James Clark, Walter Wolfe, O~ Fenstad, Donald & Geraldine Swenson, Patrick~dre, Shirley & Vern Andersen, Michael Mueller, Dean & Julie Steffen, Dr. & Mrs. ~ight Gardstrom, Michael Garberick, Phyllis Mc Alpine, and Scott Kempf. 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 b~ Smith 2o approve the Minutes of the Septen~er 8, ~992, Regular Meeting, as corrected. The vote was unanimousl~ in favor. Hotion carried. 1.1 PRESENTATION OF CERTIFICATE OF RECOGNITION TO ELDO SCHMIDT~ CHAIR, MOUND H.R.A. The Mayor presented a Certificate of Recognition to Eldo Schmidt for his years of outstanding service as a member of the Mound Planning Commission (1965-1968), Mound City Council (1969-1972), and the Mound Housing & Redevelopment Authority (1974-1992). 1.2 CERTIFICATE OF RECOGNITION - HERB PAULY - 100 YEARS OLD PARTY OCTOBER 5~ 1992 The Mayor read the Certificate of Recognition that will be presented to Herb Pauly on his 100th birthday, October 5, 1992. 1.3 REOUEST BY THE MASONIC LODGE TO BE REMOVED FROM THE CBD pARKIN~ MAInTeNANCE PROGI~%N The City Manager explained that he received a letter from the Mound Lodge No. 320, requesting that they be released from the CBD Parking Maintenance Program because of cost and stating that they receive no benefit from the program. He further stated that the zoning ordinance requires that this type of building is required to have 1 off-street parking space for each 3 seats. The occupancy load of this building is approximately 298 which means it must have 191 3Yl September 22, 1992 approximately 100 off-street parking spaces. The building currently has about 10 parking spaces. The Lodge was given a building permit with no variances because they were included in the CBD Parking Maintenance Program and could make use of the parking spaces provided in that program. Orv Fenstad, member of the Mound Lodge, stated the Lodge does not feel it benefits from the CBD Program. He stated that if the City would pave their lot they would stay in the CBD Program. Walt Wolfe, member of the Mound Lodge, stated it is his understanding that the Lodge is requesting release because the costs cut down on the amount they can contribute to local charities and they are not benefiting from the program. The City Attorney explained that the City cannot make improvements to private property, ie. paving the Lodge's parking lot. The City Manager explained that the CBD Committee has looked at the formula that is used to assess the costs and does not see any other way to allocate the costs. MOTION made by Smith, seconded by Jessen to d~.. the request of Mound Lodge #320 to bo released from the CBD Parking Maintenance Program due to zoning ordinance requirements for parking at the building. A roll call vote was unanimously in favor. Motion carried. 1.4 PUBLIC HEARING= CASE ~92-048= VACATION OF A STREET EASEMENT LOCATED AT 2615 HALSTE~D LANE, LOT t, BLOCK 1, WOODCREST OF MOUND, PID ~23-117-24 23 0022, SHARON WEBB The Building Official explained the request. He reviewed the letter submitted by the City Engineer which stated that the easement is located on the westerly part of this lot while the driven road and utilities are located on the east side of the platted right-of-way. Therefore the City Engineer recommended vacating the easement. The City Attorney suggested that the following language be added to the proposed resolution after the description of the easement: "The City specifically retains to itself the drainage and utility easements as set forth in the plat of Woodcrest of Mound as it relates to Lot 1, Block 1, Woodcrest of Mound." The Mayor opened the public hearing. There were no comments. The Mayor closed the public hearing. Jessen moved and Smith seconded the following resolution: 192 September 22, 1992 RESOLUTION %92-118 RESOLUTION TO APPROVE THE VACATION OF A STREET E~BEMENT AT LOT 1, BLOCK 1, NOODCREST OF MOUND, RETAINING DRAINAGE ~NDUTILITYEASEMENTS AS SET FORTH IN THE PL~T OF NOODCREST OF MOUND, PID %23-117- 24 23 0022, 2615 HALSTEAD LANE, P & ~ CASE %92-048 The vote was unanimously in favor. Motion carried. 1.5 CASE ~92-049: pHYLLIS MC ALPINE, 4621 WILSHIRE BLVD., LOTS 1-7m BLOCKS 2 & ~, NYCHWOOD, PID ~19-117-23 32 0018, VARIANCE TO CONSTRUCT GARAGE The Building Official explained the request. Commission recommended approval. The Planning Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-119 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING DETACHED GARAGE AT 4621 WILSHIRE BLVD., LOTS 4,5,6, AND 7, IN BLOCK 3m AND LOT8 I AND 2 IN BLOCK 2v TOGETHER NITHTHAT PART OF VACATED SUSSEX LANE, NYCHNOOD, PID %19-117-23 32 0018, P & Z CASE %92-049 The vote was unanimously in favor. Motion carried. 1.6 CASE ~92-051: HARRISON BAY MOBIL (PAT ANDRE) v 4831 SHORELINE DRIVE, LOTS 1-4, BLOCK 1, SHIRLEY HILLS UNIT ~, PID %13-117-24 44 0014~ SIGN VARIANCE The Building official explained the request. Commission recommended approval. The Planning Ahrens moved and Smith seconded the following resolution: RESOLUTION %92-120 RESOLUTION TO APPROVE A SIGN SETBACK VARIANCE FOR HARRISON BAY MOBIL AT 4831 BHORELINE DRIVE, LOTS I TO 4 INCLUSIVE AND LOTS 20 AND 21, AND THAT PART OF THE VACATED ALLEY~ BLOCK 1~ SHIRLEY HILLS UNIT A~ PID %13-117-24 44 0014~ P & Z CASE %92-051 The vote was unanimously in favor. Motion carried. 193 September 22, 1992 1.7 CASE t92-052= DO1TALD 8NENSONu 4857 ISLAND VIEW DRIVEu LOT8 5 & 6, BLOCK 14t DEVON; pID t25-117-24 11 0038t VARIANCE TO CONSTRUCT & NEW HOME The Building Official explained the request. Commission recommended approval on a 6-2 vote. The Planning Smith moved and Jessen seconded the following resolution: RESOLUTION %92-121 RESOLUTION TO APPROVE SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT 4857 ISLAND VIEW DRIVEr LOTS 5 & 6, BLOCK 14~ DEVON~ PID %25-117-24 11 0038~ P & Z CASE %92-052 The vote was unanimously in favor. Motion carried. 1.8 CASE ~92-053: WAXINg BEIBSEL~ 1720 DOVE LANE, LOTS 7-9, BLOCK 12, PID ~13-117-24 13 0006~ MINOR SUBDIVISION The Building official explained the request. The Planning Commission recommended denial based on the following: the subdivision does not constitute an ideal lot arrangement due to the stacking of the proposed homes on the parcels; over utilization of the property. Realtor, Mike Mueller, was present and stated that the proposal meets the criteria and all the requirements for a legal minor subdivision, with no variances required. The Council discussed the proposed subdivision taking special note of the configuration of the proposed lots. They suggested that the lots be split some other way to make a better lot configuration. MOTION made by Smith, seconded by Jessen to direct staff to prepare a resolution of ~enial. The Council asked if the applicant would like to have this item tabled so that they can try to come up with another plan. The applicant stated that she would rather have it tabled than denied. Councilmembers Jessen and Smith withdrew there seconded and motion. MOTION made by Ahrens, seconded byJoBnson to table this item. The vote was unanimously in favor. Motion oarried. 194 September 22, 1992 1.9 CASE ~92-054: MICHAEL GARBERICK, 1586 BLUEBIRD LANEm LOTS 14 & 15m BLOCK 5t WOODLAND POINT~ PID ~12-117-24 43 0068t ~ARIANCE TO EXPAND DETACHED GARAGE The Building Official explained the request. Commission recommended approval. The Planning Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-122 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION ONTO A CONFORMING DETACHED GARAGE AT 1586 BLUEBIRD LANE, LOTS 14 & 15, BLOCK 5~ WOODLAND POINT, PID %12-117-24 43 0068v P & Z CASE %92- 054 The vote was unanimously in favor. Motion carried. 1.10 CASE f92-055: MARY MONAHAN & DAN MORSETH~ 1901 LAKESIDE LANE~ LOT 14~ BLOCK 11w SHADYWOOD POINTt PID ~18-117-~$ 23 0059, yARIANCE TO ADD DECK The Building official explained the request. Commission recommended approval. The Planning Ahrens moved and Jessen seconded the following resolution: RESOLUTION %92-123 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING SETBACK TO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 1901 LAKESIDE LANEm LOT 14~ BLOCK 11~ SHADYWOOD POINT~ PID %18-117-23 23 0059, P & Z CASE %92-055 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.11 CONSIDERATION OF REVOCATION OF DOCK LICENSE - DOCK SITE ~20890~ JANE & SCOTT KEMPF The Building Official stated that the Park Commission has recommended that this dock be removed by the weekend of 9-14-92 and that next spring a new dock be installed that meets all specifications. 195 3 17 September 22, 1992 Scott Kempf was present and stated that the dock has been removed and a new one will be installed in the spring. He stated that it appeared a boat had rammed it and he was not aware it was in the condition it was. MOTION made byJessen, seconded by Johnson to concur with the Park & Open Space Commission on their recommendation as stated above. The vote was unanimousl~ in favor. Motion carried.. 1.12 CONSTRUCTION ON PUBLIC LANDS PERMIT APPLICATION FOR a STAIRWAY BY DWIGHT & VIRGINIA GARDSTROMm 2887 CAMBRIDGE LANE The Building Official explained the request. The Park & Open Space Commission recommended approval. Ahrens moved and Smith seconded the following resolution: RESOLUTION %92-124 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC L~NDS PERMIT FOR CONSTRUCTION OF A STAIRWAY ON BRIGHTON COMMONS ~BUTTING 2867 CAMBRIDGE LANEm LOT 12, BLOCK 37, WYCHWOODv DOCK SITE ~51525 The vote was unanimously in favor. Motion carried. 1.13 CONSTRUCTION ON pUBLIC L~NDS PERMIT ~PpLICATION FOR A STAIRWAY BY DEaN & JULIE STEFFEN, 2875 CAMBRIDGE LANE The Building Official explained the request. The Park & Open Space Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-125 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC L~NDB PERMIT FOR CONSTRUCTION OF A STAIRWAY ON BRIGHTON COMMONS ABUTTING 2873 CAMBRIDGE L~NBv LOTS 8 & 9v BLOCK 37~ NYCHWOOD~ DOCK SITB %51495 The vote was unanimously in favor. Motion carried. 1.14 pAYMENT REQUEST ~3 - 1992 LIFT STATION IMPROVEMENT - GRIDOR CONSTRUCTION - $79~475.33 The City Manager explained that the City Engineer has recommended approval of this payment request. 196 September 22, 1992 MOTION made by Johnson, seconded by Smith to approve Payment Request %3 from Gridor Construction, in the amount of $?9,4?5.33, for the 1992 Lift Station Improvement. The vote was unanimously in favor. Motion carried. 1.15 CHANGE ORDER ~2 - 1992 LIFT STATION IMPROVEMENT - GRIDOR CONSTRUCTION The City Manager explained that this change order covers extra work at Stations A-2 and C-5 and a credit for piping eliminated in the four wet well stations. The City Engineer has recommended approval. Johnson moved and Smith seconded the following resolution: RESOLUTION #92-126 RESOLUTION TO APPROVE CHANGE ORDER %2 IN THE AMOUNT OF $1,924.52, TO GRIDOR CONSTRUCTION FOR THE 1992 LIFT STATION PROJECT The vote was unanimously in favor. Motion carried. 1.16 PAYMENT OF BILLS MOTION made by Smith, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $90,623.46, when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD-ON ITEMS 1.17 SET PUBLIC HEARING DATES MOTION made by Ahrens, seconded by Jessen to set October 13, 1992, for a public hearing to consider a Conditional Use PermitAmendment for the Toro Company at 5330 Shoreline Drive to allow construction of an acoessor~ structure consisting of a bullet heater test building. The vote was unanimously in favor. Motion carried. 1.18 MOTION made by Ahrens, seconded by Smith to set October 13, 1992, for a public hearing to consider a Conditional Use Permit Amendment for the Teen Club at 2313 Commerce Blvd. to allow a pool table and 13 video machines on the main floor. The vote was unanlmously in favor. Motion carried. The City Manager reported that he has contacted Minnegasco about the proposed rate increase and was told the distribution system expense is the reason for the increase. 197 September 22, 1992 INFORMATION/MISCELLANEOUS ae August 1992 Monthly Financial Report as prepared by John Norman, Finance Director. B. LMCD Mailings. C. Planning Commission Minutes of September 14, 1992. D. Park & Open Space Commission Minutes of September 10, 1992. E. Memo from Recycling Coordinator regarding brush disposal. Fe REMINDRRs Committee of th, Whole (COW) Meeting is to be held Tuesday, September 29, 1992, 7:30 P.M. The main agenda item will be a detailed discussion on the Shoreland Management Ordinance. If time allows, other items will be discussed. Ge REMINDERs Emergency Preparedness Meeting, Tuesday, September 29, 1992, 3:00 P.M., Mound City Hall. Plan to attend, if you can. REMINDERS Hennepin County Household Hazardous Waste Collection Days scheduled for Friday, September 25 and Saturday, September 26, at the Hennepin County Public Works Garage, Spring Park. REMINDER: Reception for John Norman, Thursday, October 1, 1992, 3:00 P.M., City Hall. Jo Invitation from Metropolitan Council Chair Mary E. Anderson to attend the annual Regional Breakfast Meeting to be held Tuesday, September 29, 1992, at 7:30 A.M., at Boston Subway, 1019 Main St., Hopkins. Please let Fran know by September 24, 1992, if you plan to attend. The cost is $6.00. MOTION made by Ahrens, seconded by Jessen to adjourn at 9s30 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: 198 City Clerk MINUTES - COMMITTEE OF THE WHOLE MEETING - SEPTEMBER 29, 1992 The meeting was called to order at 7:30 PM. Members present: Councilmembers Phyllis Jessen, Liz Jensen, Andrea Ahrens, Ken Smith, Mayor Skip Johnson. Absent: none. Also present: Bruce Chamberlain and Mark Koegler, Hoisington Koegler Group; Ed Shukle, City Manager, and the following interested persons: Sandy Effertz, Tom Effertz and Dennis Flack. Bruce Chamberlain updated the City Council on the Mound Visions project. He indicated that the positioning and strategizing phase of Mound Visions is drawing to a close. He further stated that the product developed by the Mound Visions teams will allow Mound to present a clear picture of what the community envisions downtown to be in ten years and how we plan to get there. Chamberlain further explained that the Economic Development Commission and the Mound Visions program have proceeded with as much community wide input as possible and although that input may have slowed the process, it has been invaluable in developing community understanding of the project and collecting people's creative ideas. Some of the accomplishments that the Mound Visions program has included are as follows: BUSINESS DEVELOPMENT TEAM: - Mound Market Position (complete) - Targeted Business List (complete) - Business Cluster Plan (complete) DESIGN TEAM: - Downtown Redevelopment Concept Plan (complete) - Redevelopment Phasing Plan (complete) - Mound Environmental and Appearance Model PROMOTIONS TEAM: - Mound Visions Name and Identity (complete) - Mound Promotional Booklet Chamberlain stated that the majority of the items are complete, but two key elements (environmental and appearance model and promotional booklet) are in process and are scheduled to be ready in the next two months. The schedule for completion and presentation was presented with a December 8, 1992, public presentation to the City Council. In late December a Request for Proposal (RFP) will be distributed and targeted to developers for redevelopment of the Auditor's Road area of downtown Mound. Chamberlain hoped that the RFP responses would come in by March 1, 1993. Chamberlain emphasized that the Mound Visions program was initiated through the use of Community Development Block Grant (CDBG) funds. The CDBG program will only pay for the planning phase of an economic development project such as Mound Visions. The funding will be cut off when implementation begins, which would essentially mean the RFP process. He further explained that if the City wishes to continue with CDBG monies to work with the RFP process that regulations set by HUD would have to be followed in order to utilize further CDBG funds, for example, we would have to undertake an environmental assessment which would be a one to two day project, etc. Following Chamberlain's presentation, the City Council indicated they were very supportive of the Mound Visions program and were very pleased and happy to see the work that has been accomplished. They were particularly impressed with the promotional booklet that is being developed by the Promotions Committee and are anxious to see that portion of the project completed. Council further indicated that although tangible projects haven't been implemented within the downtown area, there has certainly been a lot of hard work put into the Mound Visions program by many volunteers and city staff. Hopefully, projects will be implemented as a result of the Mound Visions program. A brief discussion was held on the Walgreens project. Chamberlain indicated that City staff were still waiting to hear from the Walgreens developer as to the status of Walgreens' interest in locating in Mound. Chamberlain further indicated that projects are still being considered that cannot be discussed publicly, but that City staff is diligently working with interested parties in further development and redevelopment projects. City Planner Mark Koegler was present to review with the City Council draft #3 of the Proposed Shoreland Management Ordinance. Council spent significant amount of time analyzing the draft as recommended by the Planning Commission. After review, Koegler took the Council's comments under advisement and will be bringing back a revised draft at the next COW meeting. Commons markings and the establishment of a task force to study how to identify commons and its uses was discussed. The City Council directed that Councilmember Smith chair the task force which would consist of two abutting property owners, two non-abutting property owners, two citizens at large, for a total of seven members. This task force would be meeting from November until February to come up with recommendations on how to mark the commons areas, define their uses and responsibilities of the commons users. The overall mission of the task force is to study the issue of informing Mound residents on the commons program. It could take the form of markers, brochures, maps, etc. Recommendations will then be forwarded to the City Council for discussion in March of 1993. The City Manager was directed to solicit applicants from the community via the local newspapers and to have names presented with resumes and letters of interest at the next COW meeting. Appointments to the task force will be made based upon the information submitted by each applicant. Advisory commissions appointments and reappointments were discussed. The City Council reviewed the current policy with regard to appointments and reappointments to commissions. Major concern was based on how interviews were conducted and selections made. The consensus of the Council was to have the joint interviews of each commission and the City Council be held at Committee of the Whole meetings with subsequent appointments to be made at the next regular meeting following the Committee of the Whole. Basically, the City Council and the commissions will interview a candidate at the COW meeting and the commission will do the ranking of the candidates at that COW meeting, and then forward the rankings to the Council for discussion. Subsequent appointment will then be made at the next regular meeting. If an applicant cannot be present for the interviews, the candidate's resume will stand on its own merit for consideration. LMCD multiple dock licenses were discussed, city Manager Ed Shukle made the Council aware of the potential litigation that the LMCD faces with a group of marina owners that are being represented by Mr. Jim Gilbert of Meshbesher and Spence. Mr. Gilbert contacted the LMCD with regard to the large increase in fees being charged to multiple dock license holders. The LMCD responded by indicating that the fees charged are based upon administrative costs to handle applications. The LMCD has emphasized that the lake programs ought to be user fee oriented. The City Manager was directed to write a letter questioning the LMCD's position supporting user fees but not to the extent that has been proposed by the LMCD. The City Manager is to draft this letter and review it with the city Council prior to sending it. The overall message to be sent to the LMCD is that the City Council is unhappy with the position they are taking in this matter. The City Manager did indicate that the LMCD board has tabled the matter and referred it to its water structures committee for advisement prior to taking any action, which may or may not result in any litigation. Other items discussed were the brush drop off that will be located at Lost Lake, reception for John Norman on October 1st, 3 PM, city hall, review of the emergency preparedness meeting held September 29th at city hall with Don Anderson of Hennepin County and City staff and Councilmembers. The annual Christmas party was discussed with consensus to plan it with priority dates being 12-18-92, 12- 11-92 or 12-12-92. Upon motion by Jensen, seconded by Johnson and carried unanimously, the meeting was adjourned at 11 pm. ctfully submitted, City Manager ES:is Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: October 7, 1992 SUBJECT: Conditional Use Permit Modification APPLICANT: The Toro Company CASE NUMBER: 92-057 HKG FILE NUMBER: 92-37h LOCATION: 5330 Shoreline Drive EXISTING ZONING: Industrial (I-1) COMPREHENSIVE PLAN: Industrial BACKGROUND: The Toro Company is requesting the amendment of Resolution 85-87 to add a portable heater testing facility on the north side of the site. Specifically, if the request is approved, the site plan for the overall Planned Industrial Area (PIA) will be amended to include the new structure. The proposed building measures 16' x 32'. The structure is a pre-engineered building with a metal panel exterior. The building location will meet all required setback criteria and the structure will be surrounded by chain link security fence. The building will be used for long term testing of portable kerosene heaters. The facility will accommodate 8 testing stations and two 250 gallon fuel tanks. A small bench for minor repairs will be located on one end of the structure. A bituminous clear area of 5 feet will surround the building within the fenced enclosure. COMMENT: The proposed heater test facility raises a number of issues and concerns. Primary areas of concern include compatibility with the neighborhood area to the north as well as the appearance of the structure. The degree of Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Toro Company Planning Report October 7, 1992 Page Two compatibility with the surrounding residential neighborhood is entirely dependent on the operation of the facility. Will the use generate noise or odor emissions which will impact the surrounding properties? In correspondence to the City of Mound dated September 15, 1992, the Toro Company stated the following: The proposed use, which is to test portable heaters is not believed to have any adverse impact on the property in the vicinity. No increase in traffic or parking will result from this structure with the exception of occasional deliveries of heater fuel. The only noise generated will be that of the heaters within the building which will not be noticeable outside the structure. o The building will have no exterior lights but will depend on existing parking lot lighting. 5. No smoke will be generated. Presuming that the statements contained in the letter accurately depict the proposed use, the test facility should not have a negative impact on any of the surrounding residential properties. Another issue is~earance.~ The proposed structure will have a metal panel exterior. The City of Mound is considering zoning code modifications that will prohibit this type of material on commercial and industrial buildings. The code changes have been through one round of public hearings and will be the subject of another hearing on November 10, 1992. The proposed modifications state, "No permit shall be issued for any commercial or industrial structure that contains unadorned, prestressed concrete panels, concrete block or sheet metal, either corrugated or plain. Acceptable building materials include wood, stone, brick, block or concrete that incorporates significant textured surfacing, exposed aggregate or other patterning. The use of metal on building exteriors is to be limited to the trim detailing and/or the use of metal and glass in curtain walls." The proposed modifications have not been adopted, however, the building materials provision can be used as a guide in reviewing and issuing the proposed conditional use permit. In this particular case, two arguments can be made. First, the proposed structure should comply with the proposed building materials provision since the City clearly intends to prohibit metal buildings. The second approach is to consider the proposed metal building compatible with the existing industrial building since the existing structure contains large wall areas clad in a Toro Company Planning Report October 7, 1992 Page Three beige metal panel system. At this time, the proposed standards can be used as a guide, they have not yet been adopted as part of the code. RECOMMENDATION: The Planning Commission needs to render a policy decision on the appropriateness of the proposed metal building exterior. Not withstanding that issue, staff recommends that the conditional use permit be modified to allow construction of the proposed heater testing facility subject to the following conditions: o o o The building will be used only for heater testing and related product/equipment storage. Any change in the use of the building will require modification of The Toro Company's Operations Permit. Prior to the issuance of a building permit, the applicant shall submit a lot survey certified by a registered land surveyor for the portion of the site containing the proposed use. The proposed use shall comply with all applicable MPCA requirement for noise and air quality emissions. The heater test facility shall comply with all applicable building and fire code requirements. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan for the area around the proposed building. The landscaping plan is to be approved by the City Planner. CITY COUNCIL 10-13-92 ITEM ~3 DRAFT PROPOSED RESOLUTION #92- RESOLUTION TO APPROVE AN AMENDMENT TO RESOLUTION #85-87 TO ALLOW AN ACCESSORY STRUCTURE CONSISTING OF A PORTABLE HEATER TESTING FACILITY FOR THE TORO COMPANY AS SHOWN ON THE SITE PLAN (EXHIBIT "A") AT 5330 SHORELINE DRIVE, SYLVIAN HEIGHTS ADDITION TO MOUND, PID #13-117-24 34 0026, P&S CASE #92-057 WHEREAS, Resolution #85-87 was approved by the City Council on August 13, 1985 "Granting a Conditional Use Permit to Balboa Minnesota Company for the establishment of a Planned Industrial Area - 5340 Shoreline Blvd. adding item J. and K. as recommended"; and WHEREAS, The Toro Company has stated the following in correspondence to the City of Mound regarding the proposed accessory structure: The proposed use, which is to test portable heaters is not believed to have any adverse impact on the property in the vicinity. No increase in traffic or parking will result from this structure with the exception of occasional deliveries of heater fuel. The only noise generated will be that of the heaters within the building which will not be noticeable outside the structure. The building will have no exterior lights but will depend on existing parking lot lighting. 5. No smoke will be generated. WHEREAS, The proposed building measures 16' x 32', is planned to have a metal panel exterior, and the building will meet all setback requirements; and WHEREAS, The Planning Commission reviewed the proposed amended and recommended approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: The City Council approves conditional use permit amendment to allow construction of the proposed heater testing facility subject to the following conditions: PROPOSED RESOLUTION CASE ~92-057 PAGE 2 ae Be Ce De Ee The building will be used only for heater testing and related product/equipment storage. Any change in the use of the building will require modification of The Toro Company's Operations Permit. Prior to the issuance of a wui~,~ permit, the applicant shall submit a lot survey certified by a registered land surveyor for the portion of the site containing the proposed use. The proposed use shall comply with all applicable MPCA requirements for noise and air quality emissions. The heater test facility shall comply with all applicable building and fire code requirements. Prior to occupancy, the applicant shall submit a landscaping plan for the area around the proposed building. The landscaping plan is to be approved by the City Council. r' EXIST. ~ TANK BLD¢ --! g IN i II llllllg iIIlllmlllllnll I ~ i a g i i i l i l i l iii I g iN i i i i i lill I i l i iii iiI I i i SITE PLAN 1'=30' NORTH HEATER TEST CELL THE TORO COMPANY MOUND, MN MINUTES OF A 1VIF~ETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 12, 1992 CASE ~92-057: THE TORO COMPANYt 5330 SHORELINE DRIVEr SYLVIAN HEIGHTS ADDITION TO MOUND, PID ~13-117-24 34 0026. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT TO ADD AN ACCESSORY STRUCTURE CONSISTING OF A PORTABLE HEATER TESTING FACILITY. City Planner, Mark Koegler, reviewed his planning report relating to the application by Toro to amend Resolution 85-87 to add a portable heater testing facility on the north side of the site. The proposed building measures 16' x 32' and is planned to have a metal panel exterior. The building will meet all setback requirements. Primary areas of concern include compatibility with the neighborhood area to the north as well as the appearance of the structure. Correspondence to the City of Mound dated September 15, 1992, from the Toro Company stated the following: The proposed use, which is to test portable heaters is not believed to have any adverse impact on the property in the vicinity. No increase in traffic or parking will result from this structure with the exception of occasional deliveries of heater fuel. The only noise generated will be that of the heaters within the building which will not be noticeable outside the structure. The building will have no exterior lights but will depend on existing parking lot lighting. 5. No smoke will be generated. Presuming that the above statements depict the proposed use, the test facility should not have a negative impact on any of the surrounding residential properties. Relating to building appearance, Koegler suggested that the proposed modifications to the zoning code depicting provisions for building materials be used as a guide in reviewing and issuing the proposed conditional use permit. Staff recommended that the Planning Commission needs to render a policy decision on the appropriateness of the proposed metal CASE 92-057 building exterior· Not withstanding that issue, staff recommends that the conditional use permit be modified to allow construction of the proposed heater testing facility subject to the following conditions: The building will be used only for heater testing and related product/equipment storage. Any change in the use of the building will require modification of The Toro Company,s Operations Permit. Prior to the issuance of a building permit, the applicant shall submit a lot survey certified by a registered land surveyor for the portion of the site containing the proposed use. The proposed use shall comply with all applicable MPCA requirements for noise and air quality emissions. The heater test facility shall comply with all applicable building and fire code requirements. Prior to the issuance of a building permit, the applicant shall submit a landscaping plan for the area around the proposed building. The landscaping plan is to be approved by the City Planner. Mueller clarified that building code and fire code issue will be dealt with at the time of permit review. Johnson questioned the applicant if they had considered pre- manufactured or pre-engineered structures with a brick facade? Clark Lillehei commented that buildings with brick facades are available, however, the proposed metal structure was the most economical. Clapsaddle questioned how long the building is projected to be used? The applicant commented that the building will be used concurrent with their lease. Mr. Lillehei added that building an accessory structure is more economical than building the testing units inside existing structure due to code requirements. Weiland expressed a concern relating to noxious fumes. The applicant commented that the heaters are designed to burn economically. It was noted that these tests are being conducted for the purpose of research and development. Hanus questioned the use of the existing tank. Toro representatives clarified that the tank was used to hold water, it is not being used now, and was never used by Toro. Concern was expressed about the possible odor emitting from the use of kerosine. The applicants commented that very little kerosine will be exposed to the air, and they also need to be concerned for workers. Spills will be rare. CASE 92-057 Mueller reviewed the possibility of drainage problems occurring due to melting snow from heat exhausted out the building. Toro representatives stated that the heat will be directed out and up and should not affect the outside environment. Morris Reninger commented that he would prefer to see brick and have landscaping. He would like to see the landscaping plan. Jack Wilson questioned the hours of operation. Toro commented that the heaters may run 24 hours or more at one time for a test and the building will be checked periodically by employees. Mr. Wilson expressed a concern relating to odor, and asked if the City could require testing if complaints are received. It was determined that condition #3 requiring compliance the MPCA requirements addresses this concern. Chair Meyer Closed the public hearing. Weiland suggested that the color of the proposed building match the color of the existing balboa building. Mueller expressed a concern about the type of building material proposed and the view. MOTION made by Clapsaddle, seconded by Voss to recommend approval of the Conditional Use Permit Amendment as recommended by staff, including the listed conditions with the exception that #5 require the landscaping plan to also be reviewed by the City Council. Mueller is concerned about allowing a structure of this type of material without adequate screening. Voss commented that it would be unfair to require brick or better as modifications to the zoning code have not yet been adopted. MOTION carried 8 to 1. Those in favor were Meyer, Michael, Clapsaddle, Hanus, Johnson, ross, Weiland, and Jensen. Mueller was opposed. This case will be heard by the City Council on October 13, 1992. CITY of MOL ND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 92-057 NOTICE OF A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PERMIT AMENDMENT FOR THE TORO COMPANY AT 5330 SHORELINE DRIVE TO ALLOW CONSTRUCTION OF AN ACCESSORY STRUCTURE CONSISTING OF A BULLET HEATER TEST BUILDING NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, October 13, 1992 to consider an Amendment to the Conditional Use Permit for The Toro Company at 5330 Shoreline Drive to allow construction of a 16' x 32' Bullet Heater Test Building at the northeast corner of the property. This Conditional Use Permit Amendment is for the property known as the Balboa Building, and legally described as follows: BLKS 5 AND 6 SYLVIAN-HEIGHTS ADDN TO MOUND AND LOTS 10 THRU 15 BLK 2 L P CREVIERS SUBD LOT 36 LAFAYETTE PARK ALSO E 25 FT OF LOT 36 AND SUBD NO 170 AND THAT PART OF E 25 FT OF SW 1/4 OF SW 1/4 LYING N OF SAID LOT 36 AND S OF A LINE PAR WITH AND 50 FT SLY FROM CTR LINE OF BN RR R/W INCL ADJ VAC ST EX ST ALSO BLK 11 ABRAHAM LINCOLN ADDN TO LAKESIDE PARK EX ST INCL PART OF VAC ST AND LOTS 23 THRU 28 INCL KOEHLER'S ADDN TO MOUND SUBJECT TO ROAD. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Cl-er~ Publish in "The Laker" 9-28-92, and mailed to property owners within 350' by 9-28-92. printed on recycled paper rev£eed $/$/92 Application for CONDITIONAL USE PERMIT City of Mound 5341 Ma~ood Road, Mound, ~ S$364 Phone= 4?2-0600, Fax= 4?2-0620 city council Dat... copy to c,ty Planner, Copy to City Engineer'= Copy to Public Worka= Other: Conditional Use Permit Fee~ S200.00 Zon£ng Sheet Completed= Day Phone Please type or print the following informations AddreosofSubjectProperty ~5~,_~ O ._~L'P~ /.~_ J~.'c/~_ ~e~ ' sAddre.l EFFECTS OF TH~ PROPOSED USE: List Impacts the proposed use will havs on property in the vicinity, including, but not limited to traffic, noise, light, Imoke/odor, parking, and delcribe the stepl taken to mitigate or eliminate the imp&ell. If applicable, a development schedule Ihall be attached to this application providing reasonable guarantees for the completion of the proposed develo~x~ent. Est/mated Develo~x~ent COSt Of the ProJect~ $ RESIDENTIAL DEVELOPHENTS ONLY~ Nu~r of Structures~ Nu~er of ~elling Onitl Per Structuri= ~t Area Per ~llfng U~ltl Iq ft Total Lot Areal Na~ an applicat~on ever bee~ made for zoning, variance, conditional use ~t, or other zo~nq procedure for thig ~ro~rty? ( ) yeg, ( )~o. If ~og, liot date(o) of action taken, reoolut~ofl nu~er(~) and ~rovide copie~ of reoolutiono. X~plicant'a sign~ture - Da're ' The Toro Company Home Improvement Division 5330 Shoreline Bouleva~, Mound, Minnesota 553~-16~ 612~72~4~, Facsimile 472-8484 9/lS/ ~0= City of ~ound The proposed use, which is to test portable heaters is not believed to have any adverse impact on the property in the vicinity. It is proposed to locate the facility as far from public streets and neighboring structures as is permitted by code required distances from property lines. The facility will be operated by personnel presently employed in the facility. No increase in traffic or parking will result from this structure with the exception of occasional deliveries of heater fuel. The only noise generated will be that of the heaters within the building which will not be noticeable outside the structure. The building will have no exterior lights but will depend on existing parking lot lighting. The heater fumes will be directed upward by exhaust ducts and will rise because of their heat and dissipate in the atmosphere. Any fumes trapped by winds or temperature inversions would be similar to residential furnace fumes. No smoke will be generated. ROGER JOHNSON-RICHARD SMITH ARCHITECTS INC. 21g NORTH SECOND STREET ,' MINNEAPOLIS. MN 55401 ,' 61' ~ ~ --.38-4.41 / FAX: 338-4285 CODE ~4ALYSIS HEATER TEST FACILITY TORO MANUFACTURING COMPANY 5300 SHORELINE BLVD. MOUND, MINNESOTA 55364 RECEIVED OCT 7 MOt]ND PLANN!,"IG & INSP. The following analysis has been prepared as a Code review for the proposed construction of a heater test facility at the TORO facility in Mound, Minnesota. Codes used in this review were the Uniform Building Code - 1988 Edition (UBC} and the Uniform Fire Code - 1988 Edition (UFC). Fred Driver of the State Building Codes Office was also contacted for assistance in classifying the structure. Supporting documents in the way of site plans, and standard manufacturer's drawings and calculations of the building are attached. A survey has been conducted on the site by Ron Krueger and Asseciates. The site plan was prepared from information provided from the survey drawing. The final survey drawing is in the process of preparation and will be submitted as a separate supporting document as soon as it is available. The property where the present TORO operation is located and where the proposed facility would be constructed is currently owned by the Resolution Trust Corporation and is managed by the Welsh Company - Denise Brown - 434-4334 contact person. BACKGROUND TORO is requesting approval of a proposal to construct a building on a vacant portion of the property owned by Resolution Trust Corporation. The property is located on the north side of the railroad tracks directly north of their present facility. The proposed facility would be located at the east end of the existing parking lot and adjacent to an abandoned water tower. The building would be a 16' x 32' pre-engineered steel building resting on a 4" thick concrete slab with 12' deep thickened edge. It is proposed to use the facility as a test facility for long term testing of portable kerosene fuel heaters. The building would have space for a maximum of eight (8) heaters and two (2) 250 gallon fuel tanks. A separate space at one end of the building would have bench space for minor repairs and adjusting. The building would be uninsulated and unheated except for a small electric unit heater located at the work bench. The portable heaters would exhaust through the sides of the building into individual exhaust stacks which would extend above the roof eave and be capped with rain drip caps. A clear area of 5'-0" would be provided around the building which would be paved with bituminous and surrounded by a 6'-0" high chain link fence. SETBACKS Setbacks as indicated on the attached site plan are as follow: Front Yard 30 feet (conforms to Conditional Use Permit). Side Yard 50 feet (The side yard set backs exceed 50 feet on both sides. The building is located adjacent to a large parking lot and in excess of 50 feet from the property line to the east). CODE ANALYSIS TORO MFG. COMPANY Page 2 Rear Yard 3 feet {The rear lot line abuts a railroad. The Conditional Use packet does not address this condition, bu~ allows a 0 feet side yard set back when adjoining a railroad). It is our opinion that the proposed location conforms to the intent of the setback requirements outlined in Article 23.640.4 of the Conditional Use Permit packet. BUILDING CODE ANALYSIS A. General Requirements: 1. Building Occupancy Classification 2. Construction Type H-4 - Repair garages not classified as a Group B, Division 1. This classification was arrived at in consultation with Mr. Fred Driver - State Building Codes Office. V-N-UBC Table 5-C. 3. Building Area 4. Building Height 5. Distance from Property Line 512 s.f. - Conforms to basic allowable area. One story conforms to UBC Table 5-D. No requirement - UBC Table 9-C. 6. Sprinkler System 7. Fire Resistance of Exterior Walls Not required UBC 3802 (f)2. Proposed building has no fire resistance rating. Rear of building is less than 20 feet from property line requiring a 1-hour rating. However, since the rear of the building abuts a railroad right of way, it presents no hazard to the adjoint property and a variance on this requirement is requested. 8. Openings in Exterior Walls Not applicable. There are no openings in the exterior walls within 20 feet of the property line. 9. Number of Required Exits One exit is required by UBC 3320, 'Exception" which permits one exit in an H-4 occupancy with an area less than 1000 s.f. Two exits are provided. B. Specific Group H Requirements: 1. Floor Surfacing 2. Spill Control Concrete floor conforms to UBC 902. Fuel tanks will be set in a liquid tight sheet metal pan sized to contain a spill equal to one container (250 gallons). CODE ANALYSIS TORO MFG. COMPANY Page 3 3. Drainage System 4. Smoke & Heat Venting 5. Standby & Emergency Power. 6. Ventilation 7. Sanitation Pro- visions 8. Fire Alarms 9. Explosion Venting C. Uniform Fire Code: 1. Tank Construction 2. Tank Identification 3. Fire Protection 4. Tank Venting 5. Manual Gauging 6. Fill Pipes 7. Overflow Protection 8. Dispensing Not required - Containment for spill control meets this requirement. UBC 903 (d)l. Venting is provided by open stacks for individual heaters. Not required for H-4 Occupancy. Mechanical ventilation is not required. UBC 904(c) requires ventilation when motor vehicles are operating under their own power. Not applicable. Not applicable. Building will not be occupied on a regular basis. Personnel monitoring heaters have office and sanitation facilities available in adjacent building. Not required UBC 909. Not required UBC 910. Tanks will be 250 gallon atmospheric tanks designed for storage of fuel oil. UFC 79.105 (c). Tanks will be labeled for contents to conform UFC 79.109. One 20B fireextinguisher will be provided in the structure adjacent to the exit door. Tanks will be vented to the exterior to comply with UFC 79.302. Tanks will be vented individually and not manifolded. Manual gauging fittings in the top of the tanks will have liquid tight covers to conform to UFC 79.302 (c)2. Tank fill pipes shall be located outside of building and equipped with liquid tight caps to conform to UFC 79.302 (c)l. Overflow protection will comply with UFC 79.302 (c)5. Dispensing from tanks will be by means of pumps in accordance with UFC 79.802 (b). 3¥3 CODE ANALYSIS TORO MFG. COMPANY Page 4 D. Summary: The proposed occupancy and use of the TORO Heater Test Facility comply with all requirements for an H-4 occupancy and the use and dispensing of Class II flammable liquids from stationary above ground inside storage containers except for the fire resistance rating of the wall facing the rear of the property where a variance on the 1-hour requirement is requested. 3{33- ~lllllllllllBllllllllllllllllll ~ IIlll llllllllllllllllllllll SITE PLAN 1'=30' NORTH HEATER TEST CELL THE TORO COMPANY,.~ MOUND, MN 1 1 t 1'- FLOOR PLAN 3't38' 1/4'=1'-0" ,® NORTH HEATER TEST CELL THE TORO COMPANY MOUND, MN 4" CONCRETE SL AD '~'ITH 6N6, I0/10 MESH _TYPICAL CROSS ~SE..C. TION SEPTEI~I~ER 1, 1992 ;I ................. -%1 ~ brand fax transmittal memo 7671 N ! L PROPOSAL - CONTRACT METRO BUILDING INC. 4401 - 85th ^v~nue Norl~ Minneapolis, Minnesota S5443 (612J 424,-24(X) ATTN: Mr. Chuck Sager ~ropos~ SubdUed To Job Name TORO Bullet Heater Test Building Page 1 C~ 1 S~eet Job l.~cation Date 5300 Shoreline Drive Mound, MN. Sept. 10, 1992 C.~. State & ~p Code Plans & Specifications By ProposaJ No. Mound, MN. 55364 192-168-2 Covering Material Approx. -- Ouantity Type Wklth Length Height Wall Roof WL Obs.) 1 Tec Lite 16' 32' 10' 24ga. Pre-finished 24ga. steelox II Steelox standing seam 4,200# -~p,~'ifical~ons Fo~ and Description Of Work To Be Performed Provide all materials and labor to construct the above demensioned building as requested by Chuck Sager. The building shall meet all applicable state and city codes. The following items are also included in the contract amount: ~ 1) Complete shop drawings for submittal to the city for permits and all erection drawings. 2) Permit Fee's. 3) Removal of the existing paving for the building placement. 4) 16' x 32' x 4" concrete slab w/12" reinforced thickened edges, (1) 5'x 5' concrete stoop, and (1) 5' x 8' concrete stoop. 5) 1" PSK faced insulation for the roof system vapor barrier. 6) (1) 3070 20 ga. H.C. steel insulated door, and (1) 6070 20 ga. H.C. steel insulated door. Doors shall include weatherstrip, threshold, and (1) door closer per doorway (6070 active leaf only). CONTRACT DOCUMENTS ~a~dardGener~Conc~tions Tax and Freight (F.O.B. Jobsite) Cot tract Amount Payment Terms Corr~e'.~ $ 17,185.00 N/15 days 6-8 weeks Th~ contract documents enumerated above are made a part of this agreement. No materials, labor, services, taxes ~.....~, Autho~ ~gr~ture Con~'acto~ I:~',"nits, bonds, m any work not dem;dbed above o~ in the con~act documents are included. Any preliminary drawings, .~,.~,,.~, !,,~./ e~.-lier proposals, ~ verba~ statements that may have preceeded this agreement and are not specifically made a part~'-~L.- hereof are excluded. Rob Fi§cher ACCEPTANCE Proposa' Va,Sd Unl~l Th~ above contract amount, payment terms, spec~cations & contract documents are satisf, actoo, and are hereby accepted. You are autho~zed to do the work in accordance with tl'~s agreement. October 15, 1992 ameof Owner Authorized Signature Owner Dale o' A,~eptance I of TEC-LINE 2 FRAMED BUILDINGS Functiol~.d and .lflbrd,d~lc TE(:-LINE 2 Ihlildi~gs ~,fl~.'r more quailb. k'aturcs and bcnclits th,u~ many buildi]~gs ten lilIICS thor size. They arc thc idc,d s~flt,ti~, ti.' applic.~fions requiring minimu~ np.wc. volm~w, aim a high dcgrcc of Ilcxibilits: h~ addition, dwir Iow sloped gable mold"sign makes them both attractive and appropriate for a wide range of us~, from industrial to commcrdal. Nominal Width Height Len~h 12' 8', I0', 12' 16' 8', I0', 12', 14' 20' 8', I0', 12', 14' 24' 10', 12'. 14' Iff. 12'. 14' 32' I0'. 12'. 14' 12' plus ,ncrcmcms of 4' 16' plus incrcmcms of 4' 20' plus incrcm,mts of 4' 24' plus incrcmcnts of 4' Dt' plus increments of 4' 32' plus incrcmcnts of 4' RECEIVED SEP I ~ 1.q92 TEC-LINE 1 SINGLE SLOPE BUILDINGS I~recision made. stmcturallv sound TEC-LINE 1 Buildings offer dcpcndablc pcrlbrmancc. an attractive appearance and fast. simplificd construction. These outstanding advantages nuke thcrn a superb value and thc ideal choice for applications such as field offices or storage facilities. Height Length Iff' [ncrcmcnls of 16'. CX¢Cpl 9'-.4" Icn$~h nm available. Maximum length depends on width, height, and wind load. Minimum same as widlh. ~3 t]/ll ~. Consider TEC-LINE for all your small building requirements. !)25 E. Villl~ume Ave. J ESTIMATE PROPOSAL (612) 451.2221 Ins:a!l~r 10% Down 50% Posts Set Balance on Completion ............ '~ .... PRICE L/ Te~mm,*al u~t~, c~miHete x',;'h f;IP: / ~ I W*U~' d?:vew~v gates, complete ,~,th f - -- I All Po,t, ~! In Concrete, [inl Posts $p~ced 10' or Less ~ Cu~t~,.t, hes mcelved Custo~r ~es~ntibH~ly Check List. A SERVICE CHARGE ~ I~% ~r monlh (I~% Annvelly) ..... Thc 6, urckeser Shall be responsible f;r any and all coHecq0n ~[~'D-'INSTALLATION ~,,J ;cgol costs ;ncurrcd E,y ~,d~esl Fence in the even~ of ' ' th;~ b.tl b~oming pa~l due. M~dwe51 Fen~ rose,es the ) ~ ~TAX r;Oht ~o I;~n Ihu imp,o~ed pr~y i~ paymenl in fuji as '' ~ iOwner rcs;Onsible fu, ~ho,~.,~,g L:ortect p, cpe,~y Midwest Fence & Mfg. Cc. ~hal! turn;sh only the m0te~;al a,~d fer,(e I,~,~. Io~ r~mo,al of obstruct;ohs to H)~C,htd ~n th,~ cQqlr~Cl. ~r~y Chants m~de Jrc~ the Jbov~ [¢'~ ,~l~talls[,on. obta;n;r,t] perm;ts aha ~aent,- ficabons ,3ece~,=~t.r-,~ ~d~tional material o~ ~e~r will ~ b'llea fV:~g u~d~,uu~,d ,.'~ule~: M~OWeSt Fence & ~/fg. Co.'s current retad prices. ,. Electric, . Baker Inc 340 45TH STREET NW WILL,MAR. MINN~A 56201 PHONE (612) 235-5832 FAX (612) 235-7622 Sept. 11, 1992 The Toro Company 5330 Shoreline Or. Mound, MN 55364 Attn: Chuck Sager Ne propose to furnish labor and material to install owner provided regulator. Total for this work: $250.00 1 - 200 Amp 1 phase panel mounted interior of building with NSP connecting to overhead service wires. 7 - 8' Fluorescent lights controlled by two switches 4 - 110 voit receptacles exterior of building 20 - 110 volt receptacles interior of building Total for this work: $3,391.00 To follow next week Respectfully submitted, BAKER ELECTRIC, INC. SJB/sb ~ F_~UAL OPPOR'IIJNrl'Y EMPLOYER .. 2~ - October 28, 1.~86 RESOLUTION #86-154 FOR ~ ~RC) CI:X~AbIY~ ~=~OVEL~J~ D~r~SIC~ ~ 5340 SHC::~. :r_~ ~LVD. W1~EREAS, Toro Company/Home Improvement Division (applicant) has applied for an Operations Permit to produce lc~ voltage lighting, lx~er o~tlet centers, electric trimmers and sno~blowe~--s which will occupy a total O! 148,450 square feet (13,928 scl. ft. office, 33,500 scl. ft. manu~acb~ri~ and 101,022 scl. ft. warehouse)l and ~ERE~S, electrical assembly operations are allowed by O~eraLtons . Permit in Planned Zndustrial .Areas. ; NOW, THEREFOREw BE IT P~SSOr.VED by the City Council of ~he CiL~ of 1. It is here~y determined that the Toro Cce~ny~ Improver DiviSion electrical assembly operatio~ is consistent with the criteria for granting Operations Permits found in Section 23.650.? of ~e Fx~nd Zoning The Operations Permit is ~ranted in accordance With the following condittc~: a.' Based upon an employment estimate of 150 per 0 '. Ce do shift, Toro" Ccmpany/~cme Improvement Division is hereby assigned a total of 150 of ~ ~s ~ ~ ~w~t.~~ ~ter's ~~ ~acili~es. ~tstde stooge including ~t ~t l~it~ ~ ~w m~ri~s, ~, delive~ vehicl~ a~ ~c~ ex~i~ ~ in~lv~ in l~ding or ~l~di~ is ~sly ~it~. Ail of~-street loading and ~l~ding areas s~ll con~o~ ~ ~ ~ui~n~ o~ ~i~ 23.717 o~ ~ ~ Z~l~.~. The'~ro 'C~ny~ome Impr~ement Division s~il encourage its ~1~ ~ utilt~ ~ite s~a~ lot ~r~. The foregoing resolution was moved by Councllme~ber Paulsen end seconded by Councllmember Smith. The foliowlng Councllmembers..voted In the afflrmatlve: Jessen, Paulsen, Peterson, Polston and Smlth. The following Councilmembers voted In the negative: none. Hayor Attest: City Clerk · ~' August 13, 1985 RESOLUTION NO. 85-87 RESOLUTION TO CONCUR WITH THE PLANNING COHMISSION RECOMMENDATION GRANTING A CONDITIONAL USE PERMIT TO BALBOA MINNESOTA COMPAN~ FOR THE ESTABLISHMENT OF A PLANNED INDUSTRIAL AREA - 53qO SHORELINE BLVD. ADDING ITEM J. AND K. AS RECOHMENDED WHEREAS, Balboa Minnesota Company (applicant) has applied for a Conditional Use Permit for the establishment of a Planned Industrial Area for the property generally known as the Tonkawest Business Center at 53q0 Shoreline Boulevard; and WHEREAS, the property is presently zoned 1-1 and Planned Industrial Areas are conditional uses in the 1-1 zone; and WHEREAS, the applicant has applied for a Conditional Use Permit to facilitate the full utilization of the TonkawesL Business Center structure through the establishment of one or more business enterprises either on a lease or sale basis, -thereby expanding employment opportunities in the City, of Mound and contributing to the improvement of the economic climate in the surrounding area; and WHEREAS, the City of Mound has deCermined that the establishment of a Planned Industrial Area is a more efficient usage of the existing structure and land than could be accomplished under traditional 1-1 zoning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hound, Minnesota: It is hereby determined that the proposed Planned Industrial Area is consistent with the land use and economic development policies of the City and is consistent with the general purposes and interest of the Zoning Code of the City. The Conditional Use Permit is granted in accordance with the following conditions: Modification or alteration of the exterior of the building is expressly prohibited pending submittal of the comprehensive exterior remodeling plan for the entire structure by Balboa Minnesota Company or by approval of an Operations Permit for portion of the structure. In accordance with the performance standards of the Bound Zoning Code, industrial, warehouse, storage and handling of bulk goods facilities ~.u~ust 13, }985 are required to have ~t least one p~rking space for each employee on maximum shift or one sp2¢e for each two thousand (2,000) square feet of gross floor area, '~hichever is larger. The redevelopment plan for Tonka~.est Business Center (Exhibit l) has identified q27 total p~rking spaces. As uses occupy this building, their parking requirements will be verified at the time of Building Permit or Operations Permit application. If a parking shortage occurs at any time during the deve!opment (leasing or sale) of the building, the applicant shall be responsib!e for providing additional parking for the use of a!l applicable businesses. Loading access areas (loading berths) shall be restricted to the locations shown on Exhibit 2 unless modified by the subsequent approval of an Operations Permit For a portion of the 'building. All loading berths shali con£orm to the provisions of Section 23.717 of the Mound Zoning Code. Within 90 days of approval of this Conditional Use Permit, the applicant shall prepare landscaping plans for all parking areas, entrance areas and common areas on the property. Such plans, clearly identifying species, caliper and root type shall be submitted for review and approvaI by the City Planner. Tonkawest Business Center shall be combined into one tax parcel. f.. Balboa Minnesota Company shal'l prepare a comprehensive sign~ge plan' of the entire structure depicting locations of concentrations of wall signs, the general signage theme and the location and design pylon signs· Sign permits for individual business establishments shall be withheld until such time as a comprehensive sign plan is submitted end approved. ge he Subdivision of the Tonkawest Business Center structure in two or more units shall require review and approval by the Mound PIanning Commis..'ion and City Council. Subdivisions shall be consistent with all applicable City Ordinances and at the time of subdivision application, the City Council shall make a determination of park dedication requirements· No change in the external mechanical devices August 13, 1985 shalI be permitted unless authorized by Operations Permit for a portion of the building. Additionally, no roof vents or emission stacks shall be constructed without Operations Permit approval. Proposed improvement along the north side of the structure including but not limited to valkways and driveways between the building and the existing parking lot shall be reviewed by the Burlington Northern Railroad or subsequent owner. No outside storage i$ permitted except by Operations Permit. Parking of vehicles exceeding 2q hours i$ prohibited except delivery vehlcles in designated spaces and trucks in loading berth areas. km Balboa Minnesota Company shall submit to the City $1,000 to be put in an escrow.account to cover staff review end administration. The foregoing resolution was moved, by ¢ouncilmember Peterson and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Jessen, Paulsen, Peterson, Polston and Smith. The following Counci]members voted in the negative: none. Hayor Attest: City Clerk RESOLUTION r~'85-87 (£XHISIT I) : ,.-,- =u..~'," -----.- ..J.'--.j J I ..--1, J- .-, ,, ". I ....... --- ~.._ _..__._. IL....IV'.----~---~ ; ,; II ' , ~', .'-T-'-Li---I.. ....... I, ~ . · ~..:. !1-.. ' ....... - I: , ''-"' .1~ ......... "'-I.I.. : I ~ ~j~ '' .d,. . . ; ~ I",,--... · .,~ . ~ · ~. -~ '~ · Ik i J. 'l r. ;"--.,,.--~ : I "' '~ 0 I..-~'~, ~, ~ · !, J~J .... l'~'"~'~u.~ , ~. '- i ...... ... ' ....... ":'--.~' ~ ' Ii' 'J'""" ~'~ '-:' "- ' "'* "'" : , ........ ,, --r,,r.,.','.-,.,d,--. ~.~., '. ~ ....... . ~ - =: ...... : .. . ~. .l , .__ _J ,. .'=::;' il · ~'-'. ! FJ' / I~' RESOLUTION (EXHIBIT 2) ]lddV 31VAN3QQIH 11Oll 3~IHgqI~ SS3~c1,~3 Hoisington Koegler Group Inc. mil pLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: October 7, 1992 SUBJECT: Conditional Use Permit (Modification) APPLICANT: John Flaherty CASE NUMBER: 92-058 HKG FILE NUMBER: 92-37i LOCATION: 2313 Commerce Boulevard EXISTING ZONING: Central Business District (B-l) COMPREHENSIVE PLAN: Commercial BACKGROUND: The operation of the teen club at 2313 Commerce Boulevard is controlled by the provisions outlined in Resolution #91-123. Item #2 of that resolution states, "Pool tables, video games and other entertainment devices shall be licensed as required by the Mound Code of Ordinances. The total number of pool tables in the club shall be limited to four (4) and the number of amusement devices (video games) shall be limited to twenty (20)." The specific number and location of all pool tables and video games is further controlled by the site plan approved as part of the Resolution. The approved site plan identifies four (4) video games and does not show any pool tables. (see exhibit labeled Approved Site Plan) Mr. Flaherty is requesting that the site plan be modified as shown on the exhibit labeled Proposed Site Plan Modification. The proposed plan identifies a total of 13 video games and one pool table, all placed in the front portion of the business which was originally intended to contain a restaurant. The proposed video games and pool table are still below the total amount (20 and 4 respectively) of such devices that were approved under Resolution #91-123. Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 83%3160 October 12, 1992 L, AW OFFIC I~,~ JOHNSON & WOOD, P.A. WAYZATA, MINNESOTA A~gl TKL~COPiER C61~} ~?S.0~1~ L'~RX.8. J. N11:DERLU~CK~ JA.MI~ O, )4,clONNON DAVID J. V,r. RZUCK Mr. Ed Shukle City of Mound Administrator 5341 Maywood Road Mound, MN 55364 Faosim~.le No. 472-062o Re: Amendment of Conditional Use Permit for Teen Club at 2313 Commerce Boulevard Dear Ed: As you know, James Dickinson and I own the building immediately adjacent to the proposed teen center (2305 Commerce Boulevard). We oppose any expansion or extension of the conditional use permit that has been granted regarding the teen club. Our specific objections are: a) there are other facilities that are better suited to operating a teen club; b) the Netka site has inadequate parking, c) the proposed teen club is a use which is inconsistent with surrounding uses; and d) is likely to be a nuisance to surrounding property owners. I am unable to attend the public hearing scheduled for October 12. It is my hope that you will communicate our objection to the city council. hnson ~ PWJ/jkp cc: Mr. James B. Dickinson CITY COUNCIL 10-13-92 ITEM ;~ DRAFT PROPOSED RESOLUTION RESOLUTION TO APPROVE AND AMENDMENT TO RESOLUTION $91-123 TO ALLOW ADDITIONAL POOL TABLES ]%ND AMUSEMENT DEVICES ON THE MAIN LEVEL OF THE TEEN CENTER AT 2313 COMMERCE BLVD. P&Z CASE $92-058 WHEREAS, Resolution $91-123 was approved by the City Council on September 10, 1991 "Authorizing a Conditional Use Permit for the establishment of a teen club (commercial recreation) at 2313 Commerce Blvd., PID $14-117-24 44 0042, P&Z Case $91-040, as amended"; and WHEREAS, Item $2 of Resolution $91-123 states, "Pool tables, video games and other entertainment devices shall be licensed as required by the Mound Code of Ordinances. The total number of pool tables in the club shall be limited to four (4) and the number of amusement devices (video games) shall be limited to (20)." The specific number and location of all pool tables and video games is further controlled by the site plan approved as part of the Resolution. The approved site plan identifies four (4) video games and does not show any pool tables. WHEREAS, Resolution $91-123, item $17 states, "The applicant is to submit a detailed scaled floor plan for the teen club showing the location of the pool tables and video machines on each level and the limits of the teen club within the structure, identifying what is teen club and what is restaurant. No more than 4 machines on the teen club level. The balance of the pool tables and video machines to be located on the mezzanine level. This detailed scale floor plan will become a part of the approving resolution (Exhibit A)." WHEREAS, The applicant proposed a total of 13 video games and one pool table, all placed in the front portion of the business; and WHEREAS, The proposed video games and pool table are still below the total amount (20 and 4 respectively) of such devices that were approved under Resolution $91-123; and WHEREAS, The Planning Commission reviewed the request and recommended approval; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: The City Council hereby approves an amendment to Resolution $91-123, Item $17, as follows: PROPOSED RESOLUTION CASE #92-058 PAGE 2 "17. The applicant is to submit a detailed scaled floor plan for the teen club showing the A_~ ~^~ ~ ~A the limits of the teen club within the structure~ identifying what is teen club and what is restaurant. No more than 4--twenty (20) amusement devices (video machines) and four (4) pool tables on the teen club level ~ · b~l~ ~cc ~ ~· .... ~ mczzaninc icvcl. This detailed scale floor plan will become a part of the approving resolution (Exhibit A)." (NOTE: Upon City Council action on this item it is recommended that staff prepare a draft of the modified Resolution for subsequent description of the property and a requirement that the Resolution be filed with Hennepin County.) M1NUT OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION OCTOBER 12, 1992 CASE ~92-058: JOHN FLAHERTYt TEEN CENTERt 2313 COMNERCE BLVD.~ LYNWOLD PARKt PARTS OF LOTS 54 & 55t PID ~14-117-24 44 0042. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT TO MODIFY FLOOR PLAN. The City Planner, Mark Koegler, reviewed the applicants request to amend Resolution #91-123 approving a Conditional Use Permit for the operation of a teen club. Item #2 of that resolution states, "Pool tables, video games and other entertainment devices shall be licensed as required by the Mound Code of Ordinances. The total number of pool tables in the club shall be limited to four (4) and the number of amusement devices (video games) shall be limited to (20)." The specific number and location of all pool tables and video games is further controlled by the site plan approved as part of the Resolution. The approved site plan identifies four (4) video games and does not show any pool tables. The applicant is proposing a total of 13 video games and one pool table, all placed in the front portion of the business which was originally intended to contain a restaurant. The proposed video games and pool table are still below the total amount (20 and 4 respectively) of such devices that were approved under Resolution #91-123. If the Planning Commission and City Council feel that the location as shown on the plan labeled Proposed Site Plan Modification is appropriate, then Resolution #91-123 should be amended accordingly. Upon City Council action on this item it is recommended that staff prepare a draft of the modified Resolution for subsequent description of the property and a requirement that the Resolution be filed with Hennepin County. Chair Meyer Opened the public hearing. Annette Flaherty clarified for the Commission that they still proposed to have a restaurant, however, at this time it is not feasible due to construction requirements which have set them back. Four video games are not enough. The front windows will be blocked off with blinds or wood paneling of some sort. Mueller asked if items 8, 11, 12, 16 & 17 in Resolution #91-123 have been complied with. It was noted that the club is proposed to open November 1, 1992, and these conditions will have to be complied with prior to opening. Flaherty Planning Report October 7, 1992 Page Two COMMENT: The total number of video games and pool tables has never been a major issue in the approval of the conditional use permit for the teen club. In the past, however, the location of these devices has received some discussion, primarily due to the image that they present. The proposed pool table and 'additional video games will be located in the front of the club which is highly visible from the street. The original proposal which contained a restaurant in this area was considered more compatible with trying to improve the image of downtown Mound. The restaurant, however, is no longer part of the plan for the dub. RECOMMENDATION: The proposed pool table and video games are consistent with the total number of such devices approved previously by the City. If the Planning Commission and City Council feel that the location as shown on the plan labeled Proposed Site Plan Modification is appropriate, the Resolution #91-123 should be amended accordingly. Upon City Council action on this item, it is recommended that staff prepare a draft of the modified Resolution for subsequent City Council approval. The modified resolution should also contain the legal description of the property and a requirement that the Resolution be filed with Hennepin County. 3tt3-3 ¢-1:., _1 I.i.I 1.1.1 CITY ()f MOUND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA ~'£ -'-£ CASE NO. 92-058 NOTICE OF A PUBLIC HEXING TO CONSIDER A CONDITION~., USE PERMIT ~4ENDMENT FOR THE TEEN CLUB AT 2313 CONNERCE BOULEV~D TO ALLOW A POOL TABLE ~ ~3 VIDEO NACHINES ON THE N~IN FLOOR NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, October 13, 1992 to consider an amendment to the Conditional Use Permit for the Teen Club at 2313 Commerce Boulevard to allow one pool table and increase the number of video machines allowed from 4 to 13 on the main floor of the teen club. This Conditional Use Permit Amendment is for the property legally described as "Lynwold Park" Lake Minnetonka, E 150 FT OF LOT 55 AND COM ON S LINE OF LOT 54 AT A PT 30 FT W FROM SE COR THEREOF THE N PAR WITH E LINE THEREOF 10 FT THE W AT RT ANGLES 120 FT TH S AT RT ANGLES TO S LINE OF LOT THE ELY TO BEG LOTS 54 AND 55. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Publish in "The Laker" 9-28-92, and mailed to property owners within 350' by 9-28-92. printed on recycled paper revised 5/5/92 Application for CONDFI'IONAL USE PERMIT City of Nound 5341 H&y~ood Road, Hound, P~1 55364 Phone= 472-0600; Fax= 472-0620 City COuncil Date: IO --I~'RZ Conditional Use Permit Pea: $200.00 copy to city Planner, Cf -Z!-q2 Zoning Sheet C ploted.. Copy to City gngineer~' Copy to Public ~orkez Mhec; Please t~ or ~r~n~ the follo~n~ info~atioa~ ~er ' 8Addre 81 - LEG~ DESCRIPTION OF SUBJECT PROPERTy: Zonin~tstrtct~ - - - - Exist lng Use of Property: Name of Proposed Use as Listed in the Zoning Code: Descriptionof Proposed Use:. T~/~/ Oe/~//~p/~,~/~ EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development COlt si the ProJectz S RESIDENTIAL DKVRLOPHENTS ONLY: Number of Structuress Number of [heelling Units Per Structure: Lot Area Per D~elling Unit: sq ft Total Lo2 Area: aq ft Has an application ever been made for zoning, variance, conditional use perll~lt, or other zoning procedure for this property? ( ) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Appl icant' ~W' ~i!~neturo ~ 1~ RECEIVED S EP ~ 7 I~92 " 233 233 September 10, 1991 RESOLUTION f91-125 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A TEEN CLUB (COMMERCIAL RECREATION) AT 2515 COMMERCE BLVD., PID ~14-117-24 44 0042, P & Z CASE #91-040, AS AMENDED WHEREAS, the City Council' held a public hearing on ~ugust 27, 1991, with said hearing being continued to September 10, 1991, to consider the issuance of a Conditional Use Permit for the establishment of a Teen Club at 2313 Commerce Boulevard; and and WHEREAS, all persons wishing to be heard were heard; WHEREAS, Teen Clubs featuring recorded music, dancing, video games and other entertainment devices are classified as commercial recreation and commercial recreation uses are allowed as conditional uses in the Central Business (B-l) zones in accordance with Section 23.625 2 of the Mound Code of Ordinances; and ' WHEREAS, the Planning Commission and Economic Development Commission have reviewed the request and recommend approval subject to various conditions; and WHEREAS, the City of Mound sees the need for a positive gathering place for youth within the community and sees that proper management is essential to the successful operation of such a facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that a Conditional Use Permit for the establishment of a Teen Club at 2313 Commerce Boulevard is hereby granted subject to the following conditions: 1. Hours of operation shall not exceed 3 P.M. to 12:00 A.M. (midnight) weekends and weekdays. The club building may be used for other events such as birthday and holiday parties but not between the hours of 12:01 A.M. to 9:00 A.M. subject to all applicable conditions contained herein. The management of the facility shall comply with all ordinances and/or laws relating to curfew requirements for individuals under the age of 18 years. 1 3 3-7 234 September 10, 1991 Pool tables, video games and other entertainment devices shall be licensed as required by the Mound Code of Ordinances. The total number of pool tables in the club shall be limited to four (4) and the number of amusement devices (video games) shall be limited to twenty (20). The structure and the facilities therein shall meet all applicable building, fire and health codes. The business shall comply with all provisions of the Mound Sign Ordinance. After hours loitering around the building or in the adjacent parking lots shall be prohibited. The business shall be responsible for picking up all litter attributable to customers around the building and in adjacent parking lots. At least one uniformed, off-duty police officer, paid by the club shall be on the premises from 7:00 P.M. until closing on Friday and Saturday evenings. This requirement may be expanded by the Mound City Council upon staff recommendation. The applicant shall prepare a plan for the location and installation of bicycle racks with such plan being approved by the Mound Building Official prior to installation and prior to the opening of the club. Pollution Control Agency Rule No. 7010 relating to noise must be complied with. 10. An adult supervisor (minimum 18 years old) shall be on the premises at all times when the club is open. 11. Prior to the opening of the club, the applicant shall prepare a written operations manual to be followed by all club employees. The manual shall address but not be limited to an appropriate dress code and a description of appropriate reactions to behavioral problems that arise. Said manual shall be reviewed by the Mound Police Department with a copy being retained in the-City's files. 12. 13. 14. 15. 235 September 10, 1991 The applicant shall work with the Mound Police Department to ensure that adequate lighting exists in and around the club building. Additional lighting as required shall be the responsibility of the aDplicant. Club employees (minimum 18 years old) shall be stationed at all entrances and exits to the club during all hours of operation. Prior to the opening of the club, the applicant shall submit a copy of a detailed floor plan clearly identifying all entrances and exits and corresponding security stations. Smoking in the Teen Club shall be prohibited. Dancing at the club shall be by patrons only and shall at no time involve dancers who receive compensation either directly from the club or by tips except as approved by. the City Council. 16. The applicant shall submit a detailed site plan identifying outdoor storage areas for recycling materials and trash dumpsters. These areas shall be within enclosures meeting City screening requirements and shall be constructed, prior to the opening of the club. These plans are to be approved by the City Building Official. 17. Smith and seconded by Counctlmember Ahrens. The following Councilmembers voted in the affirmative= Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmemb~rs v~in the negative: none. ~ Attest: City Clerk The applicant to submit a detailed scale floor plan for the teen club showing the location of the pool tables and video machines on each level and the limits of the teen club within the structure, identifying what is teen club and what is restaurant. No more than 4 machines on the teen club level. The balance of the pool tables and video machines to be located on the mezzanine level. This detailed scale floor plan will become a part of the approving resolution. (EXHIBIT A) The foregoing resolution was moved by Councilmember RECEIVED JAN ! 0 1992 MOUNO PLANNING & INSP. MINUTES - MOUND CITY COUNCIL - JANUARY 14~ 1992 1.9 DISCUSSION ITEM~ CASE ~91-040[ JOHN FLAHERTY~ ~313 COMMERCE BLVD. {NETKA BUILDING), PID ~14-117-24 44 0042, AMENDMENT TO CONDITIO~A~ ~SE PERMXT J91-123~ The City Planner explained that this is a discussion item. The applicant originally submitted a floor plan that was part of the approving resolution. He subsequently changed the floor plan which did not conform with the resolution of approval. This would require an amendment to the conditional use permit. An amendment to a conditional use permit requires a public hearing. Thus, the applicant has submitted a third floor plan which is a little different than the language in the resolution, but is in compliance with the terms of the resolution, i.e. allowing only 4 video machines on the main floor, the mezzanine level will not be used until*it can be brought up to handicapped code. The Planner then explained that there needs to be some channeling or control over vehicle movement in the alley that runs along the south side of the building where the entrance will be. The suggestion is to install bollards or other barrier devices on private property to ensure the safety of pedestrians entering and exiting the building. The Council discussed the last floor plan submitted and agreed that it was essentially in compliance. They want the plan to show the dumpster enclosure, bike rack and bollards or barriers. The Council advised Ms. Flaherty that if they wish to have additional video machines or pool tables on the main floor, they would need to apply for an amendment to the conditional use permit. Hoisington Group Inc. LAND USE CONSULTANTS PLANNING REPORT Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: January 9, 1992 SUBJECT: Conditional Use Permit Resolution Amendment APPLICANT: John C. Flaherty C~E NUMBER: .... 91-040 HGI FILE NUMBER: 92-1h LOCATION: 2313 Commerce Boulevard EXISTINO ZONINO: Central Business (B-l) COMPREHENSIVE PLAN: Commercial BACKOROUND: On September 10, 1991 the City of Mound approved Resolution $91-123 authorizing a teen club at 2313 Commerce Boulevard. Due to a proposed change in the use of various portions of the building, the applicant is requesting that the original resolution be amended. COMMENT: Originally, Mr. Flaherty intended to install video games and pool tables in the mezzanine area of the existing building. Recently, a decision was made not to use this space for any activities related to the public portion of the teen club. Therefore, it is necessary to locate all of the video games and pool tables on the main floor of the structure. Condition $17 of Resolution $91-123 limits the total number of video machines on the main level to 4.. When the teen club proposal was originally reviewed, the applicant stated that the club would contain a mix of pool tables and video machines. The original resolution allowed a total of 4 pool tables and up to 20 video games which exceeds the number now being proposed. Since the business will now occupy only one floor and the total number of games is less than was originally proposed, it is reasonable to modify the resolution to accommodate the change. The proposed floor plan (Exhibit A) identifies the front of the building as the location for the video games and pool tables replacing the previously proposed restaurant area. While the previous plan included these same uses, they were not featured in such a visible and prominent location. The image of a ~estaurant 7401 Metro Blvd. · Suite 340 · Minneapolis, MN 55439 · (612) 835-9960 Flahert¥ Planning Report - Resolution a~endment January 9, 1992 Page Two as viewed from the street is more supportive of Mound's attempt to revitalize the downtown area than is the image of a video arcade. The Council may want to consider requesting that the applicant explore alternate locations for the video games within the building. The original resolution also contained a clause calling for the approval of a detailed floor plan of the building. The floor plan labeled "Exhibit A" has been submitted in conformance with this requirement. The plan identifies the main entrance for the building off of the alley that runs along the south side of the structure. In this_area, the paved driving surface extends from building wall to building wall with no channeling or control over vehicle movement. Because the area is wide open, it is conceivable that the teen club doors could be opened directly into the path of an on-coming vehicle. This situation is unsafe and unacceptable. The alley along the south side of the building is intended to be an entrance only (one way circulation) off of Commerce Boulevard. A sign in the parking lot at the rear of the structure identifies the one-way circulation but the sign at the entrance along Commerce Boulevard is missing. Since the alley is intended to accommodate one-way traffic, adequate space exists for a building entrance, walkway and a drive aisle for vehicular movement. Protection for the entrance and walkway could be provided through the installation of bollards (steel posts) on private property. RBCOMME~DA?ION: In order to address the items discussed above, staff recommends that the City Council modify Resolution ~91-123 by replacing conditions 2 and 17 and adding condition 18 as follows: 2. Pool tables, video games and other entertainment devices shall be licensed as required by the Mound Code of Ordinances. 17. Except as modified under item #18, Exhibit A is approved as the floor plan for the teen club. The club shall be limited to no more than two (2) pool tables and no more than thirteen (13) .video games. All pool tables and video games shall be installed in the locations shown on Exhibit A. 18. The applicant shall submit a detailed plan for the main entrance of the building (alley) identifying the location of bollards or other barrier devices to be installed on private property to ensure the safety of pedestrians entering and exiting the building. Bollards or similar barrier devices shall also be installed to provide a safe walkway from the building entrance to the parking lot behind the teen center. The plan shall be prepared by a registered architect and shall be in conformance with Chapter 33 of the Uniform Building Flaherty Planning Report - Resolution Amendment January 9, 1992 Page Three Code. The plan shall be approved by the Building Official and City Engineer and all improvements contained therein shall be installed prior to the opening of the business. FOOTNOTE: When the teen club proposal was originally reviewed, plans called for the construction of a teen club and restaurant. Considerable discussion occurred on the timing of the opening of the club versus the opening of the restaurant and in the end, no specific requirements regarding the timing of the restaurant were included in Resolution $91-123. As Exhibit A shows, the restaurant is not included at this time. Mr. Flaherty recently stated that he may open the restaurant on the mezzanine level in the future. Major improvements will be required in the mezzanine area in order to utilize the space for a restaurant in compliance with applicable codes. RECEIVED JAN 2 1992 MOU~ PI. AN~ & I~i~. Form No. 28-M OUIT CLAIM DEED No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 by County Auditor Deputy STATE DEED TAX DUE HEREON: (reserved for recording data) Dated: October__, 1992 FOR VALUABLE CONSIDERATION, Arthur J. Peterson and Judith K. Peterson, husband and wife, Grantor(s), hereby convey(s) and quitclaim(s) to the City of Mound, Grantee(s), a municipal corporation under the laws of the State of Minnesota, real property in Hennepin County, Minnesota, described as follows: A perpetual easement for utility purposes over, under and across the West 8 feet of the East half of Lot 9, Block 21, Wychwood, according to the duly recorded plat thereof; together with all hereditaments and appurtenances belonging thereto. This deed is a corrective deed given for the purpose of correcting the erroneous legal description contained in that certain Easement deed dated May 23, 1979, filed as Document No. 1342050 in the Office of the Registrar of Titles of Hennepin County, Minnesota. The Seller certifies that the Seller does not know of any wells on the described property. Arthur J. Peterson Judith K. Peterson STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of October, 1992, by Arthur J. Peterson and Judith K. Peterson, husband and wife, Grantor(s). Notary Public This instrument was drafted by REED & POND, LTD., 5424 Shoreline Drive, P.O. Box 9, Mound MN 55364-0009. Tax statement for the real property described in this instrument should be sent to: CONSENT The City of Mound hereby consents to the above corrective easement and releases the East half of said Lot 9, Block 21, Wychwood from said easement Document No. 1342050 except the City retains its rights as set forth in the above corrective easement deed. IN WITNESS WHEREOF, the City of Mound has caused these presence to be executed this day of October, 1992. The City of Mound By Mayor By City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this day of October 1992, by , , and , respectively the Mayor and City Manager of the City of Mound, on behalf of the City. Notary Public RESOLUTION NO. 9~- RESOLUTION ~PPROV~NG ~ ~BL~NG PElleT ~PPL~C~T~ON FOR OUR L~DY OF THE ~ CHURC - I~FFLE~ 11-15-92 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves the Exempting from Lawful Gambling License application for Our Lady of the Lake Church, 2385 Commerce Blvd., Mound, MN. 55364, for a raffle, Sunday, November 15, 1992. LG220 Minnesota Lawful Gambling DATE '~"'"~ Application for Exemption from Lawful Gambling License FOR BOARD USE ONLY Fill in the unshaded portions of this application for exemption and send it in at least 45 daye before your gambling activil), for processing. ...-,w.:: :: ::i!:::ii!:!~!:'"'i![~!!:'": :"' :'""::!i !! i~ !~i Y" "!! ' "'" i: : :!: : : :!: ~ ::::::: :::::::::::::::::::::::::::::::::::::::: ?!:i:i:!:~:? : :::: ~treet _ ~ // ~ CAitY , . A State . Zip code -- I . ] Coumy Chief executive officer Phone Treasurer . Fr. ¢ i~,~.i:..... ~p~::.~....~a~on ............ : .............................................................................. ...: .............. ii ....... iiii iii Attach proof of nonprofit status which shows Check the box bebw which indicates your type of organization that your organization is nonprofit [] Fraternal ,~ Religious [] Veterans [] Other non-profit D IRS des~nation [3 Certification of Good standing from the Minnesota Secretary of State's office ..~..Affiliate of parent nonprofit oroanization (chart~) Name of site where aclivily will ta~e place ~ ~__ Street. I /~ O City ................ Township SIMa~e Zip c:o{:le ., ' nty Date(s) ol activity~ (~lme Bingo Raffles Paddlewheels Tipboards Pull-tabs I declare all information submitted to the Gambling Control Division is true, accurate, and complJefle. Chlef'e~ecutlve officer's signature[ I have received a copy of this application. This application will be reviewed by the Gambling Control Division and will become effective 30 days from the date of receipt by the city or county, unless the local government passes a resolution to specifically proh~it the activity. A copy of Ihat reso ut]on must be received by the Gambling Control Division within 30 days of the date filled in below. Cities of the first classhave 60 days n which to disallow the activity. City or County Township City or county name Township name Signature of person receiving application Signature of person receiving applicalion Ti'de Date received T~de Date received Mall with $25 permit fee and copy of proof of nonprofit status to: Department of Gaming - Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 W. County Road B REf3OLUT'rON NO. 9 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY, $I6~210,69 FOR 1976 WATER REVENUE BONDS WHEREAS, funds from water revenue will be great enough to pay principal and interest payments due in 1993 on the 1976 Water Revenue Bonds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby request that the Hennepin County Auditor not levy $16,210.69 established for the taxes payable in 1993 for Water Revenue Bonds. RESOLUTION NO. 92- RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE ANOUNT OF $15,957.00 WHEREAS, there is a Resolution #78-302 with the Hennepin County Auditor directing a levy of $15,957.00 for General Obligation Improvement Bonds of 1978; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1993. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $15,957.00 for 1993 taxes payable for the General Obligation Improvement Bonds of 1978. 397 RESOLUTION NO. 9~- I~SOLUT~ON C2B~CELL~N~ THE LEVY ON THE ~ENEI~L OBLIGATION lXPROVEI(ENT BONDS OF ~979 ~N THE 2%I(OUNT OF $X5,570.00 NHERE~S, there is a Resolution #79-295 with the Hennepin County Auditor directing a levy of $15,570.00 for General Obligation Improvement Bonds of 1979; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1993. NOW, THEREFORE, BE XT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $15,570.00 for 1993 taxes payable for the General Obligation Improvement Bonds of 1979. RESOLUTION NO. 92- RESOLUTION C~CELLING THE LEVY ON THE ^BGENEI~L OBLIGATION IMPROVF,.~ENT BONDS OF 1980 IN THE ~d~OUNT OF ~4t089o00 WHEREAS, there is a Resolution #80-223 with the Hennepin County Auditor directing a levy of $4,089.00 for General Obligation Improvement Bonds of 1980; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1993. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $4,089.00 for 1993 taxes payable for the General Obligation Improvement Bonds of 1980. REBOLUTION NO. 92- RESOLUTION CANCELLINO THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 IN THE AMOUNT OF $12,900.00 WHRRRlS, there is a Resolution #82-242 with the Hennepln County Auditor directing a levy of $12,900.00 for General Obligation Improvement Bonds of 1982; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1993. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $12,900.00 for 1993 taxes payable for the General Obligation Improvement Bonds of 1982. RESOLUTION NO. 92- RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIG&TION BONDS OF 1984 IN THE AMOUNT OF $14;796.00 WHEREAS, there is a Resolution #84-118 filed with the Hennepin County Auditor directing a levy of $14,796.00 for General Obligation Improvements Bonds of 1984; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1993. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $14,796.00 for 1993 taxes payable for the General Obligations Improvements Bonds of 1984. RESOLUTION NO. RESOLUTION ESTABLISHING THE PROCESS OF INTERVIEWING C/~qDIDATES FOR ADVISORY COMMISSION APPOINTMENTS BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby establishes the following policy as it pertains to the interviewing of candidates for advisory commission appointments: Candidates for appointment to advisory commissions will be inte~~l~k~,y~th~e~pplicable commission and the City Council~~~~% of.- the Whole meeting (7 PM). Following the interviews, the commission will meet that same evening and establish a ranking of the candidates, listing the candidates and the number of votes they have received. The commission will then submit the results to the Council that ~. The Council, by consensus, will move the appointments to a subsequent regular City Council meeting for official appointment. BE IT FURTHER RESOLVED, that if candidates who wish to be considered for appointment cannot be present for the interviews that the commission and the City Council will base their decisions on the resumes submitted. The foregoing resolution was moved by Councilmember seconded by Councilmember The following councilmembers Voted in the affirmative: The following councilmembers voted in the negative: Mayor Attest: City Clerk BILLS October 13, 1992 BATCH BATCH 2093 2094 TOTAL BILLS $390,719.37 97,975.85 $488,695.22 aO 0 0 0 ~o~o oo oo I I I I I I I I 0 I Z 0 ,-~ I I.U Z 0 Z,-.~ Z O~ uJ (Lo · · -J Z tJ,J '" 0 I iv',, C~. I-- _1 0 o O. O' fl., o T Z Z 0 0 Z i-4 o o 0 Z · ~.~0~ Z A o Z 0 g I~ o 0 O~ Z ;I: 0 O, 3- Z LU · 0 O~ I I 0 0~0~ I ! 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Z 0 ,,,.~ I 0 Z "1- oO <LO Z 0 I o ~ ~'~ O- Z Z 0 Z I Z IIIII IIIII Z 0 ~ .=~ uJ m.. cD, 0 C~ Z Z laJ U.J · .-I ...J Z r~ < O0 0000000000 000000000~ 0 O0 00000~ 0000 o~oo III 000 OmO III O~ 0~'4 o' ! oO p~ I 0 oo oo 0 0 CITY of MOUND 534! MAYWOOD ROAD MOUND MINNESOTA 55364 !657 (612) 472-0600 FAX (612) 472-0620 October 1, 1992 TO: N~YOR, CITY COUNCIL ~ CITY MANAGER FROH: JOEL KRUI~, ~I~UOR STORE I~NAGER 8/( SUBJECT: SEPTEMBER L992 MONTHLY REPORT It was a terrific month for us. Without being open on Labor Day, which I am grateful for because it rained, we posted some quite impressive numbers. Sales for the month were $110,175. That's the first time we have gone over the one-hundred thousand dollar mark for a September. Last year in September, sales were $90,406. For this year so far, sales are $941,331 compared to $916,755 at the same time last year. One other small item to note, but one that has made a huge difference in the appearance of our store, concerns our overhead lighting. You may or may not have noticed that we used to have plastic covers covering our ceiling lights. If you haven't noticed that's all right because most people don't look up when they are walking. The covers were old, brittle and yellowing. I decided to remove them completely thus brightening the store, giving us fifty percent more seeing capability. It looks much better and when we get our new carpeting next year it will look downright cheerful. JK:ls printed on recycled paper WIDMER INC. P.O. Box 219 ST. BONIFACIUS, MINNESOTA 55375 Phone 446-1495 FAX 446-1836 of i Pages PROPOSAL SUBMITTED TO City of Mound STRE£? 5341 Maywood troD, ~64 ARCHITECT JOATE OF PLANS We hereby submit spec,fications and estimates for: 1992-1993 SEASON: PHONE 472-1251 JOB NAME SNOW REMOVAL JOB LOCATION DATE 9-14-92 IJOB PHONE 966 Cat 5 yd. $92.00 per hr. 744 John Deere 5 yd. '$92.00 per hr. 66 Kawasaki 4 yd. $82.00 per hr. 950 Cat 3~5 yd, $78.00 Per hr. 300 Komatsu 3 yd. $78.00 per hr. 140 cat W/Wing $82,00per hr. 740 Champion W/wing $82.00 per hr. 70 D Cat W/Wing $72,00 per hr. Truck with plow & spin sanders $52.00 per hr. 4 x 4 Pickups $50.00 per hr. 1845 Case Skid Loaders with or w/o brooms $63.00 per hr. Tandem Dump Trucks $50,00 per hr. Salt Delivered $38.50 ton per We reserve the right to file · Mechanics Uen ff bill is not paid within the length of time prescribed by law. You agree to pay ell colt incurred pertaining to lien. We will not be responsible for any underground utilities that cannot be located by the utility companies or the homeowner. Normal clean.up is Included In this proposal. There Is no sod figured In this proposal. We will not assume the responsibility for water pipes, trees, tree roots, sprinkler systems, etc. unless notified to exact location prior to excavating. Frost ripping extra charge, It ls expressly stipulated and agreed that the undersigned shall not be held liable for damages to grass, trees, shrubs and any underground obstructions, including pipes, electrical wiring and etc. In bidding job we figure soil to be dry. If wet, there will be extra charges based on time and material. ]~P ~t'13pl]Eit) hereby to furnish material and labor -- complete in accordance with above specifications, for the sum ofi Payment to be made as follows: dollars ($ ), Within 30 days upon billing. A finance charge of 1.5% per month (18% annual rate) will be charged on past due accounts. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delay~ beyond our control. Owner to carry fire. tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Arreptanre of Iroposal- The above prices, Signature Note: This proposal may be withdrawn by us if not accepted within__ --days. specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature Signature 319 October 24, 19~ RESOLUTION ~91-161 RESOLUTION ACCEPTING AND AWARDING THE BID FOR 1991-92 CBD SNOW REMOVAL TO WIDMER BROS. WHEREAS, an advertisement was placed in the official newspaper, The Laker, and bids were solicited for the Central Business District snow plowing for 1991-92; and WHEREAS, the following bids were received: 1991-92 CBD SNOW REMOVAL WIDMER, INC., ST. BONIFACIUS, MN. 966 E Cat Rubber Loader Model 66 Kawasaki (4 yd.) 2 - 950 Cat Road Patrol Model 140 G 2-T Dump Trucks with Plow & Sander Pickups with Plows Dump Trucks Bobcat Salt-Sand Mixture $90.00/hour $80.00/hour $75.00/hour $80.00/hour $50.00/hour $48.00/hour $4$.00/hour $58.00/hour $38.00/yd. KEN DEHMER, ST. MICHAEL, MN. Front End Loader 5.5 Bucket Tandem Axle Truck 10 yard box Bob Cats Plow Trucks Pickups $60.00/hour $35.00/hour $40.O0/hour $35.00/hour WHEREAS, Widmer Bros., Inc., was the only bid received that met all the specifications required. NON, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby award the C.B.D. snow removal contract to Widmer Bros., Inc., for the quoted costs, as stated above, for the 1991-92 winter plowing season. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Ahrens, The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembe~s~voted in the negative: none. ~k;~ C.~~. ~/ Mayor Attest: City Clerk 13 13 RESOLUTION NO. ~ RESOLUTION REQUESTINCTHE COUNTY AUDITOR NOT TO LEVY ~ FOR 1976 WATER REVENUE BONDS WHEREAS, funds from water revenue will be great enough to pay principal and interest payments due in ~ on the 1976 Water Revenue Bonds. I~ NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby request that the Hen- nepin County Auditor not levy $tq~%~-.9~ established for the taxes payable in ~ for Water Rever~ Bonds. The foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Jensen. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. Attest: City Clerk 9 RESOLUTION NO. 91-~ 9 January 8, 1991 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $~49~-r~0 WHEREAS, there is a Resolution #78-302 with the Hen- nepin County Auditor directing a levy of $t~$&~ for General Obligation Improvement Bonds of 1978; and /Y qYg,~O WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in ~. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $1';7~ for ~=39~ taxes payable for the General Obligation Improv.e~m~n_t Bonds of 1~78. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. ~~~ Attest: City Clerk l0 10 January 8, 1991 RESOLUTION NO. 91-9 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 IN THE AMOUNT OF WHEREAS, there is a Resolution #79-295 with the Hen- nepin County Auditor directing a levy of $T-7~ for General Obligation Improvement Bonds of 1979; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $~ for ~ taxes payable for the General Obligation Improvement Bonds of ~979. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Attest: City ~l~rk 11 11 January 8, 1991 RESOLUTION NO. 91-10 RESOLUTION CANCELLING THE LEVY ON THE ~E~E~L OBLI~A?IO~ IMPrOVEmeNT SO,DS OF ~9s0 IN THE m,~OU~ O~ $~ WHEREAS, there ~s a Resolunion ~80-223 with the Hen- nepin County Auditor directing a le~ of $4~ for General Obligation Improvement Bonds of 1980; and ~,6~q.00 ~EREAS, it appears that there will be sufficient funds to cover the principal and interest due in ~. NOW, THE~FO~, BE IT ~SOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make.the.levy of $.~-~ for ~ ~=~. ~ .... enera Ob at o. The f ' ' ~ ~9'~ %~ orego~ng resolution was moved by Councilme~er Jensen and seconded by Councilme~er Smith. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Attest: city Clerk 12 January 8, 1991 RESOLUTION NO. 91-11 RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 IN THE AMOUNT OF WHEREAS, there is a Resolution #82-242 with the Hen- nepin County Auditor directing a levy of $~ for General Obligation Improvement Bonds of 1982; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in t9&3~. NOW, THEREFORE, BE IT RESOLVED that the City Council of the. City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $~ for ~ ~axes payable for the General Obligation ImprovemeJ~t Bonds of 2 The foregoing resolution was moved by uouncilmember Jensen and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. Attest: city Cler~k' The following Councilmembers voted in the negative: none. -Mayor - ARNE tt. CARLSON October 9, 1992 STATE OF MINNESOTA OFFICE OF THE GOVERNOR 130 STATE CAPITOL SAINT PAUL 55155 OCT, $ i99~ OOT 1 3 1992> The Honorable Skip Johnson City of Mound 5341 Maywood Raod Mound, MN 55364-1687 Dear Mayor Johnson: I need your help. I am writing to you because, as an opinion leader, I know you will agree that what I am about to address in this letter is of extreme importance to all of Minnesota. For the third year in a row, our Administration is facing a budget deficit. Put simply, the state of Minnesota is again committed to spend more than it is taking in. When I took office in January, 1991, I inherited a budget deficit of $1.9 billion. As required by Minnesota law, this shortfall was resolved. In January, 1992, we were faced with another budget shortfall of $569 million. That shortfall was also resolved through difficult decisions but without major disruption or severe consequences. Now it appears that the Administration and the 1993 Legislature must balance a budget deficit of at least $840 million. This $840 million deficit will occur even though state revenues are projected to grow by 11.4 percent for the next biennium. I am committed to covering this shortfall without new taxes. It is difficult to imagine anything more destructive to an economy in a recession than additional taxes. Taxes will cost us jobs. Taxes lower take home pay and make Minnesota goods and services less competitive. Furthermore, taxes are not the solution to what ails Minnesota's budget condition. These repeated budget shortfalls clearly point to the fact that Minnesota is facing a structural budget problem. This pattern of overspending was created during the decade of the 80's through spending commitments that were made without direct consideration for revenue intake. An 11.4 percent revenue increase ought to be enough for any state to live on. But the state of Minnesota is committed to a 14.8 percent increase in spending before the Legislature even takes a vote just to fund existing programs. The state of Minnesota, just like families, business, and other units of government, should be expected to live within its budget. That is why I am writing to you. To cover this shortfall without new taxes on our citizens requires difficult decisions and choices. I need the assistance and thoughtfulness of your organization to help me and my Administration. I am calling on several different groups from AN EQUAL OPPORTUNITY EMPLOYER O PRINTED ON RECYCLED PAPER s~-;.75 social service organizations to business, labor, agriculture, and others to assist me with this major challenge. I believe it is time for all Minnesotans, not just special interest or lobbying groups, to have a voice in how we resolve the state's structural financial problem. The time has come to make some very difficult choices requiring courage, compassion and creativity. But, in order to do so, Minnesotans must first understand we do have a serious situation confronting us. As the Governor of Minnesota, I want to make sure that there are no surprises this legislative session and that there has been ample time to thoughtfully debate the issues surrounding a resolution to this budget shortfall. Imagine these scenarios, none of which our Administration would actually propose and none of which would cover this gap. Closing all state offices and laying off all state employees paid for through the state's general fund still would not produce savings sufficient to cover the budget shortfall. We could drop all direct aids to cities, and that would not be enough. We could close all of the state prisons and hospitals, and that would not be enough. It concerns me that one month prior to an election, there is very little public discussion about the mere existence of a shortfall, let alone possible solutions. Now is the time for all Minnesotans to have a voice in the outcome of our state budget. If you share my concern and want to make your opinion known, I suggest you consider the following: whether you are a Republican or a Democrat, call your local legislative candidate and find out where he or she stands on the budget issue. Ask them how they plan to deal with the $840 million shortfall. Ask them if they plan to raise taxes to make the adjustment, or if they are willing to support a no tax solution; for more detail, please review your copy of "Minnesota's Financial Outlook," enclosed with this letter; let me know, via the enclosed survey, how you think we should make the tough budget choices; and o use our toll-free number at the Governor's Office to communicate any other thoughts you have about Minnesota's budget problems. Our number is 1-800-657- 3717 (or, if you live in the Twin Cities metro area, call us at 296-3391). The challenge we face is not pleasant one. However, I am confident that if we all pull together and balance individual interests with what is good for the state as a whole, we can restore the fiscal stability that is so important to Minnesota's quality of life. Warmest regards, ~E~H. CAR~LSO~N~ ~n''~ Governor NOTE: Your Name: SURVEY Please return this survey to Governor Arne Carlson by December 1. Thank you for your time. Governor Arne H. Carlson Room 130 State Capitol St. Paul, MN 55155 phone: (612) 296-3391 fax: (612) 296-2089 Organization: Street: City: Phone: While there are no easy answers, I think that there is still room to raise Minnesota's taxes to cover the budget shortfall because high taxes should be secondary to quality government programs and assistance. Agree Disagree I think it is time to hold the line on spending even though it will be painful because in the long run higher taxes will lower individual incomes and cost Minnesotans jobs. Agree Disagree Are there one or two programs you feel should absolUtely be protected from any spending reductions in the next biennium? If so, please identify the program(s) and describe your reasons. -continued- If you believe that there are programs to be protected or even increased during the next budget cycle, please identify how you would pay for them - by reducing spending for other programs or by increasing taxes. (Please be specific and make sure that your reductions or tax increases are enough to cover the needed funds). o Are there state programs, aids, and agencies which you feel could be reduced, eliminated, or consolidated to save money during the next biennium? If so, please identify. Do you believe your community and/or organization understands that a serious structural budget problem is facing Minnesota? YES NO community organization e Do you believe that your community and/or organization is prepared to accept less in order to bring our structural budget problem under control? YES NO community organization 8. Other comments for the Administration to consider when drafting the budget. Minnesota's Financial Outlook Department of Finance Minnesotats Financial Outlook Minnesota Department of Finance 9 October 92 The Governor and the Legislature have responsibly resolved three budget shortfalls totalling nearly $2.5 billion over the past year and a half. The deficits were solved without the massive layoffs, major tax increases and service shut-downs that have plagued other states. The rate of growth in state spending has been reduced to 9.1% for this biennium, by far the lowest rate in the past 20 years. However, Minnesota still faces an $837 million deficit in the next biennium, with no rainy day budget reserve. The basic fiscal 'problem that has historically faced the state, and will continue to confront Minnesota, is a structural imbalance between revenues and expenditures' (Chart 1). O For the 1994-95 biennium, revenues are projected to grow by $1.6 billion (11.4%) over the previous two years. This is a healthy increase in the state's capacity to fund its programs. Unfortunately, expenditures will need to grow by 14.8% just to fund exiting programn, and before any new commitments are made. Unless action is taken in the next session, the state will be spending over $1.6 million more each day than it will be taking in by F.Y. 1995 (Chart 2). The problem is not a lack of revenue. The problem is spending. Projected 1994-95 spending growth will again exceed the rate of inflation, just as it has for nearly every year of the past two decades: In fact, unless changes are made in the next legislative session, state spending will grow at twice the rate of inflation (Chart 3). For the f'wst Carlson budget, state spending growth was held to near the rate of inflation for the fa'st time in a decade. The only time that state spending grew slower than the rate of inflation was during the Quie years, when the nation experienced double- digit annual inflation. Spending was not reduced to solve the previous shortfall. Only the rate of increase in spending was cut. Even after adjustments are made to account for transfers among program areas, spending did grow and will continue to increase substantially for most state programs (Chart 4). Over two-thirds of the state's 1994-95 budget is projected to go to education and human development. Aids to local units of government and other forms of property tax relief represent nearly 16% of total spending. Only 6% of the state budget funds the operations of state agencies (Chart 5). Three spending areas account for 58% of the state's budget, but will generate 88% of all spending growth in 1994-95. Spending on health care, elementary and secondary education, and local aids and property tax credits is projected to grow the fastest in the next biennium (Chart 6). Health care spending is projected to grow by 31% over the prior biennium. In comparison, all other human development programs will grow by only 5.4%. Welfare is not the problem. These programs only account for about 10% of the total human services budget. And, although the number of people who need family and child support services is growing, they have not received adjustments to cover cost of living increases for years. 0 The principal spending driver for the human services budget is medical care for the elderly and disabled. Two-thirds of Minnesota's human services budget goes to these programs, where spending is projected to grow at four times the rate of inflation. State payments to private nursing homes and private medical providers will increase over 40%, with about one-half of the increase due to more patients. Elementary and secondary education represents the second highest projected spending increase. Spending on K-12 education will grow by over $1 billion, an increase of nearly 24 % from the previous biennium. Student growth accounts for about one-third of the projected increase in education spending. Another one-third is attributable to inflation, with much of the remainder resulting from previous commitments for program funding increases. Local aids and property tax relief are the third major spending growth area. Projected state transfers to cities, counties and towns will require a 13 % increase. Spending growth for higher education, state agencies and all other programs is projected to be modest. State agency spending is projected to increase by 4.5 % for the biennium, but the Governor has already directed agencies to absorb inflation and to cut an additional 5%. In other words, state agencies face a total reduction of about 10%. And, state agencies are the only program area that actually received less money than they did in the prior biennium. mmm 0 X · mmm m~mm% A 0 A r' 0 ~ 0 0 0 0 0 -~ 0 0 +~ Z >' 0 ~) o .- ~ = (/3 = 3: uJ 0 0 o o~ § ~0 X iii CITY of MOUND 53-'~ MAYWOOD --DAD MOUNE M:NNESOTA 55364-168T ~12i 472 !~55 FAX~612) 472 [520 PARKS DEPARTMENT SEPTEMBER 1992 MONTHI,Y REPORT Parks The laSt of the summer equipment has been put away for the winter. Ail that remains now is the tennis nets at Swenson and Three Points Parks. We generally wait with these until the weather has left no possible warm days. The dock at Mound Bay Park is scheduled for removal the second weekend in October. All the planters at the parks will be cleaned out as soon as there is a hard freeze. The parks will be mowed once more before the middle of October then the mowers will be changed over for winter use of the broom and snow thrower. Docks The storage of docks has begun. The dock inspector will be making more rounds to see that everything is stored properly. Ail the new forms for the 93 docks program have been put together and will be going to the Park and Open Space Commission in'October and later to the City Council. Applications have been prepared for the 1993 riprapping of City shoreline, generally this will only take four weeks for approval from the Minnehaha Creek Watershed. Cemetery Phil Haugen, caretaker at the cemetery, has done a great job of repair work over the summer. As you recall with the early snows a year ago, the ground never froze and with the burials we had a lot of damage to the grounds. All that is left to do now is removal of the leafs and to place the marker stakes for winter burials. JF:pj printod on recycled paper CITY of MOUND 534t MAYWOOD ROAD MOUND. MINNESOTA 55364 1687 (612) 472-0600 FAX (6121 472-0620 October 6, 1992 TO; FROM; SUBJECT; Ed Shukle City Manager Geno Hoff Street Supt. September's Activity Report The first couple of days were spent making repairs to Baywood Shores Lane. We had a sewer main break and had a little trouble locating the leak. We took out a section of blacktop 26' wide and 30' long so it took us awhile to replace the street. When the city was putting in curb & gutter and blacktopping all streets, for some reason we didn't do Sandy Ln. That's an alley that is only 150' long and 12' wide. The problem is its very steep and has a Class 5 surface and when we get alot of rain the Class 5 is at the bottom of the hill. The 9th we decided enough is enough, we fired up the old grader and started cutting ditches and crowning the road, just like the old days. When we finished the grading we dressed the crown with blacktop millings and swaled the ditches with hot mix. This is not a permanent solution to the problem but its alot better than it was. The 14th we got about 4" of rain, we had one problem, some debris washed off of private property and plugged a catch basin thus washing out a neighbors yard (NO FAULT OF THE CITY). We had some curb and gutter repair and also some new sidewalk, 50' curb and gutter and 40' sidewalk. We were out with the two sweepers and the vac-all 4 days this month. That 4" rain fall caused alot of debris to wash into the streets. We did some work on the Lost Lake Site getting it ready to accommodate the brush pile the Fall Clean-up. printed on recycled paper SIGN WORK 2 - Watch for Pedestrians signs on Lynwood, 2 - Stop, 3 - Street signs, 1 - Security fence at the Lost Lake site 200' long, 3 - No Parking, 2 - Slow Children. CEMETERY WORK Staked out 4 graves and 4 stones. LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Len Harrell Monthly Report for September 1992 STATISTICS The police department responded to 717 calls for service during the month of September. There were 20 Part I offenses reported. Those offenses included 2 criminal sexual conducts, 7 burglaries, 1 homicide, 2 aggravated assaults, 7 larcenies, and 1 vehicle theft. There were 53 Part II offenses reported. Those offenses included 5 child abuse/neglect, 2 forgery/NSF check, 5 damage to property, 4 liquor law violations, 5 DUI's, 2 simple assaults, 7 domestics (5 with assaults), 10 harassments, 3 juvenile status offenses, and 10 other offenses. The patrol division issued 110 adult citations and 3 juvenile citations. Parking violations accounted for an additional 7 tickets. Warnings were issued to 36 individuals for a variety of violations. There were 0 adults and 1 juvenile arrested for felonies. There were 14 adults and 10 juveniles arrested for misdemeanors. There were an additional 11 warrant arrests. The department assisted in 12 vehicular accidents, 1 with injuries. There were 15 medical emergencies and 24 animal complaints. Mound assisted other agencies on 10 occasions in September and requested assistance 8 times. Property valued at $15,806 was stolen and $12,173 was recovered in September. MOUND POLICE DEPARTMENT MONTHLY REPORT - SEPTEMBER 1992 II. III. IV. INVESTIGATION The investigators worked on five child protection cases and one criminal sexual conduct case in September. Through the first nine months of 1992 we have investigated 52 child protection cases and 8 criminal sexual conduct cases. Other cases investigated in September included burglary, thefts, criminal damage to property, fraud, forgery, deprivation of parental rights, domestic abuse, harassing communication, arson, minor consumption, and absenting. Formal complaints were issued for theft by swindle, owner allowing uninsured vehicle to be driven, driving after revocation, possession of drug paraphernalia, and minor consumption. Personnel/Staffing The department used approximately 56 hours of overtime during the month of September. Officers used 28 hours of comp-time, 125 hours of vacation, 99 hours of sick time, and 10 holidays. Officers earned 51 hours of comp-time. Steve Grand has been assigned to the sergeant's position while Sgt. Hudson remains'at the Drug Task Force. Officer Gary Lotton has been assigned to the one year rotating position in investigation. Applications were received from approximately 70 candidates for entry level position for police officer. Twenty-five candidates were invited to the physical agility test and the field has been narrowed to seven candidates for the oral board. Training The department held an in-service night firearms training for all officers in September. Two officers attended intoxilyzer refresher, one medical refresher, and one attended the Wilson Supervisory Leadership series. 2 MOUND POLICE DEPARTMENT MONTHLY REPORT - SEPTEMBER 1992 Police Reserves No monthly report available at this time. OFFENSES REPORTED CLEAREO UNFOUNDED SEPTEMBER EXCEPT. CLEARED 1992 CLEARED BY ARREST ARRESTED ADULT JUVENILE PART ! CRIMES Homicide 1 1 0 0 Crimina[ Sexuat Conduct 2 2 0 0 Robbery 0 0 0 0 Aggravated Assautt 2 1 1 0 Burgtary 7 1 0 0 Larceny ? 0 1 0 Vehicte Theft 1 0 1 0 Arson 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 TOTAL 20 PART [I CRIMES third Abuse/Negtect 5 0 0 1 1 Forgery/NSF Checks 2 0 2 0 0 Criminal Da~mage to Property 5 0 0 1 1 Weapons 0 0 0 0 0 Narcotics 0 0 0 0 0 Liquor Laws 4 0 I 1 0 DUI 5 1 0 4 4 Simpte Assautt 2 0 1 0 0 Domestic Assault 5 2 0 4 4 Domestic (No Assautt) 2 0 0 0 0 Harassment 10 0 1 0 0 Juvenite Status Offenses 3 0 0 3 0 Pubtic Peace 2 0 1 1 1 Trespassing 0 0 0 0 0 Att Other Offenses 8 1 2 1 3 0 0 0 0 0 1 0 0 1 0 0 8 0 0 0 TOTAL 53 PART III & PART IV Property Damage Accidents 11 Persona[ Injury Accidents 1 Fatal Accidents 0 Medicats 15 Animal Cc~nptaints 24 Mutual Aid 10 Other Genera[ Investigations 588 16 14 lO TOTAL 649 Hennepin County Chitd Protection 5 TOTAL 717 11 16 14 11 1 CITATIONS DWI More than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired, or No Plates Illegal Passing Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Derelict Autos Seat Belt MV/ATV Miscellaneous Tags TOTAL MOUND POLICE DEPARTMENT MONTHLY REPORT SEPTEMBER 1992 ADULT 5 3 0 6 0 60 0 0 14 0 6 0 1 0 2 0 0 7 0 0 0 8 0 117 35o JUV 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 3 MOUND POLICE DEPARTMENT MONTHLY REPORT SEPTEMBER 1992 WARNINGS No Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL ~ARRANT ARRESTS Felony Warrant Misdemeanor Warrants ADULT 16 9 7 0 1 3 0 0 0 0 36 1 9 J~ 0 0 0 0 0 0 0 0 0 0 0 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT SEPTEMBER 1992 GENERAL ACTIVITY SUMMARY THIS MONTH Hazardous Citations 81 Non-Hazardous Citations 24 Hazardous Warnings 11 Non-Hazardous Warnings 14 Verbal Warnings 99 Parking Citations 7 DWI 5 Over .10 3 Property Damage Accidents 11 Personal Injury Accidents 1 Fatal Accidents 0 Adult Felony Arrests 1 Adult Misdemeanor Arrests 23 Adult Misdemeanor Citations 4 Juvenile Felony Arrests 1 Juvenile Misdemeanor Arrests 11 Juvenile Misdemeanor Citations 10 Part I Offenses 20 Part II Offenses 53 Medicals 15 Animmal Complaints 29 Other Public Contacts 588 YEAR TO DATE 575 224 107 316 879 444 51 35 61 15 0 42 328 94 31 79 39 253 554 209 741 5,044 LAST YEAR TO DATE 676 218 22 231 923 320 63 39 72 27 0 45 230 64 22 48 41 270 530 232 888 4,877 TOTAL 1,011 Assists 55 Follow-Ups 24 Henn. County Child Protection 5 Mutual Aid Given 10 Mutual Aid Requested 8 10,121 683 209 47 105 39 9,838 427 98 34 96 35 RUN: PRO0~ PROP TYPE AUTO/TK BIKE BIKE BIKE CLOTH CONSUM GUNS APPLNC APPLNC JEWELRY JEWELRY JEWELRY PER ACC CURNCY MV PRTS MV PRTS EOP TLS ALL OTR R 1'0CT-92 PROP DESC BICYCL BICYCL BICYCL INCIDENT NUMBER 92001529 92001538 92001567 92001591 92001617 92001625 92001642 92001593 92001642 92001510 92001510 92001510 92001573 92001642 91001621 92001520 92001642 92001558 92001617 92001642 INSTALLATION NAME -- MOUND POLICE DEPARTMENT E N FOR S PROPERTY - STOLEN/RECOVERED 08/26/92 THRU 09/25/92 SEQ TYPE DATE STOLEN DATE RECOVERED NO NO STOLEN VALUE RECOVERED VALUE 1 1 1 1 I 1 1 1 I 2 1 1 I 2 1 1 1 3 1 1 1 2 1 3 1 1 1 1 I 1 1 1 1 5 1 1 1 1 1 4 09/03/92 $12,000 09/04/92 $156 09/11/92 $400 09/16/92 $157 09/21/92 $57 09/21/92 $1 09/25/92 $150 09/15/92 $22 09/25/92 $310 08/31/92 $60 08/31/92 $1o000 08/31/92 $1,000 09/25/92 $30 10/03/91 $60 09/02/92 $50 09/25/92 $35 $93 09/21/92 $203 09/25/92 $22 09/04/92 09/13/92 09/18/92 09/09/92 TOTALS: $15,806 $12,000 S20 $60 $93 $12,173 PAGE Run: 1 -Oct-9P 10:58 CFS08 Primary ISN's onty: No Date Reported range: 08/26/92 - 09/25/92 Time range each day: 00:00 - 23:59 How Received: Att Activity Resutted: Att Dispositions: Att Officers/Badges: Att Grids: Patrol Areas: At[ Oays of the week: MOUND POLICE DEPARTMENT Enfors Ca[ts For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF OESCRIPTION INCIDENTS 9000 SPEEDING 60 9001 J-SPEEDING 1 9006 TEST REFUSAL 1 9010 BAC OVER .10 9014 STOP SIGN 6 9018 EQUIPMENT VIOLATION 1 9034 STOP ARM VIOLATION 9038 ALL OTHER TRAFFIC 3 9039 J-ALL OTHER TRAFFIC 1 9040 NO SEATBELT 8 9100 PARKING/ALL OTHER 6 9150 NO TRAILER PARKING 9200 OAS/DAR/DAC 6 9210 PLATES/NO-IMPROPER-EXPIRED 9211 J-PLATES/NO-EXPIRED-IMPROPER 1 9220 NO INSURANCE/PROOF OF 2 9300 LOST ARTICLES/OTHER 1 9312 FOUND ANIMALS/IMPOUNDS 3 9313 FOUND PROPERTY 2 9430 PERSONAL INJURY ACCIDENTS 1 9450 PROPERTY DAMAGE ACCIDENTS 9 9451 H/R PROPERTY DAMAGE ACC. 2 35'1"2.. Page R~: 1-0ct-92 10:58 CFS08 Prir~ry ISN's on{y: No Date Reported range: ~/26/92 - 09/25/92 range each day: 00:00 - 23:59 HON Received: A[[ ity Resulted: AIl Dispositions: At[ Officers/Badges: AIl Grids: ALt Patrol Areas: AIl Days of the week: HOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9561 DOG BITE 9710 MEDICAL/ASU 9730 MEDICALS 9732 MEDICALS/Cl 9800 ALL OTHER/UNCLASSIFIED 9801 DOMESTIC/NO ASSAULT 9802 PUBLIC ASSIST ALL HCCP CASES 9904 OPEN DOOR/ALARMS 9910 MISC. SERVICES BY OFFICERS 9930 HANDGUN APPLICATION 9980 WARRANTS 9990 MISC. VIOLATIONS 9992 9993 9996 A2331 A2512 A5351 MUTUAL AID/8100 MUTUAL AID/6500 MUTUAL AID/NARCOTICS ASLT 2-1NFLICTS BOOILY HARM-KNIFE ETC-ADLT-FAM ASLT 2-THREAT 8001LY HARM-POS FRRM-ADLT-ACQ ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHID-FAM ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ BURG 1-OCC RES FRC-D-UNK WEAP-COM THEFT 1 1 11 3 2 2 1 5 5 1 4 11 2 4 4 2 1 1 5 4 2 1 Bl134 Page $;/3 3sirI Run; 1-0ct-92 10:58 CFS08 Priory ISN's ~(y: No Date Reported range: 08/26/92 - 09/25/92 range each day: 00:00 - 23:59 Ho~ Received: A~ :y Resulted: Alt Dispositions: Att Off$cers/Badges; Att Grids: Att Patrol Areas: At[ Days of the week: Alt ACTIVITY COOE DESCRIPTION 83334 BURG 3-UNOCC RES FRC-D-U#K WEAP-CON THEFT 83394 BURG 3-UNOCC RES FRC-U-UNK WEAP-CC~ THEFT B376~ BURG 3-UNOCC NRES FRC-N-UNK WEAP~CCXq THEFT B4360 BURG 4-UNOCC RES FRC-N-UNK WEAP-UMK ACT 84790 BURG 4-UNOCC NRES FRC-U-UMK WEAP-UNK ACT H1034 MUR 1-UNK ACT-PREMED]TAT-KNIFE-CHLD-FAM 13060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD GM-DRIVE UNDER INFLUENCE OF LIOUOR J2700 TRAF-ACCID-GM-AGGRAVATED VIOLATION J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIOUOR K6004 DEPRIVE OF PARENTAL RIGHTS-UNK WEAP-CHLD-FAM L2022 CSC 1 WEAP-UNK ACT-PARENT-UNDER 13-M L3029 CSC 2-UNK ACT-PARENT-UNK AGE-F M2313 OBSTRUCT CORRESPONDENCE (POSTAL) M3001 JUVENiLE-ALCOHOL OFFENDER M4130 LIQUOR-INTOX LIQUOR lICENSES'PROHIBITED ACTS M4199 LIQUOR - OTHER M5313 JUVENILE-CURFEW M5350 JUVENILE-RUNAWAY FALSELY IMPERSONATING ANOTHER DISTURB PEACE-GM-HARASS-ABUSE-THRT-MAIL.DELiV q3030 DISTURB PEACE-MS-DISORDERLY CONDUCT MOUND POLICE DEPARTMENT Enfors Ca((s For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 2 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 Page Run.' 1-0ct-92 10:58 CFS08 Primary ISN~s only: No Date Reported range: 08/26/92 - 09/25/92 Time range each day: 00:00 - 23:59 How Received: Att Activity ResuLted: Att Dispositions: Att Officers/Badges: Att Grids: ALL Patrol Areas: ALL Days of the week: MOUND POLICE DEPARTMENT Enfors CeLLs For Service INCIDENT ANALYSTS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS DISTURB PEACE-MS-HARRASSING COMMUNICATIONS OBSENITY-MS'OBSCENE LETTER ETC-ADULT OBSENITY-MS-OBSCENE PHONE CALL*MINOR PROP DAMAGE-GM-PUBLIC-UNK INTENT PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-BUSINESS-UNK INTENT LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS THEFT-$251-$2500-FE-FRM BUILDING-HONEY THEFT-$251-$2500-FE-FRM SHIPMENT-OTH PROP THEFT-$~SO LESS-MS-FRM MOTOR VEHICLE-OTH PROP N3190 03772 03881 P2120 P3110 P3130 P3600 T2021 T2049 T4159 TG029 THEFT-LESS 200-GM-BUILDING-OTH PROP U3018 THEFT-MS-BY CHECK-200 OR LESS U349Z THEFT-MS-BICYCLE-NO MOTOR-201-500 U3498 THEFT-MS-BICYCLE-NO MOTOR-Z00 OR LESS V1022 VEH THEFT-FE-OVER $2500-TRUCK-BUS **** Report Totals: 261 Page Run: 1-0ct-92 11:13 OFF01 Primary JSN's on[y: No Date Reported range: 08/26/92 - 09/25/92 range each day: 00:00 - 23=59 Dispositions: ity codes: Officers/Badges: Alt Grids: AIl MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED A2331 A2512 A5351 A5354 A5355 Bl134 B3334 83394 B4790 H1034 13060 J2500 J2700 J3500 K6004 L2022 L3029 M2313 M3001 q5313 ASLT 2-1NFLICTS BOOILY HARM-KNIFE ETC-ADLT-FAM 1 0 1 0 0 0 1 1 100.0 ASLT 2-THREAT BOOILY HARM-POS FRRM-ADLT-ACQ 1 1 0 0 0 0 0 0 0.0 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM 5 0 5 0 3 1 1 5 100.0 ASLT 5'INFLICTS ATTEMPTS HRM'HANDS'CHLD-FAM 4 2 2 1 1 0 0 1 50.0 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ 2 0 2 2 0 0 0 0 0.0 BURG 1-OCC RES FRC-D-UNK WEAP-COM THEFT 1 1 0 0 0 0 0 0 0.0 BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT 2 0 2 2 0 0 0 0 0.0 BURG 3-UNOCC RES FRC-U-UNK WEAP-COM THEFT 1 0 1 1 0 0 0 0 0.0 4-UNOCC RES FRC-N-UNK WEAP-UNK ACT 1 0 1 1 0 0 0 0 0.0 BURG 4-UNOCC NRES FRC-U-UNK WEAP-UNK ACT 1 0 1 1 0 0 0 0 0.0 MUR 1-UNK ACT-PREMEDITAT-KNIFE-CHLD-FAM 1 1 0 0 0 0 0 0 0.0 CRIM AGNST FAM-MS-NEGLECT OF A CHILD 1 0 1 1 0 0 0 0 0.0 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR 1 0 1 0 1 0 0 I 100.0 TRAF-ACCID-GM-AGGRAVATED VIOLATION 1 0 1 0 1 0 0 1 100.0 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 3 1 2 0 2 0 0 2 100.0 DEPRIVE OF PARENTAL RIGHTS-UNK WEAP-CHLD-FAM 2 1 1 0 0 0 1 1 100.0 CSC 1WEAP-UNK ACT-PARENT-UNDER 13-M 1 1 0 0 0 0 0 0 0,0 CSC 2-UNK ACT-PARENT-UNK AGE-F 1 1 0 0 0 0 0 0 0.0 OBSTRUCT CORRESPONDENCE (POSTAL) 1 0 1 1 0 0 0 0 0.0 JUVENILE-AlCOHOL OFFENDER 2 0 2 1 0 1 0 1 50.0 LIQUOR-INTOX LIQUOR LICENSES-PROHIBITED ACTS 1 0 1 0 0 0 1 1 100.0 LIQUOR - OTHER 1 0 1 1 0 0 0 0 0.0 JUVENILE-CURFEW 1 0 1 0 0 1 0 1 100.0 R~: 1-0ct-92 11:13 OFF01 Primary ISN's only: No Oate Reported range: 08/26/92 - 09/25/92 Time range each day: 00:00 - 23:59 Dispositions: Activity codes: ALI Officers/Badges: AJJ Grids: MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ..... OFFENSES CLEARED .... ADULT, JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED M5350 JUVENILE-RUNAWAY 2 0 2 0 0 2 0 2 100.0 M7701 FALSELY IMPERSONATING ANOTHER 1 0 1 0 1 0 0 1 100.0 N2230 DISTURB PEACE-GM-HARASS-ABUSE-THRT-MAIL-DELIV 1 0 1 0 0 0 1 1 100.0 N3030 DISTURB PEACE-MS-OISORDERLY CONDUCT 1 0 I 0 1 0 0 1 100.0 N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 8 0 8 7 0 0 1 1 12.5 03772 08SENITY-MS-OBSCENE LETTER ETC-ADULT 1 0 1 1 0 0 0 0 0.0 03881 OBSENITY-MS-OBSCENE PHONE CALL-MINOR 1 0 1 1 0 0 0 0 0.0 P2120 PROP OAMAGE-GM-PUBLIC-UNK INTENT 1 0 1 0 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 3 0 P3130 PROP OAMAGE-MS-BUSINESS-UNK INTENT 1 0 1 1 0 0 0 0 0.0 P3600 LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS 1 0 1 0 0 0 1 1 100.0 T2021 THEFT-$251-$2500-FE-FRM BUILDING-MONEY 1 0 1 1 0 0 0 0 0.0 T2049 THEFT-$251-$2500-FE-FRM SHIPMENT-OTH PROP 1 0 1 0 0 0 1 1 100.0 T4159 THEFT*S250 LESS-MS-FRM MOTOR VEH1CLE-OTH PROP 1 0 1 1 0 0 0 0 0.0 TG029 THEFT-LESS 200-GM-BUILDING-OTH PROP 1 0 1 1 0 0 0 0 0.0 U3018 THEFT-MS-BY CHECK-200 OR LESS 2 0 2 0 0 0 2 2 100.0 U3497 THEFT-MS-BICYCLE-NO MOTOR-201-500 1 0 I 1 0 0 0 0 0.0 U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS 2 0 2 2 0 0 0 0 0.0 V1022 VEH THEFT-FE-OVER $2500-TRUCK-BUS 1 0 1 0 0 0 1 1 100.0 **** Report Totals: 67 9 58 31 11 5 11 27 46.5 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364,1687 (612) 472-0600 FAX ~612) 472-0620 Hatc, t i)opa~t, mont In S-ptembet wo pump-d 2'l,4qR,000 gallons of water. We have not yet completed gu, copper' and lead testing. We are having a difficult t.im- finding enough homes that have their kitchen ratio, et H~Oft~n. Hopefully we can have this completed by mid- I ha~,,~ tu~'n,=,] in Iny t-~,pr~tt and t-h~ financial report on the pt-opo.~,d wat,t metmt' lip or'aciD tO tho City Manager. We have start, ed [tre hydrant [l,lshing this week. This will be onmploted by Friday. Sewer Department 'l'h. lift station up--grad-s should be 100% complete by the end of October. Punch lists have been made and sent to the ~ontractors. Tho project went good for the most part. However we are experiencing some problems with the automatic dialers. we will have that resolve,] very soon. We have completed our fall fl,~sh.ing of wet wells and starting to prepare fall wJnt. er. printed on recycled paper CITY of MOUND 5341 MAYWOOD ROAD MOUND MINNESOTA 55364 1687 !612~ 472 ~t55 FAX ~6!2 4-2 3620 DATE: TO: FROM: SUBJECT: October 8, 1992 City Manager, Members of the City Council[/a~]nd Jon Sutherland, Building Official ~v/ , 8EPTE,V, BER 1992 MONTHLY REPORT Staff CONSTRUCTION ACTIVITY Construction activity is continuing to increase from last year with 37 plus building permits issued for September. This brings year- to-date construction value to $3,988,201, and that figure is about 23% ahead of last year. There were 71 total permits (including plumbing, mechanical, fence, and miscellaneous) issued in September resulting in another very busy month for Peggy James at the front desk assisting customers, answering questions, filling out applications, and filing the mounds of paper work created by our busy citizens. PLANNING AND ZONING The Planning Commission reviewed Draft #3 of the pending Shoreland Management Ordinance, five variance requests, one minor subdivision, and one street vacation this month. The City Council continued the public hearing on the zoning code modifications until November 10, 1992 to be concurrent with the Shoreland Management Public Hearing. TRAINING AND MEETINGS I attended the UBC Annual Code Change Meeting August 30th - September 4th in Dallas. This year's agenda had 403 proposed changes to the building code. Anyone can submit a code change proposal. The proposals are received at ICBO, then published in an printed on recycled paper September 1992 Monthly Report Planning & Inspections Department agenda for annual code development meetings held in February of each year. The public is welcome at the code development committee meetings where each proposal is debated according to Roberts Rules of Order. The committee's voting members are all members of ICBO, only a building official or his/her designee may vote on any proposed change. Ail member jurisdictions then receive a report of the outcome of the code development meetings, including a committee recommendation that becomes the standing ~otion for the annual conference. Local Building Official Chapters or individuals may offer challenges to the committee recommendation. That challenge is then published with the original proposal and the code change agenda is formed for the annual meetings. Again, only building officials or their designated representative for legal municipalities may vote on a code change. The proposal is either approved, revised, disapproved, or sent back to the committee for further study. A copy of the voting procedure and synopsis of the code development cycle is included for your information. Our local chapters are very active in the code development process and had two code changes approved by the ICBO this year. A highlight of this year's meetings was approval of a proposal to incorporate handicap regulations, the Americans with Disabilities Act (ADA), and the Federal Fair Housing Act Amendments (FHA) into the Building Code. The action is responsive to the needs of building officials and provides guidance to design professionals, building owners, and other affected parties as to compliance with this new federal regulation. This will eventually put the myriad of legislative levels of handicap regulations under one roof and into my lap. I welcome any comments, suggestions, or questions you may have regarding this information. JS:pj 2 Cl TY OF HOUND 5341 Neywood Roed lViound, NN 55564 BUILDING ACTIVITY REPORT m~SEP~ ,~v t992 NEW RE$1OENI3At. '.~ 3 3 262~051 22 2,241,1~1 ~ F.~U~ 3 3 26~,051 22 2,241,141 N~ . ~~ ~.~.. ,.~ · 4 r':.~ 49~388 34 791,703 ~M~ DET. 1 :/~'C~ 8,310 13 84~347 · ~'~ D~CKS ~ ~'~.?:-..11,~0 40 98,854 ~Hisc Xemo~el ~[ ~a 59,1i6 156 593~108 T~...~.~, 32 Fd~,~ 128,144 243 1,568,012 ~RESIOENTIAL T~NS & ALTERATI~ "~" ~ ~; 1 4,5 0 0 · ..... 1,~6~ 7 46,065 t ~' ~.lC '~ 4 73. 351 · ~LTI/CONDI ~} 3 55 ~ 132 ~~mm 2 ~ 1,965 15 179,018 TOTAL MONTH ~0 ~ ~ 22 Y~ TODATE T~I ~ .--- z z 7 I 7 T~ Oe,,~o,~ 2 2 15I 15 ~LLE~ION~ ~ 37 280 .. Fences/walls ~ 11 112 ~ 11 63 ~ 2 25 i~~ $~W 5 39 '*o~ 71 559 REQUIRED VOTE FOR THE MOST COMMON MOTIONS AT THE ANNUAL BUSINESS MEETING CODE CHANGES SESSION STANOING MO110N* t I i' ......... '~J STANOING MOTION~ F,'S YES FINAL AMENDED MO110N DorF~S ] MAdOIMTY VOTE Y~ I DM MOTION .o ,. , : ! A is Approval ' .... ~' ''' A/R is Approval as Rcviscd MOllON D is Disapproval ~ F/S is .. _ _ _,~l~_ _ _ _1~_ _.. ~ YES THREE-FOURTHS MAJORn'Y VOTE AoeAas { ,, AMENOED I *This is thc code development committees' recommendation. At thc opening of thc code change scssions at thc annual meeting, a motion is made to adopt thc recommendations of thc code development committees as published within their annual report. This is thc standing motion. ICBO CODE DEVELOPMENT CYCLE DATES 1992 I !.2-1993 I 1993-1994 [ 1994-1995 I 1.S-199~ [ 1996-199/ Tentative Schedule DF. SCRIPTION OF ACTlViTY 1992 1993 1994 199~ 1996 ! Deadline for receipt of new code July 15 July 15 July 15 July 15 July 1:5 change proposals (Oct. I)* (Oct. i)* (Oct. 1)* (Oct. I)* (OCt. I)* Members receive publication of new proposed code changes Dec. I Dec. ! Dec. I Dec. I Dec. I 1992 199.1 19~4 199S 19~ 199'/ Cede development commiUees Feb. :5-12 Feb. 4-13 Feb. 6-13 Feb. 2- ! 1 Tucson, Nonhero hearings Indiafupolis, Omaha, Sparks, Des Moincs, Arizona, California, Indiana, Nebraska, Ncvada, Iowa, TB^ TBA Hyau Regency Red Lion Inn Nugget Embassy Suites Members receive annual repofl of the code development committees April 1:5 April 15 April 1:5 April 15 April 1:5 April 15 Deadline for receipt ofchalJenges to the annual repofl of the code June I June I June ! June I June I June 1 development committees Members receive challenge agenda for ~ annual meeting code change July 17 July 30 July 29 July 29 July 29 Suly 26 S~:SSiOR Annual meeting Aug. 30-Sept. 4 Sept. 12-17 Sept. 11-16 Sept. 8-15 Sept. 4-13 Sept. 4-13 Dallas, Sacramento, Indianapolis. Las Vegas, St. Paul, Seattle, Texas, California, Indiana, Nevada, Minnesota, Washington. Fairmont Hyatt Regency Westin and Hyatt Riviera Hotel Radisson Hotel TBA Regency Or receipt of code changes that are related to issues tn code changes considered at thc annual meeting arc shown in parenthesis. (Dates ant tentative and subject to change: contact ICBO headquarters for more information.) CITY of MOUND 5341 MAYWQOD ROAD MOUND. MINNESOTA 55364 !687 6!2}472 't:55 FAX :612 z-2 362~ September 3, 1992 TO: CITY MANAGER FROM: CITY CLERK SEPTEMBER MONTHLY REPORT The City had 2 regular Council Meetings, in September. 13 resolutions and i ordinance were prepared. There was Agenda preparation for each meeting and items to clear up after each meeting. The Primary Election was September 15, 1992. We had a 21% voter turnout this year. There were more absentee ballots for this election this year because of the contest in Congressional District #6. This was the first election held in the 2 split precincts (Precinct 2 - Indian Knoll Manor and Precinct #6 - Hennepin County Library). It really went quite smoothly. There were a number of people who were not happy that they are now in Congressional District #2 because of the redistricting. The special assessment hearings will be held in October. These special assessments are for Central Business District Parking Maintenance, unpaid tree removal charges, and delinquent utility bills which will be placed upon taxes. Hearing notices were made up and have been submitted to the newspaper for publication. The mailed notice requires additional information and this also was done. All notices were mailed. The tax books have to be consulted on each one of the proposed assessments to be sure the notice is mailed to the proper person. There were the usual calls, questions and research done on specific items during the month. printed on recycled paper CITY of MOUND 5341 MAYWOOD ROAD MOUND MINNESOTA 55364-1687 f612) 472-0600 FAX (6t2) 472-0620 October 8, 1992 TO; Ed Shukle City Manager FROM; SUBJECT; Joyce Nelson Recycling Coordinator September's Recycling In September the ARM group went to see Wright County Material Recovery and Composting Facility. In this facility"they take the household garbage from homes in Wright County and make it into compost. This process takes about 80 days from when its brought in to the time it goes out. The end product is not used as a compost as we know it, it's used more as a fill, as it has no nitrates in it. This facility cost 13.8 million and can handle 165 tons per day. As you all know Hennepin County had its Household Hazardous Waste Drop off the end of September. This year 1260 cars came thru as compared to 1010 last year. This years it was set up different, so as people didn't have to wait long. don't know how much was colleGted yet. Now don't forget our Fa]] Recycling Days coming up October 23 & 24, you are all welcome to come and help. ~' printed on recycled paper MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT MON'IM M0WlM TO DATE TO DATE MONTH OF SEPTI~4BER 1992 NO. OF CALLS 36 46 361 MOUND FIRE ? ~ 73 ~8 _ l~R(~ 10 9 121 ] 26 _ FIRE 0 0 ? 11 MINNETONKA BEACH FIRE 2 ) 15 22 MINNETRISTA M'~G~ 5 4 29 26 FIRE 5 3 ~ 23 ORONO --, FIRE 0 0 Z SHOREWO0~ ..... m~m~GE~ 0 0 ~ SPRING PARK FIRE 2 6 24 25 I~ ~-'IGENCY 4 10 47 21 FIRE 0 0 4 2 MUYUAL AID I~R~ 0 0 0 0 TOTAL FIRE CALLS 16 17 143 142 IOTAL EMERGENCY CALLS 20 29 218 191 ~IAI, 1 3 9 5 RESIDI~IAL 3 7 54 46 IN]IIS'I~IAL 0 0 1 2 GRASS & MISCELLAIqE(IJS 3 3 30 35 ~ 2 1 10 7 FALSE AI~ / FIRE ALAI~ 7 3 39 45 NO. OF I~ FIRE 121 104 1929 1529 - MOUND I~I]~tGE~CY 180 203 2367 2479 ~ 301 307 4296 4008 .. FIRE 0 0 103 197 - MIKA BEACH I~IERGENC~ 19 18 90 80 TOT~ 19 18 193 277 FIRE 28 75 416 661 - M'TRISTA ~/ItllGENCY 85 78 527 526 TOT. AL 113 153 943 1187 FIRE 88 70 347 495 - ORONO .I~IERG]~ 0 101 340 222 ~ 88 171 687 717 ¥IRE 0 0 126 8 - SHOREWOOD ~I~llGB2qCY 0 0 16 15 T(YF. AL 0 0 142 23 FIRE 30 141 501 565 - SP. PARK I~G~ 95 188 972 355 ~)TAL 125 329 1473 920 FIRE 0 0 220 40 - I,I,"IIJAL m I~,I]~GM~ICY 0 0 0 0 lOT. AL 0 0 220 40 TOIAL DRILL HOURS 170 172½ 1552ti 1472½ TOTAL FIRE HOURS 267 390 3642 3495 TOTAL EMERGENCY HOURS 379 588 4312 3677 lOT_AL FIRE & ~llG~2~Y NOURS 646 978 7954 7172 MUIUAL AID RECEIVED 0 0 3 3 MUIUAL AID GIVEN 0 0 4 2 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF _ R~PTF/~RI~ lqq~ FIRE FIGHTERS DRILL8 & MAINTENANCE FIRE & RESCUE 9/21 9/28 ~ 1 J~3FF ANDERSI~q X X 2 19.00 2k 26 2 ~ ~ X X 2 19.~ 2 22 6 ~1'[ BRY~ X X ~ 19.~ 0 14 6.~ 84.~ 10 ~ ~ X X 2 19.~ 2~ 1~ 6.~ ~.~ 17 P~ ~y X X 2 19.~ 3 21 6.~ 126.~ 19 R~ ~ X X 2 19.~ 0 23 6.25 143.7} 20 j~ ~S X X 2 19.~ 5 19 6.~ 114.~ 21 J~ ~N X X 2 19.~ 2 14 6.~ ~.~ .~ ~V ~ X X 2 19.~ 1 12 6.~ 72.~ ~3 BM ~ X X 2 19.~ 2 21 6.~ 126.~ 24 Gg P~ X X 2 19.~ 2 13 6.~ 78.~ 25 M~ P~1 X X 2 19.~ 2~ 24 6.~ 144.~ 26 T~ P~ X X 2 19.~ 2 25 6.~ 150.~ 27 G~ ~M X X 2 19.~ 0 10 6.~ ~.~ ~ ~ ~S~ X X 2 19.~ 0 12 6.~ 72.~ 29 ~ ~VAE X X 2 19.~ 9{ 23 6.~ 138.~ ~ ~Y~ SIP~ X X 2 19.M 2 29 6.~ 174.~ .32 ~ g X X 2 19.~ 2 21 6.~ 126.~ 33 ~ ~N X ~ 1 9.50 2 16 6.~ 96.~ _~ ~ Va X X 2 19.M 2 24 6.~ 144.~ .]' ~ ~ X X 2 19.~ 19 12 6.~ 72.~ ~ ~ ~ X X 2 19.~ 2~ 12 6.~ 72.~ 37 D~S ~ X X 2 19.~ 0 18 6.~ 1~.~ ~ M 68 ~ 85 ~ 85 170 M ~6.~ 93 676 ~_4,072.25 93~S ~ 5.885.25 MOUND FIRE DEPARTMENT DRILL REPORT Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First aid and Rescue Operation Use of Self-Contained Masks Pumper Operation Fire Streams & Friction Loss House Burnings Natural/Propane Gas demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliance Hours Training Paid : ~ Excused X Unexecused O Present / Not Paid Miscellaneous : PERSONNEL ~J.Garvais Z~J.Andersen~ ~__~D.Grady Anderson ~ ~_~_K.Grady ~ J.Babb~ ~_C.Henderson D.Boyd~ ~_~P.Henry D.Bryce Z F~B.Landsman~ S.Bryce ~_~R.Marschke D.Carlson ~_~kJ.Nafus~ J,Casey ~J.Nelson S.Collins ~=~_M.Nelson __R.Englehart~ Z F~B.NiCcum S.Erickson ~G.Palm ~ ~---~P. Fisk~ ~_F~M. Palm~ Z~T.Palm ~ ~I .G.Pederson~ f[T.Rassmusen ~M.Savage i Sipprel 1~ f !Stal lman 3~ ~ Swenson ~ W. Swenson E.Vanecek ~ R.Williams~ T.Williams~ D. Woytcke MOUND FIRE DEPARTMENT DRILL and Teamwork Critique of fires ?re-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First aid and Rescue Operation Use of Self-Contained Masks Hours Training Paid : ~ Excused X Unexecused REPORT Pumper Operation Fire Streams & Friction Loss ~ouse Burnings Natural/Propane Gas demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliance O Present / Not Paid scellaneous : P ER S O N N E L Z~J.Andersen ~J.Garvais ~_~_G.Anderson _~~.Grady .Grady ~A-J'Babb ' C.Henderson ~_~D.Boyd P.Henry ~D.Bryce ~B.Landsman ~__~_S.Bryce ~R.Marschke ~A_D.Carlson ~_~_J.Nafus _~_J.Casey ~__~{kJ.Nelson ~S.Collins ~_~M.Nelson ~R.Englehart ~kB.Niccum j~_S.Erickson F~_G.Palm ~_~_P.Fisk ~%=M.Palm \\ \% T.Palm G.Pederson T.RassmuSen M.Savage K.Sipprell R.Stallman .Swenson .Swenson E.Vanecek R.Williams T.Williams · ~A~).Woytcke MOUND FIRE DEPARTMMWT TOTAL MAINT]~L~CE FOR MOIVIM OF ~ J. BABB ,2, D. BOYD Do BRYCE s. B~¥CE .~ J. C~SEY ~2.~ So COLLINS ! ~-- S. ERICKSON / P. FISK J. GARVAIS D. GRADY C. HENDERSON MEN ON DUTY 0 R. MARSCHKE ,~ J. NAFUS ~, Jo NELSON / Mo NELSON ~ s. N~ccuM ~- G. PALM cJ.2 M. PALM ~J- T. PALM ~_-~ G. PED]~SON ?~ M. SAVAGE ~7. K. SIPPRELL / TOTAL MONTHLY HOURS. %5 3o LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEHONE 612/473-7033 EUGENE R, STROMMEN, EXECUTIVE DIRECTOR BOARD MEMBERS David H. Cochran, Chair Greenwood Tom Reese, Vice Chair Mound Douglas E. Babcock, Secretary Spring Park J. P. Boswinkal, Treasurer Minnetonka Beach Scott Carlson Minnetdsta Albert (Bert) Foster Deephaven James N. Grathwol Excelsior JoEIlen L. Hurr Orono William A. Johnstone Minnetonka Duane Markus Wayzata George C. Owen Victoda Tom Penn Tonka Bay Robert Rascop Shorewood Robert E. Slocum Woodland OCT ? 19§2 TO: MOUND CITY COUNCIL DATE: OCTOBER 6, 1992 FROM: TOM REESE, LMCD REPRF~ENTATIVE SUBJECT: SEPTEMBER REPORT - LMCD 1.0 GENERAL INTEREST ITEMS 1.1 Eurasion Watermilfoil Task Force, Some extensive redesign and rebuild of thc wing cutters on the harvesters was done prior to season layup. This seems to have promise of improving the downtime picture. Planning for thc St Alban's Bay Sonar te~ continues. The state has declined to fund any portion of it because the bay is not a closed system and can be reinfected, perhaps negating the test results. In addition the DNR Fisheries is expressing some reservations about the potential impact on fish populations, even though Sonar testing in other locations nationally has not revealed any negative impacts. The Not Invented Here syndrome at work. 1.2 Management Plan In the Technical Review committee a key item for discussion is the desire by some of the cities to trade off building height for hard cover. This is a logical tie, but in an environmental sense, they are both not desirable. There may be some late submissions of the shorelaad plans due to the workload of the drafters and approvers. Some 30 persons have volunteered to be water quality samplers, taking Sechi and temperature readings in the various hays. The Lake Access Committee report is due for discussion October 21st. All stake holders are requested to be present at a 7:30PM meeting in the Minnetonka City Hall Community Room. 1.3 Other General Interest Items The dispute with thc multiple dock owners on the fee structure was referred back to the Water Structures Committee for further evaluation. Legal opinion is that the fees are justifiable, but them may be some good reason for the district to continue to subsidize the licensing operation which could mean a freeze or a small mil back in the fees while more detailed cost data is gathered. Thc LMCD attorney feels that the case for the dock owners collecting back over payments is completely without merit. The Lake Usc committee is undertaking a study to sec ff the allowable decibel level for watercraft on the lake can be further reduced from 82 dba to 79 dba. Thc initial meeting with interested parties is 16/26/92. A similar reduction was pmpesed several years ago for Personal Watercraft and felt to be impossible. However, we did pass it, and, thc manufacturers found a way to quiet down thc machines to the benefit of everyone in thc state. Twenty-Fifth Anniversary ~967-1992 3'-~3 ! The election of officers slated for the September meeting was dehyed one month to allow time for the members to get better acquainted. with the potential candidates for each position. 2.0 CITY SPECIFIC ITEMS - MOUND 2.1 Chapman Place. The results of the public hearing were considered by the Water Structures Committee and tabled until the next meeting. According to the mlnutea, Mound was asked for a comment, but had none. I have suggested numerous times in the past that some level of public amenities be provided by this marina. Specifically now, a make ready dock would be helpful in the designating of the Mound public access as a reliable access for purposes of counting the parking spaces toward the 700 goal. It would not be ~nable to ask this in return for allowing em to extend their operation further into the public water. Your support ated. Mound Representative Lake Minnetonka Conservation District cc Gene Strommen 3S3 2 Lake Minnetonka Conservation D~strlct 900 E. Wayzata Blvd, #160, Wayzata MN 55391 473-7033 L.M.C.D. MEETING SCHEDULE October 1992 It[["0 SEP 5 1992 Thursday Saturday Monday Tuesday Friday Monday Tuesday Wednesday Thursday Monday Wednesday 1 10 12 13 16 19 2O 21 22 26 28 EWM St Albans Bay Sonar Technical Progress Reports Noon (luncheon reservations), Excelsior Park Tavern 685 Excelsior Blvd. Water Structures Committee 7:30 am, #135 Norwest Bank Building, Wayzata Legal Holiday, office closed Environment Committee 8:00 am, #135 Norwest Bank Building, Wayzata Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Building, Wayzata Lake Use and Recreation Committee 4:30 pm, #135 Norwest Bank Building, Wayzata Technical Review Committee 8:00 am, Norwest Bank Bldg, Board Room, Mezzanine (Please use west entrance) Lake Access Task Force 7:30 pm, Minnetonka Community Room 14600 Minnetonka Blvd. Subcommittee on Facilities Licensed/Not Constructed 8:30 am, LMCD office, Wayzata Lake Use Subcommittee on Decibel Level 3:00 pm, #135 Norwest Bank Building, Wayzata 7:00 pm, Public Hearing: LMCD's Adoption of Orono's Ordinance on Styrofoam Docks 7:30 pm, LMCD Board of Directors Regular Meeting Tonka Bay City Hall 9-24-92 Lake Minnetonka Conservation District 473-7033 EVENTS S C HEDULK October 1992 StP 2 5 ~ Sat 3 10500 am I/YC, Commodore Cup Course Sun 4 5 am to 3 pm Viking Bassmasters of MN, North Shore Drive Marina Sat 10 10500 am WYC, Commodore Cup Course Sat 17 10:00 am WYC, Commodore Cup Course Sat 24 10:00 am WYC, Commodore Cup Course 9-24-92 353tI LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Lake Use and Recreation Committee Meeting: 4:30 Phi.. Monday, September 21, 1992 Norwest Bank. Wayzata. Community Room Members Present: Bert Foster, Chair. Deephaven: James Grath- wol, Excelsior: David Cochran, Greenwood: Mike Bloom, Minnetonka Beach: Scott Carlson, Minnetrista: Thomas Reese. Mound: 3oEllen Hurt, Orono: Robert Rascop, Shorewood: Douglas Babcock, Spring Park: Ton} Penn, Tonka Bay. Also Present: Charles LeFevere, Counsel; Sgt. Wm. Chandler· Sheriff's Water Patrol: Rachel Thi- bault, Administrative Technician: Eugene Strommen. Executive Director. The meeting was called to order at 4:37 PM by Chair Foster. 1. Special Events A. New Event Application: Ice Fishing Excursions The committee received an application from C, eor~oe Stodola and Art Bollman, Excelsior, for a Winter Special Event l, icense to operate Ice Fishing Excursions. Foster described Ice Fishing Excursions as a new and unusual type of event. The proposal is to offer ice fishine activity to the public by providing ice houses and a vehicle to access the houses. The vehicle will be an 8' x 20' buoyant sled towed by a 4-wheel drive. The application contained a sketch of the sled and a description of the proposed activity. Chandler said his immediate concern would be the weieht of the vehicle on the ice. George Stodola said he has talked to Deputy Schmidt and has assured the Water Patrol it xvoulct have an opportunity to inspect the sled before beginning operation. Penn said he views this as a commercial operation ra'ther than an event. There was discussion about the current code which does not differentiate between commercial and private events. This was suggested as a item to be discussed in the future. Strommen explained the fee charged for this event was based on the $100 base fee which includes four days, $10 per clay for an estimated 30 days over the first /'our days, plus the re- fundable $100 license deposit. Stodola agreed that the fee they have paid is for the first 34 days after December 2~¢ and they will renew for the additional days they intend to use the li- cense. In response to questions from the committee, Stodola said they do not intend to move the fish houses around the lake. They plan to start the operation in Excelsior Bay and if successful may expand to other locations. The fish houses and sleds will be stored in Shorewood and Chaska. The bathrooms which are attached to the sleds, will be serviced off the Lake. All of the fish houses are licensed and have a rental Iicense from the DNR. There will be Ice Fishing Excursions personnel at the site with the occupants for cleanup. Their objective is to serve corporate users. LAKE USE AND RECREATION COMMITTEE September 21, 1992 393 L MOTION: Penn moved, Grathwol seconded, to recommend the Board approve a one time Winter Special Event License for Ice Fishing Excursions, the LMCD staff to draw up the stipulations for Board consideration based on the discussion, provided the Sheriff's Water Patrol approvesthe sleds. VOTE: Motion carried, Rascop voting nay because the ice is never safe. B. Request for Waiver of Late Fee Ted Kowalski, Viking Bass Masters, requested waiver of the late fee for the October 4th tournament. The reasons for the request and details of the tournament were submitted to the committee. During the presentation Thibault informed the commit- tee that Viking Bass Masters has been subject to a late fee for the past three years. Kowalski said he was not aware of that and withdrew the request. C. Citizen Complaints The committee received copies of letters addressed to the LMCD from Keith Stuessi, Greenwood and James Wyer, Deephaven. The executive director submitted a memo commenting on the Stuessi complaint about boat noise at the 8/16 Brighter Light Bass Open. Stuessi was present and stated his belief that there should be a Water Patrol boat in attendance when the boats leave the starting point to be sure the speed and noise controls are en- forced. He also expressed concern about the possibility of a collision. Chandler responded that there were plans to have Water Patrol presence at the start of the tournament but the personnel .were involved in a drowning in Gray's Bay, a matter which took precedence. Rascop asked about the possibility of chargine an extra fee to cover the cost incurred by the Water Patrol in patrollinc the starts of the tournaments. LeFevere said it could be done but it is unlikely the Sheriff would accept compensation for special services. Hurr added this has been suggested in the past and Ilennepin County cannot dedicate the fees to the Water Patrol, the money collected would be allocated to the General Fund. Denny Nelson, Brighter Light Bass Open Tournament Director, said this was the only complaint received. It was a very quiet morning and sound traveled well. He suggested in the future he would have the boats start about 100 yards further beyond the slow buoys and the participants could be asked to begin away from the Greenwood shore. Nelson said any participant cited for spee¢lin~ is disquali- fied from the tournament for that day. Babcock suggested that be a requirement for a fishing tournament event license. Babcock also suggested the tournaments be started in smaller fliehts. Foster said the I,MCD is studying the possibility of reducine the permitted decibel level for motors. LAKE USE AND RECREATION COMMITTEE September 21, 1992 The letter from James Wyer complained that the Water Patrol was directing its enforcement at the more accessible targets of small boat owners, sailors and their tenders. Wyer specifically mentioned an incident during the Don Shelby Tournament. ('handler responded that they are not selective in their enforcement. The incident referred to was a legitimate stop. Water Patrol policy does not allow a deputy to leave one violator to go after another one. Chandler said the deputy in charge of the Shelby Tournament did talk to the director of the tournament about speed. Five citations were issued that day and 13 warnings but there is no way to determine if they were related to the tournament. Chan- dler suggested Wyer address his complaint to the Water Patrol. Rascop asked that staff respond to the two letters and include the suggestion that Wyer discuss his complaint with the Water Patrol. Penn asked for a full discussion of the whole tournament licensing at the next meeting. 2. Shoreline Boat County Summary Report The committee received the shoreline boat counts from lq7q through 1992. There was no action. 3. Water Patrol Report A. Monthly Activity Report Chandler reported as follows: * There were 3 boating accidents since tile last committee meeting. One was a personal injury accident in Wayzata Bay. Two were property damage incidents. One of the two property damage incidents, involved the Excelsior Park Tavern charter boat which was disabled and towed to its dock. Chandler expressed apprecia- tion to the other boaters, charter boats and emergency vehicles which responded. * 9 BWls were issued since the last mectins. This is a total of 58 in Hennepin County. 56 of which were on Lake blinne- tonka. * Thefts from boats and vandalism continues. ^ detective is working on an ongoing basis. Tile activity has moved to the lower lake. * On 9/5 the Water Patrol held a saturation patrol. It resulted in 13 citations and I BWI. * The Water Patrol observed the activity out From Kin~'s Point Access in Halsted's Bay. The only contact was with a water skiier. 4. Snowmobile Registration Numbers The executive director said the DNR continues to evaluate the size of the snowmobile registration numbers. There are problems in developing a sticker which will contain all of the information required by law and the registration aural,er on a sticker that will fit the newly designed snowmobile body configu- rations. It does not look like there will be a change for the coming season. 5. License Fee Schedule for 1992 and 1993. Foster turned the meeting over to Carlson, LMCI) Treasurer, to address the 1992 and 1993 Multiple Dock License fees. Carlson said concerns have been raised by the Multiple Dock License holders about the fee schedule. During the past month some license holder representatives and LMCD staff have discussed the license fees and relative costs incurred in handling multiple dock licensing, milfoil control and implementation of the Manage- ment Plan. Concerns have been raised about the fees collected vs. the budget and expenses incurred by the District. as well as the LMCD reserve funds. With reference to the $725,000 total Fund Balance, Carlson pointed out that $290,000 is in the General Fund, $350,000 in the Eurasian Water Milfoil Funds and $83,000 in the Save the Lake Fund. Carlson presented a review of LMCD licensing fees compared with expenses/budgets for Multiple Dock Related Activities (MDRA), dated 9/21/92. He pointed out that the figures are retrospective and estimates because the District does not have at this time, the staffing to do detailed cost accounting. Carlson proceeded to go over the review item by item. Revenue (MI)RA) In 1991 a committee examined the fees in response to a mandate that fees be charged to the people using the Lake. The review of the 1992 preliminary estimates showed the Fees Prior to the Change, the Projected Fees with the Adopted Change and the Actual 1992 MDRA Revenue. The 1992 budget was determined prior to the change in the fee schedule. Expenses Estimated (MI)RA) The personnel expenses of the executive director and the administrative technician were estimated on a percentage basis. The same percentage was applied to the administrative costs. Ninety per cent of the legal costs were al located to MDRA. but none of the prosecuting costs were included. One-third of the cost of the Lake Use Density Study. Public Information Study and Public Access Study have been al located from Total Consu I t i rig/St ud ies. 1990 Comparison Carlson said the 1990 figures reflect a low water year. The executive director spent a majority of his time on [,tl)RA before the Administrative Technician was hired. Gabriel Jabbour stated the LMCD never informed the cities of the change in the 1992 budget when the revised fee schedule was adopted. Carlson noted that in 1993 the LMCD reduced the amounts to be collected from the cities. Carlson read the Findings which led up to the recommenda- tions to be presented to the Board. LAKE USE AND RECREATION COMMITTEE September 21, 1992 Recommendat ions 1. To Delay the multiple dock license fee increase from $12 to $15 per WSU with no increase in 1993, a $1 .00 increase per WSU each year in 1994. 1995 and 1996. 2. Modify the 1993 LIqCD butt~et, chan~in~ Licenses & Permits Revenue to $134,000, and increasing the Reserve Fund Allocation from $15,732 to $26,732. 3. Implement accounting procedures, usino~_ available soft- ware, to keep more detai led tracking of expenses. This wi I 1 involve time keeping by the staff and attorney. Rascop questioned billing applicants for extra time spent on their applications. Carlson said that could be considered. Babcock pointed out that separate fees are charged for new dock license applications to defray their costs. James Gilbert, attorney representing 19 multiple dock li- cense holders, stated his client's objection is both to tile amount and nature of the fees being charged here. They feel the fees are excessive and unconstitutional. He believes LMCD is using the license fees as a revenue producer to fund other activ- ities. He cited Carlson's opening comments about ~oing to the users who utilize the lake to pay for the organization's budget is contrary to statutory authority. Gilbert cited LMCD's statute 1036631, Subd. 2, stating the municipalities' responsibility for bearing the district's expenses. Gilbert continued that it looks like there has been a 300% increase in license fees since 1987. lie submits that the corre- sponding costs have not been nearly that. rte also believes the time spent on multiple docks is not close to what is being charged. The executive director's time spent on multiple docks was also questioned, citing other areas of activity he believes requires his time. Records to substantiate how staff time is spent is necessary. State statute does not allow LbWD to Ret any fees over 'that time, because then LMCD is using police power of this body to extract general revenue. That is where the cutoff is. It may come to a factual question, it may come to a lawsuit. His cli- ents do not want that. They would like to avoid that if they possibly could. He sees the cost summary, as a startino~ point, to justify what LbtCD has been doing over the last number of years. Looking at the budget figures, Gilbert notes he can see what has been going on with the fees. LblCD has adopted a policy to do what Treasurer Carlson said, to get the users to pay for this organization, rather than tile municipalities which are supposed to fund the organization. He thinks the reason is the municipal- it ies have run out of money too and they do not want to fund the organization to the extent the Board wants it funded. They have shifted the burden over to the users. Looking at the budget he notes the cities' portion of the budget has gone from $103,000 in 1991, to $107,000 in 199'2, and in 1993 it was dropped clown to $60,000. At the same time the license and permit fees have reversed that. In 1991 I,MCD budget- ed $65,000 revenue for Iicenses and permits and col lected O $101,000. In 1992, LM.,D, budgeted $85,000 and he understands LMCD LAKE USE AND RECREATION COMMITTEE September 2l, 1992 has already collected this year $130,000 with more money to come in this fiscal year. And now in 1993, LMCD proposes $145,000 of the total budget be allocated to multiple dock users. Licenses have increased by $80,000 in three years, a 120% increase. The cities at the same time have gone down $43,000 which results in a 58% decrease during the same period of time. He repeats LMCD is abusing its power to fund the organization. Gilbert offered his suggestions. They would like to settle the issue going forward. He does think there is ample legal authority to go back up to six years to try and recoup monies that were wrongfully paid. These monies were involuntary paid to keep their licenses and businesses operating. He believes there is a case in the 1940's which indicates that is involuntary pay- ment and that they can go back and recoup the overpayments over six years if necessary. They would like to avoid that if they could. His clients would also like to study the' fee process very carefully, recognizin~ the good recommendations of the LMCD committee. Some of his clients would like to be directly, in- volved in that input. Gilbert suggests that this crisis can be resolved by adjust- ing the $145,000 allocated to the 1993 budget by giving credit for the excesses that were made on the 1991 and 1992 budgets. In 1991 LMCD budgeted $65,000 and collected $101,000. That $36,000 should be applied against the $145,000 for the next budget year. He also thinks the $85,000 budgeted for 1992 with $130,000 or more to be collected, resulting in a $45,000 amount which should be credited against the ~993 budget on the license issue. Oilbert then asked that LMCD sit down with his clients to establish a formula that everybody agrees on and that LMCD comes within legal compliance of statutory requirements and to not use police power to raise funds. Carlson responded concerning his opening remarks in which he said LMCD is allowed to collect fees which are consistent with costs with dock related activity. The LMCD attorney can address that in more detail. Regarding the drop in fees for the cities in 1993, that was a one-time drop in fees {based on lowering the reserve fund to a one year's operating levell. You must recog- nize that cities pay substantially more in addition to that ($63,000 each of the last three years). The milfoil issue is being addressed separate from the multiple dock propram. This one-time drop was a 30% decrease, not a 58% decrease. In addressing budget vs. actual revenue/expense, Carlson notes LMCD has a small staff. LMCD did collect more in some years than projected. Low water in earlier years resulted in heavy staff time processing temporary low water variances, in- creasing LMCD costs. Fees from new dock licenses, special density licenses and variances bring in revenue which is not budgeted, as it is not predictable, resulting in higher license fee revenue than budgeted. It is not a budget vs. actual ques- tion. The real question is LMCD's actual cost of administerin~ the license program vs. the revenue we collect. Revenue is generated to cover the costs of administering those programs. LAKE USE AND RECREATION COMMITTEE September 21, 1992 LeFevere said he does not disagree in principle with what Mr. Gilbert said. The authority to levy license fees is limited to the amount that has some reasonable basis of administering the costs of the District. We may interpret that a little different- ly as to what expenses are properly allocable to that part of the program. It is a question of whether the numbers that staff has put together are accurate or not. Mr. Gilbert thinks they are not and there is not much I can say to satisfy him on that score. LeFevere assumes staff used their best effort to come up with a reasonable estimate of the time they spend on multiole clocks and multiple dock programs. 'Fo the extent that the costs are accu- rate. the fees are le~oally defensible. Hurt called Gilbert's attention to the provision in the LblCD statute regarding service fees. Gilbert does not believe these are service fees at all. Babcock pointed out that no milfoi l revenue to administer the overal I program was included in the I icense fee costs. Gilbert responded that if LMCD had it would be total ly ille~oal and improper. Rascop stated that tile milfoil control pro~ram benefits the multiple docks. Gilbert said if it is goin~o to be char~ed selectively, it must be charged to everybody, homeowners and all the people who use the lake. Carlson further points out that the homeowners are charued for the program because all the cities pay a substantial sum each year to control milfoil. This is an issue which requires further discussion, but none of those costs have been charged to the multiple dock licensees. Gilbert continued that he believes of the $145,000 Ibud.aeted for 1993 license revenue), $119.000 is from multiple clock use charges, not .just marinas, but everyone on the lake with multiple dock. His adjustment of $81,000 is based on tile last two years of inaccurate budget calculations. If that $~1 ,000 is credited against the $145,000 for just this one year, as a one time {teal. LMCD license fees would be about $64,000. That would be about per WSU as opposed to the $15 per WSU (for l{}q3). 11' the I>oar{I wanted to do that on a one-time basis it could with $300,000 reserves. This would avoid art important emotional and crisis- type issue. Carlson a~ain repeated that the buduet is ~lot the issue, but rather what LMCD col l ecte(t and what i t expended. Because LMCD col lected more than it bud,oeted does not mean i t collected them improperly. LMCD could also ~o back on previous years and adjust license fees so that license fees I'ullv covered the cost of those programs. Sheet one of tile handout shows that Iicense fees of 1090 covered only 59'< of those pro~ralllS. Even though LMCD col lected more titan it budgeted, it ~'as within its rights to do so. Gilbert questioned going I)ack into history to try and ,justi- fy what LMCD has done here. This organization has also a 20 year operating history charging for permits. Ilopel'ul ly al I of tile budgets it submitted the municipal it les were not just [~u] led out of the ail'. tie thinks LM(?I) would have some sort of ~_'mpirical LAKE USE ^NI) RECRE^TION COMMITTEE Scptcmhcr 21, 1992 basis to assess what LMC.,D would like to come out with for license fees. Figuring for 1991, 92 and 93, if there is no basis in fact for those years, then there are some other kinds of problems. His point is for this meeting and this considerat ion. if those budgets were presented as reasonable at the time ['or this kind of service, now to go back and effectively double it after the fact. he does not think is going to hold any water. Gilbert respectfully requests that LMCD consider an adjust- ment along the lines he has talked about. Babcock asked what the fees would be for 1993 by leavino- them the same as 1992. Carlson responded about $134,000 would be collected this year. that at $50 application fee plus $12/WSU. Babcock asked for clarification on the $122.000 in expenses on the hand-out. Carlson explained that represented expenses relat- ed to multiple dock activities. The $114,000 above that is the multiple dock related revenue. Total licenses fees are in ad(li- tion to the $114.000 higher, which include special event, charter and liquor license fees, bringing it to $134.000. MOTION: Hurr moved. Foster seconded, that the Board hold an executive session before the September 23. Iq92 Board meet in~ because of the threat of litigation. DISCUSSION: Rascop asked about time needs for a~ execut i ye session meeting notice. LeFevere explained that the Board can enter into executive session on the basis of attorney client privilege on matters of litigation or pendin~ litigation by amending the ag. enda. In the .latter of actual or pendine litio_a- lion there is no question of going into executive session. In the matter of threatened litio-ation, the law is not as clear. In this case. the message is that the District is going to be sued if they do not reduce the fees. MOTION: Hurt and Foster agreed to change the mot ion to read: Recommend that the Board amend the a~enda to hold an executive session at the Board meeting on September 23. 19q2 because of the threat of litigation. VOTE: Motion carried unanimously. 3.,cqa. Foster said lie is not comfortable with the I i°-ures, lie would like to see a meeting between Gilbert. representatives of his client group. LMCD staff arid Carlson. Foster would like to be sure there is a factual basis for the figures before goin? into executive session. He would like to understand xYhat both sides are talkin~ about. Rascop said he has no problem if the staff can justify their numbers. He commented that the cities have been subsidizing the District for years. LeFevere commented that the information was put to°-ether by the staff without the benefit of detailed time or cost accountin~ records. Mr. Gilbert points out that because the records were put together after the fact. he questions tile accuracy. LeFevere does not believe there is a le_oal requirement to do that kind of study before the fact. The question is are the fees set on a level where there is a reasonable relationshil) to the costs of administering the program. Staff may have ~tuessed. and if that guess proveato have been an accurate one it is lawful. LAKE USE AND RECREATION COMMITTEE September 21, 1992 Foster concluded there is no interest in a get-to,sether, tie then asked Gilbert to prepare more detail of what he verbally present- ed to the committee, where he got the numbers, how he arrived at it. Gilbert sc, id he wi 11 [lave the inl'ormat ion by Wednesday aft ernoo~!. Babcock expressed concern about what wi I I be done [or this year as it is almost time to send out the 1993 applications. It was noted that this will be discussed at the executive session. Carlson said that is the reason this fee review was expedited to the Lake Use Committee. Jabbour asked that rules of an executive qession are followed and that the tapes of the executive session be kept for review. LeFevere responded that if the Board concludes that there is a lawful requirement that tapes be made and they are entitled to it after the fact, then tapes cau t)e provided. LeFevere will advise the Board on this requirement by Wednesday. Carlson returned the meetin~ to Committee ('hair l~oster. Gilbert requested a copy of the minutes. Rascop suggested letters be sent to the cities re~ardin~ the fee and budget discussion so public officials and citizens kuow what is going on. The executive director snid a Icttc~' could be faxed to the cities informinp them of the fee study aunt advisin~ them of the possible action on 9/23. Carlson ;~ree,{l to faxin~ the information because of the short time period. 6. Decibel study Foster reported the watercraft decibel review process wi l I start in October with tile Lake Use Committee servin_o as tile stud)' group. The committee approved by acclamation. 7. Adjournment Foster declared the meeting adjourned at 6:20 P.,'~l. FOR THE COMMITTEE: Eugene Strommen. Executive l)irector OCT 5 1992 LAKE MINNETONKA CONSERVATION DISTRICT Public Hearing: Minnetonka Dock Services, Inc. for Chapman Place Marina docks, 2670 Commerce Blvd., Mound, on Cook's Bay. Lake Minnetonka. Dock length variance for an additional 26 feet, for a total dock length of 155 feet into the Lake. Meeting: Members Present: 7:00 p.m., Wednesday, August 26. 1992 Tonka Bay City Hall. David Cochran. Chair. Greenwood: Bert Foster. Deephaven; James Grathwol, Excelsior: Wm. Johnstone, Minnetonka: Michael, Bloom. Minnetonka Beach; Scott Carlson, Minnetri- sta; JoEllen Hurr, Orono: Robert Rascop, Shorewood~ Douglas Babcock, Spring Park: Tom Penn, Tonka Bay: George Owen. Victoria. Duane Markus, Wayzata and Robert Siocum, Woodland arrived (luring the hearing. Also Present: Charles LeFevere, Counsel, Rachel Thibault, Administrative Technician: Eugene Strommen, Executive Director. The Public Hearing was called to order at 7:00 p.m. by Chair Cochran. Thibault explained that Chapman Place, formerly the Surfside Supper Club, was granted an amended Multiple Dock License in 1989 for 27 over night storage slips, on a 129' dock. The Order requires that the docks be operated independent of Chapman Place Homeowner's Association. Vince McClellan, Minnetonka Dock Serv- ice, is the operator of the Chapman Place Marina. When the license was granted there was low water in 1989, 1990 and 1991. The Marina was granted low water variances during these years': In 1992, under normal water conditions at or above 929.0~ McClellan found that the dock configuration approved in 1989 did not allow enough distance between dock wines for boat maneuvering between slips 1-6 and 7-12, currently 24' between wings. He said when he put the docks irt he also found there was not enough depth at slips 1 -6, depths ranging from 21" at slip one to 30" at slip 6 during high water levels above 929.0' The Board received information including the site plan approved 2/22/89 with water depth readings taken 4/17/92 by McClellan and Thibault during which the Lake level was q29.69', the site plan approved 2/22/89, a Lake locator, a property site survey, a site plan dated 8/1/92 showing the proposed dock rea- lignment, and a staff report detailing the reasons for the vari- ance application. Bob Cuthill, President, Chapman Place llomeowner's Associa- tion, said in 1990 the Association installed boulder rip-rap Public llearing - Chapman Place August 26, 1992 along the shore to preserve a deteriorat in~ shorcl inc. Photos were presented to show the lakeward boulder positions. This required moving the dock further into tile l. ake. I t was noted that previously the walkway to slips 1-6 was further east. The new site plan shows it moved further west to intersect with tile dock serving the west facing slips. Responding to a question from Hurt. Cuthi I ! said the original Surfs ide docks were some 300' into the Lake. They were permanent clocks, and when the Association rebuilt they put in seasonal clocks, lturr questioned Cuthill and McClellan about a real estate advertisement indicat- ing a dock was part of a Chapman Place condominium. Both Cuthill and McClellan said they had no knowledge of the advertisement put out by a real estate company. Hurt questioned why the dock had to be moved out .just be- cause of the rip-rap. McClel lan responded that the clock had never been installed according to the 1980 plan due to Iow water. There was no experience with the dock configuration at high x~:ater levels. Carlson expressed concern about granting a varinnce when the hardship is created by the applicant, that is. the installation of the rip-rap. Thibault supported the request by stat ing there is a need to add 8' to get the dock slips beyond the rip-rap. 8' more to get additional water depth, and tile additional 10' to acquire additional maneuvering space between si ips 1-o and 7-12. Cochran said he does not believe tile rip-rap should take up more than 3 ' Rascop asked if there are any covenants placed on the property when it was changed from Surf side to Chapman Place. Cochran said that could be researched. Cochran said he would like to see an adjusted plan showing how it u-oulcl look without the additional 10' between the slips for maneuvering space. Penn asked about the location in relation to the public access. Thibault responded that there is no interference. All interested parties having been given art opportunity to be heard, tile Public Hearing was closed at 7:35 p. m.. Findings 1. Chapman Place is requesting a shallow water length variance for an additional 26' for a total dock length of 155' into the Lake. 2. Dock length was establish at 129' by LMCD Order of 2-22-89, copy attached. 3. Low water variance was granted 3-11-89 to 264', and was granted 3-28-90 to 306' 4. On 4-13-91 the committee recommended a temporary extension to 274', and a review of amenities to compensate for excess of 1:50 storage by January 1993; the Board approved this recommendation on 4-24-92. 3s- 5 Public Hearing - Chapman Place August 26, 1992 5. In 1990 the applicant installed riprap which necessitated moving the docks westward and lakeward, according to the applicant's description. 6. The marina now finds, with the addition of the riprap, that the config- uration approved in 1989 does not allow enough maneuverability between slips 1-6 and 7-12 because of shallow water (21" to 30" at slips 1-6) during this near-normal lake level of 929.0. 7. An amended application would need to be submitted by the applicant to the DNR if the 155' dock length would be granted (DNR letter is attached). Recommendations At the 9-12-92 Water Structures Committee meeting: The committee received the report of tile Public ~learing held on 8/26/92 to consider the appl icat ion of Minnetonka I)ock Serv- ices, Inc. for Chapman Place Marina for a dock ~en~th varia~ce for an additional 26 feet, for a total dock length o~' 155 feet into the Lake. The Public Hearing report included Findin,o_.s. Attached to the report are the Findings of Fact and Conclusions of a public hearing held on 3/23/88, with the Order approved 2/22/89 at which time Chapman Place received a multiple dock license to replace the previous dock license held by the Surfside Supper t;lub. The committee also received a letter from the Department of Natural Resources advising that the applicant will be required to amend DNR permit #89-639?, if tile extension is approved. The applicant submitted a revised drawin~ of tile proposed dock dated 9/10/92 showing the water depths taken at q. 28.88 water elevation. In presentin~ the material, Thibault said there are no increases in slip sizes on the proposed site plan and the density at this site is 1:5' Babcock expressed concern about settin.e a precedent by allowing the grandfathered marina to move further i,to the I¢)0' - 200' zone. Before makin~ a decision he would wa.t to have · determination as to wllat hardshil~ exists. I~;~bcock mc'ut lo.ed Oayle's Marina as having a depth problem. Babcock reviewed the history of the docks from the Surfside 308: dock length with 44 slips to the re-arrangement for Chapman Place of 12q' ~lock len~,zth with 27 slips. Carlson said he would like to hear what hardships are volved to justify a variance. As examples, lie mentioned whether it is a unique situation, the motivation for the chance, any financial reasons, tie would like to see a variance criteria check-list including whether any hardship was created by action of the applicant. The executive director explained that typically slips are allowed 3' of water depth, bearing in mind that the water level could decrease 'during the year as much as one foot or more. I t .is necessary to consider the fact that marinas have contracts to furnish a service for the full seaso.. It is als- ~ecessary 3 Public Hearing - Chapman Place August 26, 1992 provide rlaVi,~at ionaJ room around the docks. 1, response t~ the mention of Oayle's Harina, the executive director ~ai~l Oavles limited to a 200' dock because of the lo~ation at the channel . The 200' dock limit and channel caused Gayle's to dredge. As far as a sel f-imposed hardship, in the case of Uhapman Place. the rip-rap was insValled to prevent erosion. Chapman Place had the proper DNR and Minnehaha Creek Watershed District permits. The rip-rap was done within the DNR allowance which requires a dis- Lance not exceed 5' from the OtlWL to the toe of the rip-rap. Grathwol said he can see flexibility in vra,t i.~ Iicenses to marinas between I00' and 200' , treat lng the appl icat ions on a one-by-one basis, lle feels that would keep the ~l;tl'illas oper;tting and maintain the outside limit of 200'. Slocum noted the Chapman Place docks are alrea(ly beyond 100' lie suggested an extension to 139' based on the rip-rap taking up 10' Babcock respon(led that he would I)a:ae his decision on water depths rather than tile FJp-I'al). SJocultl said lie vica's the rip-ral> as a benefit to the Lake. MOTION: Grathwol moved, Slocum seconded, to recomme~(l approval or the application for a variance from blinnet()nka Dock Services, Inc. for Ch;~pman Place Marina to extun~l Linc (locks ;~ ;l(l(li t 26' for a total dock length of 155' 't~ltv I.'ill(li~}~:q arc to include the need to obtain navigability, the change in ~'atu[' level since the original appl icat ion in a low water year and the reason t'or changing the walkway because of the rip-rap. DISCUSSION: Carlson expressed his belief that the 1_~,1(11) (Joes have to provide slips for the largest boat possible. Babcock said he would hesitate to change the slip sizes from the compromise reached when the slips were re(luce(I from 44 to 27. Grathwol expressed mixed feelings in that he I)el ieves mari- nas should be allowed to operate as they desire, within the limi- tations of the license. At the same time he has a problem with developing slips for 32' boats to the exclusion ()[ sm;tiler boats. lle feels the LbICD has a resp()nsibili ty Lo see th;~t there are services available for different types of boats. Ile said tl~ere should be a requirement that a marina provide the slip service based on a percentage available to. for examplu, 21)' boats fishing boats. MOTION: Bahcock moved, Grathwol seconded, t() table the at)l)Jic'a- Lion of Chapman Place to the next meet in~. ('(~m,,~.~ts on tilL. appl icat Jo, are to be requested [rom tl~c {'i [,v oJ' VOTE: Mot io~ carried, Carlson a~cl RaSCOl) vol i~g tlay. Per Ed Shukle 10/1/92: the City has no conunent. October 1, 1992 To: From: Subj: Water Structures Committee Rachel Thibault Variance application review standards Attached is a list of five standards recommended for land use variance applications. It was forwarded to us by Ceil Strauss from the MN DNR Division of Waters. She ]-eceived this list from the Attorney General's office. While this list is obviously geared for land use variances, the general ideas expressed can be adapted for water use variances. We are including the explanations for the five standards, which use land examples, so the meaning and intention of each standard is clear. From these standards, staff has developed a "Check List for Variance Application Review" This new check list was used for the Chapman Place Marina variance application, attached. DNR HeCro Region 6 DECISION STANDARDS FOR VARIANCES Court decisions indiciate that the variance applicant has the burden of persuading the board of adjustment that all of the following five pre- requisites are satisfied. 1. The proposed use is reasonable. Normally this will be the case, as with a new house, an added deck or bedroom. What might be unreasonable? A 40 foot high tower to hold a hot tub. And, 2. It would be unreasonable to require conformance to the ordinance. For example, all the lot outside the setback area might be a highly erodible steep slope. Or, because of the roof line and the interior configuration of the house it would create "practical difficulties" to add the porch to the side or rear rather than the front; the latest court decision calls these "functional and aesthetic concerns" Rowell v. Bd. of Adjustment of the City of Moorhead, 446 N.W.2d 917, 922 (Minn. Ct. App. 1989). Economic considera- tions alone do not constitute practical difficulty. And, 3. The difficulty of conforming to the ordinance is due to circumstances unique to the property. Peculier topography is the most widely accepted argument here. Problems peculiar to the present owners (handicaps, age, infirmity, family size) do not satisfy the prerequisite because they are not unique to the property. If the problem is common to a number of homes in the area, then it is not unique. And, 4. The problem must be one not created by the landowner. If the land- owner bought the property after the effective date of the ordinance provision from which the variance is sought, then the hardship is self-created and the variance cannot be granted. Hedlund v. City of Maplewood, 366 N.W.2d 624 (Minn. Ct. App. 1985). Another self-created hardship would be building a house under the terms of the present ordinance right at the setback line, and now wanting to expand over the setback line. And, 5. The variance, if granted, will not alter the essential character of the locality. If the applicant wants to add a deck that will be 50 feet from the lake, and most of the neighbors are already that close, then it would not change things. If most of the neighbors are at 100 feet, it would. The courts have said that the applicant has a "heavy burden of proof" to show that all the prerequisites to the granting of a variance are satis- fied. This is because a variance allows property to be used in a manner forbidden by the ordinance. Luger v. city of Burnsville, 295 N.W.2d 609 (Minn. 1980). The courts have also said that shoreland management is an "important and sensitive land-use field, "Dederin~ v. Johnson, 239 N.W.2d 913, 919 (Minn. 1976). And they have said that a board of adjustment is not required to approve a variance unless to deny it would mean that the property cannot be put to any reasonable use. Holasek v. Village of Medina, 226 N.W.2d 900 (Minn. 1975). LAKE MINNE]ONKA CONSERVAIION DIS1-RIC] CHECK LIST FOR VARIANCE APPLICAflON REVIEW Dote: October 1, 1992 Applicant's name and address: Vince McClellan, Minnetonka Dock Service for Chapman Place Marina, 2670 Commerce Blvd Property is located in the city of: Mound Boy/oreo: cooks Section 1.07, Subd, 1. General Statement, Where practical difficulties or porticulur hardships occur or where necessary to provide access to the handicapped, the Board may permit o variance from the requirements of this Code or may require o variance from what is olherwise permitted by this Code, provided that such variance with whatever conditions ore deemed necessoly by Ihe Boo,d, does rial adversely affect the purposes of this ordinance, the public health, soMy and welfare, and reasonable access to or use of the Lake by the public or riparian owners, 1. Type of variance being applied for: dock length variance 2. Practical difficulties and/or hardship requiring variance: shallow water 5. Decision standards for variance os observed by staff: Y~s A. The proposed use is reasonable. There has been a marina aL chis site Eot' years. Yes B. It would be unreasonable to require conforrnonce to the ordinance. 7 to 8 slips will be unusable if the first row of docks isn't moved out. .,.o: C. The difficulty of conforming to the ordinance is due to circumstances un,que to the property. Shallow water in t. his area ? Yes COMMENTS: D. lhe problem is not one created by applicant, mh~ dock configuration submitted to the Board in 1987 is not usable at this siLe,without some changes. E. The variance, if granted, will not alter the essential character of the locality. The dock was out much further during low water years. An extra 26' will not change the area significantly. Staff has suggested ~ the applicant length of the first row of slips to the first and second rows of slips. length required. Mr. McClellan has agreed alternate site plan at the meeting. that they may want to consider reducing the reduce the amount of maneuvering area between This would reduce the amount of extra dock to look at this and will submit an Rachel Thtb;~ult, Admtnistratfvt, 'l'echnlctan I. otc. 10/1/92 GO6{ V, l ~i ]J OCT 5 i992. LAKE MINNETONKA CONSERVATION DISTRICT WATER STRUCTURES COMMITTEE AGENDA 7:30 AM Saturday, October 10, 1992 Norwest Bank Bldg, 900 E Wayzata Blvd, Rm 135 (Elevator access for handicapped, use west entrance, Wayzata Blvd) License Fee Review for 1993; tabled to committee at 9/23/92 Board meeting Pheasant Lawn Homeowners Association, Carmans Bay, Orono; Public Hearing Report for new multiple dock license application for 6 boat storage units· Minnetonka Dock Services, Inc. for Chapman Place Marina, Cooks Bay, Mound; Public Hearing Report for variance application for additional 26' for a total dock length of 155' - tabled by committee 9/12~92 Lakeside Marina, Maxwell Bay, Orono; new as-built survey for committee review Clay Cliffe Homeowners Association, Old Channel Bay, Tonka Bay; amended site plan for committee review Second reading of draft ordinance relating to deicing equipment on Lake Minnetonka, amending Section 2.09; as amended by the Board 9/23/92 Staff report on subcommittee recommendation for non-restricted watercraft and off-lake storage at multiple docks Draft ordinance amending definitions of permanent and seasonal docks, adopting DNR definition; tabled by committee 9/12/92 9. Additional business recommended by the committee P.O. Box 86 445 Willow Drive Crystal Bay, MN 55323 Long Lake, MN 55356 Stephen X. Sullivan Chief of Police Administration 473-7710 Non-Emergency 525-6210 Emergency 911 September 24, 1992 Chief Len Harrell Mound Police Department 5341 Maywood Road Mound, MN 55364 Dear Chief Harrell: On September 15, 1992, at approximately midnight, I was making a routine traffic stop at the SuperAmerica in Spring Park. Two individuals jumped from the car. I was able to take one into custody, but the other one escaped into the wooded area to the south of SuperAmerica. I requested assistance from your K9 unit, 6419 Officer Huggett and Rambo. They responded immediately and within ten minutes of their arrival, Officer Huggett had found the second suspect hiding in the wooded area. I was very impressed with the dog's tracking through the woods, through the swamp, and through water. As a result of the arrest of this individual, we are able to charge him with fleeing the police, DWI, and criminal damage to property. As a patrol officer, I am very appreciative of Officer Huggett's and Rambo's assistance. They are to be commended. Thanks again. ORONO POLICE DEPARTMENT for Chief Sullivan cc: Chief Sullivan Lt. Cheswick Lt. Fritzler 3'-'~'~ Serv,ng North Lake M,nnetonka Commun,ties of Orono, Long Lake, Minnetonka Beach and Spring Park MINUT OF A MEETING OF THE MOUND ADVISORY PLANNING COMMI qSION SEPTEMBER 28, 1992 Those present were: Bill Meyer, Geoff Michael, 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. Jerry Clapsaddle was absent and excused. No other citizens were present. MINUTES The Planning Commission Minutes of September 12, presented for approval. 1992 were Weiland noted a correction within the motion at the bottom of page one; the vote should be 6 to 2 with Weiland opposing. MOTION made by Weiland, seconded by Voss to approve the Planning Commission Minutes as amended. Motion carried unanimously. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO MOUND'S ZONING CODE ADDING SHORELANDMANAGEMENT PROVISIONU City Planner, Mark Koegler, noted that a full presentation by him was probably not appropriate due to no attendance by the public. Koegler did review the adoption schedule, then proceeded to ask the Planning Commission for any questions or comments on Draft 3 of the proposed plan. P. 1, (2): The definition for Accessory Structure or Facility was modified as follows: "Any building or improvement subordinate to a principal use. '-~;~ ~ ....... ~ ~ ~ . A~ ~" The Commission determined that describing within the definition was not necessary. P. 2, (75A): Definition for Nonconformity. Mueller commented that the way this is written, it does not consider any variance in the future to be nonconforming as you can create new nonconforming situations. Koegler will add language to clarify. P. 3. (l16A): Definition for Water-Oriented Accessory Structure or Facility. Hanus suggested that those items not required to meet a certain setback from the water be specifically listed. Koegler suggested that it be added somewhere in the body of ordinance that stairways, fences, docks and retaining walls are exempt from the Planning Commission Minutes September 28, 1992 50' setback. Mueller commented that the term "reasonably needs" is a misnomer, a 'need' is different than a 'reason'. Hanus suggested the language "reasonably expected." Koegler suggested, "An at- grade deck that is allowed to be located . . .,, Koegler will express to the City Council that some Planning Commissioner's are uncomfortable with using the term "reasonably needs." P. 14, A. 3.: Hanus referred to Bluff Impact Zones, which restricts the use of structures and accessory facilities except stairways and landings. A Bluff Impact Zone is defined as an area including a bluff and land located within 20 feet from the top of the bluff. Hanus questioned if the intent is to restrict at-grade decks within 20 feet from the top of a bluff, or to restrict a storage structure (if the council approves it) to be placed at the bottom of a bluff. Hanus suggested that "Water-Oriented Structures" be allowed to encroach into this 20 foot setback requirement. In order for an at-grade deck to not require a railing it must measure less than 30 inches from grade within 5 feet from the edge of the deck. The Planning Commission voted 5 in favor of allowing WOS's within 10' of a bluff. P. 15, 4.: Mueller referred to Significant Historic Sites and questioned what constitutes a historic site. Koegler referred to definition (97A) "Significant Historic Site." Mueller commented that instead of implying that a structure may be "placed" once information has been collected and documented, maybe it should say that "upon a site being classified as a significant historic site all state statutes shall apply." Koegler commented that he will look at it and see if he can cross reference this section back to the state statute. P. 18, h.: "Fill or excavated material must not be placed in bluff impact zones." What about washouts? P. 19, B.: Koegler clarified that this section only relates to the lakeside structure setbacks. P. 20, B. 1.: Why is the material specifically referred to, i.e. "wooden" deck? It was determined to modify this section as follows-. " . . . ..... ..vv~..~- dDecks_ and stairways shall be counted as 50% impervious cover providing that they are installed over a permeable surface , are open, and allow drainage. Those constructed over an impermeable surface, or those that are impermeable themselves, shall be counted as 100% impervious cover." P. 23, A. 3.: This should be changed as follows: "The site is adequate for water supply and ~ public sewage treatment." Planning Commission Minutes September 28, 1992 p. 25, B.: It was clarified that this section indicates that within a PDA all wetlands, bluffs, or land below the OHW cannot be used in calculating land area. A majority of the Commission was in favor of leaving this section as is. P. 28. C. 2.: Mueller referred to: " · · · Impervious surface coverage within the first tier must not exceed 30 percent of the tier area . .,, considering ~ou Mueller commented that this seems very strict cannot calculate wetlands, etc. when determining the lot area. The majority of the Commission was in favor of leaving this item as is. P. 28, D. 2.: This item is to be amended as follows: "Shore recreation facilities, including but not limited to swimming areas, docks, and watercraft mooring areas, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to groundwater and bedrock, or other relevant factors· ................ ~ .... provided ....... ~ .... t ..... ft ..... t ..~t ...... "- ~,. ^ f~t t~-.~ The Commission determined that the LMCD regulates docks. MOTION made by Weiland, seconded by Hanus to recommend to the City Council that Draft 3 of the Shoreland Ordinance be adopted as reconunended. Motion carried 7 to 1. Those in favor were: Meyer, Michael, Hanus, Johnson, Voss, Jensen, and Weiland. Mueller opposed. Mueller commented that he is not in favor of the plan due to the area calculations for Planned Development Areas. REOUEST BY LORRAINE PHERNETTOR AND TOM YOUNGGREN TO BE HEARD REOARDIN~ DRIVEWAY EROSION AND DRAINAGE ONTO PUBLIC STREET. Neither Lorraine or Tom were present. The Commission questioned why this issue why this issue was on the agenda. Geoff Michael commented on the nuisance created by gravel driveways and suggested that the Planning Commission consider looking at amending the code to require hard surface driveways. Mueller asked whatever happened to Commission's request of staff for a report as to how much pea rock and red rock where in the catch basins. The City Manager commented that the Building Official can discuss this issue with the City Attorney to determine if our current nuisance ordinance applies to these problems, if not, possibly a driveway ordinance can be drafted. 3 3sz I Planning Commission Minutes September 28, 1992 MOTION made by Mueller, seconded by Hanus to move onto the next agenda item. Motion carried ? to 1. Those in favor were: Meyer, Hanus, Johnson, Mueller, Voss, Weiland, and Jensen. Michael opposed. Michael commented that he would like the Planning Commission to do something. ~ITY COUNCIL REPRESENTATIVE'S REPORT Jensen reviewed the City Council meeting of September 9, 1992. ~LANNING COMMISSION RECOGNITION DINNER. Staff informed the Commission that funds were not allocated for 1992 for a dinner. It was suggested that the Planning Commissioner,s can be recognized at the City Christmas Party. MOTION made by Hanus, seconded by Voss, to adjourn the meeting at 9:50 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: WATI;RSH;D DI TrIICT ~-+~~.~' 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345-1597 office: (612) 939-8320 fax: (612) 939-8244 DISTRICT COORDINATOR: Ellen B. Klandem~an BOARD OF MANAGERS: James R. Spensley, Pres.o John E. Thomas ° Thomas W. LaBounty Robed D. Erickson, C. Woodrow Love · Clarkson Lindley · Thomas Maple, Jr. / % LAKE MINNETONKA /-- ~ ~%OTA RIVER NOTZCE OF CHANGE OF ADDRESS Please note that the Minnehaha Creek Watershed District has officially changed their mailing address and telephone number to the following: Minnehaha Creek Watershed District 14600 Minnetonka Boulevard Minnetonka, Minnesota 55345-1597 (612) 939-8320 The regularly scheduled Board Meeting will now be conducted on the fourth Thursday of each month, beginning at 7:30 p.m. at the City of Minnetonka Council Chambers. Please refer to the enclosed rule amendments regarding these changes and the resolution to amend Rule B.4(a). LAKE NINNBTONKA CONSERVATION DISTRICT LAKE USE AND RECREATION COMMITTEE AGENDA Monday, October 19, 1992, 4:30 PM Norwest Bank Building 900 E. Wayzata Blvd, Room 135 (Elevator access for Handicapped; use west entrance on Wayzata Blvd.) 0uiet Waters Area in Halsted's Bay cove near K~ng's Point Access; Public Hearing Report and findings Special Events A. New Event: Excelsior Park Tavern, Excelsior Winter Fest, Excelsior Bay, Excelsior, January 14-24, 1992. Discussion on possibility of Water Patrol being responsible agency for issuing Special Event licenses Review of stipulations governing start (ease-off) and conduct for open water fishing tournaments Deposit Refunds @ $100 each 1) Don Shelby US Invitational Bass Tournament, Sept.10-13, 1992 2) Morrison Wedding Fireworks, Sept. 26, 1992 Joint and Cooperative Agreement with Hennepin County for Sheriff's Water Patrol services - contract renewal discussion with Water Patrol officials Boat & Water Safety Education Program update Subcommittee on Decibel Levels; meeting date scheduled for 3:00 PM, Monday, 10/26/92. (information only) Water Patrol Report A. Monthly Activity Report 7. Additional business LAKE MINNETONKA CONSERVATION DISTRICT September 30, 1992 TO: Lake Access Task Force Members (per attached roster) FROM: Task Force Chair Jim Grathwol SUBJECT: Spokesperson Designation Among Lake Access Task Force Members in Preparation for October 21 Task Force Meeting The enclosed material, starting with the 7:30 pm, Wednesday, October 21 Lake Access Task Force meeting notice and agenda, introduces recommendations being made by the Data and Standards Subcommittee. These recommendations are the result of meetings held June 18, July 15, August 12 and September 9. Please review this material in advance to prepare you for the discussions planned for the 21st. You should be aware that a facilitator, Don Buckhout, has been engaged to help move the subcommittee meetings through its deliberations. Mr. Buckhout will also serve that role at the Lake Access Task Force meeting. Buckhout recommended as part of his facilitating process during our first meeting with him June 18 that the final product of the subcommittee, as well as the Lake Access Task Force, would be based on three ground rules: 1. Consensus decision making 2. Designated members 3. Good faith negotiating We are therefore requesting by telephone to LMCD secretary Joan Mansk, 473-7033, prior to the October 21 meeting, your organization's confirmation of who will be the designated spokesperson for addressing a call for consensus on a decision. If we do not hear from you prior to October 21, we will assume the person on the enclosed roster is the designated spokesperson. In the event that person is unable to attend the 21st meeting an alternate would be appropriate to assure your organization's input is included in the decision making. The alternate should also be provided the information sent to the designated spokesperson. If neither s designated spokesperson nor alternate is able to attend, then other members of your community or organization may participate in discussion, but will be excluded from decision making. Thank you for preparing for and being in attendance at this significant meeting. c: City Administrators 10-8-92 Lake Minnetonka Conservation District LAKE ACCESS TASK FORCE ROSTER Doug Bryant, Superintendent Don Germanson, President Tad Jude, Commissioner Tom Maple, Bd of Managers Richard Nelson, President John F. Schneider, Pres. Joel Settles, Ex. Director Hennepin Parks Lake Minnetonka Lakeshore Owners Association (L.M.L.O.A.) Hennepin County Minnehaha Creek Watershed District (M.C.W.D.) Fishermen Advocatin§ Intelli§ent Re§ulation (F.A.I.R.) MN Sportfishin§ Con§ress (M.S.C.) Hennepin Conservation District (Information only) Richard Engebretson, mayor Lucille Crow, mayor Alan M. Albrecht, mayor Ann Perry, planning director Tom Markle, city council Wally Clevenger, mayor Skip Johnson, mayor Ron Moorse, city admin. Barb Brancel, mayor Jerry Rockvam, mayor Vern Haug, mayor Jerry Schmieg, mayor Barry Petit, city council Nick Duff, mayor City of Deephaven City of Excelsior City of Greenwood City of Minnetonka City of Minnetonka Beach City of Minnetrista City of Mound City of Orono City of Shorewood City of Spring Park City of Tonka Bay City of Victoria City of Wayzata City of Woodland Doug Babcock, Spring Park Mike Bloom, Minnetonka Beach Scott Carlson, Minnetrista David Cochran, Greenwood Bert Foster, Deephaven James Grathwol, Excelsior JoEllen Hurr, Orono William Johnstone, Minnetonka Duane Markus, Wayzata George Owen, Victoria Tom Penn, Tonka Bay Robert Ras¢op, Shorewood Tom Reese, Mound Robert Slocum, Woodland AGENCY STAFF: Dennis Asmussen, Director Mike Markell, Supv Water Rec Gordon Kimball, Regional Supv Brad Thompson, Acting Area Supv Eugene R. Strommen, Exec Dir LMCD Board !! !! !! !! !! !! !! !! DNR Trails & Waterways LMCD 9-29-92 Lake Minnetonka Conservation DJ.strict LAKE MINNETONKA LAKE ACCESS TASK FORCE - 1992 MEETING AGENDA October 21, 1992 - 7:30 p.m. Location: Minnetonka Community Room, 14600 Minnetonka Blvd, Minnetonka City Hall 1. Opening Remarks and Introductions - Jim Grathwol, Chair 2. Meeting Format and Groundrules - Don Buckhout, Facilitator 3. Discuss and Approve Data/Parking Standards Subcommittees' Recommended Objectives [Discussion/Decision Item]: A. Approve [car/trailer] parking standards and inventory (See attach- ment 1) B. Verify [car/trailer] parking sites [spaces] and pursue agreements [with cities/agencies]' C. Implement [car/trailer] parking standards D. Pursue equitable distribution of [car/trailer] parking sites throughout [lake] zones. [NOTE: Words in brackets not in original subcommittee recommended objectives.] 4. Discuss and Approve Data/Parking Standards Subcommittees' Supplemental Recommendations [Discussion/Decision item] (See attachment 2) 5. Status Report on Maxwell Bay Access Development [Information item] 6. Report on Other Access Site Acquisition [Information item] 7. Discuss and Approve Steering Committee Recommendations [Discussion/- Decision item] (See attachment 3) 8. Next. Steps [Discussion/Decision item] 9. Adjournment [PLEASE NOTE: Only designated spokespeople or alternates will be polled on decision items. Other participants will be offered opportunities to speak during discussion periods.] 9-30-92 Lake Minnetonka Conservation District PROPOSED PARKING STANDARDS LAKE MINNETONKA PUBLIC ACCESSES (Recommended by Subcommittee 9/9/92) The Lake Minnetonka Lake Access Task Force Data Gathering/Standards Subcom- mittee recommends the goal of 700 long-term reliable spaces for car/trailer parking in the vicinity of present and future access sites at Lake Minne- tonka. The Subcommittee further recommends that the Lake Minnetonka Conservation District (LMCD) establish an acceptable set of standards for identifying and counting of these spaces and monitor progress toward the goal on a continuing basis. The following set of standards is recommended by the Subcommittee for application to Lake Minnetonka: All spaces must be within 2,000' of a public access point. For car/trailers parked between 1,500' and 2,000', a temporary boat mooring facility at the ramp site for a number of boats equal to 10% of the parking spaces must be provided. Ail parking locations away from the access site should be provided with a long-term agreement, three year minimum, with five years more desirable, on file with the LMCD. Within that time availability, if any designated spaces need to be removed, they must be replaced with comparable spaces. The location of parking spaces, either off-street or on-street away from the access site, must be identified by clear, aesthetically attractive, consolidated, capable of being inexpensively updated, signage. All off-street spaces must be illustrated on a plan on file with the LMCD. The plan shall clearly indicate each car/trailer space and ade- quate ingress, egress and maneuvering space. Parking space minimum size standards (in feet): Vehicle only 9 x 19 (IIDCP 12 x 19) Car/trailer 10 x 40 4a. On-lot designated trailer parking on grass is acceptable if vehicle is parked on graded/paved surface. All spaces must be available on an unrestricted, first-come-first-served basis, as a minimum from 5 pm on Fridays until midnight Sundays, and on holidays, from April 15 to October 15. (continued) Lake Mlnnetonka Conservation District PROPOSED PARKING STANDARDS LAKE MINNETONKA PUBLIC ACCESSES - Continued - Sa. Vehicle-only spaces (no trailer) on public access parking lots can be counted toward the total goal of 700 car/trailer spaces provided that the number of such spaces counted for any given lot does not exceed 10% of the total number of spaces on that lot. (Example: Out of 50 total parking spaces on a lot, seven are for vehicle only. Only five of the seven may be counted toward the goal of 700 [i.e., lOZ of 50 = 5].) 6. All on-street spaces should meet the following additional standards: 6.1 Minimum length of 50 feet per space. 6.2 Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. 6.3 Of the total non-designated (non-signed) on-street parking spaces, only 75% are considered to be reliable in order to account for non- access related public parking. 6.4 Designated and signed on-street car/trailer parking spaces will be counted 100% for car/trailer use. 6.5 On-street car/trailer parking spaces must be illustrated on a plan by street name on file with the LMCD. 9-18-92 °1© 0 0 °°1° oo~ °1© o r~ 4.1 ,.-4 0 4~ o 0 [th 0 0 -ti-- 0 0 · · · · · · · · · · 0 · N Z · ee Lake Minnetonka Conservation District DATA GATHERING AND STANDARDS SUBCObtMITTEE 9/10/92 SUBJECT~ Resolution to the Lake Access Task Force In light of the car/trailer parking space data ga'thering and analysis prepared by the Data Gathering tees of the Lake Access Task Force for Lake Minnetonka, the following supplemental recommendations are offered in which the Subcommittee finds and recommends~ a. Continuing the goal of 700 car/trailer spaces and the allocation of those spaces by zone. b. The current allocation and distribution of car/trailer parking spaces for the lake is not equitable. c. Ail cities are urged to make a concerted effort to pro- vide their shares of lake access car/trailer parking spaces. The Subcommittee further encourages coordination and cooperation among cities to meet zone goals. LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Task Force Steering Committee Meeting Report 3:30 pm, Friday, September 18, 1992 LMCD Conference Room Present: Task Force Chair Jim Grathwol, Lucille Crow, Excelsior; Don Germanson, LMLOA; Dave Cochran Absent: Doug Babcock, LMCD The Steering committee considered issues relating to car/trailer parking for boat launch access to Lake Minnetonka and recommends the Task Force consider the following issues and whether to appoint additional committees to further study them: Promote agreements for confirming additional car/trailer parking spaces currently used on a regular basis to meet 1992 car/trailer parking standards. Coordinate site acquisition for Maxwell Bay and closing of Gray's Bay Dam access. e Coordinate development planned for car/trailer parking at Gray's Bay Causeway and Hennepin County Regional Park. e Investigate private marinas for public car/trailer parking and boat launching. The committee further recommends the Task Force review and attempt to verify the car/trailer parking inventory data provided by the Data Gathering/Standards Subcommittee as recommended at its September 9, 1992 meeting. The committee also believes there may be a need for a car/trailer parking engineering study of the identified available and potential car/trailer parking for public boat launching.