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1993-08-10I ! CITY OF MOUND MISSION 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 - REGULAR MEETING 7:30 P.M., TUESDAY, AUGUST 10, 1993 CITY COUNCH. CHAMBERS 1. PLEDGE OF ALLEGIANCE. Se APPROVE THE MINUTES OF THE JULY 27, 1993 REGULAR MEETING ' PG. 2710-2716 APPROVAL OF FINAL DRAFT & SUMMARY OF PROPOSED RENTAL HOUSING ORDINANCE. (FINAL DRAFT ENCLOSED. MISCOMMUNICATION OCCURRED ON PREPARATION OF SUMMARY ORDINANCE. SUMMARY WILL BE DISTRIBUTED TUESDAY EVENING.) PG. 2717-2735 DISCUSSION: ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) - TEAL POINTE. (MATERIAL WILL BE HAND DELIVERED MONDAY, AUGUST 9TH.) PG. 2736-2737 DISCUSSION: PROPOSED NATURE CONSERVATION AREA (NCA'S) PLAN. PG. 2738-2753 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. SET PUBLIC HEARING TO CONSIDER PRELIMINARY AND FINAL PLAT REQUEST FOR "DAKOTARAIL 2ND ADDITION" BY DAKOTA RAIL, INC. INVOLVING LANDS SOUTH OF 2281 COMMERCE BLVD. (JOHN'S VARIETY & PETS) AND NORTH OF THE RAILROAD TRACKS. (SUGGESTED DATE: SEPTEMBER 14, 1993.) PAYMENT OF BILLS. ~NFORMATION/MISCELLANEOUS PG. 2754 PG. 2755-2769 ae Be Department Head Monthly Reports for July 1993. LMCD Representative,s Report for July 1993. PG. 2770-2797 PG. 2798-2799 2708 Ce Fe Ge He LMCD mailings. PG. 2800-2805 Next Meeting of the West Hennepin Human Services Planning Board is scheduled for Tuesday, September 7, 1993, at Eisenhower Community Center, 1001 Highway 7, Hopkins, in Room 328. For new Board Members, there will be a Board orientation on Tuesday, August 24, 1993, 7:00 P.M. at the West Hennepin Human Services Office, 4100 Vernon Ave. South, St. Louis Park. Councilmember Jensen is scheduled to attend the September 7 1993 Meeting. ' , PG. 2806-2811 REMINDER: Fall National League of Cities (NLC) is scheduled for December 2-5 in Orlando, Florida. Fran sent brochures and related information to you last week. She needs to know ASAP who plans to attend. Parks & Open Space Commission Minutes of July 8, 1993. PG. 2812-2820 Letter dated August 3, 1993, from Mayor Jerry Rockvam to Gene Strommen, LMCD re: contribution for fighting eurasion water milfoil. PG. 2821 REMINDER: Committee of the Whole Meeting, Tuesday, August 17, 1993, 7:30 P.M. 2709 [It · i, I i, I~ I I MOUND CITY COUNCIL JULY 27, 1993 MINUTES - MOUND CITY COUNCIL - JULY 27, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 27, 1993, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Liz Jensen, Phyllis Jessen and Ken Smith. Councilmember Andrea Ahrens was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, Finance Director Gino Businaro and the following interested citizens: Dan Hartman, Ernie Clark, Rosemary & Richard DeGuise, Del Pfeifer, Judy & Bob Hutchins, Ed Schmidt, Tabitha Schmidt, Dorothy & Bill Netka, Julie Lilledahl, Diane Maloney, Jim Bedell, Bob Steiner, Richard & Darlene Sollie, Lewis & Susan Anderson, Dick & Mary McCurdy, and Jody Johnson. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO The Mayor presented Ed Schmidt, 2128 Grandview Blvd. with $200 Westonka Dollars. 1.0 MINUTES MOTION made by Jessen, seconded by Jensen to approve the Minutes of the July 13, 1993, Regular Meeting, as submitted and the July 20, 1993, Committee of the Whole Meeting with the following correction: ,,They suggested charging at least $1.00 more per tire or $2.00 per tire.,, The vote was unanimously in favor. Motion carried. 1.1 BID AWARD: GENERAL OBLIGATION WATER & SEWER REVENUE BONDS - SERIES 1993B 1.2 BID AWARD: GENERAL OBLIGATION BUILDING REFUNDING BONDS - SERIES 1993C Finance Director, Gino Businaro, stated that the bid on the bonds were very favorable. Moodys and Standard & Poors rated them a strong A. Dan Hartman, Springsted, reviewed the winning bids from FBS Investment Services, Inc. The bids were as follows on the $1,350,000 General Obligation Water & Sewer Revenue Bonds, Series 1993B: MOUND CITY COUNCIL JULY 27, 1993 Net Interest True Interest Bidder Price Cost Rate FBS lnvesm~ent Service-,, Inc. $1,335,150.00 $651,883.75 5.0499% Cronin & Company, Inc. $1,332,585.00 $657,618.75 5.1034% Miller, Johnson & Kuehn, Inc. $1,331,100.00 $657,825.00 5.1055% Dain goswm~h Inc. Dougherty, Dawkins, Sum.4 & Bigeiow, Inc. $1,331,105.85 $658,109.15 5.1245% Dean W~t~r Reynolds, Inc. Painewebber, Inc. $1,331,235.00 $662,036.25 5.1388% Piper Jaffray, Inc. $1,333,800.00 $664,568.75 5.1519% Norwest Investment Services, Inc. $1,331,235.00 $665,167.50 5.1644% John G. IGnnard & Co., Inc. National City Bank $1,331,370.00 $668,985.00 5.1917% The bids were as follows on the $540,000 General Obligation Building Refunding Bonds, Series 1993C: Net Interest True Interest Bidder Price Cost Rate FBS Investment Services, Inc. Miller, Johnson & Kuehn, Inc. Park Investment Co~p. Cronln & Company, Inc. Dain Bosworth, Inc. Dougherty, Dawklna, Strand & Big¢low, Inc. $535,680.00 $150,260.00 4,4616 % $535,140.00 $151,120.00 4.4910% $535,140.00 $151,942.50 4.5209% $535,140.00 $153,378.75 4.5572% $535,140.00 $154,275.00 4.5825 % Smith moved and Jessen seconded the following resolution: RESOLUTION %93-97 RESOLUTION AWARDING THE SALE OF $1,350,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 1993B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION ~-ND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The vote was unanimously in favor. Motion carried. Smith moved and Jensen seconded the following resolution: RESOLUTION %93-98 RESOLUTION AWARDING THE SALE OF $540,000 GENERAL OBLIGATION BUILDING REFUNDING BONDS, SERIES 1993C; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION ANDDELIVERY; AND PROVIDING FOR THEIR PAYMENT The vote was unanimously in favor. Motion carried. 1.3 CASE NO. 93-023: APPROVAL OF FINAL PLAT FOR BALBOA ADDITION, DAKOTA RAIL, INC. NORTH OF EXISTING BALBOA BUILDING EAST OF FAIRVIEW LANE AND SOUTH OF LYNWOOD BLVD. PID %13-117-24 34 0068 & 0077 AND 13-117-24 43 0144 [I, I J, I I, I[ I I MOUND CITY COUNCIL JULY 27, 1993 The Building Official reviewed the proposed final plat resolution. The City Attorney recommended adding A.3. as follows: Park Dedication in the amount of $7,000 based on the appraised value of $70,000 by Hennepin County Assessor, Keith Rennerfeldt. The Council agreed. The City Attorney also stated that the additional Public Hearing on this matter scheduled for August 10, 1993, is not necessary. Jessen moved and Jensen seconded the following resolution: RESOLUTION #93-99 RESOLUTION TO APPROVE A FINAL PLAT FOR "BALBOA ADDITION" INVOLVING LANDS OWNED BY DAKOTA RAIL, INC. LOCATED NORTH OF THE BALBOA BUILDING AT 5300 SHORELINE DRIVE, P & Z CASE #93-023 The vote was unanimously in favor. Motion carried. 1.4 PROPOSED RENTAL HOUSING ORDINANCE The Building Official reviewed actions taken by the Planning Commission at their June 28, 1993, meeting. The Planning Commission did recommend approval of the ordinance as drafted May 18, 1993, and revised July 21, 1993. The following persons spoke against adoption of this ordinance: Jim Bedell, Del Pfeifer, and Dorothy Netka. Their reasons were: There are existing laws that cover all of the regulations in the proposed ordinance. 2. Licensing fees. The Council explained that licensing fees and licenses were dropped from the proposed ordinance a year ago. MOTION made by Smith, seconded by Jensen to direct staff to prepare the final draft and summary of the housing maintenance regulations for rental housing and bring it back to the August 10, 1993, Meeting. The vote was unanimously in favor. Motion carried. 1.5 CASE ~93-012: GARY & KATHLEEN SPAULDING, 5335 BAYWOOD SHORE2 DRIVEr LOT 4t BLOCK 5~ REPLAT OF HARRRISON SHORES~ PID ~13- 117-24 21 0069, VARIANCE FOR ADDITION MOUND CITY COUNCIL JULY 27, 1993 The Building Official explained the request. The Council discussed the 30 foot setback requirement when it is a corner lot. They asked that the Planning Commission look at this requirement. Councilmember Jensen stated she is not comfortable with #2 in the 5th Whereas of the proposed resolutions because it sets to Council up to have to grant other variances. The Council deleted this item. Smith moved and Jensen seconded the following resolution: RESOLUTION #93-100 RESOLUTION TO APPROVE A VARIANCE FOR 5335 BAYWOOD SHORES DRIVE, LOT 4, BLOCK 5, REPLAT OF HARRISON SHORES, PID #13-117-24 21 0069v P & Z CASE #93-012 The vote was unanimously in favor. Motion carried. 1.6 CASE ~93-016: RICHARD & DARLENE SOLLIE, 4936 GLEN ELYN ROAD, LOT 8, BLOCK 23, SHADYWOOD POINT, PID ~13-117-24 11 0083v VARIANCE FOR ADDITION The Building Official explained the request. Rosemary & Richard DeGuise, 4932 Glen Elyn Road were present and spoke about a drainage problem that they currently have from the Sollie property. The Building Official explained that their will be a final grading plan review by the City Engineer and himself before building permit issuance. The Council also discussed the hard cover on the property. They asked that F. be added to item #1 in the proposed resolution. This would read as follows: "F. The area under the existing deck shall remain permeable." The applicant stated that this was acceptable. The Building Official stated that since the applicant has revised the request there is no variance required for the east side of the structure. That will be deleted from the proposed resolution. Smith moved and Jessen seconded the following resolution: RESOLUTION %93-101 RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS SURFACE COVERAGE AND A SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF AN ADDITION AT 4936 GLEN ELYN ROAD, LOT 8, BLOCK 23, SHADYWOOD POINT, PID #13-117-24 11 0083, P & Z CASE #93-016 The vote was unanimously in favor. Motion carried. 1.7 CASE ~93-031: JOSEPH & KIMBERLY RASMUSSEN, 5725 SUNSET ROAD, PART OF LOT 68, MOUND ADDITION, PID ~14-117-24 41 0038, VARIANCE FOR GARAGE The Building Official explained the request. Commission recommended approval. The Planning 713 tn · I, · i, ti I I MOUND CITY COUNCIL JULY 27, 1993 Smith moved and Jessen seconded the following resolution: RESOLUTION %93-102 RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS LOT COVERAGE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 5725 SUNSET ROAD, PID %14-1-17-24 41 0038, P & Z CASE %93-031 The vote was unanimously in favor. Motion carried. 1.8 CASE ~93-032: ROBERT & JUDITH HUTCHINS, 3054 BRIGHTON COMMONS, N 1/2 OF LOT 22 AND 23, BLOCK 15, ARDEN, AND TRACT D, RLS 1149t PID ~24-117-24 43 0092t VARIANCE FOR ADDITION The Building Official explained the request. The Planning Commission recommended approval. The Building Official explained that the 3rd Whereas should read as follows: "WHEREAS, the existing dwelling is required to have 10 foot side yard setbacks and therefore recognition of a 4 foot variance to the north; and". The Hutchins agreed with the proposed resolution. Smith moved and Jensen seconded the following resolution: RESOLUTION %93-103 RESOLUTION TO APPROVE A VARIANCE TO IMPERVIOUS LOT COVER, AND TO RECOGNIZE NONCONFORMING SIDE YARD SETBACKS TO THE PRINCIPAL DWELLING AND A NONCONFORMING SHED TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 3054 BRIGHTON COMMONS~ LOT 23 AND THE NORTH 1/2 OF LOT 22, BLOCK 15, ARDEN, AND TRACT D, RLS 1149, PID %24-117-24 43 0092, P & Z CASE %93-032 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Hutchins commented that they have people trespassing on their property to get to the commons and stated they would be in favor of some type of marking to show people where the commons begins and ends. 1.9 PAYMENT OF BILLS MOTION made by Jansen, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $118,653.74, when funds are available. A roll call vote was unanimously in favor. Motion carried. MOUND CITY COUNCIL JULY 27, 1993 1.10 ADD-ON The Mayor explained that he, Councilmember Smith and the City Manager have met with the Mayor, one member of the City Council, and the Administrator in Minnetrista to discuss the possibility of a joint (Mound/Minnetrista) Public Works outdoor storage area being located to the rear of the existing City of Minnetrista City Hall and Public Works Building. There are a number of issues that need to be analyzed, i.e. site design, joint purchasing of materials, sharing of equipment, stormwater management, engineering, administrative and legal. The Mayor asked that the Council authorize the expenditures for engineering, legal and administrative costs associated with the feasibility study. Smith moved and Jensen seconded the following resolution: RESOLUTION #93-104 RESOLUTION DIRECTING THE CITY OF MOUND STAFF TO EXPLORE THE FEASIBILITY OF SHARING A PUBLIC WORKS OUTDOOR STORAGE AREA WITH THE CITY OF MINNETRISTA The vote was unanimously in favor. Motion carried. 1.11 ADD-ON The City Manager explained that the City of Spring Park has asked that the City of Mound adopt a resolution and send it to the LMCD regarding having an alternate representative when the regular board member is unable to attend. Smith moved and Jessen seconded the following resolution: RESOLUTION #93-105 RESOLUTION ALLOWING ALTERNATES VOTING POWER ON LMCD ISSUES The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS ae Financial Report for June 1993 as prepared by Gino Businaro, Finance Director. Be Invitation from LMCD to attend annual public officials lake tour & luncheon to be held Saturday, August 7, 1993, with boarding at Lafayette Club at 11:00 A.M. Please let Fran know by Friday, July 30, 1993, if you want to attend. C. LMCD mailings. De Letter dated July 17, 1993, from an owner of rental property in Lakewinds re: Proposed Rental Housing Ordinance. t · ~, i I, tt I ! MOUND CITY COUNCIL JULY 27, 1993 Ee Invitation from Commissioner Emily Ann Staples to attend a summer barbecue at her home. There are three dates available. Please let Fran know if you wish to attend and on what date. News Release from the Minnehaha Creek Watershed District re: lakeshore property as it relates to contractors repairing eroded beaches and banks due to the recordbreaking rainfall experienced this year. P G . 2688-2691 G. Planning Commission Minutes of July 12, 1993. EXECUTIVE SESSION The City Council went into Executive Session at 10:05 P.M. to discuss pending litigation with the House of Moy. The Council returned at 10:20 P.M. The City Attorney reviewed the Agreement that has been drafted to dismiss with prejudice, a lawsuit that was filed in Hennepin County District Court (House of Moy v. the City of Mound). MOTION made by Jensen, seconded by Jessen to authorizing the City Attorney to execute a Stipulation of Settlement and Dismissal based on the terms outlined in the Agreement as presented to the City Council. The vote was unanlmously in favor. Motion carried. MOTION made by Johnson, seconded by Jensen to adjourn at 10:25 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk ORDINANCE NO. AN ORDINANCE ADDING SECTION 319 TO THE CITY CODE RELATING TO HOUSING MAINTENANCE REGULATIONS FOR RENTAL HOUSING The City of Mound Does Ordain: Section 319 is hereby added to the City Code and shall read as follows: Section 319 - Housinq Maintenance Requlations for Rental Properties Section 319=00. Purpose. The purpose of this ordinance is to protect the public health, safety and the general welfare of the people of the City. These general objectives include, among others, the following: 8ubd. 1. To protect the character residential areas within the City. and stability of Subd. 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health. Subd. 3. To provide minimum standards for cooking, heating and sanitary equipment and for light and ventilation necessary to protect the health and safety or occupants or buildings. Sub4. 4. To prevent the overcrowding of dwellings. Sub4. 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight. Sub4. 6. To preserve the value of land and buildings throughout the City. With respect to disputes between tenants and landlord, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this ordinance it is not the intention of the City Council to interfere or permit interference with legal rights to personal property. Printed 7/30/93 1 ! · 1, i ~, I~ I I Proposed Rental Ordinance - Section 319 Section 319:05. ADDlicabilit¥. o.f Ordinance. This ordinance establishes minimum standards for maintaining rental dwelling units, accessory structures and related premises. This ordinance is intended to provide standards for rental housing and to provide standards to protect the character and stability of residential areas in the City. These regulations shall apply to rental housing as defined by this Code. Section 319:10. Definition______~s. The following definitions shall apply in the interpretation and enforcement of this ordinance. Subd. 1. Accessory Use or Structure,. A nonresidential use or structure subordinate to, and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 2. Approved. As to materials and types of construction, refers to approved by the Compliance Official as the result of investigation and tests conducted by him/her, or by reason of accepted principals or tests by recognized authorities, technical or scientific organizations. Subd. 3. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Subd. 4. Compliance Official. The City Manager and his/her designated agents authorized to administer and enforce this ordinance. Subd. 5. Dwelling. A building or one or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. Subd. 6. Dwelling, One-Family. A building designed exclusively for and occupied exclusively by one (1) family. Subd. 7. Dwelling, TWo-Family. A building designed exclusively for or occupied by no more than two (2) families living independently of each other. Subd. 8. Dwelling, Two-Family Twin Home. A building designed exclusively for or occupied exclusively by no more than two (2) families living independently of each other with each unit located on a separate, single parcel of record, with the party wall separating the units acting as a dividing lot line. Printed 7/30/93 Proposed Rental Ordinance - Section 319 8ubd. 9. Dwelling Unit. A single family dwelling or unit designed to accommodate one family. Subd. 10. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking and kitchen facilities. Subd. 11. Flush Water Closet. A toilet with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. Subd. 12. Garbage. As defined and regulated by Section 490 of the City Code. Subd. 13. Habitable Building. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Subd. 14. Habitable Space (Room). Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. Subd. 15. Heated Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, or such temperature required by government authority, measured at faucet outlet. Subd. 15. Kitchen. A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. Subd. 17. Maintenance. safe working condition constructed. Upkeep of property and equipment in a for which it was installed and/or Subd. 18. Multiple Family Dwellingg. A dwelling or portion thereof containing three or more dwelling units. A building designed exclusively for or occupied exclusively by three (3) or more families living independently of each other, but sharing hallways, main entrances and exits. Subd. 19. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 20. Operate. As used in this ordinance, the term "operate" means to charge a rental fee for the use of a unit in a rental dwelling. Printed 7/30/93 3 i I 1, ! I, I[] I I Proposed Rental Ordinance - Section 319 Subd. 21. Operator. The owner or the owner's agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. ZZ. Owner. Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. Subd. 23. Permissible Occupancy. The maximum number of persons permitted to reside in a dwelling unit or rooming unit. Subd. 24. Person. An association, corporation, organization of any kind. individual, firm, partnership, company or joint venture or Subd. 25. Plumbing. Ail of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. Subd. 26. Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied by any dwelling or non-dwelling structure, including such building or accessory structures. Subd. 27. Public Hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Subd. 28. Refuse. the City Code. As defined and regulated by Section 490 of Subd. 29. Rental Dwelling. As used in this ordinance the term "rental dwelling" shall mean any dwelling rented or leased to a person or persons other than the owner with one or more dwelling units. "Rental dwelling" does not include hotels, motels, hospitals and homes for aged. Printed 7/30/93 720 Proposed Rental Ordinance - Section 319 Subd. 30. Repair. The reconstruction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. Subd. 31. Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. Subd. 32. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 33. Rubbish. As defined and regulated in Section 490 of the City Code. Subd. 34. Safety. The condition of being unreasonably free from danger and hazards which may cause accidents or disease. Subd. 35. Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under- floor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story. Subd. 36. Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet below grade, as defined herein, at any point. Subd. 37. Substandard Dwelling. Any dwelling which does not conform to the minimum standards established by City ordinance. Subd. 38. Supplied. under the control dwelling. Paid for, furnished by, provided by or of the owner, operator, or agent of a Sub4. 39. Meaninq of Certain Words. Whenever the words "dwelling", "dwelling unit", "premises", or "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof". Printed 7/30/93 5 Proposed Rental Ordinance - Section 319 Section 319:15. Responsibilities of Owners and Occupant.. No owner or other person shall let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human occupancy and comply with all applicable legal requirements of the State of Minnesota and the City of Mound, and as set forth specifically in the following sections. Subd. 1. Maintenance of Shared or Public Areas. Every owner of a dwelling containing two or more dwelling units shall maintain or shall provide for maintenance of the units shared or public areas of the dwelling and premises thereof. Subd. 2. Maintenance of Occupied Area-. Every occupant of a dwelling, dwelling unit or rooming unit shall maintain that part of the dwelling, dwelling unit and premises thereof that he or she occupies and controls. Subd. 3. Storage and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all his or her rubbish and garbage and any other organic waste which might provide food for insects and/or rodents in a manner as prescribed by Section 490 of the City Code. Subd. 4. Responsibility for Storage and Disposal of Garbage and Rubbish. Every owner of a dwelling, two family, two family town homes or a multiple family dwelling shall supply facilities for the storage and/or disposal of rubbish and garbage. In the case of single or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by Section 490 of the City Code. Subd. 5. Responsibility for Storm and Screen Doors and Windows. The owner of a rental dwelling unit shall be responsible for providing, all screens and storm doors and storm windows whenever the same are required under the provisions or this ordinance. Subd. 6. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonably rodent-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, Printed 7/30/93 Proposed Rental Ordinance - Section 319 extermination thereof shall be the responsibility of the owner. Subd. 7. Rodent Harborage Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored materials shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. S. Rodent Harborage Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 9. Prevention of Food for Rodents. No owner or occupant of a dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Subd. 10. Maintenance of Plumbinq Fixtures and Facilitie.. The owner or occupant of a dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. Subd. 11. Minimum Heating Capability and Maintenance. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms and water closet compartments from September 15 to May 1. Subd. 12. Removal of Snow and Ice. The owner/occupant of any rental dwelling shall be responsible for the removal of snow and ice from parking lots and/or driveways, steps and walkways on the premises. Individual snowfalls of three inches or more or successive snowfalls accumulating to a depth of three inches shall be removed from walkways and steps within 48 hours after cessation of the snowfall. Printed 7/30/93 i ! 1, I I, I~ I I Proposed Rental Ordinance - Section 319 Subd. 13. Minimum Exterior Liqhtinq. The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining effective illumination in all exterior parking areas and walkways. Subd. 14. Maintenance of Driving and Parking Areas. The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining in good condition parking areas and driveways for tenants. Subd. 15. Owner/Occupant Responsibilities Define~. Every owner remains liable for violations of duties imposed upon them by this Code even though an obligation is also imposed on the occupants of their building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. Every owner, or their agent, in addition to being responsible for maintaining their building in a sound structural condition, shall be responsible for keeping that part of the building or premises which they occupy or control in a clean, sanitary and safe condition. Every occupant of a dwelling unit, in addition to being responsible for keeping the dwelling or dwelling unit or premises which they occupy and control, in a clean, sanitary and safe condition, shall dispose of all rubbish, garbage and other organic waste in a manner required bylaw. All occupants shall keep their premises in a safe and sanitary condition. Section 319:20. Minimum Standards for Basic Equipment and Facilities. No person shall rent or let to another for occupancy, any dwelling or dwelling unit for the purposes of living, sleeping, cooking and eating therein which does not comply with the following requirements: Subd. 1. Provide a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system per Section 600 and/or 300 or 305 of the City Code. Subd. 2. Provide cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Printed 7/30/93 8 Proposed Rental Ordinance - Section 319 Su~d. 3. Provide a stove for cooking food and refrigeration for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that such stove, refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator must be provided. Subd. 4. Every dwelling unit shall have at least four (4) square feet of floor area to ceiling closet space for personal effects of each permissible occupant. If it is lacking in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used to determine permissible occupancy. Subd. 5. Toilet Facilities. Within every dwelling unit there shall be a non-habitable room which is equipped with a flush water closet in compliance with Minnesota State Plumbing Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated property, and shall be connected to a sewer system in compliance with Section 300, 305, and 600 of the City Code. Subd. 6. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system. Subd. 7. Bathtub or Shower. Within every dwelling unit there shall be a non-habitable room which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to an approved sewer system. Printed 7/30/93 Il, i l, i I, I~ I I Proposed Rental Ordinance - Section 319 Section 319:25. General Requirements. No person shall let to another for occupancy any dwelling.or dwelling unit for the purpose of living therein which dOes not comply with the following requirements: Subd. 1. Foundations, Exterior Walls and Roofs. The foundation, exterior walls and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If approximately 10% or more of the total exterior surface is unpainted or lacks a protective coating or is determined by the Compliance Official to be deteriorated, the surface shall have a protective covering applied. If approximately 10% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Subd. 2. Windows, Doors and Screen~. Every window, exterior door and hatchway shall be substantially tight and shall be kept in repair. Every window other that a fixed window or storm window shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. Every window which can be opened shall be supplied with sixteen (16) mesh screens during the months of May through September to keep out insects. Subd. 3. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceilings shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. Printed 7/30/93 10 Proposed Rental Ordinance - Section 319 Subd. 4. Rodent Resistant. Buildings found to be rodent infested shall be made rodent resistant. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have a 1/2" diameter or larger opening shall be made rodent-resistant in an approved manner. Subd. S. Fence Maintenance. Ail fences shall consist of chain link, wood, masonry or other decay resistant material. Fences shall be maintained in good condition by the Owner. Materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Subd. 6. Accessory Structure Maintenance. A c c e s s o r y structures shall be structurally sound and be maintained in good repair· The exterior of such structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. If approximately 10% or more of the total exterior surface is unpainted or lacks a protective coating or is determined by the Compliance Official to be deteriorated, the surface shall have a protective covering applied. Subd. 7. Safe Buildinq Element~. ae Every foundation, floor, roof, exterior and interior wall, ceilings, and every appurtenance thereto of a rental dwellings shall be safe to use and capable of supporting loads that normal use may cause to be placed thereon. Every stairway, inside or outside, of a rental dwelling and every porch or balcony shall be kept in safe condition and sound repair. Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs which is more that two (2) risers high shall have handrails approximately thirty (30) to thirty-Eight (38) inches high, measured vertically from the nose of the stair tread to the top of the handrail. Ail unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or floor level, and roofs used for other than service of the building, shall be protected by a guard rail not less than forty-two (42) inches in height. Open guard rail and stair Printed 7/30/93 1! LB · I I Proposed Rental Ordinance - Section 319 railings shall have intermediate rails or an ornamental pattern such that a sphere six (6) inches in diameter,cannot pass through. Exceptions to guard rail requirements shall be accommodated as provided for in the Minnesota State Codes. Every handrail and balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of two hundred (200) pounds per square foot of horizontal projection. Every sleeping room below the fourth story shall have at least one (1) operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. Ail egress or rescue windows from sleeping rooms shall have a total glazed area of at least five (5) square feet. The smallest net clear opening for each such window shall be twenty (20) inches in width by twenty-four (24) inches in height. Where windows are provided as a means of escape or rescue, they shall have a finished sill height not more than forty-eight (48) inches above the floor. Any such window replaced or newly installed shall be done so in accordance with Section 300 of the Mound Ordinance Code and the Codes adopted by reference therein. Subd. 8. Facilities to Function. Ail equipment or utilities required under City ordinances and every chimney and flue shall function effectively in a safe working condition. Printed 7/30/93 12 Proposed Rental Ordinance - Section 319 Subd. 9. Grading and Drainage. Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. 8ubd. 10. Yard Cover. dwelling stands shall erosion. Every yard to a premise on which a be maintained to prevent dust and Subd. 11. Minimum Ceilinq Heiqht. In order to qualify as habitable rooms of rental dwellings and rental dwelling units, rooms shall have a clear ceiling height of not less than seven (7) feet, except that in attics or upper-stories used for sleeping, study or similar activities, the ceiling height shall be not less than seven (7) feet, over at least one half (1/2) of the floor area. In calculating the floor area of such rooms in attics or upper-stories, only those portions of the floor area of the room having a clear ceiling height of five (5) feet or more may be included. Subd. 12. Access Throuqh Sleepinq Rooms and Bathroom,. No rental dwelling unit shall have a room arrangement such that access to the unit itself or to a bathroom or water closet compartment intended for use by occupants of more than one dwelling unit can be gained only by going through another dwelling, nor shall the room arrangement be such that access to a sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement, or cellar or to the exterior of any dwelling unit. Section 3~9:30. Door and Window Locks. No owner, shall rent or let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: Subd. ~. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrances or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of the building entrance doors and with key cylinder devices on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. Printed 7/30/93 13 Proposed Rental Ordinance - Section 319 Subd. 2. Every door that provides ingress and egress for a dwelling unit within a multiple family building shall be equipped with an approved.lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. Subd. 3. Every window opening within eight (8) feet of finished yard grade shall be equipped with locking devices to secure the window in a closed position. Section 319:35. Minimum Standards for Liqht and Ventilation. No person shall let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: All habitable rooms within a dwelling unit shall be provided with natural lights by means of exterior glazed openings with an area not less than 8% of the floor area of such rooms with a minimum of eight (8) square feet. All habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with a area of not less than 1/25 (4%) of the floor area of such rooms with a minimum of four (4) square feet. Every bathroom and water closet compartment, and every laundry and utility room, shall contain at least 50% of the light and ventilation requirement for habitable rooms, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Compliance Official. Section 319:40. Electric Service, Outlets and Fixtures. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the City of Mound and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: Subd. 1. A dwelling containing one or two dwelling units shall have at least the equivalent of 60 ampere, three-wire electric service per dwelling unit. Subd. 2. Each dwelling unit shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. Subd. 3. Every habitable room shall have at least one floor or wall-type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets; provided, however, that Printed 7/30/93 14 730 Proposed Rental Ordinance - Section 319 one ceiling or wall-type light fixture may be supplied in lieu of one required electric outlet. Subd. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture and every bathroom, kitchen an laundry room shall contain at least one electric convenience outlet. Subd. $. Every public hall and stairway in every rental dwelling shall be adequately lighted by natural or electric light at all times, so as to provide effective illumination. Every public hall and stair in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time light. Subd. 6. A convenient switch or equivalent device for turning on a light in each dwelling shall be located near the point of entrance to such unit. Section 319:45. Minimum Thermal Standards. Subd. 1. No person shall let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not have heating facilities which are properly installed and maintained in safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above floor level and three feet from exterior walls at normal weather condition. Subd. 2. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Subd. 3. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. Subd. 4. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 319:50. Winterizing. Owners of residential rental properties built before 1976 that are occupied from November 1 through April 1 are required to comply with energy-efficiency standards in compliance with Minnesota State Statute 116, 216-C.27. Printed 7/30/93 15 II ~, I I, [ I I Proposed Rental Ordinance - Section 319 Section 319:55. Fire Protection. to the Building Code in effect at constructed. Shall be installed according the time the building was Bubd. 1. Number of Exits. Shall be installed according to the Building Code in effect at the time the building was constructed. Subd. 2. Stair Construction. Shall be constructed according to the code in effect at the time the building was constructed, all stairs shall be maintained in a safe condition. Handrails shall be installed on all stairs with four or more risers. Handrails shall be installed at a height of not more than 38" nor less than 30" from the nosing of the stair. Subd. 3. Smoke Detectors. Shall be installed according to the building code in effect when the building was constructed. Section 319:60. Maximum Density, Minimum Space, For Rental Units. No person shall permit or let to be occupied any rental dwelling for the purpose of living therein which does not comply with the following requirements: Subd. 1. Permissible Occupancy of Dwellinq Unit. The Maximum permissible occupancy of any rental dwelling unit shall be determined as follows: For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Subd. 2. One Family Per Dwellinq Unit. Not more than one family except for temporary guests, shall occupy a dwelling unit. Section 319:65. Enforcement and Inspection Authority. The City Manager and his/her designated agents shall be the Compliance Official who shall administer and enforce the provisions of this ordinance when reason exists to believe that a violation of this ordinance has been or is being committed. Inspections shall be conducted during reasonable hours and the Compliance Official shall present evidence of his/her official capacity to the owner or occupant in charge of a dwelling unit. Printed 7/30/93 16 Proposed Rental Ordinance - Section 319 Section 319:70. Inspection Access. The Compliance Official shall make a reasonable attempt to contact the Occupant and the Owner to arrange inspections. If any owner, occupant, or other person in charge of the dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his/her control, or any part thereof, with respect to which an inspection authorized by this ordinance is sought to be made, the Compliance Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. Section 319:75. Unfit for Human Habitation. Subd. 1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation, according to State Statutes 463.15 through 463.251. Section 319:80. Secure Unfit and Vacated Dwellings. The owner of any dwelling, dwelling unit, or rooming unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public. The materials used to secure the building shall be painted a color which is consistent with the exterior color of the structure and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this ordinance. Section 319:85. Hazardous Building Declaration. In the event that dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed or corrected pursuant to the provisions of Minnesota Statutes, Sections 463.15 to 463.261. Section 319:95. Right of Appeal. When it is alleged by any person to whom a Compliance Order is directed that such Compliance Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may appeal the Compliance Order to a Board of Appeals and Adjustments as Printed 7/30/93 17 · · 1, i I, t I I Proposed Rental Ordinance - Section 319 established by Section 350:510 of the City Code. The Planning Commission as an advisory body shall forward their recommendation to the City Council as the Board of Appeals and Adjustments in the manner set forth in Section 350:510. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as designated by the City Council in cash or cashier's check, and must be filed with the Compliance Official within five (5) business days after service of the Compliance Order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such a stay would cause imminent peril to life, health or property. Section 319:100. Board of Appeal's Decision. Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. The Planning Commission may recommend to the City Council as the Board of Appeals that the order be reversed, modified or affirmed in whole or in part. Section 319:105. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of the compliance order have been complied with, unless such owner shall furnish to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgement. Anyone securing an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of a Compliance Order shall be bound by same without further service of notice upon him/her and shall be liable to all penalties and procedures provided by this ordinance. Section 319:110. Penalties. Any person who fails to comply with a Compliance Order after a right of appeal has expired, and any person who fails to comply with a modified Compliance Order within the time set therein, upon conviction therefor, shall be guilty of a misdemeanor. Each day of such failure to comply shall constitute a separate punishable offense. Section 319:115. Execution of Compliance Orders by Public Authority. Upon failure to comply with a compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council after due notice to the owner may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Printed 7/30/93 18 Proposed Rental Ordinance - Section 319 Minnesota Statutes Chapter 429 and Section 370 of the City Code, for any of the reasons set forth in Minnesota Statutes Section 429.101, Subd. 1, and specifically for the removal or elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize all the provisions of Minnesota Statutes Section 429.101 and Section 370 of the City Code to promote the public's health, safety and general welfare. Section 319:120. Severabilit¥ Clause. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Printed 7/30/93 19 i I l, ! I, ~ I I SUMMARY ORDINANCE A SUMMARY OF AN ORDINANCE ADDING SECTION 319 TO THE CITY CODE RELATING TO HOUSING MAINTENANCE REGULATIONS FOR RENTAL HOUSING The City of Mound Does Ordain: On August 10, 1993, the Mound City Council adopted an ordinance adding Section 319 to the City Code relating to housing maintenance regulations for rental housing. Minnesota Statutes, Section 412.191, Subd. 4 authorizes the City Council in the case of lengthy ordinances to prepare and approve a summary ordinance for publication. The City Council hereby determines that the summary contained herein clearly informs the public of the intent and effect of the ordinance and hereby directs that only the title and this summary be published. The public is further notified that a copy of the complete ordinance is available for inspection by any person during regular office hours at the office of the City Clerk (8:00 a.m. to 4:30 p.m. Monday through Friday). A copy of the entire ordinance shall also be posted at the Mound branch of the Hennepin County Public Library at 2079 Commerce Boulevard. The summary shall be submitted for publication. SUMMARY Section 319:00 - Sets forth the purpose and objectives of the ordinance, to protect the public health, safety, and general welfare. The ordinance clearly states that the City does not intend to interfere in the legal rights of either the landlord or the tenant. Section 319:05 - Applicability of Ordinance - States the ordinance establishes minimum standards for rental housing. Section 319:10 - Definitions - Contains 39 subdivisions defining words and terms used in the ordinance. Section 319:15 - Responsibilities of Owners and Occupants - Contains 15 subdivisions which spell out responsibilities for maintenance of the property and relates to public health standards regarding rodents, plumbing and heating fixtures, and outside areas. Section 319:20 - Minimum Standards for Basic Equipment and Facilities - Prohibits renting properties that do not have basic equipment in the kitchen, toilet facilities, a lavatory sink, and a bathtub or shower, as set out in seven subdivisions. Section 319:25 - General Requirements - Twelve subdivisions spell out what is necessary in rental housing as it relates to foundations, walls, roofs, windows, doors, screens, floors, and ceilings, and the need to make the property rodent resistent. It also covers maintenance of fences and accessory structures and elements necessary to make the building safe. It requires that the facilities and equipment function and describes grading and drainage standards and yard cover. It also sets minimum ceiling heights and sets standards for access through sleeping rooms and bathrooms. Section 319:30 - Requires door and window locks and sets standards. Section 319:35 - Sets minimum standards for light and ventilation. Section 319:40 - Contains six subdivisions which set standards for electric service, outlets, and fixtures. Section 319:45 - Contains four subdivisions setting minimum thermal standards. Section 319:50 - Sets energy standards for winter occupancy. Section 319:55 - Sets minimum standards for fire protection. Section 319:60 - Sets minimum standards for space and limits the maximum density for rental units. Sections 319:65, 319:70, 319:75, 319:80, 319:85, 319:95, 319:100, 319:110, and 319:115 - Relate to enforcement and inspection authority and establish prohibitions for use of buildings unfit for human habitation. Establish standards as to securing unfit and vacated buildings. Establish a right of appeal and explains the process. Establish that violations are a misdemeanor and requires compliance with orders issued by public authorities. Section 319:105 - Places restrictions on the transfer of ownership of rental properties which are under a Compliance Order. Requires that purchasers be furnished with copies of the Compliance Order. Section 319:120 - Establishes a severability clause. This Summary is approved by a 4/5ths majority of the Mound City Council this day of August, 1993. The City Clerk is directed to publish this Summary and to file a copy of the entire Ordinance with the Hennepin County Library at 2079 Commerce Boulevard in Mound, Minnesota. Attest: Mayor City Clerk Approved by City Council Published in Official Newspaper tn · 1, I I, t]J I I Hoisington Koegler Group Inc. DH PLANNING REPORT 9 FROM: Bruce Chamberlain, City Planning Consultant DATE: August 9, 1993 SUBJECT: Teal Pointe EAW Review 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) BACKGROUND: Teal Pointe is a proposed 9 lot residential development located east of the existing termini of Windsor Road and Drummond Road. The applicant proposes unique housing styles and yard characteristics in an attempt to minimize environmental impacts due to development. The applicant has gained Preliminary Plat approval with conditions from the City of Mound and Stormwater Management Plan approval with conditions from the Minnehaha Creek Watershed District. Due to the sensitive nature of the site (steep slopes, adjacency to a wetland and existing mature vegetation) the City of Mound, acting as the Responsible Governmental Unit, has required an Environmental Assessment Worksheet (EAW) to be completed for the Teal Pointe project. The EAW is defined by state statute to be a "brief document which is designed to set out the basic facts necessary to determine whether an EIS is required for a proposed action." An EIS is a much more detailed and exacting document which allows review of highly environmentally sensitive projects. The EAW was completed with citizen input and approved for distribution by the Mound City Council on June 28, 1993. Official comments regarding the EAW were invited between July 4 and August 4, 1993 through distribution of the EAW to appropriate agencies and advertisement in the legal section of the official City newspaper and the Environmental Quality Board's "Monitor". ACTION REQUIRED: It is the Mound City Council's responsibility (acting as the RGU) to review all official comments received in regard to the Teal Pointe EAW and take one of the following actions. Dand Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 ' Minneapolis, Minnesota 55439 ' (612) 835-9960 ' Fax: (612) 835-3160 Teal Pointe EAW Planning Report August 9, 1993 page 2 A. Require the completion of an Environmental Impact Statement (ELS). Require conditions and/or modifications to the proposed project based on comments to the EAW. If this action is taken it is recommended that the Council direct staff to investigate areas of concern raised at the August 10 meeting and present project modifications at the August 24 meeting. C. Allow the project to continue as proposed by the applicant. The rules as outlined in the "EAW Guidelines", MN Environmental Quality Board, June, 1990 state that the City of Mound must take action within 5 working days of the close of the comment period and distribute notice of the decision within 21 calendar days of comment period closing. The Mound City Council will be in compliance by taking action at the August 10, 1993 City Council meeting. COMMENTS: Official comments were received from the Metropolitan Council, MN Pollution Control Agency, Department of Natural Resources, Mr. Thomas E. Casey and Mr. John C. Edewaard. The issues raised by these parties and staff clarification and comments are discussed below. Concerns are identified by EAW question numbers. Q. 6 Mr. Casey asks that the EAW describe the species and estimate the approximate number of trees on the site that will be cut and left standing. The EAW describes the types of trees on the site as "upland hardwood varieties" which includes trees such as Basswood, Elm, Oak, Maple, Etc. Estimating the number of trees on the site and the number of trees to be removed through construction is not asked in the EAW guidelines and therefore, has not been completed. Mr. Casey questions the City of Mound's ability to enforce tree preservation and he recommends drafting a conservation easement for the property which would specifically detail and require enforcement of appropriate management techniques. As part of this development, the property will, through conditional use permit, become a Planned Development Area (PDA) which requires a developer to put in place homeowner's covenants defining appropriate management techniques such as building style, landscaping, construction techniques, etc. The City of Mound has approval authority over the covenants prior to the final plat being approved. A self-governing homeowners association could be put in place to enforce the guidelines in the covenant. I ! l, ! I, t I . Teal Pointe EAW Planning Report August 9, 1993 page 3 Mr. Casey also questions the statement that construction will be done with smaller than normal machinery and that trees and brush will be protected to the extent possible. Lots 1-3 are the most sensitive areas and the area where smaller machinery will be of greatest importance. The homes on these lots will not have basements and will be built on pilings which eliminates the need for heavy excavation equipment in areas other than driveways. Also, the homeowners covenants will discuss identification and subsequent protection of vegetation as homes are built during construction. Mr. Casey also pointed out that the timing and duration of construction was omitted from the EAW. Street construction would last approximately 60 days and would likely begin in the fall of 1993 (if it can be completed before snowfall) or the spring of 1994. Construction timing of the homes will be dependent on sales of the individual lots but the homes will likely take somewhat longer to construct than more typical homes due to their unique nature and custom design (approximately 6-9 months). Q. 9 Mr. Edewaard expresses concern about debris and junk currently on the property. Development of the site will result in the removal of the debris. Q. 10 Mr. Casey questions the cover type calculations. These calculations were provided by the developer and verified by City staff. They are reasonable estimates of what would occur if the development proceeds. Mr. Casey states that through his investigation, the total area of the site is incorrectly stated in the EAW by 8,800 square feet. A certified boundary survey which is intensely accurate has been conducted for the developer by Coffin & Gronberg, Inc., Land Surveyors. The methods of calculation used by representatives of Mr. Casey do not approach this level of accuracy. Q. 11 Mr. Casey believes the EAW to be inadequate in regard to determining the natural resources on the site and in identifying rare or endangered plant and animal species. Mr. Casey presents testimony from a resident of the property from 1960 to 1980 who remembers seeing 3 plants and animals (Ginseng, American Bittern and Snapping Turtle) Teal Pointe EAW Planning Report August 9, 1993 page 4 which are on the DNR "special concern" list. Also, these species are commonly found in the "Big Woods" ecosystem which is a highly endangered ecosystem. The DNR is the overseeing agency in the state of Minnesota in regard to protection of natural resources including plants, animals and their native ecosystems. The DNR official position is that even though Teal Point contains species of plants and animals found in the Big Woods community, it is much too small of an area to constitute a viable, sustainable ecosystem. The relatively undisturbed portion of the site is approximately 1 acre in size and the DNR does not identify Big Woods ecosystems as worthy of efforts to preserve if under I 0 acres. Also, the DNR identifies "special concern" species as those species which are perceived to be decreasing in number. They are not classified as endangered species or protected by law. An on-site ecological survey is not warranted for this property due to its size and level of human disturbance. Mr. Casey and Mr. Edewaard also raise concern over the ability of the City of Mound to enforce protection of ecologically sensitive natural resources such as bluff areas and the wetland. The City of Mound will own the wetland adjacent to the property and have authority over ;s use. The steep slope areas will be protected through measures in the homeowner covenants and later alterations to the property will be regulated through the Shoreland Management Ordinance. Q. 12 The Metropolitan Council, Mr. Casey and Mr. Edewaard disagree with an assertion made in question 12 of the EAW stating that the adjacent wetland will remain undisturbed by development. Question 12 specifically asks for physical and hydrologic alterations to a wetland. Although the proposed development will inevitably have subtle impacts on the adjacent wetland, the Teal Pointe project would not alter the specific qualities asked for in this question such as filling, dredging, water level fluctuations and runoff discharge rates. Slight increases in runoff discharge rates in one area of a site does not constitute a hydrologic alteration as defined in the EAW Guidelines. · , · ~, I Il, I,Id I ! Teal Pointe EAW Planning Report August 9, 1993 page 5 Q. 14 & 16 The Metropolitan Council raises serious concern over soil suitability for development on the Teal Pointe Site. Closely associated with the soil issue are the steep slopes on lots 1-3. All of the comment submittals raise this issue as a concern. The Hennepin County Soil Survey states that the soils on the site in areas with greater than 12% slopes "have severe limitations for residential development because of the high cost of installing utilities and grading streets and building sites. Where slopes are more than 18%, these soils are better suited to uses that enhance the natural beauty of the area than to most other uses." Other limitations of the soils on the site are mainly in regard to septic systems which are not part of the Teal Pointe Development. The steep slopes on the site have been and continue to be a significant and legitimate concern about the project. When the Teal Pointe Development was first submitted to the City of Mound in November of 1992, the current Shoreland Management Ordinance (which would have prohibited construction on lots 1-3 because of steep slopes) was being contemplated but was not in effect. At that time, due to the conditional use permit required to make the site a Planned Development Area, the City Council was faced with the question of whether to apply the future ordinance. For various reasons the new Shoreland Management Ordinance was not applied but the City of Mound still has the ability to apply any or all portions of the new Shoreland Management Ordinance as a result of the review of EAW comments. Q. 15 Mr. Casey and Mr. Edewaard express concern about degradation to the wetland due to docks along the shoreline. The wetland which abuts the property is connected by channel to Lake Minnetonka when the water level is high. In dry years the channel is not deep enough to accommodate boats and some years the channel is above the water level. The 1/2 section aerial photo available at Mound City Hall which shows the site was taken in 1989. 1989 was a dry year and the photo shows no channel connection and no docks in the wetland. The issue of docks has been a concern throughout the approval process of the Teal Pointe project. The developer has indicated that docks are not part of this project. The City of Mound reserves the right to prohibit future dock facilities from this development during final plat approval. Q. 17 The DNR and Mr. Casey express concern about negative effects of runoff both during and after construction on the steep slope areas. The Minnehaha Creek Watershed District is the overseeing agency for grading and drainage permits in the area containing Teal Pointe. They have approved the project with conditions Teal Pointe EAW Planning Report August 9, 1993 page 6 based on drawings and specifications submitted to them by the developer. Their approval includes measures to control erosion during and after construction. Also, as learned through the EAW process, a stormwater permit from the MPCA may be required for the project. The City of Mound reserves the right to apply the MPCA Best Management Practices regulating erosion control both during and after construction. Q. 18 Mr. Casey expresses concern about nutrient and pesticide runoff into the wetland from the proposed development and states that a nutrient budget analysis should be completed for the project. The proposed development will generate nutrients and pesticides which can mn off if improperly applied. Runoff from existing Windsor Road which includes a number of yards, currently drains through an eroded channel directly into the wetland. Due to the detention basin which is part of the proposed development, Windsor Road runoff will be mechanically treated before entering the wetland and quality will be improved from the existing condition. Pesticide and nutrient runoff from the proposed development should be less than a normal residential setting due to a vegetative buffer and unique yard styles proposed by the developer. The City of Mound reserves the right to require that these elements be included and described in the homeowner covenants. City Staff has had conversations with the Environmental Quality Board regarding the necessity of a nutrient budget analysis. It is there opinion that the numbers derived from the Teal Pointe project, due to its small size and efforts of mitigation, would not even register on a nutrient budget. Therefore, a nutrient budget is not considered necessary. Mr. Casey and Mr. Edewaard express confusion about amounts of runoff from the developed site. Question 18 in the EAW clearly describes runoff characteristics of the site both before and after development. Overall runoff from the site would decrease as a result of development and the Minnehaha Creek Watershed District has reviewed the runoff data in its entirety during approval of the project. Q. 21 Mr. Edewaard is concerned about underground storage tanks in the proposed development. There are no storage tanks of any kind proposed for this development. ! · 1, i J, I,IJ I I Teal Pointe EAW Planning Report August 9, 1993 page 7 Q. 26 Mr. Casey questions the integrity and findings of the archeological consultants who reviewed the site and believes another archaeological survey should be conducted. Mr. Casey sites affidavits, letters and findings of a second archeological consultant to back up his concerns. In a letter dated February 5, 1993 from Dennis Gimmestad, acting State Archeologist to the Teal Pointe Development Co. Mr. Gimmestad writes that "There are no recorded burial areas or archeological sites within the proposed development area." but goes on to say that "the proposed development area has high potential to contain archeological habitation sites." Because of this letter along with requests from residents, the City of Mound required that the developer conduct a professional archeological survey of the site. The survey was completed by an independent consultant using the guidelines set forth by the State of Minnesota and submitted to the State Archeologist for review. Comments are contained in a letter dated June 5, 1993. In this letter the State Archeologist writes that "Based on the results of this survey, we feel that the probability of any unreported properties being located in the area of potential effect is low." The letter goes on to say "Please note that a separate consultation with the Indian Affairs Council is necessary." It is the feeling of City Staff that a second survey is not needed. The Indian Affairs Council will review the findings of the initial study and if they have concerns, other actions can be taken such as requiring an archeologist to be on site during clearing of the site, etc. Also, the archeological consultant enter the property. Therefore the initial archeologist and referenced hired by Mr. Casey was not allowed by the developer to comments focussed on criticism of methods used by the historical documentation which describes archeological habitation sites in the area. Also, through discussions with the State Archeology Office, the finding of arrowheads and other Native American artifacts is not enough evidence to indicate a significant archeological site. Q. 27 Mr. Casey expresses concern about adverse visual impacts such as flood lights, street lights and removal of vegetation as a result of the project. EAW guidelines ask for non-routine visual impacts as a result of the project. No non- routine visual impacts are anticipated. Furthermore, the project will retain most of the vegetation around the shoreline area. Q. 28 Mr. Casey states that development on this site is in conflict with the Mound Comprehensive Plan. Teal Pointe EAW Planning Report August 9, 1993 page 8 Teal Pointe is identified by the Mound Comprehensive Plan as residential. The site is not specifically identified as a future acquisition site for recreational activities. Q. 30 Mr. Casey expresses concern that the developer will be allowed to dredge the wetland in the future. The wetland will be dedicated to the City of Mound if this project proceeds. Therefore, the developer would have no authority to dredge or alter the wetland in any way. The Conclusions of each submitting party are as follows. Metropolitan Council: · Lots 1-3 should be considered unbuildable. · The proposed detention basin should be designed according to NURP standards. · MPCA Best Management Practices should be followed. · The Metropolitan Council will take no formal action in regard to the Teal Pointe EAW. Minnesota DNR: · Lots 1-3 are unsuited to construction · Impact to existing vegetation should be kept to a minimum. · MPCA Best Management Practices should be followed during and after construction. · All runoff leaving the site should be treated with retention ponds. Minnesota PCA: · Significant environmental effects are not likely to occur as a result of the project. · An Environmental Impact Statement (EIS) is not warranted. Mr. Thomas Casey: · A conservation easement should be applied to the property. · A professional on-site ecological survey should be conducted. · An additional archeologicai survey should be conducted. · Lots 1-3 should be declared unbuildable. · A decision regarding the EAW should be postponed until additional information can be obtained. Mr. John Edewaard: · The EAW should be reassessed for accuracy and inconsistencies. ! ! 1, LEGAL NOTICE ': --' MOUNo. MINNESOTA The C,ty of Mound ~s requesting comments regarding an Enwronmental Assessment Worksheet (EAW) compded for Teal Po,nte Residential Development. Teal Pointe ~s a p¢oposed 9 lot residential development located east of the ex~stin9 termini of Drummom:l Road and Windsor Road in Mound. The 5.7 acre site ~s on a peninsula surrounded on the east by wetland. The peninsula is significanl~y lower than adjacent residential areas and contains scattered mature trees, prinopally around the perimeter. The owner proposed several development techniques to minimize environmental ~mpacts. To obtain a copy of the EAW, send a written request to ~e C~ty of Mound, 5341 Maywood Road, Mound. MN 55364. Written comments addressing the EAW will be accepted by Ihe City o]' Mound ~rough July 28. 1993. Comments wdf be used to assess the need for an Environmental Impact Statement (ELS} and to assess the need for project modifications. Francene C. Clan~, CIviC City CAerk (Published in The Laker June 21. 1993) i I, I~ I I Affidavit of Publication State ot Minnesota, County of Hennepin. Bill Holm. being duly sworn' on oath. says thai he is an authorized agent and employee ol the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has lull knowledge ol the lacls whicl~ are stated below: ~A.) The newspaper has complied with all the requirements constiluting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. II:,'ll: , _ - which is attache~J was cut lrom the columns ol said newspaper, and was printed and published once each week for / , successive weeks: It was first published Monday, the ,2/,, day ol ~"//i{,~'/ 19~'?-:~ , and was therealter printed and published every Monday, to and including Monday, the day ol 19. ; ~.~Jthorized Agent Subscribed and sworn to me on Ihis I (1) Lo~A~;~IF~ FA~p~d by ~r~al ~ers lor ~mp~able sp~e: $10.76 per i~ (2) M~mum rate Nlowed by law lot ~ve ~,er: $10.76. (3) Rate amu~ ~9ed !~ a~ve ma~er: $5.98 per Ea~ a~nN sumessive week: $4.12. C~RECTED LEGAl. NOTICE CITY OF MOUNO MOUND, MINNESOTA The City of Mound ia requesting comments regarding an Environmental As~esement Wo~sbeet (EAW) compiled fo~ Teal Pointe RasidenliaJ Development. Teal Pointe ia a proposed 9 lot residential development located east of the existing la'mini Of Dmmmo~l Road and W'~lsor Road in Mound. The 5.7 acm ~le is o~ ii peninsula surrounded o~ the east by wetland. The penin~la is signir~:~lntly Iow~ than adjacent residential area~ and contains scattered The owner proposed several development techniques to minimize environmental To obtain a copy of the EAW, send a writt~'l request to ~ C~ty of Mound, 5341 Maywood Road, Mound, MN 55364. Written commente addressing ~e EAW will be accepted by b~e City otr Mound ~mugh Aug. 4, 1903. Commem~ will be used to assess · e need for In Environmental Impact Statement lEIS) and Io assess the need f~ ixo~ect mod~f~abo~a. FrarK:=e~e C. Clark, CMC City Oed~ (Published ~ The Lak~' Au~. 2, t 993) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly swom on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.) The printed ~/~'/~"~'~,' [J~J'/;. I~£1,/ ...... L ,1/ W/, which is attac~ed was cut from the columns of said newspaper, and was printed and published once each week for ~. successive weeks: It was first published Monday, the d~/'~ dayof ~'//~/ 197.~ , and was thereafter print~! and published every Monday, to and including Monday, the day of , 19 ; lc,-' Authorized Agenl Subscribed and sworn to me on this By: ..... [~,.ej~ NOTARY PUBliC - ~NNESOT ~ ~*~ HENNEPIN ~UN~ (1) Lowest classifi~ r~a ~ ~m~ use~ for ~able sp~e: $10.76 per (2) M~tmum rate ~ow~ by law tot ~ve ma~e: 110,76, (3) Rate amual~ ~g~ t~ a~ve ma~er: ~.98 ~r Ea~ a~ su~essive week: ~.12, il ~, i I, i[] I I MINUTES - COMMITTEE OF THE WHOLE - JULY 20, 1993 The meeting was called to order at 7:30 PM. Members present: Mayor Johnson, Councilmembers Jensen, Jessen, Smith. Absent and excused: Ahrens. Also present: Mark Koegler, City Planner and Ed Shukle, City Manager. Mark Koegler, City Planner, entertained questions on the final draft of the Nature Conservation Area (NCA) study that was done by him in cooperation with the Parks and Open Space Commission. Some minor changes were suggested and the City Council consensus was to bring the final draft for discussion and approval to the August 10, 1993 regular meeting. It was also noted that the Parks and Open Space Commission should be invited to attend that meeting and make any comments with regard to the draft prior to adoption. CITY OF MOUND ~][~ Nature Conservation Areas Plan July, 1993 Hoisington Koegler Group Inc. tn · il I Il ~ I I City of Mound Nature Conservation Areas Plan CONTENTS Introduction 1 Definition 2 Site Inventory 2 NCA Designation Parameters 4 NCA Uses 6 Costs 7 Administration 10 Action Plan 10 INTRODUCTION In 1991, the City of Mound updated its Comprehensive Plan. According to the Land Use section of the plan, only 9% of Mound's land is presently vacant. The community is rapidly approaching full development. Significant areas of Mound were originally seasonal cabins located on small lots. Over time, these seasonal structures have been rebuilt and converted into year-round residences. This conversion process has resulted in relatively dense concentrations of single-family housing. Such a development pattern places an emphasis on the need for open space to provide a balance to residential, commercial and industrial land uses. In reaction to information contained in the Land Use section of the plan, one of the recommendations found in the Recreation section of the plan stated that Mound should expand its existing ownership of nature areas and open space. The plan went on to identify tax forfeited land as one possible source of nature and open space areas. Frequently, land becomes tax forfeit because it is unbuildable due to topography, soil conditions or the presence of wetland areas. These development constraints are desirable qualities for open space and nature areas. Some tax forfeit properties are buildable lots. Buildable tax forfeit properties may be just as important to preserve as non-buildable properties. Upon completion of the Comprehensive Plan update, the Mound Park and Open Space Commission compiled a detailed listing of sites that have the potential to be added as open space and nature areas. Since 1991, these sites have generally been known as Nature Conservation Areas (NCA). The purpose of this plan is to provide an analysis of the process of determining which properties in the community should be designated as Nature Conservation Areas. This plan does not undertake a parcel by parcel analysis of all candidate sites. That review is b~ing completed by the Park and Open Space Commission at this time and will need to continue to be done in the future as additional sites are identified. The designation of parcels as Nature Conservation Areas ultimately needs to be made by the Mound City Council upon receipt of recommendations from the Mound Park and Open Space Commission. This plan addresses the following general issues: · What is a nature conservation area? · What sites should be considered for designation as nature conservation areas? · How should nature conservation areas be used? · How will such areas be administered and maintained? · What are the costs of establishing such a program? Mound NCA Plan Draft 3 - .July 22, 1993 DEFINITION What is a Nature Conservation Area? Nature Conservation Areas have been defined by the Mound Park and Open Space Commission as, "City owned and/or controlled lands which are, or could be, essentially natural and would conserve flora and fauna. Such areas are to be established in recognition of the benefits of preserving natural open space for present and furore generations." SITE INVENTORY What sites should be considered for designation as Nature Conservation Areas? In answering this question, the Mound Park and Open Space Commission has taken a comprehensive look at all publicly owned land. Exhibit 1 identifies 255 parcels which were identified in a survey completed in March of 1992 as potential nature conservation area sites. These sites are categorized as follows: Wetlands - Property either owned by the City of Mound or property conveyed to the City by the State of Minnesota (tax forfeited land). This category contains 67 parcels. Park/Conservation - City owned land currently used as park and open space areas. This category contains 64 parcels. Public Buildings - Existing public buildings such as city hall, public works, pump houses, fire department, etc. City Controlled Lands - Land used for utility purposes, drainage, streets, the cemetery or land that has been otherwise classified as unbuildable. This category combined with public buildings contains 94 parcels. Tax Forfeit Property for Sale to Adjoining Property Owners Only - Property that has been released to Hennepin County and is currently for sale to adjoining properly owners only. This category contains 25 parcels. Tax Forfeit Property Released for Public Auction - Property that has been released to Hennepin County and is currently available for purchase through public auction. This category contains 5 parcels. Of the 255 parcels categorized in items 1 - 6 above, 225 parcels are under the direct control of the City of Mound. The remaining 30 parcels which were tax forfeited property have undergone prior review by the City. The result of the reviews that were conducted was a determination that these parcels were of more value to adjoining property owners or other Mound NCA Plan Draft 3 - July 22, 1993 2 KEY: F'-TI Wetland- Either City Owned or Conveyed to the City by The Slate (Tax Forleited Land) ~ Park/Conservation. City Owned 'k Public Buildings (City)- (Wells, Fire Dept., Cily Hall, Public Works, Etc.) I~ Under City Control - Used For Utility, Drainage, Street, Cemetary, or is Unbuildable · Tax Forfeit Property For Sale To Adjoining Property Owners Only ~ Tax Forfeit Property Released For Public Auction N CITY OF OUN MINNESOTA D Exhibit I PRELIMINARY NATURE CONSERVATION AREAS L A K .E M I N N E / ./ Mound NCA Plan Draft 3 - July 22, 1993 I I l, I I, I~ i individuals than they were to the City. Consequently, they were released to Hennepin County for sale to private parties. If it is later determined that some of these parcels are appropriate as Nature Conservation Areas, they can be reclaimed from the County providing they have not yet been sold to private parties. Exhibit 1 does not include all property held by the City of Mound. Commons property and various street rights-of-way are not included on the map since they do not have property identification numbers. In general, these areas include the following: · · · · · · · Devon Commons Brighton Commons Wiota Commons Waurika Commons Wawonassa Commons Waterside Commons Unimproved rights-of-way (fire lanes) that provide access to Dutch Lake, Lake Langdon or Lake Minnetonka Unimproved rights-of-way with widths 15 feet or greater providing access to Lake Minnetonka In order to assess the features and quality of each of the potential Nature Conservation Area sites, the Mound Park and Open Space Commission developed a uniform survey. The survey (Appendix A) contained 8 questions, all of which were structured to define the site's land use and natural habitat characteristics. The survey forms, combined with photographs of many of the areas constitutes a comprehensive inventory of each of the candidate sites. NCA DESIGNATION PARAMETERS The key to addressing the identification of sites eligible for designation as Nature Conservation Areas is establishing a set of uniform parameters that can be applied to all candidate sites. Prior to discussing specific parameters, it is appropriate to further investigate the definition and purpose of Nature Conservation Areas. In accordance with the definition compiled by the Mound Park and Open Space Commission, NCA's are sites that either are or could become 'natural'. The emphasis of the definition is nature which implies an area with few, if any man made intrusions. Therefore, active parks within the City of Mound should not be considered as Nature Conservation Areas since their purpose is distinctly different from the passively oriented natural areas. This does not imply, however, that passive, natural areas that are part of larger active parks cannot receive NCA status. Publicly owned wetlands are, however, consistent with the definition and purpose of Nature Conservation Areas since they represent the preservation of a natural resource rather than an active use by people. Mound NCA Plan Draft 3 - July 22, 1993 4 Assuming the premise that Nature Conservation Areas are passive spaces that emphasize nature, the following are offered as parameters to be used in assessing candidate sites and assigning NCA designations. Type of Use - Nature Conservation Areas should not have existing active uses nor should such uses be planned for NCA sites. Active uses are generally defined as facilities that accommodate individual or group athletic endeavors or provide physical exercise or structured play opportunities. Site Size - The size of a Nature Conservation Area should not be limited by some arbitrary minimum or maximum standard. It is possible to have natural areas that contribute to the well being of the community that are of various sizes. Realistically, however, the area and dimensions of potential NCA sites needs to be considered. For example, a narrow strip of land that is five or ten feet wide may provide natural habitat, however, the total contribution of open space that it makes is so small that its designation as an NCA seems questionable. Amount of Existing Open Space in the Vicinity - The review of any potential NCA site should consider the amount of existing open space in the immediate vicinity. If a potential NCA site is in an area that has significant publicly owned natural areas and unless the vegetation and features of the candidate site are truly unique, the site may be more appropriate for private ownership. In such cases, the City may consider retaining a conservation easement to protect the land. Site Characteristics - Sites containing unique flora, fauna or other natural characteristics are eligible for NCA designation. Sites that have the potential to be readily reclaimed by natural vegetation are also worthy of consideration. Historic and Archaeological Characteristics - Sites containing historic and archaeological resources are also eligible for NCA consideration. Indian mounds, fossil relics and other features could be preserved by the NCA designation. An on-site survey may be necessary to best identify these characteristics. Noxious Weeds - Vacant lots typically become the home of noxious weeds and other plant materials that present an unsightly appearance. The designation of an NCA should not occur simply to manage or remove an existing weed problem. Sites should meet the other parameters identified herein rather than base the decision on the need to control unwanted vegetation. Illegal Dumping - Unfortunately, vacant lots also become the home of unwanted household items. Although illegal, the dumping of such materials occurs occasionally throughout the City of Mound. NCA status should not be used solely as a tool to help prevent illegal dumping from occurring. However, it is also acknowledged that illegal dumping could be mitigated by NCA designation. Mound NCA Plan Draft 3 - July 22, 1993 Il ~, ! I, tt I I Use of Adjoining Properties - Parameters I - 8 focus on how the NCA will impact the surrounding area. Itis, also necessary to consider the reverse of this situation. Parcels that border on existing land uses that negatively impact the use of a site as a natural area should not receive NCA status. An example may be a small tract of land immediately adjacent to a county road which is so impacted by noise, emissions and salt spray in the winter months that its function as a natural area is significantly impaired. Such parcels may be more appropriately owned and used by private parties to provide additional buffering from the source of the negative impacts. Zoning Status of Adjacent Properties - Mound's historic development pattern has resulted in properties which do not comply with current zoning standards. These parcels are classified as nonconforming lots due to various factors but frequently due to lot size. If a parcel eligible for NCA status lies adjacent to a lot that is nonconforming due to lot area, sale of the parcel to the abutting property owner may result in the creation of a lot that meets the zoning standards. In such cases, it would benefit both the community as well as the property owner to release such a parcel for sale. If the lot has unique natural characteristics, mechanisms other than NCA designation and public ownership could be employed to ensure resource preservation. One such method would be the City retaining a conservation easement. NCA USES As the definition implies, Nature Conservation Areas are to be established in recognition of the benefits of preserving natural open space. Therefore, any uses which threaten the primary purpose of resource preservation are inappropriate. Uses that are consistent with purpose of establishing Nature Conservation Areas can be classified into two major types: Habitat - The provision of habitat for plants and animals is a valid use for Nature Conservation Areas. Depending on site characteristics, this type of use can be accommodated through the protection of existing habitat areas or through the planting or re-establishment of habitat where degradation has occurred. Recreation - Nature observation is a passive recreational pursuit. Except in cases of extremely sensitive ecological situations, Nature Conservation Areas should be accessible to the general public. In order to provide accessibility, low intensity improvements should be considered to accommodate passive recreation. Examples of such improvements may include trails, benches and identification signage for significant plant species. Mound NCA Plan Draft 3 - J'uly 22, 1993 6 Although perhaps not specifically defined as a use, aesthetics is another aspect of Nature Conservation Areas. The vistas afforded by an open field or the colors, textures and shade of a wooded area enhance a community by providing contrast to the built environment. COSTS Cost is an issue that needs to be addressed in the establishment of Nature Conservation Areas. In general, three types of costs need to be considered. They include acquisition, restoration and maintenance. Acquisition Costs Acquisition costs can be considered as either direct or indirect. Direct costs result from the purchase of private lands by public entities. In this case, the public entity is most likely the City of Mound. At the present time, all of the parcels being considered for designation as Nature Conservation Areas are already in public ownership through tax forfeiture or through donation by private parties. Therefore, at this point in time direct acquisition cost is not an issue. In the future, however, the City may consider the purchase of significant private parcels for inclusion in an overall system of Nature Conservation Areas. If and when such an event occurs, it will be possible to quantify the costs and determine if appropriate funding is available. The establishment of Nature Conservation Areas also creates indirect costs that are possible to quantify. Indirect costs are principally related to property tax implications. At public meetings on various municipal issues, a common statement is that property should be 'put back on the tax roles. ~ Such statements are frequently made based on emotion rather than fact. In order to assess the indirect costs related to property taxes resulting from retaining land as Nature Conservation Areas, 24 random properties that are currently designated as "released' for public sale were selected. The corresponding values placed on the properties by Hennepin County range from $500 to $5000 and have a mean value of $1620. The total value of the 24 properties is $38,900. In reviewing land values with the County Assessor, there is no general value standard that is used for all land parcels. Tax forfeit parcels may have more value than identified by the County if their purchase and subsequent combination by a land owner results in the creation of a conforming zoning lot. For example, a lot having 8,000 square feet in the residential zone that requires I0,000 square feet may see an increase in value if it can be combined with a tax forfeit lot that is 2,000 square feet in size. The following examples illustrate the tax implications of NCA designation. Both examples rely on the following assumptions: 1. The tax rate on all properties under $72,000 is 1%. Mound NCA Plan Draft 3 - luly 22, 1993 7 Property taxes (payable 1993) will be distributed in the following manner: City of Mound rate: Hennepin County rate: Westonka School rate: Misc. rate: Total rate: 19.842% 41.869% 58.714% 1.770% 122.195% Example I - Indirect Costs Example I consists of a tax forfeit lot with a total size of 3,200 square feet and a corresponding value of $1,000. For the purposes of this example, this lot will be known as Parcel B. The parcel immediately south of the lot (Parcel A) is non--conforming since it does not contain the minimum lot size of 6,000 square feet. The following illustrates the combination of parcels A and B. Value: Parcel A = $31,000 Parcel B = $1,000 Total Existing Tax for Parcel A: ($31,000)(.01 )( 1.22195) = $378.00 Mound Share of Existing Tax for Parcel A: ($31,000)(.01)(. 19842) = $61.50 Total Tax for Parcels A and B: ($32,000)(.01)(1.22195) -- $391.00 Mound Share of Tax for Parcels A and B: ($32,000)(.01)(. 19842) = $63.50 Based on the value supplied by the County, putting Parcel B "back on the tax rolls" results in a total tax increase of $13.00, of which $2.00 goes to the City of Mound. In this particular case, however, the actual combined value may be higher than $32,000 since the combination results in a conforming zoning lot. Without specifically reviewing the property, the County will not speculate on how much if any value increase would occur in this example. In all likelihood, however, any increase will not result in substantially higher tax benefits to the City of Mound. Example 2 - Indirect Costs Example 2 consists of a tax forfeit parcel with a total size of 6,250 square feet and a corresponding value of $1,500. In this example, this parcel will be known as Parcel D. All parcels surrounding the tax forfeit lot are conform to all zoning lot size requirements. If an adjacent properly owner (Parcel C) was interested in adding the tax forfeit lot to his or her property, it would result in the following: Mound NCA Plan Dtafl 3 - July 22, 1993 8 Value: Parcel C = $46,800 Parcel D = $1,500 Total Existing Tax for Parcel C: ($46,800)(.01)(1.22195) = $571.87 Mound Share of Existing Tax for Parcel C: ($46,800)(.01)(. 19842) = $92.86 Total Tax for Parcels C and D: ($48,300)(.01)(1.22195) = $590.00 Mound Share of Tax for Parcels C and D: ($48,300)(.01)(. 19842) = $95.83 In this particular example, the value of Parcel D would not likely exceed the $1,500 figure since it is not needed by any of the surrounding properties to meet zoning requirements. The results of this example are very similar to Example 1. Mound does not see substantial tax benefit from putting Parcel D "back on the tax roles." In this case, the total benefit is approximately $3.00 per year. If all 24 of the randomly selected parcels were put "back on the tax roles", they would increase the total amount of taxes collected by approximately $475.00. Mound's share of this tax increase would be approximately $77.00. In considering the designation of Nature Conservation Areas, indirect costs related to property taxes should not be a major factor in decisions because of their minimal effect on municipal revenues. Restoration Costs Restoration costs are related to the type and magnitude of restoration undertaken. Therefore, it is impossible to budget a general amount for site restoration without specific reference to a given parcel of land and the extent of restoration needed. For example, restoration of wetland areas can involve extensive efforts including dredging, construction of detention basins and other improvements which are very costly. For most NCA sites, it is presumed that restoration will consist primarily of establishing or re-establishing various types of plants. Again, planting costs will vary with the amount plant materials needed. The following is a general guide: Shade Tree (3" caliper) Coniferous Evergreen Tree (8' height) Deciduous Shrub (3' height) Tall Grass Seed (per acre) Wildflowers, Grasses & Sedges (per acre) Wildflowers (per acre) $ 275.00 $ 225.00 $ 22.00 $ 325.0O $2150.00 $2950.00 Mound NCA Plan Draft 3 - July 22, 1993 tn · j, i I, iii I I The above prices are for plant materials only. If neighbors or other groups are unavailable to install plant materials, the above prices should be multiplied by a factor ranging from 1.5 to 2.0. Maintenance Costs Maintenance costs associated with the establishment of Nature Conservation Areas are difficult to estimate. The difficulty in estimating maintenance costs occurs because the concept of NCA's is unique to Mound and comparable facilities do not exist. Therefore, estimates of maintenance costs require speculation. Maintenance associated with Nature Conservation Areas is likely to include principally clean-up and vegetation removal. Unfortunately, undeveloped parcels are sometimes sites for illegal dumping. When this occurs, the City bears the responsibility of absorbing the clean up costs. At the present time, the City of Mound annually spends between $15,000 and $20,000 on tree removal and cleaning up dumped debris. As NCA's become established, the cost of these items may rise. Based on current costs, it is not unreasonable to assume that the establishment of Nature Conservation Areas could result in an annual maintenance budget increase ranging from $2,500 to $5,000 to account for debris and vegetation removal. Application of the Adopt a Green Space Program to Nature Conservation Areas has the potential to reduce the budget increase for maintenance. ADMINISTRATION Upon establishment, Nature Conservation Areas become publicly owned land under the control of the City of Mound. Therefore, they will become the administrative and maintenance responsibility of existing City departments. The Mound Park Department is the logical choice for administration and maintenance of all NCA areas in accordance with policies and budgets approved by the City Council. Establishment of additional Nature Conservation Areas may also increase administrative costs. For example, if NCA's are "adopted" by neighborhood groups, City staff will need to provide a plan or field direction for clean-up and improvement efforts. ACTION PLAN The old saying that you need to learn to walk before you can run applies directly to Nature Conservation Areas. Nature Conservation Areas are unique to Mound. There is no model available from other communities that can be applied. As a result, the process of establishing NCA's will be, to a certain extent, one of "developing the rules as you go along." The effectiveness of administrative policies, the scope of costs involved and required maintenance efforts will be defined over a period of time based on experience. Mound NCA Plan Draft 3 - July 22, 1993 10 Based upon the information contained within this report, the following action plan steps are recommended for consideration: ° ° The Park and Open Space Commission should conduct a detailed review of all existing candidate NCA sites and organize them into priority groups. For example, the Commission may establish three groups with the highest ranked sites containing significant natural amenities or those sites eligible for immediate sale which contain appropriate natural features. The Commission may want to consider establishing a decision matrix incorporating the NCA Designation Parameters contained within this report to assist in the objective evaluation of potential sites. Initial designation of NCA's should occur on a limited basis. If the City proceeds to establish such areas, it may be appropriate to start with an initial designation of 3 to 5 areas to allow for detailed monitoring. Promote application of the existing Adopt a Green Space program to Nature Conservation Areas. Consider encouraging or possibly requiring adoption of NCA's by neighborhood or community groups as a prerequisite of NCA status. Investigate other methods of preserving open space areas. Establishing conservation easements on parcels sold to abutting property owners or deeding various sites to organizations such as the Nature Conservancy may be viable alternatives to the City of Mound retaining ownership of all NCA parcels. Publicize Nature Conservation Areas. Making the public aware of the existence of and value of NCA's will assist in soliciting groups to adopt or sponsor various sites. When possible, tax forfeited parcels should be reviewed by the Park and Open Space Commission prior to being reviewed by the Planning Commission and City Council. The Nature Conservation Areas program should be viewed as an ongoing process. Additional parcels can be added to the system at any time in the future so long as financial resources are available. Continually monitor the successes and failures of the program and make adjustments accordingly. Mound NCA Plan Draft 3 - July 22, 1993 1 1 [I ! ~, i I, I~ i i APPENDIX A Site No. MOUND GREEN SPACE SURVEY Site name/location: Site P.I.D. No.: Surveyor: Date: Size of area (acres, square feet) City owned: yes Site Use: 1. % Forest cover Trees: Maple Willow __Ash Cottonwood ~ Bit,emu, Hickor~ Conifer Spring Flowers: Dutchman's Breeches Trillium Bellwort Hepatica~ Columbine Wild Ginger other flowers: Shrubs and other plants: Animals: Basswood . Ironwood other Bloodroot Solomon seal Gentian Lily _ Oak Elm 2. % Prairie cover Other plants: Spring beauty Butterflyweed 3. % Wetlands Cattails plants: Animals: open water Water Lily % purple loosestrife Blue Flag _ Other 4. unusual or unique plants, animals, or other features: no or 5. % Disturbance Evidence of disturbance (animals, buildings, cultivation, human abuse, etc.): 6. Threats to site (alien plants such as buck,horn, tartarian honeysuckle, or purple loosestrife; insects; disease; human abuse; etc.): 7. Surrounding land use: (agriculture ~%, commercial ~es~' recreational .. %, residential %, other %). ibe in detail, including density of development and proximity to other green space: Conservation/Management needs (improvements): Photo: yes no (on back) Other comments (use reverse side, if necessary): Y3 · · 1, i I, u I I PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 93'040 NOTICE OF A PUBLIC HEARING TO CONSIDER A PRELIMINARY AND FINAL PLAT REQUEST FOR "DAKOTA RAIL 2ND ADDITION" BY DAKOTA RAIL, INC. INVOLVING LANDS SOUTH OF 2281 COMMERCE BLVD. (JOHN'S VARIETY & PETS) AND NORTH OF THE RAILROAD TRACKS 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, September 14, 1993 to consider a request by Dakota Rail Inc, for a Preliminary and Final Plat to be named "Dakota Rail 2nd Addition" involving land located south of 2281 Commerce Blvd. (John's Variety & Pets) and North of the railroad tracks. The platting will result in the creation of one new parcel, generally located in the following described property: That part of the Dakota Rail, Inc. railroad right-of-way in Government Lot 8, Section 14, Township 117 North, Range 24 West of the 5th Principal Meridian, Hennepin County, Minnesota. A copy of a plat map showing the location of the proposed subdivision is below. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. .. Mailed to property owners within 350' by August 31, 1993 and Published in "The Laker" on August 24, 1993. BILLS August 10, 1993 BATCH 3073 BATCH 3074 Total Bills $519,539.17 78,744.96 $598,284.13 ! ! 1, ! I, t I I Z *'3 0 0 LIJ~, bJ~, ::3 ri'r,, n,,' r... Z 144 la,. 0 Z 0 o 0 e UJ Z Z~ ,-4 0000 I I I I o Z 0 0 . L~ I ZZ ~Q. UJ o I' I O0 I I (~ 0 ~ o CL. o I 1~3 I 1~3 I o I I I .4' *4' ,,# 0 0 0 I I I 0 0 0 O0 0 0 ! 0 0 ! 0 0 · -I ,-4 0 0 O0 O0 0~-4 0~1 0 0 o 0 I I 0 0 .4' -1' 0 0 I I · -4 ,-4 0 0 Z ~1 I I I 0000 ' I I I I 0 00o0 0~0~0~ I I I 000 I I I Z Iai Z Z 0 ,,-) ~0 0 F~ 0 O~ 0 0 ;o 0 Z · I ,..,I ..i- Il.l: I,.,,., ~.,, ~ 0 I ! l, I N, LIJ ~ ~ ,-I z I ,r ,n Z I- Z ~J 0 , I Q..J 'Ir'-) o o ..4' .4, o o I I .-4 ,-,I o o 4 oo o o o oo Z I Zn,, 0 U.IC. Z 0 · jjJ4.;JJJJJJJJ o I'~ Z I'*,.., Z ,,-~ 0', "If ,'"~ (:~' ,nO Z ,nO la. U,J .J w o n,,. ,-., O. ,no n,' r,. · ~J 0 I-. iI o' O0 o 0 0 0 0 o I ..J Z C30:: OO O0 0 hi I ,,(.J Ct:Z 0 Z L,IJ ZZ LU · Z 0 ,3 I -J C3Z Z,'~ O0 ~0o0 ~OcO 0~0.. ,'."~ O, 0 ,4' ..4' I-- 0 Z 0 I <,. 0 .4' 0 Z ,,=J .J ..J I-- ~ 0 u,J ..J Z U.J Z 0 o ~Z _3'9 Z~ o 0 2: Z la · ~, I I, I~ ! I ! ! 1, I I wb.J Z ,4 '%1 C~ I'1: U J, o 0 Z LA/ ! ! I I, ~ I I CITY of ,rlO[ ND t~,V- WOO{' s i -',S 472 0600 6~2, 472 ,2623 August 9, 1993 TO: MAYOR & CITY COUNCIL FROM: FRAN CLARK, CITY CLERK LIVE MUSICAL CONCERT PERMIT Friday, August 6, Debra Kullberg came in to inquire about a number of the churches in the area having a Beach Party/Christian Rock Concert at Mound Bay Park on Saturday, August 21, 1993. They would be inviting all teens in the area. She has met with Police Chief, Len Harrell, and he would be able to have some Police Reserves in attendance. The following is their plan: D-J music on the deck of the Depot 3:00 P.M. - 7:00 P.M. Live music on the deck of the Depot 7:00 P.M. - 10:00 P.M. Volleyball Swimming They will be serving food and have obtained the necessary permits from Hennepin County. They are asking for your approval and to waive the $25.00 fee. fo printed on recycled paper t · ~, ! I, tt I I CITY of MOUND PARKS DEPARTMENT JULY 1993 MONTHI,Y REPORT 534' MAYWOOD ROAD L'OUND ',' !,INE.~STA 55364-~68- 612) 4-2 3600 FAX 612 :-2 3620 Parks The parks crew has been occupied with the standard mowing and beach maintenance that we see every year at this time. There are a few projects like the installation of the basketball pole at Langdon Park that had to be delayed until the general maintenance slows down to allow time to do them. We did have to allow time to do some sand bagging of Centerview Road, the water was over the road and breaking up the pavement. A line of bags were situated to break up the waves to deter erosion. The 1994 budget process has begun so a proposed budget presented to the City Manager for the first look at requirements for next year. has been projected Docks The high water has created problems with docks, we are seeing complete dock systems under water and erosion along the shoreline from water getting behind the rip rap. When the water recedes we will have to view all of the public shoreline and note any repairs needed. As you are aware, the updating of encroachments continues. group of applications will be going to the Park and Commission in August. The first Open Space Cemetery The caretaker for the cemetery was on vacation for two weeks so the parks crew had to pick up the mowing and grave repair during this time. Beaches With the high water there has not been much beach area left open, but we are cleaning all of them each day. The cool weather has slowed down the use, but when the temperature heats up the areas are packed with people. Trees Two hazardous trees were removed from City property and one area with three cottonwood tress needed to have dead branches removed from them. We are beginning to see some affect of the high water table on trees, like the maples. The water is rotting their root systems and causing them stress. You can see this in the leaves turning brown. printed on recycled paper MONIH OF JULy 1993 NO. OF CALLS 54 63 346 279 MOUND FIRE 10 .... 12 69 61 IP.~]tGENCY 20 25 136 102 FIRE 1 0 5 7 MINNETONKA BEACH ,, EMERGENCY 0 1 2 2 MI NNETR I STA FIRE 2 0 15 10 ]~MtRGENCY 4 9 25 20 ORONO FIRE ! 2 13 10 ]~MERGENCY 2 6 20 11 SHOREWOOD FIRE 1 0 2 2 EMERGENCY 0 0 1 1 SPRING PARK FIRE 1 1 16 16 t~ ~ERGENCY 12 7 40 33 FIRE O 1 3 4 MUTUAL AID ]~MtRGENCY O 0 1 O TOTAL FIRE CALLS 16 15 121 110 TOTAL EMERGENCY CALLS 38 48 225 169 ,COmmERCIAL O 0 6 5 RESIDENTIAL % ~ 29 44 INDUSTRIAL 0 D O 1 GRASS & MISCELLANEOUS 9 ~ 38 24 Ab'tO 1 z 7 7 FALSE ALARM / FIRE ALARMS 4 3 40 29 NO. OF HOURS FIRE 177 265 1587 1704 - MOUND .~M~IRGENCY 371 501 2599 1984 %'QTAL 548 766 4186 368~ FIRE 6 0 55 103 - MTKA BEACH E~rRGENCY O 26 52 53 TOTAL 6 26 107 15§ FIRE ~7 O 274 313 - M' TRISTA ~[ERGENCY 60 ]Sq 446 364 TOTAL 97 ] 89 720 677 FIRE 27 26 263 189 ORONO ~IRGENCY 27 98 377 239 TOTAL 54 lZ4 640 428 FIRE 35 O 52 126 - SHOREWOOD EMERGENCY O O 26, 16 .,, ~ 35 O 7.8 142 FIRE 8 17 338 330 - SP. PARK ]~M~RGENCY 180 147 755 689 TOTAL 188 164 1093 1019 FIRE 0 10 109 220 - MUTUAL AID EMERGENCY 0 0 30 0 TOTAL 0 10 139 220 TOTAL DRILL HOURS 165 177~ 1132{ 1210 TOTAL FIRE HOURS 280 318 2678 2985 TOTAL EMERGENCY HOURS 638 _961 458~ 3345 TOTAL FIRE & MMERGENCY HOURS 918 1279 6963 6330 .MU.TUAL AID .R. ECEIVED . . 0 0 2 3 MUTUAL A~'O ~IV~N O 1 3 4 I MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF JULY 1993 i 7/19 7~26 ~F ~ X X 2 19.~ 2 44 ~_~ 2~.~ G~ ~ X ~ 1 9.50 2 43 6.~ 258.~ J~Y B~B X X 2 19.~ O 17 6.~ 102.~ X ~ 1 9.50 2 15 6.~ ~.~ DA~ ~ BRY~ X X 2 19.~ 0 23 6.50 149.50 S~ BRYCE X X 2 19.~ 2 28 6.~ 168.~ DA~ ~N X X 2 19.~ 3 21 6.~ 126.~ J~ C~ X X 2 19.~ 2 29 6.~ 174.~ S~ COL~ X X 2 19.~ 2 25 6,~ 150.~ ~ ~T X X 2 19.~ 3 29 6.~ 174.~ S~ ~N X X 2 19.~ 0 ~ 6.25 187.50 P~L FI~ X X 2 19.~ 0 27 6.~ 162.~ ~D ~V~S X X 2 19.~ 2 13 6.~ 78.~ D~ G~Y X X 2 19.~ 2 47 6.~ 282.~ ~ G~ X .~} 1 9.50 2 27 6.~ 162.~ CRAIG ~R~ X X 2 19.~ 2 26 6.~ 156.~ p~ ~y X X 2 19.~ 3 17 6.~ 102.~ ~RAD Y~AW X X 2 19.~ 4 34 6.~ 2~.~ R~ MAR ~E X X 2 19.~ 2 28 6.~ 168.~ ~ ~MIS X X 2 19.~ 2 27 6.~ 162.~ J~ ~w X X 2 19.~ O 24 6.~ 1~.~ ~v ~ x x o~ ~ x ~ ~ ~.~o o ~ 6.~ ~.~ M~ P~ X X 2 ~9.~ 4{ 24 6.~ ~44.~ Zm p~ X x 2 ~9.~ 2 ~9 6.~ ~4.~ ~ PED~ [~~ X 2 19.~ 1 29 6.~ 174.~ ss= o o 4 ~ Vk~ X X 2 19.~ !~ 39 6.~ 2~.~ RI~ ~S X X 2 19.~ 6 24 6.~ 144.~ T~ W~I~ X X 2 19.~ 2 9 6,~ 54.~ D~S ~ X X 2 19.~ 1 27 6.~ 162.~ 35 31 66 ~ 87% 77% 165 627.~ 75% 918 ~ 5,527.~ 165 75% ~ 1,167.~ MOUND FIRE DEPARTMENT D R I 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 ~'umper OperatlOrls ~]re Streams & Friction Loss House BurnIngs N~]Eural/Propane Gas Demos. ba~Jder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : ~ Excused X Unexecused O Present / Not Paid Miscellaneous : ~w~& _'bet--- o A~.t. ~~,~'~_ ~tv,~ o~s~~ ~~ _ PERSONNEL ~G.Anderson ~D.Grady .Palm ~ ~J. Babb K.Grady . Pederson ~kD.Boyd ~.Henderson T.Rassmusen ~kD.Bryce .Henry M.Savage ~kS.Bryce B.Landsman K.Sipprell iCarlson .Marschke R.Stallman Casey J.Nafus ,~ i. Swenson ~S.Collins ~~.Nelson .Vanecek R.Englehart .Nelson .Williams S.Erickson .Niccum .Williams P.Fisk .Palm ~-~-D.Woytcke [[ ! 1, ! I, t I I HOt:ND FIRE DEPARTMENT R E t' (_) R T sclpline and Teamwork Critique of fires ['re-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operat lens Fl r~ Streams & Frlcr 1on [,,~.~s House Burnings Nar, ural/Propane Gas Demos. baddor Eve]ut lens Salvage Operations Radio Operations House Eve]ut xons Nozzles & Hose Appliances Hours Training Paid : ~ Excused X Unexecused O Present / Not paid Miscellaneous : .Ander son .Grady Palm .Babb .Grady Pederson D.Boyd ~oHenderson ~.Rassmusen D.Br¥ce ~.Henry .Savage S.Br~ce .Landsman .Sipprell D.¢arlson .Marschke .Stallman a.Casev a. afus .S enson . ~E Vanecek S.Collins J Nelson · ~R.Englehart M.Nelson R.Williams ~S.Erickson ~:~iccum 'T.Williams ~.Fisk aim D.Woytcke DATE MOUND FIRE DEPARTMENT TOTAL MAINTENANCE FOR MONTH OF MEN ON DUTY J. ANDERSEN G. ANDERSON J. BABB D. BOYD D. BRYCE S. BRYCE D. CARLSON J. CASEY S. COLLINS ._~ R. ENGELHART O S. ERICKSON ~) P. FISK ~ J. GARVAIS ~ D. GRADY ~ K. GRADY c~ C. ttENDERSON ,~ P. HENRY B. LANDSblAN o-~. R. MARSCHKE d J. NAFUS f~) J. NELSON ~.~ M. NELSON B. NIccu YD G. PALM ~'_~. M. PALM ~ T PALM / G. PEDERSON (~) T. RASMUSSEN /~ M. SAVAGE ,~ K. SIPPRELL ~_~ R. STALLMAN / T. SWENSON /~, E. VANECEK ~ R. WILLIAMS c~ T. WILLIAMS / D. WOYTCKE TOTAL MONTHLY IIOURS [It · J, I i, ~ I I 05-Aug-93 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR JULY FINANCE DEPARTMENT REPORT INVESTMENTS The following is the July investment activity: Balance: July 1, 1993 $4,949,005 Bought: CP 3.14 Shearson Due 11-18-93 98,912 CD 3.50 Norwest Mound Due 1-22-94 300,000 Money Market 4M 500,000 Money Market Piper 250,000 Money Market Monthly Income Reinvested 1,1 25 Matured: CP 3.18 Shearson Balance: July 31, 1993 (399,403) $5,699~639 Bonds' Sale Moody's and Standard & Poor's Rating of a definitely strong 'A" for the two bond issues sold on July 27 was a confirmation of sound management of the City by the City Council and the City Manager. The true interest rates of 5.0499% and 4.4616% for the bonds was good news and will help toward meeting our future obligations. 1994 Budget Preparation As you know, to comply with the truth in taxation laws, the city must certify the proposed levy to the county and adopt the proposed budget by September 15th. All departments are busy preparing their respective budgets. The finance department is assisting in the process. August 2, 1993 CITY of MOUND 534! YAYWOOD ,~OAD MOUND. MINNESOTA :~5'¥~4.'68- ~12 ~72 3~30 FAX 6'2 472 0622 TO: FROM: RE: CITY MANAGER CITY CLERK JULY MONTHLY REPORT There were 2 regular Council Meetings in July. Packet preparation as done for each of those meetings. Minutes were prepared after each of those meetings. 18 resolutions were prepared. There were clean-up items from the meetings and things that had to be sent to various persons. I have been working on City Code updates and am now just waiting for the new Zoning Ordinance to come back from the printer. You will then all receive the updates. It was time again (about once every two years) to update the half section maps used at the public counter. This has now been done. There have been a number of meetings regarding elections with the League of Minnesota Cities, MCFOA, and Hennepin County. We are trying to get all of our ducks in order before the 1994 elections, regarding absentee balloting, voter registration cards, etc. It's a process of trying to get the Secretary of States Office and the Legislature to listen to concerns and other ways to handle certain procedures. There were a number of research items and the usual calls from residents. fc printed on recycled paper CITY of MOUND 5341 MAYWOOD ROAD MOUSED MIP~'¢ESQTA55364 1687 {6~2 -: 72 O60O FAX 6~2 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: August 5, 1993 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official-~'~'~-- ' ' JULY 1993 MONTHLY REPORT CONSTRUCTION ACTIVITY This month 44 building permits were issued for a value of $638,511. This brings year-to-date value up to $2,490,406, this is 11% behind last year-to-date. There were also 29 plumbing, mechanical and miscellaneous permits issued for a total of 73 in July. PLANNING AND ZONING The Planning Commission and City Council reviewed ten planning and zoning cases this month. The Council directed staff at its July 27th meeting to prepare a rental summary ordinance for publishing and possible future adoption. PUBLIC LANDS The long awaited public lands permit up-date has begun. Permits and encroachments are being addressed in batches and staff will work through from beginning to the end by dock site number. The response from those affected by this update is generally good with the notion that, "as long as everyone has to do it I will go along with it." ' JS:pj printed on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: JULY Year: 1993 ~ION {' ~ ~ UN~ V~UA~N UN~ VALUA~N s~o~ ~v O~cu~o 2 2 236,329 11 1,182,792 s~o~ F~Y A~ACHED N t P~ V~UA~N V~UA~N ~DU~ V~UA~N ~AoNs ~D~N$ ~ ~Cm~ SU~O 1 17, 000 18 33~, 530 D~ACHED ACC~Ry BU~D~ 5 68,232 12 119,335 V~ 8 27,200 28 7~,89~ ~~us ~oo~ 22 192,205 105 543.29~ :~ 36 306,637 16~ · 1~072~053 TIONS ~DU~ 3 97,545 5 130, 766. ~ 3 97,545 14 235,561 ~O.-~m~ ~UmD~OS 1 ( PO( L) 1 TOT~ 44 2 638,511 *195 2,490,406 ' m~mo 44 195 ~c~ a ~a w~ 4 2 0 s~us 2 18 ~ ~o 12 66 ~~ 4 34 o~a 0 2 ~ 73 356 August 3, 1993 TO: FROM: SUBJECT: MAYOR, CITY MANAGER AND CITY COUNCIL JOEL KRUMM, LIQUOR OPERATIONS MANAGER JULY MONTHLY REPORT As I projected and hoped, the month of July was a record breaking one. Total gross sales were $154,245. Last July sales were $126,898. July of 1993 eclipsed our previous best month ever which was December of 1992 when sales were $144,882. After the first seven months of the years sales are $809,278. Last year at the same time they were $711,566. That's an increase of nearly $100,000 so far, up 14%. Conservatively, I see sales for the year increasing by $130,000 over the last year. If so, that would translate roughly to another $27,000 in profits. Add that to the $135,000 made in 1992, we would arrive at around $162,000 for fiscal '93'. The reason why our sales have nearly doubled in the nine years I have been here are because I have offered the public the lowest over-all prices in the Lake Minnetonka area and to the communities west of here. It was necessary to reach other cities and towns because Mound doesn't have the luxury of an escalating population such as Eden Prairie, Plymouth, Lakeville or Coon Rapids for example. And Mound residents themselves have come back to us. Before my arrival they were shopping elsewhere because prices were outrageous. Advertising and promotions played a critical role in increasing our clientele base. I also offered them two other important ingredients that are crucial in any business and they are "selection and service". All the necessary parts were put together and the public responded. JK:ls printed on recycled paper LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Len Harrell Monthly Report for July 1993 STATISTICS The police department responded to 1,109 calls for service during the month of July. There were 34 Part I offenses reported. Those offenses included 2 criminal sexual conducts, 8 burglaries, 23 larcenies, and 1 arson. There were 68 Part II offenses reported. Those offenses included 4 child abuse/neglect, 2 forgery/NSF checks, 3 weapons, 4 narcotic, 9 damage to property, 8 liquor law violation, 7 DUI's, 6 simple assaults, 3 domestics, 9 harassments, 2 juvenile status offenses and 11 other offenses. The patrol division issued 152 adult citations and 1 juvenile citation. Parking violations accounted for an additional 52 tickets. Warnings were issued to 64 individuals for a variety of violations. There were 2 juveniles arrested for felonies. There were 26 adults and 6 juveniles arrested for misdemeanors. There were an additional 10 warrant arrests. The department assisted in 10 vehicular accidents, 2 with injuries. There were 36 medical emergencies and 118 animal complaints. Mound assisted other agencies on 16 occasions in July. Property valued at $10,410 was stolen in July. I! 1, ! I, I~ I I MOUND POLICE DEPARTMENT MONTHLY REPORT - JULY 1993 II. III. IV. Ve INVESTIGATION The investigators worked on 4 child protection issues and 6 criminal sexual conduct cases in July. Those cases accounted for 40 hours of investigative time. Other cases investigated included burglary, forgery, theft, assault, NSF checks, hit and run accident, trespass, threats, harassing communications, domestic abuse, parental rights, and absenting. Formal complaints were issued for false information to police, driving after revocation, driving under the influence, and worthless checks. Personnel/Staffing The department used approximately 36 hours of overtime during the month of July. officers used 83 hours of comp-time, 120 hours of vacation, 100 hours of sick time, and 8.5 holidays. Officers earned 33 hours of comp-time. Training Officers received in-service firearms training in July at the Minnetonka Sportsman's Club. officer Ewald attended the Wilson Supervisory Leadership course and Officer Truax attended "Managing Priorities." I attended the SPI retraining conference in Indianapolis. Courses included "Team Building for Managers," "Issues in Cultural Diversity," and "Current Liability Issues." Police Reserves The Reserves donated 141 hours during the month of July. We currently have fourteen active police reserves. MOUND POLICE RESERVES MONTHLY REPORT NAME EMER RES COMM H/FB TNG C/O SQD SCV GAME Norton - 7.0 - - - Liljeberg 3.0 - 7.0 - - Berent - - 2.5 - - Maas - 8.0 - - - Qunell ..... Nelson - - 3.5 - - Cole - 7.0 - - - Fleming ..... Haarstad - 13.0 - - - L~ng - 9.0 - - - Plnck .... 8.5 Ringate .... 1.8 Koerber .... 31.4 Rueter .... 34.0 INST RIDE ADMIN ALONG MTG TOTAL - - 15.0 2.0 24.0 - 17.0 15.0 1.5 43.5 - - 15.0 1.5 19.0 - 2.0 15.0 2.0 27.0' - - 3.7 1.5 5.2 4.0 - - 1.5 9.0 - - - 1.5 8.5 - 9.5 - - 9.5 - 4.0 - 2.0 19.0 - - - 1.5 10.5 .... 8.5 - - - 1.5 3.3 .... 31.4 .... 34.0 TOTALS 3.0 44.0 13.0 - 75.7 4.0 32.5 63.7 16.5 252 MONTHLY ACTIVITIES Ride Alongs Meetings Transports Reserve Squad Training Instruction Bruce Miller Day Ri R4 R5 R59 R10 Rll R17 ACTIVE RESERVES Norton Liljeberg Maas Berent Nelson Qunell Cole R19 Fleming R22 Haarstad R57 Lyng R20 R Reserves in Training Pinck R53 Rlngate Koerber R Rueter ~ · J, I, I, IJJ i a OFFENSES REPORTED CLEARED UNFOUNDED JULY EXCEPT. CLEARED 1993 CLEARED BY ARREST ARRESTED ADULT JUVENILE PART I CRIMES Homicide 0 0 0 0 Crimina[ Sexual Conduct 2 1 0 0 Robbery 0 0 0 0 Aggravated Assault 0 0 0 0 Burglary 8 0 3 0 Larceny 23 1 1 1 Vehicle Theft 0 0 0 0 Arson 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 TOTAL 34 2 4 1 0 PART Il CRIMES Child Abuse/Neglect 4 4 0 0 0 Forgery/NSF Checks 2 0 1 0 0 Criminal Damage to Property 9 0 0 0 0 Weapons 3 0 2 0 0 Narcotics 4 1 0 2 1 Liquor Laws 8 0 0 8 8 DWI 7 0 0 7 7 Simple Assault 6 0 3 0 1 Domestic Assault 0 0 0 0 0 Domestic (No Assault) 3 0 0 0 0 Harassment 9 0 3 0 0 Juvenile Status Offenses 2 0 0 2 0 Public Peace 1 0 0 1 1 Trespassing 1 1 0 0 0 All Other Offenses 9 0 1 8 8 TOTAL 68 6 10 28 26 PART III & PART IV Property Damage Accidents 8 Personal Injury Accidents 2 Fatal Accidents 0 Medicals 36 Animal Complaints 118 Mutual Aid 16 Other Genera[ Investigations 821 TOTAL 1,001 Hennepin County Child Protection 6 TOTAL 1,109 14 29 26 1 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT JULY 1993 GENERAL ACTIVITY SUMMARY THIS MONTH Hazardous Citations 59 Non-Hazardous Citations 81 Hazardous Warnings 19 Non-Hazardous Warnings 27 Verbal Warnings 100 Parking Citations 52 DWI 7 Over .10 6 Property Damage Accidents 8 Personal Injury Accidents 2 Fatal Accidents 0 Adult Felony Arrests 2 Adult Misdemeanor Arrests 34 Adult Misdemeanor Citations 7 Juvenile Felony Arrests 2 Juvenile Misdemeanor Arrests 6 Juvenile Misdemeanor Citations 4 Part I Offenses 34 Part II Offenses 68 Medicals 36 Animmal Complaints 118 Other Public Contacts 821 YEAR TO DATE 343 365 96 107 869 229 46 35 52 12 0 22 152 11 26 44 6 182 391 230 528 5,227 LAST YEAR TO DATE 412 159 89 259 676 413 38 27 46 13 0 38 264 72 20 57 20 197 438 173 615 3,778 TOTAL 1,493 Assists 79 Follow-Ups 32 Henn. County Child Protection 6 Mutual Aid Given 16 Mutual Aid Requested 0 8,973 283 187 34 72 7 7,804 551 162 40 74 27 n · ~, i I, I~ I I 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 JULY 1993 ADULT 7 6 3 9 1 48 1 0 9 0 2 3 0 0 45 0 0 52 0 6 0 7 0 5 2O4 JUV 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 MOUND POLICE DEPARTMENT MONTHLY REPORT JULY 1993 WARNINGS No Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Warrant Misdemeanor Warrants ADULT 1 17 21 0 2 13 0 0 0 6 60 2 8 JUV 0 0 3 0 0 0 0 0 0 1 4 R7S7 tn · ~, I I, o I I Run: 28-Ju[-93 13:42 PRO03 MOUND POLICE DEPARTMENT Page Primary ISN's on[y: No o--'~eported range: 06/26/93 - 07/25/93 ,ctJvity codes: All Property Status: ALL Property Types: ALL Property Oescs: ALL Brands: Att ModeLs: AtL Officers/Badges: ALL Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Tp Desc SN Stat Stolen Value Date Recov'd Quantity Act Brand Model Off-1 Off-2 Recov'd Value Code Assnd Assnd 6 93001384 01 01 S 7/21/93 300 A 93001177 01 01 S 6/29/93 85 B BICYCL 93001243 01 01 S 7/07/93 209 8 B]CYCL 93001319 01 01 S 7/15/93 75 8 B]CYCL 93001336 01 01 R 7/19/93 50 D 93001290 01 01 S 7/13/93 160 E 93001277 01 01 R 7/11/93 20 G 93001367 01 01 S 7/22/93 400 J 93001335 01 01 R 7/19/93 90 R 93001260 01 01 S 7/09/93 188 R 93001286 01 01 S 7/12/93 500 R 93001286 01 03 S 7/12/93 15 R 93001290 01 02 S 7/13/93 115 r 93001301 01 01 S 7/14/93 150 R ~ETECT 93001286 01 02 S 7/12/93 250 R SPEAKE 93001352 01 01 S 7/21/93 100 S 93001163 01 01 S 6/28/93 690 S 93001163 01 03 S 6/28/93 200 S 93001164 01 01 R 6/28/93 35 S 93001196 01 01 S 7/01/93 600 S 93001302 01 01 S 7/14/93 30 T 93001170 01 01 S 6/29/93 168 T 93001204 01 01 S 7/03/93 360 T 93001285 01 01 S 7/12/93 1 T 93001286 01 04 S 7/12/93 2 T 93001370 01 01 S 7/24/93 41 V 93001139 01 01 S 6/26/93 130 V 93001139 01 02 S 6/26/93 800 W 93001165 01 01 S 6/28/93 54 W 93001225 01 01 $ 7/06/93 27 Y 93001162 01 01 S 6/28/93 4,500 Y 93001196 01 02 S 7/01/93 Y 93001379 01 01 S 7/23/93 65 Y 93001393 01 01 $ 7/25/93 7/23/93 50 7/11/93 20 7/19/93 90 6/28/93 35 1 F4075 416 419 1 TG169 421 1 U3498 DYNO 421 1 U3498 416 1 U3498 421 460 1 TF159 405 1 83464 416 1 B3494 ~EATHERBY 416 1 TG069 421 414 1 TG029 MOTOROLA RADIUS PlO 422 1 TC159 CLARION 5770CD 419 1 TC159 419 1 TF159 405 1 TG159 MAXON 422 1 TC159 WHISTLER 1040 419 2 TG159 TSTXR 40 418 1 B3794 404 1 ~3794 MINNKOTA 404 1 TG059 404 1 TG059 404 1 TG029 ACME 405 1 TG051 411 1 TF021 416 1 TG061 421 1 TC159 419 1 TG011 421 1 TC159 422 1 TC159 QUASAR 422 1 TG159 418 1 VEl11 MERCEDES 412 1 T1029 ROLEX 404 415 1 TG059 404 1 TG059 421 1 U3289 421 **** Report Totals: 10,410 195 35.000 Run: 28-Jul-93 13:14 CFS08 Primary ISN~s on[y: No Date Reported range: 06/26/93 - 07/25/93 Ti~e range each day: 00:00 - 23:59 Ho~ Received: Ali Activity Resulted: AIl Dispositions: AIl Officers/Badges: AIl Grids: At[ Patrol Areas: AIl Days of the week: AIl ACTIVITY COOE DESCRIPTION 9000 SPEEDING 9002 NO D/L, EXPIRED D/L 9006 TEST REFUSAL 9012 OPEN BOTTLE 9014 STOP SIGN 9016 FAILURE TO YIELD 9020 CARELESS/RECKLESS 9022 EXHIBITION DRIVING 9038 ALL OTHER TRAFFIC 9039 J-ALl OTHER TRAFFIC 9C~0 NO SEATBELT 9100 PARKING/ALL OTHER 9150 NO TRAILER PARKING 9200 DAS/DAR/DAC 9210 PLATES/NO-IMPROPER-EXPIRED 9220 NO INSURANCE/PROOF OF 9240 CHANGE OF DOMICILE 9312 FOUND ANIMALS/IMPOUNDS 9313 FOUND PROPERTY 9314 FOUND VEHIClES/IMPOUNDED 9430 PERSONAl INJURY ACCIDENTS 9450 PROPERTY DAMAGE ACCIDENTS MOUND POLICE DEPARTMENT Enfors Carls For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 48 1 1 1 2 3 3 1 3 1 7 41 11 9 9 45 2 12 1 2 6 Page Il ~, ! I, ii I I Run: 28-Jut-93 13:14 CFS08 Primary ISN's on[y: No Oath. Reported range: 06/26/93 - 07/25/93 T ange each day: 00:00 - 23:59 How Received: Ali Activity Resulted: AIl Dispositions: Officers/Badges: AIl Grids: AIl Patrol Areas: Days of the week: AIl MOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9451 H/R PROPERTY DAMAGE ACC. 2 9561 DOG BITE 6 9566 ANIMAL ENFORCEMENT TICKETS 6 9710 MEDICAL/ASU 2 9730 MEDICALS 34 9800 ALL OTHER/UNCLASSIFIED 6 9~ DOMESTIC/NO ASSAULT 3 9802 PUBLIC ASSIST 1 9900 ALL HCCP CASES 6 9904 OPEN DOOR/ALARMS 9 9910 MISC. SERVICES BY OFFICERS 1 9920 INSPECTIONS DEPARTMENT 8 9930 HANDGUN APPLICATION 5 9944 UNWANTED GUEST 2 9950 INFO/INT 2 9980 WARRANTS 10 9990 MISC. VIOLATIONS 4 9992 MUTUAL AID/8100 8 9993 MUTUAL AID/6500 6 ~ tUTUAL AID/ ALL OTHER 2 A5002 ASLT 5-UNKNOWN ACT-NO WEAPON-ADLT-ACQ 1 ~5350 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-UNK RELAT 1 Page 2 R~: 28-Jul-93 13:14 CFS08 Primry ]SN's ~ly: No Date Re~rted range: 06/26/93 - 07/25/93 Tim range each day: 00:00 - 23:59 How Received: All Activity Resulted: AIl Dispositi~s: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: Alt ACTIVITY COOE DESCRIPTION MOUND POLICE DEPARTMENT Enfors Carts For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS Page A5354 A5355 A5502 B1260 B3394 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ ASLT 5-THRT BOOILY HARM-NO WEAP-ADLT-ACQ BURG 1-OCC RES NO FRC-N-UN WEAP-UNK ACT BURG 3-UNOCC RES FRC-U-UNK WEAP-COM THEFT B3464 BURG 3-UNOCC RES NO FRCIN-UNK WEAP-COM THEFT B3494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT B3794 BURG 3-UNOCC NRES FRC-U-UNK WEAP-COM THEFT 84090 BURG 4-AT FRC NRES-U-UNK ~EAP-UNK ACT B4990 BURG 4-AT FRC RES-U-UNK ~EAP-UNK ACT C3212 FORGERY-MS-UTT POSSESS PLACE-CHECK-BUSINESS )0300 DRUGS-UNK CAT-DISTRIB-UNK TYPE-UNK CHAR )5970 DRUGS-SCH 3 CONT SUB-OTHR ACT-AMPHET-UNK CHAR )8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION )C500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK :4075 ARSON 3-MS-UNK COND-OT STRU-$299 lESS 3060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD 12500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR 2E00 TRAF'ACC-GM-AL 10 MORE-UNK INJ-UNK VEH 3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF lIQUOR 3EO0 TRAF-ACC-MS-AI 10 MORE-UNK INJ-UNK VEH 303? CSC 2-UNK ACT'GUARDIAN-18 OIDER-F 3 2 2 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 6 5 1 Run: 28-Jut-93 13:14 CFSO~ Primary ]SHes only: No Oa¢-'~eported range: 06/26/93 - 07/25/93 Ti ,hOe each day: 00:00 - 23:59 Ho~ Received: Activity Resulted: Att Dispositions: All Officers/Badges: Grids: All Patrol Areas: Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS CSC 4-UNK ACT-PARENT-UNDER 13-F JUVENILE-ALCOHOL OFFENDER LIQUOR - PROCURING LIQUOR FOR A MINOR LIQUOR - OTHER JUVENILE-RUNAWAY STALKING-UNK DEGREE L7021 M3001 M4106 M4199 M5350 N0310 3ISTUR8 PEACE-MS-DISORDERLY CONDUCT DISTURB PEACE-MSICONCEALING IDENTITY DISTURB PEACE-MS-HARRASSING COHMUNICATIONS PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-BUSINESS-UNK INTENT TRESPASS-MS-PRIVATE-UNK INTENT THEFT'MORE $2500-FE-FRM BUILDING-OTH PROP THEFT-501-2500-FE-MOTOR VEH-OTH PROP THEFT-201-5OO-GM-BUILDING-MONEY THEFT-201-5OO-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-GM-FRM PERSON-MONEY THEFT-LESS 200-GM-BUILDING-OTH PROP THEFT-LESS 200-GM-YARDS-MONEY .HEFT-LESS 200-GM-YARDS-OTH PROP THEFT-LESS 200-GM-MAILS-MONEY THEFT-LESS 200-GM-MAILS-OTH PROP N3r N3060 N3190 P3110 P3130 P3310 T1029 TC159 ;F021 TF159 :G011 'G029 TG051 TGO. ~G061 G069 Page 4 Run: 28-JUL-93 13:16 CFS~ Prir~ry ISN's only: No Date Rel~rt~ range: ~/26/93 - 07/25/93 TiN raHe each day: 00:00 - 23:S9 Hc~ Received: ALL Activity ResultS: At[ Dispositions: Ail Officers/Badges: Ail Grids: Patrol Areas: Days of the week: ~CTIVITY COOE DESCRIPTION FG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP 'G169 THEFT-LESS 200-GM-WATERCRAFT-OTH PROP J1013 THEFT-FE-BY CHECK-$501-$2500 11033 THEFT-FE-BY CREDIT CARD-$501-$2500 13289 THEFT-MS-SHOPLIFTING-35000-OR MORE THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS VEH-200 OR LESS-MS-PARTS-MOTOR VEH-AUTO WEAPONS-MS-USES-OTHER TYPE-NO CHAR WEAPONS-MS-OTHER ACT-FIREWORKS-NO CHAR CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH *** Report Totals: MOUND POLICE DEPARTMENT Enfors Ca[is For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 3 1 1 t 1 3 1 1 2 438 Page ~ · J, I I, tt I I Run: 28-Ju[-93 13:23 OFF01 Primary ISN's only: No Da ...... eported range: 06/26/93 - 07/25/93 Ti ,nge each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: At[ Grids: ALL MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING A5002 ASLT 5-UNKNOWN ACT-NO gEAPON-ADLT~ACQ A5350 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-UNK RELAT A5354 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5355 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-ACO A5502 ASLT 5-THRT BOO ILY HARM-NO WEAP-ADLT-ACQ B1260 BURG 1-OCC RES NO FRC-N-UN ~EAP-UNK ACT B3394 BURG 3-UNOCC RES FRC-U-UNK WEAP-COM THEFT B3 3URG 3-UNOCC RES NO FRC-N-UNK gEAP-COM THEFT B3494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT B3794 BURG 3-UNOCC NRES FRC-U-UNK ~EAP-COM THEFT B4090 BURG 4-AT FRC NRES-U-UNK gEAP-UNK ACT B4990 BURG 4-AT FRC RES'U-UNK WEAP-UNK ACT C3212 FORGERY-MS-UTT POSSESS PLACE-CHECK-BUSINESS 00300 DRUGS-UNK CAT-DISTR1B-UNK TYPE-UNK CHAR D5970 DRUGS-SCH 3 CONT SUB-OTHR ACT-AMPHET-UNK CHAR 28500 DRUGS-SMAll AMOUNT MARIJUANA-POSSESSION ]C500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK F4075 ARSON 3-MS-UNK COND-OT STRU-$299 LESS I3060 CRIM AGNST FAM-MS-NEGLECT OF A CHILD J2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED J2E J3500 J3EO0 RAF-ACC-GM-AL 10 MORE-UNK 1NJ-UNK VEH TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH 0.0 0.0 0.0 100.0 50.0 0.0 100,0 100.0 0.0 0.0 0.0 50.0 0.0 0.0 0o0 100.0 100,0 0.0 0.0 100.0 100.0 100.0 100,0 Run: 28-Ju[-93 13:23 OFF01 Primary ISN's only: No Date Reported range: 06/26/93 - 07/25/93 Time range each day: 00:00 - 23:59 Dispositions: Activity cedes: Officers/Badges: AIl Grids: MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ..... OFFENSES CLEARED ADULT JUVENILE BY EX' PERCENT ARREST ARREST CEPTION TOTAL CLEARED L3037 CSC 2-UNK ACT-GUARDIAN-18 OLDER-F 1 0 1 1 0 0 0 0 0.0 L7021 CSC 4-UNK ACT-PARENT-UNDER 13-F 1 1 0 0 0 0 0 0 0.0 M3001 JUVENILE-ALCOHOL OFFENDER 1 0 1 0 0 1 0 1 100.0 H4106 LIQUOR - PROCURING LIQUOR FOR A MINOR 1 0 1 0 1 0 0 1 100.0 M4199 LIQUOR - OTHER 6 0 6 0 6 0 0 6 100.0 M5350 JUVENILE-RUNAWAY 2 0 2 0 0 2 0 2 100.0 ~0310 STALKING-UNK DEGREE 1 0 1 0 0 0 1 1 100.0 ~3030 DISTURB PEACE-MS-DISORDERLY CONDUCT 1 0 1 0 1 0 0 1 10l ~3060 DISTURB PEACE-MS-CONCEALING IDENTITY 1 0 1 0 1 0 0 1 100,0 ~3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 8 0 8 5 0 0 3 3 37.5 ~3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 7 0 ? 7 0 0 0 0 0.0 ~3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT 2 0 2 2 0 0 0 0 0.0 '3310 TRESPASS-MS-PRIVATE-UNK INTENT 1 1 0 0 0 0 0 0 0.0 t029 THEFT-MORE $2500-FE-FRM BUILDING-OTH PROP 1 0 1 1 0 0 0 0 0.0 C159 THEFT-501-2500-FE-MOTOR VEH-OTH PROP 2 0 2 2 0 0 0 0 0.0 F021 THEFT-201-5OO-GM-BUILDING-MONEY 1 0 1 I 0 0 0 0 0.0 F159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP 1 0 1 1 0 0 0 0 0.0 G011 THEFT-LESS 200-GM-FRM PERSON-MONEY 1 0 1 1 0 0 0 0 0.0 0029 THEFT-LESS 200-GM-BUILDING-OTH PROP 2 0 2 2 0 0 0 0 0.0 G051 THEFT-LESS 200-GM-YARDS-MONEY 1 0 1 1 0 0 0 0'* 0.~ G059 THEFT-LESS 200-GM-YARDS-OTH PROP 3 0 3 2 0 0 1 1 33.~ 3061 THEFT-LESS 200-GM-MAILS-MONEY 1 0 1 0 0 1 0 1 100.0 ~069 THEFT-lESS 200-GM-MA]LS-OTH PROP 1 0 1 1 0 0 0 0 0.0 ti ! 1, i I, U I I Run: 28-Jut-95 13:23 OFF01 MOUND POLICE DEPARTMENT Primary ISN's only: No Enfors Offense Report O~Lt_e Reported range: 06/26/93 - 0?/25/93 range each day: 00:00 - 2.]:59 OFFENSE ACTIVITY DISPOSITIONS Oispositions: Att Activity codes: Att Officers/Badges: Grids: Att Page ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- COOE DESCRIPTION PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP TG169 THEFT-LESS 200-GM-WATERCRAFT-OTH PROP U1013 THEFT-FE-BY CHECK-$501-$2500 U1033 THEFT-FE-BY CREDIT CARD-$501-$2500 U3289 THEFT-MS-SHOPLIFTING-35000-OR MORE U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS VEl11 VEH-200 OR LESS-MS-PARTS-MOTOR VEH-AUTO W3~"~" WEAPONS-MS-USES-OTHER TYPE-NO CHAR W3980 WEAPONS-MS-OTHER ACT-FIRE~4ORKS-NO CHAR Y3230 CRIM AGNST GOVN-MS-ESCAPE TAX-MTR VEH 0.0 0.0 100.0 0.0 0.0 0.0 0.0 0.0 100.0 100.0 **** Report Totats: 8 91 48 25 4 14 43 47.2 CITY of MOUND 534t MAV,',©OD ROAD MOUND. MiNLESCTA 5536:!687 t6"2 .~-2 1600 FAX~6'2 472 9620 August 5, 1993 To: From: Subject: Ed Shukl. e City Manager Greg Skinner Public Works July Activity Report Street Department We finished the sealcoating project on the 26th. Everything went good and we will begin to sweep it up starting August 16th. In between this we will be doing some hand patching potholes. We also completed all the water ,lain break repairs. Water Department Nothing new or exciting to report. Meters were repaired, tons of final reads, 'and locates. Pat worked with the street department for 2 weeks on tile sealcoating. Sewer Department We are still waiting for the new control panel for L.S. B3. This was damaged by a car in June. Damon and Scott spent most of the month jetting sewe[ lines. We had to install a manhole at 1812 shorewood lane. Seems we asset them for two sewer services when it was done in 1964 but only 1 was installed. prmted on recycled p,'~per il J, i I, ~ I I BOARD MEMBERS Dav,d H. Cochran, Chair Greenwood Tom Penn, Vice Chair Tonka Bay Douglas E Babcock. Secretary Spring Park Scott Carlson, Treasurer Minnetnsta M;ke Bloom Mmnetonka Beach Albert (Bert) Foster Deephaven James N. Grathwol Excelsior JoEIlen L Hurr Orono W,lham A. Johnstone Mmnetonka Duane Markus Wayzata George C. Owen Victoria Robert Rascop Shorewood Tom Reese Mound :~obert E. Slocum Woodland LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 · WAYZATA. MINNESOTA 55391 · TELEPHONE 612 473-7033 EUGENE R. STROMMEN EXECUTIVE DIRECTOR TO: MOUND CITY COUNCIL DATE: AUGUST 4, 1993 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: JULY REPORT - LMCD 1.0 Eur~tsion Watermilfoil Task Force, 1.1 Thru 7/28, 455 acres of milfoil have been harvested. Weed growth in South Upper Lake is reported as especially heavy. 66% of available hours have been spent actually harvesting, which reflects generally better equipment reliability this year. 2.0 Lake Management Plan 2.1 Environmental. The LMCD has retained Dick Osgood to assist in the development of an action plan to further define and accomplish the environmental tasks ouflined in the Lake Management Plan. Having had prior similar assignments with the Lake Superior Basins Studies Center, the Metropolitan Council and the Freshwater Foundation, Dick is uniquely suited for the assignment. 3.0 Other General Items 3.1 The high lake level which is causing erosion of the shore resulted in the LMCD drafting an emergency ordinance declaring large areas of the lake as minimum wake zones. This includes 22 complete bays and all other areas within 600 ft of shore. This will be in effect until the lake level drops below 929.8 ft. 3.2 The Board declined after further review, to allow the Gideons Bay homeowners' association a variance to place extra long docks out through the cat tail marsh that fronts 5 lots at the west end of the property. The developer has put maximum pressure on the Board to rescind this action, but sufficient votes to reconsider are not there. He is threatening legal action. Our counsel feels the LMCD position is sound. 3.3 Regretably, Jo Ellen Hurt has resigned from the LMCD. The irrational (I feel) behavior of some of her fellow council members has made her feel that she could not continue her previous active participation in the LMCD. 3.4 The Public Officials' boat tour of the lake is slated for 11:00AM this Saturday, August 7. It is hoped that Mound will be represented. 3.5 A new schedule of staggered director terms will be published next week. 4.0 Mound Specific Items 4.1 The Stocks have been granted a final conditional variance that will allow them (the new property owners) to place a small dock on the 20 foot strip of lakeshore that connects their parcel to the lake. A similar request from a companion parcel in the same development is anticipated. 4.2 Roney Smteville, 4878 Edgewater Drive, Mound, has been cited for having too many restricted watercraft at his location. He has been asked to bring his property into compliance. Mound Representative - LMCD cc. Gene Strommen JUL 5 0 t993 LAKE MINNETONKA CONSERVATION DISTRICT 900 E. Wayzata Blvd, Suite 160, Wayzata MN 55391 473-7033 L.M.C.D. MEETING SCHEDULE ~UGUST ~.9~3 Tuesday Saturday Monday Friday Tuesday Wednesday 3 14 16 20 24 25 Administrative Subcommittee 7:30 am, LMCD Office, Wayzata Fee Study Subcommittee 4:00 pm, location to be announced Water Structures Committee 7:30 am, #135 Norwest Bank Bldg, Wayzata Lake Use & Recreation Committee 5:30 pm, LMCD Office, Wayzata Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Bldg, Wayzata Environment Committee 8:00 am, #135 Norwest Bank Bldg, Wayzata Administrative Committee Meeting 5:30 pm, Tonka Bay City Hall LMCD Board of Directors Regular Meeting 7:30 pm, Topeka Bay City ~lall 07/29/93 JUL 5 0 §93 Sunday, 1st Sunday, 1st Tuesday, 3rd Wednesday, 4th Thursday - Sunday, 5th - 8th Thursday, 5th Saturday, 7th Saturday, 7th Saturday, 7th Sunday, 8th Sunday, 8th Tuesday, 10th Wednesday, llth Thursday, 12th Saturday, 14th Saturday, 14th Sunday, 15th Sunday, 15th Thursday, 19th Saturday, 21st Saturday, 21st LAKE MINNETONKA CONSERVATION DISTRICT SPECIAL EVENTS CALENDAR AUGUST 1993 10:00 am MYC Sailboat Races, Main 1:30 pm WYC Sailboat Races, Main 10:30 am UMYC Sailboat Race, East 6:00 pm MYC Sailboat Race, Main 6:00 pm MYC Sailboat Race, Main MYC M Inland Championship Regatta 6:15 pm WYC Sailboat Race, Main 7:00 am Mtka. Challenge 5 Mi. Swim (Excelsior to Wayzata Bay) 10:00 am WYC Sailboat Race, Wayzata Bay 2:00 pm UMYC Sailboat Race, East 10:30 am UMYC Sailboat Race, East 1:30 pm WYC Sailboat Race, Main 6:00 pm MYC Sailboat Race, Main 6:00 pm MYC Sailboat Race, Main 6:15 pm WYC Sailboat Race, Main 10:00 am MYC Sailboat Race, Main 10:00 am WYC Sailboat Races, Wayz Bay 11:00 am SYC Sailboat Races, Big Is. 2:00 pm UMYC Sailboat Race, East 10:00 am MYC Sailboat Race, Main 1:30 pm WYC Sailboat Races, Main 10:30 am UMYC Sailboat Race, West 6:15 pm WYC Sailboat Race, Wayz Bay 10:00 am WYC Sailboat Race, Main 11:00 am SYC Sailboat Races, Big Is. 2:00 pm MYC Sailboat Races, Main 2:00 pm UMYC Sailboat Race, East i! 1, ! I, I~ I ! Sunday, 22nd Sunday, 22nd 10:00 am MYC Sailboat Races, Main 11:00 am SYC Sailboat Races, Big Is. 1:30 pm WYC Sailboat Races, Main 10:30 am UMYC Sailboat Race, East Monday, 23rd Wednesday, 25th Thursday, 26th Saturday, 28th Saturday, 28th 7:00 am USMS-Minnetonka Challenge 5-Mile Swim (Excelsior to Wayzata Bay) 7:00 am Bell Industries Dealer Fishing Tournament 6:15 pm WYC Sailboat Race, Wayzata Bay 10:00 am MYC Burton Cup Sailboat Races 10:30 am WYC Burton Cup Sailboat Races 11:00 am SYC Sailboat Race, Big Island Saturday, 28th Sunday, 29th Sunday, 29th 10:30 am UMYC Sailboat Race, East 2:00 pm UMYC Sailboat Race, East 10:00 am MYC Sailboat Races, Main 1:30 pm WYC Sailboat Races, Main 10:30 am UMYC Sailboat Race, East 7/21/93 JUL $ 0 t.q93 LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Meeting Report 6:00 pm, Wednesday, June 23, 1993 Tonka Bay City Hall Present: Committee Chair Scott Carlson, Mike Bloom, Dave Cochran, Bert Foster, Jim Grathwol, JoEllen Hurr, Bill Johnstone, George Owen, Tom Penn, Bob Rascop, Tom Reese, Executive Director Gene Strommen, Admn. Technician Rachel Thibault Absent: Doug Babcock, Duane Markus, Bob Slocum MEETING REPORT REVIEW. The report was accepted as mailed. SUBCOMMITTEE REPORT. The meeting report of 6/8/93 was mailed to all board members. Five topics were assigned to the subcommittee, namely: 1. Funding 2. Budgeting 3. Long Range Plans -- Management Plan 4. Organizational Structure 5. Committee Structure ORGANIZATIONAL STRUCTURE -- Johnstone proposed that LMCD's organizational structure be approached from two levels: Changes which can be made without legislative authority; 2) Changes which might require legislative authority; Johnstone believes the subcommittee responsibility is to get ideas on the table before making recommendations. The 6/8/93 subcommittee meeting discussion started in that direction. In addition to organizational structure, the subcommittee on 6/8 (see minutes provided earlier) reviewed and offered ideas on: * Board membership * Funding (a sub-group of budgeting) * Committee organizational structure Administrative Committee member discussion: Penn -- sees the initiative to restructure the board coming from one or a few people. Foster -- points out that LMCD restructuring was a topic during the Management Plan deliberations. A proposal to reduce the board size was opposed by most cities. Cochran -- sees it appropriate to continue to examine LMCD's structure. Carlson -- believes changes in the structure should be the result of LMCD initiative. Grathwol -- advises LMCD must stay close to the cities while finding a way to structure the board with potentially fewer cities represented on it. Ii ! 1, i, I,, ti I I ADMINISTRATIVE COMMITTEE REPORT, 6/23/93, P. 2 Hurt -- envisions that a board member could represent more than one city. carlson -- points out that for LMCD to accomplish its tasks the board must have the cooperation of its member cities. Johnstone -- hears concerns from various sources that the board is too big and inefficient. Board representation through elected districts based upon population would not provide equitable city representation. He believes cities have a strong desire to preserve their interest in LMCD. Cochran -- finds some city officials supporting two or more cities jointly appointing LMCD board members to retain local-control. Carlson -- recommends an issues paper be developed to address the various options in preparation for a meeting with state legislators. Johnstone offered to draft an outline to reflect the thoughts of this discussion and previous meeting reviews. Concluding committee observation: LMCD's authority to manage the lake is largely limited to the lake's recreational aspects. Lake environment, its watershed and development around the lake are managed by the cities and other agencies. 1994 BUDGET REVIEW. The 1994 Preliminary Draft Budget was presented to the committee for consideration of an adjustment to the reserve fund taking into account an unfunded staff technician position for 1993 at $15,000 to be reallocated to 1994 funds, and allocating $10,000 from reserve funds which would reduce the municipal levy for administrative revenue to $78,500. Reserve balances were discussed. Carlson pointed out that the Administrative reserve is approximately $190,000 which represents about nine months operating funds. (Actual balance as of 12/31/92 was $197,808) Strommen reported that a sampling of cities showed that most cities try to have a six month operating reserve but it is often less than six months. Carlson added that cities have taxing authority for additional funding needs. LMCD is totally dependent on its reserves, with the balance of funding varying as to fees and other sources. Administrative cash flow needs were questioned, Strommen responding an average month ranging from $25,000 to $30,000, higher June through August during the milfoil harvest. The committee expressed concern about drawing reserves too low. A $10,000 reserve draw-down would leave barely a nine month operating reserve according to Carlson. ADMINISTRATIVE COMMITTEE, 6/23/93, P. 3 It was the committee's general concensus to support a nine month reserve at this time, and if that allowed a $10,000 reduction from current reserves that would be reasonable. ADJOURNMENT. The time expiring, the meeting was adjourned by chair Carlson at 7:25 pm. Respectfully submitted, Executive Director It I 1, I I, t I I _w~st h~nncpin humafl _saruicas west hennepin human services planning board 4100 vernon avenue south, st. louis park, minnesota 55416 920-5533 IEYD JUL P. 8 1993 DATE: July 26, 1993 TO: WHHS Board Members There is not a Board meeting in August. Out next Board meeting is Tuesday, September 7, 1993 at Eiseuhower Community Center, 1001 Highway 7, Hopkins in Room 328. For new Board members, there will be a Board orientation on Tuesday, August 24, 1993 at 7:00 p.m. See enclosed tlyer. Enclosed also is the 1992 annual report for our Emergency Services Program. GETTING STARTED An orientation for New Board Members of West Hennepin Human Services Planning Board · Tuesday, ~gust 24, 1993 · 7:00 p.m. West Hennepin Human Services office 4100 Vernon Avenue South St. Louis Park, MN 55416 (If you need directions, call the WHHS office at 921)-5533) Please R.S.V.P if you plan on attending. I~ WEST HENNEPIN HUMAN SERVICES ~~/// PlaNNING BOARD EMERGENCY SERVICES PROGRAM ~ ?-'~~ 1992 ANNUAL REPORT The West Hennepin Human Services Planning Board Emergency Services Program provides emergency food, shelter, clothing, utility assistance, transportation, and prescriptions to people who are without resources. The program is administered by West Hennepin Human Services Planning Board and the services are delivered by Interfaith Outreach, Interchurch Community Association, St. Louis Park Emergency Program and Westonka Community Action Network. The communities served by each of the providers are as follows: Interchurch Community Association: 13120 East McGinty Road Minnetonka, MN 55343 Phone: 938-0729 Interfaith Outreach & Community Partners: 110 Grand Avenue South Wayzata, MN 55391 Phone: 473-2436 Hopkins Minnetonka Excelsior Shorewood Deephaven Greenwood Woodland Long Lake Wayzata Medina Orono Southwest Plymouth Hamel Maple Plain Westonka Community Action Network: 5600 Lynwood Blvd. Mound, MN 55364 Phone: 472-0742 St. Louis Park Emergency Program: 4100 Vernon Avenue South St. Louis Park, MN 55416 Phone: 925-4899 Mound Greenfield St. Bonifacious Tonka Bay Loretto Independence Rockford Spring Park Minnetrista Maple Plain Navarre St. Louis Park The target population is people in the West Suburban area who are in an economic crisis and have emergency needs, people who have become unemployed and people on public assistance who are unable to meet their needs due to a crisis situation. West Hennepin Human Services Planning Board provides coordination, technical assistance, training, bookkeeping/record keeping and reporting of program services. The four Emergency Services agencies provide direct services to clients and have responsibility for screening, client intake, and establishing eligibility. In addition to the emergency services provided through this program, the agencies supply area food shelves and holiday baskets, do home visits, provide assistance with job related expenses, and help with a variety of other personal needs of their clients. Local battered women's shelters and police departments also provide direct assistance through the program. ACCESS/REFERRALS A person gains access by calling or going to any of the four emergency service programs. WHHS has worked with local police departments, The Energy Assistance Program, First Call for Help and other assistance programs to involve them in the referral process for emergency cases. ELIGIBILITY Eligibility is determined by the Emergency Service providers. Generally, people are eligible if they are in an economic crisis and need shelter, food, adequate clothing, transportation or prescription drugs and have no other sources (family or friends) to help them. A client may apply to use certain emergency services after a three month period elapses if they can justify their need. However, this should not be considered an ongoing program. Shelter, car repair, and utility assistance may be provided once during a calendar year. FUNDING Funding from Hennepin County and individual donations received by the four emergency service providers have been the stable and major sources allowing for the continual operation of the West Hennepin Emergency Assistance program. We also received a grant from the Federal Emergency Management Agency (FEMA) to help with mortgage payments. CLIENT DEMOGRAPHICS RACE AGE ~ttJLTS (~4~) -j SEX TOTAL NUMBER OF CLIENTS IS 3,459 SERVICES AVAILABLE The program provides temporary emergency assistance for a maximum of three days through a .... oucher system. The services are: CLOTHING: Use of currently operate~ clothes closets Vouchers to Iow cost and/or used clothing centers Vouchers to retail clothing stores only when needed items are not available at clothes closets or used clothes centers. (e.g. boots, uniforms) FOOD: - Voucher payments to restaurants - Use of currently operated food shelves - Vouchers to grocery stores if certain items are not available in a food shelf and perishable items. - Restocking of food shelves PRESCRIPTION: - Cost of one prescription fill when no other medical assistance is available. SHELTER: TRANSPORTATION: Vouchers to budget motels when no other means of shelter is available Assistance for a rental damage deposit and/or one month's rent or mortgage payment Vouchers for gasoline Cab fare Bus transportation Car repair UTILITY: Assistance to pay utility bills when no other assistance is available or provided AVERAGE GRANT SIZE: Clothing Grocery Meal Prescription Motel Rent/Deposit Gasoline Car Repair Utilities $19.99 33.51 10.27 51.94 61.36 271.22 10.21 233.55 10.03 127.85 RENT TOTAL SPENDING 1992 S~LTER ($349) FOOD ($20,759) R× ($798) TRANS UTILITIES ($14,064) CLOTFES ($20) ;ITY NUMBER OF VOUCHERS ISSUED LOCATION OF CLIENTS NUMBER OF INDIVIDUALS SERVED DOLLAR AMOUNT SPENT PERCENT OF TOTAL DOLLAR AMOUNT SPENT )EEPHAVEN :XCELSIOR ;REENWOOD [AMEL [OPKINS ,ONG LAKE ,ORETTO ~PLE PLAIN [EDICINE LAKE [INNETONKA [INNETRISTA [OUND ~RONO 'LYMOUTH ~OCKFORD iHOREWOOD .PRING PARK T BONIFACIUS T LOUIS PARK 'ONKA BAY 'AYZATA ~RANSIENT 'THER ~OTALS: 3 30 1 15 184 71 4 29 3 94 9 152 3 384 6 2 24 8 225 5 79 25 12 1,368 17 101 1 21 684 127 10 49 4 370 36 286 10 654 9 7 34 17 827 2 154 24 15 3,459 98.94 2,642.72 41.59 278.90 14,892.95 2,755.42 285.68 3,273.20 339.98 6,771.90 1,062.71 16,495.13 170.00 14,611.69 709.39 49.08 2,403.08 1,627.52 24,794.49 209.88 5,408.24 667.84 1200.74 $100,791.07 0.10% 2.62% 0.04% 0.28% 14.78% 2.73% 0.28% 3.25% 0.34% 6.72% 1.05% 16.37% 0.17% 14.50% 0.70% 0.05% 2.38% 1.61% 24.60% 0.21% 5.37% 0.66% 1.19% 100.00% III 25 2O 15 10 5 O SPENDING BY PROVIDER 1992 ICA INTERFAITH STEP WeCAN SHELTERS AGENCY WEST HENNEPIN HUMAN SERVICES PLANNING BOARD EMERGENCY SERVICES PROGRAM 4100 VERNON AVENUE SOUTH ST. LOUIS PARK, MN 55416 (612) 920-5533 FOOD TRANS. SHELTER ~'//////////~ RENT UT~UTE CLOTHES/ ti ! 1, i I, Iii I ! MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JULY 8, 1993 Present were: Commissioners Tom Casey, Shirley Andersen, Marilyn Byrnes, and Carolyn Schmidt; Council Representative, Andrea Ahrens; Parks Director, Jim Fackler; Dock Inspector, Tom McCaffrey; and Secretary, Peggy James. Absent and excused were: Steve Kirshbaum and Mo Mueller. Brian Asleson has resigned. The following were also in attendance: Gary Cable, Tom Roden, Ron Johnson, Orv Burma, Brian Johnson, Hank Roelofs, Ben Gaudette, Cliff Schmidt, and Dennis and Shirley Flack. NOMINATION FOR TEMPORARY ACTING CHAIR Tom Casey nominated Marilyn Byrnes for Acting Chair. Andrea Ahrens nominated Tom Casey for Acting Chair. Marilyn Byrnes seconded the nomination for Tom Casey. The vote was unanimous for Tom Casey to be Acting Chair. MINUTES Amendments to the minutes were presented as follows: Page 6, Celebrate Summer, should read "Barber Shop Chorus", not "Quartet", and the date should be July 18. Page 2, within the 7th paragraph, second line, "south" should be "north". 3. Page 4, Casey requested the motion be corrected as follows: "MOTION made by Casey, seconded by Schmidt to amend the plan to ~=y include language "that if possible, tax forfeited parcels be reviewed by the Park and Open Space Commission proper to the Planning Commission and City Council." Motion carried unanimously. Schmidt was in favor of the change. MOTION made by Ahrens, seconded by Byrnes to approve the Park and Open Space Commission Minutes of June 10, 1993 as amended. Motion carried unanimously. Park and Open Space Commission Minutes July 8, 1993 1994 DOCK FEES - PUBLIC HEARING. Casey stated that the Park and Open Space Commission had discussed this issue at their last meeting and a notice has been published in the paper announcing the public hearing. Casey opened the public hearing. Parks Director, Jim Fackler, reviewed the Park and Open Space Commission's recommendations, as follows: 1. The 1994 Dock License fees remain the same as 1993. e The 1994 Dock License fees for seniors remain the same as 1993. Ahrens questioned staff how much the fund balance is proposed to grow next year with these proposed fees. The answer from staff was approximately $15,000. Ahrens summarized that their is now approximately $75,000 in the fund balance which would then grow by another $15,000. Ahrens questioned why we need the fund to grow more. Fackler commented that the rationale is looking at future projects, such as maintenance dredges and riprapping, repairs to the shoreline due to this year's high water, or other special projects. Riprapping costs, types of installation, and replacement schedules were briefly reviewed. Brian Johnson, a dock holder at Avalon Park, commented that he thinks the dock fees are very reasonable for the services they get. Schmidt questioned the Dock Inspector on the state of the commons shoreline and if there are any erosion problems due to the high water. McCaffrey commented that he has seen damage to the shoreline such as debris on shore, damaged riprap, and erosion. Ahrens commented that she has received complaints regarding the condition of the road accessing Centerview Beach, the complainants were not dock site holders, and she would like to ensure that the dock funds are not paying for the riprap to repair the shoreline to maintain the road. She believes the entire City should pay for the maintenance of the road, not just the dock site holders. Ahrens would like the City to start looking at who is going to benefit from certain improvements, is it the dock site holders or the general public. She would like to see a detailed report which shows expenditures for items such as mowing and tree removal to determine if these are "dock" expenditures. Byrnes agreed with Ahrens that they find out what the general fund should be paying for and what the dock fees should be paying for. ! ! 1, I, l, I~ I I Park and Open Space Commission Minutes July 8, 1993 Schmidt recalled from the June meeting, for Ahrens benefit as she was not present, that Schmidt had seriously questioned whether the dock fees should be raised. She feels that in order to enhance areas used by current and future commons dock holders, such as the Black Lake area which is in need of a $300,000 dredge, the City needs to build the dock fund to be able to accommodate dock holders concerns and needs. Ahrens believes the expenditures need to be weighed against the benefit; is spending $300,000 on a dredge which will benefit only 6 docks a worthy expenditure? Ahrens suggested the City investigate other long term solutions such as multiple docks in areas that do not require dredging. MOTION made by Ahrens to place this issue on a future agenda for a discussion item when more of the Commissioners are present. Byrnes seconded the motion. Motion carried unanimously. Casey summarized that the Parks Commission has recommended that the dock license fees remain the same for 1994. Ahrens suggested that the fees remain the same until the Park and Open Space Commission has the opportunity to investigate the issue further. Casey suggested that staff bring to the next meeting how funds are being allocated. Ahrens suggested that the Park and Open Space Commission discuss and develop a list of items they would like staff to provide for them. Casey closed the public hearing. REQUEST FOR LIGHT AT AVALON PARK. Parks Director, Jim Fackler, informed the Commission that the City received a request for a light at Avalon Park for security and safety reasons. There are currently two parks, Centerview and Highland End, where lights have been installed at the request of the dock site holders. The cost of the existing lights and the proposed light for Avalon were reviewed. For one light divided by 5 dock holders, the cost for a light with a fiberglass pole would be $18.90 each, and for a wood pole would be $13.80 each, per year. There would be an initial cost of $500 for installation which Fackler recommended to be allocated for in the 1994 budget. Cliff Schmidt of 3001 Island View Drive is one of the dock site holders at Avalon Park, and he stated that he has discussed with the other dock site holders the need for a light for security reasons. Schmidt reviewed all the theft and vandalism problems they have had with their boats parked at their docks. Cliff Park and Open Space Commission Minutes July 8, 1993 Schmidt and Fackler reviewed the different types of lights offered. Cliff Schmidt added that Jim Ostmans who could not be present is also in favor of the light. They are looking for a light that is pleasing to the neighborhood, something that is not on all the time, and that illuminates directly at the docks. Ron Johnson lives three houses to the north of Avalon park with private lakeshore on Dorchester and he is not in favor of any type of light at the park. He does not think parks should be used for boat docks. He stated that light is not a deterrent to crime. The light would be an annoyance to him. Gary Cable resides adjacent to the park on the north side and stated he would be most affected by a light and he is very concerned. He feels any kind of a light would be a disturbance and annoyance to his privacy. Brian Johnson, a dock holder at Avalon Park talked about theft problems at the park and stated he would like the Park Commission to seriously consider a light that has some type of motion detector device and one that can be located so as not to affect the neighbors, if possible. He is in favor of a light. Orv Burma who lives at 3011 Island View Drive shares a dock at the park and he is concerned about the security and is favor of a light. He is also in favor of a light which would not negatively impact the neighbors, and the cost is not a factor. Hank Roelofs of 4414 Dorchester Road stated that he had a light at his lakeshore and he still had theft problems. He is not in favor of a light. Tom Horton lives south of the park and is not concerned with a light if it will not bother him. Ahrens questioned if there are other areas with the same scenario, a park with docks with houses on the adjacent properties? Fackler stated that Twin Park is similar, however, the light that is there was installed for the lift station. Ahrens questioned if the City should be renting docks in areas that cannot be made safe and secure without infringing on adjacent property owners? Casey commented that the people who purchase dock permits anticipate that risks would be involved with theft and vandalism and that was the "status quo" when those permits were purchased, it is unfair to shift the burden onto the adjoining property owners who purchased their property expecting no glare from a light. i! 1, ! I, ~ I ! Park and Open Space Commission Minutes July 8, 1993 Casey suggested to keep the park as it is. A balance needs to be found between safety and neighbors. Carolyn Schmidt commented that she will have to abstain from any motion on this issue because she is so closely involved. She has not been involved with any conversations between dock holders and neighbors on this issue because she sits on the Park Commission. She stated that there is a street light at Manchester and Island View Drive which she does not appreciate as it shines in her home, so she can understand the neighbors concerns. However, she feels uneasy in her home at night due to the amount of activity in the neighborhood involving racing cars, people yelling and running in the street, etc. She is in favor of a light with a motion detector to help her feel safe in her home, not to just protect their boats, it is also an illumination for the park. Byrnes feels that a light is a good deterrent for crime. Byrnes moved to recommend that the City staff investigate the possibility of some type of lighting or alarm system that will meet the needs of the dock holders and will not be offensive to the adjoining property owners. Due to lack of a second, the motion failed. Casey stated that you have to consider the anticipation of a "status quo" versus the "change" and the resulting disadvantage of the change. Casey moved to recommend that a light not be installed at Avalon Park. Due to lack of a second, the motion failed. Ahrens moved to direct staff to evaluate what other options are available to the city for lighting that would not illuminate continually and would not affect the adjoining property owners. Motion seconded by Byrnes. Casey does not believe that there is a light that could effectively illuminate the area without affecting the neighbors or boaters. He also feels that the Parks Director has better things to do at this time than investigate this light issue. Ahrens suggested that maybe staff needs to investigate whether some type of commercial sensor light could be purchased that would not go off when animals are in the area. Motion withdrawn by Ahrens. Casey concluded that the Park and Open Space Commission could not arrive at a decision. This item will be forwarded to the City Council as is. 5 Park and Open Space Commission Minutes July 8, 1993 Brian Johnson questioned if they could request the item be tabled to gather more information and discuss the issue with the Parks Director. Cliff Schmidt, the person requesting the light, asked this issue to be removed from the agenda at this time, and he will resubmit the request when more information has been gathered. Ron Johnson requested that the neighbors be notified when this issue is again on the agenda. The secretary noted that the abutting neighbors to the park were notified of this request. How far away should people be notified when there is a request for a light. Casey added the item of discussing their Guidelines for Lights as 8.B on the agenda. Ron Johnson made a closing commented that he does not feel the City of Mound is required to provide protection for people with boats, either on private or public shoreland. PARK IMPROVEMENT8 FOR 1994. Parks Director, Jim Fackler, handed out a proposed plan for playground equipment to be installed at Mound Bay Park. He explained that Mound Bay Park is a well used park and it has an old timber playground structure. He suggested that $19,600 be allocated in the 1994 budget for this proposed structure. He suggests the new structure be placed in basically the same location as the old. The need for more parking at Mound Bay Park was discussed, and it was questioned if this new structure will hinder any proposed parking lot development plan. Since nothing was in the packet for this topic it was suggested that the Commissioners tour the park to review placement of the proposed playground structure. MOTION made by Ahrens, seconded by Schmidt that the Park and Open Space Commission meet, as a group, at Mound Bay Park at 7:00 p.m. on September 9, 1993 to review the park, then resume the regular meeting a City Hall at 7:30 p.m. Motion carried unanimously. Schmidt commented that her children, ages 4 and 5, quickly lose interest of the existing playground structure and she is in favor a seeing a new structure at Mound Bay Park. Casey asked the Parks Director to bring some type of picture of the structure to the next meeting. ~ · 1, i I, ti I ! Park and Open Space Commission Minutes July 8, 1993 PARK DEDICATION FEES. Secretary, Peggy James, explained that the City Council, at their meeting on April 13, 1993, requested that the Park and Planning Commission provide input and opinions on the park dedication fee ordinance relating to minor subdivisions. She reviewed that the City Council was advised by the City Attorney, that the way the ordinance is written, for a subdivision of one lot into two, two park dedication fees must be charged, even when one of the lots remains with a house on it. The Planning Commission, at their meeting on May 10, 1993 recommended that a park dedication fee be charged only for newly created "buildable" lots. Ahrens stated, in her opinion, only one fee should be collected for each newly created lot, regardless if there is an existing house; for instance, there is one vacant lot being divided into two lots therefore only one fee should be collected, or if there is one lot being divided into three lots only two fees should be collected. Casey believes the whole idea of the park dedication requirement is to create green space for developments, either by dedicating land or a fee which can be designated to improve existing park lands. MOTION made by Ahrens to recommended that a park dedication fee be charged for only those additional lots being created, above and beyond the existing lot. For example, where one lot becomes two lots, one fee of $500 should be paid, or where one lot becomes three lots, two fees totalling $1,000 should be charged, regardless if there is an existing dwelling. The reason being that an owner of an existing lot would not be required to pay a park dedication fee to build a house if they did not subdivide their property. Motion seconded by Schmidt. Motion carried 3 to 2. Those in favor were Ahrens, Andersen and Byrnes. Casey and Andersen opposed. Casey commented that he would like the flexibility that the fee be "no less than $500". Casey referred to Subdivision 3, and commented that he would like to see this section amended for clarification. Motion made by Casey to recommend the following amended to city Code Section 330:120, Subd. 3, ". . . dedicate pursuant to Subd. 2 hereof, in accordance with the schedule to be set by resolution of the Councll which cash contribution shall be ~ the qreater of ten percent (10%) of the total fair market value of the land being divided ' ........ ~'~' '~" d'~i~-tl-- i- casL 7 Park and Open Space Commission Minutes July 8, 1993 be , or no less than $500 for each lot being created." Ahrens seconded the motion. Ahrens questioned Casey if he would consider a friendly amendment to the motion which would give the city the discretion to choose how to charge the park dedication fee, be it 10% of the value or $500 per lot. Casey did not accept the amendment. Motion failed 1 to 4. Casey was in favor. Those opposed were Ahrens, Andersen, Byrnes, and Schmidt. DISCUSS VACANCIES ON PARK COMMISSION. Casey recognized that Brian Asleson has formally resigned from the Commission. Fackler stated that he talked with Mo Mueller who stated she does not feel she would be able to return to the Park Commission until the October meeting, which is only two more meetings. The secretary stated that she talked with Steve Kirshbaum to stated he would be submitting a letter of resignation also. Byrnes suggested that the city advertise for the positions of Steve Kirshbaum and Brian Asleson. Fackler commented that the Commission could consider reducing the number of members back to seven people. The Commission's consensus was that they have a hard enough time with obtaining a quorum now that they would prefer to have nine on the Commission. The Commission agreed to have staff inform Mo Mueller that she may have her leave until the October meeting, and if she does not return in October her position would be advertised. Staff will advertise for the two openings. NATURE CONSERVATION AREAS PLAN UPDATE Casey questioned the status of the NCA plan. The secretary announced that she has yet to update the plan then it is scheduled to be reviewed by the Committee of the Whole in July. Ahrens commented that the July Committee of the Whole meeting has been cancelled. The Secretary offered to distribute a revised copy of the plan to the Park Commission. ! I 1, I I, ti I I Park and Open Space Commission Minutes July 8, 1993 ADD-ON: GUIDELINES FOR LIGHTS AND NOTIFYING THE PUBLIC Casey noted that this item was added onto the agenda to review the "Guidelines for Allowing Lights on Public Lands" as it relates to notifying the neighbors. Ahrens commented that she is uncomfortable with who is being notified and that not enough people are being notified. Casey agreed. It was questioned who should be notified and how far away do you measure. MOTION made by Byrnes, seconded by Anderson that when there is a request for a light to be installed on public land, those property owners within three parcels to the subject property shall be notified, this shall include property owners on both sides of the street. Motion carried unanlmously. City Council Representative's Report. Ahrens had no specific comments as there was no recent Council meeting. Park Director's Report. Jim Fackler commented that the weather has been causing a few problems with the parks and mowing. He also added that they were very busy in June with the special events in town, including Mound City Days, the Around Mound Run/Walk, and Duck Stamp events. Dock Inspector's Report. Tom McCaffrey stated that the weather has also been causing some problems for docks due to the high water and he has been lenient with correction notices. MOTION made by Ahrens, seconded by Schmidt to adjourn the Park and Open Space Commission Meeting at 10:34 p.m. Motion carried unanimously. 9 Mayor Jerome R Rockvam 471-9515 Councilmembers Wm. D. Weeks 471-7285 HaryAnn Thurk 471-9286 Harlyn Dill 471-8857 Mark Brenernan 471-7555 AU8 August 3, 1993 Mr. Gene Strommen, Executive Director Lake Minnetonka Conservation District 900 East Wayzata Blvd. Wayzata, MN 55391 Re' 1994 Budget Concerns Dear Gene: At their meeting on August 2, 1993 the Spring Park City Council reviewed the communications from Jim Hurm, Admin- istrator for the City'of Shorewood, as we1! as your res- ponse to his concerns on the lega! aspects of your 1994 budget. The Council did not realize that the miifoil portion of the budget was a voluntary contribution. The way in which the city's share was listed did not indicate that the city had any option, the milfoi! portion was auto- maticaIly included. Is this a fact? Does the City have an option of not contributing to the weed harvesting? If the EWM portion is an optional contribution this City Counci! would appreciate an opportunity to discuss whether or not to donate to the program. We !ook forward to your rep!y. // ~e'rome-P. R~kvam / ,' MAYOR -- cc' LMCD Cities RO. BOX 452, SPRING PARK, MINNESOTA 55384-0452. Phone: 471-9051 · Fax: 471-9055 ti · 1, I I, I~ I I LAKE MINNETONKA CONSERVATION DISTRICT In Re: Application for Variance of Thomas and Roma Stocks FINDINGS On Wednesday, May 26, 1993 at 7:00 p.m., pursuant to due notice, a public hearing was held by the Water Structures Committee of the Board of Directors of the Lake Minnetonka Conservation District at Tonka Bay City Hall in the City of Tonka Bay, Minnesota. The hearing was held to consider the application of Thomas and Roma Stocks, the owners of property located on Halsteds Bay at 3032 Highview Lane, Mound, Minnesota. The application of Mr. & Mrs. Stocks was for a variance from the setback limitations provided by the LMCD Code of Ordinances. Mr. & Mrs. Stocks appeared at the hearing on behalf of the application. The subject lot was platted on December 3, 1974. It has 20 feet of shoreline. Under the LMCD Code of Ordinances, lots platted after February 2, 1970 require a 10 foot setback from each extended lot line. Therefore, the subject property has no dock use area without a variance. The board finds that this is a hardship within the meaning of LMCD Code Section 1.07, subd. 1. In determining whether to grant a variance, the board must conclude not only that there is a hardship, but that granting the variance, along with whatever conditions are deemed necessary by the Board, will not adversely affect the purposes of the LMCD ordinances, the public health, safety, and welfare, and reasonable access to or use of the lake by the public or riparian owners. Under Section 1.07, subd. 6, the Board may only grant variances when it is demonstrated that such action is in keeping with the spirit and intent of the code. The variance requested in this case is significant. There will be many cases in which it is not appropriate to allow docks or boat storage on lots as small as 20 feet CLL55199 LKl10-4 wide. Here, however, the Board finds that there are a number of factors which tend to reduce the impact Of granting the variance request. Among these are the following: 1. Halsteds Bay is a remote bay on Lake Minnetonka which tends to reduce the impact of boat storage on the public as a whole. 2. The subject parcel is located along a concave shoreline which reduces the effect of a somewhat higher boat storage density on the public and the lake generally. 3. The parcel is on the north end of Halsteds Bay. This end of the bay is largely developed. Therefore, there is little reason to expect that future development of this area, together with the effect of this variance, will create too great a density of boat storage on this part of the lake. 4. The subject lot is adjacent to larger lots. The adjacent lots to the west and east are 79 and 160 feet in width respectively. Although there is one other 20 foot lot in the same development, the remainder of the shoreline has been developed at lot sizes which are substantially larger. 5. The District has determined that it is appropriate to grant the right to somewhat greater boat storage in the case of single family residentiai lots which are occupied by houses and where the watercraft are owned by the residents of the site. See Code Section 2.02. In this case, the site is occupied by a single family residence and the boats stored at the site will be owned by residents of the site. 6. The variance preserves a 5 foot setback on each side. There is no adjustment of extended lot Hnes and there will be no encroachment of either docks or boats across extended lot lines or into neighboring dock use areas. CLL55199 ~ LKl10-4 t · l, i I, I~ I I 7. The owners of adjacent dock use areas have stated that they have no objections to the granting of the variance as long as it does not encroach into their dock use areas. Additionally, there has been a dock and boat on this site since 1975. Neither of these facts is dispositive of the question whether to grant a variance; however, both are evidence that constructing and maintaining a dock at this site has not created any problems in the past, and therefore is not likely to do so in the future. 8. The 1973 Lake Use Study Boat Density Indexes contained in the Boat Density Policy Statement adopted by the Board on October 13, 1974 showed Halsteds Bay as one of the few bays on the lake not considered to be in critical or potentially critical condition with respect to boat density. It was one of the least crowded bays in terms of boats stored per water acre and boats stored per mile of shoreline. Therefore, granting the requested variance will not be contributing to substantial overcrowding. 9. The restrictions imposed by the following order will help substantially to reduce any potential adverse impacts. The dock allowed will be small, and no canopy will be allowed. Additionally, the owner will be limited to storage of one watercraft of moderate size at the dock. On the basis of the foregoing, the Board concludes that there is a hardship and that granting the variance requested will not have an adverse impact on the purposes of the LMCD Code of Ordinances, the public health safety and welfare, or reasonable access to or use of the lake by the public or by other riparian owners. The Board further finds that granting the variance is in keeping with the spirit and intent of the code. CLL55199 LKl10-4 ORDER On the basis of the foregoing, it is ordered that the variance requested be granted subject to the following conditions and limitations. 1. The dock constructed at the site may be no more than 40 feet in length, and must be a single straight dock with no "L", "T", etc. The dock may be no more than 3 feet in width. 2. Only one boat or watercraft may be stored at the dock, watercraft may not have a beam of more than 7 feet. and such 3. No canopy may be constructed in conjunction with the dock. 4. The dock and boat storage shall be so constructed, located, and maintained that a § foot setback shall be maintained on each side of the subject parcel. The variance provided for herein shall grant no vested rights to the use of Lake Minnetonka. Such use shall at all times remain subject to regulation by the District to'assure the public of reasonable and equitable access to the lake. By order of the Board of Directors of the Lake Minnetonka Conservation District this ~ day of ~' ., 1993. G~n~Strommen ./~ .... CLL55199 LKl10-4