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1993-01-12CITY OF MOUND ~ION STATEMENT- 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 - REG~ MEETING 7:30 P.M., TUESDAY, JANUARY 12, 1993 CITY COUNCH, CHAMBERS Se o PLEDGE OF ALLEGIANCE. OATH OF OFFICE. REQUEST FROM SEVENTH GRADE CLASS - OUR LADY OF THE LAKE SCHOOL - POPULATION SIGN FOR CITY. PG. 5 APPROVE THE MINUTES OF THE DECEMBER 8, 1992, REGULAR MEETING; THE DECEMBER 9, 1992, BUDGET HEARING; AND DECEMBER 17, 1992, SPECIAL MEETING. PG. 6-17 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT AND BAR FOR "HEADLINERS BAR & GRILL" IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5241 SHORELINE DRIVE. (SUGGESTED DATE: JANUARY 26, 1993, 7:30 P.M.) (THIS WAS ORIGINALLY SET FOR JANUARY 12, 1993, BUT THE NOTICE FOR THE HEARING DID NOT GET PUBLISHED TO MEET THAT DATE). PG. 18 CONTINUE THIS PUBLIC HEARING TO CONSIDER AN APPLICATION FOR AN "ON-SALE" INTOXICATING LIQUOR LICENSE FOR MARK SALITERMAN & BILL FEEHAN, DBA HEADLINERS BAR & GRILL, 5241 SHORELINE DRIVE. (SUGGESTED DATE: JANUARY 26, 1993, 7:30 P.M.) (THIS PUBLIC HEARING NEEDS TO BE CONTINUED TO THE JANUARY 26, 1993, MEETING TO COINCIDE WITH THE PUBLIC HEARING FOR THE CONDITIONAL USE PERMIT). PG. 19 PUBLIC HEARING: NEIL WEBER FOR TEAL POINTE DEVELOPMENT CO. - CONSIDER A REQUEST TO VACATE PARTS OF COBDEN LANE AS DESCRIBED FOR THE PROPOSED PLANNED DEVELOPMENT AREA NAMED "TEAL POINTE". PG. 20-70 21. 22. 23. 24. 25. 26. RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY CLERK. PG. 128 RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1993. PG. 129 RESOLUTION APPOINTING COUNCIL REPRESENTATIVES TO THE PARKS & OPEN SPACE COMMISSION; PLANNING COMMISSION; AND ECONOMIC DEVELOPMENT COMMISSION. PG. 130 RESOLUTION REAPPOINTING MEMBERS TO SERVE ON PARKS & OPEN SPACE COMMISSION; PLANNING COMMISSION; AND ECONOMIC DEVELOPMENT COMMISSION. PG. 131 PAYMENT OF BILLS. PG. 132-152 INFORMATION/MISCELI.%NEOUS ao Department Head Monthly Reports for December 1992. PG. 153-178 Be LMCD Representative's Report for December 1992. PG. 179-180 C. L.M.C.D. mailings. PG. 181-210 De Financial reports as prepared by Gino Businaro, Finance Director, for the months of October and November, 1992. PG. 211-214 Ee Financial reports as prepared by Gino Businaro, Finance Director, for the months of August through November, 1992. PG. 215-218 Fo Planning Commission Minutes of December 14, 1992. PG. 219-226 0 Parks & Open Space Commission Minutes of December 10, 1992. PG. 227-229 He Letter dated December 14, 1992, from Knutson Services, Inc. re: amendments to existing recycling contract per our discussion last month. PG. 230-231 Letter dated December 9, 1992, from Hennepin County re: County's review and evaluation process of new tax increment financing plan. PG. 232-234 Ke ne Me Ne Oe Letter dated December 4, 1992, from Don Fraser, Mayor of Minneapolis and current President of the National League of Cities (NLC) re: NLC's adopted economic recovery plan. Mr. Fraser is looking for letters of support to be written to President Clinton, Representative Rod Grams, Senator Dave Durenburger and Senator Paul Wellstone. PG. 235-239 Letter dated December 21, 1992, from Captain Larry Peterson, Sheriff's Water Patrol regarding his appreciation to the Mound Fire Department regarding a recent snowmobiling accident on Lake Minnetonka. PG. 240-241 Letter dated January 4, 1993, from Mayor Vern Haug, Tonka Bay re: concerns about MWCC charges to lake area cities. PG. 242-246 REMINDER: COW Meeting, Tuesday, January 19, 1993, 7:30 P.M. City Hall. Enclosed is a copy of the "Summary Report" on the City Council and Staff's last goal setting retreat held April 6, 1991. This item will be on the COW agenda along with several others for discussion. Please bring this report with you 1/19/93. I will provide additional information at the COW meeting on this subject. PG. 247-253 Economic Development Commission Minutes of December 17, 1992. PG. 254 LMCD Information. PG. 255-270 4 CONTINUED PUBLIC HEARING= CASE ~92-060t 061t 062 & 063: NEIL WEBER FOR TEAL POINTE DEVELOPMENT CO., BLOCKS 10, 11, 15 & 16, WHIPPLE, PID #25-117-24 12 0225, 0118, 0119, 0120· REQUEST: PRELIMINARY PLAT FOR PLANNED DEVELOPMENT AREA, & VARIANCE. PG. 20-70 DISCUSSION: CROSSWALKS. CASE ~92-069: FRANK & ANDREA AHRENS, 4673 ISLAND VIEW DRIVE, LOT 17 & 1/2 OF 18, BLOCK 1, DEVON, PID #30-117-23 22 0008. REQUEST: VARIANCE . 11. CASE ~92-070= 12. 13. 14. 15. PG. 71-76 16. 17. 18. 19. PG. 77-90 20. DAVE TAYLOR, 5991 RIDGEWOOD ROAD, LOT 14 & PART OF 13 & 15, BLOCK 6, THE HIGHLANDS, PID #23-117-24 43 0028. REQUEST: VARIANCE. PG. 91-105 SET PUBLIC HEARING TO CONSIDER A REQUEST TO VACATE A PORTION OF WINDSOR ROAD FOR MARK & JULIE LILLEDAHL, 3233 TUXEDO BLVD., LOTS 15, 16 & 17, BLOCK 13, WHIPPLE. (SUGGESTED DATE: FEBRUARY 9, 1993, 7~30 P.M.) PG. 106-115 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE: VACANCY - STEVE KIRSHBAUM. PG. 116-118 RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION RE: VACANCY - STAN DRAHOS. PG. 119-120 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A LEASE WITH MARK SALITERMAN RE: MUNICIPAL LIQUOR STORE. PG. 121 RESOLUTION APPOINTING ACTING MAYOR FOR 1993. PG. 122 RESOLUTION APPOINTING CITY CLERK, FRAN CLARK, ACTING CITY MANAGER FOR 1993. PG. 123 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR 1993. PG. 124-126 RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR. PG. 127 2 To Whom It May Concern: Sanuar~ 4, We, the ?th ~rade class of Our Lad~ of the Lake School would like to petition to have our Cit~ oF Mound Signs reflect our population count. We request to be on the agenda Tuesdag, Januar~ 1~2, 1~93 to ask what steps we might take next to see this project through. Sincerely, ?th Grade Class Our Lad~ oF the Lake School MINUTES - MOUND C~TY COUNCIL - DECEMBER 8~ 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 8, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Phyllis Jessen and Ken Smith. Councilmember Liz Jensen arrived at 7:45 P.M. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron, Building Official Jon Sutherland and the following interested citizens: John & Mary McKinley, Nancy Clough, Harold Meeker, John Edewaard, Jean Robinson, Tammy Rush, Sara & Brad Biermann, Glenn Melena, Ruben Hartman, Paul Henry, Harvey Bergquist, Julie Lilledahl, Thomas Albert, Ron DeVinney, Neil Weber, JoAnne Bocke, and John Bessesen. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. JoAnn Bocke, from the Automobile Association of America, presented the 1991 Pedestrian Safety Citation to Sgt. John McKinley. 1.0 MINUTES MOTION made by Jessen, seconded by Smith to approve the Minutes of the November 24, 1992, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PUBLIC HEARING: CASE J92-060, 061, 062 & 063: NEIL WEBER FOR TEAL POINTE DEVELOPMENT CO., BLOCKS 10, 11a 15 & 16, WHIPPLEa PID ~25-117-24 12 0225, 0118~ 0119, 0120~ PRELIMINARY PLAT FOR PLANNED DEVELOPMENT AREAl STREET VACATION & VARIANCE The City Planner reviewed his reports dated November 4 and December 1, 1992. He pointed out that the applicant applied for the vacation of only a part of Cobden Road. The City Engineer and the City Attorney agree that if the applicant is requesting a vacation it should be for the entire right-of-way of Cobden Road, thus a new vacation hearing will have to be published and mailed to affected property owners. The Planner therefore suggested that this hearing be continued to the January 12th Meeting so that a new notification and publication can be done. The Planner reported that the Planning Commission expressed concern in three areas of the Shoreland Management Ordinance, bluffs, density and impervious cover. 1. Bluffs. The proposed Shoreland Management Ordinance prohibits development in areas that are classified as bluffs (>30% slope). Furthermore, the ordinance requires a 30 foot setback from the top of a bluff for all structures. Lots 1, 2, & 3 contain slope areas exceeding 30% with a maximum slope approaching 45% on portions of Lot 1. Virtually all of Lots 1, 2, & 3 would be unbuildable if the shoreland provisions were applied. Density. The Planned Developments Area (PDA) provisions of the Shoreland Management Ordinance exempt bluff areas and land lying below the ordinary high water contour from the total land area used for overall density calculations. This has the effect of lowering the overall density of an area when these features are present. Omitting these areas from the calculations, Teal Pointe can have a maximum of 11.5 units under the density provisions of the Shoreland Management Ordinance. The proposed plan is well within this density since it calls for a total of 9 lots, three of which are in bluff areas. Impervious Cover. Calculation of impervious cover is the subject of specific site plan proposals for individual lots. Until such time as detailed plans are received, it is impossible to calculate the amount of impervious cover. Upon adoption of the Shoreland Management Ordinance, all vacant lots within Teal Pointe will be limited to 30% impervious cover. The City Attorney pointed out that the Developer is going to have to do a Proceeding Subsequent on some of the property he has before a plat can be placed of record. There are also properties lying directly west of Cobden that are platted, so Cobden does serve those other lots. The City Engineer reviewed his report, dated November 4, 1992. He reported that there would need to be some fill on adjacent private property off of Windsor Road in order to extend that road into the development. He further addressed the drainage and grading, streets, utilities and street vacation. There was discussion on the traffic count in the area. The Mayor opened the public hearing. The following persons spoke against the proposed Planned Development Area: Harold Meeker (for himself and also for Glenn & Alice Rogers), Brad Biermann, Ruben Hartmann, Glenn Melena. Rogers and Biermann stated they would not allow fill on their land to extend Windsor Road. The people do not want the development because it will destroy the area, create too much traffic in the area. There was also mention that there may be Indian burial grounds in this area. Mr. Neil Weber, developer stated he is trying to take into consideration the environmentally sensitive nature of this issue by creating large 12,000 square foot lots, clean up the wetlands. It is a unique piece of land. He stated he would have a slide presentation of the property depicting all seasons at the January 12th meeting. He stated the homes would be designed to compliment the property, not detract from its beauty. The Council asked what the traffic counts are on these streets at present. The Council expressed the same concern about the bluffs issue as the Planning Commission. The Planner pointed out that virtually all of Lots 1, 2, and 3 would be unbuildable if the shoreland provisions were applied. The city Attorney quoted Section 330:35, Subd. 8 of the city Code which states, "Failure to act within thirty days of the closing of the hearing shall be deemed as an approval of the preliminary plat by the Planning Commission". This section has nothing to do with the State Statute which calls for 120 days from the date that it is filed if it is in full compliance. He further stated that in talking with the Planner, it is his opinion that it is not in full compliance, therefore the 120 days would not start to run. He recommended that the city ask Mr. Weber for an extension so there is no misunderstanding and the City has adequate time to consider the request. Mr. Weber indicated that he would agree to an extension, if needed. Julie Lilledahl, 3233 Tuxedo Blvd., stated she was in favor of the proposed PDA. MOTION made by Smith, seconded by Ahrens to continue this public hearing to January 12, 1993. The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Jessen to require Neil Weber, developer of Teal Pointe, to escrow an additional $1,000 for review work to be done by the City contractual staff on his proposed PDA. The vote was unanimously in favor. Motion carried. Ahrens moved and Jensen seconded the following resolution: RESOLUTION #92-157 RESOLUTION TO SET JANUARY 12, 1993, FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF CERTAIN PARTS OF COBDEN ROAD SOUTH BETWEEN DRUMMOND AND WATERBURY The vote was unanimously in favor. Motion carried. 1.2 RESOLUTION OF DENIAL - REOUEST FOR MINOR SUBDIVISION, 1720 DOVE L]%NE, MAXINE BEISSEL The Planner explained that a resolution of denial has been prepared for this item and the proposed copy was presented. Jensen moved and Jessen seconded the following resolution: RESOLUTION %92-158 RESOLUTION DENYING THE APPLICATION OF MAXINE BEISSEL FOR A MINOR SUBDIVISION OF PROPERTY AT 1720 DOVE LANEt LOTS ?, S, & 9, BLOCK 12t DREAMWOOD The vote was unanimously in favor. Motion carried. 1.3 REVIEW OF PRELIMINARY ENGINEERING REPORT - PROPOSED STORM SEWER IMPROVEMENT - COTTONWOOD LANE/DAKOTARAIL~ JOHN CAMERON, CITY ENGINEER Mr. & Mrs. Hahn requested that this item be taken off this agenda and put on a future agenda. The Council continued this item to the January 26th, 1993, Meeting. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.4 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT AND BAR FOR "HEADLINERS BAR & GRILL" IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 1.5 1.6 5241 SHORELINE DRIVE MOTION made by Ahrens, seconded by Jensen to set January 12, 1993, for a public hearing to consider the issuance of the Conditional Use Permit for a Class III Restaurant and Bar for ,,Headliners Bar & Grill), in the B-1 Central Business District at 5241 Shoreline Drive. The vote was unanimously in favor. Motion carried. SET PUBLIC HEARING TO CONSIDER AM APPLICATION FOR /%N "ON-SALE" INTOXICATING LIQUOR LICENSE FOR MARK SALITERMAN & BILL FEEHAN, DBA HEADLINERS BAR & GRILL, 5241 SHORELINE DRIVE MOTION made by Jensen, seconded by Jessen to set January 12, 1993, for a public hearing to consider an application for an "On-Sale" Intoxicating Liquor License for Mark Saliterman and Bee Feehan, dba ,,Headliners Bar & Grill), at 5241 Shoreline Drive (formerly The Jock Club). The vote was unanimously in favor. Motion carried. DISCUSSION: PROPOSED INCREASE AND OTHER CHANGES RELATED TO RECYCLING CONTRACTOR The City Manager reported that Knutson Services, Inc. has approached the Lake Minnetonka Recycling Group (LMRG) and asked that we make some concessions in the area of revenue sharing and drop sites to improve the financial viability of the recycling program. Knutson proposed an increase in per house collection of $.17 per month for 1993 and $.15 per month for 1994. The LMRG has made the following recommendation: The revenue sharing clause (Section 4) of the contracts be reevaluated and redefined by Knutson and the LMRG. This task is to be completed by December 31, 1992. That Knutson will make good on all outstanding revenue sharing payments owed to LMRG cities prior to November 1, 1992. The LMRG cities will declare a suspension of revenue sharing payments for the months of November and December 1992. That Knutson immediately bring up-to-date all outstanding reports on tonnages collected and markets used as per Section 4, part D of the contracts. If the previous items are accomplished by December 31, 1992, it be recommended that the per household collection fee be increased by 10 cents in 1993 and 10 cents in 1994. The City Attorney suggested that the Council adopt this with language it be approved if all the other LMRG cities approve of the recommendation. The Council agreed. Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-159 RESOLUTION AUTHORIZING THE MAYORAND CITY MANAGER TO RENE~OTIATE THE AGREEMENT FOR RECYCLING COLLECTION The vote was unanimously in favor. Motion carried. 1.7 SET PUBLIC HEARING TO CONSIDER A REQUEST TO VACATE A ~RTION OF WI~SOR ROAD. (SUGGESTED DATE: JANUARY 12, 1993, 7:30 P.M.) The Council discussed this request. The City Attorney suggested that a staff report be given on this before a public hearing is set. The Planning Commission will be reviewing this at their next meeting. No action was taken at this time. 1.8 RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FOR OUR LADY OF THE LAKE CHURCH - 2/6/93 - RAFFLE AND PULL-TABS Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-160 RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FOR OUR LADY OF THE LAKE CHURCH - 2-6-93 The vote was unanimously in favor. Motion carried. 1.9 LICENSE APPLICATIONS MOTION made by Ahrens, seconded by Smith to approve the followlng licenses to the teen club (Bradfer, Inc. dba Someplace Else) contingent upon all required forms, insurance, etc. being submitted: Z Games of Skill, 1 Pool Table, 4 ~ausement Devices, and Pu~llc Dance. The vote was unanimously in favor. Motion carried. MOTION made by Smith, seconded by Jensen to approve a temporary On-Sale Non-Intoxicating Malt Liquor Permit for Our Lady of the Lake School, for Februar~ 6, 1993, Las Vegas Nit., contingent upon all required forms, insurance, etc. being submitted. The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLS MOTION made by Jess.n, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $233,05?.28, when funds are available. ~ roll call vote was unanimously in favor. Motion carried. 1.11 ADD-ON MOTION made by Smith, seconded by Jensen to cancel the December 22, 1992 City Council Meeting. The Mayor to review any items that might need attention and then call a special meeting for December 29th, if necessary. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for November 1992. B. L.M.C.D. mailings. C. Letter from Triax Cablevision re: rate increase. De REMINDER: 1993 Budget Hearings are scheduled for Wednesday, December 9, 1992 and Wednesday, December 16, 1992, at 7:30 PM, Mound City Hall. Please bring your copies of the 1993 Proposed Budget with you to these meetings. REMINDER: Annual City of Mound Christmas Party is scheduled for Friday, December 18, 1992, Mound American Legion. Invitations have been sent out and we need RSVP's by Friday, December 11, 1992. Fo Letters of interest from two persons applying for vacancy on Parks & Open Space Commission. Interviews will be held Thursday, December 10, 1992, 7:00 P.M., Mound City Hall. You are invited to attend. Commissioners will rank candidates and submit a recommendation to you for your consideration. G. Planning Commission Minutes of November 23, 1992. Economic Development Commission Minutes of November 19, 1992. /; MOTXON made by Jensen, seconded by Jessen to adjourn at 10:15 The vote vas unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTEB - BUDGET HEARING - DECEMBER 9, 1992 The meeting was called to order at 7:30 PM. City Council members present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen, Ken Smith. Also present were: City Manager Ed Shukle, Geno Hoff, Street Superintendent; Greg Skinner, Water and Sewer Superintendent; Jon Sutherland, Building Official; Jim Fackler, Parks Director; Len Harrell, Police Chief; Joel Krumm, Liquor Store Manager; Gino Businaro, Finance Director; Don Bryce, Fire Chief and the following interested persons: Phil and Eva Hasch, Freda Olson, Tom Effertz, John and Mary McKinley and Judy Bryce. The Mayor began the meeting with the Pledge of Allegiance. The Mayor asked the City Manager to present the introductory comments to the 1993 proposed budget. City Manager Ed Shukle explained the purpose of the budget hearing. He indicated that this was the annual Truth in Taxation hearing. The purpose of the hearing was to discuss the proposed budget and tax levy for the upcoming year. He further indicated that in September the City Council approved a preliminary budget and levy and that the proposed budget and levy for final approval has not changed. The City Council would have the authority to reduce the tax levy if they so desired, but they could not increase the tax levy from what they approved in September. He then went into some of the highlights of the budget and then indicated that he would take questions. After some general questions were raised, Mayor Johnson then asked to start from the beginning of the budget and work through to the back, calling on the specific department heads to explain their department budget. Following the review of each department budget, the Mayor opened the public hearing. No one asked to be heard regarding the budget. The Mayor closed the public hearing and returned it to the Council for action. Councilmember Jessen requested that consideration be given to adding some funds into the budget for the Adopt-a-Green-Space program. Her rationale was that the City should continue to purchase greens for Christmas time to be placed in the planter boxes and to have that within the budget. She also asked the City Council to consider funds to buy flowers that could be planted by people participating in the Adopt-a-Green-Space program. After some discussion, it was suggested that $500 of the $2000 already in the Promotions budget be allocated for the purpose of buying greens for Christmas 1993. Councilmember Smith moved and Councilmember Jensen seconded the following resolution: RESOLUTION #92-161 RESOLUTION APPROVING THE 1993 GENERAL FUND BUDGET IN THE AMOUNT OF $2,325,?80; SETTING THE LEVY AT $1,734~801; AND APPROVING THE OVERALL BUDGET FOR 1993. The vote was unanimously in favor. Motion carried. Other business discussed was the possibility of having a second meeting in December for the City Council. Jon Sutherland, Building official, indicated that there were three items coming up on the December 14th Planning Commission agenda that would have to be dealt with at some future date by the Council. One of them seems to be an urgent item. Council asked the City Manager to contact the city attorney regarding the possibility of having an approval motion, based upon the Planning Commission's recommendation, over the telephone, rather than conducting a formal meeting. The City Manager is to check with the city attorney to see if this is appropriate and legal. There was no other business. MOTION by Smith, seconded by Jensenand carried unanimously to adjourn the meeting. The meeting was adjourned at 9:50 PM. Mayor City Manager MINUTES - MOUND CITY COUNCIL - DECEMBER 17, 1992 The City Council of Mound, Hennepin County, Minnesota, met in emergency session on Thursday, December 17, 1992, in the Council Chambers at 5341 Maywood Road, in said City, at 8:00 A.M. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Building Official Jon Sutherland, Police Chief Len Harrell, Finance Director Gino Businaro and the following interested citizens: Paul Meisel, and Tom Johnson. The Mayor opened the meeting and welcomed the people in attendance. 1.0 CASE ~92-073: PAUL LARSON, 5217 WINDSOR ROAD, LOTS 3 & 4, BLOCK 18, WHIPPLE, PID ~25-117-24 21 0051, VARIANCE REQUEST The Building Official explained the request. He further stated that the Planning Commission and Staff recommended approval. This case would not have needed a variance if the new zoning code modifications were adopted. Smith moved and Jessen seconded the following resolution: RESOLUTION #92-162 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE FOR 5217 WINDSOR ROAD, LOTS 3 & 4, BLOCK 18, WHIPPLE, PID #25- 117-24 21 0051, P & Z CASE #92-073 The vote was unanimously in favor. Motion carried. 1.1 CASE t92-069: FRANK & ANDREA AHRENS, 4673 ISLAND VIEW DRIVE, LOT 17 & 1/2 OF 18, BLOCK 1, DEVON, PID #30- 117-23 22 0008, VARIANCE REQUEST Councilmember Ahrens removed herself from the Council. The Building Official explained the request. He stated that a new survey has been submitted showing the water and sewer easements and it appears that there is sufficient room to construct the new gazebo within the setbacks. The variance request is to recognize an existing nonconforming structure on the property. He further stated that if the Ahrens' should decide to cut down the size of the gazebo, they would not need to request the variance. The Planning Commission recommendation was in favor on a 7 to 1 vote. Councilmember Jensen stated she was the one who voted against the request because if the Shoreland Management Ordinance was in effect, this structure would not be allowed. She further stated she did not think this was the appropriate forum for addressing this item. She stated she thought it should be discussed at a regular City Council meeting in January. MOTION made by Jensen, seconded by Johnson to table this item. The Council wanted to discuss this further. Johnson withdrew his second, Jensen withdrew her motion. Councilmember Jensen stated she felt considering this item at this emergency meeting could give the perception to the general public that the Council was doing something special for a Councilmember. Mayor Johnson and Councilmember Jessen agreed. Councilmember Smith stated he did not have a problem with the request because it is recognizing an existing nonconforming structure. It is not allowing another nonconformance. He further stated that the Shoreland Management Ordinance has not yet been enacted and did not feel that should be a concern at this point. The Council discussed the fact that they have requested an extension from the DNR to May of 1993 for the enactment of the Shoreland Management Ordinance. The applicant, Andrea Ahrens, stated the request was basically to swap a current structure for the new gazebo. MOTION made by Jensen, seconded by Johnson to table this item to the January 12, 1993, Regular City Council Meeting. The vote was 3 in favor with Smith voting nay. Ahrens abstained. Motion carried. 1.2 PAYMENT REQUEST ~4, 1992 LIFT STATION IMPROVEMENT - $8,007.91 The City Manager explained that the City Engineer has recommended approval of this request. MOTION made by Johnson, seconded by Smith approval payment request #4, from Grldor Construction, in the amount of $8,007.91, for the 1992 Lift Station Improvement, when funds become available. The vote was unanimously in favor. Motion carried. 1.3 APPROVAL OF THE ECONOMIC DEVELOPMENT COMMISSION PROMOTIONAL PACKET The city Manager reported that the Council met with the EDC prior to this meeting and reviewed the Promotional Packet. MOTION made by Smith, seconded by Jensen to approve the EDC Promotional Packet for publication, with the changes made by the Council and the EDC. The vote was unanimously in favor. Motion carried. 1.4 CROSSWALKS - DOWNTOWN MOUND The City Manager introduced Tom Johnson, Planning Engineer for Hennepin County. Police Chief Len Harrell was present and related what he could about the fatal pedestrian accident which happened on Tuesday evening in the crosswalk at the House of Moy. The Council discussed the following: 2. 3. 4. 5. Improving the lighting in the area of the crosswalks. Installing flashing lights activated by pedestrians at the crosswalks. Working with the County on consolidating crosswalks and moving crosswalks from mid block areas. Finding reflective materials that would make the crosswalks show up better at night. Looking at warrants from the County to see what would be allowed and where. The Council asked that the Police Chief and the City Manager work with the County and see what options are available and what can be done with the crosswalks in downtown Mound. They will also check with the House of Moy and see if they woUld be willing to put a light on their building to illuminate that crosswalk better. MOTION made by Smith, seconded by Jessen to adjourn at 9:50 A.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk /? PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CITY of i' /IOUND 5341 MAYWOOD ROaD MOUND MINNESOT*~ 55364:687 1612) 472 0609 FAX~6~2~4T~ 0620 CASE NO. 92-071 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CLASS III RESTAURANT AND BAR FOR "HEADLINERS BAR & GRILL" IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5241 SHORELINE DRIVE, MOUND NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Monday, Janu&ry 26, 1993 to consider the issuance of a Conditional Use Permit for Headliners Bar & Grill, Inc. to operate a Class III Restaurant which is defined by the Mound Zoning Ordinance as follows: "Restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities shall account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis." This operation is proposed for the property at 5241 Shoreline Drive (the old Jock Club), legally described as: Lots 7-20 and 26-35, Block 1, Shirley Hills Unit F, PID $13-117-24 34 0072. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene 'C. Clark,-C-£%y Clerk Published in "The Laker" 1-4-93 and mailed to property owners within 350' by 1-11-93. / ~ ~ prinled on recycled paper NOTICE OF PUBLIC HEARING CITY OF MOUND, MINNESOTA NOTICE is hereby given that the City Council of the City of Mound, Minnesota, will meet on Tuesday, January 12, 1993, at 7:30 P.M. for the purpose of a public hearing to consider an application for an Sa Intoxicating Liquor License for Mark Saliterman "On- le" and Bill Feehan, dba Headliners Bar & Grill, at 5241 Shoreline Drive (formerly The Jock Club). The public hearing will be held in the City Council Chambers at 5341Maywood Road. At this hearing, opportunity shall be given any person to be heard for or against the granting of the license. F?'an~dene Ct Clark, CMC, City Cler~ Publish in The Laker December 28, 1992 JAN ? 1§93 I PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CITY of MOUND 534~ MAYWOOD IROAD ,MOUND MINNESOTA 55364 '687' 612t 4.72 0600 FAX i612~ 472-0620 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A REQUEST TO VACATE CERTAIN STREETS AS DESCRIBED BELOW FOR THE PROPOSED PLANNED DEVELOPMENT AREA NAMED "TEAL POINTE" NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, January 12, 1993 to consider the approval of a request to vacate certain streets as shown on the map on the back of this notice and legally described as follows: That part of Cobden Lane as dedicated in the Plat of "Whipple" which lies between the westerly extensions of the south line of the north 20 feet of Lot 13, Block 16, "Whipple" and the south line of Lot 14, said Block 16; reserving an easement for drainage and utility purposes over, under and across the east 10 feet of the west half of that part of above said Cobden Lane being vacated, and also reserving an easement for grading purposes over, under and across the north 20 feet of the west half of that part of above said Cobden Lane being vacated. That part of said Cobden Lane which lies between the westerly extensions of the north line of the south 10 feet of Lot 14, Block 15, "Whipple" and the north line of Lot 13, said Block 15; reserving an easement for drainage and utility purposes over, under and across the east 10 feet of the west half of that part of above said Cobden Lane being vacated. That part of the east half of said Cobden Lane which lies between the westerly extensions of the North line of Lot 13, said Block 15, and the south line of Lot 14, Block 10, "Whipple". The street vacation being requested is part of a request for a Planned Development Area named "Teal Pointe." The proposal is to subdivide the subject land into nine single family lots. The subject lands are in Blocks 10, 11, 15, & 16, Whipple. Ail 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 Published in "The Laker" December 21, 1992 and December 28, 1992. Mailed to property owners within 350' of subject property by December 30, 1992. Posted by December 23, 1992.  printed on recycled paper ~ I N. //~ $£G. 85, T.//7, /i'. ~'4 ?,i / / / / II MiNN~ LAKE January 8, 1993 I I IIE D JAN 1. 1. 1993 TO: Mound Council and Staff FROM: Teal Pointe Development Neil Weber, and Fred Bame RE: Teal Pointe Preliminary Plat and it's issues. INTRODUCTION The following discussion highlights some of the issues under discussion. From the start of this project in 1985, we have expressed the desire to work cooperatively with the city and community to develop this property in a way that would improve the neighborhood and benefit the City of Mound. in 1987 The. City of Mound sold us the land on Drummond (the 3 upper lots) to be included in the development. We are proposing to develope the property by providing 10,000 SF minimum lots and providing a density of 9 lots rather than the 11 that would be allowed if the Shoreland regulations were applied. We are interested in reducing the density so that we might preserve the quality of the environment and v~getation on the site. While we have attempted to apply the strictest standards possible, a number of issues have come up. We are interested in dealing with these issues so that everyone involved will be satisfied. THESE ISSUES INCLUDE: Community Response - A number of people in the neighborhood, I believe, have had a misconception as to Just what we are trying to do with this site. We want to maintain the quality of environment as much as they do. We are applying stricter guidelines to ourselves than they themselves have. Our lots are much larger than most of the neighborhood. The concept of "nothing" happening to the property is not realistic. However, if the CitY or the neighborhood would be interested in purchasing the land for a park or simply to be left the way it is. (which is not good land stewartship) we would entertain a valid purchase agreement with earnest money. Our proposal of 10,000 minimum SF lots is an upgrade within the community. The community has not given direction to development other than to indicate that nothing should be done. e Indian Artifacts - The potential of Indian artifacts existing on this site is extremely remote. Be Outlot A - Staff has suggested that outlot A by private. We would agree but will abide by whatever, the Council would like. PAGE Traffic - Single family development of 10,000 SF minimum lots would be the lowest traffic generator of any kind of development including park development. We are also doing development which is below the density allowed. The site, because it will be developed at a lower density than allowed by code further reduces the traffic impact on the neighborhood. Hardcover - Will comply to Shoreland ordinance code. Access Road - We have been working with Wiss Jauney Elstner Associates, Inc. of Chicago, Illinois to provide retaining walls which will not incroach on private property with fill. They are experts in providing unique design solutions to engineering problems. We will provide retaining walls and guard rails as required to insure that private property is not disturbed. This will not alter the right of way we are requesting of 40' (Windsor Road now is 32') or the roadway width of 20'(which matches Windsor Road). The grading of the road does not change from what it has been. Details will be discussed at the meeting. We hope that we now have addressed your concerns. We want the City to be proud of this project just as we want to be. I I Introduction to WJE Wiss, Janne); Elstner Associates, Inc. and its Erlin, Hime Associates Division specialize in problem-s o lying for all O'pes of structures and construction materials. They answer questions such as: Why did it fail? Can it be repaired? Is it safe? How can the roof and walls be I~ept from leaking ? What's wrong with this concrete ? Are these materials suitable for construction? Wiss, Janney, Elsmer. Associate~, Inc. C0.'J£) is an employee-owned, interdisciplinary firm of structural/ civil enginee;s, atchhects, and materia! scientists. With offices na!Jonwide, WJ£ providesa ~ide range of consu]ting,'~ research, and design sen'ices in all areas of construction technol- ogy. The Erlin, Hime Associa:es (EHA) Division of W~'E provides specialized eonsu!dng services in construction materials evaluation through laboratory techn!qaes. Since itg establishment in 19~6, WYE has se,wed thousands of clients worldwide, from inclividu~!s ~o large corporations, univcrsi. ties. ~d government agenci~. ~e f~ has nc~ev~ ~ interns. fional ~cpuzetion ~ pmblem-solvin~ for existing buildings,· bridges, and o~er s~ctures ~ough professional cx~nise, t~hni~l ab~ty. ~d quick ~ase m c~en: hems. The WJE headquarters in Northbrook, Illinois. includes an office and la~ra~o, ry complex, ~ctural ~es: facility, and equipment for tes~-~g, instrumentation, and rese~,'ch. A r~tworked computer system is availabl~ for engineering calculations, experimen~ data analysis, instrumentation monitoring, and database development, as ss'ell as design and drafting. W/E service~ include: " · Asaese~ent +"'f__ Existing Stru=turea ' ': ' · Investigations and Failure Analy~la ·. :' · Tearing and Instrumentation .... · · Conatructlon Materlala Evaluation " Repair and Reh,,bllltatlon -. Hlotorlo Preservation " Specialized Sorvloes for New conatru~tion' Reaaaroh .nc~ Development "" ."." .... .: . ....'...:... :.'. .-.-'..:- : .r-': ...'.': ~..' --. : .. :'.. ~-!..' :....' :: :'..:..'. ..... '.. TECHNICAL MANUAL (. PRODUCT PROFILE GENERAL INFORMATION: · Absorption Rate ..................................................... · Compressive Strength ................................................ · Composition ................................................... -. .... STANDARD UNIT: : Weight ........................................................... S~ze ............................................................. · Exposed Face ....................................................... MINI UNIT AND CAP UNIT: ~ Weight ............................................................. Size ............................................................... · Exposed Face ....................................................... PINS:  Standard ................ Yz ' x 91/4 ' High Strength Pultrusion Fiberglass Mini ..................... yz · x 5% ' HighStrength Pultruslon Fiberglass ~ Tensile Strength .......... 170,000 psi Tensile Modulus 5 x 10. psi ; FlexuralStrength ......... 200,000 psi Flexural Modulus 5.5 x 10' psi · Interlamlnar Shear Strength 9,000 psi · Specific Gravity ........... 1.9 \ COLOR AND FACE OPTIONS:* · Factory Colors ............ Gray, Tan, Brown  Custom Colors ............ Special Quantity Orders Only Face Patterns ............ Sculptured Rockface, Corduroy, ExposedAggregate*'* Verification should be made as to the availability of the above colors and faces Actual Weight may vary by region The exposed face is accomplished by sandblasting at the site 5% (Approximately) 1250 psi (Approximately) High Strength, High Density, "0" slump concrete 94 lbs. (Approximately)'* 8'H x 18'W x 24'D 1 Square Foot (8'x18') 44 lbs. (Approximately)** 4"H x 18%'V x 12"D 1/~ Square Foot (4"x18') UNIT The elongated tall section provides additional stability for straight walls as the tall piece rests on the unit below It. ! G~OVES I ~ Remove the extended tall pieces at the grooves to ' return the block shape to its 30' sides when building tight convex curves. TYPICAL WALL SECTION TERMS ~p ~ / ~ ~ ~ ~ ~PA~D I ~~ ~ . I~ I I I I I I K tlIIIII I ~..t ~ ?q/ I I I ~*~,~ ~c~ ~ I~"~'1/ '/ ~lllllllll~*LU~"~s 0~..~8~.~ ~. f / ~ I I I I I I I I I I I REiNF~EME~ [~_,' Y '- ~ I I I I I I I I I I~t~T~ FIBE~ ~N - t : 11111 iIiii [i~~l ~ .il I~1 III I III III I I~[ I1~11111111111111111111 ' " - ,I II~llllllllllllllllllll PE DUCT INSTAI.t. ATION BASE: To be a 6" depth of 95% compacted granular fill. Provide for a level base in both front to back and side to side directions for walls below 10%0.. in height. For walls above 10'.O" provide a tilt fFom front to back so that the back is 1" lower than the front star- ting at the foundation. The number of courses below finished grade will vary depending on the application. SUCCEEDING UNITS: A. Interlocking each unit with its adjoining members is accom- plished with the %" x 9%" high-strengthfiberglass pin system. B. Center each unit over the two supporting units below and pull unit forward, away from the embankment, until movement is re* stricted by the interlocking action of the pins and the kidney re- ceiving cups. This slopes the wall backward towards the em- bankment, with an automatic set-back of %" per layer. C. Backfilling should be completed at each 8" course with a granular material. (NOTE: Do not use a mechanical compactor directly on the KeyStone¢ unit.) D. Tie Back Material will lie between adjoining courses while inter. locking with the pinning system. Walls up to6' high may not re- quire a tie back system. (See Geogrid Placemenl Chart.) E. Drainage Systems may be required in extremely wet soil condi- tions to reduce the hydrostatic pressure. F. Curves and Contours will take special consideration. · The base course must be level. · Convex curves require approximately a 1" gap between units for a 6' high wall and will allow a radius as tight as 3'3". · Concave cun~es require a.n Overlap of unit edges and may be as tight as a 90° corner (NOTE: overlapping and gapping will vary depending on the height and curvature of each wall). The above Installation guidelines apply to both the full size and the mini unit. These installation procedures do not take into account geographical variations in site and soil conditions and therefore may require fur- ther engineering details. None of the Information illustrated here should be construed as a construction detail. CONVEX CURVES DEFINITION OF TERMS Cl -- Interaction coefficient between grid and soil type C. -- Interaction coefficient for sliding Fr -- resultant force resisting sliding of wall F.S. -- factor of safety H --exposed wall height He --embedment distance hi -- distance to grid layer number I hw -- height of soil wedge from top of wall t -- grid layer number from the base KA -- active soil force coefficient L -- length of reinforcing grid La -- available length for developing grid strength I.~ -- embedment length required Mo -- moment overturning wall Mr -- moment resisting overturning N -- number of grids required Nmin -- minimum number of geogrid layere Pc -- percent of coverage of geogrid in a layer q -- uniform surcharge R ~ resultant load on wall Rh -- horizontal component of R R~ --vertical component of R TA -- allowable grid strength tar; -- average tensile force In geogrld layer Tr. ~ long term design strength of geogrid Tr -- tension reinforcement force required for tiebacks T= -- total wedge force o -- bearing pressure · yb ~ unit weight of retained soil "/r -- unit weight of foundation eoil Yr -- unit weight of reinforced backfill eb -- angle of Internal friction of retained soil eF -- angle of Internal friction of foundation soil · ; -- angle of Internal friction of reinforced backfill KEYSTONE MODULAR RETAINING WALL UNITS PART 1 GENERAL 1.1 Work includes furnishing and installing modular block retaining wall units to the lines and grades designated on the construction drawings and as specified herein. 1.2 APPLICABLE SECTIONS OF RELATED WORK A. Section 02265 -- Geogrid Wall Reinforcment 1.3 Reference Standards A. ASTM C90--75 (1981 rev) -- Hollow Load Bearing Masonry Units B. ASTM C140--75 (1981 rev) -- Sampling and Testing Concrete Masonry Units C. ASTM C145-75 (1981 rev) -- Solid Load Bearing Concrete Masonry Unlts 1.4 Delivery, Storage and Handling A. Contractor shall check the materials upon delivery to assure that proper material has been received. B. Contractor shall prevent excessive mud, wet cement, epoxy, and like materials which may affix themselves, from coming in contact with the materials. C. Contractor shall protect the materials from damage. Damaged material shall not be incor- Iorated into the reinforced soil em. ankments. PART 2 RETAINING WALL 2.1 Mat~rlala A. Concrete Units 1. Masonry units shall be KeyStone~ Retain- ing Wall Units as manufactured by: 2. Concrete wall units shall have a minimum 28 day compressive strength of 1000 psi in accordance with ASTM C-90. The concrete shall have adequate freeze/thaw protec- tion with a maximum moisture absorption rate of 6%. 3. Exterior dimensions may vary. Units are required to have a minimum of one half square foot of face area each. 4. Retaining wall units shall provide a minimum of 150 pounds per square foot of wall face area. Fill which Is contained within the dimensions of the units may be considered as 80% effective weight. 5. Units shall have angled sides and capable of attaining concave and convex align- merit curves with · minimum radius of 3.5 feet. B. Units ·hall be Interlocked with non- corrosive fiberglass pins. 7. Units shall be Interlocked as to provide a minimum of 114 inch of setback per each course of wall height. B. Fiberglass ~onnecflng pln~ 1. Nylon resin rods with fiberglass reinforce- ment. 2. Pin· ih·Il have · minimum flexural strength of 180,ooo psi. 2.2 Co Base Material 1. Material for footing shall consist of com- pacted sands, gravel and/or concrete as shown on the construction drawings. A minimum of 6 inches of compacted base is required. D. Unit Fill 1. Fill for units shall be free draining sands or gravel. No more than 10 percent shalJ pass the No. 200 sieve with a maximum size of ~,~ inch. Gradation of the fill shall be approved by the Engineer. 2. A minimum of 12 Inches of drainage fill must extend behind the wall. E. Backfill 1. Material shall be insltu soils when appr0v- ed by the Engineer unless otherwise specified In the drawings. Unsuitable soils for backfill shall not be used within the reinforced soil mass when using geogrid for tiebacks. 2. Where additional fill Is required contrac- tor shall submit sample and specifica- tions to the Engineer to determine if ac- ceptable. Retaining Wall Installation A. Excavation 1. contractor shall excavate to the lines and t~rades shown on the construclion draw- ings. Over excavation shall not be paid for and replacement with compacted fill and/or wall system components will be re- quired at contractor expense. Contractor shall be careful not to disturb embank- ment materials beyond lines shown. B. Foundation Soil Preparation 1. Foundation soil shall be excavated as re- t~ired for footing dimensions shown on · construction drawings, or as directed by the Engineer. 2. Foundation soil shall be examined by the Engineer to assure that the actual founds. lion soil strength meets or exceeds assumed design strength. Soils not meeting required strength shall be remov- ed and replaced with acceptable material. 3. Over-excavated areas shall be filled with compacted backfill material. C. Bass Footing 1. Footing shall be placed as shown.on the construction drawings with a minimum thickness of 6 Inches. 2. Footing materials shall be Installed upon undisturbed insitu soils. 3. Material shall be compacted so ·s to pro- vide a level hard sudace on which to place the first course of units. Compaction will be with mechanical plate compactors to 95% of standard. 4. Footing ah·Il be prepared to Insure com- plete contact of retaining wall unit with base. Gaps shall not be allowed. 5. Footing materials shall be to the depths and widths shown, contractor may opt for using reduced depth of sends and gravel end using · concrete topping. Concrete Ih·Il be unrelnforced &nde maximum of one Inch thick. D. Unit Installation 1. First course of concrete wall units shall be placed on the footing. The units Shall be checked for level andalignment. The first course is the most important to insure ac- curate and acceptable results. 2. Insure that units are In full contact with base. 3. Units are placed side by side for full length of wall alignment. Alignment may be done by means of a string line or offset from base line. 4. Install fiberglass connecting pins and fill units. Tamp fill. 5. Sweep all excess material from top of units and install next course. Insure each course is completely filled prior to pro- ceeding to next course. 6. Lay up each course Insuring that pins pro. trude into adjoining courses a minimum of one inch. Two pins are required per unit. Pull each unit forward, away from the embank- ment, against pins in the previous course and backfill as the course is completed. Repeat procedure to the extent of wall height. 7, At the end of each course where the wall changes elevation, units shall be turned Into the backfill. Units shall be laid as to create the minimum radius possible. A minimum of 3 units shall be installed into the grade. Only the front face of the units shall be visible from' the side of the wall. E. Oeogrld 1. If geogrid is to be Installed as tiebacks, follow the additional requirements of Sec- tlon: Geogrid Wall Reinforcing. PART 3 MEASUREMENT AND PAYMENT 3.1 Measurement A. Measurement of retaining wall is on · square foot basis computed on the total area of wall shown on the construction drawings. Area is taken from the footing to the top of wall, times the applicable length of section. 3.2 Payment A. Payment for the wall will be made on a square foot basis of Installed units at the contract unit price bid. B. Payment shall be considered full compensa- tion for all labor, materials, and equipment to Install units, drelnage fill, backfill, footings end clean up. GEOGRID WALL REINFORCEMENT PART 1 GENERAL 1.1 Work Includes furnishing and installing geogrid reinforcement, wall fill, and backfill to the lines and gredes designated on the construction draw- Ings. Also Included is the furnishing and Installing al/appurtenant materials required for construc- tion of the geogrld reinforced soil retaining wall as shown on the construction drawings. 1.2 APPLICABLE SECTIONS OF RELATED WORK A. Section -- KeyStone Modular Retaining Wall Units 1.3 REFERENCE STANDARDS A. ASTM D 638 -- Test Method for Tensile Pro- perties of Plastic B. ASTM D 1248 -- Specification for Polyethylene Plastics Molding and Extrusion Materials C. ASTM D 4218 -- Test Method for Carbon Black Content in Polyethylene Compounds by the Muffle Furnace Technique D. ASTM D 1785 -- Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 20, 40, 80 and 120 1.4 DELIVERY STORAGE AND HANDLING A. Geogrid: 1. Contractor.shall check the geogrid upon delivery to'assure that the proper material has been received. 2. Geogrids shall be stored above --2(PE 3. Contractor shall prevent excessive mud, wet cement, epoxy and like materials which may affix themselves to the grid. work, from coming in contact with the geogrid material. 4. Rolled geogrtd material may be laid flat or stood on end for storage. PART 2 MATERIALS 2.1 DEFINITIONS A. Geogrid is a high density polyethylene (HDPE) grid, specifically fabricated for use as a $oll reinforcement. B. Concrete retaining wall units are as detailed on the drawings and are specified under Sec- tlon: Concrete Retaining Wall Units. C. Wall fill Is a free draining granular material us- ed within the concrete units. D. Backfill Is the soil which Is used as fill for the reinforced soil mass. E. Foundation soil Is the insttu soil. 2.2 PRODUCTS A. Geogrid shall be the type as shown on the drawings and having the property re- quirements as described in the attached specifications. ACCEPTABLE MANUFACTURERS A. The Tenser Corporation. B. A manufacturer of equivalent products, preap- proved by the Engineer prior to bid opening. PART 3 EXECUTION 3.1 FOUNDATION SOIL PREPARATION A. Foundation ~oll shall be excavated to the fines and grades as shown on the construc- tton drawings or as directed by the Engineer. B. Foundation ,soil shall be examined by the Engineer to assure that the actual foundation soft strength meets or exceeds aeaumed design strength. C. Over-excavated areas shall be filled with com- pacted backfill material. D. Foundation soil shall be proof rolled prior to fill and geogrld placement. &~ WALL ERECTION A. Well erection shall be H specified under ~ec. lion: Concrete Retaining Wall Units. SPECIFICATION GUIDELINES GEOGRID INSTALLATION FOR RETAINING WALLS A. The geogrid soil reinforcement shall be laid horizontally on compacted backfill, con- nected to the concrete wall units and embedd- ed a minimum of 12 inches. Hook grid over fiberglass pins, pull taut, and anchor before backfill is placed on the geogrid. B. Slack in the geogrid at the wall unit connec- tions shall be removed in a manner, and to such a degree, as approved by the Engineer. C. Geogrid shall be laid at the proper elevation and orientation as shown on the construction drawings or as directed by the Engineer. D. Correct orientation (roll direction) of the geogrid shall be verified by the contractor. E. Geogrid may be secured in-place with staples;' pins, sand bags, or backfill as required by fill properties, fill placement procedures, or weather conditions, or as directed by the Engineer. F. Overlaps: 1. Uniaxial geogrld does not need to be overlapped in the across the roll direction, except to contain the fill at the slope face when wrap-around facing is used. Uniaxial seOl~rid shall be overlapped a minimum of roches in the roll direction, or as directed by the Engineer. 2. Biaxial geogrid shall be overlapped a minimum of 6 inches along the edges parallel to the direction of the reinforce- ment. 3. Biaxial geogrld shall be overlapped a minimum of 18 inches along edges perpendicular to the direction of reinforc- ment, or as directed. 4: A layer of soil a minimum of 4 Inches in thickness shall be spread between unlax- , eogrid layers in the area to be overlap- or as directed. FiLL PLACEMENT A. Wall fill material shall be placed in 8 inch lifts and compacted to 95 percent of standard pro- ctof. B. Backfill shall be placed, spread, and com- pacted in such a manner that minimizes the development of wrinkles in and/or movement of the geogrid. C. Only hand-operated compaction equipment shall be allowed within 3 feet of the wall face. D. Backfill shall be placed from the wall outward, to Insure that the geogrid remains taut. E. Tracked construction equipment shall not be operated directly on the geogrld. A minimum backfill thickness of 6 inches is required prior to operation of tracked vehicles over the geogrid. Turning of tracked vehicles should be kept to a minimum to prevent tracks from displacing the fill and damaging the geogrid. F. Rubber-tired equipment may pass over the geogrid reinforcement at slow speeds, less than 10 MPH. Sudden braking and sharp turn- _ lng shall be avoided. 3.5 PART 4 MEASUREMENT AND PAYMENT 4.1 Measurement: A. Measurement of geogrid Is on a square yard basis as computed on the total area of geogrid shown on the construction drawings.. 4.2 Payment A. Payment shall be made on a square yard basis of installed geogrid at the contract unit price bid. B. Payment shall be considered full compensa- tion for all labor, materials, and equipment us- ed to install geogrid and backfill. I GEOGRID PLACEMENT CHART Since actual project conditions may vary from lhose assumed in the developmenl of this chart, it ts important to recognize the conditions for which the chart applies, which are: · The bearing capacity of the foundation soil be- low the wall is adequate. (maximum required al- lowable bearing capacity fo~ the cases present- ed is 3500 psf) · In cases A, B, and C, the reinforced wall fill, re- tained backfill, and foundation soils are sandy silts or gravely sands which have a strength fined by an effective angle of friction of 32~, zero cohesion and a moist unit weight of 125 pcf. · Both the reinforced wall fill and retained backfill are well drained. · Minimum faclors of safety are: 1.5 against rein- forcement pullout and reinforcement rupture; 1.5 against external sliding failure; and 2.0 against external overturning. ENGINEERING CREDITS: SERVICE ENGINEERING CIVIL ENGINEERING CONSULTANTS ST. PAUL, MN BASIC GEOGRID PLACEMENT CHART· WALL CASE GRID NUMBER GEOGRID GEOGRID LAYER NUMBER HEIGHT TYPE OF LENGTH FEET LAYERS FEET I 2 3 4 5 4 A -- 4 B -- 4 C SS2 I 2.5 1.5 5 A _ D I 5 B SS2 I 2.5 2 S T 5 C SS2 2 3.7 1.3 3.3 A N 6 A SS2 1 2.5 2.7 C E 6 B SS2 2 '2.5 1.3 3.3 6 C SS2 3 4.3 .7 2 4 A B 7 A SS2 2 3.0 1.3 4.0 O V 7 B SS2 3 3.0 1.3 2.7 4.7 E 7 C SR1 3 4.9 1.3 2.7 4.7 B A 8 A SS2 3 3.2 1.3 3.3 5.3 S 8 B SS2 4 3.5 .7 2.7 4.7 6.7 E I 8 C SR1 3 5.8 1.3 3.3 513 N 10 A SR1 3 4.3 1.3 4 6.7 F 10 B SR1 4 4,6 1.3 3.3 5.3 7.3 E E 10 C SR2 3 7.0 1.3 4.0 6.7 T 12 A SR2 3 5.5 1.3 4.7 8.0 12 B. SR2 4 5.7 1.3 4 6.7 9.3 12 C SR2 5 8.1 1.3 4 6 8 10 'The chart is to be used for estimatin~ purposes only. Design must be performed by a qualified engineer using actual design parameters for the proposed site, CASE A. GEOGRID .r .?. CASE B. -' L CASE C. ~ GEOGRID ..r ~ L ~: .~ '. I~' ~-~ pcf I I CITY of MOUND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 92-060 NOTICE OF A PUBLIC HEARING TO CONSIDER APPROVAL OF A PLANNED DEVELOPMENT AREA, PRELIMINARY PLATy STREET VACATIONSv AND STREET DESIGN VARIANCES FOR "TEAL POINTE" NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, December 8, 1992 to consider the approval of a Planned Development Area, a Preliminary Plat, Street Vacations, and Street Frontage Variances for the proposed plat named "Teal Pointe." The proposal is to subdivide the subject land into nine single family lots. The subject lands are in Blocks 10, 11, 15, & 16, Whipple, as shown on the map below: Ail 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" 11-16-92 and 11-23-92, and mailed to property owners within 350' by 11-25-92. Hoisington Koegler Group Inc. DD PLANNING REPORT SUPPLEMENT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: DeCember 1, 1992 SUBJECT: Teal Pointe Development Proposal APPLICANT: Teal Pointe Development Co. (Neil Weber) CASE NUMBER: 92-060, 92-061, 92-062 and 92-063 HKG FILE NUMBER: 92-37j LOCATION: Property lying immediately east of the termini of Drummond Road and Windsor Road EXISTING ZONING: Single Family Residential (R-2) COMPREHENSIVE PLAN: Residential BACKGROUND/COMMENT: The Teal Pointe development proposal was reviewed by the Planning Commission on November 10, 1992. Since that meeting, the applicant has submitted modified plans in conformance with the recommendations of the Commission and staff. The intent of this supplementary report is to: 1) provide a brief overview of the changes that have occurred, 2) based on the modified plan, identify all required approvals including variances, and 3) provide a commentary on the application of proposed shoreland management standards to the proposed project. Plan Modifications Most of the modifications of the plan that have occurred since the Planning Commission meeting relate to engineering concerns. The proposal still calls for the creation of a total of 9 lots, all with areas exceeding 10,000 square feet. The average lot size as proposed is 12,800 square feet. The R-2 zone requires a minimum lot size of 6,000 square feet. Land Use / Environmental * Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 ! I Teal Pointe Planning Report Supplement December 1, 1992 Page 2 Windsor Road is to be extended as a public street into the property terminating in a cul-de-sac. Windsor Road will serve lots 4 through 9. Lots 1 - 3 will be served by a private roadway/driveway that is labeled as Outlot A. Windsor Road has a proposed 40 foot right-of-way with a paved area of 28 feet. The proposed street will match the existing width of Windsor Road. The private driveway on Outlot A will have a width of 22 feet which matches the existing width of Drummond Road. Since the plan was presented to the Planning Commission, the developer has also added catch basins and storm sewer along Windsor Road. The City Engineer will present a complete overview of all of the engineering related changes at the City Council meeting. Required Approvals As proposed, the development plans for Teal Pointe will require the following approvals from the City Council. Approval of a conditional use permit to establish Teal Pointe as a Planned Development Area. The conditional use permit should also address the issue of establishing Outlot A as a private street. Section 330:95 Subd. 1 states, "Private streets shall not be permitted nor shall public improvements be approved for any new private street unless approved by the City Council as part of a conditional use permit for an overall development plan." Approval of the preliminary plat for Teal Pointe. This approval should include the following variances: go Street frontage variances for Lots 1 - 3. They will front on a private street rather than on an improved public street. Bo Cul-de-sac length for Windsor Road. The Subdivision Ordinance limits cul-de-sacs to 500 feet in length. As proposed, Windsor Road will have a total length of approximately 720 feet. Co A variance for the right-of-way widths for Windsor Road including the cul-de-sac bubble. The plan calls for a ROW width of 40 feet instead of the required 50 feet and a cul-de-sac bubble radius of 40 feet in lieu of the required 50 feet. as' Teal Pointe Planning Report Supplement December 1, 1992 Page 3 A variance on the paved area of the cul-de-sac bubble. The plan calls for a paved area with a 35 foot radius compared to the normal 40 foot standard paved radius. o Approval of the vacation of Cobden Lane. The developer has requested vacation of the east half of Cobden Lane. The City Engineer has suggested that if a vacation occurs, it should include all of Cobden Lane. Application of Shoreland Standards The City of Mound is in the process of adopting a new Shoreland Management Ordinance. It is anticipated that the new ordinance will be in effect in late January or early February of 1993. When the Planning Commission reviewed Teal Pointe, they specifically requested that staff examine the proposed ordinance and provide comments to the City Council on how its provisions impact the proposed development plan. The Planning Commission also asked staff if the new ordinance could be applied to the proposed plan, even though it is yet to be formally adopted. Staff responded that in issuing a conditional use permit, the City of Mound is free to impose any and all restrictions or conditions that are deemed reasonable. This could included the application of the proposed shoreland provisions if the City Council thought that such conditions are warranted. Concerns expressed by the Planning Commission focused on three areas of the Shoreland Management Ordinance, bluffs, density and impervious cover. The following addresses each of these concerns: Bluffs The proposed Shoreland Management Ordinance prohibits development in areas that are classified as bluffs (>30% slope). Furthermore, the ordinance requires a 30 foot setback from the top of a bluff for all structures. Lots 1, 2, and 3 contain slope areas exceeding 30% with a maximum slope approaching 45% on portions of Lot 1. Virtually all of Lots 1, 2, and 3 would be unbuildable if the shoreland provisions were applied. ! Teal Pointe Planning Report Supplement December 1, 1992 Page 4 Density The Planned Development Area (PDA) provisions of the Shoreland Management Ordinance exempt bluff areas and land lying below the ordinary high water contour from the total land area used for overall density calculations. This has the effect of lowering the overall density of an area when these features are present. Omitting these areas from the calculations, Teal Pointe can have a maximum of 11.5 units under the density provisions of the Shoreland Management Ordinance. The proposed plan is well within this density since it calls for a total of 9 lots, three of which are in bluff areas. Impervious Cover Calculation of impervious cover is the subject of specific site plan proposals for individual lots. Until such time as detailed plans are received, it is impossible to calculate the amount of impervious cover. Upon adoption of the Shoreland Management Ordinance, all vacant lots within Teal Pointe will be limited to 30% impervious cover. MINUTF OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION NOVEMBER 12, 1992 pARK DEDICATION DETERMINATION FOR PROPOSED PRELIMINARY PLAT FOR ~'TEAL POINTE." The Park Director reported that an application for a preliminary plat has been received for a development to be named Teal Pointe. The Park and Open Space Commission needs to make a recommendation for park dedication requirements for this development. The City Planner's report explains that the proposed plat shows Outlots A & B which are proposed to be owned by a homeowners association and contain the streets and shall not be considered for park dedication. It has been recommended that the surrounding wetlands area be designated as Outlot C. The developer intends to convey Outlot C to the City of Mound. The City Planner also recommended that Outlot C not be counted as a credit against park dedication. Park dedication requirements are identified in City Code Section 330:120. Land dedication of 10% is required, or at the option of the City, the developer shall contribute a "a minimum of ten percent (10%) of the total fair market value of the land being divided. In no case shall the dedication in cash be less than $500 for each lot being created." It is staff's recommendation that the park dedication requirement be $500 for each of the proposed 9 single family lots to be created for a total of $4,500. The balance in the park dedication fund is approximately $15,700. The Commission questioned if it was the intent of the developer to convey the wetlands area (Outlot C) in lieu of a park dedication fee. Mueller questioned if Outlot C was retained for park dedication if the City as a whole would benefit from the wetlands. It was questioned if the DNR will actually control the wetlands. The Parks Director also suggested that it would be beneficial for the City to retain an access to the proposed Outlot C. MOTION made by Asleson, seconded by Anderson to recommend to the City Council that $500 per lot be obtained for Park Dedication for the Teal Pointe development. Motion carried unanimously. This item will be reviewed by the City Council on December 8, 1992. March 23, 1988 Dear Brad and Sara, We apologize for the girls urinating on your lawn. We will be honest by telling you that we have thought about them doing this in the past, but since Bits was running, pooping and urinating on our property we really figured that property boundaries didn't matter to you. We now realize that we were totally wrong in thinking this. The Bible tells us to love our neighbors as ourselves. Sometimes this is a real test because of different priorities, etc. Obviously our grass is not high on our list. Since we now realize that your lawn is very important to you, we will truly be more comsiderate about it. Please let's not let this different priority come between us. If you would like financial compensation for any damage the girls have done, please tell us. We will be more than happy and willing to do this. It ~s our ho~ fence in all of our property as a wildlife habitat. We do not, hgwe----~er' kn~~m~n-f~-i-~-g-~T~ this. Sara, ~mentione~-¥~-t you might fence ~n your yard. We won't take this as an offense against the girls, so please do. It would be a relief. Until our fenced in wildlife habitat manifests, please know that our property ~-~open ~o you, ~~ gu~s~--~want to share what we have remal been blessed with. Exercise is so important to animals so Bits is welcome to continue running down on the point. As for guests, the only thing that we would like to ask is that no one smoke down there because of so many leaves and brush. This weekend Neil will put up stakes on our exact boundaries so that I know exactly where the girls can and can't go. For some reason this has always been confusing to me. Let's continue to be open with each other to avoid any further differences. TEL No. Feb. 8, 0 4:09 P.02 THE 1NSI'ITUTE FOR MINNESOTA ARCHAEOLOGY 3300 UNIVERSITY AVL/. S.l,., SUITE 202 KIINNEAPOi. IS, MINNUSO'IA 5.5414 612/623-0299 FAX 612/623-0177 i)oard of Dirc¢l~?? J;.i Wiu'ner As'~,wi.m' Ch;dr ('~wlyn I ~'1 Cd ~tl r6 T (;olde, Valle) M;.tricc I ;. [ Mend.la Height* l)out'.las A Bhk M %Villi,m~ I .undqui,I PI6 Iii, Red l)ir~x'lors Jean Ch:dc) Red Anlh, m~ I). BI'utc I }lmnpht>5 ]:'K¢CUIiVk' lanuary 12, 1993 To: Mr. Tom Casey From: Klm C. Breakey .Off 1111/93 Mr, Tom Casey telephoned o, ur offices at the ~bove number and ide,ntified hunself, as an attorney, He began by askmJg general questions about archaeologteal eonsulung and how archaeological consulting could affect a development near Lake Mhmetonka. I replied that if there ,w..e~ public. ~nds or.do_ll~s,.e.~. development plans .shou. l.d be sub..~.tted~_to ~c~l~t, mnes0. Office and that he should contact Ntt'. IjenlltS L~lmmesum He then asked if I knew of any sites in the vicinity, I said the area surrounding Lake Mirmetonka has long been known to contain numerous arc.haeologlcal sites, the. most viisible o.f whieh, are burial mounds. Mr. Casey ,,asked me ff I, knew of any bund mounds tn the wcinity of the developmont. I replied_~at that_h'ffonnpfio, n is a....ma.tt.er of public req.,ord and is on microfieh.e, at tho Minnesota Htstory Center Archives L~ivts~on. lthen indicated I had the information on file here at the 1MA as well, .... ~: , Casey asked me to look up any information reg.axdin, g m_o.und, s, in .Secti .on 25, "- TI~I 1TN R24W, I found that in the late 1880's T,It, Lewts of the r~ortnwestern Archa~logieal Society had mapped three m.o. unds in I- S. ec - Hennepm County and conveyed that ~formatton to Mr. Casey m a later,phone can me same day. I have no further mfomtton ab.o,.,ut the mound group, .more.reformation may be on ~e at the State HLqtori¢ Preservation Office archaeologtcal ate f'fle. Sincerely, Kim Breakey Curator of Collections MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 9, 1992 CABB ~92-060, 0$1t 062, & 063: NEI~. W2BER FOR TEAL POINT;; .DEVELOPMENT CO., ~tlIPPLE IN BLOCKS 10, 11, 15 & 16t PID~s 25-117-2 · "t o-x-t~-..ei'a.' WA~JATZONS, AND VARIANCE - PUBr. IC HEARING. City Planner,s Report. The City Planner reviewed his report on the proposed development to be named Teal Pointe. This single family development will create a total of 9 lots, 6 lots off of an extension of Windsor Road and 3 lots off the end of Drummond Road. In order to develop the subdivision as proposed, a number of approvals are being required, they include approval of a Conditional Use permit to allow the subdivision to be processed as a Planned Development Area (PDA), Preliminary Plat and a Street Planning Commission Minutes November 9, 1992 Vacation request. The proposed plan will also require the approval of variances from the requirements of the Subdivision Ordinance in the following areas: Section 330:95 Subd. 1 requires that street rights-of-way must be 50 feet in width. The proposed plan calls for streets to be located within privately owned outlots. Outlot A is only 24 feet in width. Outlot B at its narrowest portion has a width of approximately 34 feet. Section 330:95 Subd. 8 limits cul-de-sacs to a total length of 500 feet and requires a cul-de-sac radius of 50 feet. The proposed private street results in a cul-de-sac with a total length of 830 feet and an improved surface diameter of 70 feet. Section 330:95 Subd 11 states, "Private streets shall not be permitted nor shall public improvements be approved for any new private street unless approved by the City Council as part of a conditional use permit for an overall development plan." Park dedication requirements will be reviewed by the Park and Open Space Commission on November 12, 1992. In general, the proposed development represents a positive addition to the City of Mound. The City Planner recommended approval of the Conditional Use Permit to establish Teal Point· as a Planned Development Area, approval of the Preliminary Plat, approval of all applicable variances and approval of the street vacation subject to the following conditions as well as the conditions found in the City Engineer's report dated November 4, 1992. The wetland area identified on the preliminary plat shall be designated as Outlot C and shall be deeded to the City of Mound. Dedication of the wetland area shall not be counted as a credit against park dedication requirements as specified in the Mound Code of Ordinances. Approvals by the city of Mound shall be conditioned on the applicant securing all required permits from the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources and all other applicable agencies. Ail lots shall be required to observe the front, side and rear yard structural setbacks as shown on the approved preliminary plat. 4 I I Planning Commission Minutes November 9, 1992 Park dedication requirements shall be in conformance with the recommendations of the Mound Park Commission. If the Planning Commission concurs with Staff's recommendations, it is further suggested that the following finding of fact be adopted. "The Planning Commission finds that the proposed Teal Pointe development represents a desirable addition to the development of the City of Mound. Due to the unique natural characteristics of the site including steep slope areas, mature tree cover and a significant wetland area, approval of the identified variances is warranted and it is appropriate to approve a conditional use permit to establish the project as a Planned Development Area." City Enqineer's Report. John Cameron reviewed his report on the Teal Pointe development proposal from an engineering perspective. The City Engineer's conclusions and recommendations are as follows: The proposed preliminary plat is seen as a very desirable use of this vacant property. The only major obstacle we see that needs to be worked out is the question of private street and utilities versus public. From a maintenance perspective, it appears that public ownership makes more sense, because the City is already in that business. The major problems we see are snow plowing and maintenance of the streets and storm sewer system. It may be possible, even though we have not seen this done, to have everything public except the sanitary sewer. We are recommending approval of the preliminary plat, subject to the following conditions: Preliminary Plat: Revise preliminary plat to show outlot for wetlands and correct boundary to exclude the Drummond Road right-of-way. Grading and Drainage: Furnish documentation allowing fill to be placed on adjacent private property. 2. Adjust slope in fill area to maximum slope of 2-1/2:1. 3. Provide housing type for lots exceeding 10% slope. Streets: Construct Windsor Road (Outlot B) as a public street to City standards. If constructed as a public road, variances will be required for right-of-way width, right-of-way cul-de-sac 5 Planning Co~u~£ssion M£nutes November 9, 1992 diameter, and improved/paved portion of cul-de-sac diameter (proposed to be 70' diameter). Allow private driveway in Outlot A to be constructed to 22 feet wide with concrete curb and gutter. Utilities: 1. Public 6" watermain. Sanitary Sewer and lift station in Windsor Road to be public, with design of lift station to meet City requirements. Homes on Lots l, 2, and 3 to be serviced by private individual lift pumps. If the street improvements in Windsor Road are public, then all storm sewer shall also be public. More detailed plans of the entire system to be furnished at final plat submission. 4. Review by Minnehaha Creek Watershed District. Street Vacation: 1. Recommend street vacation except for Drummond Road. Vacate full 30 foot right-of-way, retaining 20 foot drainage and utility easements. 3. Delay recording of street vacations until final plat is filed. In addition, the Sewer and Water Superintendent also recommended that the road and utilities be public not private. ADplicant's presentation to Planninq Commission. Neil Weber agreed that Outlot B, the extension of Windsor Road, could be public. Weber stated that the proposed right-of-way width for Outlot B is 40' which is only 10' less than what is required for a public road, and is wider than the existing portion of Windsor Road. He stated that there will be no problem meeting the grade at Outlot A for snowplowing. Weber commented that he is taking a difficult project and coming up with a creative solution. Weber reviewed the intent of the development and the type of houses planned to be constructed. 6 Plann[n9 Commission Minutes November 9, 1992 planning Commission Discussion. Mueller confirmed with the City Planner that Outlots A and B cannot be used for park dedication. It was noted that Sinclair Road and Grove Lane cul-de-sacs also received variances to allow a 70 degree radius. Hanus questioned staff if they would prefer the proposed lift stations for lots 1, 2, and 3 to be private or public. Cameron commented that it would be better for the City if they were private and then have one force main line under Outlot A. Greg Skinner noted that there are approximately 16 private lift stations in the City of Mound. Mueller questioned if lot 3 would still meet the zoning requirements and be buildable if Drummond Road is not vacated as proposed. Weber and Koegler both agreed that some lot lines will need to be reconfigured to correct this situation. Mueller questioned how the Shoreland Management Ordinance will affect this application. He expressed a concern about lots 1, 2, and 3 having bluff,s and if these lots would need variances from the Shoreland Management Ordinance to be buildable. Koegler commented that there may be some impact as steep slopes and bluff areas may not account for lot area. Weber confirmed that docks are not being planned for this development. Chair Meyer opened the public hearing. The following people spoke in opposition to the proposed development: Harold Meeker, Alice Rogers, Phil Shepherd, Ron DeVinney, Nancy Clough, Ed Peterson, Tom Albert, John Edwaard, Harvey Berquist, and Paul Henry. Some of the comments made in the negative are as follows: Concerns were expressed about increased traffic and safety for children in the area. Traffic on Tuxedo is already too fast and too much. There is only one point of egress, Tuxedo Blvd. It was questioned what the long term plan is for the Island. Density should be addressed. When is it enough? Increased run-off. 7 Planning Commission Minutes November 9, 1992 What will the development do to surrounding property owner's taxes and value of homes? 5. Loss of view. 6. Negative impact on wildlife. Mark and Julie Lilledahl both spoke in favor of the development, commenting that the proposed development appears to be well thought out and would be an improvement to the area. They feel this will be the best development opportunity for this site as the property will be developed sooner or later and nine lots are better than twelve or more. Reuben Hartman also spoke in favor of the development. Neil Weber commented that he is concerned about the community and the environment and this project should improve the wetlands. He also noted that he had two other plans, one for 16 lots and one for 13 lots, however, he did not think they were good plans for this property. Chair Meyer closed the public hearing. The concerns relating to increased traffic were discussed by the Commission. Mueller commented that the Planning Commission should be able to review the ramifications the Shoreland Management Ordinance will have on the proposed development before it goes to the City Council. MOTION made by Mueller, seconded by Clapsaddle to table the request until the City Planner can report how the 8horeland Management Ordinance will affect the proposed preliminary plat and to allow the Planning Commission the opportunity to review the reconfiguration of lots 1, Z, and 3. Motion carried $ to 3. Those in favor were Jensen, Johnson, Hanus, Clapsaddle and Mueller. Meyer, ross and Michael opposed. Voss commented that he feels the case should be moved along and that the City Planner could work out the kinks. Meyer and Michael agreed that any concerns could have been made as conditions upon approval. Koegler informed Chair Meyer that City Code Section 330:35 Subd. 8 states, "The Planning Commission shall, within thirty (30) days of the closing of the hearing, recommend approval, modify and Planning Commission Minutes November 9, 1992 recommend approval or recommend disapproval of the preliminary plat or waiver of platting and submit to the City Council their findings and recommendations. Failure to act within thirty (30) days of the closing of the hearing shall be deemed as an approval of the preliminary plat by the Planning Commission.,, Koegler will have to consult with the City Attorney to see if the Shoreland Management Ordinance will apply to this application or the Final Plat application. MOTION made by Voss to consider the previous motion to table this matter, Hanus seconded the motion. Motion carried 5 to 3. Those in favor were: Voss, Hanus, Jensen, Meyer and Michael. Mueller, Clapsaddle and Johnson opposed. It was suggested that the Planning Commission forward the preliminary plat to the City Council with a condition that the reconfiguration of the lot lines be reviewed by the Planning Commission at Final Plat application. Mueller commented that he would like the Planning Commission to understand the impacts of the Shoreland Management Ordinance to this application. Koegler confirmed that when a preliminary plat is approved you then have an agreement and if the application for Final Plat meets the requirements in the agreement the City will approve it. Koegler stated that lots 1, 2, and 3 may be severely impacted by the Shoreland Management Ordinance. MOTION made by Voss to recommend approval of the conditional use permit as recommended by staff based upon the following findings of fact: "The Planning Commission finds that the proposed Teal Pointe development represents a desirable addition to the development of the City of Mound. Due to the unique natural characteristics of the site including steep slope areas, mature tree cover and a significant wetland area, approval of the identified variances is warranted and it is appropriate to approve a conditional use permit to establish the project as a Planned Development Area." Approval is recommended subject to the concerns expressed by the City Planner, the City Engineer, Public Works Department and the Planning Commission. Motion seconded by Mueller for discussion. Mueller commented that he is in favor of the motion if it includes all his concerns relating to the streets shown as Outlots A and B cannot be used for park dedication, it addresses the issue of 9 Planning Commission M£nutes November 9, 1992 reconfiguring lots l, 2, and 3, and it addresses the concerns about how the Shoreland Management Ordinance applies to the development. Concern was expressed by other commissioners that the motion was too vague. MOTION failed 6 to 2. Those in favor were: Mueller. Those opposed were: Meyer, Clapsaddle, Hanus, Johnson, and Jensen. Voss and Michael, MOTION made by Hanus to recommend approval of the Planned Development Area for Teal Point as recommended by staff and including the following conditions: All the conditions as listed in the City Engineer and City Planner's recommendations. An agreement needs to be established with the property owners of the lots adjacent to the street extension off of Drummond Road as it was noted by the City Engineer that fill will be required to meet the required grade for Outlot &. 3. Drummond Road not be vacated. As a result of not vacating Drummond Road, lots 1, 2, and 3 will need to be reconfiqured. Due to the steep slopes and bluffs on lots l, 2, and 3, it should be verified that these lots as proposed will be buildable. Delay recording of street vacations until final plat is filed. e The concerns expressed by the public due to traffic issues be addressed. The application of the Shot.land Management Ordinance be addressed; does it apply or not? Motion seconded by Michael. Motion carried unanimously. This item will appear before the City Council on December 8, 1992. 10 --'/ .-,~, .. ~::~i,i:,~,~,~m.., . ..,,,.,:..:, Il ~, il..d li ~i ~ !t, I,i :1,,::-i I1~ !I : .. ,, ,d6,t,,.l~-,:,,:~. !, '~ " I:~ I~ ' ii I~i'':l ~:: '" ~: :' I ~1-~-, L..-~-. l l,,,,::::,,,!,,.: ,,,,,,, 11, I;: ~ i,; ,: :;:::,:::i:~ ::::::l, ill !i ! !I ..... Iti{ ,ii [iii [iii 3? Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: November 4, 1992 SUBJECT: Teal Pointe Development Proposal APPLICANT: Teal Pointe Development Co. (Neil Weber) CASE NUMBERS: 92-060, 92-061, 92-062 and 92-063 HKG FILE NUMBER: 92-37j LOCATION: Property lying immediately east of the termini of Drummond Road and Windsor Road EXISTING ZONING: Single Family Residential (R-2) COMPREHENSIVE PLAN: Residential OTHER RELATED REPORTS: City Engineer's report prepared trader separate cover. BACKGROUND: Teal Pointe is a proposed residential development located east of the existing termini of Windsor Road and Drummond Road. The site consists of a total of 4.83 acres. The property forms a peninsula that is surrounded on the east side by extensive wetlands. The center of the peninsula is approximately 35 feet lower than the elevation of the existing homes and streets to the west. The site contains scattered mature tree cover that occurs principally around the perimeter of the peninsula area. The low areas surrounding the site are designated as wetlands by both the DNR and the City of Mound. PROPOSED DEVELOPMENT PLAN: The Teal Pointe plans call for the division of the property into a total of 9 lots, 6 off of a newly constructed cul-de-sac which is an extension of Windsor Road and 3 lots off of a newly constructed dead end street at the end of Drummond Road. The lots range in size from 10,000 square feet to 15,500 square feet. The minimum lot size requirement in the R-2 district is 6,000 square feet. Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 ! I Teal Pointe Planning Report November 4, 1992 Page 2 The street system serving all of the lots is proposed as a private extension of existing public streets. Windsor Road will be extended a total of approximately 365 feet terminating in a 70 foot diameter cul-de-sac. The width of the Windsor Road extension will be 28 feet which will match the existing roadway width. A new north/south private street is proposed at the current terminus of Drummond Road. This new street extends northward approximately 80 feet and has a total width of 22 feet which matches the width of the existing pavement on Drummond. In addition to the residential lots that are shown on the plan, the plat proposes to create three outlots. Outlots ^ and B which will be owned by a homeowners association contain the two private streets that are identified above. Outlot C which is not identified on the proposed plan consists of the wetlands that surround the developable portion of the property. The developer intends to convey Outlot C to the City of Mound. In order to develop the subdivision as proposed, a number of approvals are being requested. They include approval of a Conditional Use Permit to allow the subdivision to be processed as a Planned Development Area (PDA), preliminary plat approval and a street vacation request. Variances will also be needed pertaining to cul-de-sac diameter, right-of-way width, cul-de-sac length and for dimensional aspects of one of the proposed lots. Conditional Use Permit Section 23.412 of the Mound Code of Ordinances allows properties to be developed as Planned Development Areas subject to the issuance of a Conditional Use Permit. The project qualifies as a PDA since its total land area and density fall within the ordinance thresholds. Teal Pointe is being processed as a PDA in order to provide design flexibility to accommodate the private streets and the proposed lot arrangement. Planned Development Areas are required to comply with all Mound codes and ordinances or seek variances as necessary. Variances involved in this request are discussed later in this report. Preliminary Plat Approval Teal Pointe is classified as a major subdivision. The preliminary plat drawing identifies the lot arrangement and outlots that were referenced previously in this report. One lot will require the issuance of a variance. Lot 1 has insufficient frontage on the proposed street. The lot has a total of 24 feet of frontage in lieu of the 40 feet required in the Zoning Code. This situation results in a 16 foot variance. Preliminary plats for PDA's are required to meet the zoning and subdivision criteria for streets and utilities. The proposed plan will require variances from the requirements of the Subdivision Ordinance in the following areas: Teal Pointe Planning Report November 4, 1992 Page 3 Section 330:95 Subd. 1 requires that street rights-of-way must be 50 feet in width. The proposed plan calls for streets to be located within privately owned outlots. Outlot A is only 24 feet in width. Outlot B at its narrowest portion has a width of approximately 34 feet. Section 330:95 Subd. 8 limits cul-de-sacs to a total length of 500 feet and requires a cul-de-sac radius of 50 feet. The proposed private street results in a cul-de-sac with a total length of 830 feet and an improved surface diameter of 70 feet. o Section 330:95 Subd. 11 states, "Private streets shall not be permitted nor shall public improvements be approved for any new private street unless approved by the City Council as part of a conditional use permit for an overall development plan." Street Vacation Implementation of the proposed plan requires the vacation of portions of the existing right-of-way of Windsor Road and Cobden Lane. Vacated land is to be incorporated into the residential lots as shown on the preliminary plat drawing. The street vacation request is addressed in the City Engineer's report. Park Dedication The Mound Code of Ordinances requires park dedication for lots created through the subdivision of land. Park dedication requirements are identified in Section 330:120 of the Mound Code of Ordinances. For major subdivisions, a land dedication of 10% is required or at the option of the City, the developer shall contribute a "minimum of ten percent (10%) of the total fair market value of the land being divided. In no case shall the dedication in cash be less than $500 for each lot being created." The Mound Park Commission will consider the park dedication requirements for this development at its meeting on November 12, 1992. COMMENT: Teal Pointe is being proposed as a small development of single family homes that to a certain degree, will be a neighborhood within a neighborhood. All of the homes are to be of similar design helping to create a theme for the overall development. The developer is attempting to preserve the natural amenities such as the existing tree cover and the surrounding wetland area through the location of lots and the establishment of an outlot for the wetland that will be deeded to the City of Mound. This proposal creates a number of planning and engineering issues that need to be addressed by the City. The recommendations contained within this report focus on planning issues. Grading, drainage, utility and street issues are addressed in the City Engineer's report. I Teal Pointe Planning Report November 4, 1992 Page 4 In general, the proposed development represents a positive addition to the City of Mound. Processing the proposed development as a PDA is appropriate given the unique topography and natural characteristics of the site and the desire to preserve these resources. Major issues resulting from the proposed plan involve a collection of "detail" items, virtually all of which are engineering oriented. For example, the issue of private versus public streets as well as the ownership and operation of utilities is a significant issue. This issue is thoroughly addressed in the City Engineer's report. Furthermore, the report offers specific recommendations on the preliminary plat, grading and drainage issues, street characteristics, utilities and the proposed street vacation. The recommendations offered by the City Engineer are not duplicated herein. RECOMMENDATION: Staff recommends approval of the conditional use permit to establish Teal Pointe as a Planned Development Area, approval of the preliminary plat, approval of all applicable variances and approval of the street vacation subject to the following conditions as well as the conditions found in the City Engineer's report dated November 4, 1992. The wetland area identified on the preliminary plat shall be designated as Outlot C and shall be deeded to the City of Mound. Dedication of the wetland area shall not be counted as a credit against park dedication requirements as specified in the Mound Code of Ordinances. Approvals by the City of Mound shall be conditioned on the applicant securing all required permits from the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources and all other applicable agencies. o All lots shall be required to observe the front, side and rear yard structural setbacks as shown on the approved preliminary plat. o Park dedication requirements shall be in conformance with the recommendations of the Mound Park Commission. If the Planning Commission concurs with the Staff recommendations, it is further suggested that the following finding of fact be adopted. "The Planning Commission finds that the proposed Teal Pointe development represents a desirable addition to the development of the City of Mound. Due to the unique natural characteristics of the site including steep slope areas, mature tree cover and a significant wetland area, approval of the identified variances is warranted and it is appropriate to approve a conditional use permit to establish the project as a Planned Development Area." McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North. Plymouth, Minnesota 55447 November 4, 1992 Telephone 612/476-6010 612,,/476-8532 FAX Engineers Planners Surveyors Mr. Jon Sutherland Planning and Zoning City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota Teal Pointe Preliminary Plat Case #92-060, 061, 062, 063 MFRA #7469 Dear Jon: As requested, we have reviewed the subject preliminary plat, including related conditional use, variance and street vacation requests, and have the following comments and recommendations: Preliminary Plat Wetlands - there is a large area shown on the plat below the Ordinary High Water (OHW) elevation of 929.4 which is not identified for future ownership. We understand that it is the Developer's intention to dedicate this area to the City which, if the case, it should be platted as an outlot. The plat boundary shown on the centerline of Drummond Road needs to be relocated to the north right-of-way line, because this street cannot be vacated. Refer to additional comments under Street Vacation. Drainage and utility easements should be required along all lot lines. A larger easement will be needed for the storm sewer and detention pond. Grading and Drainage The proposed grading shows some filling of private property (Lots and 2, Block 17, Whipple) not included in the plat. Some type of easement or agreement will be required. The proposed slope on Outlot B at approximately Station 1+25, is too steep (2:1). The maximum allowed is 2-1/2:1, with 3:1 preferred, which allows for easier maintenance. Sections 330:40, Subdivision 4F requires that the preliminary plat show the type of housing unit to be placed on lots that exceed ten (10) percent slopes. This requirement will definitely affect Lots through 4 and could include Lots 5, 8 and 9. An Equal Opportundy Employer Mr. Jori Sutherland November 4, 1992 Page Two Streets The application is for private streets to serve both the three (3) lots off Drummond Road and the six (6) lots at the end of Windsor Road. Section 330:100, Subdivision 11 states that the private streets be approved as part of the Conditional Use Permit required by a Planned Development Area (PDA). The City's design standards require a 50-foot right-of-way with a 28-foot wide street, measured from back of 'curb to back of curb. 0utlot A, which is set aside for the private street from Dm,mmond Road, is shown at 24 feet wide, which would only accommodate a street of 22 feet. Drummond Road in this area was constructed by the City in 1979 to a width of 22 feet, due to topography limitations and lack of sufficient right-of-way and/or construction easements. The extension of Windsor Road is also proposed to be private. This construction would meet the City's standard for a 28' street, except for the diameter of the proposed cul-de-sac. City standards require lO0-foot diameter right-of-way, with 80 feet improved. The proposal is for a 70-foot diameter cul-de-sac, which will require a variance. Public Works will need to further address the question of private streets versus public. I do not see an appropriate dividing line between the two, especially on Windsor Road. The developer has stated that they (the Homeowners' Association) would furnish an area for snow storage, but the City still needs some way to turn their plows around on an 8% grade, without going all the way into the cul-de-sac. It appears to me that a public street for the extension of Windsor Road would be much better for both the future residents and the City. Utilities Watermain - proposed to be a public main as required by staff. Minimum size allowed will be 6". Sanitary Sewer - the plat documents propose a private sanitary sewer system. The three homes on Lots 1, 2 and 3 at the end of Drummond Road would each have a private lift station, with the forcemains connected together allowing one discharge into the City's sanitary sewer system. The remaining six (6) lots would be served by one lift station with a forcemain extended approximately 230 feet westerly to the only available City manhole. Most of this private forcemain would be located under a public road in public right-of-way. Public Works will further comment on the proposal for private sewer. Mr. Jon Sutherland November 4, 1992 Page Three Storm Sewer - more detailed plans and stormwater calculations will be required at the time of final plat submission. As stated in Mr. Weber's letter of October 30, catchbasins will collect the street runoff and then discharge to a detention/sedimentation pond. Final plans for this system will need approval of the Minnehaha Creek Watershed District. If the extension of Windsor Road ends up to be a private road, then this storm sewer system would also be private. This brings up the question of maintenance of the system. The City is already equipped to clean and maintain catchbasins and sumps, whereas the Homeowner's Association would have to contract this out. We are concerned that, if this system is not properly maintained, the detention pond could silt in and become disfunctional. Street Vacation The proposed vacation of a portion of Drummond Road as shown on the preliminary plat documents should not be included, because it would result in reducing the right-of-way in front of Lots 1 and 2, Block 14 to 15 feet. This proposed vacation was not included in the descriptions accompanying the vacation application, but did show up on the preliminary plat. The remaining proposed street vacations ask for only half the street to be vacated, leaving 15 feet which would serve no purpose to the City. I would recommend that the entire 30-foot width be vacated, with the City retaining a 20-foot drainage and utility easement centered on the vacated right-of-way. The vacation of Cobden Lane directly at the end of Windsor Road will be contingent on whether the extension of Windsor Road is dedicated as a public road or kept private. The resolution vacating said streets should not be recorded until the final plat is ready to be filed. This way, the City would not loose dedicated right-of-way should the project not proceed. Conclusions and Recommendations We see this proposed preliminary plat as a very desirable use of this vacant property. The only major obstacle we see that needs to be worked out is the question of private street and utilities versus public. From a maintenance perspective, it appears that public ownership makes more sense, because the City is already in that business. The major problems we see are snow plowing and maintenance of the streets and storm sewer system. It may be possible, even though we have not seen this done, to have everything public except the sanitary sewer. We are recommending approval of the preliminary plat, subject to the following conditions: Mr. Jon Sutherland November 4, 1992 Page Four Preliminary Plat Revise preliminary plat to show outlot for wetlands and correct boundary to exclude the D~,mmond Road right-of-way. Grading and Drainage Furnish documentation allowing fill to be placed on adjacent private property. 2. Adjust slope in fill area to maximum slope of 2-1/2:1. Provide housing type for lots exceeding 10% slope. Streets Construct Windsor Road as a public street to City standards, except for the cul-de-sac which could be reduced by variance to 70 feet diameter. Variances would also be required if the right-of-way is less then required by code. Allow private driveway in Outlot A to be constructed to 22 feet wide with concrete curb and gutter. Utilities 1. Public 6" watermain. Sanitary sewer and lift station in Windsor Road to be private. Homes on Lots 1, 2 and B to be serviced by private individual lift pumps. If the street improvements in Windsor Road are public, then all the storm sewer would also be public. More detailed plans of the entire system to be furnished at final plat submission. Review by Minnehaha Creek Watershed District. Street Vacation 1. Recommend street vacation except for Drummond Road. Vacate full BO-foot right-of-way, retaining 20 foot drainage and utility easements. Delay recording of street vacations until final plat is filed. Mr. Jon Sutherland November 4, 1992 Page Five us. JC:jmk If you have any questions or need additional information, please contact Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron CITY of MOUND November 5, 1992 To: From: Subject: Planning Commission Oreg Skinner & Oeno Hoff Public Works Teal Pointe Addition We have reviewed the plans and written narrative from Mr. Neil Weber on Teal Pointe and have listed our concerns below. PRIVATE ROAD When we first reviewed the plans we noticed that if this was going to be a private road the City snow plow was going to have a problem dumping the snow at the end of the City Street. This was brought to Mr. Webers attention and is now making arrangements for an easement at the end of the City Street to dump the snow. This creates a couple of new problems. 1) The easement area that is proposed is on an 8% grade that will cause problems backing up and turning around. STORM S~ER AND DRAINAOE Windsor Road is 350' long by 30' wide with 300' of the road draining to the east. Runoff from the street, right-away , and private property will all be headed for a private road. Our concern is what will happen if they do not maintain and keep the catch basins open at the end of private street. What happens when there is a problem with the storm sewer such as a plugged catch basin or a sump basin fills up and the water spills over the curb onto private property. With this being a private road we feel the Home Owner's Association will take one look up the hill and say half the debris and water is coming form the City Street and will want help maintaining the storm sewer and will also want the City to pay for Half the damages. prmted on recycled paper ¥7 WATER MAIN AND SERVICE LINKS With Mr. Weber requesting that the road be private the City will need easements for the following. 1) The 6" watermain (approximately 260') 2) Easement for the 6 water services that run to each lot, lots 6,7,8 & possibly lot 9 would be tapped in the cul-de-sac. This would mean just about all of the cul-de-sac would have easements for the water services and the 6" watermain. 3) The City would also need an easement (approximately 60') for part of the 6" main that runs east of the Cobden Rd. 4) Easements will be required for lots 4 & 5 for water services. SEWER LINES AND LIFT STATIONS In Mr. Weber narrative he states that a private sewer system is important to the success of the project. I fail to see this as a make or break situation for this project. Maintaining a private sewer system of this size requires considerable amount of time and expense. 1) The cost of equipment to clean and unplug sewer line. I would doubt that the home owners Association would have this equipment. Therefore they would have to hire out for this. 2) The operation and maintenance for the lift station will require that there be a person with a Class S-D certificate from the Mn. Pollution Control Agency. 3) Cost to operate the lift station should be based on a yearly flow of 900,000 gallons of sewage. 4) A sewer flow meter will be needed to track flows, this will allow the City of determine if any inflow/infiltration exists. 5) Provisions for standby power for pumping during power outages. This requires a generator with receptacle on lift station or a pumping company with pump truck. I would suggest a check valve on each service. It is Public Works recommendation that the Road and Utilites be public not private. Application for M~IOR SUBDIVISION OF LAND 0it¥ of Mound 5341 Naywood Road~ Mound~ MN 55364 Phone: 472-0600~ Fax: 472-0620 Planning Commission Date: ~_~-gL City Council Date: ~ Site Visit Scheduled: Case No. Sketch Plan Review: ~'-Preliminary Plat: Final Plat: ----~Escrow Deposit:. OOT I 2199~ $150.00 $150.00 $100.00 $1,000.00 Zoning Sheet Completed: Copy to City Planner:~~~ Deficient Unit Charges? Copy to Public Works:~~'~. Delinquent Taxes? Copy to City Engineer: Other: VARIANCE REQUIRED? Please type or print the following information: Address ofSubjectProperty ~ ~ _~]~,~1~. ~ ~h~~ Owner'sName ~ ,~~ D.~~~ ~)' Day Phonej~~~~J pp~cant'.s Name (~f oth,~ ~h,~.owner) ga Add:ress~ Name of Surveyor: Nameof Engineer: EXISTING LEGAL DESCRIPTION: Addition Zoning District Day P hone~__~~ Day Phone 410' _~4[ Day Phone 47~/* ~41 Block PID No. Use of Property: PROPOSEDPLATNAME: Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. This application must be signed by all owners of the subject property, or an explanation given~why this is not the case. ,i~naturec' .... 6'~' ~wne'r "~y., I2011~ sig~h~t~u%re%- Aer r ~~~ ~1 ~Date ' ~~ ]Date~~ NElL WEBER AR C;HIT E C; T / PLANNER TABLE OF CONTENTS INTRODUCTION WRITTEN STATEMENT OF PLANNED DEVELOPMENT AREA Site Area Tabulation SITE ANALYSIS 2. 3. 4. 6. 7. 8. 9. 10. 11. Site Location Map Water Run-Off Slope Analysis/Wind Currents Vegetation Coverage Spacial Analysis Existing Conditions Climate Climate Sketch Plan (Mound approved July 6, 1992) Preliminary Plat Road Profile -1- A. INTRODUCTION This application is a continuation of a process that was started in December of 1984. The concepts presented are simply a continuation of what was developed at that time. We have revised the plans to balance the lot sizes and provide the flexibility to more fully protect the uniqueness and beauty of the site. We have met with Mound Staff and Consultants a number of times to insure that we meet or exceed the standards expected by the city. We have also meet with gas, telephone and electric representatives to make sure that all utilities can and will be installed underground. The access drive further allows us to preserve the uniqueness of the site. Again this has not changed since the city supported the concept in 1984. The streets have been vacated which was the first step in allowing the development to proceed with the concept as presented. This is in fact a similar approach to what Jonathan has used in its development in the City of Chaska. The following list illustrates the actions that the city has already taken to insure that this project be completed. Support of Development Concept The site concept which divided the site into 9 lots with. a street, access system was present and supported in 1984. A. Mound Planning Commission support 12/10/84 B. Mound Council support 12/26/84 Street Vacation Because the concept was supported the vaction of streets between the properties was completed. A. Mound Planning Commission support 4/8/85 B. Mound Council support 5/14/85 Conveyance of Tax Forfeit Propert~ Because of the support of the development concept the city supported the conveyance of tax forfeit property to make the project more complete and of better quality. A. Mound Council approval 6/11/85 Approval of New Development Concept Plan A. Mound Planning Commission Sketch Plan Approval 7/8/91 -2- B. WRITTEN STATMENT OF PROJECT The Teal Pointe Development Co. is pleased to present for your approval, a plan for the development of single family homes on the property located at the end of Windsor and Drummond Roads in Mound. We have analyzed the site according to environmental and physical conditions that are illustrated in the following diagrams. We feel thBt it is important to maintain the single family nature of the neighborhood. Therefore, we are proposing to subdivide the land into nine single family lots. We feel it is important that these sites be developed as a unified Whole rather than individual sites with homes of rather questionable design character. The intent, therefore, is to have a development of nine homes all designed by one person, being built to give a feeling of oneness. I feel this is.a very important characteristic which should be encouraged. It will be a unified community which will add to the value of the neighborhood. The area is currently zoned R2 and there is no intention to change that zoning. Again, I want to emphasize that we are developing single family homes. The plan calls for nine lots to be developed on the property. If you count the area above the 929.5 elevation, it is important to note that each lot would average over 10,000 square feet. It is important for the protection of each of the individual lot owners as well as to the surrounding area that these areas be protected now and in the future. I can not emphasize enough the characteristics that I feel developments like this can be shown to be a real plus to the neighborhood by careful and thoughtful design work. The homes in this area would probably range in the $150,000 to $200,000 price range as a base price. I feel that this is an appropriate value for homes in this area because of the uniqueness of the site and the beauty of the surrounding Lake Minnetonka area. The lots will not be sold to seperate builders but rather will be developed by one entity to insure to total quality of design. Ail the home will be designed by Neil Weber, Architect to further insure the total "community" feel of this development. We would like to make this a project by which others could be measured. SITE TABULATION Total Lane Area of Existing Site 210,396 Square feet 4.83 A. LOT SITE 1. 11,000 SF 2. 10,000 SF 3. 10,300 SF 4. 14,300 SF 5. 12,700 SF 6. 15,500 SF 7. 10,100 SF 8. 15,200 SF 9. 15,100 SF OUTLOT A OUTLOT B TOTAL PROJECT AREA 1,900 SF 22,100 SF 114,200 square feel Total Lot Area (12,688 square feet Average) AREA DEDICATED TO CITY OF MOUND Note: 138,200 SF (3.17 acres) 72,196 Square Feet (1.65 acres) This is a 34% dedication of land of the original property area. C. SITE ANALYSIS Critical in the production of a plan is a careful site analysis. We have found over a period of time that this site analysis can be done in two different ways. First, one may search rather ~imlessly, forgetting the use to which the area is to be put, looking only at the site itself, and watching for interesting features and revealing clues. This type of unsystematic, almost subconscious, reconnaissance often produces information or connections that would otherwise be missed. It is usually natural evolution, its former use and associations. Must of the flavor and structure of a place, as well as the present direction of change, is thereby revealed. Second, a more systematic survey can be undertake, guided by the purposes to be served. Each piece of ground should now be tested for the suitability for that purpose. Since the data that could be gathered is later influence the design in some significant way. Some types of information are almost always required, such as the topography, climatic data, and the survey of land use and circulation. The following categories illustrate this survey and the information gathered by it. Once the information is assembled, it can be put into a concise, usable form. It will then be brought to a final point -- a graphic and written statement describing the essential nature of the site for the purpose at hand. The principal problems raised by the location are set down, as well as the basic potentialities and values. This is the basis on which the design is developed. Site analysis is not a self-contained step that must be completed before the design begins. First thoughts on design accompany and guide the original reconnaissance, and analysis continues as long as the design is being created. The image of the site guides the design. It does not dictate the design, nor will there by any unique best solution mystically latent in the site, waiting to be uncovered. The plan develops from the creative effort of the designer, but is must respond to the site and not disregard it. We are looking for the best possible use of this site in regard to developing single family homes. The following characteristics help influence our plan, and will result in a site plan that is conducive to what the people of Mound would accept and view as a good development for their community. -5- 1. Site Location Map The Site Location Map indicates where the part$cular site is located within Mound. The site is located in the central portion of the western end of Lake Minnetonka, basically in the heart of the western lakes area. The site is located in a R2 zoning area where many of the lots are at.the minimum 6,000 square feet per dwelling unit. A couple of blocks away a commercial use A1 and Alma's Restaurant is located. The site is basically located at the dead ends of Drummond Road and Windsor Road. The site is surrounded on three sides by a deep wetlands area which is connected to Lake Minnetonka, Phelps Bay, by a channel and can be navigated by boat. The site is isolated from traffic because of these conditions. The site is surrounded by homes that range in value from $75,000 to $200,000. A short distance to the south are homes that approach the $250,000 Value. 2. Water Run-Off The site is quite varied in its topography and the water run-off patterns are quite distinct on the property. While the property is lower t'han the surrounding street areas, it is still significantly higher than the wetland areas that surround it. Drawing 2 indicates the direction of the run-off. The design of the sub-division should reflect the fact that run-off patterns will not be changed under the new plan and, if fact, should not be altered. In some cases the speed of the run-off should be slowed down through various landscaping means. There has been no attempt to control the run-off conditions in the past in this area, resulting in some damage to the slough area. It is, therefore, intended that the current problems.be reduced in the future. We have discussed this with Mound Staff. 3. Slope Analysis/Wind Current Slopes help to find spacial relationships within the site. More intense slopes have to be dealt with in different ways than shallow slopes. Slopes determine whether the units will be walk-out or flat. The existing topography is important to understand because any development that we would propose would be done within the intention of minimizing the amount of earth that needs to be moved. In so doing, the impact on the site would be reduced. There are some areas that are quite flat and others that are quite steep. Diagram 3 indicates the slopes that exist on the site, as well as the direction of the summer and winter winds. One advantage with the winter winds is that most of the site is protected on the northwest corner by higher ground, and most df the winter winds would go over the site helping to protect and insulate the site. The southeast summer winds would have more of an access to the site because of it coming up across the water, which is of course, lower than the site. -6- Vegetation Coverage Most of the vegetation on the site exists around the edges. The site has been cleared of most of the dead and dying trees. There are no elms left on the site. In addition to the removal of the dead trees, a number of trees have been thinned out to help stregthen the growth of the existing trees. The center of the site has only a few major trees located as illustrated on Drawing 4. The basic type of vegetation on the site includes read oaks, sugar maple, lindens, birch, some pin oak and a lot of ingleboom ivy. It is the intent of the proposed development to retain as much as possible of the existing vegetation and tree growth. This is one of the great assets of the site and there is no intention to remove any of the trees that are not absolutely necessary for the benefit of the whole site. A final location of dwelling units on this site will be determined by the careful analysis of the existing tree locations. The drip line of existing trees must be treated carefully to assure the saving of each tree. Spacial Analysis A landscape is typically seen from a rather limited set of viewpoints. The lines of a site from a critical fixed or moving point should be analyzed carefully. The essentially visual criterion of this site design is that is would exhibit a rhythmic pattern throughout the site and coherent succession of spaces, textures, or objects in which each part relates harmoniously to the next, but which makes a constant play of variation from the basic them. If there is a chain of spaces they should seem to be part of any extended whole. Thus, the early step in the site planning process is to develop a spacial formm and analyze its visual consequences when seen in sequence. Spaces should be seen and considered as a total pattern, not seen as a flat plan from the air, but as a progression through space which one moves. Continuity develops the important transitions. The joints between the house and ground, between the house and its corners, gateways between open space~,a nd the upper edge of objects, these factors should be looked at now and developed as the plan develops. A good site plan is basically straight formward and while being highly refined at certain critical points, it is often coarse in its overall form. The spa¢ial analysis is a critical tool in the development of the site plan. Hard edges are formed where basically you can not see through with any kind of a vista. Soft edges are edges of vegetation which create somewhat of a visual barrier but do not totally stop any visual penetration. The vistas are imporfant considerations when looking at sittings of homes, sice the vista is a very critical element from a home, especially on a site of this nature surrounded by such beauty. -7- 6. Existing Conditions Drawing 6 exhibits the existing conditions on this site. Spot elevations and topography give you an example of how the topography varies on this site. Included are loci%Ions of major trees and the marsh grass which exists around the water line. The elevat:on 929.5, wh:ch is the normal high water mark of Lake M~nnetonka, is illustrated, in addition to the 'elevation of 932.5, which is the lowest elevation of that allowed for a living floor adjacent to Lake M~nne%onka. As stated earlier, the zoning is R2 in the area. The site is loci%ed at the dead ends of Drummond and Windsor Roads. Directly ad3acent homes are shown on the exhibit as well. 7 & 8. Climate Any climate is complex and is usually variable. A site planner must be concerned particularly w~th the d~s%ribution of air' tempera%ute, relative humidity, wind direction and force, broken down by month and season. These are fundamental data for determining the effect of temperature in its' relationship to the comfort zone. In addition, consideration of maximum intensities of rain indicate the need for overhead shelter'and requirements for adequate drainage. Finally, the hours of sunshine, wind direction, and elevation of the sun indicate measures that must be taken to invite or ward off solar radiation. -' The chart shows that the outdoor temperatures are frequently above'the comfort zone in July and August, and most useful cooling winds are from the southwest. A general analysis coupled with a study of the ways in which local buildings and the habits of life are already adjusted to climate, furnish the first clues for the choice of arrangement on the site. Each individual smte as indicated on the plan would be analyzed, especially fo~ wlnd dmrection and sun access, to take best advantage of these conditmcns. Diagrams 9 through 12 are showing photographs to and from the site from various points of view. Each photo is labeled and should give you a fee!mng for the kind of topography, vegetatmon, and views that exist. The smte ms very unique and beautiful. It is very unlike the image that is normally g~ven to properties on the island in Mound. ! think that the marketing will take advantage of thi~ and will exploit the fact that this is a very unmque site,.with beautiful surroundings, and that once you are on the smte you are aware o~ the beautiful natural environment so unique to hake Minnetonka. .'% $$ ! i 30 October 1992 RECEIVED I lOV 2 1992 PRELIMINARY pLAT AMENDMENT OF WRITI'EN NARRATIVE TO TEALE POINTE John Cameron has asked that I clarify some points on the preliminary plat for Teal Pointe. I have talked to Greg Skinner andi~o'Hoff of the street and utility department. I will itemize the issues discussed and I will be prepared to further discuss them at the planning commission and council meetings. WATER LINE The City wants and we will provide on the final plat a 20' easement (10' each side of the water line) for the line. We will do this. SEWER LINE~ I understand that the City is not enthused about the private sewer lines. This concept is important to the success of the project. I have attached a copy of the proposed lift station which meets all state requirements for private lift stations. The home owners association documents to be completed with the final plat will provide for proper maintenance of the sewer system for the life of the project. The lower 6 lots will slope by gravity to the lift station. The single force main will then be connected to the city system. It is a single process and relieves the city from concerns. The upper 3 lots will provide each their own lift stations. There will be a line from each home which will join together before entering the city's ma)tn hole. This will mean that there will be only one connection. PRIVATE ROAD The private road was also always part of the concept of the project. It is extremely important to understand that we are proposing a high quality project which is a community unto itself. The roadway which will meet City standards will be private so that the owners may control maintenance and the environment around the street. The road will match the width of Windsor Road. It will have concrete curb and gutter and be of the same profile as Windsor Road. We are asking no variance from this. We are asking that the cul-de-sac be 70' in diameter. Staff has indicated that this dimension has been accepted in the past by the City. We feel that it is important as an attempt to maintain the beauty on the site. A wider width will cause more loss of vegetation and lower the quality of the project. TEALEPTE.D(X: &O The driveways from the curbs to the garages will be asphalt. The finished project will not have dry gravel drives. STORM WATER Although it may not be clear on the preliminary plat, it is the intention to collect the storm water by catch basins to holding ponds which will have skimmers. This is much more than the City provides now at this location. The City allows run-off without controls. Details of the skimmer structure will be submitted to City staff prior to construction. STREET VACATION Staff has indicated that the vacation of Drummond at the 2 lots at the end of the road can not be done. I understand and agree with this. SNOW PLOWING Because the road to the development is a private road, the association will maintain the plowing of snow on the project. We have agreed and it will be shown on the final plat, that the City have an easement to store snow plowed by the City on our outlot. We are interested in ex)operating with the City to in fact be able to improve the street service of the existing neighbors. We will incorporate this concept in the association documents. HOME CONSTRUCTION As stated earlier we are talking about a high quality development where homes built will improve the neighborhood. All homes will be built in such a way to insure that the land and environment is protected. I will present concepts of the homes at the planning commission and council meetings which will show what type of homes they are to be. It will also show how construction on the steeper slopes will be done to both help stabilize the slope and control run-off and erosion. The quality of this project depends on the preservation of the trees and the site. Everything we do will be orientated toward that end. Again, this private development is intended to take a piece of difficult but beautiful property and develop it in such a way that Mound would be proud. It depends on the public/private type partnership which helps both parties. We will cooperate with the City and we ask that the City work with us. 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Automatic alternation of pump each 8 hours equalizes running time on pumps. · Maintenance--The large fiberglass hood opens completely for easier, faster routine maintenance and service. All station components are positioned for easy access. All controls are clearly labeled for operator convenience. · Design--The Wet Well Mounted Pump Station's Iow profile design, modern appearance and Iow noise level allows installation near buildings, in parks and similar locations. The Smith & Loveless Wet Well Mounted Pump Station is backed by the best single source warranty in the industry. Vacuum Pumps--Dual vacuum pumps and complete duplex priming system allow the use of higher efficiency pumps while maintaining the complete reliability necessary in a pump station application. Vacuum pumps are mounted for easy inspection and routine maintenance. Check Valves-- Spring-loaded, external-arm, non-slamming check valves are specifically de- signed for this application. Exter- hal-arm design allows manual op- eration to back-flush pump vo- lute and intake piping. Standard Wet Well Mounted Pump Station has check valves immediately below base plate for protection against freezing. Model "S" unit mounts check valves and pump volutes above base plate for ap- plications where regulations require this configuration. Fiberglass Hood -- Specially designed fiberglass hood provides protection for the wet well mounted pump station while providing complete access for service and maintenance. The hood includes ventilation louvers, opening handle, and hasp for padlock. All hardware is corrosion proof. Ventilation -- Heating-- High capacity, Iow noise level squirrel-cage blowers are used to dissipate heat produced by the motors. A thermostatically controlled electric heater is provided for cold weather protection. In extremely cold weather, special hood insulation and a larger heater can be provided. )S Control Heater :ilation syste -- Vacuum pump sensing [ y cover Manway cover ~ Check Discharge plug -- Flexible coupling Discharge piping ~ (not by S&L) Displacement switch piping (not by S&L) STANDARD MODEL NEW VARIATIONS ON THE PROVEN WET WELL MOUNTED PUMP STATION DESIGN Recessed Wet Well Mounted Pump Station -- A recessed wet well mounted pump station is installed directly on the pre-cast reinforced concrete wet well as shown in the drawing at the left. This creates an easily accessable steel chamber into which the wet well mounted pump station is installed. A special wide-opening fiberglass lid, sealed wet well interface, sepa- rate access to wet well and environmental system prevent build-up of corrosive gases. Turbo Pump Wet Well Mounted Pump Station -- The Smith & Loveless turbo pump is designed for Iow flow, high clogging risk applications, such as hospitals, correction institutions, mobile home parks, resorts, and various industrial applications. Often in these types of installations the standard 4" non-clog sewage pump is not applicable because of the Iow flows. The S&L turbo pump has a specially designed recessed open impeller. Because the wastewater does not §o through the impeller, the turbo pump will pass any solid that will pass throurh the suction lines, even at extremely Iow flows. The S&L turbo pump has capacities of 50 GPM to 300 GPM with 4" piping and 50 GPM to 500 GPM with 6" piping. The turbo pump was designed specifically for the wet well mounted pump station configuration. OPERATION OF THE SMITH & LOVELESS WET WELL MOUNTED PUMP STATION When the wastewater level rises in the wet well sufficiently to tilt the Iow level "on" displacement switch, the vacuum pump connected to the lead pump will ac- tivate and prime the lead pump. When the wastewater level in the lead pump reaches the level sensing probe, the vacuum pump shuts off and the lead pump will immediately start. This pump will remain primed from cycle to cycle. If the in- flow to the wet well is greater than the capacity of the lead pump, th~ wet well level will continue to rise until the high level "on" displacement switch is tilted. This will activate the standby vacuum system and prime the standby pump. When priming is complete, the standby vacuum pump will shut off and the standby pump will immediately start. The standby pump also will remain primed from cycle to cycle. The wastewater is drawn up through the suction pipe to the cen- trifugal pump, pumped out through the discharge pipe, check valve and plug valve into the force main. The pumps decrease the wet well level until the pump Iow level "off" displacement switch tilts and shuts off both pumps. The pumps remain primed and the vacuum pump will not come on unless the liquid level has fallen below the level sensing probe, and the Iow level "on" displacement switch is tilted. TESTING Each wet well mounted pump station is rigorously tested on a specially designed .test stand before delivery to the job site. The test stand accurately simulates design field conditions to allow checks of impeller trim, motor and pump efficiencies, voltage draws, all controls and auxiliary equipment. Only as complete a testing schedule as this can assure the quality and performance of each station delivered. MAINTENANCE All wet well mounted pump station components are located for fast routine main- tenance. The full opening fiberglass hood, as well as the manway access door, are equipped with hasps for padlocks to prevent vandalism. Wet well mounted pump sta- tions are equipped with hoist support arm to allow fast pump/seal service and mainte- nance. Impellers are keyed to a tapered shaft for easy removal. Seal replacement can be completed in less than one hour. Smith & Loveless D sk)n Main Plant: 14040 Santa Fe Trail Lenexa, KS 66215 (913) 888-5201 Printed in USA. I revised S/S/92 Application for CONDITIONAL USE PERMIT - D. City of Mound $341 Maywood Road, Mound, MN 55364 Phone: 4?2-0600, Fax: 4?2-0620 Planning Co~lssion c,ty counc,l Copy to City ~ngineer: Copy to Public Ot he r = Case No. Conditional Uae Permit Fee= ~;290.00 Zoning Sheet Completed: Please type or print the following lnforuation: Address of Subject Property Applicant'. ,~e (if other than owner) ~e of ~urveyor: /~mt ~ ~ ~ ~l/f~ Day Phone LEG~ DESCRIPTION OF SUBJE~ PROPERTY: Addition PID No. Name of Proposed Use az Listed in the Zoning Code: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, llght, smoke/odor, perking, end describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable~uarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ Number of Structures: ~ Number of Dwelling Units Per Structure: ] Lot Area Per Dwelling Unit: sq ft Total Lot Area: ag ft Naa an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~ no. If yes, list date(s) of application, action taken, resolution number(e} and provide ~opies of resolutions. APPLICATION TO VACATE CITY OF MOUND 5341 Maywood Road Mound, MN 55364 472-0600, fax: 472-0620 06-ri 12 1992. Case No. ~~~_~ Date Filed Application Fee: $150 Legal description of property owned by applicant: _ _ _~[~ Addition PID No. Street or "..ement to be Vacated: Reason for Request & interest in Property: Is there a public need for the right-of-way to be retained for a public purpose? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's Signature ~.~ ~/~ Date(.~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ FOR OFFICE USE ONLY Recommendations from Utilities: NSP Minnegasco GTE Recommendations from City Depts.: Public Works Fire Chief Engineer Police Chief Other I I revised 4/2/92 VARIANCE APPLICATION CITY OF MOUND 5341 Naywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date:~ City Council Date: Site Visit Scheduled: Application Fee: $50.00 Case No . ~-0~3 Zoning Sheet Completed: Copy to City Planner: ~ ~d~Z copy to Public Works: '-.~ - Copy ~o. City EngineerI Please type or print the following information: Address of Subject Property Owner's Address ~0 ~~ /~, U,, ~ Applicant's Name (if other than owner) ~ ~~ Addres~ Day Phone LEGAL ....... ' ! ~' -~-'~ ~:~ DESCRIPTION: Block Addition -- PID No. Zoning District ~ Use of Property: Has an application ever been made for zoning, variance, permit, or other zoning procedure for this yes, list date(s) of application, provide copies of resolutions. conditional use property? ( ) yes, ~) no. If action taken, resolution nu~b%r(s) and 1. Detailed descripton of proposed con~tr_uc_tio]~ _or alteration (si~e., number of stories, type of use, etc.): ~ ~ ~~ ~ ~~ ~j~ rev~ed 4/2/92 Variance Application .Page 2 Case No. 2. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.) SETBACKS: required requested VARIANCE ~ ~ ~ ~~ ~or~ing) Front Yard: I N S E W l~?~~~ft. ft. ft. Rear Yard: N S E W ft. ft. ft. Lake Front: ( N S E W ) ~ ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Lot Size: sq ft sq ft sq ft Street Frontage ft. ft. ft. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~), No ( ). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) existing ( ) too shallow ( ) shape (X) other: specify Please describe: ~ ~ ~~ ~~~ ~ ~ Se Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~. If yes, explain revised 4/2/92 Variance Application Page 3 Case No. Was the hardship created by any other man-made change, such as the relocation of a road? Yes ~, No (). If yes, explain ~ ~ e Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes .~., No (). If no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. t~v~- or- ~ _~,~ or-- 4o'_(v0~oo-~. ~ ....... i I ! cml oF I I : ,OUT~OT.A ' ..J . I Z I ,1 o/ il/ 0 0 0 0 Curlcx l lankcts Now you can prevent erosion, assist in germination and protect eeedlings with AMXCO Curlex Blankets, Curlex Blankets combine a dense mat of curled and seasoned Aspen wood excelsior with a tough, photo- degradable plastic mesh. They are designed to halt erosion and will remain in place on even the roughest terrain. Hi-Velocity Curlex Blankets ere spe- cially made for use in situations of high-velocity water flow on slopes and in ditches. Curlex Blankets provide the ideal ground conditions for fast turf de- velopment. When properly inslalled. they retain moisture, control surface A SHOCK ABSORPTION VEGETATION I)ENETRATION lemperature fluctuations of the soil, The dense mat or curlex f~t.)er~ end tt~getat;O~ gm~'l~l; thro~h the cur/e;( conform tO the terrain, protect against plastic nerfmg arrests ~he destructive ~ rnattJng he~p~ ancho~ the met In sun burnout and break up rain drops ~~~~~~r ~t~r~!~-~].'~ instruction, are clear so that inexperienced labor can apply Curlex Blankets. Uses and Application Curlex Excelsior Blankets are designed to prevent erosion on: · Steep slopes · Berms · Median strips · Mine tailing sites · Oitches · Strip mine sites · Ski slope, · Dam sites · Dikes · Landscape projects or any other "hard to hold" problem area. ~IoE~ ~ VlEfW~ of Curlex Blanket (left) and HI.Velocity Cutex Blanket. ,. ~ ~: ........ ~; ~1~- .L. J£_ L ................ = ,. = _ , ,_ __ _~_--I_-~_,-~_~_._._---~i ........ ~_.~ ........ Curlex Blankets The E~celsior Curlex Blanket Is a machine- produced met of curle~ wood excelsior gl 80% $,x.inch or longer fiber length. It hal, a cor~l~- tent thickness, with the f~ber evenly d~stdb~t- ed over lhe entire area of the blankel. 'rhe lop side of each blanket ts covered wllh · pho- todegreclable extrucled plaslic mesh. The ke! is smolder.res;stent without the u~ chemical additives. Installation InslructlonS Pcoperl¥ prepare, fertilize and ~aed area to be covered before blanket is applied. When blanket Is unrolled, nailing should be o~ top end fibers in contact with the $oil over Ihe ertl;re area. In ditches, apply blankets in the direction the'water flows, b~Iting them al the ends and sides and then stapling On slopes, apply blankets eilher horizontally or vert;cally Io slope, butt ends and sides and than staple I1 is not.necessary Io dig check slots, anchor dtlches or bury ends 0f blankets unless callecl for in design ,~pecillcalions. ROLL SIZE Width ...... -. ;. i ...... 48 in. (+/- 1 in.) Length .................. 180 h. average Weight Per Roll ........ 78 lbs. (+/- 10%) Square Yards Per Roll ... ...... 80 average /O Stapling Instructions AMXCO Curlex alenket~ Use wire ~'tsples, ,0~1" in diam~er ~ greater, "U" ~h~ ~h ~gs 8' in b~lh and a 1' ~. Si~ and gau~ ~ Itaples ~ed ~11 ~ with ~1 ~dll~ns. ~in~ b ~ple a~ng ~ ~ ~ples in the ~nter ~ each b~n~ ~uld ~ a~e~ lpac~ ~n ~ch I Hi-Velocity Curlex Blankets Designed to control erosion in areas of high- velocity water runoff, the Excelsior Hi-Velqcity CuHex Blanket is · machine-produced mat O( curled wood excelsior of 80% six-inch or longer fiber length, with consistent thickness and fiber evenly distributed over its entire area. Each side is covered with black, extra heavy. duty extruded plastIc mesh netting designed lo last for yearJ and reinforce the root sy~lem after the excelsior mat h~s decomposed. They ~re smolder, resistant-no chemical additives. Installation Instructions This blanket 1~ designed to withstand high- velocity water movements In ditches and on 61opes. In ditches, unroll blanket in direction o! water flow, When using two blankets side by side in a ditch, do not put the seams in the center of the ditch, Offset by 6 i~hes to 1 foot. On elopes, start blanket 3 feet over crest of elope or dig anchor ditches Il specified, Blankets may be installed horizontally or var. ticelly, whichever is easier. HI-VELOCITY ROLL SIZE Width ................ 48 in. (+/- 1 in.) Length .................. ;.. 100 fl. mtn. Area Coverage . .4(X)$q ft...(44 + sq. yds.) Weight .............. 72 lbs. (+/- 7 lbs.) HI-Veloctly filch liner appl~c, ation In Midwest Stapling Inetructionl for AMXCO HI-Velocity Curlex Blank, eta Use wire staples, .091" in diameter or greater,' "U" shl~l with legs 8" long or longer and 1' to 2" ~own. Size end gauge of sl~olea used will vaq/ with soil typeS. Use lout ~taple$ across at the ~tart of each roll and continue lo staple along the length ~{ Ihs roll at 2 ft, intewals. When btankets ere placed along- side each ~Xher, staple so a~ to catch the edge of each roll. In addition to ~lapling the edges of the blanket at the appropriate Intervals (~ee drawing), place staples In the center O~ the blanket halfway between the outer etaple~, /! LEN HARRELL Chief of Police TO: FROM: SUBJECT: MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 December Z9, 199Z Ed Shukle~ · Len Harre~J/ Crosswalk ~e~mendation ! was requested at our December !7, i992 meeting to look at the issue oF crosswalk safety for the City oF Mound From a public safety point of view. ! have talked to a number of people in order to get a historical perspective for the positioning of the crosswalks and have been told that they were done as a compromise For the loss oF on-street parking For the business community. ! recognize that parking For customers and support For our local businesses is critical, but this response will only address the public safety concerns I have regarding our citizens. ! have received several calls From citizens since the unfortunate Fatal accident that occurred on December 15, 1992. The comments have ranged From removing crosswalks and making people cross at semaphores, to adding lighting For visibility, to stories oF others own close calls, and questions oF why do we have so many crosswalks. The Facts are that we have nine crosswalks at uncontrolled areas along County Road #!5 (Shoreline Dr.) and County Road #ilO (Commerce Blvd.) in less than a one square mile area. The last traFFic Fatality was in !984 and also involved a pedestrian in a crosswalk. A study of police department reports and statistics reveals that there have been seventeen crosswalk related accidents since January, i989. Twelve oF those accidents involved rear-end accidents when one driver was already stopped For a pedestrian in the crosswalk. Five accidents involved pedestrians being struck; three oF these involved semaphore controlled crosswalks. Fourteen oF the accidents took place during the daylight hours and only three at night. The police department wrote 155 crosswalk violations during the period From 1989 through !992. ! have made a point to travel the crosswalk area on Shoreline Drive this past week at all diFFerent times oF the evening to look at the lighting available. I do not see lighting as the issue! When traffic is heavy there are many distractions that cause visibility problems; headlights coming at you, semaphore background For westbound traffic, tail-lights For turning and stopping vehicles, business lights, eastbound traFFic accelerating after the intersection. When traFFic volume is low, I .had no problems with visibility in the area. Our crime prevention oFFicer, 9! dohn Ewald, has also come to the same assessment of the area. The overall commotion in the area causes distractions For drivers and drivers are basically not attentive enough to the crosswalk. ! would also remind you that the state raised the speed limit in this area to 35mph after the road improvements. An issue that also needs to be considered is that many people perceive crosswalks as an "alley of safety". They get a False sense of security when using a crosswalk. We need to do a better job of educating pedestrians that, just like driving defensively, they need to walk defensively. A pedestrian in the right is no match For a moving vehicle and the law does place responsibility on the pedestrian For allowing a safe distance for a vehicle to stop before entering a crosswalk. My First choice, From a public safety perspective, would be to remove mid-block crosswalks in the City of Mound For the safety of our drivers and pedestrians. Place crosswalks only where there are clear sight lines For drivers and pedestrians. In the case of the crosswalk in front of House of Moy; remove it. ! would also remove the crosswalk in Front of the post office and make one crossing at Belmont Lane. Belmont Lane is an intersection and i believe there may be a greater possibility of adding some special crossing controls to assist our pedestrians. If the council does not Find that palatable and feels a mid-block crosswalk is a necessity, then I would look at having one crosswalk from the parking lot to the bus shelter as a compromise. This may at least give a better sight line For drivers and afford less distractions than are Found farther west. There were a couple of other areas of the City For which was asked to assess the crosswalk situation. One area is Commerce Blvd. north of Lynwood Blvd. I do not believe that there is a need For all three crosswalks; Balsam & Commerce Blvd., Church & Commerce Blvd., and in front of the library. ! recommend removing the mid-block crosswalk in Front of the library. The other mid-block crosswalk is on the south end of Commerce Blvd., by Penny-wise, and deserves consideration For removal. This crosswalk gets most of i'ts traffic around activities at Our Lady of the Lake Church and the church annex when parking is the heaviest creating a situation of limited visibility. I hope that I have adequately addressed the issues that were requested of me. I realize that my recommendations may be controversial in the business community, but I hope that everyone realizes that public safety has to be my priority. I know that the Final policy decisions rest with the council and that it will not be an easy process. MOUND CROSSWALK ACCIDENTS 1992 07-11-92 08-06-92 09-14-92 10-07-92 12-15-92 1820 Hrs. Daylight 92-1175 5550 Shoreline Dr./Moy Rear-end collision - vehicle had stopped for pedestrian 1145 Hrs. Daylight 92-1373 2300 Commerce Blvd/Auditors Rear-end collision - vehicle had stopped for pedestrian 1525 Hrs. Daylight 92-1586 Co Rd. 15/Hardee's Rear-end collision - vehicle had stopped for pedestrian 2010 Hrs. Night 92-1715 Co Rd. 15/Post Office Rear-end collision - vehicle had stopped for pedestrian 1650 Hrs. Night 92-2103 House of Moy Pedestrian struck in crosswalk 1991 02-22-91 08-18-91 1715 Hrs. Night 91-0258 Co Rd. 15/Hardee's Rear-end collision - vehicle had stopped for pedestrian 1535 Hrs. Daylight 91-0387 Commerce at Lynwood Three struck waiking against light 03-29-91 04-04-91 07-03-91 07-03-91 10-12-91 1535 Hrs. Daylight 91-0441 Co Rd. 15/Hardee's Rear-end collision - vehicle had stopped for pedestrian 1130 Hrs. Daylight 91-0473 Co. Rd. 15/SA Rear-end collision - vehicle had stopped for pedestrian 1633 Hrs. Daylight 91-0999 Co. Rd. 15/Moy Rear-end collision - vehicle had stopped for pedestrian 1830 Hrs. Daylight 91-1000 Co. Rd. 15/Moy Rear-end collision - vehicle had stopped for pedestrian 1105 Hrs. Daylight 91-1666 110 & Co. Rd. 15 w/semaphore Pedestrian struck in crosswalk 1990 03-05-90 1030 Hrs. DayliGht 90-0335 110 & Co. Rd. 15 i/semaphore Pedestrian struck in crosswalk 09-26-90 1923 Hrs. DayliGht 90-1743 Commerce Blvd/Pennywise Shop Pedestrian in crosswalk surrounded by parked vehicles 1989 01-09-89 03-10-89 08-28-89 1435 Hrs. Daylight 89-0055 Commerce/Royer,s Rear-end collision - vehicle had stopped for pedestrian 1745 Hrs. Daylight 89-0360 Co Rd. 15/Moy's Rear-end collision - vehicle had stopped for pedestrian 1430 Hrs. Daylight 89-1501 Commerce at Balsam Rear-end collision - vehicle had stopped for pedestrian Last fatal pedestrian accident occured in June 1984 - Daylight hours TO: Chief Harrell FROM: Officer Ewald SUBDECT: Crosswalks DATE: December 28, 1992 Over the last few days I have surveyed the lighting in the area of Shoreline Boulevard between County Road #110 and Belmont Lane. I have walked and driven the area several times and have found the lighting to be excellent with the exception of two shadow points, one crossing Shoreline Boulevard directly in front of the main door of the Mound Post Office and the second point crossing Shoreline Boulevard between the MTC bus depot and the Post Office. The rest of the area is evenly lit. Looking at various locations on Shoreline Boulevard between County Road #110 and Belmont Lane for a location of a single crosswalk, I believe the only safe location would be at the intersection of Shoreline Boulevard and Belmont Lane. This would mean that the crosswalks located at the Mound Post Office and the House of Moy (5555 Shoreline Boulevard) would be removed. If the crosswalk was to be placed at Shoreline Boulevard and Belmont Lane it would have to be placed several feet west of Belmont Lane so as not to interfere with the driveway entering and exiting the parking lot located in the northwest corner. Removing the crosswalks at the Mound Post Office and the House of Moy might possibly create a greater problem with jaywalking. As you know, because of current county rules and regulations governing flashing lights, they cannot be used at the existing crosswalks. Placing additional markings on Shoreline Boulevard advising motorists of the crosswalks ahead might help, along with the existing signs. In conclusion, I don't believe that the existing crosswalks can be made totally safe. I I'P:<)2970-01 (5-90) II I I No. 92-6 ~bL NO.O1Z-WgU-Zbl5 Jan _ I 6,93 13:32 No.O05 P.02 I I I _ II II I Date November 199Z Abstracts: Professor Emeritus Matthew J. Huber, Department of Civil and Mineral Engineering, University of Minnesota. For Further Information Contact: Information Services, Minnesota Dept. of Transportation, Room B23, Transportation Building, 395 John Ireland Boulevard, St. Paul, Minnesota 55155. : Telephone Number: (61Z5296-2385 Guidelines for the Installation of Crosswalk Marktna$. Steven A. Smith and Richard L. Knoblauch.' Transportation Research Record No, 1141, Transportation Research Board, Washington, D.C., 1987, pp. ]5-25. The authors undertook this analysis as part of a larger study to develop more uniform guidelines, and to prevent the misapplication or overuse of crosswalk markings. They developed the final set of proposed guidelines after a process of surveying current practice, examining past research, and review by a panel of 30 practitioners. The authors proposed the following six principles for consideration in establishing guidelines: 3. 4. 5. 6. Crosswalks should not be marked where it is unusually dangerous for pedestrians. Locate markings at places expected to receive sufficient benefit, those with sufficient vehicular and/or pedestrian volume. Reflect the type of pedestrians involved (the very old or very young)'. Supplement markings in higher-risk areas (higher vehicular volumes and speeds) with advance-warning signs. ~ark crosswalks selectively, minimize proliferation. Allow for consideration of variables such as nearby activities, sight distance, speed, street geometry, pedestrian and.vehicular volumes.. , . The final guidelines, developed from the above principles, are as follows: Hr. Smith is with JHK and Associates, Alexandria, VA. Mr. Knoblauch is with the Center for Applied Research; VA. -- RECEIVED H~NN LIT FUULIL NUKK5 I~L NO.b12-95U-2b15 Jan 6,95 13:32 No.O05 P.O$ 92-6 Crosswalk markings should be installed at: 1. All signalized intersections with pedestrian signal heads. 2. All locations where a school crossing guard ts normally stationed. · 3. All intersections and midblock locations satisfying minimum vehicular and pedestrian volume criteria (expressed as a homograph wtthtn the article) and the following basic criteria: - Speed limit ~ 45 mph - Adequate stopping sight distance - For mtdblock croswalks, block length >~600.ft. - Adequate croswalk illumination - - Htnimal conflicting attention demands All other locations at which there is a need to clarify the preferred crossing location because the proper location for crossing would otherwise be confusing. The authors emphasize that these are guidelines only, that engineering Judgement has a major role in every decision. They further emphasize that the application of crosswalk markings does not fully address the pedestrian safety problem. The discussion by Bruce F. Herms' is of particular value, providing added insight to the analysis of pedestrian crosswalk problems. This article should serve as a useful source for anyone reviewing or developing standards for pedestrian control and safety. ~~~lI,ne . _ - 1 t morovements. Urbant.k II. ransportatton £n Kay Fitzpatrick and Thomas pp. 17 21, November 1991. gtneers, 1/ol. 61, No. 10, ~ ,n~u~e ot Iransportatton Engineers, Vol. 61, Ivbalanced transportation system requires the most efficient ' ~.at~ab~eAusua]ly a sharing of streets for both automok.~- ..4 ~_~s~_ of.~11, mo~ps ~,,= a,u uus opera:Ions, lhe r~rst or these t~o arttcles ts a summary of the many activities tnvolved in providing for~transtt vehicles and servtces into roadway planning, design and operations. The second article specifically addresses the design of bus stops on urban streets. Those Mr. Herms ts with the Engineering and Oevelopment-Oepartment-.of the Ctty of San Otego, California. Ns. Fitzpatrick and Hr. Urbanlk are assistant research engineer and research engineer, respectively, at the Texas Transportation Institute. ~r. Roslnbum ts a transportation engineer with Parsons Brtnckerhoff Quade and Dou91as, [nc. Mr. Grote is deputy director of the City of Phoenix Public Transit Department. Mr. Jtckltng ts a senior planner with the City of Tucson Transportation Oepartment. 2 MINUTES - MOUND CITY COUNCIL - DECEMBER 17v 1992 1.1 CASE ~92-069% FRANK & ~NDREA ~NI~ENS, 4673 ISI,~/qDVIEW DRIVE~ LOT 17 & 1/2 OF 18~ BLOCK 1~ DEVONm PID %30- 117-23 22 0008, V]tRIANCR REOUEST Councilmember Ahrens removed herself from the Council. The Building official explained the request. He stated that a new survey has been submitted showing the water and sewer easements and it appears that there is sufficient room to construct the new gazebo within the setbacks. The variance request is to recognize an existing nonconforming structure on the property. He further stated that if the Ahrens' should decide to cut down the size of the gazebo, they would not need to request the variance. The Planning Commission recommendation was in favor on a 7 to 1 vote. Councilmember Jensen stated she was the one who voted against the request because if the Shoreland Management Ordinance was in effect, this structure would not be allowed. She further stated she did not think this was the appropriate forum for addressing this item. She stated she thought it should be discussed at a regular City Council meeting in January. MOTION made by Jensen, seconded by Johnson to table this item. Tho Council wanted to discuss this further. Johnson withdrew his second, Jensen withdrew her motion. Councilmember Jensen stated she felt considering this item at this emergency meeting could give the perception to the general public that the Council was doing something special for a Councilmember. Mayor Johnson and Councilmember Jessen agreed. Councilmember Smith stated he did not have a problem with the request because it is recognizing an existing nonconforming structure. It is not allowing another nonconformance. He further stated that the Shoreland Management Ordinance has not yet been enacted and did not feel that should be a concern at this point. The Council discussed the fact that they have requested an extension from the DNR to May of 1993 for the enactment of the Shoreland Management Ordinance. The applicant, Andrea Ahrens, stated the request was basically to swap a current structure for the new gazebo. MOTION made by Jensen, seconded by Johnson to table this item to tho January 12, 1993, Regular City Council Meeting. The VOte was 3 in favor with Smith voting nay. Ahrens abstained. Motion carried. PROPOSED RESOLUTION #92- RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING ACCESSORY STRUCTURES TO ALLOW CONSTRUCTION OF A CONFORMING ACCESSORY STRUCTURE AT 4673 ISLAND VIEW DRIVE LOT 17 AND PART OF 18, BLOCK 1, DEVON PID #30-117-23 22 0008 P&Z CASE NUMBER 92-069 WHEREAS, the applicants, Frank and Andrea Ahrens, have applied for a variance to recognize an existing nonconforming accessory structures (garage) to allow construction of a conforming accessory structure (gazebo), and WHEREAS, the existing nonconforming garage was granted a variance to be constructed in its present location by Resolution #88-117, and WHEREAS, there is an existing shed on the property which the applicant has indicated will be removed, and WHEREAS, the subject property is located within the R-2 Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for "Lots of record,., a 15 foot rear yard setback, and accessory buildings require a 4 foot side and 4 foot rear yard setback in the rear yard, and WHEREAS, all other setbacks and lot area are conforming, and; WHEREAS, The Planning Commission has reviewed the request and recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: me The City does hereby approve a variance to recognize an existing nonconforming accessory structure (garage) which has a front yard setback of 16 feet to the required 20 feet, to allow construction of a conforming accessory structures (gazebo). The city easement must be located in the field by a Registered Land Surveyor in order to verify the proposed structure does not encroach into it. PROPOSED RESOLUTION CASE #92-069 PAGE 2 The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Sectio~.4~4. · . ' ' ia~ '~ 'r -~eau/~or~~ af~~ ~ $onabl~ o f~hei~r ~~~~~/ ~ Construction of a 11.5' x 11.5', octagon shaped ~ ( gazebo to ~e setback 4 feet from the side and rearj op~ty lines. / This variance is granted for the following legally described property: Lot 17 and the southeasterly 25.00 feet, front and rear, of Lot 18, in Block 1 of Devon. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MF ETING OF THE MOUND ADVISORY PLANNING COMMISSION DECEMBER 14, 1992 CASE ~92-069: FRANK & ANDREA AHRENS, 4673 ISLAND VIEW DRIVE, LOT 17 ~ 1/2 OF 18, BLOCK 1, D~vON, PID ~30-117-23 22 0008. VARIANCE. The Building Official reviewed the applicant's request for a variance to recognize an existing nonconforming detached accessory structure in order to construct a conforming gazebo. The existing nonconforming detached garage was granted a variance to be constructed in its present location by Resolution #88-117. The Current zoning code allows the proposed accessory building to be located within 4' of the rear and side lot lines. The applicant has had their surveyor locate an existing sewer and water easement on the survey since the original report was written. It appears that the gazebo could meet the 4 foot side and rear yard setbacks without encroaching onto the easement. The gazebo was drawn on the revised survey by the applicant. Staff recommended approval of the variance request to allow the gazebo to be constructed with conforming setbacks. The Building Official added a comment that the proposed zoning code modifications and shoreland ordinance would require the gazebo meet a 50 foot setback to the ordinary high water. Mueller questioned the status of the existing shed. The applicant, Andrea Ahrens, confirmed that the existing shed will be removed. Mueller questioned the proposed floor elevation. Sutherland confirmed that the floor will be elevated and will meet the minimum requirement of 933.5 and the construction will meet code. The commission discussed the issue that the proposed zoning code modifications will require that the shed be setback 50 feet from the ordinary high water. Mueller does not feel the Planning Commission could deny the request, but would like the City Council to consider this issue. Jensen pointed out that there is room on the property for the shed to be placed 50' from the ordinary high water and not be in conflict with the easement. MOTION made by Clapsaddle, seconded by ross to recommend approval of the variance as recommended by staff with the oondition that the existing shed is to be removed. Motion carried 7 to 1. Those in favor were: Clapsaddle, Mueller, Johnson, #eiland, Michael, Hanus and ross. Jensen opposed. Andrea Ahrens stated to the commission that if her property was conforming she could construct the gazebo as proposed today, and the reason her property is nonconforming is because a garage was constructed in a nonconforming location with the City Council's blessing. I I CITY of MOUND STAFF REPORT DATE: TO: FROM; SUBJECT: APPLICANT: Planning Commission Agenda of December 14, 1992 Planning Commission, Applicant and Staff Jon Sutherland, Building official <~~ ' Variance Request Frank & Andrea Ahrens CASE NO. LOCATION: ZONING: 92-069 4673 Island view Drive, Lot 17 & 1/2 of 18, Block 1, Devon, PID #30-117-23 22 0008 R-2 Single Family Residential BACKGROUND The applicants request a variance to recognize an existing nonconforming detached accessory structure in order to construct a conforming gazebo on the property. The existing nonconforming accessory structure was granted a variance to be constructed in its present location by Resolution ~88-117. According to the current zoning code, accessory buildings are not subject to the 50 foot setback from the ordinary high water and may be located in the rear yard with 4' setbacks to the rear and side lot lines. Each application for a permit or variance is typically forwarded to other departments within the city for review. Sewer and Water Superintendent, Greg skinner, has noted that there is a sewer and water easement on the lakeside of this property and has requested that the applicant have this easement located on the survey as structures are not allowed to be placed on city easements. printed on recFcled paper Staff Report 4673 Island View Drive - Variance Request Page 2 At the time this report was prepared, the exact location of the sewer and water easement was unavailable, so placement and evaluation to the easement could not be reviewed. It is expected that this information will be available prior to the Planning Commission Meeting. RECOMMENDATION Based on the ordinances in effect at the time of application for this variance, staff recommendation would be that the Planning Commission recommend approval of the variance request. After review of the proposed zoning code modifications and shoreland ordinance, a further stipulation should be considered that the proposed gazebo be required to meet the 50 foot setback to the ordinary high water. In addition, I would note that if the gazebo was less than 120 square feet of projected roof area, it could be constructed without a permit and be placed less than the proposed ordinary high water setback under the current code. This case will be heard by the Planning Commission on December 14, 1992 and by the City Council on January 12, 199~. The abutting neighbors have been notified of this request. JS:pj ! J revised 4/2/92 RECEIVED N OV 1 9 1992 VARIANC.~"~~I~, ATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: I,"'/~--[4--qc"~. ,. city Council Date: site visit Scheduled: Zoning Sheet Completed: Copy to city Planner: Application Fee: $50.00 Case No. _q~.~0~. Copy to Public Works: ~ Copy to city Engineer: ................................... Please type or print the following information: I/ Address of Subject Prope. rty /'~ 7,.~ J_'"~/~ 4 V~ Owner, ~ ~a~e ~0~~/~~~' ~/~, ~a~' ~°ne~ Owner'~r~~7~ ~/~~ V~~ Phone Block / PID No. ~0- Use of Property: ~t'~~ %pplicant's Name (if other than owner) Address ~/~ LEGAL DESCRIPTION: ~o~/7 ~ ~.E. Y~ Addition Zoning District Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ~ yes, ( ) no. If yes, list date(s) of application, action taken, resolu~cion number(s) and provide copies of resolutions. 1. Detailed descripton of proposed construction or alteration (size, number  of stories, type of use, etc.): , ,3 ' .a revised 4/2/92 Variance Application Page 2 Front Yard: (dS E W ) Rear Yard: ( N.TE W ) Lake Front: ( N S E W ) Side Yard: ( N S E__W ) Side Yard: ( N S E W ) Lot Size: -- Street Frontage 2. Do the existing structures comply with all area, height, bulk and setback regulations for , Yes (), No O(). the zoning district in which it is located? If no, specify each non-conforming use (describe reason for variance request, i.e. setback, 10t area, etc.) SETBACKS: required (orr~ VARIANCE ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft ft. ft. ' ft. ft ~~L~sq ft sq ft ~sqft' '~.~ ft. ft. Does the present use of the property conform to regulations for the zoning district in which it is located9 Yes a~ specify each non-conforming use: · ), No ( ). If no, Which unique physical characteristics of the subject its reasonable use for any of the uses permitted district? ( ) too narrow ~) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape Please describe: property prevent in that zoning soil existing other: specify Se Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (~. If yes, explain ! revised 4/2/92 Variance Application Page 3 Case No. e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~). If yes, explain 7. Are the conditions of hardship for which you request a variance pe~.uliar only to the property described in this petition? Yes (), No ~). If 1~o, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be '~quired by law. _1 STRING~] 2X6 PER. IM ETEF, JOIST5 INTEIKNAL HEADER 2x6 RADIAE JOIST CENTE~ POST DATTER DOARDS NOTCH JOIST HANGERS DECKING 6 X 6 POST OVERVIEW 0~" GAZEBO DECK TOP VIEW (,ut off oorners T on tho lonf~ pianos to form an ootafonal oylinde~ 16" '""' ---'J 1-1/2" 6" 1-1/2" CUT OFF ARRISES SXDE VXEW OF RAFTER Rafter lenrth is oqual to the dlstanoe stepped-off, minus half the hub width, plus desired over- bani length. BUILD .~ll-'-J CENTER OF //" I J HUD ?~-1/4" . II .,-~.._~.~:)~¢~ ~ I ---\ ~C'?. -.~ ~-.*' ]'~ RAFTER HUI5 ~ 16" OVERH~NG q FLASHING HUB 2X8 RAFTER _ ASPHALT SHINGLES 4X6 CAP PLATE FELT TONGU' & GROOW ~HEATHIN( lX~, FASCIA PLUMB CUT 6X6 POSTS LATTICE (ON 5 WALLS) LATTICE SKIRT ON ALL 8 SIDES NAILER FOR LATTICE ~"FROM GROUND CLIP DECKING ATTACH STAIRS BETWEEN POSTS ,i I---- 16 .... ---I CONCRETE FOOTING 209 Augugst 23, 1988 RESOLUTION. 88-117 RESOLUTION TO CONCUR WITH PLANNING COMMISSION RECOMMENDATION TO APPROVE A FRONT YARD SETBACK VARIANCE FOR LOT 17 & S.E. 1/2 OF 18, BLOCK 1, DEVON; PID %$0-117-23-22-0008 (4673 ISLAND VIEW DRIVE) P&Z CASE NO. 88-?24 WHEREAS, the applicant has applied for a front yard setback variance to construct a detached garage 17 feet from the prin- cipal structure, 4 feet from the side lot line, and 14 feet from the front property line, for lot 17 and the S.E. 1/2 of 18, block 1, Devon; PID #30-117-23-22-0008; and WHEREAS, the subject property is located within the R-2 single family zoning district, which is lakeshore property, requiring a 20 foot front yard setback and a 4 foot side yard setback for detached accessory buildings; and WHEREAS, the Planning Commission has recommended approval of this variance due to the topography of the lot and to afford the property owner reasonable use of their land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, MN, as follows: That the City does hereby authorize the nonconforming acces- sory structure setback at 4673 Island View Drive; PID #30-' 117-23-22-0008. The City Council authorizes the setback variance, pursuant to Section 23.404, Subdivision (8) with the clear and express understanding that the use remains as a lawful, non- donforming use, subject to all of the provisions and restrictions of Section 23.404. It is determined that the 6 foot front yard setback variance will afford the owner reasonable use of their land due to the topography of the lot; the improvement is hereby authorized for the following alterations: C~ns~ruction of a detached accessory building 24' x 24' in size, 4 feet from the side lot line, 14 feet from the street property line, and removal of the existing detached acces- sory building, conditioned upon the submission of a registered land survey of the property indicating the cor- ners of the proposed garage elevation, the proposed eleva- tion at the front of the garage, and the elevations at the 210 August 23, 1988 corner of the existing lot. This variance is granted for the following legally described property. Lot 17 & S.E. 1/2 of 18, Block 1, Devon PID ~30-117-23-22-0008 This variance shall be recorded with the county recorder or the registrar of titles in Hennepin County pursuant to Min- nesota Statute Section 462.3595, Subdivision 4. This shall be considered a restriction on how this property may be used· 5. The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Johnson. The following Councilmembers voted in the affirmative: Jensen, Jessen, Johnson and Smith. The following Counctlmembers voted in the negative: none. Councilmember Abel was absent and excused. Attest: City Clerk 2 PROPOSED RESOLUTION $92- RESOLUTION TO APPROVEA V]%RIANCE RECOGNIZING AN EXISTING NONCONFORMING ACCESSORY BUILDING TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION TO THE PRINCIPAL DWELLING AT 5991 RIDGEWOOD ROAD, THAT PART OF LOT 13v LOT 14 AND PART OF LOT 15, BLOCK 6, THE HIGHLANDS, PID $23-117-24 43 0028 P&Z CASE NUMBER 92-070 WHEREAS, The applicant has applied for a variance to recognize an existing nonconforming accessory building to allow construction of a conforming addition to the principal dwelling at 5991 Ridgewood Road, and; WHEREAS, the existing accessory building is nonconforming due to a .63 foot encroachment into the public right-of-way and a 2.8 foot side yard setback, and; WHEREAS, for lakeshore lots in the R-1 zone a 20 foot front yard setback is required for accessory buildings, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 50 foot setback to the ordinary high water, and; WHEREAS, all other setbacks and lot area are conforming, and; WHEREAS, the nonconforming substantial structure, and; accessory building is a WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the city of Mound, Minnesota, as follows: The city does hereby approve a variance to recognize an existing nonconforming accessory building with a -.63 foot front yard setback and a 2.8 foot side yard setback to allow construction of a conforming addition. The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. PROPOSED RESOLUTION PAGE 2 CASE #92-070 It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a 1-1/2 story 20' x 30' addition onto the principal dwelling. This variance is granted for the following legally described property: That part of Lot 13, Block 6 described as beginning at a point on the Northerly line thereof distant 20 feet Northeasterly along said Northerly line from the Northwesterly corner of said Lot which point is marked by a Judicial Landmark; thence Southerly 187.5 feet to a point which is 187.5 feet Southerly of the point of beginning and 37.5 feet Southeasterly from a point on the Westerly line of said Lot distant 165.4 feet Southerly along the Westerly line of said Lot from the Northwesterly corner thereof which point is marked by a Judicial Landmark; thence deflecting to the right 13 degrees 3 minutes 20 seconds a distance of 60 feet which point is marked by a Judicial Landmark; thence continuing along the last mentioned course to the shore of Lake Minnetonka; thence Westerly along the shore of Lake Minnetonka to the Westerly line of said Lot; thence Northerly along the Westerly line of said Lot to a point 165.4 feet Southerly along the Westerly line thereof from the Northwesterly corner of said Lot which point is marked by a Judicial Landmark; thence Northerly along the Westerly line of said Lot to the Northwesterly corner of said Lot which point is marked by a Judicial Landmark; thence Northeasterly along the Northerly line of said Lot to a point of beginning, and Lot 14 and all of Lot 15 except the westerly 20 feet front and rear thereof in Block 6, "The Highlands", according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTF~ OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION DECEMBER 14, 1992 CASB ~92-070: DAVB ?AYLORm $9~1 RIDGEWOOD ROAD, LO~ 14 & P/13 & 15. ~LOCK 6m THE HIGHLANDS~ PID #23-117-24 43 0028. VARIANCR The Building Official reviewed the applicants request for a variance to recognize an existing nonconforming accessory building in order to construct a conforming addition to the principal dwelling. The existing accessory structure in nonconforming due to a .63 foot encroachment into the public right-of-way and a 2.8 foot side yard setback. A 20 foot front yard and a 4 foot side yard setback is required in the R-2 zone. This nonconformance was previously recognized by Resolution $85-127. Staff recommended that the Planning Commission recommend approval of the request to recognize the nonconforming accessory structure to allow construction of a conforming addition onto the principal dwelling. The Commission clarified with the applicant that a garage was added onto the principal structure in 1986. Jensen questioned if it is not time the nonconforming detached garage be removed. The applicant would like to keep the detached garage. The Building Official stated that the nonconforming building is a substantial structure. Mueller commented on the drop in grade from the street to the house and stated that it may be advantageous to the owner to keep the garage as in winter months it may be difficult to get out of the driveway with a vehicle from the principal structure. MOTION made by Mualler, seconded by Hanus to recommend approval of the variance request as recommended by staff. Motion carried unanimously. CITY of MOUND STAFF REPORT 534! MAYWOOD RC-'D MOUND MINNESOTA 55~._:-'. 1687 ~6!2i 472 0650 FAXi612 4T2-~62~. DATE: TO: FROM; SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of December 14, 1992 Planning Commission, Applicant and Staff ~. Jon Sutherland, Building Official ~~ ~, Variance Request Dave Taylor 92-070 991 Ridgewood ~oad ot 14 & part of 13 & 15, Block 6 The Highlands PID #23-117-24 43 0028 ' R-1 Single Family Residential BACKGROUND The applicant is seeking a variance to recognize an existing nonconforming accessory building in order to construct an addition to the principal dwelling. The existing accessory structure is nonconforming due to a .63 foot encroachment into the public right-of-way and a 2.8 foot side yard setback. A 20 foot front yard and a 4 foot side yard setback is required in the R-2 zone. This nonconformance has been recognized previously by the attached Resolution #85-127. RECOMMENDATION The proposed addition is conforming, and staff recommends the Planning Commission recommend approval of the request to recognize the nonconforming accessory structure in order to allow construction of a conforming addition onto the principal dwelling. This case will be heard by the Planning Commission on December 14, 1992 and by the City Council on ~. The abutting neighbors have been notified of the request. 1-12-93 JS:pj printed on recycled paper ! ] revised 4/2/92 VARIANCE APPLICATION CITY OF MOUND 534L Ma~,~ood Roadv Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 NOV 2 Application Fee: $50.00 Case No.~,~--07 0 Site visit Scheduled: Zoning Sheet Completed: /}l~0--~ Copy to City Planner: ~7--~-~ Copy to Public Works: '- ~. Copy to City Engineer: Please type or print the following information: Address of Subjeq~t Property ~---9 F/ /~~~/C)~d Owner's Name . . ~G (~r~ ~//~ Day Phone Owner's Address ~pplicant's Name Address (if other than owner) Day Phone LEGAL DESCRIPTION: p v-o½ Zoning District ~ I Use of Property: Has an application ever been made for zoning, varian~ conditional permit, or other zoning procedure for this property? Q6) yes, ( ) no. yes, list date(s) of application, action taken, resolution number(s) provide copies of resolutions. d-- Block use If and Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ' /~ [ revised 4/2/92 Variance Application Page 2 Case No. 2. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No ~ If no, specify each non-conforming use (descr e reason for variance request, i.e. setback, 10t area, etc.) _M~_~f~ required requested VARIANCE (or existing) fFront Yar~: ( N~E W ) ~ ft. Rear Yard. (~S E W ) ~' ft. ~,Lake Front: ( N S E W ) ft. Side Yard: ( N S ~W ) - ~/ ft. Side Yard: ( N S E~) - ~/ ft. Lot Size: - Street Frontage sq ft ft. ~-~ ft. -- ft. ft. · ~% ft. ft. ft. _ ~.~ ft. ~-~- ft. _ ~F~ - ft. -- ft. sq ft sq ft ft. ft. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ( ) No ~ If no, specify each non-conforming use: ' Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage (,.9~existing ( ) too shallow ( ) shape ( ) other: specify Please describe: Se Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~. If yes, explain revised 4/2/92 Variance Application Page 3 Case No. ~1--0~0 ® Was the hardship created by , any 9~her man-made change such as the relocation of a road? Yes (), No ~). If yes, explain 7. Are the conditions of hardship for which you request a v~r~ance peculiar only to. the property described, in. this petition~. Yes no, list some other properties which are similarly affected? / - f - , f - f - 8. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be quired by law. Applicant's Signature Date t~ DG ~ vl OO U I hereby certify that this ~s a true and corr ginning and 37.5 fee~ ~utheaster].. f~m ~u h ~ erIy along the WesterI line f Y .neo. said Lot d .' )y a Judicial Landmark; thence def~,~ 'eet which ~lnt is marker I I Certificate of Survey for DavidB. Taylor in Lots 13, 14, & 15, Block 6, "The Highlands" Hennepin County, Minnesota × I hereby certify that this is a true and correct representation of a s~rvey of the ~undar~es of that parc of Lot 13, Block 6 described as beginning at a ~inC on the ~r%herly 1:ne %heregf distant 20 feet ~rCh- easterly along said ~rtherly line f~m the ~rthwesterly corner cf sa~ Lot which ~inC is marked by a Judicial Landmark; thence ~utherly 187.5 fee% to a ~int which is ~87.5 feet ~uCherly of Che ~inC of beginning and 37.5 feet ~utheasCerly f~m a ~in% on %he Westerly line of sa~d Lot dislant 165.4 feet ~utherly along che Westerly line of said Lot f~m the ~rthwes~erly ccrner cher~f which ~1nt is marked by a Judicial Landmark; thence deflecting ~ %he right ~3 degrees 3 m~p.Ces 20 seconds a distance of 60 feet which ~in% is marker by a Judicial Landmark; %hence continuing along %he last mentioned course %o the s~re of Lake Minne~nka; thence Westerly along the s~re of Lake tqinne'mnka ~ the Westerly line of sa~d Lot; thence t~rCherly along the Westerly line of said Lot ~ a ~int ~65.4 feet ~utherly along the West- erly 1ne %her~f f~m the ~rthwesterly corner of said Lot which ~]PC is marked by a Judicial Landmark; thence ~CrCherJy along the Westerly line of saJd Lot to the ~rthwesterly corner of said LoC whJch is marked by a 2udicial Landmark; thence ~rtheasterly along %he ~rCherly line of said LoC ~ the ~int of beginning, and Lot ~4 and all of Lo% ~5 except the westerly 2g fee% f~nC and rear Cher~f Block 6, "The Highlands", according ~ the plat ~her~f on file or of record in ~he office of the Register of Deeds in and for said ~unty, and of the location of all buildings, if any, ther~n, and of the p~- ~sed location of a p~sed addition. It ~es ~C pur~rt ~ s~w any ~ther imp~vements or enc~achments. COFFIN & GRONBERG, INC. Date 8-30-85 o i~n marker Mark S. Gmnberg R.g. t~. 12 . Judicial landmark found ~r~n R. ~ffin Reg. '~. 60~ ~ S~t elevation ~ngineers and Land Surveyors Long Lake, M~nne~Ca P~he 472-4~41 October 22, 1985 RESOLUTION NO. 85-127 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORHING ACCESSORY BUILDING SETBACK FOR PART OF LOTS 13, 1~ AND 15, BLOCK 6, THE HIGHLANDS (PID 23-117-2~ ~3 0028) 5991 RIDGEWOOD ROAD WHEREAS, David and Carmen Taylor, the owners of the property described as part of Lots 13, 14, and 15, Block 6, The Highlands, PID 23-117-24 43 0028, have applied for a variance to recognize an exisitint nonconforming accessory building setback in order to construct an addition to the principal dwelling; and WHEREAS, the existing accessory structure is nonconforming due to a .63 foot encroachment ipto the public right-of-way and a 2.8 foot side yard setback; and WHEREAS, the subject property is located within the R-2 zone which according to the City Code, requires a 20 foot front yard setback and a 4 foot side yard setback; and WHEREAS, the Planning Commission has reviewed the request and does recommend the variance to recognize the existing accessory structural setback. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby recognize the existing nonconforming accessory structure setback at 5991 Rldgewood Road. The foregoing resolution' was moved by Councllmember Jessen and seconded by Councilmember Paulsen. The following Councilmembers voted in the affirmative: Jessen, Paulsen, Peterson, Polston and Smith. The following Councilmembers 'voted in the negative: none. Mayor Attest: City Clerk JO, I CITY of MOUND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA 5341 MAYWOOD ROAD MOUND MINNESOTA 55364 ' 68' (6~2 472 0600 FAX {6!2} 472-0620 CASE NO. 92-072 NOTICE OF A PUBLIC HEARING TO CONSIDER A REQUEST TO VACATE A PORTION OF WINDSOR ROAD NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, February 9, 1993 to consider a request to vacate a portion of Windsor Road which abuts 3233 Tuxedo Blvd., Lots 15, 16 and 17, Block 13, Whipple, PID #25-117-24 21 0141 (see map below). The request involves approximately 139 feet of Windsor Road. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. F~an6ene~C. Clark, city ~lerk printed on recycled paper I I MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION DECEMBER 14, 1992 The Building Official reviewed the City Engineer's report on the request to vacate a portion of Windsor Road. The improved portion of Windsor Road extends approximately seven (7) feet in front of Lot 15, according to a survey for Lots 3 & 4, Block 18, Whipple. Staff recommended to vacate only that portion of the Windsor Road right-of-way adjacent to Lots 16 and 17, Block 13, Whipple. It was also recommended that the City retain a minimum 20 foot wide utility and drainage easement centered on the portion to be vacated. The Building Official further informed the Commission that the City Engineer stated that this area has only a 5 percent grade, therefore, it is possible to construct a street in this area. However, there is no evident reason to retain the street. Weiland confirmed with staff that if the vacation was approved there are no surrounding properties that would be landlocked. It was questioned what the advantage would be to vacate this street. One advantage would be that the abutting property owners would gain land. chair Michael opened the public hearing. Glen Melena stated that he is not opposed to the street vacation, however it may not be appropriate; he is concerned that if the Teal Pointe development is approved the street may be needed in the future to help with traffic. Hanus believes that this reduces traffic when the street is not improved. Rueb Hartman stated that he and Mrs. Robinson are opposed to the street vacation, because once it is vacated, it is gone forever. Paul Larson who owns lots 3 and 4 across the street is in favor of the vacation. The abutting owner to the south, Debbie Balli, stated that if the street is vacated, she wants half. The Building Official noted that the applicant had constructed a shed upon the right-of-way, however, the shed has since been moved, and this action may have inspired the application. Clapsaddle and Weiland both questioned if gaining property is a reason to vacate a street? It was noted that the vacation will not correct any nonconformity. MOTION made by ross, seconded by Clapsaddle to deny the request to vacate & portion of Windsor Road as there is an overriding public interest to retain the property. Johnson commented that there is not need to retain the street and he feels it would be a detriment to have another access onto the already busy Tuxedo Blvd. Hanus does not see a benefit for the City to retain the street. It was noted that the city currently maintains the property and if a tree needs to be removed it is at the expense of the city. Clapsaddle commented that if the street were improved, traffic circulation could help the area. MOTION to deny carried 5 to 2. Those in favor of denial were= Clapsaddle, #eiland, Michael, Voss and Jensen. Hanus and Johnson were opposed. The Secretary informed the applicant that the City Council will discuss a date for a public hearing at their January 12, 1992 meeting. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 December 4, 1992 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors Mr. Jon Sutherlmnd Planning and Zoning City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota Proposed Street Vacation Windsor Road Case #96-072 MFRA #8902 Dear Jon: As requested, we have reviewed the application to vacate a portion of Windsor Road and have the following recommendations: /~e applicants have asked the City to vacate Windsor Road adjacent to their property, Lots 15, 16 & 17, Block 13, Whipple. The improved portion of Windsor Road extends approximately seven (7) feet in front of Lot 15, according to a survey submitted as part of a variance application for Lots 3 and 4, Block 18, Whipple. which is located across the street. Our recommendation is to vacate only that portion of the Windsor Road right-of-way adjacent to Lots 16 and 17, Block 13, Whipple. We also recommend that the City retain a minimum 20-foot wide utility and drainage easement centered on the portion to be vacated. If you have any questions or need additional information, please contact US. JC:jmk Very truly yours, McCOMBS FRANK R00S ASSOCIATES, INC. John Cameron An Equal Opportunity Employer MINUTES - MOUND CITY COUNCIL - DECEMBER 8F 1992 1.7 SET PUBLIC HEARING TO CONSIDER A REQUEST TO VACATE A PORTION OF WINDSOR RO~D. [SUGGESTED DATE: JANU~Y 12t 1993m 7:30 P.M.] The Council discussed this request. The City Attorney suggested that a staff report be given on this before a public hearing is set. The Planning Commission will be reviewing this at their next meeting. No action was taken at this time. APPLICATION TO VACATE CITY OF MOUND 5341 Maywood Road Mound, MN 55364 472-0600, fax: 472-0620 Case No. I~.Z- O"J2- Date Filed 1! Application Fee: $150 Applicant's Name .v~t~K ~L,):'~_ Z,//~j~/] / Applicant's Address ~Z~ ~a~<~c ~/~,~; I~[¢u~,',g Legal description of property owned by applicant: Lot Addition lt,l A, ,gO J'~ Street or Easement to be Vacated:.'7~ Reason for Request & Interest in Property:. oC L o '+ Day Phone IS there a public need for the right-of-way to be retained for a public purpose? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's Signature Date ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// FOR OFFICE USE ONLY Recommendations from Utilities: NSP Minnegasco GTE Recommendations from City Depts.: Public Works Fire Chief Engineer Police Chief Other IRO,V .cra~a~-~. n ': ' ' ! E'XCEFTION o. ¢8.08 .. rO" El~n DESCRIPTION: Lots 15, 16 end 17, except the North 2 feet,' of Lot~ 17, Block 13, "Whilmpla''' We hereby certify that this is a true and correct representation of a surveY1~ o' the boundaries of the land above described and of the location of all buildil~§~ f any, thereon, and all' visible encroachments, if any, from or. on said land. Dated this 6t, h d~y ?,1~ "May 19'77. EG^M, FIELD & H~AK, I~IC. - - (~3~) &} M .I '~ , ( '~),.' ( ;e,.~ z,~'.~; ( ! I ~" I::::lZ t,4 1'4 MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION DECEMBER 10, 1992 Present were: Lyndelle Skoglund, Brian Asleson, Tom Casey, Shirley Andersen, Marilyn Byrnes, Mo Mueller, Carolyn Schmidt, and Dock Inspector Tom McCaffrey. Andrea Ahrens and Tom Casey were absent and excused. ,INTERVIEW CANDIDATE~ FOR COMMISSIO~ The following candidates were interviewed for the vacancy on the Park and Open Space Commission: A. STEVEN KIRSHBAUM, 4590 DENBIGH ROAD B. MARY MOTYKA, 1545 BLUEBIRD LANE It was recognized that both of the applicants own property that abuts public shoreline and they both obtain annual dock licenses from the City. ]~NKIN~ OF CANDIDAT~ The operation of the ballot was reviewed and it was clarified that the candidate which is the first choice should be given a 1, and the second choice should be given a 2, the candidate with the least amount of points is thence selected. Byrnes commented that both candidates were very good. Tom McCaffrey totaled the ballots, and the results were Steve Kirshbaum with a 7 and Mary Motyka with 11, therefore Steve Kirshbaum received the recommendation for appointment. NOV .3 0 1997 City Manager's Office City Of Mound 5341 Maywood Road Mound, MN 55364 6/30/92 Steven A. Kirshbaum 4590 Denbigh Road Mound, MN 55364 HM 472-3124 Office 473-7395 This is a letter to express my interest in filling the upcoming opening on The Parks and Open Space Commission. Although I don't have a history of working on committees or commissions of this type, I am interested in the issues that affect the city of Mound, and I feel that I am a fair and open minded person. I feel that I could represent a practical viewpoint. I have been following many of the issues that affect our city and feel that I could be an asset to the governing body. Thank you very much for considering me for this appointment. Yours truly, Steven A. Kirshbaum I1") November 24, 1992 Dear Ed, I am applying for the opening on the Park and Open Space Advisory Commission. My husband and I moved to Mound in October, 1988. Our son and his 3 year old son also live with us. I would now like the opportunity to be a contributing member of this community. As a Wife, Mother, Grandmother, and Registered Nurse, I am interested in maintaining and improving a recreational environment that adds to the physical, emotional and spiritual well being of Mound citizens. Sincerely, ~ 1545 Bluebird Lane Mound, Mn. 55364 472-7813 I11 MIN~TE8 - ECONOMIC DEVELOPMENT CO~MISBION - DECEMBER 17, 1992 The meeting was called to order in the City Council chambers at 7 AM. Members present: Paul Meisel, Mark Brewer, Ken Smith, Fred Guttormson, Sharon McMenemy-Cook, Marge Friedrichs and Jerry Pietrowski. Jerry Longpre arrived later. Also present: Mayor Skip Johnson and the following City Council members: Liz Jensen, Phyllis Jessen and Andrea Ahrens; Bruce Chamberlain of the Noisington Koegler Group, Inc., LynDelle Skoglund of the Park and Open Space Commission; Gino Businaro, Finance Director; Ed Shukle, city Manager and Stan Drahos, EDC applicant. Stan Drahos, applicant for the vacancy on the EDC, was present for his interview with the Commission and City Council. Me indicated his interest in the community and that he has been involved in many community activities over the years. He further stated that he wishes to see Mound developed and become more like other cities around Lake Minnetonka. Following his interview, Mr. Drahos was excused. It was moved by Smith, seconded by Guttormson and carried unanimously to recommend the appointment of Stan Drahos to fill the current vacancy on the EDC. city Council will take up this matter on January 12, 1993. Painting "Professional Painting Pays" DEC. ?, 1998 ED SHUKLE CITY OF MOUND 53Ai MAYWOOD RD. MOUND, MN. REF: ECONOMIC DEVELOPMENT COMMITTEE Serving the area since 1979 DEAR ED .~ THROUGH THE GRAPE VINE I HAVE HEARD THERE IS A VACANCY COMING UP IN THE E.D.C. I THINK YOU KNOW MY DEDICATION TO MOUND AND ITS FUTURE. MY INVOLVMENT WITH THE TASK FORCE ON CITY HALL, OUR MOUND CITY DAYS, M.D.A. TELETHON AND NORTHWEST TONKA LIONS ARE SOME OF THE THINGS I DO TO MAKE MOUND A BETTER PLACE TO LIVE. I AM HOPING TO CHANGE NOT ONLY THE IMAGE MOUND HAS, BUT ENHANCE ITS FUTURE. WITH THAT IN MIND I WOULD BE VERY INTERESTED IN JOINING E.D.C. AND HELP MAKE MOUND WHAT EVERYONE WOULD LIKE IT TO BE. ~ S INCF~ELY~ ~ STAN DRAHOS Member of Minnesota Painting and Decorating Contractors 5016 Woodridge Road, Mound, Minnesota 55364 · (612) 472-2092 RESOLUTION NO. 83- RESOLUTION AUTHORIZING THE I~YOR~'~ CITY MANAGER TO ENTER INTO A LEASE AGREEMENT #ITHM~RK A. SALITERI~ FOR THE MUNICIPAL LIQUOR STORE WHEREAS, the lease for the Mound Liquor Store expired on December 31, 1992; and WHEREAS, a new lease has been negotiated with Mark A. Saliterman for the 2,855 square feet of space in the building; and WHEREAS, this new lease will have a square foot price of $7.50 which is the same as we have been paying; and WHEREAS, this lease will run from January 1, 1993, through December 31, 1995. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Mound, Minnesota, does hereby authorize the Mayor and city Manager to execute a lease agreement with Mark A. Saliterman, with terms as specified above, for the Mound Municipal Liquor Store, 2324 Wilshire Blvd. RESOLUTION #93- January 12, 1993 RESOLUTION APPOINTING ACTING MAYOR FOR 1993 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby appoint Acting Mayor for the year 1993. January 12, 1993 RESOLUTION NO. 93- RESOLUTION ~PPOINTING CITY CLERKv FRAN CL~RKv ~CTING CITY M~NAGER FOR 1993 BE IT RESOLVED, that the city Council of the city of Mound, Minnesota, does hereby appoint Francene C. Clark, city Clerk, as the Acting city Manager for the year 1993, if the City Manager is disabled, incapacitated, away on city business or away on vacation. If both the City Manager and the city Clerk are disabled, incapacitated, away on city business or away on vacation then Len Harrell, Police Chief, is hereby appointed as Acting city Manager. RESOLUTION NO. 93- January 12, 1993 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR 1993 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby designate the official newspaper for the City of Mound for 1993. I I The Laker 2365 Commerce Blvd., Mound, MN 55364 472-1140 The Pioneer December 30, 1992 To: Mound City Council Re: Appointment of Official Newspaper Dear Councilmembers: As you make your appointments for 1993, we ask that you consider re-appointing The Laker as your city's official newspaper. The Laker is published each Monday. The deadline for legal notices is 4:30 p.m. the preceding Tuesday. Our rate for publication of legal notices is $5.98 per column inch (59.8 cents per line) for the initial insertion, and $4.12 per column inch (41.2 cents per line) for each additional insertion. The column width is 2 inches (12 picas). We have enjoyed working with you in the past and we look forward to continuing to do so. Thank you for your consideration. Sincerely, Bill Holm Associate Publisher The Laker Sun-Current MINNESOTA SUN PUBLICATIONS Sun-Post Sun-Sailor December 11, 1992 DEC 1 4 lgg2 City Council City of Mound 5341 Maywood Road Mound, MN 55364 Dear Council Members: Please consider the Sun-Sailor as the city of Mound's official newspaper for the year 1993 at your January organizational meeting. The rate structure for legals effective January 1, 1993 will be: 1 column width: $0.72 per line - first insertion ($7.92 per inch) $0.42 per line - subsequent insertions ($4.62 per inch) 2 column width: $1.44 per line - first insertion ($15.84 per inch) $0.84 per line - subsequent insertions ($9.24 per inch) Notarized affidavits on each of your publications will be provided. Minnesota Sun Publications will accept legal notices on diskettes. Your IBM or compatible personal computer makes it easy for you to submit legal notices produced with WordPerfect, Wordstar or MS Word word-processing programs. Files saved in ASCH are also acceptable. As this represents as cost-effective and efficient method for us to produce the copy for publication, we will offer a 15% rate discount on all notices submitted on diskettes. We recommend that other municipal departments coordinate their legal notice publishing needs with ihe city clerk's office as well. All legal ads should be sent to our Bloomington office by Thursday noon preceding our Wednesday publications. In order to expedite our service to you, please direct your legals to the attention of ' Mendel Hedblom, Minnesota Sun Publications, 7831 East Bush Lake Road, Bloomington, MN 55439. For your convenience our fax number is 896-4754. Thank you for considering the Sun-Sailor as your official newspaper for the ensuing year. We are honored and pleased to serve you and look forward to a mutually beneficial working relationship with the city of Mound. Donald W. Thurlow Publisher Bloomington Office: 7831 East Bush Lake Road ,, Bloomington, MN 55439 · Ph: (612) 896-4700 January 12, 1993 RESOLUTION NO. 93- RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby authorize the purchase of a $20,000 bond for the City Treasurer/Finance Director, Gino Businaro. January 12, 1993 RESOLUTION NO. 93- RESOLUTION ~PPROVING THE PURCHASE OF ~ $20,000 BOND FOR THE CITY CLERK BE IT RESOLVED, that the city council of the City of Mound, Minnesota, does hereby authorize the purchase of a $20,000 bond for the city Clerk, Francene C. Clark-Leisinger. January 12, 1993 RESOLUTION NO. 93- RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1993 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby designate the following banks and financial institutions as official depositories for the City of Mound in 1993: Marquette Bank - Mound First Bank American National Bank of St. Paul Marquette Bank - Minneapolis Norwest Dain Bosworth, Inc. Shearson Lehman Hutton Offerman & Co., Inc. Piper, Jaffray & Hopwood Prudential-Bache Minnesota Municipal Money Market Fund Merrill Lynch Paine Webber BE IT FURTHER RESOLVED, that the City's deposits shall be protected by Federal Deposit Insurance and/or collateral in accordance with MSA Chapter 118. BE IT FURTHER RESOLVED, that the City Treasurer is hereby authorized to open or continue an account or accounts with said institutions on such terms as required by said institutions in the names of the City, and to deposit, or cause to be deposited in such account or accounts, any monies, checks, drafts, orders, notes or other instruments for the payment of money, upon compliance by said depository with this resolution and the law in such case provided. BE IT FURTHER RESOLVED, that the designation shall continue in force until December 31, 1993, or until written notice of its revision or modification has been received by said institution. January 12, 1993 RESOLUTION NO. 93- RESOLUTION APPOINTING TO THE P~%RK COI~ISSION; TO THE PLANNIN~ CON14ISSION; TO THE ECONOHIC DEVELOP)tENT CON)IISSION (EDC) AS COUNCIL REPRESENTATIVES FOR L993 BE IT R~SOL~D, that the city Council of the City of Mound, Minnesota, does hereby appoint the following Councilmembers as Council Representatives to the following city Commissions for 1993. to the Park Commission to the Planning Commission to the Economic Development Commission RESOLUTION NO. 93- January 12, 1993 RESOLUTION REAPPOINTING THE FOLLOWING PERSONS: GEOFF MICHAEL, MICHAEL MUELLER & FRANK WEILAND TO THE PLANNING COMMISSION; MARILYN BYRNES & CAROLYN SCHMIDT TO THE PARKS & OPEN SPACE COMMISSION; AND PAUL MEISEL & JERRY PIETROWSKI TO THE ECONOMIC DEVELOPMENT COMMISSION - 3 YEAR TERMS - EXPIRING 12/31/95 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby reappoint the following persons to the following commissions for 3 year terms expiring 12/31/95: Planning Commission - Geoff Michael, Michael Mueller & Frank Weiland Parks & Open Space Commission - Marilyn Byrnes & Carolyn Schmidt Economic Development Commission - Paul Meisel & Jerry Pietrowski 131 BILLS January 12, 1993 Batch 2122 Batch 2124 TOTAL BILLS $137,148.33 94,562.43 $231,710.76 Z 0 0 O0 I ~,-, ~Y _.1 f~ I'M 0 OO o' oo ? 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U Z ~J n,' Pu ,?4 Z ~ :Z Z 0 0 U .< 0 m-, T LAJ I,AJ L~J I ZZ oo ! 0 b.lO ~,- U ~3 Z ~t~ 0 Z Z ~ I O-J Z o Z 0 ~ I Z_J WW-J ,...I ~0 ,.H 0,. 0 Z ~J ,r ~.z O Z ~ t ~Z ,, ~,o~ oO oo I,~aO CITY of MOL!ND January 7, 1993 To: From: Subject: Ed Shukle City Manager Dreg Skinner Water and Sewer Supt. December Activity Report Water Department This month we pumped 23,220,000 gallons of water. We had 4 water main breaks and 1 gate valve repair. The DNR televised well #4. They use this well for water observation. ! have been trying to get them to take responsibility for this well or let us sea] up the well. I am hoping that they can make a decision by this summer. I am looking forward to working with the Council on the Water Dept. Improvement projects for 1993. Sewer Department We had another force main break this month. This was in front of the PDQ store on Three Points Blvd. This road has taken a beating in the last two months. We still have not completed the L.S. Project. There are some electrical bugs that need to be worked out. ptinted on recycled paper LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Telephone 472-0621 Mound, MN 55364 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Len Harrell Monthly Report for December 1992 STATISTICS The police department responded to 902 calls for service during the month of December. There were 28 Part I offenses reported. Those offenses included 2 criminal sexual conduct, 2 burglaries, 2 aggravated assaults, 16 larcenies, 4 vehicle thefts, and 2 arsons. There were 41 Part II offenses reported. Those offenses included 4 child abuse/neglect, 3 forgery/NSF checks, 9 damage to property, 1 liquor law violation, 6 DUI's, 1 simple assault, 8 domestics (3 with assaults), 4 harassments, 3 juvenile status offense, and 2 other offenses. The patrol division issued 80 adult citations and 1 juvenile citation. Parking violations accounted for an additional 95 tickets. Warnings were issued to 44 individuals for a variety of violations. There were 3 adults and 1 juvenile arrested for felonies· There were 11 adults and 2 juveniles arrested for misdemeanors. There were an additional 24 warrant arrests. The department assisted in 18 vehicular accidents, 4 with injuries. There were 37 medical emergencies and 77 animal complaints. Mound assisted other agencies on 13 occasions in December and requested assistance 6 times. Property valued at $32,246 was stolen and $23,893 was recovered in December. 1 MOUND POLICE DEPARTMENT MONTHLY REPORT - DECEMBER 1992 II. III. IV. INVESTIGATION The investigators worked on five child protection cases and four criminal sexual conduct issues. Other cases investigated include snowmobile thefts, assault, NSF checks, burglary, robbery, harassing communications, arson, and violation of a restraining order. Major cases included 2 death investigations and a barricaded suspect situation. Formal complaints were issued for minor consumption, worthless check, and failure to yield to a pedestrian. Personnel/Staffing The department used approximately 77 hours of overtime during the month of December. Officers used 10 hours of comp-time, 70 hours of vacation, 25 hours of sick time, and 32 holidays. Officers earned 35 hours of comp-time. Jason Swensen was hired in December and fills the position vacated when Off. Todd Limond left to take a job with Minnetonka Police. ~raining Inv. Truax attended training in child abuse investigation. Officer Huggett continued in the Wilson Leadership course. Officers also received training in emergency medical technician. Police Reserves The Reserves donated 285 hours during the month of December. OFFENSES REPORTED CLEARED UNFOUNDED DECEMBER 1992 EXCEPT. CLEARED BY CLEARED ARREST ARRESTED ADULT JUVENILE pART I CRIME~ 0 Homicide 0 0 0 Criminal Sexual Conduct 2 0 0 0 Robbery 0 0 0 0 Aggravated AssauLt 2 0 0 1 BurgLary 2 0 1 0 Larceny 16 0 0 0 VehicLe Theft 4 0 0 0 Arson 2 0 0 0 TOTAL 28 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 PART II CRIMES 0 0 ChiLd Abuse/NegLect 4 2 0 Forgery/NSF Checks 3 0 0 0 2 Criminal oemage to Property 9 0 0 0 0 Weapons 0 0 0 0 0 Narcotics 0 0 0 0 0 1 0 0 I 1 Liquor Laws 6 6 DWI 6 0 0 SimpLe AssauLt 1 0 0 0 0 Domestic AssauLt 3 0 0 1 1 Domestic (No AssauLt) 5 0 0 0 0 4 0 2 0 0 Harassment 2 0 Juvenile Status Offenses 3 0 1 PubLic Peace 0 0 0 0 0 0 Trespassing 1 0 1 0 ALL Other Offenses 1 0 0 1 1 TOTAL 41 11 11 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 PART !11 & PART !~ Property Damage Accidents 14 Personal Injury Accidents 3 Fatal Accidents 1 Medicaks 37 Animal CompLaints 77 Mutual Aid 13 Other Genera[ Investigations 683 TOTAL 828 Her~epin County ChiLd Protection 5 TOTAL 902 12 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 DECEMBER 1992 ADULT 6 4 0 7 0 28 0 0 21 1 2 0 0 0 1 0 0 95 0 3 1 1 0 175 JUV 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 MOUND POLICE DEPARTMENT MONTHLY REPORT DECMEBER 1992 WARNINGS NO Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Warrant Misdemeanor Warrants ADULT 14 8 6 0 2 8 0 0 0 2 4O 3 21 JUV 2 2 0 0 0 0 0 0 0 0 4 0 0 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT DECEMBER 1992 GENERAL ACTIVITY SUMMARY THIS MONTH Hazardous Citations 35 Non-Hazardous Citations 36 Hazardous Warnings 9 Non-Hazardous Warnings 23 Verbal Warnings 98 Parking Citations 95 DWI 6 Over .10 4 Property Damage Accidents 14 Personal Injury Accidents 3 Fatal Accidents 1 Adult Felony Arrests 3 Adult Misdemeanor Arrests 32 Adult Misdemeanor Citations 0 Juvenile Felony Arrests 1 Juvenile Misdemeanor Arrests 2 Juvenile Misdemeanor Citations 1 Part I Offenses 28 Part II Offenses 41 Medicals 37 Animmal Complaints 77 Other Public Contacts 683 YEAR TO DATE 710 323 138 421 1,143 557 64 45 84 21 1 52 417 113 48 95 45 340 712 289 896 6,983 LAST YEAR TO DATE 835 280 32 450 1,273 341 79 51 96 33 0 60 310 8O 25 62 49 356 712 318 1,105 6,503 TOTAL 1,229 Assists 140 Follow-Ups 31 Henn. County Child Protection 5 Mutual Aid Given 13 Mutual Aid Requested 6 13,497 896 299 59 142 55 13,050 631 164 5O 123 46 RUN: PRO03 PRO(~ TYPE 5-JAN-93 PROP INCIDENT SEQ TYPE DESC NUMBER NO NO INSTALLATION NAME -- MOUND POLICE DEPARTMENT ENFORS PROPERTY - STOLEN/RECOVERED 11/26/92 THRU 12/31/92 DATE STOLEN OATE STOLEN VALUE RECOVERED RECOVERED VALUE PAGE AUTO/TK BIKE CLOTH CLOTH CLOTH CLOTH CONSUM SNO/ATV SNO/ATV SNO/ATV SPT E~P CURNCY MV PRTS EQP TLS EQP TLS ALL OTR ALL OTR ALL OTR ALL OTR BICYCL SNOgMO SNOgMO SNOUMO 92002164 92002150 92002024 92002031 92002097 92002164 92002027 92002131 92002137 92002170 92002130 92002026 92002067 92002032 92002166 92002027 92002056 92002078 92002086 12/27/92 $17,000 12/29/92 12/23/92 $75 12/23/92 11/30/92 $108 12/01/92 12/02/92 $150 12/14/92 $85 12/27/92 $505 12/29/92 11/30/92 $75 12/09/92 12/21/92 $4,000 12/31/92 12/21/92 $2,100 01/01/93 12/28/92 $7,000 12/21/92 $150 11/30/92 $640 12/09/92 $10 12/02/92 $115 12/27/92 $150 11/30/92 $30 12/09/92 12/05/92 $10 12/08/92 $28 12/12/92 $15 $17,000 $75 $108 $505 $75 $4,000 $2,100 $30 TOTALS: $32,246 $23,893 Run: 5-Jan-93 17:02 CFS08 Primary ISN's on[y: No D~ Reported range: 11/26/92 - 12/31/92 'ange each day: 00:00 - 23:59 How Received: A(l Activity Resutted: All Dispositions: All Officers/Badges: AIl Grids: All Patrol Areas: All Days of the week: Ali MOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 9001 J-SPEEDING 9006 TEST REFUSAL 9010 BAC OVER .10 9014 STOP SIGN 9016 FAILURE TO YIELD EXHIBITION DRIVING 9032 NO PASSING 9036 OBSTRUCTED VISION 9040 NO SEATBELT 9100 PARKING/ALL OTHER 9140 NO PARKING/WINTER HOURS 9200 DAS/DAR/DAC 9210 PLATES/NO-IMPROPER-EXPIRED 28 1 2 4 2 1 1 1 2 1 8 87 ? 21 1 1 2 1 ? 2 1 1 9220 NO INSURANCE/PROOF OF 9240 CHANGE OF DOMICILE 9309 FOUND/RUNAWAY 9312 FOUND ANIMALS/IMPOUNDS 9313 FOUND PROPERTY 9 FOUND VEHICLES/IMPOUNDED 9410 FATAL ACCIDENTS 9420 DERELICT AUTO Page Run: 5-Jan-93 17:02 CFS08 Primary lSN's only: No Date Reported range: 11/26/92 - 12/31/92 Time range each day: 00:00 - 2]:59 How Received: AIl Activity Resutted: ALL Dispositions: At[ Officers/Badges: ALt Grids: At[ Patrol Areas: AL[ Days of the week: AIl MOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9430 PERSONAL INJURY ACCIDENTS 2 9440 H/R PERSONAL INJURY ACC. 1 9450 PROPERTY DAMAGE ACCIDENTS 14 9562 CAT BITES 1 9566 ANIMAL ENFORCEMENT TICKETS 3 9700 MEDICAL/SU 1 9710 MEDICAL/ASU 3 9730 MEDICALS 30 9731 MEDICALS/DX 2 9732 MEDICALS/CI 1 9800 ALL OTHER/UNCLASSIFIED 3 9801 DOMESTIC/NO ASSAULT 5 9900 ALL NCCP CASES 5 9904 OPEN DOOR/ALARMS 8 9930 HANDGUN APPLICATION 5 9944 UNWANTED GUEST 1 9945 SUSPICIOUS PERSON 1 9980 WARRANTS 24 9990 MISC. VIOLATIONS 1 9992 MUTUAL AID/8100 4 9993 MUTUAL AID/6500 4 9994 MUTUAL AID/ ALL OTHER 4 Page m ~ Run: 5-Jan-93 17:02 CFS08 Primary lSN~s on[y: No Dar ~oorted range: 11/26/92 - 12/31/92 Ti~. ~ge each day: 00:00 - 23:59 How Received: AIl Activity Resulted: Dispositions: AIl Officers/Badges: AIl Grids: AIl Patrol Areas: AIl Days of the week: AIl MOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE DESCRIPTION NUMBER OF INCIDENTS 9996 MUTUAL AID/NARCOTICS A3255 ASLT 3-SUBSTANTIAL INJURY-HANDS ETC-CHLD-ACQ A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5501 ASLT 5-THRT BOOILY HARM-NO WEAP-ADLT-FAM A5502 ASLT 5-THRT BOO ILY HARM-NO WEAP-ADLT-ACQ Ag( ERROR'THRT INFLT PRO DM'EXPLO INCEN-UNK RELAT 84430 BURG 4-UNOCC RES NO FRC-D-UNK WEAP-UNK ACT BURG 4-AT FRC RES-D-UNK WEAP-UNK ACT FORGERY-MS-UTT POSSESS PLACE-CHECK-PERSON ARSON 1-UNINHB-NO WEA-SG RESID-$20000 MORE ARSON 3-FE-UNK COND-MTR VEN-$10000-$19999 CRIM AGNST FAM-MS-NEGLECT OF A CHILD TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR CSC 1-UNK ACT-PARENT-UNDER 13-F CSC 3-UNK ACT-ACQUAINT-16-17-F LIQUOR - OTHER JUVENILE-RUNAWAY JISTURB PEACE-MS-HARRASSiNG COMMUNICATIONS OBSENITY-MS-OSSCENE LETTER ETC-ADULT PROP DAMAGE-FE-PRIVATE-UNK INTENT 1 1 2 2 1 1 1 1 1 2 1 1 2 2 4 1 1 1 3 3 1 1 B4930 C3211 :1211 :3082 3060 2500 3500 1021 ;075 199 35O 1. ?72 i10 Page 5-Jan-93 17:02 CFS08 Primary ISN's only: No Date Reported range: 11/26/92 - 12/31/92 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: ALL Officers/Badges: Grids: All Patrol Areas: All Days of the week: All ACTIVITY COOE DESCRIPTION P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT P3310 TRESPASS-MS-PRIVATE-UNK INTENT TC021 THEFT-501-2500-FE-BUILDING-MONEY TEO02 THEFT-OTHER-FE-UNKNO~N-SERVICES TG029 THEFT-LESS 200-GM-BUILDING-OTH PROP TG059 THEFT-LESS 200-GM-YARDS-OTH PROP TG061 THEFT-LESS 200-GM-MAILS-MONEY TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP U3028 THEFT-MS-ISSUE IdORTHLESS CHECK-200 OR LESS U3288 THEFT-MS-SHOPLIFTING-200 OR LESS U3289 U3499 VA021 VA024 Y3230 THEFT-MS-SHOPLIFTING-35000'OR MORE THEFT-MS-BICYCLE-NO'MOTOR-35000'OR'MORE VEH-MORE THAN 2500-FE-THEFT-AUTO VEH-MORE THAN 2500-FE-THEFT-SNO~MOBILE CRIM AGNST GOVN-MS'ESCAPE TAX-MTR VEH MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 8 1 1 1 2 7 1 1 1 1 1 1 1 3 1 **** Report Totals: 370 Page Run: 5-Jan-93 14:55 OFF01 M(TJND POLICE DEPARTMENT Primary ISN~s on[y: No Enfors Offense Report Dar~ ' ~orted range: 11/26/92 - 12/31/92 Tir~ .~ge each day: 00:00 - 23:59 OFFENSE ACTIVITY DISPOSITIONS Dispositions: Att Activity codes: AIl Officers/Badges: Grids: Alt Page ACT ACTIVITY ..... OFFENSES CLEARED .... CODE DESCRIPTION OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED A3255 ASLT I-SUBSTANTIAL INJURY-HANDS ETC-CHLD-ACQ 1 0 1 0 0 1 0 1 100.0 A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM 2 0 2 1 1 0 0 1 50.0 A5354 ASLT 5-INFLICTS ATTEMPTS HRM-I~ANDS-CHLD-FAM 2 1 1 1 0 0 0 0 0.0 A5501 ASLT 5-THRT BOOILY HARM-NO 14EAP-ADLT-FAM 1 0 1 1 0 0 0 0 0.0 A5502 ASLT 5-THRT BOO[LY HARM-NO t4EAP-ADLT-ACQ 1 0 1 1 0 0 0 0 0.0 A9660 TERROR-THRT INFLT PRO DM-EXPLO INCEN-UNK RELAT 1 0 1 1 0 0 0 0 0.0 B4430 BURG 4-UNOCC RES NO FRC-D-UNK 14EAP-UNK ACT 1 0 1 0 0 0 1 1 100.0 ]4~ URG 4-AT FRC RES-D-UNK I~EAP-UNK ACT 1 0 1 1 0 0 0 0 0,0 :3211 FORGERY-MS-UTT POSSESS PLACE-CHECK-PERSON 2 0 2 2 0 0 0 0 0.0 '1211 ARSON I'UNINHR~NO 14EA-SG RES[D-S20000 MORE 1 0 1 1 0 0 0 0 0.0 3060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD 1 1 0 0 0 0 0 0 0.0 2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR 2 0 2 0 2 0 0 2 100.0 3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 4 0 4 0 4 0 0 4 100,0 1021 CSC 1-UNK ACT-PARENT-UNDER 1]-F 1 0 I 1 0 0 0 0 0.0 ;0?5 CSC 3-UNK ACT-ACQUAINT-16-1?-F 1 0 1 1 0 0 0 0 0.0 199 LIQUOR - OTHER 1 0 1 0 1 0 0 1 100.0 350 JUVEN I IE-RUNA~/Ay 3 0 3 0 0 2 1 3 100.C 190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 3 0 3 2 0 0 1 1 33.3 772 OBSENITY-MS-OBSCENE LETTER ETC-ADULT 1 0 1 0 0 0 1 1 100.0 10 PROP DAMAGE-FE-PRIVATE-UNK INTENT 1 0 1 1 0 0 0 0 0.0 .~ROP DAMAGE-MS-PRIVATE-UNK INTENT 8 0 8 8 0 0 0 0 0,0 TRESPASS-MS- PR I VATE-UNK INTENT 1 0 1 0 0 0 1 1 100.0 THEFT-501-2500- FE-BUI LD i NG.MONE¥ 1 0 1 1 0 0 0 0 0.0 Run: 5-Jan-93 14:55 OFF01 Primary ISN~s onty: No Date Reported range: 11/26/92 - 12/31/92 Time range each day: 00:00 - 23:59 Dispositions: Att Activity codes: All Officers/Badges: Grids: ALl MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS OFFENSES UN- ACTUAL REPORTED FOUNDED OFFENSES ACT ACTIVITY PENDING CODE DESCRIPTION .................. Page 2 TEO02 THEFT-OTHER-FE-UNKNO~N-SERVICES TG029 THEFT-LESS 200-GM-BUILDING-OTH PROP TG059 THEFT-LESS 200-GM-YARDS-OTH PROP TG061 THEFT-LESS 200-GM-MAILS-MONEY TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP U3028 THEFT-MS-ISSUE I~THLESS CHECK-200 OR LESS U3288 THEFT-MS-SHOPLIFTING-200 OR LESS U3289 THEFT-MS-SHOPLIFTING-35000-OR MORE U3499 THEFT-MS-BICYCLE-NO-MOTOR-35000-OR'MORE VA021 VEH-MORE THAN 2500-FE-THEFT-AUTO VA024 VEH-MORE THAN 2500-FE-THEFT-SNO~OBILE Y3230 CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED 0 1 1 0 0 2 2 0 0 7 7 0 0 1 1 0 0 1 1 0 0 1 1 0 0 1 1 0 0 1 1 0 0 1 1 0 0 1 1 0 0 3 3 0 0 1 0 1 0 0 0 0.0 0 0 0 0.0 0 0 0 0.0 0 0 0 0.0 0 0 0 0.0 0 0 0 0.0 0 0 0 0.0 0 0 0 0 0 0 0 0.0 0 0 0 0.0 0 0 0 0.0 0 0 1 100.0 **** Report Totats: 62 2 60 43 9 3 5 17 28.3 HOUND POLICE RESERVES MONTHLY REPORT DECEMBER, 1~.~.~ [_~ETA!LS_ NAME EMER RES COP~I H/F TRAIN INSTR RIDE MEET- C/O SQUAD SERV BALL ING TION ALONG ADMIN ING TOTAL Fo::..-:, J i m - - 2.0 1.0 - Ge y e n - - 4.0 :::. 0 _ - "' - 15.0 1.0 1 '.-?. 0 Fo::<:, K _ - 3·0 - - - 15.0 1.0 23.0 Nor t on 5.0 - 2.5 - - - 15.0 1.0 1 '.-?. 0 Liljeberg _ - _ _ - - - 15.0 1.0 23 5 Lyng - - o.5 _ - - 15.0 - 1.=. 0 A1 lee _ = - - _ '- ' - - _ _ - 1.0 3.5 Berent 1.5 - 8.o 7.5 - - - - 0 Cole _ - - - _ - '2.0 11.0 _ _ - 1.0 18.0 Fleming - /--,.5 - - - 1.0 14.c) Haarstad - 15.5 2.0 - - 6.5 Maas 5.0 6.5 6.0 2.0 - - - 17.5 Nassett - - 18.0 1 0 I 0 3'.-?.5 - - t?. 0 - ' · Nelson, S. - 10.0 - - - 1.0 1.0 11.0 '~unel i I. 0 - 14.0 - - - 10.0 -~num - _ - - :--:4.5 15.0 1 · 0 ~,5.5 Swenson _ - - - - _ Erdman _ - - - _ - Ringate _ _ - - - _ _ - - - - - 0 TOTAL 12.5 :B:--:. 5 4/_-,. 0 :2::E:. 5 0 0 52. 5 92 0 10.0 '-"-. = · ' ~-.=,.J. 0 M__ONT~ y ACT I___V I T I ES AC T I VE RE.SE~yE___~S Ride Alongs ~ ~1~ F-----]'eming R22 Haarstad, p. Meetings RI Fo::.=:, d. R24 Maas, d. Transports R3 Fox, K. R2 Geyen, I. Reserve Squad R54 Erdman, T. R55 Nassett, S. Hockey Games RIO Nelson, S. R5 Norton, L. Dances Rll Qunell, D. R5'~ Berent, T. Sleigh Ride R4 Liljeberg, R. R17 Cole, F'. Oral Board R57 Lyng, L. Accident Reconstruction · Crime Prevention CITY of MOUND January 5, 1993 TO: MAYOR~ CITY COUNCIL AND CITY MANAGER FROM= JOEL KRUMM, LIQUOR STORE MAN~GER ~/(, RE= DECEMBER MONTHLY REPORT - 1992 It is over! It is finally over! I can now relax and enjoy a sense of sanity that has been missing for over a month. I can hardly wait until I retire, or am out of this business, so that I can appreciate the holidays like the rest of the general public. Our holiday sale that ran the last two weeks of the month and that was advertised in the LakeK, was a huge success. Gross receipts for the month were $144,882. That is a 17% increase over December of 1991. It was also the biggest month ever in the history of the store by $17,000! We also had our biggest day ever on New Year's Eve. Sales were $18,363. That smashes last New Year's Eve sales by 19% when receipts were $14,746. Sales for the entire year were up 6% over 1991, but I will get more into depth with that in my annual report. We were closed New Year's Day and took our inventory on Sunday, January 3rd. Nothing out of the ordinary to report on that subject. Seems to get easier every year though. I suppose practice makes perfect. That's it. No need to look back and rest on our laurels. 1993 is here and there are bigger and better things ahead. JK:ls CITY of MOUND DATE: TO: FROM: SUBJECT: MEMORANDUM January 7, 1993 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~"'~ - DECEMBER &992 MONTHLY REPORT ~ONSTRUCTION ACTIVITy In December there were 15 building permits issued, four of which were new dwellings, for a value of $533,692 capping off 1992 total construction valuation at $4,902,210 which makes our biggest year since 1988. Look forward to more details in my annual report. There were 19 plumbing, mechanical, and miscellaneous permits issued for a total of 34 this month. PLANNING AND ZONINC The public hearing for the proposed PDA, Teal Pointe in the Whipple Addition, was reviewed by the Planning Commission and City Council and has been continued for further review by the Council. A minor subdivision at 1720 Dove Lane was denied. We are currently working the conditional use permit request for Headliners Bar and Grill at the site of the old Jock Club, along with a street vacation request on a portion of Windsor Road. A special council meeting was set for December 17 to hear two variance requests. Work continues on the zoning code modifications and shoreland management ordinance. TRAINING & MEETINGS I attended the regular monthly Building Officials Meeting. JS:pj printed on recycled paper 2,740,38,1 140,119 114,374 1,841,612 Tots] Flmily Unltl SIOENTI&~ Noe~FImlly 424,240 , ~,~Mtsc Remodel TOTA~ 106,352 2,100 1,000 3,100 .533,692 122,351 57,232 320,217 4,902,210 Vw ?e D~ ? I 7 15 { 15 534' 'dAY'A,DC, D ROAD ,M(_',_~,,D MINNESOTA 55364 January 6, 1993 TO: FROM: RE: CITY COUNCIL CITY MANAGER FRAN CLARK, CITY CLERK DECEMBER 1992, MONTHLY REPORT There were two meetings in December with agendas, minutes and resolutions to prepare. I prepared the renewal notices for the licenses that will be expiring at the end of February. I have all the licenses scheduled on the computer for certain dates and specific meetings. There is an IIMC Region 6 Meeting coming up in January in La Crosse, Wisconsin, that myself and the director from Wisconsin are in charge of conducting. We will be reporting on the Mid-Year IIMC Board Meeting that was held in New Orleans in November. The Cemetery Map was updated with all the changes that took place in 1992. I entered all the minutes from 1992 into the Clerk's Index Program on my computer. This really works slick when you need to find something later, just a few key strokes and you have the information. New files were made for 1993. I am continuing to work on the Ordinance Book and enter it into the computer when time allows. Eventually it will all be on the computer and much easier to update in the future. fc 07-Jan- 93 TO: FROM: RE: MAYOR, CITY COUNCILAND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR DECEMBER FINANCE DEPARTMENT REPORT INVESTMENTS Balance: Bought: CP 4.08 Matured: CP 3.93 CMO The following is the December investment activity: December 1, 1992 Shearson Due 01-19-93 Shearson Dain Bosworth $5,134,266 994,667 (199.143) (77,098) Balance: December 31, 1992 $5,852,692 Joyce Nelson Joyce Nelson has joined the finance department. She is replacing Lois Sandquistwho retired on December 1, 1992. Joyce will also continue her involvementwith the recycling program. I am sure that she has the enthusiasm and the talent necessary to perform her new duties with excellence. Other Activity December was a busy month for the finance department: - In payroll employee retirements and new hired had to be set up. - Information concerning insurance was updated. - Numerous calls from banks and investment institutionshad to be dealt with. - Reports relating to the approved budget were submitted to the State Department of Revenue and to the State Auditor. - Finally, everybody was kept busy with preparing for the closing of the financialyear 1992. I CITY of MOUND PARKS DEPARTMENT DECEMBER 1992 MONTHLY REPORT parks With the 1993 budget being approved I have made contacts with playground equipment companies for the improvements at Three points Park. I hope to have a plan soon for the exact type of equipment and an order to the company before the end of February. I have already contacted the Minnesota Tree Trust, who helped up in the past, to install the new equipment in May. Hopefully, with no delays we can have the equipment ready for use by June. The bid specs were put together for the new 1993 one ton dump truck and bids are due for opening on January 25, 1993. The 1978 one ton will be going to auction in the spring, so by ordering now I will be sure to have a truck for use by May. Docks Ail dock applications for 1993 have been compiled and mailed. As in the past, we generally do not receive the majority of them back until the end of February. When applications are received during the month of March there is a $20 late fee and if they wait until April then they chance loosing the site. Skating Rinks The three rinks, Three Points, Highland, and Philbrook, did not get a good start with the weather until late December. Normally we are able to keep ice through January and February with no problems as long as the weather does not get too cold, so as to cause the flooding hoses to freeze. Trees Without a good frost until late December, we could not look at removing some of the trees we left for the winter season. We do this on trees that are not an immediate hazard and if we wait till there is frost we can get to them by the lake or across a lawn area without doing any damage. JF:pj ~ prlntedonrecycledpaper I ;3 TI{IS LAST %HIS' YEAR LAST YEAR MONTH M~ TO DATE TO DATE MONTH OF DECEMBER ] qq2 NO. OF CALLS 50 43 486 463 -- FIRE 13 7 104 82 MOUND 18 17 165 170 FIRE 0 2 13 12 MINNETONKA BEACH ~GENC_Y, 2 O 6 9 FIRE 0 1 16 28 MINNETRISTA EMERGENCY 4 5 40 35 FIRE 2 2 24 28 ORONO 18 ~ERGENCY 1 2 21 FIRE 0 1 3 1 .. SHOREWOOD ~M~IRGENCY 0 0 1 1 FIRE 5 2 33 35 SPRING PARK I~.'~--'RGI~'Y 5 4 56 39 FIRE 0 0 4 5 MUTUAL AID ]~1~ 0 0 0 0 .... TOTAL FIRE CALLS 20 15 197 194 TOTAL EMERGENCY CALLS 30 28 289 269 COb~RCiAL 2 0 14 6 .... RESIDENTIAL 9 9 75 69 INDUSTRIAL 0 0 1 2 GRASS & MISCELLANEOUS 2 2 38 45 AUTO 3 0 16 8 FALSE ALARM / FIRE ALARMS 4 4 53 59 NO. OF HOURS FIRE 424 246 2789 2240 MOUND ~M]~GENCY 332 308 3190 3317 TOTAL 756 554 5979 5557 FIRE 0 38 216 287 - MTKA BEACH E~ERGENCY 25 0 115 162 TOTAL 25 38 331 449 , , FIRE 0 13 429 804 - M' TRISTA M.~IRGENCY 80 93 750 655 TOTAL 80 106 1179 1459 FIRE 42 35 469 588 .,. ORONO M~D~RGENCY 42 51 467 361 TOTAL 84 86 936 949 FIRE 0 8 134 8 , , , - SHOREWOOD ~4fIRGENCY 0 0 16 15 TOTAL 0 8 150 23 .... FIRE 103 53 683 809 - SP. PARK ~G]R~~f 91 101 1164 568 TOTAL 194 154 1847 1377 ,,, FIRE 0 0 220 360 - MUIUAL AID EMERGENCY 0 0 0 0 TOTAL 0 0 220 360 165 162½ 2040 1990 TOTAL DRILL HOURS TOTAL FIRE HOURS 569 393 4940 5096 TOTAL EMERGENCY HOURS 570 553 5702 5078 1139 946 10,642 10,174 TOTAL FIRE & EM~GENCY }K)URS bIUTUAL AID RECEIVED 0 0 3 5 MUTUAL AID GIVEN 0 O 4 5 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF DMZ~ER 1992 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 12/14 12/21 1 JEFF ANDERSEN X X 2 19.00, 2~ 48 6-CD 288.00 2 GREG ANDERSON (~ X 1 9.50 0 34 6.CD 204.00 3 JERRY BABB X X 2 19.00 2 20 6.CD 120.00 4 DAVID BOYD X X 2 19.00 2% 3_1 fi.CD 186.00 5 DON BRYCE X X 2 19.00 0 35 6.50 227.50 6 SCOTt BRYCE X X 2 19.00 1b 29 6.00 174.00 7 DAVE CAR! .qON ~ 1 1 9.50 2% 28 6.00 168.00 8 JIM CASEY X X 2 19.00 0 45 ~.00 270.00 9 STEVE COLLINES X X 2 19.00 2 30 ~,OO 180.00 10 RANDY ENGELHART X X 2 19.00 Ib 24 6.00 144.00 11 STEVE ERICKSON X X 2 19.00 2 37 6.00 222.00 12 PHIL FISK X X 2 19.00 0 9 6.00 54.00 ... 13 GERALD GARVAIS X X 2 19.00 2 26 6.00 156.00 14 DAN GRADY (~ X 1 9.50 0 45 6.00 270.00 15 KEVIN GRADY X X 2 19.00 2 42 6.00 252.00 16 CRAIC, HFNnkm.~4-~ X X 2 19.O0 1 47 6.00 282.00 X X 2 19.00 2½ 32 6.00 192.00 17 ?AiTL 18 DRAD TAND.qMAN ~_ X i 9.50 6 29 6.00 174.00 19 i~ON MAR.c~-~m~. X X 2 19.00 0 35 6.25 218.75 20 JO~N NA~]S ~ X 1 9.50 0 33 6.00 198.00 21 JAM~S N~ ~-~ X 1 9.50 4½ 30 6.00 180.00 22 MARV NET.~ON ~-~ X 1 9.50 0 11 6.00 66.00 23 BRET NICCUM X X 2 19.00 3 28 6.00 168.00 24 GREG PALM X X 2 19.00 1 28 6.00 168.00 25 MIKE PALM X X 2 19.00 2½ 40 6.00 240.00 26 TIM PAlM X X 2 19.00 2 34 6.00 204.00 27 GREG PEDERSON X X 2 19.00 2 25 6.00 150.00 28 TONY RASMUSSEN X X 2 19.00 0 31 6.'00 186.00 29 MIKE SAVAGE X X 2 19.00 7½ 19 6.00 114.00 30 KEVIN SIPPR~.L X X 2 19.00 2 36 6.00 216.® 31 RON STAI~ X X 2 19.00 5½ 28 6.00 168.00 32 TOM SWENSON X _ X 2' 19.® 0 ... 33 6.00 198.00 33 WM SW~SON ~ X 1 . 9.50 0 23 6.00 138.00 34 ED VANECEK X X 2 19.00 2 39 6,00 234.00 ~ RICK WILLIAMS X X Z ]q.OO 15 27 6.00 162.00 36 TIM WILLIAMS ... X × 2 19.00 2 25 6.00 150.00 37 DENNIS WOYTCKE X × 2 19.00 1% 23 6.00 138.00 I(TrA~ 72½ 92½ 165 627.00 80½ 1139 ~ 6,860.2, 165 I~THS 627.0 8~ MA~ 1,167.0 ~DrAL 8,654.2 MOUND FIRE DEPAR~IENT 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 Ptm}per Operation Fire Streams & Friction Loss }~use Burnings Natural/Propane Gas Denms. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliance Hours Training Paid : ~ Excused X Unexecused 0 Present / Not Paid Miscellaneous : PERSONNEL 2~/~J. Andersen ~.~G. Anderson J. Babb ~-f~D. Boyd ~__~D. Bryce S. Bryce ~__I~D. Garlson J. Casey S. Collins R Emgelhart  S. Erickson P Fisk ~/~J. Garvais ~_~] 6rady 6rady 2-~-~C · Henderson ~YzP. Henry ~-~ R' Landsman · Marschke 0 J. Nafus I~ J. Nelson ~_~M. Nelson B. Nicctma ~/~. Palm 2~/~M. Palm T. Palm G. Pederson T. Rasmussen M. Savage K. Sipprell ~ R. Stallman ~ T. Swenson W. Swenson E. Vanecek R. Wi 11 i,'uns ~T. Williams ~I). Woytcke D R I L L MOUND FIRE DEPARTMENT scip]£ne 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 REPORT Date D~"F.. Z lI 1997. 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 0 Present / Not Paid ,z-,z-lz 2~J.Andersen ~-~7~-zG.Anderson J.Babb D.Boyd D.Bryce _~=S.Bryce D.Car]son J.Casey S.Co]]ins ~---~--~ R.Eng]ehart 2~ S.Erickson .2~_P.Fisk PERSONNEL J.Garvais D.Grady K .Grady C. Henderson P.Henry ~ ~7~B. Landsman _~ ~/~-R · Ma r schke ~-/~-J. Nafus J. Ne ! son M.Ne]son _~-/~ B. Niccum Z~/~ G.Palm -~-~-~ M. Pa ] m ~//~T.Palm Z_~,~G.Pederson T.Rassmusen ~M.Savage ~---~-~K.Sippre]! ~-~--_~-__R.Stallman .~Y~-T.Swenson Z~z~W.Swenson ~-~-;/~E.Vanecek .Wi I l isms MOUND FIRE DEPARTMENT TOTAL MAINTENANCE FOR MONTH OF J. ANDERSEN ~) G. ANDERSON ~,~ J. BABB ,~ D. BOYD (%) D. BRYCE //~ S. BRYCE ~,~ D. CARLSON D J. CASEY ~, S. COLLINS /.~. R. ENGELHART ~ S, ERICKSON .~ P. FISK . ,~ J. GARVAIS ~ D. GRADY ~ K, GRADY . / C. HENDERSON __~:~ r. HENRY ~ B, LANDSMAN ~ R. MARSCHKE MEN ON DUTY fO J. NAFUS x/~ J. NELSON O M. NELSON ___~ B. NICCUM / G. PALM __~M. PALM , ~ G. PEDERSON ~) T. RASMUSSEN ' ~A M. SAVAGE ~. K. SIPPRELL ,_%~ R. STALLMAN ~ T. SWENSON ~. W. WILLIAMS ~. E. VANECEK /~ R. WILLIAMS ~ T. WILLIAMS ~ //~ D. WOYTCKE TOTAL blONTHLY HOURS BOARD MEMBERS David H Cochran. Chair Greenwood Tom Reese, Vice Chair Mound Douglas E. Babcock, Secretary Spring Park J. P. Boswinkel, Treasurer Minnetonka Beach Scott Cadson Minnetrista Albert (Bert) Foster Deephaven James N. Grathwol Excelsior JoEIlen L. Hurr Orono William A Johnstone Uinnetonka Duane Markus Wayzata George C. Owen Victoria Tom Penn Tonka Bay Robert Rascop Shorewood Robert E Slocum Woodland LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEHONE 612473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR JAN 5 1993 TO: MOUND CITY COUNCIL DATE: JANUARY 4, 1993 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: NOVEMBER/DECEMBER REPORT - LMCD 1.0 Eurasion Wi~tcrmilfoil Task Force, 1.1 The independent evaluation report required by the Lake Management Plan was received this month. Evaluator was Robert Pierce, a person of some experience in these matters. The report was generally favorable toward the LMCD program and contained no unanticipated information. Its recommendations will aid in the continuance and expansion of the program. 1.2 Concern by the DNR on the manner of using ~uofidonc (Sonar) to control EWM has resulted in the indefinite suspension of the planned trial use in St Albans Bay. Three test enclosures in target lakes where there exists an inventory of present species is the cu~ent Flan. There is a chance that St Albans could be the site for one of these enclosures, but tl-,is whole approach is suspect. This evaluation could extend the program decision to as late as 1997. Delays of this nature do not Mt well with thc various lake groups. 2.0 Lake Management Plan 2.1 Lake Access. Following the large, public difference of opinion in how the access plan was being conducted, the committee regrouped and is progressing in a more all inclusive manner. F~ur sub committees have been formed to continue '..hz work. They are Steering, Access Siting, /~.a'ements on Spaces, and Funding. Several meetings of these sub committees are scheduled in an effort to move the ~ ork along. 2.2 The Shoreland Ordinances are nearing c,;mpletion. I ~m not certain just where this stands. 2.3 The Biocentric study on l~e usage has i~cn received. · 2.4 A Boating Safety program for lx~rsons convicted of major boating violations has been established. · 2.5 Work is underway in the establishing of a more comprehensive manner of assessing water quality. 2.6 The DNR has drafted an interagency ag,'eement that se~s lLrth the rules of dredging on thc l~tke. The rules as proposed seem lenient enough, but they arc bom~d to c~u:~,2' some controversy. 3.0 Otber__G_~neral ll(/jn_2.s 3.1 Thc i;I;;a to study thc further reduction ii~ allowable boat noise has been tabled until the 1993 boating season when empirical data can be demonstrated. 3.2 The def'mition of navigable water is in the process of being changed from 3 ft to 4 ft. This will have the effect of allowing docks to be constructed under variance out still further into the lake. 3.3 The sunsetting of previously granted Special Density Permits for multiple docks is under consideration. At present, it is possible to obtain a multiple dock permit, and then not construct the docks for years, and not pay any fees. In the meantime, the requirements could change. 3.4 Cochran has called a coordination meeting for Friday January 8th at 7:00AM. It is expected that all mayors and LMCD representatives will attend. 4.0 Mound Specific Items 4.1 The Chapman Place variance was formally denied this month. This seems to contradict some of the work of the Access Committee. 4.2 The non-conforming Parks Dept light on Priest Bay continues to be used. The Parks and Open Space Commission initially indicated strong support for control of light pollution. Mound was asked by the LMCD to lead the way in this effort. I am disappointed that our light is probably the most prominent offending one on the lake, and nothing has been done. If the money cannot be found to change it, at least it could be turned off. The lighting consultant that I supplied is aware of some less costly altematives to capture the light beams by fixture angle and shrouding tha[ought to be followed up. There are about 10 Minnetrista homes just ac~ bss this narrow bay that have to look at that light through all hours of da kness. We are not good neighbors in this regard. ~m Reese Mound Representative - LMCD cc. Gene Strommen LAKE MINNETONKA CONSERVATION DISTRICT Environment Committee AGENDA JAN ? 3993 8:00 am, Tuesday, January 12, 1993 LMCD Conference Room 160 Norwest Bank Bldg, Wayzata Welcome and introductions, Chair JoEllen Hurr Review of 11/10/92 minutes for additions or corrections or accept as mailed. Progress report on proposed ordinance prohibiting use of non-encased molded expanded polystyrene flotation material, per draft proposal of revisions to Orono ordinance under consideration by LMCD Water Structures Committee (per copy enclosed): Trunk Highway 101/Grays Bay Bridge Replacement Environmental Impact Statement (EIS) proposed response to MN DOT, with focus on outcome of public launch ramp: Additional business recommended by the committee: Informational note: LMCD Board approved the committee recommendation that cities and agencies enter into a one-year trial plan to eliminate trash containers at their public access, and engage in an education program to dispose of trash properly. Communication to cities/agencies now underway. Other committee priorities addressing management plan objectives are not ready for consideration at this time. 7. Next meeting -- 8:00 am, Tuesday, February 9/ HAPPY NEW YEAR! LAKE MINNETONKA CONSERVATION DISTRICT Environment Committee Minutes 8:00 am, Tuesday, November 10, 1992 LMCD Conference Room, Wayzata Present: Board members George Owen, Victoria; Dave Cochran, Greenwood; Bob Rascop, Shorewood; Denis Bailey, Hennepin County Lakes Improvement; Jay Blake, Minnetrista; Fred Bruntjen, Excelsior; Carolyn Dindorf, Hennepin Conservation District; Ellen Klanderman, Tom Maple, Minnehaha Creek W~tershed District; Consultant Bob Pierce; E~:ecutive Director Gene Strommen, LMCD. MINUTES. Owen opened the meeting in llurr's absence. committee accepted the 10/13/92 minutes as mailed. WATER QUALITY OBJECTIVES REPORTS: T h ~ a) Managing On-site Septic Systems -- Jay Blake, city planner, reported that the city adopted final regulation~ for on-site septic systems. Minnetrista Ordinance #17~ was circulated. This ordinance governs a small section on the lake from Kings Point Rd. to the Regional Park, about ten homes on three acre lots. Blake added that the western 2/3 of the community is also not served by sewer. This is a ten-acre minimum rural development area. Biennial septic system inspections are required. New developments near the lake will be served by sanitary sewer, including the Carlson and Pahl developments. The entire area around the lake in Minnetrista will be sewered, 100% of that east of Kings Poin[ Road. This will bring the city into compliance with FCA rule~. Blake noted there is evidence that sump pumps are being pumped into sanitary sewers. Plans are to prohibit ~his. Cochran questioned the inflow to Lake M~tonk~ [~om ~× Mile Creek. Blake noted the SL. Paul Bible College the area is now connected to sanitary sewer. Far~ are now required to maintain a 50' buffer from the creek. A local storm water management plan has riot yet been developed. The practice of running storm wate~ down a ditch to the lake is now being replaced by ponding required for new developments. b) Trash Containers -- A staff report on Lhe Flacemen~ Trash Containers at Public Lake Accesse~ ~a? [evie~ed by the executive director. Staff recommend~±¢'n~ 1) Survey cities and Ilennepin County in,.'i~Jng information their annual trash hauling cost~ public accesses. Environment Committee, Minutes, 11/10/92, F. 2 2) Invite response from cities and Hennepin County on how they might view a one-year trial period during which no trash containers would be placed at public accesses. 3) In the event a trial period were acceptable to cities and Hennepin County, arrange for access signsge to enlist cooperation of lake users taking t~'~sh ~zith them. Cities/county would monitor public cooperation on at least a weekly basis to assure trash accumulations do not occur and litter is removed. 4) Hennepin Parks is recognized as having a unique arrangement, its public lake accesses contained within a fully supervised park a~'ea. As 8 result it may prefer to stay with its standard waste disposal system. 5) Review the trial period results at the close of the boating season for a determination on the prospect of continuing the no-container program, or to reinstate trash containers. Retaining smaller 42 gallon trash containers at ~horeline fishing areas and under bridges was recommended by Bailey. County services the container~ frequently. The committee agreed this helps control litter. It was the committee's concensus that cities and llenneptn County should be encouraged to remove trash containers from public accesses on atrisl basis for one se~son, ond that this removal be accomp~nied by ~]~ educ~tlonn]. campaign regarding proper waste disposal when using public lake accesses. c) d) Water Quality Goal -- no report at this time. Independent Evaluation of Eurasian Wster Milfoil Harvesting Program, Consultant Bob Pierce -- The Executive Summary was reviewed by Pierce with attention called to the various charts and graphs. The questionaire results were also discussed. Pierce found mixed responses ss people using the lake reported a great experience, but found milfoil ae~thetic~311y unpleasing. The people surveyed live on the lake '~nd ~,ere contributors to' the " Save the Lake" EWM funding. The Water Quality Report, included as sn appendi×, was volunteered by Pierce as a significant addendum ~o the evaluation. He found that much water quality information on Lake Minneto~ka exists, but that 'it is.not well organized, centralized or reasonably uccessible ~s a l~ke management tool. Environment Committee, 11/10/92, P. 3 Pierce concluded his remarks noting float weed hnrve:~ting and use of more chemicals by lakeshor'e owners are not desirable long-term goals for contro.l.ling EWe1. F~c, rce optimistic that biological controls will evcntuully provide a control compatible with maintaining 'the best lake environment. e) Reduce/tie-up Phosphorus in Sediments to Frevent Use by Aquatic Vegetation -- Maple reported that the ;'~CWD has a capital improvement program in its 1~93 budget to ~ddress this problem. Lake Langdon, Mound, i~ under consideration. Other sediment problems are in Ferry Pond, Maple Plain, and a pond in Excelsior behind the Shorewood Yacht Club which drains into Lake ltinnetonka. Monitoring the water quality before a~,,f ~fter trent,,ent was recommended by Dindorf, Hennepin Conservation Dist. f) Wetland Survey -- Dindorf presented a digitized map of Minnetrista and Orono/Excelsior Township area. Wetlands down to one acre were identified. DHR goeu down to 2.5 acre for protected wetlands. Rascop suggested t],e cities be provided a copy of the map to verify the data being presented. He questioned some of the land use designations, particularly in the Enchanted Island area. Owen thanked Dindorf for the work done to date. PUBLIC HEARING REPORT ON REGULATING UNPROTECTED FOLYT, TYRENE FLOTATION MATERIAL FOR USE IN DOCKS, OTIIER WATER ~TRUCTURE~: The committee reviewed provisions of an O~egon la~ zegul~ting material used and a phase-out time. It iu specific on conditions for encasement of foam material, with Frovii?i¢,ns for making holes for attachment to structu~e~-. EeFlacement of encasement which is damaged was discuzsed, Bailey cautioned that the county would find it p~ohibitive %c, hove to replace a buoy immediately upon having e::terior The interior foam material from buoys gene~a].ly doe~ ,let escape as fragments. Conditions under wh_!ct~ replacement would be required will have to be specified. The committee concurred with the Orono replacement time of 12/31/94. MCWD NOTIFICATION PROCEDURE FOR PARTIES AFFECTEP III THEIR PERMIT PROCESS. Maple reported this is u~,,J~ c,~,n:~i,Je: ntion by the Board of Managers. It does expect to broaden the manner in which notification is made on MCWD COMMITTEE ON USE OF LAKE CHEMICALS WITIIaUT FERIIIT. A committee is being established to address this issu~ according to Klanderman, meeting with DN~ .~nd L~CD November 19. It is concerned about ti,is NEXT MEETING is scheduled for Tuesday, Ja Respectfully submit ted, i']ug~ne Strommcn, Executive Director RECOMMENDED CH~GES TO 0RONO ORDINANCE REGULATING FOAM USE: Styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD Dock Flotation Prohibition. (Delete underline items, add items in CAPS) Subd. 1 . 2) 3) 5) Preamble. The City LMCD hereby determines that: Disintegration of non-encased styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD flotation blocks used in docks, swimming platforms, buoys and other floating structures in the City of Orono LAKE MINNETONKA has led to the disintegrating particles washing up onto THE LAKE SHORE shoreland in Orono in substantial and unsightly quantities, endanKerinR DETRACTING FROM the comfort and enjoyment of the affected property owners. THIS HAS THREATENED THE LAKE ENVIRONMENT AND CAUSED and causing environmental damage and generally unsiKhtly undesirable public conditions. Such disintegration is a natural characteristic of the styrofoam described MOLDED EXPANDABLE POLYSTYRENE BEAD MATERIAL when used for flotation purposes, jn the City limits. Such disintegration is accelerated by the actions of aquatic animals and waterfowl and, in turn, WHICH MAY constitute A a hazard to their well-being. Additional health and safety concerns can occur if such material is subject to EXTREME heat OR FLAME, gasoline or other petroleum products, and The use of non-encased styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD MATERIAL for the purpose mentioned above is PROHIBITED. ~ public nuisance within the meaning of Orono City Code, Chapter 9, Subsection 9.21. Subd. 2. Definition. For the purpose of this §ectlon, Non- encased styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD MATERIAL means any brand of expanded polystyrene beads molded into a block, sheet, billet or other shape which is not completely encased in a permanent FULLY SEALED casing, coating or container THE LIFE OF WHICH WILL AT LEAST EQUAL THE TIME THE WATER STRUCTURE IS INTENDED FOR USE IN LAKE MINNETONKA. SUCH CASING, COATING OR CONTAINER MUST BE capable of withstanding action by ice or other elements, animals and normal activity by users so that disintegration of the molded shapes into smaller chunks or individual beads is prevented. · Subd. 3. Use of Non-encased ~.t3rofoam MOLDED EXPANDABLE POLYSTYRENE BEAD MATERIAL Prohibited. A. It is a misdemeanor (or appropriate LMCD penalty) for any person to use non-encased MOLDED EXPANDABLE etc B. This ordinance shall apply to such uses after the date of the adoption of this ordinance, except when owners of such non-encased styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD MATERIAL who are presently using them in the City LAKE MINNETONKA for purposes forbidden PROHIBITED by this ordinance FOR DOCKS AND FLOATING PLATFORMS may continue to use them for such purposes in existing structures currently containing them until December 31, 1994. (RECONSIDER THIS DATE DEADLINE). This exception does not include repair or replacement of existing styrofoam MOLDED EXPANDED POLYSTYRENE BEAD MATERIAL. BUOYS MADE OF MOLDED EXPANDED POLYSTYRENE BEAD MATERIAL MAY CONTINUE IN USE FOR SUCH PURPOSES UNTIL DECEMBER 31, 1997. IF A NEW BUOY IS INSTALLED IN LAKE MINNETONKA IT MUST COMPLY WITH THIS ORDINANCE IMMEDIATELY. A BUOY WHICH REQUIRES ANY REPAIR MUST BE REPLACED WITH ENCASED PROTECTION DESCRIBED IN SUBD. 2 OR WITH EXTRUDED CLOSED CELL FOAM OR OTHER NON- DISINTEGRATING MATERIAL. 12/29/92 D R A F T January 6, 1993 TO; MCWD Board of Managers MnDOT SUBJ: Trunk Highway 101/Grays Bay Causeway Boat Access The issue of free public access by boat to Lake Minnetonka has prompted a political controversy for over two decades. Various positions have been taken over tha~ ~ime by the State Legislature, the Governor's office, the DNR, the Metropolitan Council, the LMCD, the MCWD, Hennepin Parks, lakeshore cities, riparian owners, fishing lobbies, several task forces, and others. In October, 1991, the I. MCD adopted a Management Plan for Lake Minnetonka which was accepted by the Metropolitan Council. The above stakeholders shared in the development of that plan. One major objective of the Management Plan was to provide 700 parking spaces for cars and their tra'~.lers at existing or new launch sites, and to environmentally upgrade them. As the designated lead agency, the LMCD has formed a task force with representatives of the stakeholders to implement that objective. Progress to date includes consensus on parking standards, and an inventory of existing and planned sites, including a count of potential parking spaces for car/trailer combina'b:i, ons. For the Grays Bay Causeway our current inventory counts the 37 car/trailer spaces and six single car spaces as agreed in the Minnetonka/Wayzata settlement agreement. -2- LMCD POSITION: 'The LMCD requests that at a minimum the Site meet the Parking Standards (which are enclosed) and contain no ].ess than the parking count in the settlement agreement. MnDOT alternative 1.B. appears to mee'b the minimum acceptable solution to LMCD. We fu'rther urge the W~tershed District and other agencies to seek solutions and designs which would yield larger parking counts, while balancing environmental impacts against the public benefi~ of access. An increase in car/trailer parking would require some increase in fill acreage. This would be a benefit to the management goal provided that the need for flood storage be either re-addressed or a satisfactory mitigation found. Alternate 1.D or a comparable solution would be beneficial and acceptable 'bo I..MCD if funding were available. A historical background paper is enclosed to support our position. D R A F:' T BACI/,GR(]UI:ID: GRAYS BAY CAUSEWAY BOA'F ACCESS G I!:_' Iq E R A L H T S '1" 0 R ~ C A I... tF_' X C E R I:' T S In 1982 the Governor,s offic;e appointed a 'task 'force to fliake 'findiil!]S alid 'Pe(2(.3111fllel-!da-[;ioyi,s oil accec, sf~. O}le of illai'ly COQC:IMSiOQS in tl'ieir report aclopted in May, 1983, iclen'bified a I~eed 01'1 warm weel,.'.el'lds 1:'or more a(.'cess for "sma].l boats" and that there ought to be 700 "reliable" parl..'.ing spaces fo'r, ("ar/trailer (C/T) combina'bions at existing or · future access. In February, ].9~3~ that task force adopted resoZu~ion ~h~ch recognized 'bhe need 'for ~mproved expansion of the Grays Bay causeway access as an ove'r'all public benefit, meeting the needs of a regional constituency. The 'r'esolution u'r'ged Minnetonka~ Wayzata, 'bhe MCWD and o't;her agencies -I;o al~p.r, ove a col'lcep'(; desigl-i il'lcorporatil'lg task force recommen~atioi~s il~ the resolution. (See A~;~achmen~ ~.) In 1985 the Metropo].itan Council. forliled a task fo'cce '{;o ~ o o k a t t h e w h o ]. e s p e c t r u m o f L a k e M i n n e t o n k a m a n a g i I'1C ~ U d i n g t h e a c c e s s i s s u e. 1' h e y 'r' e p o r t e (:l i n 1 9 8 6 b a c k 't; o 'bhe Iqe~;rol:)O].J. Cal.i Counei:l.,~ who made re(~omn)e~'ldatzions Sta~e Execu~:i. ve Council. They conf:i, rmed the need for ti C/T spaces~ al'id ca.[.ted 'for 'l;l'le I...HCD to become ~he lead agellcy in managemen'~ of Lake Minlletol~ka and (:lire(:~-{;ed LI~ICI) to p'cepare a Managemen.b I-:'lall. - 2 - 'l'he Management PI. an 'for I...al.:.e I,linne't~orlka was developed with the participation of the above cities and agencies and adopted in (]etcher, 1991. One of the objectives of the plan is to establ~.sh 700 reliable C/T parking at existing or future access ramps. LMCD has subsequently formed a ~ask force made up of all stakeholders to implement that goal. CAUSEWAY HIS'I"ORY EXCERPTS Hennepin County constructed the causeway in 1920 by dredging. Considerable erosion of the area has taken place since. In 1980 Hennepin Parks did a study of the access use at the request of the ci'~;ies of Wayzata and Minnetonka. The access was gene'ca].].y considered to be of REGIONAL ~IGNIFICANCE, and a candidate for improvemen'b- '1'he study observed a maximum of 76 cars and 38 trailers at the tha'b to site on a w~.k~..nd I-~ennepin Parks took the position serve "regional" needs, the site should accommodate a minimum of 80 C/T combinations- A 5/4/8J. memo to MCWD managers from its enginee'c cited a 4/29/81 meeting of concerned agencies. Of significance, the engineer advised that the ])istrict Board of Managers s~.~pported a 1980 concep~ plan by the City of Minne'bonka with 41 user spaces and 1200 cubic yards o'f 'l"ill below L. ake Minnetonka 'flood level. (Attachmen'b B> The MCWI) at. its ~./17/83 meeting approved a concept plan nations and 55 pre.,~..~t~..d by MnDOf wl~ich prol:~OSed 48 C/T combi single cars (computes to '75 equ:i, valent C/Ts) and approxima'bely 20,00~] cub:i.c yards to be dredged and spoils -3 - D and E. Iqote tlqat Attachmelqt E refers to only 15,000 cub:i.c y a r d ~. ) The cities of Minnetonka and Wayza'ba could not agree on any devel, opmenb plan presented by MnDOT or others.. Therefore in June, 1983, they appointed a three-person panel to sa, ek resolution. TIq'ree separate 'repo'rts were issuecl (Sep'bembe'r 28, ].983; February, 1985; and June, 1985. l'o gain acceptance by Wayzata, the final, report wa~;; sca.led down in parking count and fill. area. (It is suggeste.~d '~hat these reports be read by designers and implementing agencies for t.tseft.tl criteria. LMCD has them on file.) In mid 1986 the two cities reached a settlement; agreement, which callCed for 37 C/T parking spacCes a~d six c a r s. DEC 1. 4 1992 LAKE MINNETONKA CONSERVATION DISTRICT 12/11/92 TO: Lake Access Task Force Spokespersons and City/Agency Administrators FROM: SUBJECT: Executive Director Gene Strommen Task Force Report of 12/9/92 Meeting Committee and Subcommittee Organization Meeting Notices The Lake Access Task Force report of 12/9/92 is enclosed along with attachments to support the report. Please look it over at your early convenience to familiarize yourself with the proceedings as reported. Committee/Subcommittees have been confirmed/established for continuing the Task Force work as follows: Steering Committee Access Siting Subcommittee Agreements on Car/Trailer Parking Spaces for Cities/Agencies Subcommittee Access Funding Subcommittee (to work with DNR) If you did not sign up at the 12/9 Task Force meeting, please telephone your committee/subcommittee preference{s) to the LMCD Secretary Lisa Bird° 473-7033, at this time. Meeting dates have been set as follows: Steering Committee 7:00 pm, Tuesday~ December 29, LMCD Conference Rm. Lake Access Task Force 7:00 pm, Wednesday, January 13, 1993 (Place to be confirmed, expect to be Mtka City Hall) ~ropose~ Meetinq (for those preparing to serve): 8:00 am, Friday, January 8, 1993 LMCD Conference Rm. (please confirm your availability by calling 473-7033) DEC 4 1992 LAKE MINNETONKA CONSERVATION DISTRICT December 11 1992 TO: FROM: Lake Access Task Force Participants Task Force Chair Jim Grathwol Executive Director Gene Strommen SUBJECT: Report on LMCD Lake Access Board, Steering Committee and Task Force Actions LMCD 12/2 BOARD ACTIONS ON THE TASK FORCE CHAIR SELECTION. A letter from Orono Mayor Barbara Peterson on behalf of the Orono Council asking for Task Force Chair Jim Grathwol's removal as its chair was deliberated at length. Grathwol acknowledged that his statement concerning the City of Excelsior's position on not wanting a public access requires more care on his part when talking about public access. He also noted that the speed of acting on Task Force access issues is a dilemma as to how fast is fast enough. After a full range of public and board comments, the Board did affirm that Grathwol should continue as chair by an 8 to 4 vote. Chair Dave Cochran had Orono Board member JoEllen Hurr present a letter to the Orono mayor and council at its 12/1 meeting. That letter outlined the Task Force progress to date, but recognized Orono's concern with the chair's service. Cochran offered in that letter to put Grathwol's appointment to a secret ballot of the board. Cochran requested that Orono city officials support the Task Force following the board's decision on Grathwol. That decision favored Grathwol. Cochran followed with a response on 12/8 to the Orono mayor and council regarding its 12/2 letter of concerns. Cochran repeated the board's desire that the Orono mayor and council continue in partnership with the multi-agency Lake Access Task Force to complete the work which is now well underway, much credit of which belongs to Orono officials. LMCD BOARD ACTIONS ON TASK FORCE SUBCOMMITTEE RECOMMENDATIONS The LMCD Lake Access Committee recommended approval of the following Task Force Subcommittee recommendations subject to Lake Access Task Force approval: * Parking Standards, establishing criteria for c/t parking; * Accept an inventory of 755 potential c/t parking spaces; * Prepare an agreement through which cities/agencies will identify car/trailer parking spaces which meet the Parking Standards serving public accesses, with the goal of four cities/agencies signing agreements by 4/15/93. * Call a meeting of the Lake Access Task Force steering Committee prior to the 12/9/92 Task Force meeting to discus~ how to encourage cooperation and move forward with LMCD REPORT TO THE LAKE ACCESS TASK FORCE, 12/11/92, P2 the Task Force lake access objectives. LAKE ACCESS STEERING COMMITTEE. A meeting of 12/8 reviewed six resolutions prepared by the La~e Minnetonka Lakeshore Owner's Association (LMLOA) Board. The resolutions addressed concerns on conduct and role of its chair and the future conduct of the Task Force. Two additional resolutions were added by the Steering Committee, #7 and #8 which were offered to the Task Force at its 12/9 meeting, being adopted as follows: 1. That all actions of the Lake Access Task Force (LATF) will be generated and coordinated through its subcommittees for proper participation. 2. Each subcommittee will set a much more aggressive meeting schedule so that the LATF can meet its goals. 3. Ail meetings, subcommittee or LATF, are considered public meetings and all parties will be given at least seven (?) days advance notice. 4. That the chairperson shall remove himself from his chair position if he cannot go along with the Task Force goals or effects the credibility of the Task Force. 5. The primary function of the chairperson will be to organize and conduct meetings with the intent that all points of view be heard. The chair or any member shall not involve him/herself in stating a policy making position on behalf of the LATF. 6. Major issues and goals shall be conducted under a "best efforts" or concensus process. Procedural or business issues may be conducted by Roberts Rules of Order. 7. A facilitator will serve at all LATF meetings and any subcommittees as requested. 8. The current chairperson will continue. Germanson presented an item he intended to present to the Task Force in response to the Task Force agenda item of the 9/10/92 Subcommittee Supplemental Recommendations. Item "a" calls for continuing the goal of 700 car/trailer spaces and the allocation of those spaces by zone. An LMLOA set of charts dealing with Boat Hours on Weekend Peak Use Days, Shoreline Boat Storage, LMCD Shoreline Boat Count from '79 to '92, and Boat Storage at Multiple Docks broken down by cities and miles of shoreline served as the basis of a case LMLOA suggests calls for a reduction of the 700 car/trailer parking goal for Lake Minnetonka. The Steering Committee did not discuss the report~ but acknowledged it as applicable to that agenda item. LAKE ACCESS TASK FORCE 12/9 MEETING ACTION ITEMS. Chair Grathwol opened with a statement as to his understanding of the responsibilities his roll as chair requires and apologized for statements he has m~de which may have misrepresented the Task Force. LMCD REPORT TO THE TASK FORCE, 12/11/92, p. 3 STEERING COMMITTEE REPORT. The meeting then proceeded with Facilitator Don Buckhout calling for the Steering Committee report of 12/8 as relevant to recent issues raised concerning the Task Force chair and operational procedures of the Task Force. Committee Chair Bert Foster, Deephaven, presented the concerns and resolution as recommended by the Steering Committee, reported on P. 2. The Task Force reviewed the report and accepted it and the eight resolutions as presented by unanimous concensus. PARKING INVENTORY. The inventory dated 10/5/92 which was amended from the 9/10/92 Subcommittee report to reflect the 100 car/trailer spaces at the Hennepin Regional Park, from an earlier count of 40 at W. Upper Lake and 28 at Halsteds Bay, resulted in the discovery of addition errors in the columns. The topic was tabled to correct the errors. It was later reported that the Potential Certifiable c/t spaces should be 735, the Hennepin Regional Park total being amended by agreement with the Park District and City of Minnetrista from 100 to 80 c/t spaces. The Additional Spaces Currently Used on a Regular Basis to 2,000' was also corrected for Zone 5 to total 101 and the Future Additional committed Spaces column was reduced to 100 from 120 by the Regional Park change. The Task Force accepted the inventory on a unanimous concensus as a workable count for potential car/trailer parking spaces, subject to meeting the adopted Parking Standards, and subject to agreements with the cities/agencies within which the existing public accesses are located. DATA GAT}~ERING/STANDARDS SUBCOMMITTEE SUPPLEMENTAL RECOMMENDATIONS OF 9/10/92. The following recommendations were offered for approval to the Task Force: 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 mare a concerted effort to provide their shares of lake access car/trailer parking spaces. The Subcommittee further encourages coordination and cooperation among cities to meet zone goals. LMLOA President Germanson presented data described earlier in the Lake Access Steering Committee report concerning item "a". LMLOA sees boat storage and use emanating from multiple docks including marinas, along with lakeshore residents and public access users as too great as allowed in the agreement for 700 car/trailers for public access. LMLOA opposes adopting the recommendation of continuing the goal of 700 car/trailer spaces. LMLOA legal counsel Chuck Dayton also questioned as outdated a 1980 DNR Commissioner's order establishing as a public access standard one boat per 20 acres of surface water. LMCD REPORT TO THE LAKE ACCESS TASK FORCE, 12/11/92, P4 Markell, DNR, pointed out that new boat density data for Lake Minnetonka is now being assessed as a result of a 1992 study. He confirmed that one c/t parki~g space for 20 acres of water on lakes over 100 acres is still valid today. A 1:40 ratio is used for out state lakes based upon normal use patterns. Cochran pointed out that the 700 car/trailer parking allowance is recognized in the Management Plan for Lake Minnetonka. It is a basic.foundation for public lake access which spans the 1983 and 1986 Task Force studies. LMLOA stated concerns that public boat access will not be reduced as lake use density increases. He proposed each category -- marina/multiple docks, homeowners and public accesses be balanced at 1/3 each. This could be done by purchasing some marinas for public access as part of meeting the current car/trailer parking access needs. He asked for further study of this 700 car/trailer parking goal. Kimball, DNR, pointed out that at a possible density of 2,000 boats representing a peak use may occur three to six times a summer season under ideal conditions. Public access users would actually provide about 1/3 of the use with 700 public access car/trailer parking spaces. Cochran and Carlson, Minnetrista, urged the Task Force look at the practical considerations if a change were made to the 700 c/t goal. The Management Plan deals with the issue in a spirit of fairness. Current a~d future LMCD board members will be responsible for carrying out the Management Plan accordingly. Petit, Wayzata Council, concurred that a reactive posture by LMCD doing its best as problems occur is advisable. He does not believe reducing the 700 number solves the access problem. Because there was not concensus on adopting item "a" as prepared by the subcommittee, the following amendment to item "a" was proposed: "Continuing the goal of 700 car/trailer spaces and the reasonable allocation of those spaces by zone with a reduction considered among all access sources when the growth of lake use density exceeds standards contained in the Management Plan." " However,. the LMLOA stated objections to this proposal. group was unable to reach consensus on this proposal. The Germanson then proposed leaving the issue undecided and using a formal mediation process to determine the appropriate c/t parking space goal. This would include representer±yes of lakeshore home owners, multiple/municipal dock owners/users LMCD REPORT TO THE LAKE ACCESS TASK FORCE, 12/11/92, P5 and public access users. However, some Task Force members objected to this approach. The group failed to reach concensus on the wording of item "a", it was agreed that these three alternatives -- the original subcommittee wording, the modified wording, and the mediation process alternatives -- would be submitted to the LMCD Board for the final decision. ITEMS "b" AND "c" OF 9/10/92 SUBCOMMITTEE RECOMMENDATIONS. Item "b" was questioned by Kristi Stover, Shorewood Council. An amendment was offered to revise the item to read: " The current allocation and distribution of car/trailer parking spaces for the lake does not correspond to allocation goals and needs to be addressed." Group concensus accepted this change, and to also accept Item "c" as recommended. SUBCOMMITTEE RECOMMENDATIONS. The Steering Committee recommendations to establish the following subcommittees was agreed upon by concensus, with Task Force members invited to sign up for any and all the wish to serve on: * Access Siting and Equitable Distribution * Agreements on Car/Trailer Parking Spaces * Access Funding (Working with DNR) * Steering Committee A Steering Committee meeting date was announced for 7:00 pm, Tuesday, December 29, LMCD Conference Room 160, Norwest Bank Bldg., Wayzata. GUIDELINES/PROCEDURES FOR FUTURE MEETINGS. Buckhout advised the necessity to establish specific guidelines, procedures for future meetings. This will address important procedural questions such as who the Task Force reports to, and to review again who are the designated spokespersons. Buckhout offered examples fro,, previous organizations to assist in developing these guidelines. UNFINISHED BUSINESS. The Model Parking Agreement was recommended to be reviewed by the subcommittee for presentation to the Task Force in 3anuary. NEXT TASK FORCE MEETING. With the volume of business at hand, it was agreed that the Task Force meet monthly. Wed., 7:00 pm, January 13, 1993, meeting place to be confirmed, was decided. At that meeting the Task Force will: 1) Review subcommittee objectives; 2) Review the status of progress toward those objectives; 3) Approve a draft of the model parking agreement. ADJOURNMENT. The meeting adjourned at 10:35 pm. pectfull~submit ted, Eug~e R. Strommen, Execut±ve Director L~L~ LAKE MINNETONKA CONSERVATION DISTRICT 12/8/92 DEC 1 4 TO: Mayor Barbara Peterson Members of the Council City of Orono FROM: LMCD Chair Dave Cochra~~~ ~- ~ Progress made by the multiple-agency Lake Access Task Force was highlighted in our memo of 12/1/92 presented to the Council by LMCD board member JoEllen Hurr. As offered in that memo, the continuing service of Jim Grathwol as chair of the Task Force was submitted to the LMCD board for full discussion. As part of that discussion, the letter from Mayor Peterson on behalf of the City Council was circulated among the board members. Certain points were raised in the letter which we believe need clarification for our mutual understanding. * The Council states that it is unclear as to the relationship of the Task Force to the LMCD and its Lake Access Committee. A multi-agency plan to ensure availability of 700 reliable car/trailer parking spaces is identified as a Management Plan policy. The Task Force became this resource group based upon the DNR recommendations made 1/16/92 to "implement the public access siting process as called for in the LMCD plan for management of Lake Minnetonka. The task force will proceed immediately to meet the plan's objectives." LMCD views this charge to the Task Force as one of achieving designation of 700 car/trailer parking spaces around the entire lake, meeting agreed-upon Parking Standards, which also involves the possible siting of additional accesses. The LMCD Lake Access Committee of the LMCD Board serves to provide recommendations to the Task Force chair as LMCD's representative. The Lake Access Committee thus forms LMCD's position on the Management Plan objectives for consideration by the full Lake Access Task Force. The committee will have as its agenda those aspects of the Management Plan objectives and policies stated on pages 41-44. Its agenda will not necessarily compete with, and at times may parallel activities of the Task Force. For example: Mayor Peterson, Council Members, Orono, ~2/8/92, Page 2 * Widening and improving the. e~ficiency of existing ramps ' ~ ~ * Optimizing the use of public lands for winter access * Facilitating handicapped access * Examining water quality effects * Determining aesthetic intrusions * Minimizing effects on local traffic These are some of the objectives which the LMCD would address with recommendations to the Task Force as necessary. The LMCD agrees with the city that the Task Force is to address "fair and equitable dispersion- {distribution} of access points around the lake. That was scheduled for the 10/21/92 Task Force meeting and is re-scheduled for its 12/9/92 meeting. The Council sees the Task Force study of car/trailer parking spaces as a diversion from its responsibility to study access ramps. Data Gathering and Standards Subcommittee meetings in June both recommended the need for identifying a car/trailer parking count. This started in April as part of the Crappie Fishing Tournament, and was extended as both a DNR and LMCD staff responsibility to further develop. Council member Sabbour contributed a valuable aerial photo display as part of this data gathering. The Car/Trailer Inventory Report of 10/5/92 totaling 755 potential car/trailer spaces is a result of this effort. Access site explorations have been made on a preliminary basis at two locations, Howards Point, South Upper Lake, Shorewood and the former Mai Tai Restaurant, Excelsior Bay, Excelsior. The Council questions Jim Grathwol's "personal agenda" regarding access ramps based upon the City o~ Excelsior opposing any car/trailer boat launch ramps in Excelsior. Grathwol volunteered Excelsior City Council public information while attending the 11/16/92 Orono Planning Commission meeting in response to Chair Charlie Kelly's request to explain the Excelsior City Council's position on public accesses. The LMCD Board does not believe Mr. Grathwol's expression of the Excelsior City Council position on i'ts public access objections will influence or determine the Task Force objectives. Mayor Peterson, Council Members, Orono, 12/8/92~ Page 3 The Council asks that Jim Grathwol be replaced as Task Force Chair and that an objective method of screening out prejudices and pre-conceived conclusions as to the Task Force activities be made of a successor. The LMCD Board did hear a constructive Task Force report earlier in its business meeting of 12/2/92. That report, and a thorough review of Mr. Grathwol's service as Task Force chair, was concluded with a secret ballot to determine if he should be re-appointed to continue in that position. Council member Gabriel Jabbour and LMCD Board Member JoEllen Hurr stated their opposition to Mr. Grathwol's service. The Board agreed by an 8 in favor, 4 against, vote that he should continue to serve the Task Force as chair. The Board continued to express its serious concerns of the Orono City Council's position concerning Mr. Grathwol's service. The Board agreed a Task Force Steering Committee meeting would be scheduled for 7:00 pm, Tuesday, December 8, to address resolving the manner in which the Task Force business shall proceed with Mr. Grathwol as its chair. Mr. Jabbour was added to this Steering Committee, as well as Bert Foster, Deephaven. The Steering Committee waS organized from persons volunteering to serve on it in March, 1992. Other members are Don Germanson, president, LMLOA; Doug Babcock, Spring Park, and Lucille Crow, mayor, Excelsior. The LMCD Board respectfully invites the Orono Mayor and City Council to confirm a position that would allow it to continue in partnership with the several agencies, organizations, and cities in reaching a conclusion to the state call for fair and balanced public access through boat launch ramps on Lake Minnetonka. The LMCD Board reconfirms its pledge to cooperate with the City of Orono in recognizing its concerns for sharing the burden of access to the fullest extent possible among all cities and agencies sharing access to Lake Minnetonka. Thank you for your open consideration of this important responsibility shared by all the Lake cities. LAKE MINNETONKA CONSERVATION DISTRICT December i, 1992 IEC'D DEC 1 1992 TO: FROM: Mayor Barbara Peterson Members of the Council City of Orono / LMCD Chair Dave C°chran..~,~j~~--~~vv~-- A multiple-agency Lake Access Task Force was formed in cooperation with the MN DNR in January, 1992. It has moved forward in meeting public access objectives as called for in the L~CD Management Plan for Lake Min~etonka under the leadership of Chair Jim Grathwol, Excelsior. The Task Force formation was prompted in January by the unexpected circumstances of a lakeshore property on Maxwell Bay, Orono, being offered for sale to the MN DNR earlier in 1991. This multi-agency cooperative effort has involved the City of Orono, the remaining 13 Lake Minnetonka cities and several public agencies and citizen organizations. The Task Force goal is to implement the objectives for the public access siting process as called for in the LMCD Management Plan. The initial Task Force meeting in March began the process. Subcommittees dealing with Lake Access Standards, Data Gathering and a Steering Committee were formed. In April, DNR and LMCD staff met with city officials to update lake access inventory data and acquaint themselves with public access sites in cities where they are located. An intern engaged by the LMCD conducted a detailed measurement of on-street parking spaces extending to 2,000' beyond each public access. From this information an inventory was developed which subsequently identified 755 potential car/trailer parking spaces within 2,000' of existing public accesses. These 755 spaces were not then, nor have they yet, been examined in light of Parking Standards developed by the Task Force subcommittees. Concurrent with the car/trailer parking inventory, the City of Orono, DNR and LMCD examined potential access site options on Maxwell Bay. As a result, these three agencies jointly submitted a grant request to the Legislative Commission on Minnesota Resources (LCMR) to fund a more comprehensive public access on Maxwell Bay which would meet City of Orono expectations. That grant request was favorably acted upon by the LCMR in the amount of $944,000, subject to 1993 legislative approval. Meetings of the Standards and Data Gathering Subcommittee in 3une, 3uly, August and September resulted in a Parking Standards recommendation for car/trailer parking. The subcommittees also agreed upon the content of the car/trailer parking inventory. Recommendations were also proposed for Task Force consideration which: LMCD Chair Dave Cochran, a) b) c) December 1, 1992, page~2 Affirmed the 700 car/trailer parking space goal, allocating those spaces by zone. Recognized that the distribution of car/trailer parking spaces for the lake is not equitable. Urged all cities to make an effort to provide their share of lake access car/trailer parking space by · coordination and cooperation among cities to meet zone goals. The Parking Standards for public access were adopted by the Task Force at its October 21 meeting. It will meet again December 9 to affirm the parking inventory, adopt a model car/trailer parking agreement for cities/agencies, and examine access distribution and its equitability among the 14 lake cities. The purpose of the foregoing review is to identify the Task Force progress for which Task Force Chair Jim Grathwol has been responsible since January, 1992. We are aware that some city council members question Jim Grathwol's objectivity in dealing with the comprehensive Task Force objectives. This question involves the City of Excelsior passing a resolution in October stating that it believes it has done more than its share of providing access to Lake Minnetonka in ways other than an access ramp might provide, and that the Excelsior City Council does not believe its city should be considered a candidate for a public boat launching site. Mr. Grathwol has expressed his understanding of the city's position in this regard. I am most favorably impressed by the Task Force accomplishments to date. I also have full confidence in Jim Grathwol's ability to continue his service as Task Force chair. However, because the LMCD and MN DNR regard Orono's cooperative role in the completion of the Management Plan objectives for lake access significant to its successful outcome, I will ask the LMCD Board at its Wednesday, December 2 Board meeting to either reaffirm Jim Grathwol as Task Force Chair or that it consider a new chair to continue the Task Force program. I would then trust that the City of Orono would abide by the LMCD Board's decision on the Task Force Chair. I would further anticipate the City of Orono's active and cooperative role on the Task Force, staying with the 13 Lake Minnetonka Cities, agencies and citizens groups to continue the important process assigned to this Task Force to achieve the access objectives identified in the Management Plan for Lake Minnetonka. ,-I 0 olo o ~ ~ 0 ~0 ~ 0 Z 0 LLI · · · · · · · · · · · · · · · · · · u) '~3 · ,-~ o ~1 I- o .,~ 0 '0 0 0 ~ ~ 0 0 · ,-~0 4: '"~ DEC 1.. 4 199 LAKE MINNETONKA CONSERVATION DISTRICT In Re: Application of Chapman Place Marina FINDINGS On August 26, 1992 at 7 o'clock p. m., pursuant to due notice, a public hearing was held to consider the application of Chapman Place Marina for a dock length variance. Chapman Place Marina is located in Cook's Bay in the city of Mound at 2670 Commerce Boulevard, LMCD Area No. 3. In 1989, the Chapman Place Marina was granted an amended multiple dock license for 27 boat storage units in a configuration approved on February 22, 1989. The total dock length of the configuration approved at that time was 129 feet. The Applicant seeks a dock use area length variance of an additional 26 feet for a total distance into the lake of 155 feet. At the time the license was granted in 1989, the water level was approximately 926 feet in elevation and a temporary low water variance was granted for a 145 foot extension, for a total dock length of 274 feet. The low water variance was renewed in subsequent years, until the 1992 season when the water level returned to above 929.4 feet. The variance application is sought at this time because 1992 is the first season during which the docks were constructed at the licensed dock length of 129 feet. The Applicant has alleged that a hardship results from two factors. The first is that the shoreline at Chapman Place Marina was improved by the addition of rip- rap to prevent shoreline erosion. The addition of the rip-rap moved the slips closest to shore out approximately 8 feet further into the lake. This had an adverse affect on the ability to maneuver boats between slips 1-6 and slips 7-12. The second factor is that the Applicant has discovered that at the 929.4 foot water elevation, there is barely enough water for slips 1-6 and 27. If the water level drops below elevation 929.4, the water depth is inadequate at these slips. CI~44677 LKll0-4 The board finds that the dock use area at the subject parcel is not unusually shallow; it is regular in shape; and no other hardship resulting from physical characteristics of the dock use area was found. Therefore, the alleged hardships are found to have been created not by factors peculiar to the dock use area, but rather to a combination of the self-created hardships of the addition of rip-rap to the shoreline and decisions by the applicant about the number, size, and configuration of slips. Therefore, the board finds that there is no hardship within the meaning of LMCD Code Section 1.07 which would justify a variance in this case. Denial of the variance does not preclude use of the marina as currently Licensed for 27 boat storage units. ORDER By reason of the foregoing, it is ordered that the variance application of Chapman Place Marina is denied. By order of the Board of Directors of the Lake Minnetonka Conservation District this 2 day of December , 1992__. AT~E~T~ Douglas E. ~bcock, Secretary David H. Cochran, Chairman CI,~T, 44677 m ~ DEC 1 lgg2 LAKE MINNETONKA CONSERVATION DISTRICT 900 E. Wayzata Blvd, Suite 160, Wayzata MN 55391 473-9708 L.M.C.D. MEETING SCHEDULE JANUARY 1993 Friday Thursday Friday Saturday Tuesday Wednesday Monday Tuesday Thursday Friday Monday Wednesday 8 9 12 13 18 19 21 22 25 27 Legal Holiday, Office Closed Administrative Committee 3:30 pm, LMCD Office, Wayzata 1993 Mayors' Priorities & Goals Preview 7:00 am,Lafayette Club, Minnetonka Beach Water Structures Committee 7:30 am, #135 Norwest Bank Bldg, Wayzata Environment Committee 8:00 am, LMCD Office, Wayzata Lake Access Task Force 7:00 pm, Freshwater Biological Institute, Navarre Legal Holiday, Office Closed Technical Review Committee 8:00 am, #135 Norwest Bank Bldg, Wayzata Fee Study Subcommittee 3:30 pm, LMCD Office, Wayzata Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Bldg, Wayzata Lake Use and Recreation Committee 4:30 pm, #135 Norwest Bank Bldg, Wayzata LMCD Board of Directors Regular Meeting 7:30 pm, Tonka Bay City Hall 12/29/92 DEC LAKE MINNETONKA CONSERVATION DISTRICT WATER STRUCTURES COMMITTEE AGENDA 7:30 AM Saturday, January 9, 1993 Norwest Bank Bldg, 900 E Wayzata Blvd, Rm 135 (Elevator handicapped access west entrance, Wayzata Blvd) 1. Staff recommendations for a proposed ordinance regarding use of non-encased molded polystyrene foam as a dock flotation device 2. Subcommittee report on Facilities Licensed/Not Constructed - recommending approval of the draft ordinance amending Sect. 2.05, Special Density, Subd. 8, Renewals; with changes as noted 3. Draft Ordinance amending Sect. 1.07, Subd. 3 Length Variance; first reading; a. Chair suggestion to also amend Sect. 2.01, Subd. 2,a) paragraph two, second sentence: change three feet to four feet from the 929.4' OHW; see code excerpt attached 4. Fees for New Multiple Dock License applicationsl staff recommendation 5. Proposed amendment to Code Sect. 2.01, Subd. 3, Common Use of Adjacent Dock Use Areas; staff report 6. Staff recommendation for definition of WSU measurement, amending Resolution 76 7. Lake Minnetonka Dredging Joint Policy Statement between MN DNR, MCWD and LMCD per 11/20/92 DNR outline on behalf of all agencies 8. DNR Permit application from Carlson Real Estate Co. to dredge a navigation channel around a wetland in Minnetrista to provide lake access to new development; staff report on dredging depths exceeding proposed DNR/MCWD/LMCD policy 9. Hennepin County Regional Park - draft development plan with docks and boat launch site, for information only 10. Additional business recommended by the committee 12/29/92 GENERAL FUND Taxes Intergovernmental Business Licenses Non-Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue tOTAL REVENUE FIRE FUND LIQUOR FUND WATER FUND SEWER FUND DOCKS FUND RECYCLING FUND CEMETERY FUND BUDGET CITY OF MOUND 1992 BUDGET REVENUE REPORT OCTOBER 1992 OCTOBER YTD REVENUE REVENUE 83.33% PER CENT VARIANCE RECEIVED 1,188,250 0 820,900 3,432 3,260 40 593,661 594,589 49.96% 489,748 331,152 59.66% 3,169 91 97.21% 69,500 4,452 41,250 2,592 75,000 4,051 10,000 715 51,250 212 2,259,410 221,600 45,185 1,180,000 113,344 350,000 10,551 650,000 48,463 71,000 18 118,730 40,381 3,200 600 70,800 (1,300) 101.87% 13,056 28,194 31.65% 51,423 23,577 68.56% 13,570 (3,570) 135.70% 6,112 45,138 11.93% 15,494 1,241,539 1,017,871 54.95% 248,068 (26,468) 111.94% 978,671 201,329 82.94% 264,050 85,950 75.44% 520,192 129,808 80.03% 71,449 (449) 100.63% 77,474 41,256 65.25% 6,840 (3,640) 213.75% 12/08/92 G.B. CITY OF MOUND 1992 BUDGET REPORT EXPENDITURES OCTOBER 1992 83.33% BUDGET OCTOBER YTD EXPENSE EXPENSE GENERAL FUND Council 67,280 2,814 52,820 Cable TV 1,380 132 980 City Manager/Clerk 166,790 18,149 139,479 Elections 14,800 761 5,626 Assessing 46,260 5 44,953 Finance 147,090 13,167 115,216 Computer 31,000 717 24,170 Legal 83,950 8,128 48,834 Police 744,890 79,156 633,125 Civil Defense 3,350 0 1,382 Planning/Inspections 127,000 11,802 122,292 Streets 402,900 41,630 332,139 Shop & Stores 20,180 1,364 10,515 City Property 90,150 24,177 84,572 Parks 132,990 15,051 116,640 Summer Recreation 31,610 0 9,894 Contingencies 20,000 1,058 10,840 Transfers 119,730 9,398 93,977 VARIANCE 14,460 400 27,311 9,174 1,307 31,874 6,830 35,116 111,765 1,968 4,708 70,761 9,665 5,578 16,350 21,716 9,160 25,753 PER CENT EXPENDED 78.51% 71.01% 83.63% 38.01% 97.17% 78.33% 77.97% 58.17% 85.00% 41.25% 96.29% 82.44% 52.11% 93.81% 87.71% 31.30% 54.20% 78.49% GENERAL FUND TOTAL 2,251,350 227,509 1,847,454 403,896 82.06% Area Fire Service Fund 221,600 16,724 163,258 58,342 73.67% Liquor Fund 178,920 16,303 148,299 30,621 82.89% Water Fund 353,060 22,807 296,019 57,041 83.84% Sewer Fund 971,190 65,663 808,406 162,784 83.24% Recycling Fund 100,900 8,249 78,404 22,496 77.70% Cemetery Fund 4,230 916 3,792 438 89.65% Docks Fund 46,850 1,275 32,175 14,675 68.68% 12/08/92 G.B. GENERAL FUND Taxes Intergovernmental Business Licenses Non- Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue TOTAL REVENUE CITY OF MOUND 1992 BUDGET REVENUE REPORT NOVEMBER 1992 91.67% NOVEMBER YTD PER CENT BUDGET REVENUE REVENUE VARIANCERECEIVED 1.188,250 0 591,802 596,448 49.80% 820,900 0 454,812 366,088 55.40% 3,260 5,546 8,715 (5,455) 267.33% 69,500 3,927 74,727 (5,227) 107.52% 41.250 0 13,023 28,227 31.57% 75,000 5,739 57,162 17,838 76.22% 10,000 1,834 15,404 (5,404) 154.04% 51,250 4,417 10,473 40,777 20.44% 2,259,410 21,463 1,226,118 1,033,292 54.27% FIRE FUND LIQUOR FUND WATER FUND SEWER FUND DOCKS FUND RECYCLING FUND CEMETERYFUND 221,600 11,219 259,287 (37,687) 117.01% 1,180,000 95,448 1,082,967 97,033 91.78% 350,000 45,940 309,990 40,010 88.57% 650,000 52,908 584,375 65,625 89.90% 71.000 (5,720) 65,729 5,271 92.58% 118,730 3,527 81.001 37,729 68.22% 3,200 400 7,240 (4,040) 226.25% 12/15/92 G.B. CITY OF MOUND 1992 BUDGET REPORT EXPENDITURES NOVEMBER 1992 91.67% GENERAL FUND Council Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets Shop & Stores City Property Parks Summer Recreation Contingencies Transfers GENERAL FUND TOTAL Area Fire Service Fund Uquor Fund Water Fund Sewer Fund Recycling Fund Cemetery Fund Docks Fund NOVEMBER YTD BUDGET EXPENSE EXPENSE 67,28O 1,380 166.790 14,800 46,260 147,090 31,000 83,950 744,890 3,35O 127 000 402 900 20 180 90 150 132 990 31 610 20 000 119 730 4,183 66 13,180 2,924 24 6,270 2,516 5,443 68,968 61 13,298 33,203 1,372 7,123 10,825 18,359 1 ,O35 9,398 2,251,350 198,248 PER CENT VARIANCE EXPENDED 57,003 1,046 152,659 8,550 44,977 121,486 26 686 54 277 702 093 1 443 135 590 365 342 11 888 91 695 127 465 28 253 11 875 103 375 10,277 334 14,131 6.250 1 283 25 604 4 314 29 673 42 797 1 907 (8,590) 37,558 8,292 (1,545) 5,525 3,357 8.125 16,355 84.73% 75.80% 91.53% 57.77% 97.23% 82.59% 86.08% 64.65% 94.25% 43.07% 106.76% 90.68% 58.91% 101.71% 95.85% 89.38% 59.38% 86.34% 2,045,703 205,647 90.87% 221,600 21,991 198,671 22,929 89.65% 178,920 14,665 162,974 15,946 91.09% 353,060 29,344 325,363 27,697 92.16% 971,190 63,235 916,170 55,020 94.33% 100,900 10,068 88,472 12,428 87.68% 4,230 0 3,792 438 89.65% 46,850 336 32,511 14,339 69.39% 12/15/92 G.B. 10-Dec-92 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR AUGUST FINANCE DEPARTMENT REPORT INVESTMENTS Balance: Bought: The following is the August investment activity: August 1, 1992 Matured: CP 3.84 Shearson BA 3.88 Marquette Balance: August 31, 1992 $6,248,816 (139,722) (99,124) $6,009,970 10-Dec-92 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR SEPTEMBER FINANCE DEPARTMENT REPORT INVESTMENTS Balance: Bought: The following is the September investment activity: September 1, 1992 Matured: CP 4.46 Marquette CP 3.85 Shearson Balance: September 30, 1992 $6,009,970 (199,638) (199,954) $5,610,378 10-Dec-92 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR OCTOBER FINANCE DEPARTMENT REPORT INVESTMENTS Balance: Bought: Matured: CD 3.35 CP 3.35 The following is the October investment activity: October 1, 1992 Marquette Shearson Balance: October 31, 1992 $5,610,378 (240,000) (217,694) $5,152,684 10-Dec-92 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR NOVEMBER FINANCE DEPARTMENT REPORT INVESTMENTS The following is the November investment activity: Balance: November 1, 1992 Bought: CP 4.07 $5,152,684 Matured: CP 3.37 TR 6.95 FICO 7.10 CMO Shearson Due 01-08-93 497,833 Shearson Dain Dain Merrill Lynch (199,889) (133,441) (lOO,614) (82,307) Balance: November 30, 1992 MINUTES OF A MEETING OF THF. MOUND ADVISORY PLANNING COMMISSION DECEMBER 14, 1992 Those present were: Geoff Michael, Frank Weiland, Michael Mueller, Bill Voss, Jerry Clapsaddle, Mark Hanus, and Brian Johnson, City Council Representative Liz Jensen, Building Official Jon Sutherland, and Secretary Peggy James Bill Meyer was absent and excused. · The following people were also in attendance: Debbie Balli, Reub Hartman, John Oehlke, Bill Feehan, Mark Saliterman, Shelly Dorion, Julie Lilledahl, Glenn Melena, Davey Taylor and Paul Larson. MINUTES The Planning Commission Minutes of November 23, 1992 were presented for approval. Hanus referred to the first paragraph on page 5 and commented he did not insinuate that because someone cannot afford a permit that they should get special privileges, so he would like that portion of the comment removed. What he was talking about was that he does not think it is proper that because of a setback that someone across the street is not subject to, that you should have to incur a considerable cost such as for permits and frost footings under a storage shed. Paragraph one, page five, of the November 23, 1992 minutes were changed by the Secretary as follows: "Voss commented that Mound should not over-regulate. Hanus agreed with Voss~ . MOTION made by ross ~nd seconded by Weiland to approve the Planning Commission Minutes of November 23, 1992 as amended. Motion carried unanimously. CASE 92-069: F_RANK & ANDREA AHRENS 4673 ISLAND VIEW DRIVE LOT 17 & I 2 OF 18 BLOCK I DEVON PID 30-117-23 22 0008. VARIANCE. The Building Official reviewed the applicant,s request for a variance to recognize an existing nonconforming detached accessory structure in order to construct a conforming gazebo. The existing nonconforming detached garage was granted a variance to be constructed in its present location by Resolution #88-117. The Current zoning code allows the proposed accessory building to be located within 4' of the rear and side lot lines. Planning Commission Minutes December 14, 1992 The applicant has had their surveyor locate an existing sewer and water easement on the survey since the original report was written. It appears that the gazebo could meet the 4 foot side and rear yard setbacks without encroaching onto the easement. The gazebo was drawn on the revised survey by the applicant. Staff recommended approval of the variance request to allow the gazebo to be constructed with conforming setbacks. The Building Official added a comment that the proposed zoning code modifications and shoreland ordinance would require the gazebo meet a 50 foot setback to the ordinary high water. Mueller questioned the status of the existing shed. The applicant, Andrea Ahrens, confirmed that the existing shed will be removed. Mueller questioned the proposed floor elevation. Sutherland confirmed that the floor will be elevated and will meet the minimum requirement of 933.5 and the construction will meet code. The commission discussed the issue that the proposed zoning code modifications will require that the shed be setback 50 feet from the ordinary high water. Mueller does not feel the Planning Commission could deny the request, but would like the City Council to consider this issue. Jensen pointed out that there is room on the property for the shed to be placed 50' from the ordinary high water and not be in conflict with the easement. MOTION made by Clapsaddle, seconded by Voss to recommend approval of the variance as recommended by staff with the condition that the existinq shed is to be removed. Motion carried ? to l. Those'in favor were: Clapsaddle, Mueller, Johnson, Weiland, Michael, Hanus and Voss. Jensen opposed. Andrea Ahrens stated to the commission that if her property was conforming she could construct the gazebo as proposed today, and the reason her property is nonconforming is because a garage was constructed in a nonconforming location with the City Council's blessing. CASE ~92-070: DAVE TAYLOR, 5991 RIDGEWOOD ROAD, LOT 14 & P/13 & 15, BLOCK 6, THE HIGHLANDS, PID ~23-117-24 43 0028. VARIANCE. The Building official reviewed the applicants request for a variance to recognize an existing nonconforming accessory building in order to construct a conforming addition to the principal dwelling. Planning Commission Minutes December 14, 1992 The existing accessory structure in nonconforming dues to a .63 foot encroachment into the public right-of-way and a 2.8 foot side yard setback. A 20 foot front yard and a 4 foot side yard setback is required in the R-2 zone. This nonconformance was previously recognized by Resolution $85-127. Staff recommended that the Planning Commission recommend approval of the request to recognize the nonconforming accessory structure to allow construction of a conforming addition onto the principal dwelling. The Commission clarified with the applicant that a garage was added onto the principal structure in 1986. Jensen questioned if it is not time the nonconforming detached garage be removed. The applicant would like to keep the detached garage. The Building Official stated that the nonconforming building is a substantial structure. Mueller commented on the drop in grade from the street to the house and stated that it may be advantageous to the owner to keep the garage as in winter months it may be difficult to get out of the driveway with a vehicle from the principal structure. MOTION made by Mueller, seconded by Hanus to recommend approval of the variance request as recommended by staff. Motion carried unanimously. CASE ~92-071: BILL FEEHAN FOR HEADLINER'S BAR & GRILL, 5241 SHORELINE DRIVE~ LOTS 7 - 26, BLOCK 1~ SHIRLEY HILLS UNIT F~ PI[, ~13-117-24 34 0072. CONDITIONAL USE PERMIT - PUBLIC HEARING. The Building Official reviewed the City Planners report on the request for a Conditional Use Permit for a Class III Restaurant. The proposed restaurant name is Headliner's Bar and Grill and is proposed to be located in the shopping center adjacent to Jubilee Foods in the space which was formerly used by Captain Billy's and the Jock Club. Class III restaurants are defined as "liquor service restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities must account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis.', In 1985 the City issued a conditional use permit to Captain Billy's with a seating capacity of 157 people. The new proposal calls for an operation which is very similar to the former use. The facility will include dining room seating, a bar area, a dance floor, pool tables and a game room. The proposed seating capacity is 154. Planning Commission Minutes December 14, 1992 The proposed use will require the issuance of a number of licenses which must be approved by the Mound city Council. In regards to land use, since the site was formerly used as a restaurant/bar and apparently no major problems occurred, it is reasonable to conclude that the proposed use is compatible with its neighbors. The shopping center requires a total of 143 parking spaces, according to the Zoning Code, and the proposed restaurant will require an addition 51 spaces. The shopping center has 158 existing parking spaces, therefore, a parking variance of 36 spaces needs to be recognized. Unimproved, overflow parking exists immediately east of the shopping center. Staff recommended that the Planning Commission recommend approval of the conditional use permit and parking variance for Headliner's Bar and Grill. Clapsaddle commented that the unimproved parking area should be improved. Michael referred to the Building Official's letter dated November 19, 1992 and the letter from Hennepin County Health Department dated November 6, 1992 regarding code violations and compliance requirements. Michael noted that a lot of the same correction items were included in the 1985 resolution, and if these items were not taken care of then, what kind of assurances do we have that they will be taken care of this time? It was suggested that these items could be included in the recommendation that compliance with the health department's violations be required prior to the issuance of a Certificate of Occupancy. Mark Saliterman, owner of the building and half owner of the proposed business, stated he will be in charge of administration and since he has a major commitment in the business he will make sure codes are complied with. He has already obtained the services of a licensed mechanical contractor. Mueller questioned how and who determined that 50 percent of gross receipts accounts for food sales? And what happens if the food sales only amounts to 20 percent? Saliterman stated that they have removed dancing as use and this may help in food sales. He cannot guarantee what the percentage of food sales will be but they are spending money on kitchen improvements because they plan to use it. Saliterman suggested that the City review the food sales/operation after six months. Planning Commission Minutes December 14, 1992 Mueller suggested that the City Council address the fact that Bill Feehan is noted as the "applicant,, on the application for conditional use permit, and Mark Saliterman signed the form; who is the responsible party and who should the permit be issued to. Chair Michael opened the public hearing. There being no comments from citizens present, Chair Michael closed the public hearing. Clapsaddle questioned what the hardship is for the parking variance. Voss questioned if more parking area could be paved. Saliterman informed the Commission that there are bad soils in the unimproved parking lot. Every year for the past three years they have spread rock on the area and it sinks. Weiland commented that there are underground springs in that area. Saliterman added that when the shopping center was constructed it was required to have larger than normal footings. It was noted that the shopping center employees do park on the unimproved gravel parking area. Hanus remarked that he believes the soil conditions constitutes a practical difficulty for not improving the parking area and provides reason to approve the parking space variance. MOTION made by Clapsaddle, seconded by Weiland to recommend approval of the ~onditional use permit as recommended by staff, includ~ng the condition that all code compliance items as stated in the Buildin Official's letter dated November 19, 1992 and the letts~ from Hennspin County dated November 6, 1992 be complied with and that the Building Official verify wit~ Hennepin County that all conditions are complied with prior to any occupancy. Motion carried unanimously. This case will be heard by the City Council on January 12, 1992. Commissioner Mueller was excused from the meeting. ~ASE ~92-072: NARK & JULIE LILLEDAHL, 3233 TUXEDO BLVD., LOTS 15, ~6 & 17, BLOCK 13, ~IPPLE. VACATE PORTION OF WINDSOR ROAD PUBLIC HEARING. The Building Official reviewed the City Engineer's report on the request to vacate a portion of Windsor Road. The improved portion of Windsor Road extends approximately seven (7) feet in front of Lot 15, according to a survey for Lots 3 & 4, Block 18, Whipple. Staff recommended to vacate only that portion of the Windsor Road right-of-way adjacent to Lots 16 and 17, Block 13, Whipple. It was also recommended that the City retain a minimum 20 foot wide utility and drainage easement centered on the portion to be vacated. Planning Commission Minutes December 14, 1992 The Building official further informed the Commission that the City Engineer stated that this area has only a 5 percent grade, therefore, it is possible to construct a street in this area. However, there is no evident reason to retain the street. Weiland confirmed with staff that if the vacation was approved there are no surrounding properties that would be landlocked. It was questioned what the advantage would be to vacate this street. One advantage would be that the abutting property owners would gain land. Chair Michael opened the public hearing. Glen Melena stated that he is not opposed to the street vacation, however it may not be appropriate; he is concerned that if the Teal Pointe development is approved the street may be needed in the future to help with traffic. Hanus believes that this reduces traffic when the street is not improved. Rueb Hartman stated that he and Mrs. Robinson are opposed to the street vacation, because once it is vacated, it is gone forever. Paul Larson who owns lots 3 and 4 across the street is in favor of the vacation. The abutting owner to the south, Debbie Balli, stated that if the street is vacated, she wants half. The Building official noted that the applicant had constructed a shed upon the right-of-way, however, the shed has since been moved, and this action may have inspired the application. Clapsaddle and Weiland both questioned if gaining property is a reason to vacate a street? It was noted that the vacation will not correct any nonconformity. HOTION made by Voss, seconded by Clapsaddle to deny the request to vacate a portion of Windsor Road as there is an overriding public interest to retain the property. Johnson commented that there is not need to retain the street and he feels it would be a detriment to have another access onto the already busy Tuxedo Blvd. Hanus does not see a benefit for the City to retain the street. It was noted that the city currently maintains the property and if a tree needs to be removed it is at the expense of the City. Clapsaddle commented that if the street were improved, traffic circulation could help the area. Planning Commission Minutes December 14, 1992 MOTION to deny carried $ to 2. Those in favor of denial were: Clapsaddle, Weiland, MiChael, Voss and Jensen. Hanus and Johnson were opposed. The Secretary informed the applicant that the City Council will discuss a date for a public hearing at their January 12, meeting. 1992 ,Z,,DSOR LOTS 3 . WHIPPLE PID 25-117-24 21 0051. VARIANCE. 4 BLOCK IS The Building Official reviewed the applicant,s request for a setback variance of 10 feet to the required 30 foot front yard setback in the R-3 zone. The subject lot is undeveloped and the adjacent homes are also located less than the required 30 foot setback. The topography of the lot slopes towards the rear and getting the house as close as possible to the front facilitates the construction and placement of the house on the property. Staff recommended approval of the 10 foot variance to the required 30 foot front yard setback in order to allow construction of anew single family dwelling. The Building Official added that if the proposed zoning code modifications are adopted, the house would be conforming with a 20 foot front yard setback. MOTION made by Voss, seconded by Hanus, to recommend approval of the variance as recommended. The Planning Commission finds that t~e proposed 20 foot front a setback is consistent w~t +~_ __,_~ .... y rd t ....... h ... --zg~ornooa and due to ne topography oz the property it is more beneficial fo c~nstru~t~on purposes to have the house closer co the street. Motion carried unanimou;~ C_ITY COUNCIL REPRESENTATIVE,S REPOR~ Liz Jensen reviewed the City Council meeting of November 24, 1992 and informed the Planning Commission that the Public Hearing on the zoning code modifications and shoreland management ordinance has been continued to January 26, 1993. Planning Commission Minutes December 14, 1992 MOTION made by Clapsaddle, seconded by Johnson, to adjourn the meeting at 9:33 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: 8 MINUTES OF A MEETING OF ~ MOUND ADVISORY PARK AND OPEN SPACE COMMISSION DECEMBER 10, 1992 Present were: Lyndelle Skoglund, Brian Asleson, Tom Casey, Shirley Andersen, Marilyn Byrnes, Mo Mueller, Carolyn Schmidt, and Dock Inspector Tom McCaffrey. Andrea Ahrens and Tom Casey were absent and excused. MINUTES MOTION made by Skoglund, seconded by Byrnes to approve the Park and Open Space Commission Minutes of November 12, 1992 as written. Motion carried unanimously. ~NTERVIEW CANDIDATES FOR COMMISSIOn, The following candidates were interviewed for the vacancy on the Park and Open Space Commission: A. STEVEN KIRSHBAUM, 4590 DENBIGH ROAD B. MARY MOTYKA, 1545 BLUEBIRD LANE It was recognized that both of the applicants own property that abuts public shoreline and they both obtain annual dock licenses from the City. PARK PROORAM ACTIVITIES FOR 1993 At the October Park Commission meeting, Jim Glasoe, Recreation Coordinator for Community Services, requested ideas from the City for special family-type activities that could be at the parks. It was proposed that a subcommittee be formed to brainstorm for ideas. Asleson, Byrnes and Schmidt volunteered for the subcommittee and will meet to discuss possible activities, such as music in a park. It was proposed that activities could be planned for parks other than Mound Bay, such as Centerview, Swenson or Three Points. A recommendation from the subcommittee should be forwarded to Jim Glasoe at Community Services who coordinates the summer parks program. Park and Open Space Commission December 10, 1992 DISCUSS F~2IEILIT¥ OF TEST LIGHT AT HIG~!.~ND END PARK AS RECOI~ENDED BY THE LMCD A memorandum to the city Manager from the Parks Director regarding the test light at Highland End Park was reviewed. The Commission noted the total estimated cost to install the light of approximately $1,800. It was the consensus of the Commission that this expense was not budgeted for 1993 and that they would not object to the testing of the light if there was no cost to the city. The Commission requested that the Parks Director write a letter to Tom Reese informing him that the funds are not available at this time to install the test light and that they do not object to the testing if the cost were not so high. It was suggested that the LMCD could provide choices for different types of lights with varied costs. PARK AND OPEN SPACE COMMISSION WORK RULE~ MOTION made by Asleson, seconded by schmidt to adopt the Park and open Space Commission Work Rules with the following amendments: B.3. "Ail public hearings shall be held at thc city Hall B.lS. ,,Motions can only be made by members recognized by the Chair~ and the motions shall be initiated with the phrase "I move that · · .". Motion carried unanimously. Schmidt requested that copies of the Work Rules be provided for the Commissioners in plastic sleeves. UPDATE ON NATURE CONSERVATION AREAS PLAN chair Skoglund noted that the city Planner will be present at the January meeting to discuss the plan. Schmidt questioned why the Planner feels that an area adjacent to park property cannot be designated as an NCA area. Some other concerns were expressed, and these will be discussed with the Planner in January. Park and Open Space Commission December 10, 1992 LMCD Re resentative,s Re crt and Meetin Minutes Skoglund commented that it may not be necessary to copy all the LMCD information for the all Commissioners as it results in a lot of wasted paper. Byrnes stated that she feels it is important to receive Tom Reese's monthly report, however, the information which does not pertain to Mound may not be needed. Skoglund suggested that one person receive a copy of all the LMCD information and that person could share any relevant information that pertains to the City of Mound. Byrnes believes that Tom Reese should attend one meeting per year to inform the Commission of current and future LMCD activities, and to give the Commission an opportunity to discuss issues they are concerned about. MOTION made by Mueller, seconded by Asleson, to have staff supply the Commission with the LMC Repre~entatlve,s report and only pertinent LMCD material~ pertaining to Mound in thei- ~--~-- ....... · . - w-v~.u~, ana provlae onl the Chair with the entire -acka-e A, ........ ~ r . ~ v~. ~mum ml~u=es ana other materials. Motion carried unanimously. Dock Inspector,s Repor~ Tom commented that he is preparing to mail the dock application forms for 1993. ~RANKIN~ OF CANDIDAT~ The operation of the ballot was reviewed and it was clarified that the candidate which is the first choice should be given a 1, and the second choice should be given a 2, the candidate with the least amount of points is thence selected. Byrnes commented that both candidates were very good. Tom McCaffrey totaled the ballots, and the results were Steve Kirshbaum with a 7 and Mary Motyka with 11, therefore Steve Kirshbaum received the recommendation for appointment. The Park and Open Space Commission meeting of December 10, 1992 adjourned at 8:47 p.m. December 14, 1992 Ms. Joyce Nelson City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Ms. Nelson, This letter will confirm the meeting of the Lake Minnetonka Recycling Group (LMRG) and Knutson Services on Friday, December 11, 1992. Our discussions affirmed the LMRG stance for adjustments to existing reycling contract with mutual agreement being reached on revenue sharing and collection fee revisions. The language to the recycling contract shall be amended to read (the changes are in bold Italics): Section 2. Payment Fees paid for curbside recyling services will reflect an adjustment of $.10 for collection in 1993 and $. 10 for collection in 1994. EXHIBIT A Curbside - $1.80 per stop per month for weekly collection or $1.55 per stop for bi. weekly collection during calendar year 1993 and $1.90 per stop per month for weekly collection or $1.65 per stop for bi-weekly collection during calendar year 1994. Section 4. Revenue Sharing Revenue sharing will be continued with section A and B being modified to read: A. Knutson will pay to the City, on a monthly basis, 2/3 of the exceeded ULSM price listed below. GARBAGE and RECYCLING COLLECTIONS Since 1961 Pdnted on recycled paper with soy ink. · An Equal Opportunity Employer Newspaper- loose, unbaled Cardboard- loose, unbaled Glass - mixed, unsorted Cans . mixed, unsorted 'Plastic bottles . mixed, unsorted ULSM PRICE PER TON $15.00 $ 20.00 $ $0.00 $570. O0 $ 36.00 B. Negative ULSM: Occurs when the ULSM is below zero (unsorted plastic bottles shall commence at a negative $.075.) resulting in Knutson having to pay for the disposal of the material. The City will pay to Knutson 2/3 of the material disposal fees on a monthly basis. The City reserves the right to require collected materials to be delivered to a location within the seven county metro area specified by the City. C.- D.(language unchanged) The provisions to Section 4 will take effect retroactively to July 1, 1992. The above adjustments are emblematic of the positive working relationship between Hennepin County, the Cities of the LMRG, and Knutson Services. It will allow for continuation of the exceptional recycling programs that have been developed. Knutson Services appreciates your consideration in these matters and assures that your service expectations will be exceeded. Respectfully, Mark Heieren Sales Manager cc: Paul Kroenig - Hennepin County Recycling D.F. "Wally" Wall- General Manager- CFO Dan Schermann - Knutson Material Recovery Facility Crossroads To Service DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center Minneapolis, Minnesota 55487-0067 December 9, 1992 ~[c'o DEC 1 1 19~ Francene C. Clark-Leisinger, Clerk City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Ms. Clark-Leisinger: Enclosed is a copy of Hennepin County Resolution No. 92-10-417R1 which was approved by the County Board on October 27, 1992. This resolution revises the county's review and evaluation process of new tax increment financing plans being proposed by cities. Please communicate to each member of your city council. A copy of the resolution has also been sent to each HRA director in the county. Questions on this issue may be directed to me at 348-5668. Sincerely, Patrick H. O'Connor, Director Property Tax and Public Records Gerald W. Pahl, Manager Administrative Support Division PHO:GWP:sw Enclosure HENNEPIN COUNTY an equal opportunity employer I 01,t03 RESOLUTION NO. 92-tO-917R1 The following resolution was offered by the Ways and Means Co~Lmittee: WHEREAS, 9.6 percent of the Hennepin County tax base will be captured in 1993 by tax increment financing districts in the county, thereby increasing the county tax rates that property taxpayers must pay for essential or mandated county services; and WHEREAS, tax increment collections are projected to increase from $115 million in 1992 to $130 million in 1993 and will not decrease significantly until the year 2009; and WHEREAS, the Minnesota Tax Increment Act provides an opportunity for the · County Board of Commissioners to review and comment on any proposed tax increment financing district, including the opportunity to meet with-the tax increment. authority and present the Board's views at the required public hearing on the matter; and WHEREAS, additional tax increment districts will likely be created in the- county in the Future; 8E IT RESOLVED, that the Hennepin County Board of Commissioners reaffirms its preference that: 1. Cities use tax increment as a financing tool of last resort, targeting public assistance to renewal and redevelopment projects of greatest need and lower income housing projects of demonstrated need. o Existing tax increment districts and those created in the Future should be completed and terminated in the shortest time possible, thereby increasing the tax base of the city, school district and county. BE IT FURTHER RESOLVED, that county staff is directed to review and evaluate the tax increment financing plan for each new proposed district or modification to an existing district and prepare a report for the County Board. The report should briefly explain the proposed action, indicate the potential fiscal and economic impact on the county and recommend whether or not the County Board should present comments at the public hearing on the plan. Copies of the report will be sent to the school districts, municipalities and other taxing authorities involved in the proposal. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to e'ach City council and the governing body of each authority with tax increment approval powers in Hennepin County. This Resolution supersedes Resolution No. 80-8-729R approved 8/26/80. ' OCT 2 '7 1992TM 'RESOLUTION NO. 92-Lo-gL7 R1 (Cont.) The question was on the adoption of the resolution, and there were ~even YEAS and No NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NA~ OTHER Peter McLaughlin Randy Johnson _X.. · John Keefe x Tad Jude Judy Makowske Mark Andrew John E. Derus, Chairman RESOLUT I ON ADOPTED~_~_~_~. ~ ATTEST: C1 erk-of(~he December 4, 1992 Dear Mayor: National League of Cities 1301 Pennsylvania Avenue N.W. Washington, D.C. 20004 (202) 626-3000 Fax: (202) 626-3043 DEC Officers G,eqaa E Hood S"arpe James Do~'a[a g Borut I am writing as the new President of the National League of Cities to ask for your assistance in shaping a national economic recovery program that would provide immediate stimulus with long term economic benefits to your local and our national economy. Last week, delegates to the Congress of Cities adopted the enclosed NLC economic recovery plan in New Orleans. It calls for a focused stimulus package to be enacted by the administration and new Congress in the first 100 days to set the nation on a path of economic recovery as part of an overall plan to reorder federal budget priorities. In order for the plan to be successful, it must rely on tried and tested programs and existing delivery systems that can produce the most efficient action and results in our cities and towns. We are convinced that local governments are the-key to effective implementation of any national strategy to get the economy moving again. The NLC Board of Directors discussed our proposal with former mayor and former NLC President Henry Cisneros of Governor Clinton,s transition board and Gene Sperling, the transition team's deputy economic advisor, in New Orleans before taking action on it. Mr. Sperling described the plan as "very thoughtful.,, He said that the transition team is on a fast track, so that the more specific the information and examples we can provide about our recommendations, the more helpful it would be in shaping a final plan for President-elect Clinton to present as early as next month. Mr. Sperling asked, for instance, if there were certain types of infrastructure spending which could be implemented more rapidly than others, but provide long term economic benefits. He asked what types of expenditures among our recommendations could result in new jobs in our cities within a very short time period, but would ensure long term economic benefits. PaSt Presidents: Tom eradley, Mayor Los Ange,es Ca,torq,a ·Ferd L. Harrison, Mayor ScolJano Neck Nor? Carohna · Cathy Reynolds, Counc;iwoma=.at Large De'~er C3 :'acc · Directors: D. Burney, Jr., Mayor Augus!a Marne ·Jon C. Burrell, E.~ec~t,ve D~'ector Mary~ang Munic,Dai League · Patricia Castillo, ?ayo, Suqny~ale Ca ic.~ a * Peso Chavez, N~ Me~:cc · ~ D. ~le, Mayor 5eaveqon O,ego~ · ~hn G. Cu~n, C,%, Co.nc, Pres~oent Rochester N~ York · ~th ~lls D~is, A]derma~ E.a~slo~, ~:,,r,o,s · Thomas G Fi~immons, Southflera M~cmgan . Charles K. H~ama, Mayo, Rognes~e- '.' ?'ese:a · William Ja~ckl, Execulwe D~rector Assoc,atron 3' ~aho Cit,es · ~w~nce J, Kelly, Mayo, Da,::-a · Bob Knight, Mayo- W~chr;a Kansas · Chrtslophe~ G. ~k~, Exec.~we g ,ec~o~ Marne Mumc~pai Assoc,ahon · Ga~ Markenson, Execut,~e g,'ector M~ssour, M.'~rc ~a ~ea;.e · Jeffrey J Rillalline R Wllkins, Coo~c,'woman Muskego~ He,g-~s ~J g-: ia~ . Alice K. Wolf, Ma~or Camb,:~:]e. Massachusetts · Robe~ G. ~ung, Jr., '.'ayor Henaers? Page Two December 4, 1992 We were very fortunate to have had the opportunity to meet with the key transition team members and have input in this process. To take advantage and to make an effective presentation to the new Congress, we will need to act swiftly. Consequently, I would ask you to write a letter of support for our proposals to both President-elect clinton and to your U.S. Representatiwe and two Senators. Your letter will be most effective if you can provide specific examples of new investments this plan could mean for your community, how many jobs these investments might create, how quickly, and how that would improve your local economy. Please send a copy of your letter to your state municipal league director, so that the leagues can help us coordinate our efforts with each state Congressional delegation and to me at NLC headquarters in Washington, D.C. Recognizing that cities have their own unique needs for their neighborhoods and communities, we in Minneapolis have a number of examples which we believe will enhance the quality of life and neighborhood livability of our city. Examples of this in Minneapolis include construction or rehab of day care and preschool and park facilities which will meet the long term needs of children and families. An adjunct jobs programs would assist in the staffing of these and other programs. We have a unique opportunity and a responsibility as leaders to be a part of effecting changes in our country. I look forward to this chance to work both with you and the new administration and Congress in contributing. Thank you in advance for your help. sincerely, Donald M. Fraser President Mayor of Minneapolis Enclosure A supplemental appropriation of $2.5 billion to ensnre full funding of the nation's new highway and public transportation laws this fiscal year. An immediate announcenle,~t Mil enable states and local governments to designate the most critical projecls, so they will be ready fOr coustroction immediately upon enactment, and so that any funds not oblighted within six months' would revert lo the federal Treasury. ' - Would your city have eligible, ready-to-go projects i. f the new administration and Congress acted on this proposal immediately ? What kit~ds of eligible projects couM provide the quickest new employment., construction or maintenance, for instance ? How wouM any examples you have really provide long term ec'ommfic benefits? Or are environmental challenges and the fi'deral regtdatory requirements under the sut.7'bce transportation` law' so cumbersome that, as the Wall Street Journal estimates, il wouM take over a year before pou couM actually spend uny o./'thi.v arh[itiot~ct/ money in your communiO, on meaningful, eligible transportation projects ? ' - ~ A streamlined version of the vetoed urban aid iax bill that will proVide'immediate assislance Io lhe nation's cilies and lowns. Key compoqeitts of the legislation should be: pernlanenlly reauthorizing lhe expired municipal lax programs; crealing the dislressed cities flexible block graul and national pnblic-private block grant programs; crealiug urban aud rural enlerprise zones; providing all dislressed commuuilies Mth aulhority to issue municipal economic developmenl bonds; offerhlg ince,llives 1o leverage bank inveslnleuls iu ommumtles; a'nd simplifying lhe cosily reslriclions oil municipal bond aulhorilY. Does your ciO, have either tax-~5¥el~lDt 177otTgage revenue or small issue industrial development bonds ready to go to nlclrkel that have been put on hold since municipal authority to issue expired last June ? If so, hciw qu'ickfy cou[~l those' bonds 'be 'ix~Ud(l, how many jobs wouM they create in a short time frame, and what 'kind of long term benefits wouM they bring to your coliiilltlllio~ ? If eifl~er the exist[l!g arbitrOge restrict;ohs Or disincentives for local banks m pttrcha.ve )'oltr traditional 'public pt,'Pose bon"ds were eased, how would you use the .~'avittgx to bemJit yoltr local ec'onol~?y ? Were there other changes in the vetoed tax bill lhat would huve nteattt imrnedi(tte and poxitive opportunities.for 3'our {'iix' .' sa- $3 billion in oue-time snppleulental fuuding for lite Commnnity Development Block Grant (CDBG) progran~ to be obligated by' September 30, 1993, ~vilh $1 billiou targeled to children under the age of six. This family intervention block grant should be the first step in lhe crealion of a new childreu's human investment Il'IISI. Il could be used to complement a fully-fqnded Head Starl program. "~ if the amount of CDBG fun-ding You receNed'in i992 Were' ~t°ubi¢d '~"~ou'~c'~i~i~':''' spend two-thirds o.f the new and aqditiomll funding for a];y ~elig[bie CD. BG purpose and one- third fi~r any purpose directly ?elated to helping ch'ildren under the~,age'~f six, what kinds of projects couM you imph, ment the most quickly? 'Are there priority housing or infra~tr~tu're''-''' projects on the shelf in your city just held up for htck. of fundin~ ? .W. ould.regu(~{q.~, of legal,, changes be required !n order to be able to move rtlpid, ly. ahead?.. . $1 billion in supplemental funding for'the 1993 summer youthe~p!oyment program so that every community has a partnership program wit, h~loqal businesses in place well before the school year ends. if your conlmtlnity received the .willie amount oJ'supplenlental summer youth,., ;,:. unemployment filnds a.s' laxt .~'unlnlt'r, but's;'ell in advance of the. day your scho~lx l~t hut.this. time, how many jobs wot/Id that c,'e,tte ? What kind eV'j°b.~· would that create"-.W°hld(he,be.· jobs provide training or./ill/leeds in.vottr cmnmtmity l/la/ would translate into long., te~ ,... hem/fi/x? Can ynu prqje('t Ifil/Il percent t)l' /low many o['thoxe eligible in your ci~ can be. employed at the curl'ent ./itndi/Ig /eve/? ,'..} ','~' . $5~ aillion'in snpplemenlal funding to provide incentives for commun~ ... ..... developmenl banks and bank-run Community development corporations to make comaunily reinveslmenl loans for job ~realing pri~ate investment in a~! dislr~ed commu nil les ~e new federal banking law authorizes a so-called greenhmng prov~smn;Wh]ch provides an economic incentive to encourage banks ~o make loans in low in'°me 6~' minority neighborhoods by l~rmitting a credit against its required t~derai deposit iasu~aqce Premmm, but Congress has not funded this provision, l[' i/ wcre.limd~td, do you thihk yo~? lo~'al'bank cur,','.t/y ,',,,,,n,e,',.'i,,/ ,,r m,,rt, .xe 'those your ci~ ? What kinds q/' Ioan.~' wot,hi in Iow income or mim, rity neighbOr~d~ '~n ~ur ci~ would have the earliest, poxitive impact? .. Enaclmenl of lhe l,ocal Pa~lnership Act, providing $3 billion. in emergency fu'n~" to the nation's cilies and towns lo initiate ready-to-go capital projects, ~pec~l!y for unfunded fe(leral nmndales, such as Ihose reqnlred by the federal Cle~n. Water Acl. This initialive should require lhat any funds not obligated by. September 30, 1993, reve,t lo a federal infrastructure revolving I°an fund. This proposal, passed last year by the House Government Operations'c0mmi~iee,'¢u'i ' never acted on by the full House, would provide flexible funding directly to n.early.ev~ city, and town just like the old General Revenue Sharing program.. What projects, ~spacially public wo&~' ~pe p/'t~et't.~' or p/'~ects to comply with uq/imded fi, deral mandete~,.,~ou~ your ci~ be ready to begin work on most rapidly ? How many new jobs -. both for q~t~ruqt~on and long te~ - wmt/d those e.rtm~)~h'.~' /n('(/n t~, ),ottr community.? . These six economic stimulus priorities reflect programs and local development projects which we think are ready to move. We believe the better the information and examples of these from the local level that we can provide to the Clinton transition team and the Congressional leadership, the more effectively we can promote prompt action at the national level to ensure the most rapid increase in jobs at the local level that would stimulate long term economic benefits. SHERIFF DON OMODT REC'D DEC 2 3 1992 6 COURTHOUSE (612) 348-3744 ~ce~er 21, 1992 Fire Chief Don Bryce MOUND FIRE DEPARTMENT 5341 Maywood Road Mound MN 55364 Dear Chief Bryce: On behalf of Sheriff Don Omodt and the members of the Sheriff's Water Patrol, I would like to extend our sincere and deep appreciation to the members of your fire department for their outstanding assistance during the ice rescue on Saturday, December 19th, 1992, in Smith's Bay of Lake Minnetonka. Both of our departments - as well as Orono Police and Long Lake Fire - responded to a snowmobiler through the ice. It was later determined that this was approximately 3/4's of a mile offshore - in a very thin area of ice - in the large part of the lake. Deputies from our department were able to quickly get out to the victim, but due to the size of the victim and the great difficulty of the ice conditions, they were not able to bring the victim - who was in a water rescue basket - onto stable ice for transportation to shore. Members of your fire department quickly responded and were able to assist our deputies in the safe removal of this victim to shore, and an awaiting air ambulance. In particular note are four individuals. Unfortunately I do not have the names of your two firefighters who were in the cold water rescue suits, who put themselves at great risk to assist our deputies in rescuing this person. Our deputies have informed me that they could not have possibly performed this rescue without the skilled help of your firefighters in their cold water suits. continued next page ....... Minn Stat. 387.03 "The sheriff shall keep and preserve the peace of his county..." D~cember 21, 1992 - letter ~OUND FIRE CHIEF BRYCE Page 2 I would like to commend Brett Niccum and Murray Sinner, for unselfishly providing their assistance with snowmobiles. Both these individuals- at great risk to themselves - helped transport our personnel, other rescuers, and eventually the victim, to safety. They put themselves at great ri~k without the initial protection of a life savin device assist with this rescue. Of ~ar~-,,~ .... ~ ....... g - to . ~ ~aL ~,uue were zrom our ~wo deputies who first performed this rescue. They stated if it had not been for firefighters Niccum and Sinner,. they could not have been h sic able to get across the ~reat d--~ ..... ~ ~ ......... P y . ally . = ~.,~= u~ ~ue uo ~e victim, without physically exhausting themselves, which would have not have allowed for such a prompt rescue. I would like to commend all the members of your fire department who responded and assisted at this call. I would also like to commend you and your department for your willingness to work with our division for water rescue training. Having all rescuers at the same training level; who have trained with the same equipment; and knowing each other's capabilities, made this rescue a tremendous success. I would like you to commend your department in the spirit of cooperation that exists between our agencies. Sincerely, DON OMODT, SHERIFF _B~ .C_a_p.~ain Larry Peterson Sheriff's Water Patrol CC' Inspeg~r_kostle WJC/now BELSER.WTR 4901 Manitou Road, Tonka Bay, l~,~,innesota 55331 (612) 474-7994 FAX 474-(-)538 January 4, 1993 JAN 6 19 3 Honorable Skip Johnson Mayor, City of Mound 5341 Maywood Road Mound, MN 55364-1687 Dear Public official: Many communities recently received notice from the Metropolitan Waste Control Commission (MWCC) that their wastewater charges for 1993 will be increasing. The MWCC currently serves 105 metro municipalities, including 13 in the Lake Minnetonka area. As you can see from the attached spreadsheet, Lake Minnetonka area communities have taken the brunt of the latest increases. For example, Minnetrista's rates will be increasing 78%, Wayzata's 60%, Tonka Bay's 54%, Shorewood's 47% and spring Park's 46%. Our area has the distinction of having five of the six largest percentage increases of all 105 metro communities for 1993. In addition, many of these same communities have received notice that their 1994 rates are expected to increase 60% or more. We should all be outraged that the MWCC has, without justification, dumped additional costs onto our communities leaving us no choice but to pass along these outrageous increases to our residents. This fall. two meetings were held among our cities to discuss . ' 'ses similar inflow and infiltration problems and the lncre~ ~ -- --~at each city was doing to address these update each ~ne~w~..~o~ ~enresentatives from MWCC to roblems, we a~u .~,,*~_ ~L~ ..... ~e~ flow measuring ~xplain their cost alloca=lon ~nu -~ ....... r methods. The cities of Shorewood and Tonka Bay are both contesting the MWCC's wastewater flow estimates and I hope other cities in similar situations are pursuing this matter and not simply accepting their estimates and sending a monthly check. Part of the problem with the MWCC is that we do not believe their wastewater flow estimates are accurate, thus we are providing more than our fair share of revenue and directly subsidizing the rest of the system. However, the purpose of this letter is to focus on the other side of the ledger, i.e. excessive qrowth in staff and spendinq which also results in increased sewer charges levied by the h6CC against all cities. Page Two January 4, 1993 Enclosed you will find excerpts from the MWCC's 1993 Summary Budget. You will notice that the MWCC is planning to hire a large number of staff in 1993, bringing the total number of employees to 1,195. With increases in staff come increases in benefits and equipment needed for the new employees, further magnifying the costs. The total increase in employee salaries for 1993 is 5%. Employee benefits are increasing 13%. Does the MWCC realize the tough economic times that our entire nation is going through? While cities are forced to cut budgets, MWCC staffing and spending continue to grow at an alarming rate. The 1992 Stanton Salary Survey indicates that many MWCC jobs have the highest pay and benefits of any comparable government jobs in the Twin Cities. Why? The MWCC has no accountability to its cities and their constituents. Have you ever seen MWCC employees driving anything but brand new vehicles? Our experience tells us no. Why? Here again, lack of accountability. Why should the MWCC try to stretch their (our) dollars as far as they can when no one is overseeing them and holding them responsible for their spending decisions. We all talk about reducing costs and increasing efficiencies. What incentive does the MWCC have to achieve these two goals? Something in this system is failing and it is about time that, on behalf of our residents, we do something to address it. The 1993 budget has been adopted, however, now is the time for us to make our feelings known not only to the MWCC, but to the Met Council and, most importantly, our state legislators. We need to explain to them what is going on with this organization. In addition, we need to focus on the budget process for 1994 by attending the MWCC budget meetings and making our feelings known. If we do nothing now, we will all be in a much worse situation in the future. Now is the time to make your feelings known so that change can be enacted and this organization held accountable to the public it is suppose to serve. Please review the enclosed information and pass it along to other elected officials and staff in your city. Thank you for your attention to this matter. Sincerely, Mayor cc/enc: Governor Arnie Carlson Met Council Chair Dottie Reitow Senator Ed Oliver Representative Tom Workman Senator Gen Olson Representative Steve Smith Lake area newspapers Enclosures EXCERPTS FROMMWCC 1993 SUMMARY BUDGET Budget Message July 21~ 1992 ·..We believe the low rate of increase_ in the oper~tin_g budget s_h0ws that 9~_c0mprehe.nsi__ve_~- ' no surp_ ri ._s~s"_app_rpa _eh i_s.b_elp~__g to control costs. · It is also consistent with fiscal r_espg_ns.~_i_!_it_y, at a our state and local gov .emm___ents ye - e__mp~h~_izing fiscal restraint.... Our object!v_e__i_s_lo- eliminate 'surprises' for 't~ agenc¥_a,3_d its customer-communities, and charges_ to communitses. We believe the 1993 _Oper_atjn_g B~udg_e.t sh o_w_s th_a_t ~is _stra__tegy is work:. Major Chan~es Budffeted in 1993 Prog. 100: Potential funds for information man- agement initiatives were transferred to the Cl~ief Administrator's budget pending review of prio~i- ties, costs and benefits by an internal task force. Thc candidate initiatives include staff and soft- ware for automated time and attendance; for net- work administration and for data base administration. $243,900 Prog. 2300: The budget total is negative, to reflect forecasted savings for self-insurance of workers' compensation (versus purchased insurance). The budget would allow the MWCC to continue and expand the self-insurance initiative begun in 1992. It adds a risk specialist/manager and consulting ~e~vices for self-insurance, and deletes the fore- casted savings. The budget shown in the table reflects this negative value. ($268,530) Prog. 2900: Because of the agency's high priority on equal opportunity and diversity management activities and the needs generated by the MWCC's large and decentralized workforce, ad__d_ed staff .w_as: b__u...dgeted, in ~.i_s.~_ea,_including an o_~pc~.~_u_nity_consUltant and an administrative g!_e_r k. 1;74,969 Prog. 2500: The added budget is to a_dd a for financial and accounting ~ervices. It reflects the growing significance of financial management for the MWCC. $59,150 Program 3800: To support maintenance in the expanded regional plant system, the budget would tdd a staff engineer. $44,982 ~rogram 4100: Add six staff for expansion of Seneca WWTP, redistr~uted from other plants per labor agreement. ~$_2~_4~438. Program 3200: To assist with field work as the NuuaLime and N-Viro residual solids re-use pro- grams grow, the budget permits the RSM pro- gram to add an environmental scientist. This would free the current environmental scientist to manage outreach programs and should reduce overtime. '$38,280_ Program 3200: After two years of funding through the capital budget while under develop- ment, the N-Viro program for the southwest area is funded through the operating budget beginning 1993. $1.4 million Program $100: The budget_ad_drs__~ operations coordinator {in lieu of a lf2-time administrative -assistant). The intent is to undertake work to free the administrative manager to monitor training effectiveness in the department. ~ Program 3901: To provide more management ~t the Metro WWTP, add three staff magag~ de- lete the operations coordinator and janitor. Program 3902: Delete 16 assistant operators from this program in accordance with labor nego- tiations and add five staff in accordance with labor agreement. The budget shown in the table reflects this negative value. ($577,177) Program 3902: Budget for secondary N-Viro handling at Metro WWTP. $40,748 Program 3903: To comply with reporting re. quirements for air permits at the Metro WWTP, ~epla _ce part-time student engineer with a fulirtime engineering aide. $11,802.~__ Program 4200: Start-up of the expanded plant in 1991 produced larger quantities of sludge, which will be transported to Seneca or Metro for treat- ment. The budget in 1993 provides for ~three ad._~di_ti_on_a_~ _driye~rs- and two additional leased trucks. $21___~9,68!. Program 4200: The budget permits the additi.___~ of thr_ee_ s_ta__ ff to serve plant expansions: two as- Sistant operators and one lubricator. $143,258 Program 3300: The budget would a~Jd a 1/2- time secretar~ to support the regional maintenance clerical staff and provide afternoon receptionist coverage. $16,380 Program 4800: For the expanded Stillwater WWTP, a_dd an operator but delete overtime and this plant's share of the lead pipefitter..$_3_5 _~_ .7~ z ;t Submitted by: Barbara S. Arney Government Training Service April 18, 1991 INTRODUCTION A goal setting retreat was held at Mound City Hall on Saturday, April 6, 1991 with Department Heads and City Council. Barbara Arney, Government Training Service, was the facilitator for the retreat. The facilitator met with the City Manager prior to the session and established the following goals: o Review process on goals established by the Council in 1989 (at the last goal setting session) o Write a Mission Statement o Establish joint goals for 1991-1993 o Develop an action plan to achieve goals o Provide stronger communication between Department Heads and Council REVIEW OF SUCCESSES/PERSONAL ACCOMPLISHMENTS QF pAST YEA% -> Capital Improvement Plan establishes -> Public Works Building -> Increased efficiency of snow removal -> Increased sales at liquor store -> Got elected as Mayor -> Newsletter -> New edition -> C.R. 15 -> Fire rescue truck -> Implemented drug program -> Stoplight at Commerce and Linwood -> Got this Job -> Old IP garage--improvement -> Back-ups in finance -> Recycling -> Earthday Committee: tree planted -> Progress on Lost Lake -> Elected IIMC -> EDC: implement downtown study; retaining businesses -> Dealing with six Councils on fire issues -> Mound Crime Prevention (facilitated) -> Expansion and remodeling of City Hall; committees -> Board of ICBO -> Upgrade of equipment in Parks -> Adopt A Park -> Improve inventory system -> Signage in Parks; better equipment -> Sign at entrance of City -> Public Works employees did their own improvements in garage -> Expansion in recycling -> RR/Business cooperative team -> Re-elected Liz -> Computerized Fire Department -> Fitness program to Police use of citizen REVIEW OF 1989 PRIORITIES 1. IMPROVED COMMUNICATION WITH ALL LEVELS OF GOVERNMENT o Conducted one performance appraisal of the City Manager. In the process of developing a new format. o Committee of the Whole (COW) has been a success for increased Council communication; Staff needs feedback on Council decisions when they oppose Staff recommen- dation. o Citizens--survey completed; will develop a suggestion box. - - o Commissions--improved communication from last meeting; no longer feel a need for written job descriptions. o LGA--Council need to be involved at LMC at the state level rather than just the national level. 2. IMPROVED IMAGE o Mission Statement--is now being developed. o Truth in Housing is being worked on by the Planning Commission. o Marketing efforts--increase information on results of the survey. o EDC Task Force (now a commission) is developing recom- mentations. 3. REDEVELOPMENT OF THE CITY o Lost Lake and Outdoor Storage are in process. 4. ROLE OF CITY IN HEALTH AND HUMAN SERVICES ~takeholder Analysis Before writing a Mission Statement, the group identified who the stakeholders were in the City and on what criteria those stakeholders judged the performance of the City. They then rated the City based on how they perceived the stakeholder would rate the performance: High (H), Medium (M), Low (L). o Employees -> Proactive Council = M -> Budget = H -> Equipment = H -> Provide necessities to do your job - H -> Benefits and training = H -> Salary = L (Comp. Worth) -> Listening = H -> Support employees rather than residents = ? -> Council meetings ~ H o Residents always defending -> Taxes = L -> Services--The City is there when you need them = H --Quality of service = M -> How employees handle a confrontation/customer relations = M -> Parks = M -> Communication = M -> How employee represents the City on his/her own time = ? -> Equipment = H -> What's in the streets = M -> Litter = M -> Empty stores downtown = L -> All government employees o City Officials -> Who gets appointed to positions = M -> Agreements with Commissions = H -> Following recommendations of the Commission = H -> Personal gain vs. City = H Taxpayers Who Are Not Residents -> Customer relations -> Taxes -> Services o Visitors -> Attractions = L -> Lake access to and from = L/M -> Parks (geese) = L/M -> Police = L -> Appearance = L/M -> Housing appearance/storage = L/M -> Lake perspective of Mound = L/H -> Affluence = L/H o School District -> Police ~ H -> Services m H -> DARE - H -> Building - L LMDC -> Level of staff support = H -> Agree with them = L -> What representative does - H o Surrounding Communities -> Fairness of policy m M -> Zoning = L/H -> How much communication inter-city - M -> Level and quality of service - H -> Housing = L/H -> Potential for consolidation of services = L -> Businesses ~ M o Potential Customers -> Schools -> Parochial schools -> Neighborhoods -> Realtors -> Proximity to employment -> Transportation Mission Statement The following statement was agreed upon and would be handed out for feedback from those members not in attendance and then voted on at an official Council Meeting. "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, flourishing community." GOALS AND ACTION PLAN FOR 1991-1999 1. ISSUE: ACTION: How can the City of Mound improve customer service and employee morale given budget constraints and compar- able worth? Council and Manager meet to discuss informational meeting with departments. 2. ISSUE: ACTION: ISSUE: ACTION: 4. ISSUE: ACTION: 5. ISSUE: ACTION: How can the City budget deal with $200,000 of revenue cuts and maintain services? Finance Department and Council are working on this. How can we redevelop downtown to attract businesses? City provides low-cost interest loans; work with EDC. How can we redevelop our residential community to make Mound an attractive place to live? 1991--Truth in Housing; Zoning; Rental licensing 1992--Low interest improvement loan 1994--Direct Housing code 1996--Blight removal through scattered site acquisi- tion; proactive in enforcing existing code How do we provide recreational opportunities and tie the City and Lake Minnetonka together? 1991--Lost Lake; Mound Bay Park; fishing contests; outdoor storage; Milfoil; geese; new weed 1992--Community center; teen-youth bike paths MINUTES - ECONOMIC DEVELOPMENT COMMISSION - DECEMBER 17, 1992 The meeting was called to order in the City Council chambers at 7 AM. Members present: Paul Meisel, Mark Brewer, Ken Smith, Fred Guttormson, Sharon McMenemy-Cook, Marge Friedrichs and Jerry Pietrowski. Jerry Longpre arrived later. Also present: Mayor Skip Johnson and the following City Council members: Liz Jensen, Phyllis Jessen and Andrea Ahrens; Bruce Chamberlain of the Hoisington Koegler Group, Inc., LynDelle Skoglund of the Park and Open Space Commission; Gino Businaro, Finance Director; Ed Shukle, city Manager and Stan Drahos, EDC applicant. It was moved by Smith, seconded by Guttormson and carried unanimously to approve the Minutes of the November 19, 1992 regular meeting. Stan Drahos, applicant for the vacancy on the EDC, was present for his interview with the Commission and city Council. He indicated his interest in the community and that he has been involved in many community activities over the years. He further stated that he wishes to see Mound developed and become more like other cities around Lake Minnetonka. Following his interview, Mr. Drahos was excused. It was moved by Smith, seconded by Guttormson and carried unanimously to recommend the appointment of Stan Drahos to fill the current vacancy on the EDC. city Council will take up this matter on January 12, 1993. A discussion led by Bruce Chamberlain regarding the promotional packet under Mound visions. The contents of the packet were discussed and suggestions were made from both the Commission members and Council members. The commission adjourned to the conference room and the City Council remained in the chambers to have a special City Council meeting dealing with three items. The EDC spent further time discussing the contents of the packet and adjourned at approximately 8:45 AM. The next meeting of the commission will be January 21, 1993, at 7 AM, at City Hall. Fred Guttormson will bring the rolls. R~t fully, City Manager submitted, ES:is LAKE MINNETONKA CONSERVATION DISTRICT 1993 Report to the Mayors Agenda 7:00 am, Friday, Jan. 8, 1993, Lafayette Club Welcome and self introductions of all persons present. Overview of the purpose of todaY's report, Chair Cochran: a. Introduce four major work priorities for 1993 Invite ~eedback and response from mayors/council members in attendance on topics presented . . . or on pny p. ther ~opic ~ city representative may wish to brinq up . . . · [COMMENTS OR QUESTIONS MAY BE BROUGHT UP AFTER EACH PRESENTATION, AND ADDITIONAL COMMENTS, QUESTIONS RAISED OH ANY OR ALL OF THE FOUR TOPICS OR OTHER ITEMS AFTER THE LAST PRESENTATION] Topics to be reported upon and the board member reporting ao Annual budget for 1993 -- Treasurer -- and Mayor -- Scott Carlson, City of Minnetrista be Eurasian water milfoil control program, EWM Task Force Chair Tom Penn, City of Tonka Bay Lake access study, Lake Access Task Force Chair Jim Grathwol, City of Excelsior Lake use related to the 1992 Biocentric Study, Lake Use and Recreation Committee Chair Bert Foster, City of Deephaven e Open forum on any of the above reports or other item of interest to persons assembled. Recommendations for a future progress report meeting with the mayors and city representatives . . . set month ? set day? Closing note of appreciation for everyone's attendance. LAKE MINNETONKA CONSERVATION DISTRICT 3. 4. 5. 6. 7. January '93 Budget Presentation to Mayors 1993 Budget as Amended by Board 10/28/92 1991 1991 1992 1993 REVENUE Budget Actual Budget Budget LMCD Communities Admn Levy $103,825 103,825 107,230 60,000 Reserve Fund Allocation Ca) -0- -0- -0- 43,432 Court Fines 35,000 54,851 38,000 45,000 Licenses & Permits Cb} 65,000 101,815 85,000 117,300 Interest, public funds 8,000 13,930 8,000 7,000 Shoreland Rules, DNR Agreement 45,000 20,000 20,000 -0- Shoreland Rules, DNR, Admn/Cons. 15r00~ 10~000. 10r000 -0- Sub-Total, Administration $271,825 304,121 268,230 272,732 Ca} '93 budget increased by $27,700 reflecting multiple dock license fee reduction from $15 WSU to $10/WSU. {b} '93 budget decreased by $27,700 per note "a" above. EW Milfoil Program: ao City Contributions 63,000 63,000 63,000 b. Other Public Agencies 102,000 30,000 170,000 c. Private Solicitation 85,000 36,331 17,000 d. Reserve Fund Allocation -0- -0- -0- e. Interest, Public Funds -0- -0- -0- Sub-Total, Milfoil 250,000 129,331 350,000 9. TOTAL REVENUE $521w 825 433, 452 518~ 230 63,000 --0-- 37,000 35,000 5,700 140~700 413,432 DISBURSEMENTS Administration: 4. Personnel Services Total 115,300 119,669 121,500 8. Contractural Services Total 17,675 15,136 15,680 17. Office & Admn. Total 19,850 21,564 23,750 19. Capital Outlay Total 3,000 3,789 2,000 23. Legal Total 40,500 53,517 43,300 32. Consulting/Studies Total 66,500 20,505 --50,500 33. Total Administration ~62,825 ~34, 180 256,730 34. Contingency/Miscellaneous (5%) 9,000 1, 285~ 11, 500_ Total Admn, Contingency 42. EW Milfoil 43. TOTAL ADMN, Harvesting Program EWM DISBURSEMENT 271,825 235,465 268,230 263,315 94,818 250,000 138,700 16,032 23,300 5,000 52,200 _37,500 272,732 -0- 272,732 140,700 $535, 140 330,283 518,230 413,432 i LAKE MINNETONKA CONSERVATION DISTRICT/MN DEPARTMENT OF NATURAL RESOURCES 1992 Joint Study WORK COMPLETED ON LAKE MINNETONKARECREATIONAL RESEARCH DURING SUMMER 1992 The following is a listing of the major topical areas of work conducted during the summer boating season. The results of this work will be presented in an executive summary that is scheduled to be completed this March. Boat Numbers, Density and Movement: Determined from aerial counts the number and distribution of boats by management area at peak times on fair weather weekdays (N=7) and weekends/holidays (N=12). Data are compatible with previous efforts dating back to 1984. Boats were classified by activity status. About half the boats during any given flight were inactive (not producing a wake, or beached, or rafting, or at a transient dock). Obtained for 3 weekend afternoons photographs of the entire lake for documentation and further analysis (e.g., number of boats within so many feet of shore). Source of Boats: Determined from aerial observation and coordinated riparian resident interviews the contribution to total boats observed in the aerial flights from four sources: public access, marina/private access, riparian resident and undetermined. For the first time, the riparian resident contribution was separated from the aggregate category "riparian resident and all other" in which the riparian contribution was reported in previous years. The attempt will be make to determine the contribution of one final source (municipal docks) from the aerial photographs. If successful, this should significantly reduce the size of the "undetermined" source of boats. Distribution of Boats from Public Access: To determine how public access users are distributed on the lake at peak times on weekends, 407 origin-destination interviews were conducted. Once analyzed relative to the distribution of all boats from the aerial flights, these data will indicate the extent to which public access boaters use the same areas of the lake as other boaters. In addition, this information will indicate how far public access users travel from the launch ramp, which will be useful in anticipating the effects of future access development on different parts of the lake. Boater and Boating Characteristics: Based on in-person interviews with 309 public access boaters and 300 marina boaters, and on mail surveys returned from 330 riparian residents, the study collected the following: Demographics of boating party, including residential location, household income, size of party, age composition of party, safety training of boat operator, and length of time respondent has boated on Minnetonka. Boat type, length, engine size and on-board safety equipment. Major activity of boating trip. Boater Experience; Based on in-person interviews with 309 public access boaters and 300 marina boaters, and on mail surveys returned from 330 riparian residents, the study collected the following: Boater satisfaction with the trip.' Boater's expectations of crowding prior to trip, perception of crowding during trip, and whether the boater would return if the same conditions were encountered. Problems boaters encountered on their trip, including problems related to safety and conflicts with other boaters. Public access user's perception of adequacy of the access facility, including improvements needed. Boater's awareness of surface water controls, the need for greater enforcement of existing controls, need for further controls and effect of controls on trip enjoyment. Boater desires for additional facilities/opportunities for beaching, anchoring, lakeshore waysides, restaurants and purchasing gas. Whether boaters encountered and were checked by an enforcement officer. 1/6/93 3 g~tl~ ~a'lh~ Wa~'/'a~ ~lxa.~m EXECUTIVE SUMMARY The Eurasian water milfoil infestation is, and continues to be, a major problem on Lake Minnetonka insofar as both aesthetics and recreational purposes are concerned. The LMCD harvesting and control program is certainly a beneficial tool in lake management by helping to alleviate this problem until a more permanent solution can be found. However, milfoil surface matting will most likely be more prevalent in 1993 with stabilized or decreasing lake water levels and more normal summer mean temperatures. 1.) A plan needs to be developed concerning how the harvesting will be accomplished in 1993 and beyond. This would be especially true if more areas with increased milfoil growth are to be harvested in the next few years. From survey results, it appears that many areas such as the west portion of Grays Bay and the north shore of Smiths Bay should be harvested as aesthetics are equally as important as recreational use of the lake. 2.) The problem of most consequence is lack of experienced and qualified people to do the actual harvesting work on the lake. More emphasis is needed in finding and hiring a project manager and/or supervisor with the necessary skills to efficiently run the program on some type of continuing basis. It is probably impossible to do this harvesting properly starting with new people each spring who are not adept or qualified to do this type of work. 3.) Equipment maintenance is, and will continue to be, a major expense as it is used more extensively and as it ages. The importance of this maintenance along with modification cannot be overemphasized. 4.) Biological controls are possible and probable and more emphasis should be placed on this important ele~nent of Lake Minneton 'lka management. Chemicals, in abundance, besides being harmful, are not a long term solution to the milfoil problem. 5.) Information and ecological data regarding water quality needs to be obtained for the lake; and, equally important, information already available needs to be assimilated, analyzed, and compiled for a useful lake management tool in controlling EWM and other lake water quality problems. 4 MECHANICAL HARVESTING EFFECTIVENESS It is somewhat difficult to accurately make an assessment of the effectiveness for harvesting in 1992 as the summer season was unusually cool which probably inhibited the growth of the Eurasian water milfoil to some extent. The water levels for this recent year were also considerably above those of the previous three years; in fact, the all time low was in 1990 at 925.4 feet above sea level at Grays Bay dam and in late March, 1992, the lake level was 930.0 - an Increase of 4.6 feet. The lake did subside, however, in 1992 t°ward the ordinary high water level of 929.4 feet above sea level at the dam outlet. These higher water levels would influence the nuisance value of the EWM in a positive way (less growth) for 1992 as the milfoil would have less interference on water recreation such as swimming and boating as in the previous three years. However, this negative growth effect of the milfoil will probably not happen in 1993 or subsequent years as the littoral zone lake depth where the weed is growing will remain the same or decrease. Public access monitoring was done numerous times in 1992 and these accesses were found to be relatively clear of milfoll growth. The following chart exhibits examples of inspection and clean-up of major public areas of boat launching sites and egress points from the lake. JAN 8 199J LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Task Force Agenda 7:00 pm, Wednesday, January 13, 1993 Freshwater Biological Institute . . N 0 T E 2500 Shadywood Rd., {County Rd. 19} Navarre CHANGE e Welcome, roll call of designated Task Force spokespersons and guest introductions, Chair Jim Grathwol Review of agenda, call for consideration of additional items not on the agenda, Facilitator Don Buckhout Review of Task Force Operating Guidelines as provided in draft outline, consideration for adoption; Review of Steering Committee and subcommittee objectives as recommended by the Steering Committee: a. Steering Committee b. Car/Trailer Parking Agreements Subcommittee c. Equitable Distribution and Access Siting d. Funding (no objectives proposed at this time, additional consultation with MN DNR advised.) Recommendation for next Task Force meeting date; Adjourn (Revised by Steering Committee 12/29/92) The Lake Minnetonka Conservation District (LMCD), at the suggestion of the Department of Natural Resources, and in furtherance of its lake management plan, has formed a task force to discuss boat launch ramp access and car/trailer parking at Lake Minnetonka. To facilitate its discussion of these issues and other matters associated with the conduct of its business, the task force adopts the following guidelines. 1. The name of the task force will be the Lake Access Task Force. The purpose of the Task Force shall be to advise the LMCD and other responsible government units on the following objectives: a) b) c) d) e) f) Develop a plan for public boat launch ramp access at Lake Minnetonka; Recommend action to achieve the LMCD lake management plan goal of 700 reliable car/trailer parking places for Lake Minnetonka; Recommend minimum parking standards for car/trailer parking; Develop an inventory and grading system for existing and proposed boat launch ramps and car/trailer parking; Recommend interagency agreements conforming existing car/trailer parking to minimum parking standards; Evaluate proposed additional boat launch ramp access and car/trailer parking acquisition and development; g) h) Recommend investigation of potential new sites for boat launch~s~~~/'~ and car/trailer parking; Develop recommendations for encouraging equitable distribution of access and coordination and cooperation among agencies involved. 3. Membership a) The task force membe~'ship shall be one individual representative from each of the following organizations, units of government and agencies: City of Deephaven City of Excelsior City of Greenwood City of Minnetonka City of Minnetonka Beach City of MinneU'ista 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 Lake Minnetonka Lakeshore Representati¥~ Howard Bennis .lohn Anderson Alan M. Albrecht Tim Bergstedt Tom Markle Scott Carlson Skip Johnson Gabriel Jabbour Kristi Stover Jerry Rockvam Veto Haug Peter Hill Barry Petit Nick Duff Don Germanson .Owners Association (LMLOA) Hennepin Parks Doug Bryant Lake Minnetonka Conservation District Hennepin County Minnehaha Creek Watershed District Fishermen Advocating Jim Grathwol Emily Ann Staples Tom Maple Gary Larson Intelligent Regulation (F.A.I.R.) MN Sporffishing Congress Dept. of Natural Resources Maxwell Bay Citizens Group John Schneider Mike Markell Bev Blomberg b) Each individual representative shall be selected by the member organization, unit of government or agency. Alternate representatives may also be designated in the event that the primary representative is not available to attend a meeting. However, individual representatives should be selected with consideration given to the Task Force need for consistency of individual representation throughout the process. Members may replace their individual representative at any time and should notify the task force chair or designated staff upon doing so. c) New organizations, units of government or agencies may be added to the task force membership with the approval of the task force and in accordance with conditions established by the task force at that time. d) All meetings of the task force and any associated subcommittees are open to the public. Notices indicating the time and place of meetings will be provided to interested persons. The chair will provide appropriate ,' ~ 1 opportunities for presentation of oral and written statements by thc public at task force and subcommittee meetings. However, it should be noted that time for public comment may be very limited and the public will be encouraged to direct comments and suggestions through appropriate member representatives. 4. Procedures Task force members agree to engage in a good faith cffort to achieve task force objectives through an open, creativc process. Individual representatives are responsible for keeping their constituents informed of the work of the task force and to solicit their input prior to key task force decisions. b) The task force may establish subcommittees as needed to address specific issues. Membership of subcommittees is not limited to persons or groups represented on the task force. Subcommittee recommendations will be submitted to the task force. c) d) Task force and subcommittee meetings will be scheduled with sufficient time and adequate notice between meetings to provide members with an opportunity to consult with and obtain advice. Materials to be discussed will be circulated at least 7 days in advance of task force and subcommittee meetings. The LMCD representative shall serve as the Task Force Chairperson. The primary functions of the Chairperson will be to develop the agendas for · " : :: ,"-"-.'"- task force meetings and to organize and conduct meetings with the intent that all points of view be heard. The Chairperson shall remove hirn~erself from this position if he/she cannot go along with task force goals or if he/she affects the credibility of the task force. The Chairperson or any other individual representative or alternate shall not state a policymaking position on behalf of the task force unless authorized to do so by the consent of the task force. e) The LMCD will obtain a facilitator to assist the task force in the conduct of its business. The facilitator will serve at the discretion of the task force. The facilitator will be responsible for helping to ensure that the process runs smoothly, for preparing draft and final meeting summaries, and helping parties resolve differences and achieve consensus on issues addressed by the task force. f) Meeting Summaries. Preparation of summaries of the task force decisions will be supervised by the chairperson and the facilitator and, after review and approval by the task force, will be published as the work of the task force. Meeting summaries, along with meeting notices and agendas, will be mailed to the task force list of interested persons. g) Staff. The LMCD and the Department of Natural Resources will provide staff support for the task force at their discretion. h) Decision Making and Agreement. (i) Caucuses. Any individual representative may request of the chair or facilitator at any time, a caucus for the purpose of consultation and decision making. (ii) Polling. Any individual representative of a member may request a non-binding, non-recorded indication of objections to a matter under consideration for the purposes of determining tentative support for that matter. (iii) Consensus. The task force and subcommittee decisions will be made by consensus, except for procedural matters unrelated to objectives listed in Item 2 above, which may be decided by a simple majority at the discretion of the task force. Consensus means the lack of dissent by any individual representative. In those cases where the Task Force does not reach consensus the matter will be referred to the Steering Committee in order to seek resolution by appointing a delegation to meet with dissenting parties, ff the Steering Committee resolution process is unsuccessful, the Task Force will solicit reports from the majority and minority parties and submit them to the LMCD for a final determination. Location: 1. LAKE MINNETONKA LAKE ACCESS TASK FORCE STEERING COMMITTEE MEETING SUMMARY- DECEMBER 29, 1992 LMCD Offices, Wayzata The meeting was convened at 7:00 p.m. by Bert Foster, Chair- LMCD(Deephaven). In addition to Mr. Foster, those members present were: Gordon Kimball-DNR; Don Germanson-LMLOA; Dave Cochran- LMCD(Greenwood); Jim Grathwol-LMCD(Excelsior); Doug Babcock- LMCD(Spring Park). Others present: Gene Strommen-LMCD Executive Director; Don Buckhout-Task Force Facilitator. Review of Draft Task Force Operating Guidelines: The committee members reviewed the draft Task Force Operating Guidelines developed by Jim Grathwol and Don Buckhout. Most of the discussion centered on the provision for consensus decision-making. It was decided to add a role for the Steering Committee to seek resolution of issues on which the Task Force fails to reach consensus by appointing a delegation to meet with dissenting parties in order to seek to resolve the differences. There was also discussion about adding new members to the Task Force. In particular, the instance of membership and participation by organized citizen groups that are formed for a special interest purpose, such as to express opinions on a new access ramp in their community, was discussed. It was decided that the Operating Guidelines allow for addition of new Task Force members, such as these groups, according to terms established by the Task Force at the _time the request for membership is received. Finally, it was agreed that the Task Force is defined as being advisory to the LMCD and possibly to other governmental units. The Committee agreed to submit the draft Operating Guidelines to the Task Force for review and adoption at the January 13 meeting. Task Force Meeting Agenda: It was agreed that the agenda for the next Task Force meeting should be: Review of Task Force Operating Guidelines Review of Subcommittee Objectives Review of Draft Model Parking Agreements Subcommittee Objectives: The Steering Corrimittee developed a list of preliminary Subcommittee objectives for each of the three new subcommittees, plus the Steering Committee. These will be reviewed by the Task Force and referred to Subcommittees for further consideration and amendment. It was felt that it would be more efficient for the subcommittees to have some initial objectives to start with and the intent of the Steering Committee is that these could be modified as the subcommittees see fit. Steering Committee Objectives 1. Discuss and Recommend matters relating to policy, procedures and agendas to thc Task Force. 2. Appoint delegations to seek resolution of issues on which the Task Force is unable to reach consensus. Car/Trailer Parking Agreements Subcommittee Objectives 1. Based on thc parking space inventory, recommend types of agreements needed to make existing parking acceptable under the standards. 2. Consider the priority parking space agreements needed to meet an April 15 deadline. 3. Recommend standards for quality (a grading system) of parking spaces and access ramps. Note: This subcommittee would not work directly with municipalities to develop parki*ng agreements but would encourage appropriate agencies to do so. Equitable Distribution and Access Siting Subcommittee Objectives 1. Consider and make recommendations on equitable distribution of siting, sharing or' local contribution for access and parking, suitability of additional sites, and park and launch agreements with private marinas. 2. Review and make recommendations on suitability and feasibility of additional potential access sites (e.g. Howard's Point, Mai Tai, Advance Machine) 3. Review and make recommendations regarding the development of proposed access facilities (e.g. Hennepin Parks, Gray's Bay Causeway) Secure Funding Subcommittee No proposed objectives yet; need additional consultation with the DNR Review of Draft Model Parking Agreement~ This agreement is still being developed by Gordon Kimball and Gene Strommen. Don Gerrnanson requested that the Steering Committee send representatives to meet with the LMLOA Board at their January 11 meeting to discuss further the issues related to the 700 car/trailer parking spaces goal that was not resolved at the December 9 Task Force meeting. Mr. Germanson requested that Jim Grathwol from the Task Force and Dennis Asmussen, Mike Mark, Il, and Gordon Kimball from the DNR be present. Other Steering Committee members that will attend are Bert Foster and Dave Cochran and possibly an additional member yet to bc named. 7. Thc meeting was adjourned at 9:20 p.m. 9~..~tfully submitted, ~._/~ ~, n Buckhout, Task Force ~cilitator STEERING COMMITTEE AND SUBCOMMITTEE OBJECTIVES FOR DISCUSSION Steering Committee Objectives 1. Discuss and recommend matters relating to policy, procedures and agendas to the Task Force. 2. Appoint delegations to seek resolution of issues on which the Task Force is unable to reach consensus. Car/Trailer Parking Agreements Subcommittee Objectives 1. Based on the parking space inventory, recommend types of agreements needed to make existing parking acceptable under the standards. 2. Consider the priority parking space agreements needed to meet an April 15 deadline. 3. Recommend standards for quality (a grading system) of parking spaces and access ramps. Note: This subcommittee would not work directly with municipalities to develop parking agreements but would encourage appropriate agencies to do so. Equitable Distribution and Access Siting Subcommittee Objectives 1. Consider and make recommendations on equitable distribution of siting, sharing of local contribution for access and parking, suitability of additional sites, and park and launch agreements with private marinas. Review and make recommendations on suitability and feasibility of additional potential access sities (e.g. Howard's Point, Mai Tai, Advance Machine). Review and make recommendations regarding the development of proposed access facilities (e.g. Hennepin Parks, Gray's Bay Causeway). Secure Funding Subcommittee No proposed objectives yet; need additional consultation with the DNR. 1/13/93 Mtg. x. ~,~ o o - _ ~' ' ~:::~ ~ ~zc Coz o ~ o o~ ~0 ~ ~ O0 0 ~ ~o ~ ~o zzpz ZmZ ~0~0 ~0~~z oz~ ~ ~ ~ ~C~0~ ~oc~ ~ o ~ o~o~ ~ ~, O~ ~0 0 ~ m m CITY of MOUND I 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364-~687 i612) 472-0600 FAX i612~ 472-0620 January 8, 1992 TO: Ed Shukle City Manager FROM: Joyce Nelson Recycling Coordinator SUBJECT: December's Recycling In the meetings that we've been having with Knutson Services and the cities of Mtka. Beach, Wayzata, Spring Park, Excelsior and Shorewood, we have stressed the fact that we've haven't been getting our tonnage report in time. Ail of the cities have agreed to the .10¢ increase for 93 and 94. Spring Park is thinking about 94. We will still be getting some of the revenue sharing. There has been several calls for containers, they take a real beating in the winter months. We've mentioned to Knutson that they were not leaving tags on the unwanted or not properly separated materials. printed on recycled paper Northern Gary R. Johnlon Vice President and General Counsel Hollies M. wm~o~ socre~ry De¥id A.I..Iwrenco Jlck F. Sjoholm D~rector--L~ D~re~or --L~w Writer's D,rect Dial Number 330-2868 JAN ! 1 1993 States Power Company Law Department 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612)330-6600 Fax No. (612)330-5827 January 7, 1992 Gene R Sommers Ralph S Towler Stephen C Lapadel Haro~l J 8agley James L AIIman Oonnelk3a L Roce Chert L 8r~x Michael J Hanson Michael C Connelly John W Hame Chendra G Houston Audrey A Zibelmen TO: MUNICIPALITIES AND COUNTIES IN NSP'S ELECTRIC SERVICE TERRITORY RE: Minnesota Public Utilities Commission Docket No. E-002/GR-92-1185 On November 2, 1992, Northern States Power Company CNSP") filed for an electric rate increase with the Minnesota Public Utilities Commission ("PUC"). The Commission has accepted NSP's filing and issued a Notice and Order for Hearing. A copy of this notice is enclosed, as directed by the Commission. The Commission has referred this filing to the Office of Administrative Heatings for evidentiary and public hearings. At a preheating conference held December 18, 1992, Judge Richard C. Luis set January 22, 1992 as the last day to file petitions to intervene as a formal party to the case. Petitions should be addressed to Judge Luis at the Office of Administrative Heatings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401-2138, and served on NSP. Other procedural matters are discussed in the PUC's Notice and Order for Hearing. Also enclosed is NSP's Notice of Application for Rate Increase. If there are questions, feel free to call the undersigned. Audrey Zibelman Senior Attorney Notice to Counties and Municipalities Under Minn. Stat. § 216B.16, Subd. 1 BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION STATE OF MINNESOTA In the Matter of the Application of ) NORTHERN STATES POWER COMPANY, ) Minneapolis, Minnesota, for ) Authority to Change its Schedule ) of Electric Rates for Retail Customers ) Within the State of Minnesota ) .NOTICE OF APPLICATION FOR RATE INCREASE DOCKET NO. E002/GR-92-1185 On November 2, 1992, Northern States Power Company (NSP) filed notice of an increase in its electric rates with the Minnesota Public Utilities Commission pursuant to Minnesota Statues §216B.16. The Company' proposed a schedule of new rates to take effect on January 1, 1993. If the Commission suspends the proposed rates so they do not go into effect, it must permit the Company to put interim rates into effect on January 1, 1993, until a final rate level is determined. NSP has filed a schedule of interim rates based on the Commission Order in the preceding NSP electric rate case. The Commission will determine the amount of increase in rates it will allow on or before September 2, 1993, and final rates reflecting that determination will be implemented thereafter. If the final rate level is less than the interim rate level, the amount collected during the interim period attributable to that difference will be refunded to customers with interest. Examples of the effect of these increases on typical bills are as follows: I I Average Monthly Bills Residential Service Use Present' 250 KWH $ 17.79 500 KWH $ 36.08 750 KWH $ 51.88 1000 KWH $ 67.67 Small General Service Interim Proposed $18.74 $ 20.73 $ 38.01 $ 39.97 $ 54.66 $ 57.70 $ 71.30 $ 75.43 Use 500 KWH $ 38.18 1000 KWH $ 69.77 2000 KWH $132.93 $ 40.23 $ 41.42 $ 73.51 $ 75.83 $140.06 $144.67 General Service Use(KWH/Demand (KW) 10,000/50 $ 661 $ 696 $ 722 30,000/75 $1,417 $1,493 $1,544 400,000/1,000 $18,625 $19,623 $20,315 * The present rate levels identified in this application represent the rates authorized in Docket No. E002/GR-91-001. The Department of Public Service is conducting an investigation of NSP's books and records. Individual customers will be notified when public hearings are scheduled. The proposed rate schedules and a comparison of present and proposed rates may be examined by the public during normal business hours at the Department of Public Service, 121 7th Place East, Suite 200, St. Paul and at Northern States Power Company offices located at 414 Nicollet Mall, Minneapolis; 2302 Great Northern Drive, Fargo; 421 Wabasha St., St. Paul; 825 Rice St., St. Paul; 1700 E. County Road E, White Bear Lake; 3000 Maxwell Ave., Newport; 2763 First Ave. N.W., Faribault; 3930 Pepin Ave., Red Wing; 3515 Third Street. N., St. Cloud; 5050 Service Drive, Winona; 500 W. Russel St., Sioux Falls; 4501 68th Ave. N., Brooklyn Center; 5309 W. 70th St., Edina; 210 Lime St., Mankato; 5505 County Road 19, Shorewood; 1505 Washington Ave., Montevideo; and 3115 Centre Pointe Drive, Roseville. If you wish to intervene or testify in this case, contact the Minnesota Office of Administrative Heatings, Suite 1700, 100 Washington Square, Minneapolis, Mn. 55101- 2147 or contact Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul, Minnesota, 55101-2147 or phone (612) 296-7124. BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Don Storm Tom Burton Cynthia A. Kitlinski Dee Knaak Norma McKanna Chair Commissioner Commissioner Commissioner C~mmissioner In the Matter of the Application of Northern States Power Company for Authority to Increase Its Rates for Electric Service in the State of Minnesota ISSUE DATE: December 14, 1992 DOCKET NO. E-002/GR-92-1185 NOTICE AND ORDER FOR HEARING PROCEDURAL HISTORY I. Proceedings to Date On November 2, 1992 Northern States Power Company's Electric Utility (NSP or the Company) filed a petition seeking a general' rate increase of $119,000,000l, or 8.98%, effective January 1, 1993. On December 14, 1992 the Commission issued its Order Accepting Filing and Suspending Rates in the matter. A copy of the Company's rate increase proposal is on file in the offices of the Department of Public Service, 121 7th Place East, Suite 200, St. Paul, Minnesota 55101-2145, and is open for public inspection during regular office hours. Copies are also available for public inspection' at the Company's office at 414 Nicollet Mall, Minneapolis, Minnesota 55401. 1 In its No~ice of Change in Rates the Ccmpany stated its proposed rate increase was $119 million; the accompanying schedules and workpapers supported an increase of $119.138 million. In its ORDER ACCEPTING FILING AND SUSPENDING RATES the Commission found that the Notice of Change in Rates controls and that any final rate increase cannot exceed tke amount set forth there. FINDINGS AND CONCLUSIONS II. jurisdiction and Referral for Contested Case Proceedings The Commission has jurisdiction over proposed rate changes under Minn. Stat. § 216B.16 (1990). If the Commission is unable to resolve all significant issues regarding the reasonableness of the proposed rates on the basis of the filing itself, the Commission is to refer the matter to the Office of Administrative Hearings for contested case proceedings. Minn. Stat. § 216B.16, subd. 2 (1990). The Commission finds that it cannot satisfactorily resolve all questions regarding the reasonableness of the proposed rates on the basis of the Company's filing. The Commission will therefore refer the matter to the Office of Administrative Hearings for contested case proceedings. III. Proposed Rates The Company proposes rate increases by customer class as follows ($1,000's): Customer Class/ Revenue Cateqory Residential Commercial/Industrial Other Sales to Public Authorities Street and Protective Lighting Late Charges Present Proposed Rates Rates $460,894 $512,363 836,207 902,344 9,228 10,116 17,322 17,637 3,664 3,993 Total Retail2 $1,327,315 $1,446,453 The Commission has suspended the Company's proposed rates by separate Order. By further Order, the Commission will direct the Company to place an interim rate schedule into effect. Interim rates are subject to refund if the Commission ultimately orders a lower overall revenue increase than is recovered through interim rates. Minn. Stat. § 216B.16, subd. 3 (1990). 2 This figure does not include local franchise fees, which are collected for local governments and do not affect net operating income. This figure also does not reflect the Commission's finding in its ORDER ACCEPTING FILING AND SUSPENDING RATES that the rate increase cannot exceed the amount set forth in the Company's Notice of Change in Rates, $119 million. IV. Issues to be Addressed Parties shall address the following issues in the course of the contested case proceedings ordered herein: (1) Is the test year revenue increase sought by the Company reasonable or will it result in unreasonable and excessive earnings by the Company? (2) Is the rate design proposed by the Company, including its proposed restructuring of interruptible rates, reasonable? (3) Are the Company's proposed capital structure and return on equity reasonable? (4) Is the Company's proposal for imDlementinc SFAS 106 reasonable?3 ' ~ (5) What are appropriate rates for standing by with capacity and how do general service and standby service demand charges relate to one another during customer system outages? (6) Should any adjustments be made to the Company's proposal to include refuse derived fuel generating facilities in rate base and to recover their operating costs from ratepayers?~ The parties may also raise and address other issues relevant to the Company's proposed rate increase. V. Procedural Outline A. Administrative Law Judge The Administrative Law Judge assigned to this case is Richard C. 3 See, two Commission Orders: In the Matter of the Accountinq and Ratemakinq Effects of the Statement of Financial Accountinq Standard No. 106, Docket No. U-999/CI-92-96, ORDER ADOPTING ACCOUNTING STANDARD AND ALLOWING DEFERRED ACCOUNTING (September 22, 1992) and ORDER DENYING PETITION FOR RECONSIDERATION, GRANTING IN PART AND DE}~ING IN PART PETITIONS FOR CLARIFICATION (November 2, 1992). ~ The Commission consolidated the record of its investigation of the Company's refuse-derived fuel activities with this rate case record in an Order dated October 30, 1992. In the Matter of an Investiaation Regardina Northern States Powe~ Company's Refuse Derived Fuel Activity, ORDER ACCEPTING REPORT AND CONSOLIDATING RECORD. 3 Luis. His address and telephone number are as follows: Office of Administrative Hearings, Suite 1700, 100 Washington Square, Minneapolis, Minnesota 55401-2138; (612) 349-2542. B. Hearing Procedure Hearings in this matter will be conducted in accordance with the Administrative Procedure Act, Minn. Stat. $§ 14.57-14.62 (1990); the rules of the Office of Administrative Hearings, Minn. Rules, parts 1400.5100 to 1400.8400; and, to the extent that they are not superseded by those rules, the Commission's Rules of Practice and Procedure, Minn. Rules, parts 7830.0100 to 7830.4400. Copies of these rules and statutes may be purchased from the Print Communications Division of the Department of Administration, 117 University Avenue, St. Paul, Minnesota 55155; (612) 297-3000. Under these rules parties may be represented by counsel, may appear on their own behalf, or may be represented by another person of their choice, unless otherwise prohibited as the unauthorized practice of law. They have the right to present evidence, conduct cross-examination, and make written and oral argument. Under Minn. Rules, part 1400.7000, they may obtain subpoenas to compel the attendance of witnesses and the production of documents. Any party intending to appear at the hearing must file a notice of appearance (Attachment A) with the Administrative Law Judge within 20 days of the date of this Notice and Or~er for Hearing. Failure to appear at the hearing may result in facts and issues being resolved against the party who fails to appear. Parties should bring to the hearing all documents, records, and witnesses necessary to support their positions. They should take note that any material introduced into evidence may become public data unless a party objects and requests relief under Minn. Stat. S 14.60, subd. 2 (1990). Any questions regarding discovery under Minn. Rules, parts 1400.6700 to 1400.6800 or informal disposition under Minn. Rules, part 1400.5900 should be directed to Margie Hendriksen, Special Assistant Attorney General, 121 7th Place East, Suite 350, St. Paul, Minnesota 55101-2147, (612) 296-0410. The times, dates, and places of public and evidentiary hearings in this matter will be set by order of the Administrative Law Judge after consultation with the Commission and intervening parties. 4 C. Intervention Persons wishing to become formal parties to this proceeding shall promptly file petitions to intervene with the Administrative Law Judge. They shall serve copies of such petitions on all current parties and on the Commission. Minn. Rules, part 1400.6200. D. Prehearing Conference A prehearing conference will be held in this matter on Friday, December 18, 1992 at 9:30 a.m. in the Large Hearing Room, Public Utilities Commission, 121 7th Place East, Suite 350, St. Paul, Minnesota 55101. It will be combined with the prehearing conference in the Company's gas rate case, which was filed the same day.5 Persons participating in the prehearing conference should be prepared to discuss the standard issues of time frames, scheduling, discovery procedures, and similar issues. They should also be prepared to discuss coordinating proceedings in the two rate cases. Although the two cases will be tried separately, by separate Administrative Law Judges, the cases do involve some of the same issues, witnesses, customers, and parties. The two Administrative Law Judges have urged interested persons to consider ways of avoiding duplicative hearings and minimizing scheduling ccnflicts, such as holding joint public hearings and combining evidentiary hearings on specific issues. The Commission urges full cooperation with these efforts by all parties. E. Time Constraints The Commission is required to act on the Company's filing within ten months, or the proposed rates are deemed approved. Minn. Stat. ~ 216B.16, subd. 2 (1990). This ten-month period can be extended for two months, if the parties submit a settlement which is rejected by the Commission. Minn. S~at. § 216B.16, subd. 2 (1990). The Commission asks the Office of Administrative Hearings to conduct contested case proceedings in light of these time constraints and requests that the Administrative Law Judge submit his final report by July 2, 1993, to allow the Commission adequate opportunity for thorough consideration of the case. 5 In the Matter of the ApPlication of Northern States Power Company for Authority to Increase Its Rates for Gas Service in the State of Minnesota, Docket No. G-002/GK-92-1186. The Commission notes that the statutory deadline for the final Order in this case falls within 20 working days of the statutory deadline for the final Order in an earlier case filed under Minn. Stat. § 237.075 (1990).6 Assuming the earlier-filed case was complete on the date of filing (or before the date this case was filed), the Commission can extend the rate suspension period and Order deadline in this case by 20 working days, if necessary. Minn. Stat. ~ 216B.16, subd. 2 (b) (1990). Similarly, this case and the Company's general rate case for its gas utility were filed on the same day, making available, if necessary, another 20-working day extension. At this point it is unclear if either or both of these rate cases will require an extension of the standard 10-month rate suspension period. vi. Application of Ethics in Government Act The lobbying provisions of the Ethics in Government Act, Minn. Stat. §§ 10A.01 et seq. (1990), apply to general rate cases. Persons appearing in this proceeding may be subject to registration, reporting, and other requirements set forth in that Act. Ail persons appearing in this case are urged to refer to the Act and to contact the Minnesota Ethical Practices Board, telephone number (612) 296-1720, with any questions. VII. Ex Parte Communications Restrictions on ex parte communications with Co~missioners and reporting requirements regarding such communica-ions with Commission staff apply to this proceeding from the date of this Order. Those restrictions and reporting requirements are set forth at Minn. Rules, parts 7845.7300-7845.7400, which all parties are urged to consult. ORDER A contested case proceeding shall be held on the Company's proposed rate increase. The proceeding shall begin with a Prehearing Conference on Friday, December 18, 1992 at 9:30 a.m. This Order will be served on the Company, which shall mail copies of the Order to all municipalities and counties in 6 This complex filing by U S WEST Communications carries three docket numbers: P-421/EM-91-1002; P-421/EM-91-1000; P- 421/EM-91-328. The filing was made October 30, 1992. its service area and to such other persons as the Department of Public Service may request. Public hearings shall be held in this matter at locations within the service area of the Company. The Company shall give the following notices of the evidentiary and public hearings: b) Individual written notice to each customer, which may be in the form of a bill insert, and shall be served at least ten days before the first day of hearings. Written notice to the g6verning bodies of all municipalities and counties in the area affected and to all parties in the Company's last two rate cases. These notices shall be mailed at least ten days before the first day of hearings. c) Display advertisements in legal newspapers of affected counties and other newspapers of general circulation within the Company's service area. These advertisements shall appear at least ten days before the first day of hearings. They shall include the heading RATE INCREASE NOTICE, which heading shall appear in bold face type no smaller than 30 points. d) The above notices shall contain the information required in Minn. Rules, part 7830.3200, subp. 2. The Company shall submit proposed notices for Commission approval prior to publication or service. The Commission authorizes the Executive Secretary to enter Orders on behalf of the Commission varying' time requirements for the filing of pleadings and other documents and determining the conduct of this proceeding, according to the standards set forth in Minn. Rules, part 7830.4400. Any party adversely affected by such an Order may file a motion for reconsideration, vacation, or modification, no later than ten days from the date of its enury or one day before any filing deadline or occurrence of an act directed in such Order. Such motions will be heard by the Co~,-umission. 6. This Order shall become effective immediately. Richard R. '~faster ' Executive Se~etary (S E A L) 7 BEFORE THE MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS Suite 1700 100 Washington Square Minneapolis, Minnesota 55401-2138 FOR THE MINNESOTA PUBLIC UTILITIES CO!~ISSION 121 7th Place East Suite 350 St. Paul, Minnesota 55101-2145 In the Matter of the Application of Northern States Power Company for Authority to Increase Its Rates for Electric Service in the State of Minnesota MPUC Docket No. E-002/GR-92- 1185 OAH Docket No. ~OTICE OF APPEARANCE Name and Telephone Number of Administrative Law Judge: Richard C. Luis (612) 349-2542 TO THE ADMINISTRATIVE LAW JUDGE: You are advised that the party named below will appear at the above hearing. NAME OF PARTY: ADDRESS: TELEPHONE NUMBER: PARTY'S ATTORNEY OR OTHER REPRESENTATIVE: OFFICE ADDRESS: TELEPHONE NUMBER: SIGNATURE OF PARTY OR ATTORNEY: DATE: 8