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1993-12-14CITY 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, DECEMBER 14, 1993 CITY COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE NOVEMBER 23, 1993, REGULAR MEETING. PG. 4048-4053 PUBLIC HEARING: ~ CONSIDERATION OF THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A "COMMERCIAL PARKING LOT (NOT AFFILIATED WITH THE PRINCIPAL USE)" IN THE B-2 ZONING DISTRICT AT 4451 WILSHIRE BLVD. (OLD DONNIE'S) PG. 4054-4081B ~ STEVE SUNNARBORG, 4924 EDGEWATER DRIVE, LOT 15, SKARP & LINDQUIST'S RAVENSWOOD, PID #13-117- 24 41 0013. VARIANCE FOR ADDITION. PG. 4082-4096 ~ STEVE HOMOLA, 2420 WESTEDGE BLVD., SECTION 23, PID # VARIANCE FOR GARAGE ADDITION. PG. 4097-4110 6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. APPROVAL OF AN ORDINANCE AMENDING SECTIONS 437:00, SUBD. 5; 437:10, SUBD. 1, c.; 437:10, SUBD. 11; AND 437:15; RELATING TO DOCK LICENSES. PG. 4111-4112 REQUEST FOR CONSTRUCTION ON PUBLIC LANDS PERMIT, LYN HEXUM, 1543 BLUEBIRD LANE, FOR STAIRWAY ON WAURIKA COMMONS, DOCK SITE g01560. PG. 4113-4128 RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR VFW POST #5113, 2544 COMMERCE BLVD. FOR LAWFUL GAMBLING. PG. 4129-4131 10. RESOLUTION DESIGNATING THE CITY OF MOUND AS THE LOCAL GOVERNMENT UNIT (LGU) REGULATING THE WETLAND CONSERVATION ACT OF 1991. PG. 4132 4046 11. 12. 13. 14. 15. 16. APPLICATION FOR LIVE MUSIC CONCERT PERMIT AT MOUND BAY PARK DEPOT FOR 1994 FOR THOMAS P. JOHNSTON ON BEHALF OF MOUND ASSEMBLY OF GOD CHURCH (REQUEST INCLUDES WAIVING OF FEE). PG. 4133-4135 SET PUBLIC HEARING: TO CONSIDER THE VACATION OF A DRAINAGE EASEMENT LOCATED AT 2563 LOST LAKE ROAD, LOT 18, BLOCK 1, LOST LAKE ADDITION. (SUGGESTED DATE: JANUARY 11, 1994) PG. 4136 SET BID OPENING DATE FOR WATER METER READER EQUIPMENT. (SUGGESTED DATE: JANUARY 5, 1994, 11:00 A.M.) PG. 4137 RESOLUTION APPROVING THE 1994 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $2,366,950; SETTING THE FINAL LEVY AT $1,783,620; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $494,800, RESULTING IN A FINAL CERTIFIED LEVY OF $1,288,820 AND APPROVING THE FINAL OVERALL BUDGET FOR 1994. PG. 4138-4140 PAYMENT OF BILLS. PG. 4141-4159 INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for November 1993. PG. 4160-4186 LMCD Representative's Monthly Report for November 1993. PG. 4187 C. LMCD Mailings. PG. 4188-4224 D. Planning Commission Minutes of November 22, 1993. PG. 4225-4236 Letter from Representative, Tim Penny, RE: unfunded Mandates. PG. 4237 Notice from Hennepin County on a Public Hearing on an amended Hennepin County Solid Waste Source Separation Ordinance (Ordinance//13). Public Hearing is scheduled for December 14th at 11 A.M. PG. 4138-4247 REMINDER: Annual Christmas Party, Friday, December 17, 1993, American Legion, Mound. Please RSVP to Linda IMMEDIATELY! 4047 gJ REMINDER. City Offices will be closed the afternoon of December 23 and all day December 24 for the Christmas holiday. Offices will also be closed the afternoon of December 31 and all day December 30 for the New Year's holiday. REMINDER. No Committee of the Whole Meeting on December 21 and no Regular Meeting on December 28, 1993. Notice RE: National League of Cities (NLC) Annual Congressional City Conference scheduled for March 12-15, 1994, Washington, D.C. If you are interested in attending, please let Fran know. Park & Open Space Commission Minutes of December 2, 1993. PG. 4248-4251 4048 Mound City Council Minutes November 23, 1993 MINUTES - MOUND CITY COUNCIL - NOVEMBER 23, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 23, 1993, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shulde, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, Park Director Jim Fackler and the following interested citizens: Mr. & Mrs. Henry Sandoval, Bruce Larson, Julie Eckstrom, Wesley Oak, Buchi Njaka, Ifeoma Njaka and Ben Gaudette. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES_ MOTION made by Smith, seconded by Jensen to approve the Minutes of the November 9, 1993, Regular Meeting, and the November 16, 1993, Committee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 ~ASE//93-053: STEVE SUNNARBQRG. 4924 EDGEWATER DRIVE, LOT 15, ~;KARP & LINDOUIST'S RAVENSWOOD, PID #13-117-24 41 0013, VARIANCE FOR ADDITION. The Building Official explained that the applicant has withdrawn this request because they are revising their request and bringing it back to the Planning Commission in the near future. 1.2 (~ASE g93-056; WESLEY & DAWN OAK, 2174 NOBLE LANE, LOTS 10, 11, 16, 1~7, & 18, BLOCK 3, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID #13-117-24 31 0017. VARIANCE FOR ADDITION_ The Building Official explained the request. The Planning Commission recommended approval. Ahrens moved and Jessen seconded RESOLUTION ~93-153 the following resolution: RESOLUTION TO RECOGNIZE AN SIDE YARD APPROVE A VARIANCE TO EXISTING NONCONFORMING SETBACK TO ALLOW CONSTRUCTION OF AN ADDITION AT 2175 NOBLE LANE, IN LOTS 10, 11, 16, 17 & 18, BLOCK 3, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID #13-117-24 31 0017, P & Z CASE g93-056 Mound City Council Minutes November 23, 1993 Buchi Njaka & Ifeoma Njaka questioned whether surveys would be altered with the approval of this variance. The Council stated no. The vote was unanimously in favor. Motion carried. 1.3 REVIEW OF 1994 DOCK FORMS AND DOCK LOCATION MAP; _* ORDINANCE CHANGES TO CITY CODE SECTION 437 - LICENSES _* DOCK APPLICATION FORMS & INFORMATION SHEETS *_ DOCK LOCATION MAP DOCK The Park Director reviewed the proposed ordinance amendments. The City Attorney stated that these changes need to be put in ordinance form and be brought back to the Council for their final approval. MOTION made by Smith, seconded by Jensen to direct staff to prepare the ordinance amendments to Section 437 in ordinance form. The vote was unanimously in favor. Motion carried. 1.4 The Park Director stated there are no specific changes to the dock forms, except those prompted by the ordinance changes and date changes. The following are the proposed changes on the Dock Location Map: Change description of "Shoreline Classifications" to read "Shoreline Types', and change "Class" to "Type". b. Change "Waterside Lane" to "Waterside Common". MOTION made by Smith, seconded by Jessen to approve the Dock Forms and the Dock Location Map as recommended by the Park & Open Space Commission. The vote was unanimously in favor. Motion carried. 1.5 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Mike Mueller, 5910 Ridgewood Road, representing the owners of vacant property whose address is 6385 Bartlett Blvd., was present objecting to the suspension of their minor subdivision request that the Planning Commission and Staff recommended approval of and should have been presented at this Council Meeting. The action was suspended because it was felt that a major subdivision request should be submitted with the applicants determining how much storm sewer water runoff there is on this property and how they are going to handle it. Mr. Mueller stated that there is no easement for the drainage culvert that is on this property. He is asking that the City provide the drainage information. After discussion the Council asked Staff to research the background on this property and determine how much water drains on this lot and how it could be diverted. No further action was taken. Mound city Council Minutes November 23, 1993 1.6 RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE: _"CELEBRATE SUMMER" The City Manager explained that the Park & Open Space Commission is recommending that Marilyn Byrnes and Carolyn Schmidt be designated as the City of Mound liaisons to the Celebrate Summer task force. They would continue to be in charge of the special programs that are presented to the public in the parks. The Council complimented them on their past programs. MOTION made by Smith seconded by Jessen to concur with the Park & Open Space Commission recommendation that Marilyn Byrnes and Carolyn Sehmidt be designated as the City of Mound liaisons to the Celebrate Summer task force. The vote was unanimously in favor. Motion carried. 1.7 RESOLUTION SUPPORTING AN APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY (MHFA) ON BEHALF OF COMMUNITY BUILDERS - LEASE TO PURCHASE PROGRAM The City Manager explained that Community Builders is a 501 (c) (3) housing corporation established to increase the supply of long term affordable housing for low and moderate income families in this area. They are affiliated with West Hennepin Human Services Planning Board. They are asking the City to support their application for funds from the Minnesota Housing Finance Agency to implement a Lease to Purchase program for low and moderate income families in the City of Mound. Smith moved and Jensen seconded the following resolution: RESOLUTION g93-154 RESOLUTION SUPPORTING AN APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY (MHFA) ON BEHALF OF COMMUNITY BUILDERS - LEASE TO PURCHASE PROGRAM The vote was unanimously in favor. Motion carried. 1.8 pAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $362,716.81, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFQ~TION~SCELLA~U$ A. Financial Report for October 1993 as prepared by Gino Businaro, Finance Director. Mound City Council Minutes B. Ce Ke Le Oe November 23, 1993 LMCD Mailings. Letter from Mike J. Degen, Director of Operations, Toro Company RE: progress of Toro and complimenting the City government and community for the support provided to Toro over the years. List of Member-At-Large Appointments to various agencies, commissions, and boards of Hennepin County. Park & Open Space Minutes of November 4, 1993. Planning Commission Minutes of November 8, 1993. Letter of commendation written to Officer Todd Truax from Police Chief Len Harrell. Letter from Senator Dave Durenberger regarding our letter on unfunded federal mandates. Notice from Minnesgaso RE: proposed rate increase. REMINDER; Annual Christmas Party, Friday, December 17, 1993, American Legion, Mound. Please RSVP to Linda by Friday, December 10, 1993. REMINDER; City offices will be closed Thursday and Friday, November 25th and 26 in observance of Thanksgiving. REMINDER: Budget Hearing, Thursday, December 9, 1993, 7:30 P.M., City Hall. REMINDER; No Council meeting on December 28, 1993, and no Committee of the Whole Meeting on December 21, 1993. Information from the Legislative Policy Conference on the Open Meeting Law and Growth Management Issues. This material was presented by Joel Jamnik, LMC Legislative Counsel and Mark Anfinson, Counsel to Minnesota Newspaper Association and Senator John Hottinger, Mankato area respectively at the conference. Also distributed at the conference was information from the League of Women Voters - Minnesota term limits. Economic Development Commission Minutes - November 18, 1993. Letter from Representative Jim Ramstad regarding our letter on unfunded federal mandates. m m,,, m~ ,,& Mound City Council Minutes November 23, 1993 MOTION made by Jensen, seconded by Ahrens to adjourn at 9:00 P.M. The vote was unanimously in favor. Motion carried. Edward 3. Shukle, Jr., City Manager Attest: City Clerk PROPOSED RESOLUTION #93- RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR A "COMMERCIAL PARKING LOT (NOT AFFILIATED WITH THE PRINCIPAL USE)" ~T 4451 NILSHIRE BLVD. (OLD DONNIE'S) LOTS 3 TO 18 INCLUDING VACATED ROAD, BLOCK S~ AVALON, PID #19-117-23 31 0021 P&Z CASE #93-057 WHEREAS, the owner, Ralph C. Turnquist, has applied for a Conditional Use Permit for a "Commercial Parking Lot (not affiliated with the principal use)" as required by the Mound Zoning Ordinance for properties located in the B-~eneral Business District, and _ y~ ~ WHEREAS, there is a Par~in~ Stall ~ase Agreement between "Lakewind Sport and~and "Tu~-~R~~operties'' which states, in part, t e~leas~hal~ run ~th to mont]T~th a 30 day notice to terminat~.~~~Jpark~ng s~a~l~ per month shall be leased. Mo~les, Dca"cs and boat_9_~ailers, are referenced as "vehicles" that will De parked on the lot. It appears the entire parking lot is intended to be used for available parking. Vehicle maintenance and tailgating are prohibited and the lease further states if the police receive reports of disturbances or any behavior constituting a public nuisance the lessor may terminate immediately without prior notice, and WHEREAS, this is an after-the-fact application; on October 1, 1993 fifteen spaces were leased, and WHEREAS, it is stated in the application that this is proposed to be an interim short-term solution to a long-standing parking problem at Lakewinds. The parking lot location is at the rear of the old Donnie's Restaurant, and WHEREAS, there is concern about this parking lot becoming an open boat storage area WHEREAS, there appears to be a legitimate need for additional car parking for Lakewinds. This approach is convenient and assists in their immediate need while they seek a long term solution to their parking problems, and WHEREAS, Lakewinds needs more parking spaces, they have 191 condominium units with only 266 parking spaces, and they have received complaints from the fire department as they are concerned about the parking arrangements at Lakewinds. They have spent a lot of time and effort investigating parking alternatives, including, parking space elevators, parking ramps, and purchasing adjacent property. This proposal is a temporary solution, and Proposed Resolution :r Page 2 December 14, 1993 Case ~93-057 / WHEREAS, the Planning Commisslo~h(as/~rev~ewe~request and recommended approval with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a Conditional Use Permit for a "Commercial Parking Lot (not affiliated with the use)" at 4451 Wilshire Blvd., upon the following: Parking be limited to automobiles, passenger vehicles and trucks not more than a one ton capacity. Specifically, no boat, boat trailer, or motorcycle parking is allowed. B. All vehicles must be currently licensed and in operable condition ' non-related activities shall be C. All other prohibited. Specifically, the premises shall not be used for the repair or maintenance of such vehicles. No activity commonly referred to tailgating shall be permitted, nor shall there be any unnecessary noise after the hour of 9:00 p.m. D. If it is determined that a public nuisance exists, the City may terminate this Conditional Use Permit upon written notice. E. City Council may at any time during the term of the Conditional Use Permit determine that a landscape plan must be submitted and installed to create a buffer between this and the adjacent residential zones. F. Annual review of the Conditional Use Permit be required by the City Council at a Public Hearing. 2. /~his Conditional Use Permit is granted for the following legally described property: ~ Lots 3 to 18 inclusive, also including ~ adjacent 1/2 of vacated road except well site ~ and road, Block 8, Avalon. PIP $19-117-23 31 Proposed Resolution December 14, 1993 Case 293-057 Page 3 This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. Mound City Council Minutes November 23, 1993 MOTION made by Jensen, seconded by Ahrens to adjourn at 9:00 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, .Ir., City Manager Attest: City Clerk PROPOSED RESOLUTION RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR A "COMMERCIAL PARKING LOT (NOT AFFILIATED WITH THE PRINCIPAL AT 4451 NILSHIRE BLVD. (OLD DONNIE'S) LOTS 3 TO 18 INCLUDING VACATED ROAD, BLOCK 8, AVALON, PID #19-117-Z3 31 00Zl P&Z CASE #93-057 WHEREAS, the owner, Ralph C. Turnquist, has applied for a Conditional Use Permit for a ,,Commercial Parking Lot (not affiliated with the principal use)" as required by the Mound Zoning Ordinance for properties located in the B-2 General Business District, and WHEREAS, there is a Parking Stall Lease Agreement between ,,Lakewind Sport and Yacht Assn." and ,,Turnquist Properties" which states, in part, the lease shall run month to month with a 30 day notice to terminate. Not less than 15 parking stalls per month shall be leased. Motor vehicles, boats and boat trailers, are referenced as ,'vehicles" that will be parked on the lot. It appears the entire parking lot is intended to be used for available parking. Vehicle maintenance and tailgating are prohibited and the lease further states if the police receive reports of disturbances or any behavior constituting a public nuisance the lessor may terminate immediately without prior notice, and WHEREAS, this is an after-the-fact application; on October 1, 1993 fifteen spaces were leased, and WHEREAS, it is stated in the application that this is proposed to be an interim short-term solution to a long-standing parking problem at Lakewinds. The parking lot location is at the rear of the old Donnie's Restaurant, and WHEREAS, there is concern about this parking lot becoming an open boat storage area WHEREAS, there appears to be a legitimate need for additional car parking for Lakewinds. This approach is convenient and assists in their immediate need while they seek a long term solution to their parking problems, and WHEREAS, Lakewinds needs more parking spaces, they have 191 condominium units with only 266 parking spaces, and they have received complaints from the fire department as they are concerned about the parking arrangements at Lakewinds. They have spent a lot of time and effort investigating parking alternatives, including, parking space elevators, parking ramps, and purchasing adjacent property. This proposal is a temporary solution, and Proposed Resolution December 14, 1993 Case 293-057 Page 2 WHEREAS, the Planning Commission has reviewed the request and recommended approval with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a Conditional Use Permit for a "Commercial Parking Lot (not affiliated with the principal use),, at 4451 Wilshire Blvd., upon the following: A. Parking be limited to automobiles, passenger vehicles and trucks not more than a one ton ~ nr~ capacity. Specifically, no boat, boat trailer, or motorcycle parking is allowed. B. All vehicles must be currently licensed and in operable condition. Ce Ail other non-related activities shall be prohibited. Specifically, the premises shall not be used for the repair or maintenance of such vehicles. No activity commonly referred to tailgating shall be permitted, nor shall there be any unnecessary noise after the hour of 9:00 p.m. De Ee If it is determined that a public nuisance exists, the City may terminate this Conditional Use Permit upon written notice. City Council may at any time during the term of the Conditional Use Permit determine that a landscape plan must be submitted and installed to create a buffer between this and the adjacent residential zones. Fo Annual review of the Conditional Use Permit be required by the City Council at a Public Hearing. This Conditional Use Permit is granted for the following legally described property: Lots 3 to 18 inclusive, also including adjacent 1/2 of vacated road except well site and road, Block 8, Avalon. PID $19-117-23 31 0021. Proposed Resolut£on December 14, 1993 Case $93-057 Page 3 This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. ,! J, · I,,, · % · CITY of NIOUND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 93-057 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDZTION~%L USE PERMIT TO ALLOW A ,,COMMERCIAL PARKING LOT (NOT AFFILIATED WITH THE PRINCIPAL USE)" IN THE B-Z ZONING DISTRICT AT 4451 WILSHIRE BLVD. (OLD DONNIES) NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, December 14, 1993 to consider a request by Ralph Turnquist for a Conditional Use Permit to allow a ,,Commercial Parking Lot (not affiliated with the principal use)" in the B-2 Zoning District at 4451 Wilshire Blvd., legally described as follows: LOTS 3 TO 18 INCL ALSO INCL ADJ 1/2 OF VAC RD EX WELL SITE AND ROAD, BLOCK 8, AVALON. PID $19-117-23 31 0021. The parking lot is proposed to be used as overflow parking for Lakewinds Condominiums. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. ~r~h~-ene-C. Clark, City Clerk Mailed to property owners within 350' by November 29, 1993. November 29, 1993. ~ Dr,'~t. ed o- .ecvc'gd ;3cer Published in the Laker on MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER $, 1993 CASE//93-057: RALPH C. TURNQUIST, 4451 WILSHIRE BLVD., LOTS ;3 TO 18 INCL. VACATED ROAD, BLOCK 8, AVALON, PID #19-117-23 31 0021. CONDITIONAL USE PERMIT FOR COMMERCIAL PARKING LOT .- PUBLIC HEARING. City Planner, Mark Kocgler, reviewed the Building Officials report. The applicant is seeking an after-the-fact Conditional Use Permit (CUP) to operate a "Commercial Parking Lot (not affiliated with the principal use)". It is stated in the application that this is proposed to be an interim short-term solution to a long- standing parking problem at Lakewinds. The parking lot location is at the rear of the old Donnies restaurant. The parking stall lease agreement between "Lakewind Sport and Yacht Assn." and "Tumquist Properties" states, in part, the lease shall run month to month with a 30 day notice to terminate. Not less than 15 parking stalls per month shall be leased. Motor vehicles, boats and boat trailers, are referenced as "vehicles" that will be parked on the lot. It appears the entire parking lot is intended to be used for available parking. On October 1, 1993 fifteen spaces were leased. Vehicle maintenance and tailgating are prohibited and the lease further states if the police PAGE 1 OF 6 CASE ~93-057: TURNQUIST, CUP FOR COMMERCIAL PARKING LOT Planning Commission Minutes November 8, 1993 receive reports of disturbances or any behavior constituting a public nuisance the lessor may terminate immediately without prior notice. The lessor and owner has submitted an appendix to the CUP application that details Lakewind's need for parking. Lakewinds representative, Garsten Management, is willing to respond to any fence or buffer the City may require as a condition. At the time this report was written, an adequate site plan had not been provided, but should be provided in time for the Planning Commission meeting. The main issue of concern in this case is the request to allow what is potentially an open boat storage area adjacent to a residential zone. There appears to be a legitimate need for additional car parking for Lakewinds. This approach is convenient and assists in their immediate need while they seek a long term solution to their parking problems. Staff recommended the Planning Commission recommend approval of a Conditional Use Permit to operate a "Commercial Parking Lot (not affiliated with the principal use)' under the following conditions: Parking be limited to automobiles, passenger vehicles and trucks not more than a one ton capacity. Specifically, no boat, boat trailer, or motor cycle parking is allowed. 2. All vehicles must be currently licensed and in operable condition. All other non-related activities shall be prohibited. Specifically, the premises shall not be used for the repair or maintenance of such vehicles. No activity commonly referred to tailgating shall be permitted, nor shall there be any unnecessary noise after the hour of 9:00 p.m. If the police receive reports of disturbances, noisy or unruly behavior or any behavior constituting a public nuisance, the City may terminate this Conditional Use Permit upon written notice. PAGE 2 OF 6 CASE #93-057: TURNQUIST, CUP FOR COMMERCIAL PARKING LOT Planning Commission Minutes November 8, 1993 :5. City staff may at any time during the term of the Conditional Use Permit determine that a landscape plan must be submitted and installed to create a buffer between this and the adjacent residential zones. It was questioned why staff specifically eliminated the parking of motorcycles and it was noted that is what the lease states. It was debated whether boats and trailers should be allowed to be parked on the property.. It was noted that Mound is a lake community and Lakewinds has dockage. The fact that this lot is to be used for overflow parking for vehicles was discussed, this is not to be a storage lot for boats, but used for needed overflow parking of vehicles. Mike Koch with Garsten Management stated that it is okay if boats and trailers are not allowed. Item number 4. in staff's report was discussed and it was noted that this could be reworded. The need for a buffer between the adjacent residential property was discussed. A letter received from Richard and Lynn Young was reviewed and discussed. The appearance of the site was discussed. It was noted that too much screening/ fencing may look worse, and it makes it difficult for the police to monitor the area, it could also become an attractive place for the youth to hang out. The Commission referred to Zoning Ordinance Section 350:720 relating to screening and buffering and questioned if screening is required between this property and the adjacent residential property. Chair Meyer opened the public hearing. Mike Koch from Garsten Management expressed the need for the extra parking spaces, he stated that they have 191 condominium units with only 266 parking spaces. He has received complaints from the fire department as they are concerned about the parking arrangements at Lakewinds. They have spent a lot of time and effort investigating parking alternatives, including, parking space elevators, parking ramps, and purchasing adjacent property. This proposal is a temporary solution and they would appreciate the support of the Planning PAGE 3 OF 6 CASE #93-057: TURNQ/JIST, CUP FOR COHHERCIAL PARKING LOT Planning Commission Minutes November 8, 1993 Commission and Council. Mr. Allen Held, son-ln-law of Ralph Turnquist, stated that they are in support of the application. Chair Meyer closed the public hearing. It was suggested that the vehicles being parked in the lot be only actively used vehicles. Voss suggested a 72 hour limit for parked cars. It was noted that this would be difficult to enforce. Mueller noted that he is in favor of allowing seasonal boat and trailer parking due to the fact that this is a boating community and Lakewinds has docks. It was questioned if snowmobiles and trailers should also be allowed? How far do you go? MOTION made by Mueller, seconded by Clapsaddle to recommend approval of the Conditional Use Permit to operate a "Commercial Parking Lot (not affiliated with the principal use)" under the following conditions: Parking be limited to vehicles not more than a one ton capacity and that boat, boat trailers, and motorcycle parking shall be allowed seasonally from April 1 through October 31. All vehicles must be currently licensed and in operable condition. All other non-related activities shall be prohibited. Specifically, the premises shall not be used for the repair or maintenance of such vehicles. No activity commonly referred to tailgating shall be permitted, nor shall there be any unnecessary noise after the hour of 9:00 p.m. PAGE 4 OF 6 CASE #93-057: TURNQUIST, Planning Commission Minutes CUP FOR COMMERCIAL PARKING LOT November $, 1993 4. If it is determined that a public nuisance exists, the City may terminate this Conditional Use Permit upon written notice. 5. City staff may at any time during the term of the Conditional Use Permit determine that a landscape plan must be submitted and installed to create a buffer between this and the adjacent residential zones. There was further discussion relating to boat and boat trailer parking screening. ~lensen moved to amend the motion to add an item I/6 to the motion to require buffering per City Code Section 350:720. Due to lack of a second, the motion to amend the motion failed. MOTION failed 1 to 7. Mueller was in favor. Tho_se opposed. were: Meyer, Clapsaddle, Johnson, Jensen, Voss, Hanus, anti Michael. MOTION made by Clapsaddle, seconded by Jensen, to recommend approval as recommended by staff with the conditions amended to read as follows: Parking be limited to automobiles, passenger vehic, les and .trucks not more than a. one ton capacaty. Specifically, no boat, boat trader, or motorcycle parking is allowed. All vehicles must be currently licensed and in operable condition. and PAGE 5 OF 6 CASE ~93-057: TURNQUIST, CUP FOR COMMERCIAL PARKING LOT Planning Commission Minutes November 8, 1993 ® All other non-related activities shall be prohibited. Specifically, the premises shall not be used for the repair or maintenance of such vehicles. No activity commonly referred to tailgating shall be permitted, nor shall there be any unnecessary noise after the hour of 9:00 p.m. If it is determined that a public nuisance exists, the City may terminate this Conditional Use Permit upon written notice. City Council may at any time during the term of the Conditional Use Permit determine that a landscape plan must be submitted and installed to create a buffer between this and the adjacent residential zones. ® Annual review of the Conditional Use Permit be required by the City Council at a Public Hearing. MOTION carried 6 to 2. Those in favor were: Meyer, Clapsaddle, Jensen, Voss, Hanus, and Michael. Mueller and Johnson were opposed. Mueller is in favor of allowing boats. Johnson commented that he would have liked to have seen condition//5 amended to require a landscape plan be submitted and that buffering be required. This request will be heard by the City Council on December 14, 1993. PAGE 6 OF 6 CITY of MOUND STAFF REPORT 53-:' M-*-.'/GCC -~OAD FAX i'2,4723620 DATE: TO: FROM: Planning Commission Agenda of November 8, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~S~ SUBJECT: Conditional Use Permit (CUP) APPLICANT: Ralph C. Turnquist CASE NO. LOCATION: 93-057 4451 Wilshire Blvd., Lots 3 to 18 including vacated road, Block 8, Avalon, PID //19-117-23 31 0021 ZONING: B-2 General Business District BACKGROUND The applicant is seeking an after-the-fact Conditional Use Permit (CUP) to operate a "Commercial Parking Lot (not affiliated with the principal use)". It is stated in the application that this is proposed to be an interim short-term solution to a long-standing parking problem at Lakewinds. The parking lot location is at the rear of the old Dormies restaurant. The parking stall lease agreement between "Lakewind Sport and Yacht Assn." and "Turnquist Properties" states, in part, the lease shall run month to month with a 30 day notice to terminate. Not less than 15 parking stalls per month shall be leased. Motor vehicles, boats and boat trailers, are referenced as "vehicles" that will be parked on the lot. It appears the entire parking lot is intended to be used for available parking. On October 1, 1993 fifteen spaces were leased. Vehicle maintenance and tailgating are prohibited and the lease further states if the police receive reports of disturbances or any behavior constituting a public nuisance the lessor may terminate immediately without prior notice. The lessor and owner has submitted an appendix to the CUP application that details Lakewind's need for parking. Lakewinds representative, Garsten Management, is willing (D Staff Report November 8, 1993 4451 Wilshire Blvd. Page 2 to respond to any fence or buffer the City may require as a condition. At the time this report was written, an adequate site plan had not been provided, but should be provided in time for the Planning Commission meeting. COMMENTS The main issue of concern in this case is the request to allow what is potentially an open boat storage area adjacent to a residential zone. There appears to be a legitimate need for additional car parking for Lakewinds. This approach is convenient and assists in their immediate need while they seek a long term solution to their parking problems. RECOMMENDATION Staff recommends the Planning Commission recommend approval of a Conditional Use Permit to operate a "Commercial Parking Lot (not affiliated with the principal use)" under the following conditions: Parking be limited to automobiles, passenger vehicles and trucks not more than a one ton capacity. Specifically, no boat, boat trailer, or motor cycle parking is allowed. 2. All vehicles must be currently licensed and in operable condition. e All other nonrelated activities shall be prohibited. Specifically, the premises shall not be used for the repair or maintenance of such vehicles. No activity commonly referred to tailgating shall be permitted, nor shall there be any unnecessary noise after the hour of 9:00 p.m. If the police receive reports of disturbances, noisy or unruly behavior or any behavior constituting a public nuisance, the City may terminate this Conditional Use Permit upon written notice. e City staff may at any time during the term of the Conditional Use Permit determine that a landscape plan must be submitted and installed to create a buffer between this and the adjacent residential zones. JS:pj Note: The abutting neighbors have been notified of this request. on December 14, 1993. This case will be heard by the City Council 4527 Wilshire Boulevard Mound, Minnesota 55364 October 28, 1993 Planning Commission City of Mound 5341Maywood Road Mound, MN 55364 NOV 4 993, Dear Commissioners~ We have received notice of an application by Ralph Turnquist for a Conditional Use Permit to allow a ..Commercial Parking Lot (not affiliated with the principal use)" in the B-2 zoning District at 4451 Wilshire Boulevard. We do not totally oppose such use. However, if the application is approved, we would ask that some conditions be attached. First, the entire property should be fenced with a solid fence which does not allow an , even very narrow or angular, view of the property, or contents. ~is fence should be high enough to shield from view most, if not all, of the vehicles or material on the property, yet not be so high as to be hideous in itself. It must be completely solid, such things as a chain link fence with, so called, privacy strips, do not meet this requirement and are very hard to maintain in a presentable appearance. Which brings up the second condition we would recommend. Any fence so installed must be maintained to its original condition. No signs or graffiti should be allowed to be put on the fence. No deterioration or degradation of the fence, to allow it to become an "eyesore" to the neighborhood, should be allowed. Lastly, any lighting of the area should be subdued and directed inward from the perimeter so as not disturb or detract from the comfort of the residents in the area. Having been a resident/owner of a condominium, we are aware of the parking problems usually associated with such developments. We also know that any off-site parking is often used for storage of non-operating vehicles, recreational vehicles, boats, etc. They often do not move for extended periods of time, even if they are capable of such movement. They do constitute an "eyesore". It can take on the appearance of a Junk yard, particularly when covered with snow and it is apparent they are not being used, but rather stored. If these conditions can not be applied and enforced, now and in the future, we are vehemently opposed to the request. We are also concerned with the current apparent use of the property as a boat and boat trailer storage area and wonder if this is a currently approved use of th Pr~9~e~ Richar Lynn Young City of Hound $34X Ha~ood Road; Hound, MN 55364 Phon®I 472-0600, Fax~ 4?2-0620 Conditional Use ~e~n£t tee: ~00.00 Zoning Sheet Completed: Please type or print the following Anformatlont LKC~ DESCRIPTION OF S~BJE~ Adder ~ofl ~PID No. Nm of Pro~eed Uoo ag Listed ~n ~ Zoning Ord~nanco~ ~FFECTS OF THE PRO~ED USE~ L~o~ ~pact~ the pro~sed uoe rill have on pro~r~ ~n the vic~flLt~, ~nclud~flg, but not l~lt~ to traffic, noise, light, o~ke/odoF, parking, and describe the steps taken to m~t~gate or eliminate the ~pactl. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Develol~en~ Cost of the Project: R~SIDENTIAL DEVELOPHENTS ONLYs Nm~b~r of Structures: Nuraber of D~elling Units Per Structure: LOt Area Per Dwelling Unit: sq. ft. Total Lot Area: sq. ft. zoning procedure for t~is propert¥~ ~ ) yes, (~no. If Ies, list date(s) of application, action taken, resolution number(s) and provide copies of resolutioms. Data Data ~OLI / / / / / ~, // / 11:42 September 8, 1993 Lakewlnds Association - Need for parking spac¢~ Poo!-.Ir- brand fax transmlt.t.al memo 7671 [,o~p~. ', ~,, . ~pt. ~Ofle a Conditional Use Permit Application (Draft) Donnies Restaurant Parking Lot Because of site limitations, Lakewinds falls short of being able to provide an adequate number of packing spaces for its residents and guests at all times of the day. An adequate amount of parking spaces means that there ate enough spaces for ali residents and guests. Adequate parking also guarantees that there is never any crowding of driving lanes due to illegal parking along marked curbs. Without the parking at Donnies, residents arriving late in thc evening are forced to park either in guest parking spaces or along the curb. P.Ial Confin_~eney Planning A shortage of parking spaces at Lakewiflds becomes a threat to any emergency situation that should arise. Parking in guest spaces or along the curb takes away from any extra space that could be used by emergency personnel (police, fire). Furthermore, curb parking dramatically decreases the cleannce available for maneuvering large emergency vehicles. Parking at Donnies allev, iates this situation and helps to insure safety for both Lakewinds residents and emergency Traffic and its Disturbance~_ The off-site parking at Donnics helps to decrease the adverse affects of traffic around Lakewinds in a number of ways. Without these spaces, residents are forced to drive around the entire Lakewinds complex looking for an open space. When this occurs at night, it disturbs residents significantly. When overflow parking is provided for at Donnies, residents know that they can park there more quickly and simply without searching for a space in the on-site areas. Parking at Donniea, therefore, will decrease traffic and the noise, light and pollution that it creates. P.O2 09-0E)-93 I I :43 .~tzff~V[gnitorin~ of Lot The Lakewinds staff will be available five days per week during normal business hours for monitoring the Donnios lot. The staff will be able to collect trash on a regular basis, insuring that the lot will not become unsightly. In addition, parking permits--- which will be required for parking in this lot-- will be able to be monitored to guarantee that unauthorlzed people are not using the lot. l*kewlnd-~ and Gatsten 24 Hour Se~lce La~kewinds Association and Ciarsten Management provide full 24-hour management service. Diane Malone)', the site manager for Lakewinds, can be reached during normal business hours at 720-4834. This cellalar phone number provides instant access to her s~n~ices regardless of her location. G~sten Management is a full-service prol~rtY management firm. Calling 6~6-1515 during normal business hours will connect you to a property manager who is familial with the property. In addition, a 24-hour ~nswerlng service (293-$012) takes mesSages at any time of the day. The entire G~sten property management staff is equipped with digital pagers, enabling them to be informed of an emergency at any time of the day or night. FROM GRAY PLANT MOOTY Thio a8re~ment, entered into thio /Z '77? day of /~.v~. , b~vee~ ~~'~ ~ 3~ ~ ~¢~ ~$~A/. (hereinafter ~he lessee) and ~E~AS ~he les8o~ vlshe8 to le~Oe ~ t~e leosee ~ud t~e lessee vis~e8 ~ent ~rom the le88or a n~ber o~ pa~kln~ Btall~ ~or p~rking motor vehicles, boats, or boat trs~ler$ (here~na~te~ collectively referred ~o as "vehicles') at a cert~ des~nated Darkens area (he~e~naf~e~ "the park~S lut"), ~hIch parking lot ts located at ~51 Wllehire Blvd. in the City of Ho~d, Cowry ~ennepin, State of ~esota, the partle~ hereto hereby aires as follows~ 1, ~. This le~se shell ~ from month-to-month commencing on Hay 12, 1993. Either the lessor or the lessee may te~minate ~hts lease by fu~ishing the o~her party at least ~0 days written notice of such ~e~mtmatton. 2. ~, The monthly ~ent shall be the product of $15.00 per parking stall times the n~beg of parkins stalls, ~hich amo~ shall be payable by lessee by check before the first day of each month and which amo~lt shall be nonref~dsble, Payment shall be delivezed ~o TU~UIST PROPERTIES, P.O. Box 100, Mi~eapolls, Hi~esota ~0. The lessee shall rent f~om lesso~ s specified number of parking stalls, not le~s than fifteen (15) parking stalls per month, ~hich n~ber shall be determined by the psr~iee by telephone not less ~han five (~) days p~ior tO the begl~ins of each ~onth and memorialized in writing prior to the of such ~onth. Residents of lessee shall a~ange to ren~ parkins stalls through agent (presently lessee's agent is GARSTEN ~AGEMENT CO~.). Eesidents and guests of lessee shall not use any parkinS s~all without prior ~ritten approval of leesee's ssent and without pgo~ently displaying on the vehicle ~ritten permission ~o park in sn sssisned parking stall. Lessor may toe, without prior notice, any vehicle located in a parkin8 stall ~ithout the prior ~rltte~ consent of lessee or tha~ is not prominently displaying a parking sticker or other ~ritten permission to park in the park~S stall in which ~he vehicle Is located. ~. Re.airs, m~cerntions, im~ov~mentm, addi~ions, and matntmnance. Aa and between 't~e lessor and ~he lessee, all decisions in resard to tl,e repairs, alterations, i~provements, additions, and ~ain=enance of the ~o~ or ~he [~ediately surrounding area thereof shall be made ~n the exclusive discretion of the lessor, a~d the Lessee Shall have no authority ~n thereto. Except as otherwise expressly provided herein, all costs and expenses relative thereto shall be included in the a~orementioned estimated annual budget. FROM GRRV PLRHT MOOTV 5.10.1995 tSz27 P' 4. Lease of surface ri~hta. It is hereby expressly agreed betveen the parties that anythin$ -else contained herein notvithntanding, this lease shall be only for the surface rights of the p&rkLng stalls end that the lessor shall ~eset've all subSet:amens and a~r rights relative the£eto. S, ~. The section, affization, or display of any signs on the parking lot shall be only v~th the express permlosLon of the lessor. 6. Eminent donate. Zf the entl:e parking lot on vhich the lessee has parking privileges pursuant to this lease shall be taken under the exercise of the power of eminent domain by any competent governmental au:l~o~y, this lease shall terminate as of the date of such taking, ~ less than the entire packing lot shall be so taken, then at the option of the lessor this lease ma7 be declared terminated. Xn any event, if the lessee's parking stalls ate located on any portion o: the parkin$ lot so taken, this lease shall automatically terminate. ~n the event that this lease shall turm~nabe as a result of any o£ the circumstances described immediately above, bhe rentals due hereunde~ shall be apportioned betveen the parties hereto as o~ the date of ,uch taking, and an7 balance o~ the prepaid rentals shall bu immediately repaid to the lessee. All damages avarded :or such taking shall belong LO and be the property of the lessor, irrespective o~ the basis on which they are ave:dod. 7. Destruction of l~ased stemless. It is expressly agreed betveen the lease: end the lessee that if during the term of this lease ~he parking lot or the improvements thereon shall be injured or des~:uyud by ££~e, the elements, or any other cause so as to render the pa:king ~ot unfit £ur Ate intended use or unable to be repaired ei~h reauu~able diligence within one bund:ed teenty (120) days item the time of injury, then the lessor may Lease [roz the date of ouch damage or destructl?n, ~he lessee terminate thio ........ ~,-~ .+-11s and all interest therein to the shall immediately sutton:er :ne pa~a-6 ..... lessor, and the lessee shall pay rent therefor only to the time o: such surrender and be entitled to reimbu~sement :o£ an7 prepaid ren~. ~n the case of any such destruction or injury, the lessor may reenter and repossess the parking stalls demised by this lease and may dispossess all parties then in possession thereof. ~ut i~'the parking ~ot can be restored within one h~nared twenty (120) days from the time o: the injury thereto, and the lessor within thirty (30) days from the occurrence o~ such injury elects in writing to su repair or restore the parking lot vithin one bund:ed treaty (~20) days, and if the lessee'S parking stalls are located in that area of the parking lot vhich shall be so :epeired or restored, then this lease shall not end or terminate on account of such injury, but the tent shall not tun or acc:us a£~er the injury and during the process or repairs and up to the time vhen the :epairs shell be completed. In any event, if the lessee's parkin$ stalls are located in that area si the parking lot vhich cannot or viii not be repaired, then this lease shall te~ainate on ouch terms and conditions as are designated above. ~f any such destruction does not ma~erially affect the leesee's pa:kin8 stalls or access thereto end the lessor decides to restore the remainder of the pa:kisS lot, then this lease shall not so terminate. An proceeds obtained from any ~nsurance coverage as a resul~ o£ any such damage -2- t ,i i ~ II FROM GRAY PLANT MOOTY 5. 10. 199~ 15:27 P. 4 or destruction shall be the property of the lessor regardless of the basis on which such proceeds were determined. AL1 improvements or betterments, if any, placed by the lessee ca the demised premises shall, however, in any event be repaired and replaced by the lessee at his own expense and not at the expense st ~he lessor. 8. Noel/ability_ o£ leaner, indemait~ of les.or b~ lessee. This lease is made on the express condition that the lessor Shall be free from all liabilities and claims for damaees or suits for or by reason of any injury o£ injuries to any person, person., or property of any kind or nature whatsoever, whether the person or property of the lessee, his agents, employees, or inverses, fros any cause or causes whatsoever while in or on the parking los or any part thereof during the term of Chis lease or occasioned by any occupancy or use of the parking lot or any activity carried on by the lessee, his agents, employees, or lnvitees in connection therewith, unless caused by negligence of the les.or. The lessee furnher covenants and agrees to indemnify, save, hold harmless, and defend the lessor ~rom ail liabilities, charges, expenses (including attorneys' ~ees), and coats on account of or by reason of any .uch injuries, liabilities, claims, .sits, or losses hoveve~ occurring or damages growing out o~ them. The lessee further specifically agrees that he will protect, defend, save, and keep the lessor forever harmless and indemnified against and from any penalty, damage, or charge imposed for any violation o~ any las or ordinance which may be occasioned by the neglect of the lessee or those holding under the lessee. This provision shall specifically but not exclusively apply to any such accident or occurrence resultin$ from the use by the lessee, o~ the use by any person's holding under the lessee, of those areas of the parking lot which provide the pedestrian vehicular access to the parking stall(s) leased hereunder. 9. Assignment! sublease. The rights of the this lease shall not be assignable or eubleasable. shall be freely assignable. lessee acquired under Ail rights O~ the lessor 10. Defaultl. remediea of lesso~. It is agreed between the parties that if default shall be made by the lessee at any time in the payment of any rent on the day when it shall become due or payable, and such default shall continue for ten (10) days, or in case any other default (except reports to the police of diBturbancee, noisey or unruly behavior, excessive drinkin$, or any activity constttutin~' a public nuisance) shall be made by the lessee in the performance of any of the othe~ terms, conditions, or covenants of the lease by the lessee to be performed, and such other default shall continue for a period of ten (10) days after the service of written notice o~ such other default by the lessor on the lessee, then the lessor may enter into and on the parking lot or any part thereof and repossess it, with or without terminating this lease and without prejudice to any of its remedies for rent or breach o£ covenant, and in any such event may, at its option, terminate the lease by 81wing written notice of its election so to do, or may, at its option, let the parking stalls as the a~ent of the lessee or otherwise. The fore~oin$ rights and remedies given to the lessor are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election, excluding the exe~clsn by the lesSOr of any other d£fferent inconsistent remedy, and shall be deemed to be g£vnn to the lessor in addition to eny other and further rights ~ranted to the lessor by the teems o£ any other sectiOn herein or by law. The ~a£1ure on the part of the lessor at any time to e~e~cise any r~ght or ~emedy hereby given to it shall not be deemed to operete as a vaive~ by it of its riiht to exercise such right or remedy at any othe~ or future time. The lesso~ shell not be deemed to be in default under this lease until the lessee has given the lesso~ v~ltten notice speci~ying the nature o£ the default and the lesso~ does not cure such default vithin thirty ($0) days after =ecetpt of such notice or ~lthin such ~easonable time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably ~equire more than thirty (30) days to cure. It is ascend between the lot and parties that the lessee shall only be allowed tO ~se the parking stall(s) for purposes ~elated to the packing of operable passenger vehicles, boats, and boat trailers, under no circumstances shall lessee be allowed to use any parking stall for motorcycles. All other non,elated activities shall be prohibited. Specifically, the premises shall not be used No activity commonly referred for the repair or maintenancs of such vehicles. to tallgatin~ shall be permitted, nor shall there be any unnecessary noise after the hour of 9~00 P.H. The lessee shall cooperate fully in any parking lot maintenance activity performed by the lessor. Any such re,sired removal of the vehicles shall be preceded b~ not leSS then twelve (lZ) hours notice posted at the entry to the pa~king lot by lessee. If the lessee £ails vacate the parking stall(a) as ao directed in any such notice, ~hs lessor shall cause to have any vehicles towed from the perkins stalls at the lesson's expense. The perkins of more than one vehicle per packing stall shall be prohibited The lessee shall also comply with whatever rules and relative ~o the use of the pa~kin$ stalls are promulSated ~rom time to time by the lessor. Xf the police receive ~eports of disturbances, noisy or un~uly behavior, excessive d~tnking, or any behavior constitutin$ a public nuisance, lessor may terminate this lease immediately withou~ any prier notice. call a reed between the parties that ,2. ,, ... ~.res and provisions of t~s ~_~'.~ are nov ot may be ~s~ ...... . ~_- .... mortaa~e or mor~sSue '- be subordinate ~o n~ ~ _ the parkin~ lot. 13. Bindint ef£sc~. This lease shal~ be binding on and shall inure to the benefi~ of -all the parties, their assignees, successors, executOrS, administrato~s, estates, heirs, and leiatees. -4- FROM GR~V PLANT MOOTV 5. 10, 199~ 15:29 14. Appli¢~hle _lay. This lease and the rlShts and obligations o£ the parties hereunder shall be interpreted in accordance with the laws of the state o£ ~lnnasota. 15. Arbitrat~Oq. Any dispute or controversy arising u~der, out o£, in connection vith, or in relation to this lease shell be determined in ~lnneapolis or Wayzata, ~lnnesota, pursuant to the rules then in affect of the American Arbitration Association, and Judgment may be entered on the award. 16. Bodices. All communications, demands, notices, or objections permitted or required to be $iven or served under this lease, with the exception of behavior constituting a public nuisance, shall be In ~ritin~ and shall be deemed to have been duly ~iven or served i~ delivered in person or deposited in the United States mall, postage prepaid, for mailin~ by certified or registered mall, return receipt requested, addressed to a party to this lease at the address set ~orth next to such party's signature at the end of this lease, or l~ to a person not a party to this lease, to the address designated by a party to this lease in the fore~oing manner, commencinB on the tenth (10th) day after the giving of such notice, any newly designated address shall be such party's address for the purposes of all communications, demands, notices, or objections permitted or required to be given or served under this lease. 17. Amendment. modification~ .or waiver. No amendment, modl£ication, or waiver of any condition, provision, or term of this lease shall be valid or O£ any effect unless made in writing, elsned by the partte~ to be bound or · duly authorized representative, and specifying with particularity the extent and nature of such amendment, modification, or waiver. Auy waiver by any party of any default of another party shall not effect or impair any right arlsin8 from any subsequent default, gerbing herein shall limit the remedies and rights Of the parties hereto under and pursuant to this lease. 18. Severable pFovisions. Each provision of this lease is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this agreement. 19. ~asoneble._~oneen~. ~henever the lessor's or the lessee's approval or consent shall be required herein, such approval Or consent shall not be arbitrarily or unreasonably conditioned, delayed, or withheld and shall be deemed to have been ~iven, unless within ten (10) days of request therefor, the lessor or the lessee, as appropriate, $ives notice to the requesttn~ party that the lessor or the lessee, as appropriate, ts denying such approval or consent, otatin~ in such notice the reasonable grounds therefor. 20. _Entire_a~_reoment. This lease contains the entire understanding of the parties hereto with respect tO the transactions contemplated hereby and supersedes all prior agreements and understandings between ~he parties with respect to such subject matter. No representations, warranties, undertakings, or promises, whether oral, implied, written, or otherwise, have been made by -5- either party to the other unless exp£essly stated in this lease or unless mutually aSreed to in vritin$ betveen the parties after the date hereof, and neither party has relied on any verbal representations, as=eements, or unde~standinss not expressly set fo=th herein. 21. ~a~ion.. h~adin~s~ or titles. All captions, headinSs, or titles in the paragraphs or sections of this lease are lnser~ed'for convenience of reference only and shall not constitute a part of this lease &s & l~mita~ion of the scope of the pa~ticular paragraphs or sections to vhich they apply. In vitness vhereof, the parties hereto have set their respective et§natures as of the day and year first above vritten. Lessor~s addres!~ Turnquis~ Proportie0 P,O. Box lO0 ~infleapolio, HN ATT~ ?rude Turnquist, Hana~tng Partner (6~2) ~49-07~5 ~essee'e addreeq~ Lakevinds Sport &nd Yacht Condoniniu~ Association 4379 Vllehire Blvd. Bound, MN ~64 (612) 472-7777 1494D -6- CITY of XlOUND September 1, 1993 Ms. Trudy Turnquist Turnquist Properties, Inc. P.O. Box 100 Minneapolis, MN 55440 RE: PARKING VIOLATIONS AT THE OLD DONNIES RESTAURANT SITE , 4451 WILSHIRE BLVD., PID ~19-117-23 31 0021 Dear Ms. Turnquist: As you may recall, we recently discussed the issue of parking spaces being leased by Turnquist Properties to Lakewinds Condominium Association for their tenants. You stated you are currently leasing up to 15 spaces and that you would copy me on the actual lease agreement and I would research the application of the City's Zoning Ordinance regulations. Please be advised that parking in a commercial lot that is not affiliated with the principal use of the property is permitted as a Conditional Use in the B-1 Zone. I have included a Conditional Use Permit (CUP) application for your use. You must either discontinue this lease agreement and parking or file your CUP application to give the City Council the opportunity to review your application. If you have any questions, please contact me. JS:pj Enclosure CC: Michael A. Koch, Garsten Management, 2550 University Ave. S., ~ll0, St. Paul, MN 55114-1052 Diane Maloney, Lakewinds Association, 4379 Wilshire Blvd. aShukle, City Manager rk Koegler, City Planner printed on recycled paper OVERFLOW PARKING AVAKA~LE DONNIE'S RF~TAURANT PARKING LOT $15.00 per month per vehicle, boat or boat trailer. month basis) (month to Call Diane at 472-7777 to leave a message and obtain a permit. Vehicles without a permit that park in this lot are subject to towing after May 1, 1993. Turnquist Properties assumes no liability for loss or damage to vehicles in Donnie's Restaurant lot. REMEMBER- the one exception to this is parking there when you are using the partyrooms. We have permission and encourage, guest parking at the restaurant lot then. Always remind your guests not to park at any blue reflectors on our LAKEWINDS lots. i Garsten Management Corporation professional real estate managernent August 17, 1993 Trude Turnquist Turnquist Properties 16061 Holdridge Rd W Wayzata, MN 55391 RE: Parking adjacent to Lakewinds Condominiums Thank you for bringing to my attention the request by the Mound Building Official to see a copy of the lease between Lakewinds Association and Turnquist Properties. If the City of Mound wants an Occupancy permit or a Commercial Business Use permit, the Association would be willing to pay the cost. In addition, if the City of Mound requires that a fence be built or makes some other request that 1 am not anticipating, please let us know so that we can respond appropriately. ! have asked Diane Maloney, the on-site manager to address the concerns from Mr. Henderson, who owns the gas station next door, regarding trash. Diane is also handling the parking sticker issue. Diane has a cellular phone which she carries with her at all times so that we are in a position to respond immediately to concerns such as those that you brought to our attention. You can feel free to call her at 720-4834 any time any of these kinds of things come up. Perhaps you would consider getting together with Diane and myself to address any other concerns that you or your father may have concerning this temporary parking arrangement. Diane is a member of the Board of Directors and has several years experience at the Lakewinds Condominium. She owns 5 condominiums there and is committed to not only maintaining but also enhancing the look and value of all of the condominium homes at Lakewinds. Maintaining this opportunity for overflow parking is extremely important to the Board of Directors, Diane and myself. We wanted to take whatever steps that are necessary to protect this valuable asset for Lakewinds, however temporary it may be. To express our gratitude for your promptness in bringing the request from the Mound City official to our attention, we would like to extend an invitation and/or your father to take you out for lunch. It might be helpful to have faces to go with names. Thank you again for all of the help that you have given us. I will look fop, yard to hearing from you. Michael A. Koch Property Manager MAK/jim GMC\907 Ig (6~) (47) m,,, I I I 445l Wilsh~re Blvd. Avalon go~ i es Lots 3 to 18 inci vac rd Block 8 19-117-23 31 0021 Su rvey~ ),es___ _.~ (63) ~'"'.. ~ :.".."L': 4527 Wilshire Boulevard Mound, Minnesota 55364 December 1, 1993 REC'D DEC City Council City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mayor and Councilmembers~ We have received notice of an application by Ralph Turnquist for a Conditional Use Permit to allow a ..Commercial Parking Lot (not affiliated with the principal use)" in the B-2 Zoning District at 4451 Wilshire Boulevard. We do not totally oppose such use. However, if the application is approved, we would ask that some conditions be attached, First, the entire property should be fenced with a solid fence which does not allow any, even very narrow or angular, view of the property or contents. This fence should be high enough to shield from view most, if not all, of the vehicles or material on the property, yet not be so high as to be hideous in itself. It must be completely solid. Such things as a chain link fence with, so called, privacy strips, do not meet this requirement and are very hard to maintain in a presentable appearance. Which brings up the second condition we would recommend. Any fence so installed must be maintained to its original condition. No signs or graffiti should be allowed to be put on the fence. No deterioration or degradation of the fence, to allow it to become an -eyesore" to the neighborhood, should be allowed. Lastly, any lighting of the area should be subdued and directed inward from the perimeter so as not disturb or detract from the comfort of the residents in the area. Having been a resident/owner of a condominium, we are aware of the parking problems usually associated with such developments. We also know that any off-site parking is often used for storage of non-operating vehicles, recreational vehicles, boats, etc. They often do not move for extended periods of time, even if they are capable of such movement. They do constitute an .'eyesore". It can take on the appearance of a Junk yard, particularly when covered with snow and it is apparent they are not being used, but rather stored. If these conditions can not be applied and enforced, now and in the future, we are vehemently opposed to the request. we are also concerned with the current apparent use of the property as a boat and boat trailer storage area and wonder if this is a currently appr°ved use °f the Pl~~t ~,~~__~ Richard and Lynn Young J ,,J Garsten Management Corporation IV'(!fesxionaJ real cxtatc mamLk, cmen! November 29, 1993 Femer Johnson, Mayor City of Mound 5341 Maywood Road Mound, MN 55364 Ms. Trude Tumquist, with the help of the Lakewinds Association, has been in the process of arranging for the temporary use of the parking lot at the former Donnies Restaurant. After several months of work, we recently learned that a conditional use permit was required for the use of this area as a parking lot. Ms. Turnquist began the application process in November and the Lakewinds Association is now hoping for your support as this issue reaches your agenda. The Association places a high priority on easing the congestion in their on-site parking areas. Because the limited amount of space can encourage residents to disregard fire lane and hydrant requirements when parking on-site, the Association feels that the temporary use of the Donnies lot would be beneficial to both Lakewinds and the City of Mound. We request that you support our conditional use permit for the temporary use of the Donnies parking lot. If you have any questions regarding our use of this lot, please contact me at 646- 1515. Michael A. Koch Property Manager 1/1 1-B 25.50 L/nivcrsiO. Avenue Bi'st. Suite IlO SI. Paul. Minne.~ola 55114-1052 FAX (612) 646-A't)47 ~612~ 646-1515 CITY of MOUND S34~ MAYWOOD ROAD MOUND !,'uNE$OTA5536z ~.~2 472 0600 Fa× 6!2~ 472-0620 STAFF REPORT DATE: TO: FROM: Planning Commission Agenda of December 13, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official SUBJECT: Variance Request APPLICANT: Steve Sunnarborg CASE NO. LOCATION: 93-053 4924 Edgewater Drive, Lot 15, Skarp & Lindquist's Ravenswood, PID #13-117- 24 41 0013 ZONING: R-lA Single Family Residential BACKGROUND The applicant has revised his original request reviewed by the Planning Commission on November 8, 1993. The Planning Commission recommended denial at that time as the request extended the nonconformities and was itself not in a conforming location. The request, as amended, is now in a conforming location and does represent a substantial improvement of the property. The existing house is substandard in area, the lakeside addition is poorly constructed and in a dilapidatext condition. This new plan also includes a new garage that provides off-street parking and storage. COMMENTS The Plan does not eliminate or improve the existing nonconforming conditions, however, they are considered grandfathered and do appear to have a reasonable life ahead of them and it is also unlikely they will be removed. printed on recycled paper PROPOSED RESOLUTION #93-__ RESOLUTION TO APPROVE A V~I~NCE TO RECOONIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 4924 EDGEWATER DRIVE, LOT 15, SKARP & LINDQUIST'S RAVENSWOOD, PID #13-117-24 41 0013 P&Z CASE #93-053 WHEREAS, the owner, Steve Sunnarborg has applied for a variance to recognize an existing nonconforming 10.6' front yard setback and a 1.5' side yard setback to allow construction of a conforming addition, and WHEREAS, the proposed addition will be conforming to all setback requirements and plans have been incorporated to allow for a future garage addition, and WHEREAS, the subject property is located within the R-lA single Family Residential Zoning District which according to city Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks, and a 50 foot setback to the ordinary high water elevation, and WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval as the proposal for an addition is conforming to the zoning Ordinance and represents a substantial improvement to the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. The city does hereby approve a variance to recognize existing nonconforming setbacks resulting in a 9.4' front yard setback variance and a 4.5' side yard setback variance to allow construction of an addition as shown on the survey revised 11- 30-93. 2. The city Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. 3. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Proposed Resolution Case ~93-053 Page 2 Se Phase I: a) b) c) Phase II: a) Construction of a conforming second story addition 17' x 23'. Remove the nonconforming lakeside portion of the dwelling 12 x 22.4. Construct a conforming one story addition on the lakeside of the dwelling 18' x 20' with a conforming deck. Construct conforming two story addition 26' x 24' with upper living area and garage on the main level. This variance is granted for the following legally described property: Lot 15, Skarp & Lindquist,s Ravenswood. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. .5 '.7 :'9¥0 Staff Report Steve Sunnarborg December 13, 1993 Page 2 RECOMMENDATION Staff recommends the Planning Commission recommend approval of the amended request for construction of an addition as shown on the survey revised 11-30-93, and recommends recognition of the existing nonconforming setbacks resulting in a 9.6' front yard setback variance and a 4.7' side yard setback variance. This amended proposal for an addition is conforming to the Zoning Ordinance and represents a substantial improvement to the property. The abutting neighbors have been notified of this request. This case will be heard by the City Council on December 14, 1993. Sunnarborg Addition Scale 1/8"= 1' Phase 1 Great Room 18x20 8xl 1/6 Phase 1 Street elevation Sunnarborg Addition Scale 1/8"= 1' Sunnarborg Addition Scale 1/8"= 1' Phase 1 Lakeside elevation Upstairs Addition Future Bath and closet Master Br 14x15 Phase 2 Street elevation Sunnarborg Addition Scale 1/8"= 1' Sunnarborg Addition Scale 1/8" = 1' Phase 2 Lakeside elevation Sunnarborg Addition Scale 1/8"= 1' Phase 2 Garage 25x23 8xl 1/6 Great Room 18x20 Upstairs Addition Phase 2 Br Br Master Br 14x15 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 8, 1993 CASE g93-053: STEVE SUNNARBORG, 4924 EDGEWATER DRIVE, LOT 15, SKARP & LINDOUIST'S RAVENSWOOD, liD #13-117-24 41 0013. VARIANCE FOR ADDITION, City Planner, Mark Koegler, reviewed the Building Official's report. The applicant is seeking the following variances to construct a second story and lakeside addition onto the existing dwelling. Existing/ Required Proposed Variance FRONT (South) 20' 10.6' 9.6' SIDE (West) 6' 1.5' 4.7' page 1 of 3 Case #93-053: Steve Sunnarborg, 4924 Edgewater Drive pl~'dng Commission Minut~ November 8, 1993 Upon exterior observation, it appears the existing foundation, with some repairs, is suitable to accommodate the proposed second floor, and from a building standpoint, the plan represents a substantial improvement. The lakeside addition would clean-up a dilapidated and poorly constructed deck and storage area, and the second story addition would add valuable and much needed living space to the approximately 680 square foot living area on the first floor. From a Zoning Code perspective, however, expansion of the existing noncon- formities is questionable and intensifies the impact on the neighboring properties. Not shown on the survey, but detailed on the building plans, is the setback to the new roof over the existing bay on the west side and the structure to house the fireplace. The Building Code does not permit openings in exterior walls of dwellings less than 3 feet to the property line unless they are one hour fire rated assemblies, therefore, the windows, as proposed, would not be permitted. It appears that the encroachment onto the west side is too great to recommend approval of variances in this case. Staff recommended the Planning Commission recommend denial of the variance request as the expansion and additional improvements worsen the already substantial nonconforming conditions. Any future expansion of this property should be in a conforming location. The Commission discussed the bay window and roof overhang setbacks. Water run-off onto the neighbors property was discussed as a concern. The applicant noted that the house was constructed in approximately 1900 to 1910 and there is a large oak tree just north of the existing deck. The applicant confirmed that a detached garage is planned in the future. The Commission discussed the possibility of adding a garage on the east side of the house and include a second story to allow for more living space, this would also keep the expanded height of the house away from the nonconforming west side setback. page 2 of 3 Case #93-053: Steve Sunnarborg, 4924 Edgewater Drive Planning Commission Minutes November 8, 1993 The applicant handed out to the Commission a letter from the neighbors on the west side which states they are in favor of the addition. The applicant's contractor noted that they would be willing to relocate the fireplace and work on the bay window issue. He also commented that it would be too expensive to construct a garage addition as suggested. Michael commented that the request is not a minimum variance. MOTION made by Michael, seconded by Voss to recommend "'.;denial of the variance as recommended by staff. Motion carried ~'UBdlE~'~"'/' 7' to 1. Those in favor were: Meyer, Clapsaddle, Johnson, Jensen, Voss, Hanus, and Michael. Mueller was opposed. Mueller commented that the setback is an existing situation and he would have liked to address other issues such as drainage. This request will be heard by the City Council on November 23, 1993. page 3 of 3 06/1T.93 18:12 FAX 612 472 0620 CITY OF MOUND -~ ~uNCHOR SClENTIFI ~]001 CITY OF MOUND HARDO'OVER CALCULATIONS NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA /0e 8'/0 SQ FT X 30% -- /Oz 2/0 SQ FT X 15%. = /~'2 2.. HOUSE: (if impervious surface under deck = 100%) OTHER: LENGTH WIDTH f,2. s x 22. 7.~ X 2, g X TOTAL HOUSE * '~.$ x )2 X TOTAL'GARAGE ~,~ X.- · TOTAL D~VEWAY x X TOTAL DECK * TOTAL DECK ~ ¥2°5 X 3 = TOTAL OTHER ******************* TOTAL PROPOSEDHARDCOVER ******************* MEETS LOT OOYERAGE REQUIREMENT8 * * * * * * * * * * * * * * BY: DATE: ~ 75/ 76 ¥£ 29z /~'o3 2~_¥ES___NO /~ _/3-- ?~ GLNLILa~L ZONING LNk'OIL%IATION $11EET Survey on file? yes .o Date of survey Required ~t W~dth:/~ (~ ~ · ~t of Record? ~es no (froa~age on an ~proved ~bl~c EXISTING AND/OR PROPOSED 8ETBACKS: PRINCIPAl. BUILDING SZDE: N S IE ~. · ACCESSORY BUILDING FRONT: N $ E W FRONT: N S E W SIDE: N S E W 4' or ~; SIDE: N S E W 4' o[ ~' P~AR: # S E W 4' I ~$HO~: . 50' rmeaeured from O.N.w.) FRONT: FRONT: SIDEI SIDE: I~A~: L~d~SHORE: ACCESSORY BUILDING ~~ WILL THE P]~OSED INPRO~NTS C~)NFOI~? YES NO . .... 0 i PROPOSED RESOLUTION #93- RESOLUTION TO ~PPROVE ~ VARI2~NCE TO RECOGNIZE EXISTING NONCONFORNING STREET FRONTAGE TO ALLOW CONSTRUCTION OF ~ CONFORNING G2~.&GE ADDITION ~T 2420 WESTEDGE BLVD., THaT PART OF GOVERNNENT LOT 4, SECTION 23, TO~qSHIP 117, R~NGE 24, PID #23-117-24 22 0005 P&Z C~SE #93-060 WHEREAS, the owner, Steve Homola, has applied for a variance to recognize nonconforming street frontage to allow construction of a conforming garage addition, and WHEREAS, the subject property lies near, but not immediately adjacent to an improved public access and City Code Section 350: requires 60 feet of frontage in the R-1 zoning district and the property in question has 33 feet of frontage, creating a 27 foot street frontage variance, and WHEREAS, the subject property received a variance to lot frontage on August 9, 1988, Resolution #88-109, to allow construction of the existing dwelling, and WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, all setbacks, conforming, and; lot area, and lot coverage are WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval as the addition is conforming to all other respects of the Zoning Ordinance and is a reasonable use of the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The city does hereby approve a street frontage variance to allow construction of a conforming garage addition. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. Proposed Resolution Case #93-060 Page 2 Se Se It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of 30' x 28' garage addition. This variance is granted for the following legally described property: That part of Government Lot 4, Section 23, Township 117, Rank 24, Hennepin County, Minnesota, lying northwesterly of the northwesterly right-of-way line of the Burlington Northern Railroad. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. ~ OF A MF. ETING OF THE MOUND ADVISORY PLANNING COMMLqSION DECEMBER 13, 1993 CASE ~93-060:. STEVE HOMOLA, 2420 WESTEDGE BLVD. ~ GOVT. SECTION 23f TOWNSHIP 117~ RANGE 24~ PID ~23-117-24 22 0005. FRONTAGE VARI]%NCE FOR ADDITION. LOT 4~ STREET Building official, Jon Sutherland, reviewed the applicant's request for a variance to recognize the existing nonconforming street frontage in order to construct a fully conforming garage. This property received a variance to lot frontage in 1988 to allow construction of the existing dwelling (note Resolution #88-109. Staff recommended approval as this request is conforming to all other respects of the Zoning Ordinance and is a reasonable use of the property. MOTION made by Voss, seconded by Weiland to recommend approval of the variance request as recommended by staff. Motion carried unanimously. This case will be heard by the City Council on December 14, 1993. CITY of MOUND =:" fTIAYWQOD ROAD *,'E~%E f~;NNESO-i-~,55364 r.e,,X i6~2, 4.72 0620 STAFF REPORT DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: Planning Commission Agenda of December 13, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official Variance Request Steve Homola 93-060 2420 Westedge Blvd., Govt. Lot 4, Section 23, Township 117, Range 24, PID //23-117-24 22 0005 R-1 Single Family Residential BACKGROUND The applicant is seeking a variance to recognize the existing nonconforming street frontage in order to construct a fully conforming garage. This property received a variance to lot frontage in 1988 to allow construction of the existing dwelling (note Resolution//88-109. RECOMMENDATION Staff recommended approval as this request is conforming to all other respects of the Zoning Ordinance and is a reasonable use of the property. The abutting neighbors have been notified of this request. This case will be heard by the City Council on December 14, 1993. printed on recycled paper ¥o17 VARIANCE APPLICATION CITY OF MOUND ia ~ ~0V 2 9 1993 Phone: 472-0600, Fax: 472-0620 Planning Commission Date:~ Application Fee: $50,00 City Council Date: I..,o,-14-q3 Case No. c"'i&-0¢C) Distribution: ~ City Planner ~ Public Works '~dx. City Engineer DNR Other Please type or print the following information: Address of Subject Property Lot Addition Zoning District Owner's Name Owner's Address Applicant's Name (if other than owner) Address [~/~ ,,-fed ? -e Day Phone Day Phone 1. Has an application ever been~~fo~ning, variance, conditional use permit, or other zoning procedure for this property,~J~ yes)'~--m= If yes, list date(s) of application, action taken, resolution number(s) and provide co~sctli~dons. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application (11/93) Page 2 Case No. Do the existing structures comply w.ith all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: ( N S E(~ ~'d9 ft. ~2. ~'c9 ft. ft. Side Yard: ~..~S E W r/'d ft. [~) ft. R~ Y~d: ( N S~ ) ~. ~- ft. ~eside: ( N S E W ) h- - R' (NSEW) ,.~. R. Street Frontage: ~ C) ft. i:z~ ~ ft- ~9~ ft. Lot Size: al ft ~c~c: al ft ~ ~ _sq ft Hardcover: ~[[/-L~L-sq ft .~ _at fi C~ g~ al ft Does the pres~ use of the property conform to all regulations for the zoning district in which it is located? Yes JAb No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage {~ existing situation ( ) too shallow $<) shape ( ) other: specify Please describe: Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~g~. If yes, explain: J Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), ~. ff yes, explain: No gm Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). ff no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date Date $~0' '~1ol NAME: ADDRESS: EXISTING LOT AREA EXISTING LOT AREA HOUSE: GARAGE: DRIVEWAY: DECK: (if impervious surface under deck = 100%) OTHER: CITY OF MOUND HARDCOVER CALCULATIONS SQ FT X 30% SQ FT X 15% LENGTH WIDTH ~o x ~'~ X X lot/ = z~ ~ / ~00 TOTAL HOUSE * * '-'z/o x TOTAL GARAGE * / 2 x TOTAL DRIVEWAY X X TOTAL DECK * * * TOTALDECK @ 50% X X TOTAL OTHER * * L I TOTAL PROPOSEDHARDCOVER ******************* UNDER (OVER) ***************************** MEETS LOT COVERAGE REQUIREMENTS * * * * * * * * * * * * * * ~~'~ J J ._~YES___NO BY: DATE: CORRECTED PROPERTY DESCRIPTION FOR RESOLUTION J88-109, FILED ON 195 9-20-88, DOCUMENT #5456193. AUGUST 9, 1988 RESOLUTION NO. 88-109 RESOLUTION TO APPROVE FRONTAGE ~ IMPROVED RIGHT-OF-WAY VARI~%NCES FOR PROPERTY OWNED BY THE CITY OF MOUND LOCATED ON WESTEDGE BOULEVARD WHERE~S, the City Council held a public meeting on August 9, 1988, to consider the issuance of variances from Sections 23.403 (1) and 23.604.5 (2) of the Mound zoning Code to permit the sale of land and the construction of a single family residence on property located at xxxx Westedge Blvd. ( PID #23- 117-24 22 000§); and WHERE~S, Section 23.402 (1) requires lots to have frontage on improved public accesses and the property in question lies near but not immediately adjacent to an improved public access and Section 23.604.5 (2) requires 60 feet of frontage in the R-1 zone and the property in question has 33 feet of frontage creating a 27 foot property width variance; and WHERE~S, all persons wishing to be heard were heard; and WHERE~S, the Planning Commission has reviewed the request and determined the following: 1. The property is appropriate for a residential use and should be returned to the tax rolls. 2. Future development options exist for the provision of a full 60 foot wide frontage for the subject parcel. 3. The property will front on an improved public right-of- way with minor grading improvements and rock placement. The Planning Commission unanimously approved subject variances. WHERE~S, the Park and Recreation Commission reviewed the request and recommended the following: the has That the city hold the property until a determination can be made of the recreation value based on the development of the surrounding land, i.e. railroad right-of-way, possibly become a part of a trail system or see the what outcome of the Hennepin Park plan is. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the lot width and improved public right-of-way variances for the property located at xxxx Westedge Blvd. (PID #23-117-24 22 0005) legally described as follows: 1 q103 196 August 9, 1988 That part of Government Lot 4, Section 23, Township 117, Range 24, Hennepin County, Minnesota, lying northwesterly of the northwesterly right-of-way line of the Burlington Northern Railroad. The foregoing resolution was moved by Councilmember Abel and seconded by Councilmember Jensen. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen and Smith. The following Councilmembers voted in the negative: Johnson. ss/Steve Smith Mayor Attest: City- Clerk- r i I I I ~1o? ADDRESS: -- ~ { Z~:mi~-: {~EQUIRED d~%~ EXXSTII~ Required ~t Wldth:~ (frontage on in ~provod ~bltc .troot) Existing ~t WidthS, Depth ~ . __ ~SHO~ 50' {mea~ure~ from EXZBTXNG A~D{OR PROPOIIED 8ETBACKB: Z,q&, ' FRONT z N S E W FRONT FRONT: M S E W.., FRONT ~SHO~ ~ ~SHO~ BY t DAT ACCESSORY BUILDING CONFOI~? YES~ NO, (6) fo < O fo -r- fO O O fO {ID < I ORDINANCE//66-1993 AN ORDINANCE AMENDING SECTIONS 437:00, SUBD. 5; 437:10, SUBD. I. c; 437:10, SUBD. 11.; AND 437:15; RELATING TO DOCK LICENSES THE CITY OF MOUND DOES ORDAIN: Section 437:00, Subd. 5 is amended to read as follows: Subd. 5. Removal of Docks. Upon expiration of a dock license, the licensee must completely remove the licensed dock and appu~¢nanccs accessory_ items from public land. Any dock or portion thereof not removed by the licensee will be removed by the City or a designated contractor and all costs of removal will be the responsibility of the last licensee for that dock site. (ORD. #60-1992 - 12-7-92) Section 437:10, Subd. 1. c. is amended to read as follows: Section 437:10. Rules and Regulations. Subd. 1. Dock Location Map Definition. There shall be on file in the City Hall a drawing of the City of Mound that is maintained by the Dock Inspector showing the approved locations of private docks that may be constructed on or abutting public shorelands under the control of the City. Such master plan shall contain the following information: Shoreline Cla;a:,5~t:.c,n: Types and any restrictions applicable to said locations; (ORD. 45-1990- 12-29-90) Section 437:10, Subd. 11 is amended to read as follows: Subd. 11. Removal Deadline. All private docks abutting any public road, street, park, or commons must be removed from the waters of Lake Minnetonka or other navigable waters no later than D~_..ember 3! November 1 of the license year unless it is a winter approved dock location as shown on the master dock map. Section 437:15 is amended to read as follows: Section 437:15. Maximum Dimensions, Prohibited Design of Docks. Docks for which a license is required by this Section 437:15 shall not be less than 24" wide or more than 48' in width with the exception that one 72" x 72" section is allowed on L, T, or U shaped docks provided that this configuration be limited to a setback of 10 feet from private property and shall not infringe on an adjacent dock site. Docks shall not exceed 24 feet in length except where necessary to reach a ...........m water depth of 35" 48", using Lake Minnetonka elevation levels of 929.40 feet above sea level. Channel docks, where navigation is limited and docks must be installed parallel to the shoreline, cannot be less than 24~ wide or more than 72~ in width. The length shall be limited to a setback of 10 feet from private property or not to infringe on an adjacent dock site. Docks shall be of plank or rail construction. Dock posts shall be of equal height above the dock boards and shall be at least two rail construction and constructed to comply to standards and specifications approved by the Dock Inspector. All docks shall be built or placed with the longitudinal axis thereof perpendicular to the shoreline unless variations otherwise may be permitted in accordance with the conditions of the area. Docks which are in existence June 1, 1989, shall be brought into compliance with all provisions of the City Code when expansion or modification is requested, or replacement of 50% or more of any such dock that is damaged, destroyed, or deteriorated. (ORD. //38-1989 - 1-2-90) (ORD. 45-1990- 12-29-90) Mayor ATFEST: City Clerk Adopted by the City Council December 14, 1993 Publish in The Laker December 20, 1993 PROPOSED RESOLUTION #93- RESOLUTION TO ~PPROVE ~ CONSTRUCTION ON PUBLIC L/%ND8 PEr,MIT TO REPLACE A STAIRWAY ON WAURIKA COMMONv DOCK SITE #01560v ~BUTTING 1543 BLUEBIRD LANE IN PART OF LOTS 1, 2, & 32, BLOCK 6, WOODLAND POINT WHEREAS, the owner of 1543 Bluebird Lane, Mr. Lyn Hexum, has applied for an after-the-fact Construction on Public Lands Permit to replace the existing stairway located on Waurika Common abutting their property, and WHEREAS, City Code Section 320, requires city Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and WHEREAS, on January 26, 1982 the City Council approved Resolution No. 82-28 for the previous stairway, and WHEREAS, this stairway will serve only one dock site and this area has a steep slope. WHEREAS, the requested improvement falls within the items that are permitted uses on the commons according to City Code Section 320, the Flow Chart, the Zoning Ordinance, and the Procedure Manual, and; WHEREAS, the Park and Open Space Commission reviewed this request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Mound, Minnesota, as follows: The City Council does hereby approve a Construction on Public Lands Permit to allow replacement of a stairway at Dock Site #01560 on Waurika Commons, abutting 1543 Bluebird Lane, subject to the following: ae The applicant is responsible for all costs incurred, including installation and maintenance. Be The new stairway shall be in compliance with the Building Code and inspected and approved by the Building Official. Ce The permit will expire five (5) years from the date of City Council approval. D. The permit must be renewed with change in Dock License holder. The applicant's dock license will not be issued until compliance has been achieved and the stairway is approved by the Building Official. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION DECEMBER 2, 1993 APPLICATION FOR CONSTRUCTION ON PUBLIC L~NDS BY MR. LYN HEXUM~ 1543 BLUEBIRD L~NEm FOR STAIRWAY ON WAURIKA COMMONm DOCK SITE ~01560., The applicant has applied for an after-the-fact permit to allow the construction of a stairway on the commons. This stairway will serve only one dock site and this area has a steep slope. The new stairway was installed recently and was brought to the attention of staff when we responded to a complaint regarding residing on Mr. Hexum's house without a building permit. The request, although after-the-fact, falls within the items that are permitted uses on the commons according to City Code Section 320, the Flow Chart, the Zoning Ordinance, and the Procedure Manual. The stairway is not complete and lacks code compliance, however, this can be accomplished upon City Council approval. Staff recommends approval of the Construction on Public Lands Permit to allow replacement of a stairway as requested, subject to the following: The applicant is responsible for all costs incurred, including installation and maintenance. The new stairway shall be in compliance with the Building Code and inspected and approved by the Building official. The permit will expire five (5) years from the date of City Council approval. 4. The permit must be renewed with change in Dock License holder. The applicant's dock license will not be issued until compliance has been achieved and the stairway is approved by the Building official. Mr. Hexum clarified for the Commission that the stairway was constructed in the same footprint as the previous stairs, and the Building Official has required handrails on both sides of the stairway due to the height from grade, and there is some concern relating to the transition over the riprap area which they need to discuss. MOTION made by Casey, seconded by Byrnes to recommend approval of the Construction on Public Lands Permit as recommended by staff. Motion carried unanimously. This request will be heard by the City Council on December 14, 1993. & II a,,, & CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (6t2) 472-0620 STAFF REPORT DATE: TO: FROM: ABUTTING PROPERTY: AB~G OWNER: COMMONS: DOCK SITE: CLASS: SUBJECT: December 2, 1993 Park & Open Space Commission Meeting Park and Open Space Commission and Applicant Jon Sutherland, Building Official''~-~'f~"') ' Jim Fackler, Parks Director 1543 Bluebird Lane Part of Lots 1, 2, & 32, Block 6, Woodland Point Mr. Lyn Hexum Waurika Common 01560 C Construction on Public Land Permit Application to Replace a Stairway Backeround The applicant has applied for an after-the-fact permit to allow the construction of a stairway on the commons. This stairway will serve only one dock site and this area has a steep slope. The new stairway was installed recently and was brought to the attention of staff when we responded to a complaint regarding residing on Mr. Hexum's house without a building permit. printed on recycled Staff Report 1543 Bluebird Lane December 2, 1993 The request, although after-the-fact, falls within the items that are permitted uses on the commons according to City Code Section 320, the Flow Chart, the Zoning Ordinance, and the Procedure Manual. The stairway is not complete and lacks code compliance, however, this can be accomplished upon City Council approval. Staff Recommendation Staff recommends approval of the Construction on Public Lands Permit to allow replacement of a stairway as requested, subject to the following: The applicant is responsible for all costs incurred, including installation and maintenance. The new stairway shall be in compliance with the Building Code and inspected and approved by the Building Official. 3. The permit will expire five (5) years from the date of City Council approval. 4. The permit must be renewed with change in Dock License holder. e The applicant's dock license will not be issued until compliance has been achieved and the stairway is approved by the Building Official. The abutting owners have been notified. This request is scheduled to be heard by the City Council on December 14, 1993. CITY OF MOUND 5341 MAYWOOO ROAD MOUND. M~NNESOTA 55364-1687 {612) 472-0600 FAX (612! 472-0620 November 24, 1993 Mr. Lyn Hexum 1543 Bluebird Lane Mound, MN 55364 SUBJECT: VIOLATION OF CITY CODE SECTION 320, SUBD. 1, CONSTRUCTION OF STAIRWAY ON COMMONS WITHOUT PERMIT Dear Mr. Hexum: Enclosed is a citation as we discussed on the phone and our staff report for your stairway permit application. It is unfortunate we are all in this after-the-fact situation. I hope that in the future your contractor will contact the City staff beforehand and avoid this trouble. I realize you had an agreement wherein the contractor was to obtain all permits, however, it is the City's position that you, the abutting owner, are ultimately responsible for the stairway permit. Please contact me if you have any questions or further comments. ~F6n Sutherland Building Official JS:pj Enclosures CC: Mike Landon, 591Kunz Dr., Maple Plain, MN 55359 Ed Shukle, City Manager CITY PUBLIC LAND PERMIT APPLICATIOI~ OF MOUND, $341 Ma~-wood Road. Mound. Phone: 472-0~00, Fax: 4?2-0620 pistribution: V"~CC _~ r<n Building Official MCWD DNR LMCD TYPE OF APPLICATION (chock one)8 I I I., I NOV 2 3 1993 55364 MOLIND PLANNING & iNSP. Date Received { lq8~9~_ Park Meeting Date~ City Council Date CONSTRUCTION ON PUBLIC LAND PERMIT - new constr.ction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOATHOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1), PUBLIC LAND MAINTENANCE PERMIT - to altow repair, to an exi,t£ng etructure (City Code Section 320, Subd. 3). CONTINUATION OF STRUCTURE - to a~xow an ,xi.ting improvement to remain in an "ac is" condition (City Code Section 320, Subd. 3), ' ' LAND ALTERATION - change in ehoreiino, drainage, m. , elope, trees, vegetation, fill, otc. (City Code Section 320, Subd. 4). like boathouses, patio sheds, etc. are all NONCONFORMINO USES. It is the intent of the City to bring &Il these uses into conformance which means that those structures will at some time Ln tho future have to bo removed from the public lands. All per~£te granted are for a lA, ired tho, are non-transferable, and tho etructuro must meet State Building Code. ADDRESS OF ABUTTING PROPERTY ! %~q ~ OW%IER' S HAME L v !4, LEGAL DESCRIPTION OF ABUTTING PROPERTY: ~DITION ~Oe~ Irx~a ~O,~ ~ PID $ ~CESITE~ ~{~O SHORE~DC~SSIFICATION ~ APPLI~SN~E & ADDRESS (if different) CONTRACTOR PERFORMING CONTRACTOR' S bJ)DRESS. CONTRACTOR' S LICENSE # OWNER'S DAY PHONE VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) :..//O O O, o~ signature of Applicant /fro,, ~, /~ ~ 7 Date .r for London Cc~psny tn SZoek 6, Wo~l~d ~tn~ .. r--~T~..$ / i~.nnepin ~ty~ ~nnasote ~ ' ' ~u~/~ "' ~ C-rti.~lcat, of ~urv-y: I hereby certify that this is a true and correct reprasentation of a su~ey or the ~o~darl~s of that part of ~ts 1, 2, and ]2, ~ock 6, Woodland Point, lyin,; ~s~-rly of the followinF~,scrt~ line = roint on th~ ~u:heast-rly lin- of sWid. , ./ / fly of th ~ginntnF. at Lt 32 Scale= 1" = 40' Date m 5-8-72 o I Iron marker ~;rdo~ .~. land Surve.vor and. Planner ~on(I Lak,~ {~lun,sota distant 2/. feat Northeast-fly from th~ most Southerly corner of said Lot 32; thenc~ Northwest-fly ~zrul]~l with the ~outhwestorly line of seid Lot 32 a dtst-,r.c- of 57 f~t; tt;*ne- de- flecting, ri~.ht 80° to th: Northeasterly ltn~ cf ?~,id Lot 2, ,,,,' thor- ,haling. It does not purport to Show Lmprowr.~nt.; or $/ /$ /& /j January 26, 19~25 Counc|lmember Polston moved the following resolution. RESOLUTION NO. 82-28 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND GRANT THE ISSUANCE OF MAINTENANCE PERMITS FOR STAIRWAYS ON WAURIKA COMMONS ADJACENT TO 1543 AND 1545 BLUEBIRD LANE WHEREAS, Richard Jacobson of 1543 Bluebird Lane and Lowell Swenson of 1545 Blue- bird Lane have applied for a maintenance permit for stairways adjacent to their properties on Waurika Commons, and WHEREAS, the Park Commission has recommended approval of the maintenance permits for the stairways be granted, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That the City Council does hereby concur with the recommendation of the Park Commission and grant the issuance of maintenance permlts for stairways on Waurika Commons adjacent to 1543 and 1545 Bluebird Lane. A motion for the adoption of the foregoing resolution was duly seconded by Council- member Charon and upon vote being taken thereon; the following voted in favor there- of: Charon, Polston, Ulrick and Lindlan; the following voted against the same: none; the followlng being absent: Swenson; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. Ma~r -~' - r Attest: A~ting City Clerk EESOLUTION NO. 75-173 RESOLUTION DIRECTING THE DOCK INSPECTOR TO ALL(M THC~E DOORS EXISTING ON WAURIKE AND WAWONASSA C(~.IONS AND /!,lO ADDITIONAL DOCKS TO SERVE THE STUTH kND ALVAREZ PROPERTIES FOR THE YEAR 1975; WITH NO CONSTRUCTION OF STAIRWAYS ON THE C(2~MONS; TYPE "D" GUIDELINES SHALL APPLY TO THE STUTH AND ALVAREZ DOCKS BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That the dock inspector be directed to allow those docks existin9 on Waurike and Wawonass8 Commons with two additional docks to serve the Stuth and Alvarez properties for the year 1975. Be it further resolved: That no construction of stairways will be per- mitted on the Commons, and That Type 'U" Guidelines shall apply to the Stuth and Alvarez docks. Adopted by the Council this 29th day of April, 1975. 75-157 -22 -75 RESOUJTION NO. 75-157 A RESOLUTION R~PEALING RESOLUTION NO. 75-132 AND DIRECTING R~;OVAL OF THE STAIRi'~'AY WHE. ~REAS, the Council on March 25, 1975, adopted a resolution authorizing two docks at the end of Block 6, Woodland Point on Waurika Commons and ft, rther provided that plans and specifications be provided and approved by the Council prior to construction, and plans and specifications have been presented and the only practical way that the docks can exist is to tie stairs, a platform and the dock together as one unit, and kU~EP~AS, the proposed construction would cut off the public shoreland from public use because this would be one solid unit of wood across public land so that people walking along the shore would be unable to use the public shoreline without having to climb over the pro- posed unit and that the effect of proposal would provide a private stair, dock and walkway on public land, NOW, THEREFORe, BE IT RESOLVED BY /"HE CITY COUMCIL OF MOUND, MOUND, ~I ~,,~ o 0 TA. Resolution No. 75-132 and the authority for docks, stairways and construction contained therein is hereby repealed. J The stairway constructed on public commons in front of Lot 2, Block 6, Woodland Point shall be removed and no docks. shall be allowed in this area all in accordance with the recommendations of the Park Advisory Conmtission. Adopted by the Council on this the 22nd day of April, 1975. RESOLUTION NO. 75-1~2 RESOLUTION PERP,~TTING ONLY TWO DOCKS EAST OF TEE STAIRWAY IN FRONT OF LOT 2, BLOCK 6 ,WOODLAND POINT TO SERVE ~':0 PROPERTIES ON PARTS OF LOTS 1,2,3,4,5 AND 32, BLOCK 6, WOODLAND POINT - Plat 62200, PARCELS 3060 and 3080 AND PRGVIDING FOR TEE COUNCIL TO APPROVE pLANS AND SPECIFICATIONS BEFORE CONSTRUCTION BE IT RESOLVED BY TEE CITY COUNCIL OF MOUND, MOUND, MII~TESOTA: That only two docks be permitted at the eud of Block 6, Woodland Point on Waurika Commons; these docks to be located east of the stairway in front of Lot 2, Block 6, to be designated Dock 01624 and Dock 01625. These two docks are to serve the two properties of Lot I and Part of Lots 2 and 32 (Parcel 3080) and P~rt of Lots 2,3,4,5 and 32 (Parcel 3060). These docks are to be by a platform 4 feet wide and 20 feet long, extending from the west end of the stairs in an easterly direction. The platform is to be built at the owners' expense. All plans and specifications are to be approved by the City Council prior to construction. The platform is to be constructe&in accordance with the plans and specifications provided, and under the super- vision of the Inspector, and after the platform is completed it is to be dedicated to the City of Mound to become the property of Mound for care and maintenance. Adopted by the Council this 25th day of March, 1975. "' ' '" i .il Parks Program: Approved Budget $12,435.00 * 1.5 Days of No Programs Due to Weather Were Noted During the Summer Parks PrOgram. Beach Program: Approved Budget $20,702.00 * 9.5 Days of No Lifeguards Due to Weather Were Noted During the Summer Beach Prbgram. December 14, 1993 RESOLUTION NO. 93- RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR VFW POST #5113, 2544 COMMERCE BLVD. BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves a Premises Permit Application for the VFW Post #5513, 2544 Commerce Blvd., Mound, MN. 55364, for lawful gambling. ST~TE O~ H~NNESOTA P~ZSE$ P~J~ZTJ~'N~IA~ APP~ZCATZON LG214PPR PRINTED:Il/05/93 LICENSE NUMBER: A-O0469-003 EFFECTIVE DATE: 05/01/92 EXPIRATION DATE: 04/30/94 NAME OF ORGANIZATION: VFW Post 5113 Mound GAMBLING PREMISES INFORMATION NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED VTW Post 5113 2544 CommeFco Bird Mound 55364 COUNTY ~XN IS THE PREMISES LOCATED WITHIN THE CITY LXMITS?~ Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: Yem IF NO, LIST THE LESSOR: NAME OF PROPERTY OWNER (WHEN NOT LESSOR): SQUARE FEET PER MONTH: 0 SQUARE FEET PER OCCASION: 0 AMOUNT PAID FOR RENT PER MONTH: 0 AMOUNT PAID PER OCCASION: ¢ BINGO ACTXVX~"I BINGO IS CONDUCTED ON THIS PREMISES: Yes IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT 2544 Commerce Bird Mound NN 55364 Sfl_~:)RAGE ADDRESS Marquette Bank Mound 2220 Commerce Blvd Mound MN 55364 BANK XNFORMATXON GAMBLING BANK ACCOUNT NUMBER: 0024315 ON THE I~INES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FIINDS .... , . 5 y (BE SURE TO COMPLET~ THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST GAMBLING PRKNISg8 AIJTHORISATION I HEREBY GIVE ~NSENT ~ ~ ~ EN~RCE~NT OFFICERS~ T~ G~LING ~ROL ~ OR AGENTS  BO~, OR T~ ~ISSIONER OF ~NUR OR PUBLIC S~ETY, OR AGENTS OF T~ ~I~IO~, ER T~ P~ISES ~ ENFORCE ~ ~CO~S I~TION T~ G~BLING ~NTROL BO~ IS AUTHORIZED ~ INSPE~ THE B~K ~S OF T~ G~BLING AC~T ~EN~R ~CESS~Y ~ FULFILL ~UI~NTS OF CU~NT G~BLING R~S ~D STATUTES· I DECLARE THATI · I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; · ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; · ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; · I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGARIZATION; · I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ~ GAMBLING ACTIVITIES TO BE CONDUCTED; · I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERNIT~ TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; · ~ CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; · I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. DAT~ LOCAL (K)VERNMEHT ACKNOWLEDGMENT CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY ITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE IX)CAL UNIT OF GOVERNMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. ~ CO~Y OF TH~ LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST B~ ~TTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO TIlE GAMBLING CONTROL BOARD. TOWNSHXP ~ BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. CITY* OR COUNTY** TOWNSHIP** CITY OR COUNTY NAME J TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION TITLE /-]_ DATE RECEIVED TITLE REFER TO TH~ CHECKLIST FOR REQUIRED ATTACRNENTS MAIL TOI GAMBLING CONTROL BOARD 1711 W COUNT~ RD B - SUITE 300 8 ROSEVI~,~.~, Nlq $~113 SIGNATURE OF PERSON RECEIVING APPLICATION DATE RECEIVED RESOLUTZON NO. 93- RESOLUTZON DESZGNATZNG THE CZTY OF MOUND AS THE LOCAL OOVEI~.~MEN? UNIT (LGU) REGULATZNG THE ~KTLAND CONSERVATZON ACT OF 1991 MHEREAS, on January 1, 1994, the rules promulgated pursuant to the We=land Conservation As= of 1991 w111 take effect; and WHEREAS, under these rules, the local government unit (LGU) i8 responsible for administering the rules in which the wetlands in question ere located; and WHEREAS, it ts in the best interest of the City to appoint itself ~he NOW, THEREFORE, BE IT RESOLVED ~hat the City Council of the City of Mound, Minnesota does hereby designate Itself ns the local governmen= unit (LGU) to administrate th8 Wetland Conservation Act of 1991. "/13:2. (3/e/93) Ii · Ii, I DEPOT RENTAL AGREEMENT City of Mound 5341 Maywood Road, Mound, MN 55364 Phone 472-0600, Fax 472-0620 THE UNDERSIGNED AGREES TO OBSERVE ALL CITY ORDINANCES AND STATE LAWS AND IS RESPONSIBLE FOR ANY DAMAGE DONE TO THE ABOVE PUBLIC FACILITY, AND FOR PROPERTY CLEAN-UP OF THE BUILDING AND SURROUNDING GROUNDS AS DESCRIBED IN THE P, ENTAL POLICY. NO LIQUOR IS ~[.r4~WED IN ANY OF THE CITY PARKS OR BUILDINGS. ?//_ J / RENTER'S 5IGNAT~E DATE *********************************************************************** OF INSPECTION: ~PROVED BY: R~SON FOR NOT RET~ING DEPOSIT: DATE DEPOSIT R~ED/~CEIVED: *************************************************************************** $200 $1uO per day $50 per day $25 per day FREE Cancellations Rental Fees DAMAGE AND CLEAN-UP DEPOSIT. Your deposit check will be held by the City of Mound and returned to you by mail after inspection of the Depot by the Parks Director. NON-MOUND RESIDENTS for sample sales, plus the purchase of a Peddlers License. CIVIC AND NON-PROFIT CHARITABLE ORGANIZATIONS FORM OTHER COMMUNITIES for rummage sales, parties, craft sales, etc. MOUND RESIDENTS for private use, parties, rummage sales, craft sales, etc. Also for churches and Sunday schools on approval of the City Council. MOUND WESTONKA COMMUNITY CIVIC AND NON-PROFIT CHARITABLE ORGANIZATIONS (provided clean-up is made after the meeting) such as, but not limited to the following: Jaycees, K.C.'s, Lions, Rotary, Free B's, Women's Sewing Guild, Garden Clubs, Women's Clubs, Westonka Chamber of Commerce, Historical Society. One day is considered 7:00 a.m. to midnight. $25 of the rental fee will not be refunded if a reservation is cancelled with less than 30 days notice. _$25.00 Day - Single Concert _$200.00 Yr.- Annual Concert / . License Year Annual Concert CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 LIVE MUSICAL CONCERT EVENT: o. TYPE OF CONCERT: ~... ~.~o~ o~ co.c~: . (m~,~.~ ~ ~ WORK PHONE t: - . WO~ PHONE ~C. 450:Z5. pQIi¢, Officer In A~tendnnc~ it I~ incu~,nt ~¢xfl every ttc~s~ to ~ovi~ f~ the ntt~e of ~tlce officer~, ~ty ~ ~ the ~ief of Police, eM in sufficl~t ~r$ to mintain ~e ~ or~r ~ri~ *[[ ti~ in ~ich , ~e or [i~ ~{c c~ert i~ ~i~ held. Date Applicant' DeDartment Appr,oval/DeDial (Submit memo if denied) Approved Police Dept. Adm. Bldg. Dept. Fire Dept. Denied PUBLIC GATHERING PERMIT Use of a public park or commons by any group consisting of 15 or more ~ndividuals. Use is not to interfere wi~h traffic and general use of the park or commons or to be beyond.the ability of the police in maintaining order. NO LIQUOR MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS Group is to remove all litter and trash 'and provide a desopit to insure cleaning up of the park area. Deposit Date of Use Time Frame Intended Use ~q~\~ Expected Attendance Organization }~!~ Representatives Name Telephone No. Home: D~iver, Lic. No. ~_ DEPARTMENT APPROVAL City Manager Police Dept. Park Dept. PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 93-058 NOTICE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A DRAINAGE EASEMENT LOCATED AT 2563 LOST LAKE ROAD, LOT 18, BLOCK 1, LOST LAKE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, January 11, 1994 to consider a request to vacate a drainage easement at 2563 Lost Lake Road, Lot 18, Block 1, Lost Lake. The legal description of the easement to be vacated is as follows: That part of the drainage easement dedicated to the public in Lot 18, Block 1, Lost Lake, which lies southwesterly of the following described line and its extensions: Commencing at the most northerly line of said Lot 18; thence an assumed bearing of South 19 degrees West along the westerly line of said Lot 18 a distance of 39.64 feet to an angle point in said westerly line; thence South 41 degrees West along said westerly line a distance of 4.00 feet to the point of beginning of the line to be described; thence South 69 degrees 45 minutes East to the East line of said Lot 18, and said line there ending. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' by December 29, 1993, publish in "The Laker" on December 27, 1993 and January 3, 1993, and posted by December 29, 1993. c113 CITY OF MOUND CASE NO. 93-059 MOUND, MINNESOTA NOTICE OF A~PUBLIC HEARING TO CONSIDER ISSVA C :A OW XPA S ON B-I CENTR~I~ BUSINESS DISTRICT AT OUR LADY OF THE LAKi~CHURC~, 2385 COMMERCE BLVD. NOTICE IS HEREBy GIVEN, that the .C'~ Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road~ at 7:30 p.m. on Tuesday, January I1, 1994 to consider a request by Our Lady of the Lake Church to al.low expansion of the church and school, which according to the Zoning Ordinance requires the issuance`, of a Conditional Use Permit. The proposed one-story addition to the existing church and school consists of a gymnasium, two meeting rooms, two locker rooms, two public toilets, office, storage rooms, kitchen, two community outreach rooms, lobby, vestibule and new elevator. The subject property is located at 2385 Commerce Blvd., legally described as follows: Lots 6, 7, 8, 9, and 10, Auditors Subdivision #167, Lots 1, 2, and 3, Guilfords Rearrangement of Mound Bay Park. All persons appeari ~n~g at said heating with reference to the ab~e will be given the opportunity to be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' by December 29, 1993, and published in 'The Laker' on December 27, 1993. 137 December 14, 1993 RESOLUTION NO. 93- RESOLUTION APPROVING THE FINAL 1994 GENERAL FUND BUDGET IN THE AMOUNT OF $2,366,950; SETTING THE FINAL LEVY AT $1,783,620; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $494,800, RESULTING IN A FINAL CERTIFIED LEVY OF $1,288,820; APPROVING THE FINAL OVERALL BUDGET FOR 1994 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following final 1994 General Fund Budget appropriations: City Council 63,130 Promotions 2,000 Cable TV 1,380 City Manager/Clerk 180,330 Elections & Registration 11,320 Assessing 48,350 Finance 151,080 Computer 24,200 Legal 81,500 Police 795,240 Emergency Preparedness 5,400 Planning and Inspection 157,850 Street 397,520 Shop & Stores -0- City Property & Buildings 102,860 Parks 136,620 Recreation 33,930 Contingencies 40,000 Transfers 134,240 TOTAL GENERAL FUND 2,366,950 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following taxes for collection in 1994: December 14, 1993 SPECIAL LEVIES Bonded Indebtedness 114,990 Unfunded Accrued Liability of Public Pension Funds Total Special Levies TOTAL LEVY TOTAL TO BE LEVIED FOR 1994 Less Homestead Agricultural Credit Aid (HACA) Certified Levy 33.350 148,340 1,635.280 1,783,620 -494.800 1,288,820 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the final overall budget for 1994 as follows: GENERAL FUND As per above 2,366,950 SPECIAL REVENUE FUNDS Area Fire Service Fund Capital Improvement Fund Capital Projects Fund Cemetery Fund Dock Fund Pension Fund TOTAL SPECIAL REVENUE FUNDS 270,190 328,880 37,500 5,240 53,680 -0- 695,490 ENTERPRISE FUNDS Recycling Fund Liquor Fund Water Fund Sewer Fund TOTAL ENTERPRISE FUNDS 104,330 340,230 834,990 1 390 280 2,669,830 SUMMARY General Fund Special Revenue Funds Enterprise Funds TOTAL ALL FUNDS December 14, 1993 2,366,950 799,820 2.565.500 5.732.270 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, held its public hearing on Thursday, December 9, 1993, for consideration of the final 1994 Proposed Budget. 3 PUBLIC NOTICE ADVERTISEMENT FOR BIDS WATER METER READ SYSTEM NOTICE IS HEREBY GIVEN that sealed bids will be received, opened and read a loud at 11:00 AM, Wednesday, January 5, 1994. Sealed bids will be received by the City of Mound for the purchase of a system to read water meters remotely. The City has approximately 3200 water meters. Each bid must be accompanied by a bidders bond of at least five percent (5%) of the amount bid, made payable to the City of Mound, as liquidated damages if the bidder, upon the letting of the Contract to bidder shall fail to enter into the Contract so let. No bid may be withdrawn for a period of thirty (30) days after the date and time set for opening of bids. The City Council reserves the right to reject any and all bids and to waive irregularities and informalities therein and further reserves the right to award the Contract in the best interest of the City. The read system must be able to electronically receive and input read data with the City of Mound's utility billing computer. Additionally, this system must be capable of being upgraded to a radio read and/or phone read system. The system must be a turn-key operation consisting of the following segments: meters, remotes, data collection devices and software, and, installation services. The proposals are due by 11:00 AM, on Wednesday, January 5, 1994. A copy of the proposal along with the required response forms may be obtained by contacting City of Mound, 5341 Maywood Road, Mound, MN 55364, 612-472-0600. Published: December 20, 1993 The City Council will review and consider the bids at its regular meeting of January 11, 1994. CITY of MOUND 534~ MAYV'/OOO ROAD MOUND MtNNE$OTA5536'~ ~657 i6~2, a72-0600 FAX ,6~2! 472.0620 TO: MAYOR AND CITY cOUNCIL .~.~. FROM: ED SHUKLE, CITY MANAGER SUBJECT: PROPOSED RESOLUTION TO TERMINATE MONEY PURCHASE RETIREMENT PLAN OR 401 QUALIFIED PL]%N OF THE ICMA RETIREMENT CORPORATION When I began as city manager on January 1, 1986, I came to the city with retirement plans through the international city county Management Association (ICMA) Retirement Corporation- Basically, · olutions ~85-159, ~85-160 and $85-161 cit council through R_es __ er be a member of .the the Y . to no long . provided t~e oppo%t~n.l_ty_3~ ~sociation (PERA); to esta~lls~~ deferre ~ .... ~=~ throuah tne~ employees wishing to paruxu~ .... and establishing a money purchase retirement plan or a 401 Qualified plan which provided the opportunity for the city of Mound to contribute to a pension plan in lieu of the PERA program. since that time, the city of Mound has contributed to the 401 Qualified Plan and I have contributed to the 457 or Deferred Compensation Plan. ' ed b the ICMA Retirement Corporation Recently, I ~as adv~%s_~. ~e making in administering thee ~ that ~ecause of changes un~.~ ~: ..... ~ ' istratlon fee oz $~uu Quali ied Plan, they are estaDl~sn~n~ ~,' ~-m~nam told that this fee which will now be charged to the employer. cannot be waived. Thus, I have been investigating alternatives and it appears that it makes economic sense for me to not continue to participate in the 401 Qualified Plan, but rather roll over the monies that are in my account into an individual retirement account (IRA). This also benefits the city, because the city of Mound would have been responsible for paying the $500 administration fee on an annual basis. Effective January 1, 1994, the city's contributions that have been going into the 401 Qualified plan will be shifted to the 457 printed on recycled paper Deferred Compensation program of the ICMA Retirement Corporation. I have been contributing to the 457 while the city has been contributing to the 401. With the changes I have described, the city will be making its contribution to the 457 plan and will be paying FICA or social Security tax on the contribution. However, the FICA tax is considerably less than what the administration fee is if I were to continue in the 401 Qualified plan. If you have any questions, please contact me. RESOLUTION TION TO TERMIN]%TE THE 401 QU]%LIFIED RESOLU ..... m=~ INTERN]%TIONAL PLaN ~%DMINISTER~'U ~x ~u ....... RETIREMENT CORPOKA'r~v~ WHEREAS, on December 10, 1985 Resolution No. 85-161 ,,Resolution to Establish a Money Purchase Retirement Plan" was approved by the Mound city Council; and WHEREAS, the purpose of this resolution was to establish a money purchase retirement plan or a 401 Qualified Plan for eligible employees of the city of Mound; and WHEREAS, under federal and state laws, the money purchase plan or 401 Qualified plan can only exist for employees who are not under any other qualified plan; and WHEREAS, in the case of the city of Mound, the only eligible employee is Edward J. Shukle, Jr., city Manager; and · city Manager has been advised by the iCMARetiremen~ ~ ~ and Qualified plan will be taking place beginning January 1, 1994; WHEREAS, these changes do not make the 401 Qualified plan a feasible option for retirement. NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Mound terminates the money purchase plan or 401 Qualified plan of the ICMA Retirement Corporation effective December 31, 1993. BE IT FURTHER RESOLVED, that the city of Mound will notify the ICMA Retirement Corporation of this action so that Edward J. Shukle, Jr., City Manager, may roll over previously contributed funds by the City of Mound to the 401 Qualified plan into an individual retirement account (IRA). BE IT ALSO RESOLVED, that the city of Mound will continue to contribute to the city Manager's retirement plan by making its contribution to the ICMA 457 Deferred Compensation Plan effective January 1, 1994. The following Councilmembers voted in the affirmative: The following councilmembers voted in the negative: Mayor erk 260 December 10, 1985 RESOLUTION NO. 85-161 RESOLUTION TO ESTABLISH A .. RESOLUTION of City of Mound, Minnesota (,'Employer"). WHEREAS, the Employer has employees rendering valuable services; and WHEREAS, the establishment of a Money Purchase Plan will bene- fit employees by providing funds for retirement and funds for their beneficiaries in the event of'death; and WHEREAS, the establishment of a Money Purchase Plan will assist the Employer to attract and retain qualified personnel; and .W~.EREAS, the Employer desires that is Money Purchase Plan be administered by the ICMA Retirement Corporation; IT RESOLVED that the Employer es~a~lis~e'_~__ NOW THEREFORE BEin the form of the ICMA Retirement corporation Money Purchase Plan Prototype Money Purchase Plan and Trust, pursuant to the specific provisions'of the executed Adoption Agreement- The Pl'an and the Trust forming a part hereof are established and shall be maintained for the exclusive benefit of eligible employees and their bene- f iciar les. .~~/~~ _ Mayor - City Clerk , City Clerk of the I, Fran n . lar . foregoing resolution City of Mound do hereby certify that the was duly sed b Councilmember Peter$on p~r=o~p~o~a an Yadopted at a r~gular meeting of the City council of the City of Mound, Minnesota thereof assembled this 10th day 6f December, 1985, by the following vote: ~' City Clerk AYES: .lessen, Paulsen, Peterson, Polston and Smith. NAYS: none ABSENT: none (SEAL) Mound City Code Section 540:00, Subd. 4. Two-Family Usage and Multiple Dwelling Usage - Is computed on the same basis as a single dwelling, except that the total quarterly charges on all such properties shall not be less than the number of units multiplied by the $9.80 per month, minimum charge per unit. Water used but not placed into the sanitary sewer may be deducted providing it is metered. Dwellings Connected to Sewer but not Connected to Municipal Water - Shall pay a quarterly rate of $34.95. If such users wish to pay sewer rates based on gallons of water used, they can purchase a water meter from the City and have their own plumber install the meter on their well. Commercial and Industrial - The quarterly sewer rate is baed on the actual amount of water used each month on the same cost scale as residential (see above). Water used but not placed into the sanitary sewer may be deducted providing it is metered. Availability Charge - All dwellings not connected to the sanitary sewer must pay an availability charge of $29.40 per quarter whether occupied or vacant. Late Fee Penalty - For all bills not paid on or before the due date specified on the bill, a 10% late fee will be added. 13 610:45 Water Gallonage Rates a. Service charge of $1.15 per month, per account b. For all water consumed: $1.05 per 1,000 gallons Res. #93- 9/14/92 ~ NO. 93- I~ESOLUT~ON AME~ING SECTION 540:00, SUBD. 3 OF THE CITY CODE RELATING TO SEWER RATES; AND AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE RELATING TO WATER RATES Section 540 - Sewer and Water Rates. Cha~es and Fee~ Section 540:00. Sewer and Water Rates. Charges and Fees. Subd. Code Conditions No. Section Type of License and Terms Amount 3 600:45 Treatment Rates Sewer Rates Residential Quarterly Charge Res. 93- Quarterly sewer charge For 10,000 gallons or less All over 10,000 gallons, per 1,000 gallons 1.85 Minimum Quarterly Bill 29.40 NOTE: The above minimum applies to each single family dwelling or apartment which is in accordance with existing sewer department policy. $29.40 Minimum Commercial, Including Large Apartments Monthly Charges Res. 93- Monthly Sewer Charges (Large Users) For 3,000 gallons or less All over 3,000 gallons, per 1,000 gallons NOTE: Minimum Monthly Bill per apartment $ 9.80 Minimum 1.85 9.80 Single Family Dwelling - The sewer rate shall be based on the actual usage or the first quarter actual water usage, whichever is less. 9/14/92 I,I I , 13 Mound City Code 610:45 Section 540:00, Subd. 4. Two-Family Usage and Multiple Dwelling Usage - Is computed on the same basis as a single dwelling, except that the total quarterly charges on aH such properties ShalI not be less than the number of units multiplied by the $9.80 per month, minimum charge per unit. Water used but not placed into the sanitary sewer may be deducted providing it is metered. Dwellings Connected to Sewer but not Connected to Municipal Water - Shall pay a quarterly rate of $34.95. If such users wish to pay sewer rates based on gallons of water used, they can purchase a water meter from the City and have their own plumber install the meter on their well. Commercial and Industrial - The quarterly sewer rate is baed on the actual amount of water used each month on the same cost scale as residential (see above). Water used but not placed into the sanitary sewer may be deducted providing it is metered. Availability Charge - Ail dwellings not connected to the sanitary sewer must pay an availability charge of $29.40 per quarter whether occupied or vacant. Late Fee Penalty - For all bills not paid on or before the due date specified on the bill, a 10% late fee will be added. Water Gallonage Rates a. Service charge of $1.15 per month, per account b. For aH water consumed: $1.05 per 1,000 gallons Res. #93- 9/14/92 ~N~ N ~iNG SECTION 540:00, SUBD. ~OF THE CITY CODE RELATING TO SEWER RATES; AND AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE . ._. RELATING TO ,~ATER RATF~ "' /~ W r h n Section 540:00. ~ Conditions Subd. Code ~ ~dJ_q_R ~T~ue of Licens~  600:45 T~tment ~t~ ~ Quarterly Char?.g_ Quarterly sewer charge $29.40 Minimum For 10,000 gallons or less All over 10,000 gallons, 1.85 per 1,000 gallons 29.40 Minimum Quarterly Bill NOTE: The above minimum applies to each single family dwelling or apartment which is in accordance with existing sewer department policy. ~Commercial, Including Lar~ Monthly Sewer Charges (Large Users) For 3,000 gallons or less All over 3,000 gallons, per 1,000 gallons NOTE: Minimum Monthly Bill per apartment ~Monthlv Charges $ 9.80 Minimum 1.85 9.80 Single Family Dwelling - The sewer rate shall be based on the actual usage or the first quarter actual water usage, whichever is 9/14/92 BILLS- December 14, 1993 BATCH 3113 BATCH 3114 TOTAL BILLS $150,190.28 107,702.16 $257,892.44 & · ii, CZ: Z 0 '~' ZZ I, , 41 : 419o" 'Z o o o o o1~ 4'4' I'1 ! ! ~J[ ..J 0 I-- ID,. LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-621¢ Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Len Harrell Monthly Report for November 1993 STATISTICS The police department responded to 1,183 calls for service during the month of November. There were 25 Part I offenses reported. Those offenses included 3 criminal sexual conduct, 9 burglaries, 12 larcenies, and 1 arson. There were 56 Part II offenses reported. Those offenses included 6 child abuse/neglect, 1 forgery/NSF check, 2 narcotics, 12 damage to property, 3 liquor law violations, 5 DUI's, 4 simple assaults, 6 domestics (4 with assaults), 7 harassments, 2 juvenile status offenses and 8 other offenses. The patrol division issued 186 adult citations and 3 juvenile citations. Parking violations accounted for an additional 11 tickets. Warnings were issued to 88 individuals for a variety of violations. There were 3 adults and 4 juvenile arrested for felonies. There were 19 adults and 5 juveniles arrested for misdemeanors. There were an additional 10 warrant arrests. The department assisted in 5 vehicular accidents. There were 33 medical emergencies and 242 animal/inspections complaints. Mound assisted other agencies on 32 occasions in November and requested assistance 4 times. Property valued at $13,091 was stolen in November. MOUND POLICE DEPARTMENT MONTHLY REPORT - NOVEMBER 1993 II. INVESTIGATION The investigators worked on five criminal sexual conduct cases and 12 child protection issues in November. These 17 cases accounted for 85 hours of investigative time. Other cases included assault, theft, forgery/NSF checks, stalking, burglary narcotics, robbery, harassing communications, vehicular accident, and vandalism. Formal complaints were issued for possession of marijuana, no insurance, assault, worthless checks, criminal sexual conduct, driving after cancellation, and boating while intoxicated. III · Personnel/Staffinq The department used approximately 49 hours of overtime during the month of November. officers used 70 hours of comp-time, 130 hours of vacation, 16 hours of sick time, and 35 holidays, officers earned 31 hours of comp-time. IV. Training One officer attended intoxilyzer school for one week, one attended EMT refresher, one attended the Wilson Supervisory & Leadership Course, and each officer attended firearms training. Vo Police Reserves The Reserves donated 258 hours during the month of November. OFFENSES REPORTED CLEARED UNFOUNDED NOVEMBER EXCEPT. CLEARED 1 9 9 3 CLEARED BY ARREST ARRESTED ADULT JUVENH- PART I CRIMES Homicide 0 0 0 0 Crimina[ Sexua[ Conduct 3 0 1 0 Robbery 0 0 0 0 Aggravated Assault 0 0 0 0 Burg[ary 9 0 0 1 Larceny 12 1 2 2 Vehicle Theft 0 0 0 0 Arson 1 0 0 0 0 0 3 0 0 0 0 0 0 2 0 2 0 0 0 0 TOTAL 25 1 3 3 3 PART Il CRIMES ChitdAbuse/Negtect 6 3 1 0 1 Forgery/NSF Checks 1 0 1 0 0 Crimina[ Damage to Property 12 0 3 0 0 Weapons 0 0 0 0 0 Narcotics 2 0 0 2 2 Liquor La~s 3 0 0 3 4 DWl 5 0 0 5 5 Simpte Assautt 4 1 2 0 0 Domestic Assau[t 4 0 0 3 2 Domestic (No Assautt) 2 0 0 0 0 Harassment 7 1 1 0 0 Juvenile Status Offenses 2 0 0 2 0 Public Peace 0 0 0 0 0 Trespassing 0 0 0 0 0 At[ Other Offenses 8 0 0 6 5 0 0 0 0 0 0 0 0 1 0 0 3 0 0 1 TOTAL 56 5 8 21 19 PART Ill & PART IV Property Danage Accidents 5 Persona[ Injury Accidents 0 Fata[ Accidents 0 Nedicats 33 Animal CompLaints 242 Nutua[ Aid 32 Other Genera[ Investigations 76~ TOTAL 1,0?& Nennepin County Chitd Protection 9 Inspections 19 TOTAL 1,183 11 24 22 1 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT NOVEMBER 1993 GENERAL ACTIVITY SUMMARY THIS MONTH Hazardous Citations 94 Non-Hazardous Citations 85 Hazardous Warnings 28 Non-Hazardous Warnings 26 Verbal Warnings 74 Parking Citations 11 DWI 5 Over .10 5 Property Damage Accidents 5 Personal Injury Accidents 0 Fatal Accidents 0 Adult Felony Arrests 3 Adult Misdemeanor Arrests 29 Adult Misdemeanor Citations 3 Juvenile Felony Arrests 4 Juvenile Misdemeanor Arrests 5 Juvenile Misdemeanor Citations 0 Part I Offenses 25 Part II Offenses 56 Medicals 33 Animmal Complaints 242 Other Public Contacts 762 YEAR TO DATE 624 644 165 281 1,157 304 70 56 70 22 0 39 274 38 41 76 11 302 690 366 1,322 8,731 LAST YEAR TO DATE 675 287 129 398 1,045 462 58 41 70 18 0 49 385 113 47 93 44 312 671 252 819 6,300 TOTAL 1,495 Assists 53 Follow-Ups 16 Henn. County Child Protection 9 Mutual Aid Given 32 Mutual Aid Requested 4 15,283 455 284 54 119 43 12,268 756 268 54 129 49 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 NOVEMBER 1993 ADULT 5 5 1 9 0 87 1 1 19 0 2 0 1 0 45 0 1 11 1 2 1 1 0 197 JUV 0 0 0 0 0 2 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 MOUND POLICE DEPARTMENT MONTHLY REPORT NOVEMBER 1993 WARNINGS No Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL ADULT 1 29 14 0 3 31 0 0 0 7 85 JUU 0 1 2 0 0 0 0 0 0 0 WARRANT ARRESTS Felony Warrant Misdemeanor Warrants 0 10 Ru~: 7-Dec-93 9:53 PRO03 MOUND POLICE DEPARTMENT Page 1 Primary ISN~s onty: No Date Reported range: 10/26/93 - 11/25/93 Activity codes: AIl Property Status: ALL Property Types: ALI Property Descs: AL[ Brands: AIl Models: ALL Officers/Badges: ALL Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Prop [nc no ISN Pr Prop Date Rptd Stoten Tp Desc SN Stat Stoten Vatue Date Recov~d Quantity Act Recov~d Value Code 6 93002173 01 01 S 10/31/93 400 B BICYCL 93002140 01 01 S 10/28/93 200 C 93002271 01 01 S 11/12/93 10018 D 93002271 01 02 S 11/12/93 190 E 93002257 01 01 R 11/11/93 1 G 93002137 01 02 S 10/28/93 125 G 93002155 01 02 S 10/29/93 500 G 93002156 01 01 S 10/29/93 200 G 93002156 01 02 S 10/29/93 200 G SHOTGU 93002137 01 01 S 10/28/93 ?5 J 93002309 01 01 R 11/18/93 10 R 93002155 01 01 S 10/29/93 1,360 R 93002160 01 01 S 10/29/93 299 R 93002160 01 02 S 10/29/93 140 R SPEAKE 93002302 01 01 S 11/17/93 100 S 93002132 01 01 S 10/27/93 1,691 S 93002155 01 03 S 10/29/93 500 S 93002156 01 03 S 10/29/93 300 S 93002156 01 04 S 10/29/93 710 T 93002124 01 01 S 10/26/93 40 T 93002133 01 01 S 10/26/93 550 T 93002252 01 01 S 11/10/93 13 T 93002274 01 01 S 11/13/93 300 T 93002291 01 01 S 11/15/93 100 T 93002324 01 01 $ 11/19/93 20 T 93002337 01 01 S 11/22/93 2,965 X 93002156 01 05 S 10/29/93 1,000 X 93002209 01 01 S 11/04/93 84 11/11/93 1 11/20/93 10 Brand Medet Off-1 Off-2 Assnd Assnd Report Totats: 13,091 11 1 F3274 418 1 U3498 DYNO VFR 418 1 TC159 CANON 421 1 TC159 421 1 U3288 421 1 TG025 D INDUSTR[ P380 404 1 B3434 S&W 1000 418 1 B3394 SPRINGFIEL 12 GA 416 1 B3394 REMINGTON 870 416 1 TG025 H R%CHARD 404 1 U3288 422 1 B3434 SAMSUNG 418 1 B3334 JVC 418 1 83334 SONY 418 1 TG159 422 1 TC169 418 I B3434 418 2 83394 EAGLE ULTRA 416 B3394 416 1 TG021 421 1 TC021 419 1 TG021 422 1 TF021 421 415 1 TGO01 404 B3434 421 1 B3494 411 415 B3394 CRAFTSMAN 416 B3894 422 25.000 Run: 7-0ec-93 11:07 CFS08 Primary ISN's onty: Reported range: range each day: HOW Received: Activity Resutted: Dispositions: Officers/Badges: Grids: Patrot Areas: Days of the week: No 10/26/93 - 11/25/93 00:00 - 23:59 Att Att Att Att Att Att Att MOUND POLICE DEPARTMENT Enfors Ca[ts For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 2 1 1 2 1 1 1 1 1 1 1 2 1 10 1 9 19 45 1 ? 10 9000 SPEEDING 9001 J-SPEEDING 9002 NO D/L, EXPIRED D/L 9004 RESTRICTED D/L 9014 STOP SIGN 9018 EQUIPMENT VIOLATION J-EOIPMENT VIOLATION 9020 CARELESS/RECKLESS 9022 EXHIBITION DRIVING 9026 OVER THE CENTER LINE 9030 CROSSWALK VIOLATION 90~ STOP ARM VIOLATION 9038 ALL OTHER TRAFFIC 9040 NO SEATBELT 9100 PARKING/ALL OTHER 9140 NO PARKING/WINTER HOURS 9200 DAS/DAR/DAC 9210 PLATES/NO-IMPROPER-EXPIRED 9220 NO INSURANCE/PROOF OF LOST ARTICLES/OTHER 9312 FOUND ANIMALS/IMPOUNDS 9313 FOUND PROPERTY Page 1 "/I/,,7 Run: 7-Dec-93 11:07 CFS08 Primary ISNfs onty: No Date Reported range: 10/26/93 - 11/25/93 Tin~ range each day: 00:00 - 23:59 How Received: ALL Activity Resulted: AL[ Dispositions: ALl Officers/Badges: ALL Grids: ALL Patrol Areas: ALl Days of the week: AIl MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9315 UNCLAIME DESTROYED ANIHALS 3 9420 DERELICT AUTO 1 9450 PROPERTY DANAGE ACCIDENTS 5 9562 CAT BITES 1 9566 ANIMAL ENFORCEMENT TICKETS 2 9710 MEDICAL/ASU 3 9T~O MEDICALS 28 9731 MEDICALS/DX 1 9732 MEDICALS/Cl 1 9800 ALL OTHER/UNCLASSIFIED 3 9801 DOHESTIC/NO ASSAULT 2 9802 PUBLIC ASSIST 2 9900 ALL HCCP CASES 9 9904 OPEN DOOR/ALARMS 7 9920 INSPECTIONS DEPARTMENT 19 9930 HANDGUN APPLICATION 4 9980 WARRANTS 10 9990 MISC. VIOLATIONS 2 9992 MUTUAL AID/8100 19 9993 MUTUAL AID/6500 8 9994 MUTUAL AID/ ALL OTHER 5 A5001 ASLT 5-UNKNCNN ACT-NO WEAPON-AOLT-FA~ 1 Page Run: 7-Dec-93 11:07 CFS08 Primary ISN's onty: ReportM ra~e: range each day: How Received: Activity Resulte~:h Dispositions: Officers/Badges: Grids: Parrot Areas: Days of the week: No 10/26/93 - 11/25/93 00:00 - 23:59 Ali Ali Ali Alt At[ Att Alt MOUND POLICE DEPARTMENT Enfors Carts For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS A5305 A5351 A5354 A5502 A5503 B33~ ASLT 5-1NFLICTS ATTEMPTS HRM-NO WEAP-CHLD-ACQ ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM ASLT 5-INFLICTS ATTEMPTS HRM-HANOS-CHLD-FAM ASLT 5-THRT BODILY HARM-NO IdEAP-ADLT-ACQ ASLT 5-THRT BOOILY HARM-NO WEAP-ADLT-STR BURG 3-UNOCC RES FRC-D-UNK WEAP-COFt THEFT BURG 3-UNOCC RES FRC-U-UNK tdEAP-CON THEFT BURG 3-UNOCC RES NO FRC-D-UNK WEAP-CON THEFT BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT BURG 3-UNOCC NRES NO FRC-U-UNK WEAP-CON THEFT BURG 4-UNOCC RES FRC-D-UNK WEAP-CC~! PROPERTY BURG 4-UNOCC RES NO FRC-D-UNK 14EAP-UNK ACT B3434 B3894 B4335 B4430 64790 BURG 4-UNOCC NRES FRC-U-UNK WEAP-UNK ACT D8500 DCSO0 F3274 I3060 J2500 J2EO0 DRUGS-SHALL AMOUNT MARIJUANA-POSSESSION DRUGS-DRUG PARAPH-POSSESS-UNK-UNK ARSON 3-FE-UNINHB-NO WEA-OT STRU-$300-$2499 CRIM AGNST FAN-MS-NEGLECT OF A CHILD TRAFFIC-GM-ORIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-ON-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH CSC 1-UNK ACT-POS AUTH-UNDER 13-F 1 2 1 1 1 2 1 1 1 1 1 1 1 1 1 J3EO0 L1051 Page 3 Run: 7-Dec-93 11:07 CFS08 Primary ISN~s on[y: No Date Reported range: 10/26/93 - 11/25/93 Time range each day: 00:00 - 23:59 How Received: Activity Resulted: Att Dispositions: Att Officers/Badges: Grids: Patrol Areas: Att Days of the week: Att ACTIVITY COOE DESCRIPTION L?021 L?O~5 M3005 M4199 M5350 N3190 P3110 P3120 TC021 TC159 TC169 TF021 TGO01 TG021 TG025 TG159 LG018 U$288 U~498 Y3230 CSC 4-UNK ACT-PARENT-UNDER 13-F CSC 4-UNK ACT-ACQUAINT-16-17-F JUVENILE-USE OF TOBACCO LIQUOR - OTHER JUVENILE-RUNAWAY DISTURB PEACE-MS-HARRASSING COHNUNICATIONS PROP DAHAGE-MS-PRIVATE-UNK INTENT PROP DAHAGE-MS-PUBLIC-UNK INTENT THEFT-501-2500-FE-BUILDING-MONEY THEFT-501-2500-FE-HOTOR VEH-OTH PROP THEFT-501-ZSOO-FE-WATERCRAFT-OTH PROP THEFT-ZO1-5OO-GH-BUILDING-MONEY THEFT-LESS 200-GM-UNKNOt-MONEY THEFT-LESS ~OO-GN-BUILDING-MONEY THEFT-LESS ZOO-GM-BUILDING-FIREARMS THEFT-LESS 2OO-GH-NOTOR VEH-OTH PROP THEFT-MS-BY CHECK-ZOO OR LESS THEFT-MS-SHOPLIFTING-ZOO OR LESS THEFT-MS-BICYCLE-NO MOTOR-ZOO OR LESS CRIN AGNST GOVN-MS-ESCAPE TAX-HTR VEH MOUND POLICE DEPARTMENT Enfors Carts For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 1 1 1 3 1 ? 11 1 1 1 1 1 1 1 1 1 2 1 1 Page **** Report Totals: 417 Run: ?-Dec-93 11:13 OFF01 Primary ISN's onty: Reported range: range each day: Dispositions: Activity codes: Officers/Badges: Grids: No 10/26/93 - 11/25/93 00:00 - 23:59 Att Att Att Att MOUND POLICE DEPARlMENl Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING A5305 ASLT 5-INFLICTS ATTEMPTS HRM-NO WEAP-CHLD-ACQ A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5502 ASLT 5-THRT BOO ILY HARM-NO ~EAP-ADLT-ACQ A5503 ASLT 5'THRT 8001LY HARM-NO WEAP-ADLT-STR B3334 BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT B3394 BURG 3-UNOCC RES FRC-U-UNK WEAP-CON THEFT BURG 3-UNOCC RES NO FRC-D-UNK WEAP-CON THEFT B3494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT B3894 BURG )-UNOCC NRES NO FRC-U-UNK WEAP-COM THEFT B44~0 BURG 4-UNOCC RES NO FRC-D-UNK I~EAP-UNK ACT B4790 BURG 4-UNOCC NRES FRC-U-UNK WEAP-UNK ACT D8500 ORUGS-SMALL AMOUNT MARIdUANA-POSSESSION 0C500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK ARSON 3-FE-UNINHB-NO WEA-OT STRU-$300-$2499 CRIM AGNST FAN-MS-NEGLECT OF A CHILD TRAFFIC-GM'DRIVE UNOER INFLUENCE OF LIQUOR TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCIO-MS-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-MS-AL 10 MORE-UNK INd-UNK VEH CSC 1-UNK ACT'POS AUTH-UNDER 13'F CSC &'UNK ACT'PARENT-UNDER 13-F CSC ~'UNK ACT-ACQUAINT-16-1?-F ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED L?021 L7075 F3274 I3060 J2500 J2EO0 J3500 J3EO0 0.0 100.0 0.0 50.0 100.0 0.0 0.0 0.0 0.0 0.0 0.0 100.0 100.0 100.0 0.0 100.0 100.0 100.0 100.0 100.0 100.0 0.0 0.0 Run: ?-Dec-93 11:13 OFF01 Primary ISN's onty: No Date Reported range: 10/26/93 - 11/25/93 Tim~ range each day: 00:00 - 23:59 Dispositions: Activity codes: Officers/Badges: Alt Grids: Att 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 CLEAREO M3005 JUVENILE-USE OF TOBACCO I 0 I 0 0 1 0 I 100.0 M4199 LIQUOR - OTHER 3 0 3 0 3 0 0 3 100.0 M5350 JUVENILE'RUNAWAY 1 0 1 0 0 1 0 1 100.0 N3190 OISTURB PEACE-MS~HARRASSING COMMUNICATIONS 7 1 6 5 0 0 1 1 16.6 P3110 PROP DAMAGE'MS'PRIVATE'UNK INTENT 9 0 9 6 0 0 3 3 33.3 P3120 PROP DAMAGE'NS'PUBLIC'UNK INTENT 1 0 1 1 0 0 0 0 0.0 TC021 THEFT'501'2500'FE'BUILDING'MONEY 1 0 1 0 0 0 1 1 100.0 TC159 THEFT'SO1-2500'FE'MOTOR VEH'OTH PROP 1 0 1 1 0 0 0 0 q TC169 THEFT'501'2500'FE-WATERCRAFT'OTH PROP 1 0 1 1 0 0 0 0 0.0 TF021 THEFT-201-5OO-GM'BUILOING-NONEY 1 0 1 1 0 0 0 0 0.0 TGO01 THEFT'LESS 200'GM-UNKNOWN'MONEY 1 0 1 1 0 0 0 0 0.0 TG021 THEFT'LESS 200'GM-BUILDING'MONEY 2 0 2 1 0 0 1 1 50.0 TG025 THEFT-LESS 200'GM'BUILOING-FIREARMS 1 0 1 I 0 0 0 0 0.0 TG159 THEFT-LESS 200'GM'MOTOR VEH'OTH PROP 1 0 1 1 0 0 0 0 0.0 U3018 THEFT-NS-BY CNECK-2OOOR LESS 1 0 1 0 0 0 1 1 100.0 U3288 THEFT'MS'SHOPLIFTING-200 OR LESS 2 0 2 0 0 2 0 2 100.0 U~498 THEFT-NS-BICYCLE'NO NOTOR'200 OR LESS 1 0 1 1 0 0 0 0 0.0 Y32~0 CRIM AGNST GOVN'MS'ESCAPE TAX'MTR VEH 1 0 1 0 0 1 0 1 100.0 **** Report Totats: 7'5 6 67 32 17 7 11 35 52.2 CITY of MOUND December 2, 1993 TO'. MAYOR, CITY MANAGER A~D CITY COUNCIL Sales for the month of November were very good. We were up approximately $7,000 over November of last year, which is almost a 7% increase. Thus, with one month remaining to go this year, gross sales total $1,284,363, compared with the same time last year when sales were $1,168,908, an increase of slightly over $115,000, which translates into a 10% increase. Perhaps you noticed the Thanksgiving wine sale ad I ran in the "Laker" the week of Thanksgiving? A huge success, I must admit. For example, last year the five days before the feast we sold $6,430 in wine. This year the five days before Thanksgiving, wine sales were $7,563, up 17%! Also we did nearly $2000 more in total sales the Wednesday before this Thanksgiving than we did the Wednesday before Thanksgiving in 1992. I attribute this sharp rise in sales to two things: our expanded wine selection and the promotional sale. JK:ls printed on recycled paper CITY of MOL;ND December 6,1993 To: From: Subject: Ed Shukle City Manager Greg Skinner Public Works November Activity Report Street Department The month started with the Bid opening for the CBD Snow Removal. Widmer Brothers were only bidders. We were out sanding and cleaning sidewalks 3 times this month. While cleaning the sidewalks we did some damage to the planter at the House of Moys. This has been given to the Ins. Co. We pushed snow twice and mixed salt and sand 3 times. The Christmas Tree lighting was a success atleast from our standpoint. All the lights came on and there was ample power for all the accessories. I have been working with the Police Department in the removal of boats, cars, etc. on Public Right-of Ways and Easements. With the Police Departments help this has been very successful. Water Department The Water Meter Up-grade Specifications are completed and will be published in the December 18, issue. The bid opening is projected for January 5, 1994. We met with Minnetrista officials regarding the water main extension on Westedge Blvd. Looks like there should be no problems. We have been participating in a Copper sampling project with the Health Department. We will be taking Copper samples quarterly for the next 18 months. eprmted on recycled p,~per Sewer Department We had some problems with our liftstation at Chapman Place over the holidays. We also televised the sewer line on Bayridge Road to determine where the services were. Damon and Scott gave a class on Confine Space Entry and safety equipment functions to the Fire Department. CITY of MOUND December 8, 1993 TO: Ed Shukle, City Manager FROM: Fran Clark, City Clerk November Monthly Report There were two regular City Council Meetings in November. There was agenda preparation, packets, minutes, resolutions and follow-up items from each meeting. Included in those items were the assessment lists that were certified to the County. Also before the end of November all the payments made on those assessments were sent to the County. Of the $37,965.49 at the hearing, $5,885.80 was paid on delinquent water and sewer bills. Two cemetery lots were sold in November and several stake outs were done by Public Works. All the transactions that happened in the cemetery, i.e. sales of lots and burials have been submitted to the City Engineer so that he can update the cemetery map. I am continuing to input the Code Book. Indexing of minutes from the Council Meetings on the Clerk's Index Program was completed. There were the usual calls and questions from residents on various items. fc printed on recycled paper 09-Dec-93 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR NOVEMBER FINANCE DEPARTMENT REPORT INVESTMENTS The following is the November investment activity: Balance: November 1,1~3 Bought: Money Market 4M 100,000 CP 2.90 Shearson 99,911 Inst Govt Inc Piper 400,000 Inst Govt Inc Piper - Income Reinvested 25,378 Money Market 4M - Income Reinvested 2,297 Matured: CP 3.14 Dain Bosworth (198,272) CP 3.14 Shearson (98,912) CP 2.90 Shearson (99,911) Money Market 4M (TO CHECKING ACCT.) (520,000) The month of November should have been a quiet month for the Finance Department: a time to catch up with the work and to get to some of the tasks that do not require immediate attention. For some reason it was an extra busy month just to attend to the routine responsibilities in payroll, utilities, insurance, vendor payments, and computer operations. City of Mound 12/09/93 Monthly Report Utilities Month of.' November 1993 Utility-93 No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Total Payments: Water Sewer Recycle Total Residential 1,102 1,104 17,535 25,063 41,046 3,400 69,509 25,630 47,260 3,788 76,678 Commercial 122 122 4,312 4,446 11,502 19 15,967 5,421 12,837 18 18,276 Total 1,224 1,226 21,847 29,509 52,548 3,419 85,476 31,051 6O,O97 3,806 94,954 CITY of MOUND PARKS DEPARTMENT NOVEMBER 1993 MONTHLY REPORT 534~ MAYWOOD ROAD '? ' '!NNE$OTA FAX ,612 472.3623 Parks The ice rinks for this winter again will be at Three Points, Highland, and Philbrook Parks. Again, we hope to have them ready by christmas vacation, but the weather will determine if we are successful. Docks With the approval of the dock forms, preparation for the 1994 mailing has started. Two areas were riprapped totalling approximately 270 lineal feet. Included in one area was the repair of a storm drain and removal of silt material from the lake bottom. The Street Department covered 50 percent of the cost of this project. This winter, we have two areas that will be riprapped over the ice, 100 lineal feet on Devon Commons and 175 lineal feet on Three Points Blvd. Both are docking areas that have seen erosion. Trees Three trees were marked for removal from private property and two trees were scheduled to be removed from City property. JF:pj (~ printed on recycled paper q l ;I MON~ MON~ TO DA~ TO DATg ~ O~ ~ 199~ .... OF C~ 32 65 553 436 JND FI~ } 18 111 ,. 91 D~G~ 10 Z~ 216 147 ~NETONKA BEACH ~,I~ D 0 9 13 ~G~ 0 1 3 4 NNETRISTA ~I~ 5 3 ~G~ } 4 36 36 ONO FI~ 2 0 27 2 ~G~ 0 1 25 20 OREWOOD FI~ 0 0 4 3 ~G~Y 1 0 4 1 R~G PARK F~ 3 ~ Z5 28 TUAL AID-' FI~ 0 0 4 4 ~G~ ~ D ] 0 TAL FIRE CALLS ]5 P4 ~A 177 TAL EMERGENCY CALLS 17 41 35~ 259 ~c~ ~ 0 8 12 ~ID~T~ 4 6 56 66 ~g o o 0 ~ 4 1 ~E ~M / FIRE ~ 5 8 66 4q . OF H~ FI~ 93 ~q - MOUND ~G~Y 218 54~ 4024 2858 ~T~ 31 1 884 64~1 5223 FI~ 0 O 9q 21 fi - ~ITKA BEACH D~G~Y 0 1R 7D qo ~%~ O 1 fl ] fiq FI~ 101 67 533 429 - M'TRISTA ~G~Y 45 61 655 670 ~Z~ 146 128 1188 1099 F~ ~0 0 ~68 427 - ORONO m.~G~ 0 56 520 425 ~ 50 56 1088 852 ~!~ O 0 80 134 - SHOREWOO~ m~O~ 30 0 7~ ~6 ~ 30 0 151 150 F~ 51 48 5o6 58o - SP. PARK ~G~ 55 147 12gO 1073 ~ 106 195 1726 ]653 FIRE 0 0 164 220 - ~ A~D ~G~ O 0 30 0 T~ 0 0 194 220 TAL DRILL HOURS 52% 157~ 1777~ TAL FIRE HOURS 19~ 4~4 TAb EMERGENCY HOURS 348 827 7~ FIRE & ~G~Y ~ ~43 1281 TUA.', AID RECEIVED 0 O YUA~ AID ~IVEN. 0 O MOUND VOLUNTEER FIRE MOUND, MINNBSOTA FOR MONTH OF NOVEMRFR lqq% _ FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 1 JEFF ANDERKF~ X × 2 19.OO 2~ 28 6.00 168.00 2 ~REG kNT~ERK~N X E I 9.50 1~ 26 6 OD 156.OO 3 JERRY BARB X X 2 lq.OO O 18 6_00 108.OO 4 PA~"L BARB X X 2 lq.OO 2 %1 6.00 186.OO 5 DAVID BQ'(%) Q × ] q. So 2 16 6.00 96.OO 6 DON BRYCE X × 2 19-OO O 17 6:50 110.50 7 SCOTt BRYCE X X 2 lg.OO O g 6.00 54.00 8 DAVID C~%RLSON (~ f'~ 0 -O- O 16 6.O0 q6.o0 9 JIM CASEY X X 2 1~.00 2k 14 6.00 ~ .0o lO STEA~ COLLINS X X 2 19.OO lk 18 6.OO 108.OO 11 IL~'DY ~,x, Gm.HART X X 2 lq.OO 1~ 18 6.00 108.00 12 STE~]~ ERICKSON X X 2 19.O0 O 13 6,25 81.25 13 PHIL F~SK X ~ ~ 9.50 0 8 6.00 48.00 14 DAN GRADY X X 2 19.00 2~ 21 6.00 126.00 15 KEVIN GRADY X X 2 19.00 0 21 6.00 126.00 i6 OUSONDlSA U ) 0 -O- 0 2 6.00 12.00 17 PAUL HENRY (~ :'~ 1 9.50 3½ 12 6.00 72.00 18 BRAD LkWOS~t~.": X X 2 19.00 4 25 6.00 150.00 19 RO."; MARSCHKE X X 2 lc).o0 2½ 26 6.00 156.00 20 jO~'4 NAFU$ G (~ 0 -0- 0 16 6.00 96.00 21 jAMES ~]~LSON X X 2 19.00 2½ 16 6.00 96.00 22 blARV NELSON ~. ~ 2 19.00 2½ 20 6.00 120.00 23 BRET NICC~I X E 1 9.50 2 15 6. OO 90. OO 24 GRFI; PAL~ X X 2 19.00 4½ 18 6.00 108.00,, 25 MIKE PALM X X 2 19.00 2 19 6.00 114.00 26 TIM PALM X X 2 19.00 0 9 6.00 54.00, 27 GREG PEDERSON X X 2 19.00 2 20 6.00 120.00 28 CHRIS PO{~q3ER X X 2 19.00 2 15 6.00 90.00... 29 TONY RAS%IUSSEN 30 DAYS 6 OD 18.00 30 MIKE SAVAGE X X 2 19.00 5 25 6.00 150.00 31 KE%TIN SIPPRELL X X 2 19. O0 2 15 6. O0 90. O0 32 RON STALI~IguN X X 2 19.00 12 15 6.00 90.00 33 TOH S~.fENSON X ~ 1 9.50 2 17 6.00 102.00 34 ED VANECEK X X 2 19.OO 2 23 6.00 138.OO 35 RICK WILLIA>S X X 2 19.00 14 20 6.00 120.00. , 36 TIM WILLIAMS X X 2 19.OO 2 14 6.OO 84.O0 37 D~N'NY WOY'IL'KE X X 2 19.O0 2 24 6.00 144.00 32 29 61 1I~ 80 72~ 152~ 1579.50 84k~ 643 14X~S _ 3 869. 75 152½ ~ 579.50 1DrAb ~,616.25 ¥1U , DRILL REPORT MOUND FIRE DEPARTMENT Date Discipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : Excused X Unexecused 0 Present / Not Paid Miscellaneous : PERSONNEL ~/2_J.Andersen ____GAnderson J:Babb  P.Babb D.Boyd D. Bryce S.Bryce ~ii Carls°n Casey Collins Englehart ~;/;_S.Erickson ~ P.Fisk D.Grady K.Grady C.Henderson 2~P.Henry 2Y~B.Landsman ~R.Marschke J.Nafus J.Nelson 2--r/~M.Nelson X B.Niccum ~G.Palm ~---~M.Palm O, 2~/~ T.Palm ~_G.Pederson ~Fz.C.Pounder T.Rassmusen M.Savage K.Sipprell R.Stallman _~__T.Swenson E.Vanecek R.Williams T.Williams gZ~=D.Woytcke DRILL REPORT MOUND FIRE DEPARTMENT Date pline 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 X ~Pumper Operations Fire Streams & Friction House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Loss Hours Training Paid ~ Excused X Unexecused 0 Present / Not Paid ._~oe 1 1 a.neous : PERSONNEL 2~P.Fisk J.An dersen ~--T/~D.Grady G.Anderson ~---r/~K.Grady  J.Babb ~ C.Henderson ~.Babb ~ P.Henry .Boyd ~B.Landsman ~t/2_D.Bryce ~R.Marschke ~;.Bryce * J.Nafus .Carlson ~:Nelson ~y~J.Casey Nelson .Englehart ~?~_G:Palm .Erickson ~ M.Palm ~T.Palm ~_G.Pederson C.Pounder ~ T.Rassmusen ~ ~M.Savage ~ K.Sipprell ~ R.Stallman ~ ~T.Swenson ~; ~E.Vanecek t_~t~R'williams T.Williams '/~.Woytcke DATE MOUND FIRE DEPARTMENT TOTAL MAINTENANCE FOR MONTH OF MEN ON DUTY / c~..~ .~. J. ANDERSEN / /.Jr G. ANDERSON ~ J. BABB ~P, D. BOYD [!7 D. BRYCE Lz') S. BRYCE ~ D. CARLSON ~ J. CASEY /~ s. co~s /A ,, R. ENGELHART ~ s. ERICSSON ~9 _ P. FISK D. GRADY K. GRADY ~) C. HENDERSON Z~ p. ~ENR¥ /7f B. LANDSMAN ~-O~l. R. MARSCHKE TOTAL MONTHLY HOURS ~> j. NAFUS '~~ J. NELSON ~-~'~ M. NELSON c--~ B. NICCUM '~//=~. G. PALM ~, M. PALbl (j'~) T. PALbl G. PEDERSON ~) .. T. RASMUSSEN ._~ M. SAVAGE ~ K. SIPPRELL ~. R. STALLMAN z? T. SWENSON ~--. E. VANECEK /~ R. WILLIAMS ~ T. WILLIAblS ~ D. WOYTCKE CITY of MOUND 't/,C'L '.E V N~',JESOTA 5536.4' 6~2! 472 r~,X,612 472 0620 DATE: TO: FROM: SUBJECT: December 10, 1993 city Manager, Members of the City Council and Staff Jon Sutherland, Building official NOVEMBER 1993 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 27 building permits issued in November for a construction value of $750,275, this brings the year-to-date figure to $3,847,441. Four of the 27 permits issued this month were for new dwellings, which is the most permits issued in one month for new construction this year. There were 27 plumbing, mechanical, and miscellaneous permits issued for a total of 64 permits this month and 602 year-to-date PLANNING & ZONING The Planning Commission reviewed four zoning cases in November, including two variances, one minor subdivision, and one conditional use permit. At their workshop meeting, the Planning Commission received comments from the Minnesota society of Housing Inspectors on the proposed Truth in Housing Ordinance and forms. The proposed ordinance has been referred back to the subcommittee for further review. DJ printed on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: NOVEHBER Year: 1993  I PERMIT~ I UNITS VALUATION I UNITS VALUATION C'~TgN SINGLE FAMILY DETACHED 4 4 400,929 16 !, 652,964 SINGLE FAMILY ATTACHED (CONEX)S) 'r~vo FANny / DUPLEX MULTIPLE FAMILY ~ OR MORE UNITS) TRA~S~T~rr HSO. (HOTELS / MOTELS) S ~B'L'o'g.~ 4 4 400,929 16 1,652,964  I PER.MITS VALUATION I PERMITS VALUATION COk{),t ERC LAL ~I~ETAIL/R ESTA URANT~ ,,,OFFICE / PROFESSIONAL I~DUSTRIAL PUBLIC / SCHOOLS , ,OTHER: S LrB'z'O~AZ,  I PF.~4rts VALUATIOI~ I PrdU~ITS VALUATION ADDITIONS TO PRINCIPAL BUILDING 5 ] 63,326 36 755,445 DETACHED ACCESSORY BUILD.OS ! 14,336 21 207 ~039 DECr. S ! 18,500 42 120,403 swa~o ~OOLS 3 20,889 ~ISC£LLA~EOUS ~Ua~ODEL 15 78,184 180 775,740, S~-B'I'O'TAL 22 274,346 282 1,879,516 NOM-~SID~q'Z'ZAL, I PE.q. MITS VALUATION I PE~U~,{ITS VALUATION '~ZO~IS eOMMERCL~. / R~-rAIL 11 51,745 osr~e£ t PROFGSSION,~.. , 1 75,000 I 75 t000 mDUST~UAL 5 130,766 ~UBLI¢ ~ SCHOOLS ! 57,450 DETACHED ACCESSORY BUILDI]qO$ SU~'O'r~L , , , ! 75,000 !8 3!,6,~961~_ DI~NOI~Y~YON$ # PERMITS ~ UNITS VALUATION ~ PERMITS VALUATION ILES ID EN'I'L&L DWT~LLI~G$ DETACHED ACCESSOry BUILDINGS 2 HON-~mE~ BUdDhas 2 ~ D~O~ZTTON~ 7 CO~RSXONS/C~Og OP US~ I P~ I UN~S VALUATION I P~S VALUATION ~OM~: ~ CO~eSZON~ ii i 323 ~ co~ ~]s MO~ YE~-T~DATE *a~O 27 323 ~C~ ~ ~O WA~ 2 39 S~NJ 0 20 ~a~O ~ ~ ~ 06 ~CH~ 7 72 o~o 2 9 ~ ~ 602 BOARD MEMBERS Dawd H Cocnran. Chair Greenwood Tom Penn. V~ce Chair Tonka Bay Douglas E. Babcock. Secretary Spring Park Scott Carlson. Treasurer Minnetr~sta M~ke Bloom Minnetonka Beach Albert (Bert, Foster Deephaven James N. Grathwol Excelsior JoEllen L. Hurt Orono Wilham A. Johnstone Mmnetonka Duane Markds Wayzata George C Owen Victoria Robed Rascop Shorewood Tom Reese Mound )bed E. Slocum Woodland DEC ? 1993 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: DECEMBER 6, 1993 FROM: TOM REESE, LMCD REPRESENTATIVE SUBJECT: NOVEMBER REPORT - LMCD 1.0 Eurasion Watermiifoil Task Force. 1. I With the fading of the enthusiasm for weed pulling, the indeterminate results of the Sonar enclosure tests, the slow progress of the research on the biological solution, it appears that harvesting, or no control measures at all are the choices for the next few years. The DNR is proceeding with plans for a trychlopyr test on Lake Minnetonka next year. This is the successor to 2-4D. In addition next year they will be doing whole lake tests of Sonar in Parkers Lake and Lake Zumbro. Even if these whole basin tests are successful, I doubt if Sonar is an answer for a lake as large and diverse as Minnetonka. 1.2 The LMCD is proceeding with plans for a harvesting program for 1994. In an effort to reduce fragmentation, we may convert one harvester to paddle wheels. 2.0 Lake Management Plan 2.1 It seems that a few of the cities, who get lots of press, want the LMCD to scale back its plans to implement the Lake Management Plan. In my view, if this were to be successful, it could have a seriously negative effect on the future manner in which the lake would be managed. For instance: (1) If we are not successful in getting the 700 reliable access spaces, the DNR and other agencies probably would not support any efforts on our part to extend funding sources, ie. a boat sticker, and (2) If we fail to implement the Management Plan, the legislature when it looks at the LMCD, will conclude that we cannot get the job done as presently constituted, and will impose a new LMCD that will be even less responsive to the cities. 3.0 General Items 3.1 We have located an Electrical Engineer who is willing to donate his time in the spec'ing of lighting equipment and the drafting of a tech spec for inclusion in city and LMCD ordinances on lake shore lighting. We hope 1 that sometbiog comes of this, as objectionable lights continue to proliferate. nual Save the Lake dinner is scheduled for February 17th / /~,,' ~om~eese ' '-- / Mound Representative - LMCD cc. Gene Strommen NOV 9 LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Meeting Notice and Agenda 5:30 pm, Wednesday, December l, 1993 Tonka Bay City Hall 1. Evaluation of board workshop meeting recommendations: a. Fee Study Subcommittee unresolved cost issues and consideration of a memorandum to the ~D~.~e Dock Owners Assn. identifying LMCD position on the issues: l) Costs relating to processing code amendments; 2) Costs for Lake Use boat density studies, offered by multiple dock representatives at ]5% of cost; 3) Cost allocation from litigation and failure of compliance with Code/order/stipulation requirements; 4) Cost allocation of LMCD overhead (admn. support staff, rent, insurance, phones, supplies, equip.) in addition to ex. dir. & admn. tech. staff time. b. Fee Study Subcommittee additional unresolved topics : l) Dock use area "envelope" concept -- role of the Water Structures Committee in addressing; 2) Residential slip rental to non-resident boaters; 2. Watercraft Registration Fee Funding Alternative: a. Redraft of considerations to incorporate into prospective legislative package; (handout) b. Additional considerations from the workshop report; 3. Committee priorities: a. Lake Use Committee proposal to undertake lighting controls presently on Water Structures Committee program; b. Other committee review items; 4. Communications: (further recommendations) a. Quarterly report to cities, mayors, council members b. Board member's quarterly personal reports to councils 5. Save the Lake Fund advisory committee proposal; 6. Additional business 7. Adjournment NOV 2 9 t993 DRAFT LAKE MINNETONKA CONSERVATION DISTRICT Regular Meeting 7:30 PM., Wednesday, October 27, 1993 Tonka Bay City Hall CALL TO ORDER The meeting was called to order by Chair Cochran at 7:35 PM. ROLL CALL Members Present: David Cochran, Chair, Greenwood; Bert Foster, Deephaven; Sames Grathwol, Excelsior: Wm. Johnstone, Minnetonka; Mike Bloom, Minnetonka Beach; Scott Carlson, Treasur- er, Minnetrista; Thomas Reese, Mound; Robert Rascop, Shorewood; Tom Penn, Vice Chair, Tonka Bay; Duane Markus, Wayzata. Also present: Charles LeFevere, Counsel; Rachel Thibault, Administra- tive Technician; Eugene Strommen, Executive Director. Members Absent: Douglas Babcock, Secretary, Spring Park; George Owen, Victoria; Robert Slocum, Woodland. Orono, no ap- pointed Board member. OATH OF OFFICE - INSTALLATION OF OFFICERS LeFevere administered the Oath of Office to the following newly elected officers: William Johnstone, Chair, Tom Penn, Vice Chair, and Robert Rascop, Treasurer. Cochran turned the gavel over to Johnstone, and he was seated as Chair. CHAIR ANNOUNCEMENTS, Johnstone Johnstone thanked the Board for its support. He thanked Cochran, on behalf of himself and the Board, for Cochran's serv- ice as Board Chair and services before assuming that position. READING OF MINUTES Penn moved, Markus seconded, to approve the minutes of the 9/22/93 Board meeting as submitted. Motion carried unanimously. PUBLIC COMMENTS There were no comments from persons in attendance on sub- jects not on the agenda. CONSENT AGENDA Penn moved, Bloom seconded, to approve the consent agenda as amended by removing Items 1D., 2Ca) and 2Cb), and the Financial Reports. Items so approved are indicated by a "*" blotion car- ried unanimously. COMMITTEE REPORTS 1. Water Structures Committee, Reese for Chair Babcock *A. Approval of minutes of the 10/9/93 meeting. LMCD BOARD OF DIRECTORS October 27, 1993 B. Gideons Point Homeowners Association (HOA), Dock Length Variance Application, Gideons Bay, Tonka Bay Reese reported the committee recommended that the 9/22/93 site plan for dock length variance for Lots 1 - 5 of the Gideons Point Homeowners Association (HOA) be approved with a 60' side setback on the west side. The dock for Lots 1 and 2 is to be limited to two 32' dock fingers with two 24' side ties for small- er boats, Lots 1 and 2 to be limited to one canopy each, the canopies to the same color, with shielded lighting on.the dock. The east side of the Pearl Street property line is to be surveyed before the docks are built. The dock on Lot 3 is to be as shown on the site plan. Thibault reported letters of objection were received from Richard Upgren, 35 Birch Bluff Road, and John Davis, 55 Willow Road. Reese called for new comments from the public. Justin Holl, 30 Pearl Street, said he wants a condition placed on any approval that the westerly spit of land is not to be riprapped, filled or use for dock or boat storage. He be- lieves the dock on Lot 1 should be called a 310' dock. Holl said he wanted it known that his removal of a small tree from the spit of land was an accident. Jerry Holl, 30 Pearl Street, agreed with the comments in the Davis letter. She asked that the Board preserve the wetlands. Jeff May, owner of Lot 2, said he feels the recommendation is a fair and reasonable compromise to give access to the lake. Gerald Holl, 15 Highland Road, said he feels there are superior locations within the development for the placement of the docks. He asked that the application be rejected. G. Holl asked that any decision to approve the variance include the following conditions: a. The canopies are to be of a solid color similar to the canopies on the other docks in the development. b. There be a limitation to two canopies on the dock for Lots 1 and 2. c. The boats in the docks to be owned solely by the owners of the two properties. d. The lighting on the dock be shielded and controlled by a switch so it is used only when the dock is being used. e. No storage of dock sections on the spit of land. MOTION: Reese moved, Penn seconded, to accept the recommendation of the Water Structures Committee as stated. AMENDMENT TO MOTION: Cochran moved, Grathwol seconded, to amend the motion by adding the following conditions: a. The light on the dock is to be shielded and have an on and off switch, to be used for access only. b. The spit of land is not to be used for storage of boats or dock sections and is not to be rip rapped. c. The HOA agrees to reduce its Boat Storage Units from 51 to 47. MOTION: Markus moved, Bloom seconded, to table the variance request because there is not full representation of the Board present. LMCD BOARD OF DIRECTORS October 27~ 1993 VOTE ON MOTION TO TABLE: Motion failed with 3 ayes (Bloom, Markus and Rascop) and 7 nays. DISCUSSION ON AMENDMENT: Reese said the Board shares the Holls' concern about the wetlands. He said the MnDNR does not support that these docks are a degradation of the wetlands. Reese said if the Board had the present knowledge in 1985 when the original license was approved, the action might have been different. He believes the Board cannot hold the present owners hostage to something that was done in 1985. VOTE ON AMENDMENT: The motion carried, 7 ayes and 3 nays (Bloom, Markus and Rascop). AMENDMENT TO MOTION AS AMENDED: Carlson moved, Cochran second- ed, to amend the motion to contain the 60' length variance on the dock on Lot 1, the 40' variance on the dock on Lot 3 and the 28' variances on the docks on Lots 4 and 5. The criteria for grant- ing the variances should be addressed in the Findings and Order. VOTE: Motion carried unanimously. DISCUSSION ON MAIN MOTION AS AMENDED: Bloom said he is opposed to the motion. It is his opinion that the Board is giving in to the repeated requests of the applicant rather than complying with the Code and variance requirements. He does not believe a suffi- cient hardship has been shown. The HOA has 2550' of shoreline and has had ample opportunity to place the docks in a different location. In reference to the MnDNR comments, Bloom said the question as to whether or not there should even be docks across a marsh- land was not addressed. Bloom cannot see any difference between this variance application and the other denied by the Board. Penn said he believes the amended motion to approve the proposed site plan is reasonable and within the Code. He cannot see any difference from other variances across wetlands approved by the Board. He fully supports the amendment to be more specif- ic in detail. Bloom said this variance application is not much different than proposals from the HOA considered and denied in the past few months. He understands it is a compromise but questions who is being compromised. Cochran said he does not feel this is against the Code. The Code allows an extension to 4' of water. The side setback is more than the Code requires. The only problem is that there was an impression that there was to be an 8' easement the full length of the development. It is the fault of tile district as well as the developer that it does not exist. This development is less dense than conditions on nearby narrow lots in the area. Rascop said he believes it is dangerous to approve things based on whether or not it is reasonable. Variances should not be granted when the hardship was created by the applicant. Rascop does not believe there is enough hardship to justify granting these variances. LMCD BOARD OF DIRECTORS October 27, 1993 MOTION AS AMENDED RESTATED: To direct the attorney to draft Findings and Order for approval of the dock length variance application for Lots 1 through 5 of Gideon's Point Homeowners Association, in accordance with the site plan received 10/18/93, with a 60' variance for the dock on Lot 1, a 40' variance for tile dock on Lot 3, and 28' variance for the docks on Lots 4 and 5. Additional conditions to be as follows: I. The dock for Lots 1 and 2 is limited to two 32' dock fingers with two 24' side ties, per 10/18/93 site plan. 2. The dock for Lots I and 2 is limited to two canopies, one for each property, and the canopies are to be a solid color similar to other canopies in the area. 3. The lighting on the dock is to be shielded and controlled with an on/off switch, to be used for access only. 4. The east property line of Pearl Street is to be surveyed before the docks are built. 5. The spit of land on Lot I is not to be used for storage of boats or dock sections, and is not to be rip rapped. 6. Gideon's Point Homeowners Association has agreed to reduce its Boat Storage Units from 51 to 47. VOTE ON MOTION AS AMENDED RESTATED: Motion carried, 7 ayes and 3 nays (Bloom, Markus and Rascop}. ADDITIONAL COMMENT: Vern Haug, Mayor, City of Tonka Bay, said there should be protection for the District, the HOA, and the City of Tonka Bay by having these restrictions added to the HOA agreement and covenants. LeFevere said these docks continue to be subject to regulation by the Board. This plan can not be locked in for future years by either the applicant or the Board. Haug said he does not believe this should have to be considered over again with a new dock plan. Markus was excused. *C. Robert & Barbara Floeder, 3027 Bluffs Lane, Mound, Halsteds Bay; approval of Public Hearing Report and draft Find- ings & Order approving 5' side setback variance with same terms and conditions as included in variance order granted Stock's 8/25193. D. Boulder Bridge Farms Homeowners Assoc., Shorewood, S Upper Lake The Board received a recommendation from the committee for approval of a new Multiple Dock License for Boulder Bridge Farms Homeowners Association (HOA) for reconfiguration of docks in the lagoon with no increase in the number or size of the slips, with the bridge to be replaced before the docks are rebuilt. Thibault reported the applicant has asked for a minor change in the site plan involving the movement of 'two slips. The appli- cant has asked for permission to build the docks before the bridge is put in. LMCD BOARD OF DIRECTORS October 27, 1993 MOTION: Rascop moved, Foster seconded, to approve a new Multiple Dock License for Boulder Bridge Farms Homeowners Association for reconfiguration of the docks in the lagoon according to the site plan submitted 10/27/93. The docks may be built before the bridge is constructed. VOTE: Motion carried unanimously. *E. Deicing Licenses: l) Approve the following two deicing licenses with special notice that on finding any violation, the Water Patrol will be immediately contacted for issuance of a citation: a) Minnetonka Boat Works, Browns Bay, Orono b) North Shore Drive Marina, Maxwell Bay, Orono 2) Applications approved by Executive Director as submitted (No action required). F. Lakeshore Lighting Reese recommended to the Water Structures Committee that it hire a professional lighting consultant to develop a sample ordinance and technical specifications for lighting on the Lake. This ordinance could be adopted by the District and recommended for adopt ion by the cities. Reese suggested the cost to be funded by the Save the Lake Fund with a budget of no more than $5,000. Reese said he has contacted an electrical engineer who is willing to donate his services in preparing a demonstration project to show how lighting can be handlect without being obtru- sive. MOTION: Carlson moved, Penn seconded, to appoint a lighting subcommittee, with Reese as Chair, and to authorize the subcommittee to prepare a Request for Proposal with a budget of no more than $5,000, funded by the Save the Lake Fund, to hire a lighting consultant to draft a model ordinance and technical specifications for lighting on the Lake. VOTE: Motion carried unanimously. *G. Fee Payment and Late Fee Schedule The fee payment and late fee schedule in Resolution 86 for multiple dock licenses, to be renewed for 1994 as established for 1993. *H. Variance Application Deposit Refund Refund of $143.52 to Louis Cosentino. 2. LAKE USE AND RECREATION COMMITTEE, Chair Foster *A. Approval of minutes of 10/18/93 meeting B. Joint & Cooperative Agreement with ttennepin County for Sheriff's Water Patrol Services in 1994 MOTION: Foster moved, Bloom seconded, to approve the Joint & Cooperative Agreement with Hennepin County for the Sheriff's Water Patrol services in 1994 as submitted. VOTE: Motion carried unanimously. LMCD BOARD OF DIRECTORS October 27, 1993 The cover letter to accompany the Agreement was discussed. The executive director said Capt. Larry Peterson, Sheriff's Water Patrol, raised a question about the enforcement of the 80 decibel level established for Lake Minnetonka by the LMCD. A State Stat- ute that does not allow a city to make laws more restrictive than the state law was pointed out as Peterson's concern. Foster said he wants the Water Patrol to set up the decibel testing procedures so they can do the enforcement on site. Foster said this is something to be worked out in committee. *C. Special Events 1) Deposit refunds of $100 each to: c) Minnetonka Crossing Windsurfing - event canceled d) Viking Bassmaster Tournament, 10/3/93 Thibault reported the refunds to Cia) Mtka Redman Tournament by Operation Bass and Clb) Don Shelby US Invitational are being withheld for additional information as to how they handled noti- fication to the participants about the exotics control. D. An Ordinance Relating to Refunding License Fees MOTION: Foster moved, Carlson seconded, to waive all readings and adopt An Ordinance Relating to Refundability of LMCD License Fees; Amending LMCD Code Sect. 1.06, Subd. 5 Fees. VOTE: Motion carried unanimously. E. Annual Shoreline Boat Count The Board received the annual shoreline boat count. Foster pointed out that the inventory shows the count is back up to what it was before low water years. Foster also noted that the per- sonal watercraft count is up. There are 8,883 boats stored on the Lake Minnetonka shoreline. F. Hennepin County Sheriff's Water Patrol Report The monthly report from the Water Patrol was received and ordered filed. G. Boat and Water Safety Education Program Foster reported the first boat and water safety education program for BWI offenders has been set for Saturday, 11/13/93. This is a program developed with the cooperation of Mothers Against Drunk Drivers, the Minnetonka Power Squadron, MnDNR, Sheriff's Water Patrol and the LMCD prosecutor. Thibault said it involves the participants viewing an 80 minute U.S. Power Squadron Boating Course video with a work book. The 11/13/93 seminar will be put on by the Water Patrol and MnDNR in the morning. Then, in the afternoon the Power Squadron will talk about the video and administer a test de- veloped by the LMCD. LAKE ACCESS COMMITTEE, Chair Grathwol *A. Approval of Minutes, 10/18/93 meeting LMCD BOARD OF DIRECTORS October 27, 1993 B. Progress on the Report of the 1992 Task Force Study Grathwol reported the minutes indicate the progress being made in preparing a draft report for the Task Force. He said the report will deal with the positive actions taken and will include a list of issues that have no recommendations. He anticipates the next meeting will be in January, 1994. 4. ENVIRONMENT A. Environment Committee, Chair Rascop *1) Approval of blinutes, 10/12/93 meeting 2) Rascop reported the result of the survey sent to stakeholders. Response to the survey indicated Eurasian Water Milfoil received the most interest as an environmental concern affecting the Lake. The second issue was a desire to have more public education regarding Lake environmental issues. Rascop reviewed Environmental Consultant Dick Osgood's initial work plan for Phase Two Activities. The outline is contained in a memorandum dated 10/27/93, distributed to the Board. This constitutes Osgood's immediate focus to start Phase Two. Rascop introduced Osgood's proposal for partial sponsorship to attend an international symposium of the North American Lake ~tanagement Society (NALMS). Osgood's total cost is $1,045. He is asking for LblCD participation in the amount of $350. Rascop said Osgood will provide the District with educational material from the conference and prepare written reports to justify the expense. Johnstone asked if other Lake organizations are assist- ing in funding his conference attendance. The executive director did not believe so. He said the ~tinnesota Lakes Associ- ation is also sending representatives. He said the sponsoring organization is well regarded. MOTION: Penn moved, Reese seconded, to authorize the expenditure of $350.00 from the Save the I, ake Fund to send Dick Osgood to the NALNIS conference. VOTE: Motion carried unanimously. Johnstone said the idea of stressing environmental issues is important. He expressed an interest in being aware of the costs being incurred as the program moves along. He suggested Osgood prepare a budget. Johnstone said he believes an element of Osgood's job is to obtain funding for what he is proposing. Rascop said this program is not to cost the District beyond its consulting contract for which it was budgeted for 1993 and 1994. LMCD will coordinate with other agencies that will be implement- ing the various tasks referenced in the I.~ICI) Management Plan. At the same time the District will support implementing agencies if needed in their efforts to get grants and funds. Grathwol said there is a need [or public education as he discovered in making his presentation in Excelsior. Cochran suggested each year new counci lmeml~ers be mai led a copy of the LMCD Enabling Act and executive summary of the blan- agement Plan. LMCD BOARD OF DIRECTORS October 27, 1993 Rascop said the Environment Committee ma3' want to consider an optimum use of the lake. This could be something to discuss at the November 20 LMCD workshop. B. Eurasian Water Milfoil Task Force, Chair Penn *1) Approval of Minutes, 10/15/93 Meeting 2) Pulling EWI~ vs. Harvesting Penn said an investigation to modify an I, MCD harvester to pull EWM could not be done without an expenditure of about $10,000. The cost effectiveness for LMCD's operation is not supported by a comparison of cost alternatives initially prepared by Reese. The Task Force will continue to observe a private proposal for an EWM pulling test. 3) Scientific Subcommittee Recommendation Penn reported on the Scientific Subcommittee recommendation for the Hennepin Conservation District to provide matching grant funds for weed pulling and sediment treatment to control EWM as detailed in the 10/15/93 EWM Task Force minutes. The executive director said the Hennepin Conservation Dis- trict Board has not as yet acted upon the grant request. $. ADMINISTRATIVE COMMITTEE~ Chair Carlson *A. Approval of minutes, 9/22/93 meeting B. Report on 10/27/93 Meeting Carlson reported the committee received a copy of the report of the Third Quarter LMCD Mayor's meeting held on 9/24/93. He said most of the comments were in support of the LMCD. There was no consensus to restructure the Board. There was general support for finding new funding sources especially for EWM con- trol. Carlson submitted an agenda proposed by the committee for the 11/20/93 Board workshop. Items to be discussed are: 1) New funding sources 2) Committee chair priorities for 1994 3) Environmental Committee objectives 4) Communication and education strategies for 1994 FINANCIAL REPORTS A. September Statement of Cash Transactions The Statement of Changes in Financial Position dated 9/30/93 was received and ordered filed for audit. B. Audit of Vouchers for Payment as Submitted MOTION: Carlson moved, Cochran seconded, to approve payment of bills in the amount of $24,551.87, checks 9453 through 9493 and payroll checks 1138 through 1151. VOTE: Motion carried unanimously. C. Quarterly Reports MOTION: Carlson moved, Reese seconded, to approve the financial summaries as submitted. VOTE: Motion carried unanimously. LMCD BOARD OF DIRECTORS October 27, 1993 EXECUTIVE DIRECTOR REPORT, Strommen A. Office Lease Renewal The executive director reported the lease for office space at the Norwest Bank Building is up for renewal November 1. The lease has been reviewed by LeFevere. Items to be resolved in the lease are the liability insurance, availability of the elevator for handicapped access during non-business hours, and use of the community room. The executive director also is expecting an answer from the Bank on the reconsideration of the level of increase of no more than 3%. MOTION: Penn moved, Reese seconded, to authorize the LMCD Chair and Treasurer to approve a new three year lease with the Norwest Bank with an option for an additional three years. VOTE: Motion carried unanimously. B. Depository Agreement with Norwest Bank MOTION: Cochran moved, Penn seconded, to authorize Board officers Johnstone, Rascop, Babcock and Penn, and Executive Director Strommen as signators for the LMCD checking and savings accounts. VOTE: Motion carried unanimously. C. Treasurer's Bond MOTION: Penn moved, Grathwol seconded, to change the treas- urer's bond from Carlson to Rascop. VOTE: Motion carried unanimously. D. Meeting Schedule The executive director submitted a revised meeting schedule for November and December. The Board accepted it as submitted. E. Employee Compensation - Jo Ann Tyk The executive director reported Jo Ann Tyk, Executive Secre- tary/Bookkeeper, has completed her six month probationary period in a satisfactory manner. MOTION: Penn moved, Rascop seconded, to approve a 60 cent per hour increase in salary for Jo Ann Tyk effective 10/26/93. VOTE: Motion carried unanimously. F. Legal Matters The executive director reported the courts have upheld the Nagel variance granted by the Board. LeFevere reported Joseph Zwak's attorney has filed an answer and counter-claim against the District. }lc will keep the Board informed as the case progresses. NEW BUSINESS There was no new business LMCD BOARD OF DIRECTORS October 27~ 1993 ADJOURNMENT There being no other business to bring before the Board, the Chair declared the meeting adjourned at 9:20 PM. William Johnstone, Chair Douglas Babcock, Secretary LAKE MINNETONKA CONSERVATION DISTRICT BOAR/) OF DIRECTORS AGENDA 7:30 PM - Regular Meeting Wednesday, December 1, 1993 Tonka Bay city Hall, 4901 Manitou Rd ?=30 PM - REGULAR MEETING CALL TO ORDER KC'II NOV g ROLL CALL OATH OF OFFICE - INSTALLATION OF SECRETARY CHAIR ANNOUNCEMENTS, Johnstone READING OF MINUTES - 10/27/93 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda (5 minute limit) CONSENT AGENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests an individual discussion of any item. In that case the item will be removed from consent agenda and considered as a specific item. [ITTEE REPORTS WATER STRUCTURES, Chair Babcock A. Approval of minutes, 11/20/93 meeting B. Stead Variance, 21600 Fairview Street, Greenwood, Lower Lake South; recommending approval of the Public Hearing Report with Findings and the concept of the 10/20/93 site plan, with the variance to be granted 1/1/95 provided no written request for review with demonstration of hardship has been received C. Revier Variance, 2691 Ethel Ave, Orono, Carmans Bay; recommending approval of adjusted dock use area per 10/5/93 site plan with conditions per 11/20/93 committee minutes D. Gideons Point HCA Dock Length Variance, Gideons Bay, Tonka Bay; recommending approval of draft Findings & Order granting the variance E. Draft ordinance Relating to Storage of Watercraft amending Section 1.02; Section 2.05; Section 2.045; and Section 2.03; recommending first reading as amended by committee (revised draft enclosed) F. Additional Business LAKE USE AND RECREATION, Chair Foster * A. Approval of minutes, 11/22/93 meeting llf? LMCD Board of Directors Agenda, 12/1/93, Page 2 * B. 1994 Save the Lake Recognition Banquet date recommended for Thursday, February 17, 1994 C. Hennepin County Sheriff's Water Patrol Report De · 2) Additional business 1) Recommendation to move subcommittee on lakeshore lighting from Water Structures committee to Lake Use & Recreation committee Recommendation to support Executive Director's position not to vary from Code requirements re: multiple take off and landings for airplane rides from lake LAKE ACCESS COMMITTEE, chair Grathwol * A. Approval of minutes, 11/22/93 meeting B. Progress on the 1992 Task Force Study Report e ENVIRONMENT A. Environment Committee, Chair Rascop 1) Evaluation of consultant's Phase Two progress B. Eurasian Water Milfoil Task Force, Chair Penn * 1) Approval of minutes, 11/19/93 meeting 2) Fluridone (Sonar) field test results ADMINISTRATIVE COMMITTEE, Chair Carlson * A. Approval of minutes, 10/27/93 meeting B. Report on 12/1/93 meeting held prior to Board meeting C. Board Workshop, 11/20/93 minutes enclosed FINANCIAL REPORTS, Treasurer Carlson A. October Statement of Cash Transactions (meeting handout) B. Audit of Vouchers for Payment (meeting handout) C. Status report on city levy payments for 1993 D. Legal Services, 1994 rate proposal per 11/11/93 letter E. selection of Auditor Mark Babcock for 1993 audit EXECUTIVE DIRECTOR REPORT, Strommen NEW BUSINESS A. Committee chair appointments; Chair Johnstone * B. Designation of the Sun/Sailor as the official Newspaper for 1994 * C. 1994 Annual Meeting Calendar ADJOURNMENT REC'O NOV 3 g LAKE MINNETONKA CONSERVATION DISTRICT DRAFT Action Report: Meeting: Water Structures Committee 7:30 AM., Saturday, November 20, 1993 Norwest Bank Building, Wayzata, Room 135 Members Present: Douglas Babcock, Chair, Spring Park; Scott Carlson, Minnetrista; James Grathwol, Excelsior; William John- stone, Minnetonka; Robert Rascop, Shorewood; Thomas Reese, Mound; Robert Slocum, Woodland. Bert Foster, Deephaven and Tom Penn, Tonka Bay arrived as noted. Also Present: Rachel Thibault, Administrative Technician, Eugene Strommen, Executive Director. 1. Maple Forest Addition, Minnetrista, West Upper Lake The committee received the report of the 10/27/93 Public Hearing and Findings for a new Multiple Dock License application from Maple Forest Addition. Babcock said the application is in conformance with the LMCD ordinances. Questions were raised at the Hearing about the 96' dock length and the size of the slips. Carlson said Dean Johnson, the applicant, indicated the dock was designed to be as large as possible within the dock use area permitted by the LMCD Code. Carlson wasn't sure whether the City of Minnetrista will approve it as presented. He said Johnson has indicated a willingness to re-work the design and submit a new dock plan. Carlson said he does not believe the Board should take action until Minnetrista has seen the new plan. Charles LeFevere, LMCD Counsel, stated at the Hearing that the LMCD has criteria for determining an application's affect on the Lake. Carlson said in this case the dock uses up too much of the Lake. Rascop said the dock uses too much of the Lake area. There was no one present to speak for the application. MOTION: Babcock moved, Slocum seconded, to table the discussion of the Maple Forest Addition application to the next committee meeting. VOTE: Motion carried unanimously. Foster arrived during the following discussion. 2. Gale and Jeannie Stead, 21600 Fairview Street, Greenwood The committee received the report of the 10/27/93 Public Hearing and Findings regarding the variance application for an adjusted dock use area, reduced side setbacks and additional dock length received from the Steads. Thibault reviewed the Public Hearing report. She noted the Stead's proposed dock use area will not encroach on the neigh- bors' dock use areas. There will be a zero setback on the north side. The proposal meets the setback on the south side. Stead presented an aerial photograph of the area. He said their intent is to have a dock long enough to reach a water depth of 4' from the 929.4' OHW. To obtain 4' of water the dock has to go out 70' With the zero setback on the north that can be achieved without infringing on the Susan Morris or David Walsh, immediate neighbors, dock use areas. WATER STRUCTUI~I'~S COMM I TTI~,F, November 20, 1993 Susan Morris, 21580 Fairview Street, said she will have to give up the 10' setback she believes she is entitled to. Foster pointed out that the ordinance governing setbacks is based on a straight shoreline, which is not the case here. Foster suggested to Morris that, if she is not satisfied, she can go to mediation. He does not want to go forward with an approval if she is not satisfied. Morris said she and Walsh should put in their docks first to see how it works out. She is not comfortable with making a decision based on something on paper. Babcock suggested laying the dock locations out on the ice. Rascop suggested conditionally approving a one year vari- ance, with a review at no charge after I season, if necessary. Foster said he is not comfortable with a one year sunset. Fos- ter's suggestion would be to grant the variance, allowing Morris one year to come back to the District for a review if there is a problem. If the arrangement is satisfactory the District would not have to look at it again. Stead said he understands Morris is objecting to the zero setback. He said Morris does not have an adequate setback on the north side of her dock use area. She is not observing the 20' canopy setback on the McCarthy side. In addition he said Morris has a ramp with 2 watercraft on his side that is not in compli- ance with the Code. Grathwol said he is more concerned about tile Walsh dock. If Stead's extend their dock and Walsh extends his clock they are going to converge. Stead said Walsh is not opposed to the plan as presented. MOTION: Foster moved, Reese seconded, to recommencl to the Board approval of the concept as presented at the Public Hearing and that the variance be granted as of 1/1/95, providing the District has not received a written request to review with a statement of hardship. The dock to be placed as proposed for 1994. DISCUSSION: George Dunn, 21580 Fairview Street, said Morris wants the Steads to stay with the foot markers as shown on the site plan to guarantee 56' between the ends of the two docks. Foster said that is not a reasonable request. Babcock added that Morris can place her dock at her option as long as she stays within her dock use area. VOTE: Motion carried unanimously. 3. Maple Forest Addition Dean Johnson, owner, Maple Forest Addition, arrived. MOTION: Babcock moved, Rascop seconded, to remove the Maple Forest Addition btultiple Dock License application from the table. VOTE: Motion carried unanimously. Babcock asked Johnson if he is willing to work with the LMCD staff to reduce the length of the dock and the size of the slips. Johnson said he is willing to build something smaller than the plan submitted. He said the3' hadn't planned to build the docks that big. WATER STRUCTURES COblMITTEE November 20, 1993 Rascop asked if there is a need for a Environmental Assess- ment Worksheet (EAW) because of the size the dock. Strommen said he will find out what is required for an EAW. Foster said he would have a problem voting for anything larger than a 24' slip. Carlson suggested a variety of sizes as there are many boats larger than 24' Carlson said this is not a tight area of the Lake. He suggested sizes varying from 32' down to 24' Strommen called attention to the dock length. Johnson said they will work to get closer to shore as that will help in keep- ing the docks out of the sight of the houses above it. Carlson said Minnetrista licenses multiple docks and asked for cooperation between the city arid the LMCD. MOTION: Babcock moved, Reese seconded, to table the Maple Forest Addition Multiple Dock License application to await a revised plan. VOTE: btotion carried unanimously. 4. Michael Revier, 2691 Ethel Avenue, Orono, Carmans Bay, dock use area variance application. The committee received 'a report from the West Suburban Mediation Center, dated 11/10/93, on the outcome of mediation between Revier and his neighbors. According to the report a mediation took place on 10/16/93 between Mike Revier and David Runkle and two of West Suburban's mediators. At the end of the session Revier and Runkle agreed to meet for a second session which would include the other two neighbors, Dick Kauffmann and Gordon Amundson. Kauffmann de- clined mediation, saying he was willing to go along with the LMCD proposal · October 20, 1993 Mr. Amundson agreed to attend the next mediation. Subsequently on 11/9/93 Revier advised West Suburban that he did riot wish to continue with the mediation and Amundson was not willing to participate in the second mediation either. Runkle said there was agreement to a dock plan from which to work at the first session. Amundson said he would participate only if the dock use area could pass over the extended lot lines of Runkle's property which he says he owns under the water. Revier said the issue should be settled at the committee level. Amundson and Kauffmann do not want to participate in mediation, tie feels everyone has dug their heels in and will not move. It is his opinion that all are willin~ to go with the LMCD staff proposal and give a little except Runkle. Foster said he would like them to proceed with the mediation service. MOTION: Reese moved, Slocum seconded, to recommend to the Board approval of the LMCD staff recommendation described as follows: The extended north side site line of Revier's property is to be adjusted 25 degrees to the north on the Runkle side and the extended side site lines of Revier's and Amundson's properties to be adjusted 25 degrees to the south on Amundson's and Kauffmann's WATER STRUCTURES COMMITTEE November 20, 1993 side. Revier and Amundson are to share a common dock for storage of no more than two boats, with a beam limit of 8.5' The dock length is limited to 40' The 5' side setbacks must be main- tained with no canopies allowed. DISCUSSION: Rascop questioned at what point a lot is too small to have a dock. Babcock responded that Revier and Runkle have 41' between them to create a combined dock use arca for one dock with space for two boats. Carlson said at some point the Dis- trict has to establish that a certain lot width does not support a dock. Runkle submitted a letter dated 11/18/93 to supplement his letter of May 18, 1992 in which he recommended that there not be a dock in this area. Babcock said there does not appear to be agreement between the four parties. A dock length has been established. There is a need to establish the dock corridor. The mediator's proposal affects Kauffmann more than the staff proposal. Babcock said he would prefer a second mediation session. Reese said the motion to approve the staff recommendation may induce the parties to go back to mediation. Runkle said he is paying for a survey involving all four parties. Carlson suggested sending them back to mediation, have them submit two proposals and the committee will select one. Grath- wol said unless Revier and Amundson are willing to find a Dock Use Area he will have to vote to deny any variance. Slocum said the parties involved can still return to mediation. Babcock said he would like to see an agreement worked out with the neighbors. He believes there is room for a workable plan to bring to the table. Strommen said there remains the question of Runkle's proper- ty under the water. Grathwol said he does not believe the com- mittee has to address the bottom of the Lake. That will have to determined elsewhere. The District controls the surface water of the Lake. Penn arrived. Runkle said he does not agree with the proposal as it stands. He added that Revier had stated at an Orono meeting that he did not plan to have a dock when he developed the property. VOTE: Slocum, Carlson, Johnstone, Babcock, Reese and Grathwol voted aye. Rascop and Foster voted nay. Penn abstained. Motion carried. 5. Gideons Point Homeowners Assn., Tonka Bay, Gideons Bay MOTION: Grathwol moved, Reese seconded, to recommend to the Board approval of the Findings and Order granting the dock length variance application of the Gideons Point Homeowners Association. DISCUSSION: Babcock said he does not believe the Findings are correct as the hardship was created by the applicant. VOTE: Motion carried, Rascop and Babcock voting nay. WATER STRUCTURES COMMITTEE November 20, 1993 6. Unrestricted Watercraft Storage at Multiple Docks The committee received a 10/14/93 letter from Charles LeFe- vere, LMCD Counsel, commenting on a Code amendment relating to unrestricted watercraft, a draft ordinance amendment and a memo from staff with recommendations for additional changes. Foster asked for consideration at this meeting because the Lake Minnetonka Sailing School (LMSS) is being delayed in prepar- ing its publicity and brochure for the 1994 season. The committee suggested several changes in the draft. Foster asked that (1) of Subd. 11 be eliminated. He said the actual location of the sailboats in relation to the water could be a point of argument. Tom Maple, Minnetonka Yacht Club (and LbtSS), said the 12' training boats at the Minnetonka Yacht Club island are kept on a ramp built parallel to the shore seawall. This enables the students to pull the boats out of the water without having to lift them up to the land. At the Wayzata Yacht Club the 8' prams are carried from land to the water. Babcock suggested a better definition of a slide. A re-wording of (1) of Subd. 11 was agreed on as: the watercraft ~r~e not stored in the water o~f ~he Lake or on g mechanical lift. Thibault called attention to the staff recommendation for an addition to Section 2.05, Subd. 11, Item 2 clarifying the rental of watercraft. Foster opposed the use of the word "daily" as it would restrict some uses of the watercraft. He said he would support the second staff recommendation regarding Sect. 2.03, Subd. 8,b) "Storage Rules" Babcock suggested a re-wording of the first staff recommendation as: ~ watercraft are found the Board t~o be 9se~ for pgb!j~ Y~-} o_r_ ~d_~_a_t_jg~al purposes and under the exclusive control .~ tJ~ _r~g_~[ 9~ educational organization. That was agreeable to Foster. Maple added that the LMSS does not intend to enter into rental agreements with individuals. Babcock added two additional changes, adding "solely" to Subd. 55 a) Item c) and deleting "residential" from Sect. 2.05, Subd. 10. ~OTION: Foster moved, Johnstone seconded, to recommend approval of "An Ordinance Relating to Storage of Watercraft on Lake Minne- tonka and Adjacent Properties" as drafted 1)7' LeFevere as amended with Section 2.05, Subdivision 11 (1) to read "the watercraft are not stored in the water of the Lake or on mechanical lifts"; Section 2.05, Subdivision 11 (2) to read "the watercraft are found by the Board to be used for public rental or educational purposes and are under the exclusive control of the rental or educational organization"; Section 2.05. Subd. 10: the word "residential" is to be removed; Section 2.03, Subd. 8 b) add the following "except as provided for under Section 2.05, Subd. 10 and 11; Sect. 1.02, Subd. 55 a,c) add "solely" after "propelled" DISCUSSION: Regarding Section 2.05, Subdivision 11, (3), Carlson said previous Board discussion indicated that a density of one boat per 25' of shoreline would be appropriate. Be can not sup- port the 1:15' in the ordinance. WATER STRUCTURES COMMITTEE November 20, 1993 MOTION TO AMEND: Carlson moved, Rascop seconded, to amend the density in Section 2.05, Subdivision 11, (3) to read " ..... for each 25 feet of shoreline ..... " DISCUSSION: Babcock and Foster spoke For the 1:15' density. VOTE: Carlson, Johnstone, Reese, Penn, Rascop voted aye. Slo- cum, Babcock, Grathwol and Foster voted nay. Motion carried. VOTE ON MOTION AS AMENDED.Motion carried unanimously. 7. Lighting on the Lake Reese reported he will have information from a lighting engineer at a future meeting. 8. Adjournment Chair Babcock declared the meeting adjourned at 9:20 AM. FOR THE COMMITTEE: Eugene Strommen, Executive Director Douglas Babcock, Chair NOV 2 9 DRAFT LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Lake Use and Recreation Committee Meeting: 5:30 PM, Monday, November 22, lq93 Norwest Bank Building, Wayzata. I.MCD Office Members Present: Bert Foster, Chair. Deephaven: James Orath- wol, Excelsior (as noted); David Cochran, Greenwood; Robert Rascop, Shorewood; Thomas Reese, Mound. Also present: Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director (as noted). 1. Prioritization of 1994 Committee Objectives The committee received a list of five 1994 objectives for the Lake Use and Recreation Committee. Reese suggested that the Lighting subcommittee of the Water Structures Committee be re-assigned to the Lake Use and Recrea- tion Committee. The intent of the subcommittee was to prepare a model ordinance establishing criteria for lights used on docks, and to present the ordinance to the cities for adoption as it relates to lighting on the shoreline. The purpose is to improve the night-time experience on the Lake. In that sense the purpose is more a Lake Use and Recreation experience than a Water Struc- tures consideration. MOTION: cochran moved, Reese seconded, to recommend to the Board that the Lighting subcommittee of the Water Structures Committee be transferred to the Lake Use and Recreation Committee. VOTE: Motion carried, Rascop abstaining. It was agreed this would be placed as the No. 2 priority for 1994, if approved. Grathwol arrived. 2. Special Events - Deposit Refund The committee recommended that the deposit refund of $100 for the Consolidated Race Schedule, Lower Lake, May-November, be held in a special account to be applied to the 1994 Special Event License for the Consolidated Race Schedule. 3. 1994 Save the Lake Recognition Banquet The committee unanimously recommended to the Board that the Save the Lake Recognition Banquet be held on Thursday, February 17, 1994. 4. Water Patrol Report Thibault reported receipt of the following Water Patrol Activity Report: * A car in the Lake, 11/5/93 * No BWI's * No drownings * The buoys have been removed . There is a reduction in activity because of the season of the year. LAKE USE AND RECREATION COMMITTEE November 22, 1993 5. Discussion of Committee 1994 Objectives A. Provide "responsible wake" education Foster said the committee should develop a very nice four color 8-1/2" x 11", two page, brochure describing boaters' re- sponsibility for their wakes, the danger of wakes and pictures of different wakes. There would be a description of common courte- sy, and the law. Reese would want to include information on the wakes created by "towed toys" and their affect on the experiences of others using the Lake. Towed toys and water skiers cannot operate in the same bay at the same time. Reese said there will come the time when certain areas of the Lake will have to be zoned for specific uses. Foster suggested hiring an advertising agency to put the brochure together. Preliminary information could be gathered by the staff from sources such as the Power Squadron, Coast Guard, the power boat associations and manufacturers, National Lake Association, Corps of Engineers and Inland Lakes Associations. Strommen arrived. Foster will contact James Wyer, Deephaven, to see if he would volunteer his professional services in helping to prepare the brochure. B. Reassess Quiet Waters Areas The executive director explained that, following the changes during the high water period, several people have expressed the opinion that the minimum wake restrictions were an improvement. They asked if some of the areas could be changed to a minimum wake beyond the high water period. Using the map with the areas marked minimum wake during the high water period, the committee discussed which areas could be extended on a continuing basis. Wayzata Bay, tluntington's Point and the City of Minnetonka Beach shore south of the Arcola Bridge were suggested. Grathwol suggested asking Denis Bailey, Hennepin County Lake Improvements, to come to a meeting to discuss the locations. Rascop said comments should be solicited from the Water Patrol and Power Squadron. C. Adequacy of the 150~ shorezone area ¢ochran said there should be consensus that the committee is discussing 150' from shore, 150' from docks anti 150' from an- chored boats. Rascop said the MnDNR uses 60 meters as a measur- ing device. Reese was excused. LAKE USE AND RECREATION COMMITTEE November 22, 1993 Foster used the Deephaven launch ramp as an example of an area where there are complaints that the traffic is too close to shore during the winter months. It appears that people ice fishing plow out various roads at that location and do not abide by the 150' rule. Several suggestions were put forth as to how the area could be marked. Foster said it might be possible to borrow some snow fencing from the Minnetonka Yacht Club. Foster will contact the Deephaven Mayor-elect to see if the City Public Works crew could install the fencing. Cochran suggested hiring a private contrac- tor who does that type of work for others on the Lake. That suggestion led to a discussion of the LMCD liability if someone were injured in doing the work for the District. Grathwol sug- gested asking the Board for permission to borrow fencing and to hire a private contractor, with insurance, to put it up at a cost not to exceed $500, for a one year test. Foster asked if the committee wanted to change the distance from shore to 60 meters. It was noted that the (:ode and all publications call for 150', Cochran suggested adding the 150' distance to moving boats, citing areas of the Lake. Rascop proposed eliminating a channel in open water. The Upper Lake Channel south of Spray Island has a problem of boats operating at speed in a narrow channel. Foster suggested asking Denis Bailey if there is a reason why that is marked as a chan- nel. All of these will be discussed at the January committee meeting. 6. Special Event Definition Foster said the District should amend the ordinance with new special event definitions. There should be coordination with the Water Patrol on what constitutes a Special Event. Thibault submitted an updated memo commenting on Sect. 1.02, Subd. 53, the definition of special events in the Code. After talking to Sgt. Chandler and Capt. Peterson of the Water Patrol, a revised definition (from that suggested in an earlier 10/12/93 memo) was submitted, per the 11/17/93 memo. This was a recommendation from the metropolitan area sheriffs. Sgt. Chan- dler of the Water Patrol said there should not be a limitation on the number of boats. Cochran said there should be a license with or without a fee and with or without the number of people in- volved. Grathwol said it is the District's responsibility to develop definitions which are clear and understandable so people know what the rules are. He does not like to have thinos= left to someone's discretion. Cochran said the wording of the paragraph cited by Thibault accepts that everyone knows that everything needs a Special Event License. Foster questioned how the District can claim a 20 boat fishing contest has an impact on the Lake. Rascop said that follows MnDNR rules. The executive director mentioned informal LAKE USE AND RECREATION COMMITTEE January 22, 1993 activities such as boat "poker" runs which can involve many boats. Foster said he does not want to be micro-managing the Lake. Rascop mentioned the possible liability in not being definite in defining Special Events resulting in accidents at unlicensed events. Thibault said the staff would like better definitions of parasailing and boat shows. Foster said the committee should pursue, as an objective, to come up with a definition not to micro-manage the Lake, yet have a regulation when an event is of significance. Other items mentioned were licensing fireworks which are set off from land over the water and "For Hire' airplane rides. MOTION: Rascop moved, Cochran seconded, to recommend to the Board enforcement of the Code, not allowing the frequent taking off and landing of airplanes, including those for hire, on week- ends. VOTE: Motion carried unanimously. The above could be a consent agenda item. Foster said the committee will have as an objective in 1994 of clarifying the definitions of what special events are to be managed, to develop a list of events that are minor and do not need managing. 7. Boating study The executive director distributed the 11/4/93 report of the Boating Study of Lake Minnetonka, 1994 Planning Review, for the committee's information. Adjournment Chair Foster declared the meetin~ adjourned at 7 PM. FOR THE COMMITTEE Eugene Strommen, Executive Director Bert Foster, Chair NOV 2. 9 1993 LAKE MINNETONKA CONSERVATION DISTRICT Eurasian Wa%er Milfoll Task Force Minutes 8:30 am, Friday, November 19, 1993 Conference Rm. ]35, Norwest Bank Bldg., Wayzata Present: Chair Tom Penn, LMCD board, Tonka Bay; Dave Cochran, LMCD Board, Greenwood; Tom Reese, LMCD board, Mound; John Barren, Hennepin Parks; Chip Welling, Mike Halverson, Rick Walsh, MN DNR; Carolyn Dindorf, Hennepin Conservation District; Ray Newman, U of M Fisheries; Marsha Videen, E. Parkers Lake Improvement Assn.; Gene Strommen, Executive Director MINUTES REVIEW. 10/15/93 minutes were accepted as presented. MN DNR PRELIMINARY REPORT ON THE EFFECTS OF SONAR (Registered trademark) HERBICIDE ON EURASIAN WATERMILFOIL AND OTHER SUBMERSED AQUATIC PLANTS IN FIELD ENCLOSURES, Chip Welling: Welling presented a summary report based upon his 11/12/93 report submitted in advance to Task Force members. The primary purpose of this study was to identify the lowest rate of application of Sonar that reduces milfoil abundance. The secondary purpose of the study was to determine whether any plants other than milfoil can survive exposures to these applications. The enclosure studies are a part of a research program which will include applications of Sonar to whole lakes in MN during 1994. (See report for field test details.) The experiment was less informative than expected. A mid- summer algal bloom in Parkers Lake disrupted the test. Algal blooms and seagull defecation due to roosting on the enclosures disrupted the St. Alban's Bay test. Sonar application in Zumbra Lake enclosures reduced biomass of plants other than EWM but not the biomass of milfoil. Possible explanations for the lack of effect of the herbicide on milfoil in the enclosures include the fact that Sonar was applied late in the growing season, effects of enclosures, or both. A discussion of the outcome of the enclosure tests, as well as presentation of all results, will be included in a future report. Welling further commented that the design for the experiment was valid. The late application (6/21/93 compared to a planned early to mid-May application) may have influenced the outcome. More time was required to prepare and install the enclosures than anticipated. There are no plans for more enclosure tests. The next step is whole lake testing. EWM TASK FORCE MINUTES, 11/19/93, P. 2 In order to kill plants with Sonar, Welling reported that 60 to 90 days contact with Sonar is required. An early high concentration followed by a low or no concentration would allow plants to recover. The key to effective Sonar control is to have long exposure duration at low concentrations. Dick Osgood submitted an evaluation of the DNR Sonar (fluridone) field test report dated 11/17/93. Osgood sees this test as one step in a longer evaluation of fluridone use in MN lakes. Osgood sees the effective use of fluridone treatment for EWM in Lake Minnetonka as poor in the next five years. Depending on the final outcome of DNR and other f]uridone evaluations, any use in Lake Minnetonka will be limited at best. Osgood recommendations: LMCD and cooperating agencies should: 1. Develop control strategies that do not rely on fluridone as a significant tool in the long-term management of EWM in Lake Minnetonka. 2. Continue to cooperatively evaluate fluridone for EWM control. The EWM Task Force Scientific Subcommittee should: 1. Keep abreast of the results of the DNR's fluridone treatment evaluation program as well as the experience of other states. It should advise the EWM Task Force, DNR and other cooperators to facilitate the most timely and effective use of fluridone for EWM control and (possible) eradication in MN lakes. 2. Evaluate the effectiveness of fluridone for smaller scale treatments for selective EWM control. 3. Keep abreast of all available control technologies and periodically advise the EWM Task Force regarding their use for Lake Minnetonka. Penn expressed appreciation on behalf of the Task Force for DNR's effort to evaluate Sonar through field enclosure tests. He sees Osgood's assessment of the tests as appropriate to the problem being faced in Lake Minnetonka. An early communication to St. Alban's Bay residents jointly by LMCD and DNR is needed, Penn added. Welling agreed to work with LMCD staff in January to develop a news release on the Sonar enclosure tests, identifying it as a part of a larger program, including the experience of other states. An announcement on the triclopyr (Garlon 3a study in cooperation with the CoE, LMCD and DowElanco will also be appropriate. Cooperation of lake shore owners urging EWM TASK FORCE MINUTES, 11/19/93, P. 3 them not to engage in treatments near the triclopyr tests will be essential. HENNEPIN CONSERVATION DISTRICT ACTION ON LMLOA GRANT REQUEST. Dindorf reported that the HCD board met in October to hear Cob Burandt, a partner with John Evans in developing the milfoil and aquatic plant pulling equipment, present his case for the grant request sponsored by the LMLOA. The HCD board approved an initial $5,000 grant to convert Evan's harvester after which HCD will evaluate how wisely that money has been spent. Burandt agreed to participate with LMCD in a pulling evaluation. They will also provide an in-kind match or discounted pulling service for milfoil control in Lake Minnetonka. Administrative costs are not covered in the grant funds. Dindorf noted the staff and board supported the program on the basis of the HCD interest in alternative milfoil control techniques. Reese asked the Task Force that he would welcome a challenge to his financial evaluation of the pulling procedure. Reese maintains it will not be economical for inclusion in LMCD's mechanical removal program. What will be done with the pulling equipment and procedure will depend on whether the cost justifies its use. A determination will remain as to whether the pulling procedure will be limited to shore areas or whole lake milfoil removal. LMCD equipment modification has not gone beyond the initial October in-water test with the cutter head assemblies removed. That limited test did not produce favorable pulling results due to limits of the propeller propulsion system. A decision has not been supported on investing some $10,000 to convert one harvester to a paddle wheel propulsion. BIOLOGICAL CONTROL REPORT. Newman reported that weevils have been found this fall in milfoil fragments washed up on the shore of Lake Auburn. Some 300 weevils per square meter were located. It is believed the weevils can winter in the shore milfoil fragment accumulations. Newman also reported significant weevil infestation has been located in Devils Lake, WI. Otter Lake is also being observed for weevil impact. The Vermont DNR has introduced weevils into lakes to begin their weevil impact study. SITUATION ANALYSIS OUTLINE. Strommen called attention to a meeting now set for 8:30 am, Tuesday, December 7, in the LMCD conference room 160 where agency representatives will review consultant Osgood's recommendations for the Task Force EWM Task Force Minutes, 11/19/93, P. 4 regarding Lake Minnetonka's milfoil condition. The analysis is in response to the survey conducted among agency, lake shore owners and other interested stakeholders in September. LAKE ASSOCIATIONS. Marsha Videen reported that their association is discussing the advisability of putting limits on the Parkers Lake public access once the Sonar whole lake test is done in 1994. She also reported that a Basset Creek diagnostic study on the lake has been presented. The study addresses storm water run-off control, water diversion, use of skimmers, alum treatment in ponding areas and other means to help protect the lake's environment. ADJOURNMENT. There being no further business, the meeting was adjourned at 10:05 am. There will be no EWM Task Force meeting in December. next meeting will be 8:30 am, Friday, January 21. The Respectfully submitted, Euge/5/_R. Strommen ExecUtive Director LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Meeting Report 5:30 pm, Wednesday, October 27, 1993 Tonka Bay City Hall Present: Committee Chair Scott Carlson, Minnetrista; Dave Cochran, Greenwood; Bert Foster, Deephaven; Jim Grathwol, Excelsior;-Bob Rascop, Shorewood; Gene Strommen, Executive Director; Rachel Thibault, Administrative Technician. MEETING REPORT. The committee accepted the 9/22/93 meeting report, forwarding it to the board for approval. MAYORS THIRD QUARTER MEETING REVIEW. Staff circulated a summary report of mayor and board member com~nents made at the 9/24 meeting. The suggestion made at the meeting by Mound Mayor Skip Johnson to invite cities to take a "yes" or "no" vote on the continuation of LMCD was discussed. It was noted that Mound, Excelsior and Minnetonka Beach addressed the question, some raising points of concern but none voting to dissolve the LMCD. A City of Orono resolution to dissolve the LMCD was passed 10/25, the only such resolution. The Orono mayor has stated this position at the mayors meetings. The committee concluded that: 1. Board members should continue to meet with their city officials seeking their feedback about LMCD prior to Nov. 20. board workshop. 2. The Third Quarter Mayors Meeting Report should be circulated. A cover letter from the LMCD chair, along with background on the LMCD enabling act, the Management Plan Executive Summary and Orono city council resolution is to be included. BOARD WORKSHOP NOV. 20. A draft agenda of suggested topics was reviewed. Fewer topics were recommended for the 9:00 am to 12:00 noon meeting. The topics and priority order are: Funding Alternatives: a. Watercraft registration fee. Analyze revenue potential from watercraft in the metro region from MN DNR registration data as presented in September. Also examine revenue potential from a possible state wide registration fee. b. Review plan with agencies (i.e. cities, DNR, Park District, legislators) inviting support for funding. Administrative Committee, Meeting Report,, 10/27/93, P. 2 2. Standing Committee Priorities: Each committee chair, working with staff, introduce their two or three highest priority items for 1994, inviting board response to prioritize the items: a. Eurasian Water Milfoil Task Force b. Lake Use and Recreation c. Lake Access d. Water Structures 3. Environment objectives and consultant's work plan in carrying them out; 4. Communication and public education strategies: a. Examine existing and proposed communications with: * city councils * Cooperating Agencies * Lake organizations and public SAVE THE LAKE FUND ADVISORY COMMITTEE. Johnstone and Strommen explained how the LMLOA president Miles Canning asked how their organization might participate through the Save the Lake Fund in raising money and funding research and education projects to benefit Lake Minnetonka. Canning believes the LMLOA should take an active role in funding such projects. LMLOA is not a 501-C3 tax exempt organization due to its lobbying activities. LMLOA does not want to give up its lobbying ability. Alternatives it has looked into for establishing a tax-exempt fund include the MN Foundation. This organization provides fund raising services and manages the investments for a moderate fee according to Canning. Canning prefers a partnership with the Save the Lake Fund. An advisory group would participate in planning and carrying out the fund raising as well as reconmmend projects for fund support. LMLOA presently is seeking funds for an experimental weed pulling operation. The Hennepin Conservation District has funds remaining from a prior county grant which may be used for this purpose. Johnstone sees an advisory committee as an opportunity to bring ideas for research and education projects to benefit the lake. In turn the committee would serve to broaden the fund raising base, perhaps taking an active role in raising more funds than the present average $25,000 annual revenue. The LMCD board would retain its role on allocating fund distribution, taking into account committee recommendations. Co~mmittee concensus favored programs benefiting the lake and its public use as the underlying basis for project funding. ~the c~.~tt~_~. Eug~r~ R. Stromm NOV 2 9 1993 LAKE MINNETONKA CONSERVATION DISTRICT Board of Directors Workshop Report 9:20 am, Saturday, November 20, 1993 Conference Rm. 135, Norwest Bank Bldg., Wayzata Present: Chair Bill Johnstone, Minnetonka; Doug Babcock, Spring Park; Mike Bloom, Minnetonka Beach; Scott Carlson, Minnetrista; Bert Foster, Deephaven; Jim Grathwol, Excelsior; Tom Penn, Tonka Bay; Tom Reese, Mound; Bob Rascop, Shorewood; Bob Slocum, Woodland; Herb Suerth, 1994 board appointee, Woodland; Administrative Technician Rachel Thibault; Executive Director Gene Strommen. INTRODUCTION. Chair Johnstone reviewed the meeting agenda. He invited a change in presentations to open with the Fee Study Subcommittee. Board members concurred with the change. FEE STUDY SUBCOMMITTEE. An 11/12/93 Summation of the Fee Study Subcommittee meetings from January to August 1993 was mailed to board members. The 11/23/92 Purpose and Identification of Multiple Dock Related Activities outline was addressed first by the subcommittee. Agreements or recommendations by subcommittee members on the eight points in the 11/23/92 outline relate to costs applicable to multiple docks. These are summarized from the 11/12/93 Subcommittee report as follows: 1. Items 1 through 4 of Multiple Dock Related Activities outline of 11/23/92 were accepted. 2. Cost data for staff time (executive director, administrative technician) are to be gathered for a full year through December, 1993. 3. Costs relating to processing Code amendments (item 5) were proposed to be based on a three-year cost average. There was no consensus on code amendment costs, many of which are prompted by the existence of multiple docks. Ten code changes relating to multiple docks during 1992- 93 were reported by staff. 4. Costs for conducting studies and reviews prompted by installation and operation of multiple docks directly impacting the lake (item 6) are applicable, including possible technical consulting service. 5. Fifteen percent of costs for Lake Use boat density studies (item 7) was offered by multiple dock representatives as an expense they would support. BOARD WORKSHOP REPORT, 11/20/93, P. 2 ® Agreement on cost allocation is pending on litigation expenses resulting from failure of multiple dock licensees to comply with LMCD requirements (item 8). Multiple dock representatives suqgested such costs be covered by a bond or deposit. LMCD legal counsel and staff concluded it would be difficult to collect b_y this means or to enforce compliance. Monitoring 1993 cost experience for non-compliance was recommended by staff to determine if a bond or deposit system is warranted. Additional topics discussed were: 1. Dock Use Area (DUA) "envelope" concept introduced to possibly reduce staff inspection time. It would also change the manner in which dock fees are allocated. Multiple dock licensees would have certain allowances to make dock configuration and slip changes within the envelope. Other limitations might apply to grandfathered licensed facilities. This concept was recommended for Water Structures Committee review. Residential slip rental which competes with commercial marina rentals was identified as a business problem. LMCD background on boat allowances at residential properties was reviewed. City involvement in prohibiting slip rental to persons not residing at the residence was discussed as a part of the solution. No conclusion was reached. Subcommittee Chair Carlson addressed allocating LMCD overhead costs which are over and above staff time in administering multiple dock licenses. These costs will be identified as part of the basis for the fees. Carlson also felt uncomfortable establishing a multiple dock license fee based on one year's staff time experience, namely 1993. Staff time commitments have been higher in some prior years as license irregularities and violations were greater. The forecast at this time could result in a further fee reduction, depending upon the 1993 staff time summary, overhead costs and resolution of other costs cited in the above summary. With approximately 7,700 watercraft storage units (WSU's) upon which multiple dock license fees are currently based, each dollar reduction in WSU fees results in $7,700 income reduction. WATERCRAFT REGISTRATION FEE FUNDING ALTERNATIVE. Johnstone circulated a draft concept identifying background and conditions under which a fee might be introduced for state legislative consideration. BOARD WORKSHOP REPORT, 11/20/93, P. 3 Rather than a flat fee for all sizes of watercraft, it was suggested the fee be based on. 50% (or some percent) of the DNR watercraft registration fee charged every three years. That would provide a range of $1.50 for watercraft owned by non-profit organizations for educational purposes, to $20 for a pleasure watercraft 40' and over. A watercraft for hire with an operator would be the highest at $25. Specific uses should be identified for which funds are to be raised. Funds should not be used for long-term research programs and "general" funding needs. The choice of a seven county metro fee or state-wide fee is open for consideration. The MN Lakes Association will be contacted for their possible interest in a state-wide fee. A method of allocating funds should be determined before making any presentation to the legislature. Recreational lakes for which fee allocation would be provided should be limited to those with public accesses. Enlisting sports fishing groups and other power and recreation boating organizations to support such a fee would be necessary for its legislative passage. A launch ramp or parking fee was suggested. Getting authorization for such a fee and collection methods were cited as problematic factors in this type of watercraft user fee. Lake accident history and law enforcement experience should be considered in the fee allocation system. The benefits to be derived from programs supported by such a fee should be demonstrated to the largest possible audience- metro or state-to help in its ultimate adoption. It was recognized that the 700 car/trailer parking goal must be showing favorable progress by the time legislation for the watercraft surcharge is introduced. NEXT STEPS TO MOVE TOWARD A WATERCRAFT REGISTRATION FEE: 1. Get lake surface information on metro county lakes with public accesses. 2. Bring cities in early on the proposal. 3. Chair and executive director to revise the draft concept per this discussion for presentation to the 12/1/93 Administrative Committee. BOARD WORKSHOP REPORT, 11/20/93, P. 4 STANDING COMMITTEE PRIORITIES. EURASIAN WATER MILFOIL TASK FORCE, Tom Penn Better milfoil control methods are still very limited. Sonar (fluridone) is not expected to be used for whole- lake application format least five years if not longer. Garlon 3A (triclopyr), a possible replacement herbicide for 2.4d, would be limited to near-shore use. Biological methods (weevil) are about ten years away as a control prospect. Mechanical harvesting is still the prospect for Lake Minnetonka. A Milfoil situation Analysis prepared by consultant Dick Osgood will be reviewed by agency specialists December 7. It reviews the Management Plan objectives and policies. A portion of the situation Analysis, the "Situation Matrix", was distributed. The matrix identifies lake areas impacted by exotics and the factors influenced by milfoil, namely Aesthetics, Recreation, Economics and Ecology. Penn sees this as valuable in setting the EWM Task Force priorities for 1994. Fragment control during harvesting and shore clean-up will continue to receive attention for improvement. Milfoil spread control from public accesses by keeping them clean will be emphasized. New milfoil control methods will be monitored so those with potential for application to Lake Minnetonka can be applied. 6. Harvesting efficiency will continue to be a priority. 7. Communications to cities and the public will be expanded. The question was raised as to what the board's position would be if a city did not make its voluntary contribution to the EWM harvesting program. Penn said the over-all program would have to be reduced. How individual cities would be impacted has not been determined. LAKE USE AND RECREATION, Bert Foster Objectives for 1994 were presented in a prepared outline: a. Review boat wake controls: * Assess quiet waters areas based on high water emergency minimum wake restriction experience. * Discuss adequacy of the 150' shorezone area. * Develop a "responsible wake" education brochure. b. Review the special event definition BOARD WORKSHOP REPORT, 11/20/93, P. 5 c. Monitor enforcement of new decibel ordinance. d. Conduct boat density study for 1994, examine results. e. Meet with lake area law enforcement agencies by 3/15/94. Board members enthusiastically supported the effort on wake control through education and other means. LAKE ACCESS, Jim Grathwol A refined report has been distributed for review at the 11/22/93 meeting. The committee's objectives for 1994 are to: 1. Continue effort to secure agreements with cities/agencies Monitor access development at Grays Bay Causeway and the Hennepin Regional Park 3. Continue to explore prospects for potential new accesses 4. Recommend improvements at existing accesses. WATER STRUCTURES, Doug Babcock Babcock cited two main issues he believes deserve attention: 1. Non-compliance with the 100' maximum dock length at residences. 2. Non-conforming multiple docks Possible topics for discussion in 1994 were as follows: 1. Review how LMCD is dealing with non-conforming multiple dock licenses. Code presently does not allow them to change configuration beyond 100' or to increase slip sizes. 2. Is the envelope concept feasible? 3. Is the 1:10 boat density rule still desirable? 4. Should dock length limit to 100' be reconsidered? 5. Should mix of boat sizes be addressed? Reese requested that lighting from docks and shore beaming out over the lake be included as a committee objective. He added that his lighting engineer is preparing specifications to deal with the lighting issue. ENVIRONMENT, Bob Rascop Rascop asked board members for their response as to how they believe LMCD should be managing the lake. The issue of contact recreation was discussed, identifying it as activities in or on the water. BOARD WORKSHOP REPORT, 11/20/93, P. 6 It was pointed out that facilitating the environmental lake needs requires technical expertise which is what brought LMCD to engage consultant Dick Osgood. Issues discussed were as follows: 1. The LMCD should retain the focus on environmental needs of the lake. 2. Can the environmental needs of the lake be met by holding an annual summit of technical organizations? 3. It was agreed LMCD should not spend money on research or data collection. Board members asked that the consultant identify how the Management Plan objectives can be re-stated. Recommendations on data collection and other implementation steps should then follow those objective positions. The executive director will discuss these concerns with consultant Osgood. COMMUNICATIONS, all board members: Public contact through the spring boat show was proposed. It was suggested that the hours involved would be beyond the scope of staff or the board. A quarterly written report to the cities for mayors and council members was proposed. It could include: a. Message from the board chair b. Summary of actions taken by the board c. Personalized cover letter from each board member Chair Johnstone stated he expects to make a presentation to each of the city councils during the year. Johnstone noted he expects each director will appear at least quarterly at their council meetings. Se A meeting by Johnstone and the executive director with the Hennepin County Sheriff and an inspector was held to encourage open communications with the sheriff and staff. Forums dealing with issues such as water recreation, environment and others, were suggested on a periodic basis. ADJOURNMENT. There being no further business, the workshop was adjourned at 12:15 pm. Respectfully submitted, Eugene R. Strommen Executive Director NOV 2 9 1998 LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Committee Meeting Report 7:00 pm, Honday, November 22, 1993 LMCD Conference Rm 160, Norwest Bank Bldg. Present: Chair Jim Grathwol, Excelsior; Scott Carlson, Minnetrista; Dave Cochran, Greenwood; Bert Foster, Deephaven; Bill Johnstone, Minnetonka; Bob Rascop, Shorewood; Mike Markell, Larry Killien and Gordon Kimball, DNR Trails & Waterways; Executive Director Gene Stron~nen; INTRODUCTION. Grathwol identified the three report sections and appendices representing the full Lake Access Task Force report draft as mailed for advance review. The Executive Summary, Task Force Priority Assignments and Detailed (chronological) outline of 11/8/93 were so presented. The purpose at this time is to review the report and appendices for adoption by the Lake Access Task Force. EXECUTIVE SUMMARY CRITIQUE: 1. The on-going tasks at the Executive Summary end should be moved up to the second paragraph. 2. Funding -- a statement as to what is to be done if the 700 c/t parking goal is not met and there are no dollars to proceed with acquiring more access space. a. The funding statement is not an excuse to justify not completing the 700 c/t goal. b. DNR understands that the cities or county will be responsible for their annual access maintenance expenses. c. DNR notes that justification can be developed for new access site acquisitions, but maintenance funds come from operations accounts which are limited. d. Traditionally, DNR has no advance capital funds for potential high-dollar value new access sites. 3. Additional editorial changes for the Executive Summary were noted by the executive director. 4. A statement is also needed to identify how many c/t parking spaces are already in use, and how formalizing the spaces through agreements will provide for more satisfactory and reliable public c/t parking. 5. The Executive Sun, nary should not exceed one page length. tl .23 LAKE ACCESS COMMITTEE MEETING REPORT, ll/19/93, P. 2 TASK FORCE PRIORITY ASSIGNMENTS SECTION CRITIQUE: 1. The title of this section was recommended to be changed. Board members found the over-all content of this section well stated. The Parking Inventory, Appendix 1, was reviewed. The 735 total for existing and potential c/t spaces was believed publicly misleading. Also, the totals of the four columns to the right of the 735 column were noted to add up incorrectly to 767 spaces. The 2nd column, "Currently Available in Lots" is to be reduced by 32 c/t spaces, the amount for Kings Point subject to removal by agreement. It was further recommended that the remaining three columns be re-addressed for their current potential to produce c/t parking spaces. It is expected that these totals will be reduced as a result. Grathwol, Kimball and Strommen will meet within a week to evaluate these counts for any appropriate adjustments. It was further commented that achieving the 700 c/t parking spaces would be an evolutionary process. LMCD will carry on this effort with the DNR and other entities Gray's Bay Causeway was noted to be under review by the Minnetonka City Council. Initially the city is trying to determine how it can provide permit parking for city residents. Inclusion of free public access parking would have to be addressed by DNR and LMCD as part of the lake access c/t parking goal. Leasing space in marinas is breaking new ground according to DNR officials. DETAILED OUTLINE OF 1-1/8/93. This outline will be reviewed for developing into a chronology of subcommittee and Task Force proceedings and actions. Committee chair Grathwol and the executive director will continue this review. LAKE ACCESS TASK FORCE READINESS. It was concluded that it will be mid-January to February before a final draft report will be ready for the Lake Access Task Force. There being no further business, the meeting was adjourned t 9:05 pm. .~~ec t fu 1 ly)~bmitted , Executive Director MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMI ION November 22, 1993 Those present were: Chair Bill Meyer, Commissioners Bill Voss, Jerry Clapsaddle, Mark Hanus, and Brian Johnson, City Council Representative Liz Jensen, Building official Jon Sutherland and Secretary Peggy James. Commissioners Geoff Michael, Michael Mueller, and Frank Weiland were absent and excused. The following people were also in attendance: James Baer, John Seorum, Mike Moser, Pat McDonough, Harry Hoese, and Barry Eliason. MINUTES The Planning Commission Minutes of November 8, 1993 were presented for approval. MOTION made by Voss, seconded by Hanus, to approve the Planning Commission Minutes of November 8, 1993 as written. Motion carried unanimously. TR~T~ IN HOUSING - COMMENTS FROM THE MINNESOTA SOCIETY OF HOUSING INSPECTORS (MSHI} BO]~RD MEMBERS. Building official, Jon Sutherland, introduced those MSHI members present and commented that the purpose of this meeting is to hear their comments, gather information, and possibly send this back to the subcommittee to redevelop the forms. He noted three members of the MSHI intend to address the commission with their comments on our proposed ordinance, however, it is the general consensus and recommendation of the MSHI members that Mound adopt the program, forms and guidelines currently used by the City of St. Paul. President of MSHI, Barry Eliason, started their presentation by reviewing suggested changes to our proposed forms and ordinance, see the attached Exhibit A. Basically, their suggested changes will shorten the form and clean-up minor items. There was specific discussion relating to the zoning portion of our forms and how this information can best be made available to the buyer. Comments and suggestions are as follows: 1. Print directly on the form ,,Check with City to get zoning information", or state, "Form A is not valid until Form B is attached." Planning Commission Minutes November 22, 1993 2. When evaluator gets a request for an inspection, they can call city hall immediately to initiate processing of the zoning form. The city can have the zoning portion ready for the evaluators in a couple of days to either pick-up or it can be mailed to the owner and evaluator. If this system were implemented, some type of answering service is suggested for calls made by evaluators after hours. 3. The evaluator could send the form to the City for them to complete and then the city could send it to the owner and evaluator. 4. The evaluator could mail city their copy and city could do zoning report, hopefully the same day, then mail it directly to the house and city will have only delayed evaluators by one or two days. 5. Evaluators do not want to be responsible for completion of zoning portion of the form. Misinformation can be eliminated by having the city do the zoning portion. 6. Any shading on the form is not a good idea as it does not always copy well. 7. Could require that the realtor be responsible for both portions of the form being available instead of placing the burden on the evaluator. 8. Either reduce the form so one party can fill out entire report, or maybe one document needs to be routed through both parties before it reaches its destination as originally proposed. It was determined that the subcommittee should work on this issue. It was specifically noted that if the evaluators are to count the number of accessory buildings on a property, they need to know the definition for an accessory building. Harry Hoese, Chairman of the Board, submitted copies of a revised form which he created by combining our form and the Minneapolis form, see Exhibit B. He stated that the same could be done with the St. Paul form. Planning Commission Minutes November 22, 1993 Mike Moser, Director of MSHI, spoke in favor the St. Paul forms and their entire program. He suggested that the city of Mound adopt St. Paul's form format and guidelines using same numbering system on form. He stressed how doing this could benefit the City of Mound: 1. If Mound creates their own form there could be legal repercussions whereas St. Paul has already worked out the bugs. 2. James J. Yannarelly, from the City of St. Paul, will condone plagiarism of their forms and guidelines and he would be willing to assist Mound in doing so. The city of St. Paul will also keep the forms and guidelines current relating to codes change. 3. Why not plagiarize twenty years of experience? 4. If evaluators have the same forms to work with from city to city this reduces the error factor and consistency can be achieved, then everyone will benefit. 5. It would be beneficial to the evaluators to use a form they are familiar with when coming to a new program in a different city. 6. Form is on one folded 11" x 17" sheet which is easier to use. 7. Printing costs can be reduced if the City can make and reproduce the forms. None of the evaluator's present stated they have a problem with the St. Paul form. It was questioned if it is not too late to start over? Jensen thinks it is good to do St. Paul's program and feels there is merit in having them do the updating, but Mound is not St. Paul. It was noted that Mound is similar to St. Paul as the housing age and problems are similar. Hanus questioned how is city Council is perceiving administration to work? Sutherland commented that he and the city Manager are to bring implementation information to the Planning Commission before the ordinance is forwarded to the city Council. Sutherland noted that the zoning portion could kill the proposal of this ordinance, we should keep the zoning information to a minimum now, do only what we can handle and add to it in the future as needed. 3 Planning Comm£esion Minutes November 22, 1993 This subject will be forwarded to the subcommittee for review (Mark Hanus, Michael Mueller, and Geoff Michael). CITY COUNCIL REPRESENTATIVE'S REPORT. LiZ Jensen reviewed the City Council meeting minutes of November 9, 1993 and the agenda for November 23, 1993. MOTION made by Hanus, seconded by ross, to adjourn the meeting at 10:04 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: 4 Planning November commission Minutes 22, 1993 Exhibit A p. 1of 4 Minnesota Society of Housing lnspectmm November 22, 1993 Cb of Mound 5341 Maywood Road Mound, MN 55364 ATTENTION: ]ohn Suthedmd SUBJECT: TRUTH-IN-HOUSING The officers of thc N~nn~om Society of Homing Inspcctor~ (MSI-H) m:t on November 15, 1993 to discuss the proposed Truth-in-Homing disclosure report, Evaluatofs Guide and Zoning rcpom for the City of Mound. The discussion rcw. alcd thc following comments for your consideration: D~CLOSURE RE.PORT FORM GENERAL COMMENTS: 1. Consider using thc Minneapolis or St. Paul forms, only changing thc name of ~ City to Mound. Neither is perfect, but arc vo'y clog. Thc ~lualm and relators arc already familiar ~4m m~ ~ and using a clone would simplify things for all conc, cm~d. 2. If suggestion #1 is not porn'bio, then try to kccp thc gl)off ~o four pages max. This w~l save on paper, Elc space, postage and copy cxtx"nsc. PAGE Al: 1. T'q~hlcn up the printing on thc top 1/3 of the page. Usc smaller typ~ and spac~ to sav~ 2. Add a line for Realtors name and company. 3. Move thc cvaluators name, phone number and date to top pan of page. 4. lmcrt thc word 'limited" after thc words 'This Report offers an..." under item #2. Substitute thc word "should' for thc word "may" ~ ~ t~.ond sentence of Rcm #2. PAGE A2 1. Add "dauff to top of page and eliminate EvaluatoFs name,, phone and date fi'om bottom 2. Items 3a and 3b arc informational only, move to last page or eliminate. 3, Item #4 could be shortened by placing both walls and floor on one linc. 4c refers to a "owncr's statement on pagc I of this form' but th,~'~ is no such stalcmcnL 4. I~n #15 is unclear- should "Copper" bc added to beginning of sentence? If ~o ~h~ is Intormallonal only and sl~ould t)c movcxl to ~c last page. 5 Planning November Commission Minutes Exhibit A 22, 1993 Pa~e2 p. 2 of 4 5. Thc comments "Thc cvaluator is not required to ~blc items or evaluate inaccessible arems" under item #16 may not be necessary or should be moved to page I #S. 6. Item #17, AMPS and VOLTS information could be pieced on one linc. 7. Items I g and 20 m'e do not require separate line~ since they arc covered under #16. PAGE A3. 1. Add 'date" to top of page and eliminate Evaluator's re, me, phone and date from bottom of page. 2. Elimimtc cxplmetiom from top of page, not necess,~'y to v:peet this on cvcty page. 3. Eliminate "Thc cvaluetor is not required..." in Item #21. This is unnecessary since the limits of thc inspection are akeady explained on page 1. Also is unclear- are you ~ying thc cvaluator is not required to turn up the thermostat, thus igniting the heating plant, or is not reqtdrcd to light the pilot '_light'? 4. Eliminate item #22. If the berating plant is not in operation ~ comment can be made under #21. PAGE A4 1. Add "dale' to top ofpege and eliminate Evaluatofs name, phone and date fi.om bottom of pego. 2. Eliminate explanations f~om top of page, not necessary to ~ this on every page. 3. Item #$$ should be split into two questions, or number of dceping rooms could be given as an informational item on the same line as the heading 'SI-F. EPIAIG ROOMS" 4. Under "OTHER ROOMS", omil"...and attach additional ~m if necessary." This is not ne, c,e~a7 since any extra rooms can nommlly be covered in the space provided. 5. Move conunent:'This report coven only..." found after "EXTERIOR" heading to page PAGE A5 1. Add "date'' to top of page and eliminate Evaluator% name, phone and date fi-om botlom of page. 2. Eliminate explanafiom bom lop of page, not necessary to repeat this on every page. 3. Add "and drein~c" to item #72. 4. Since there is no b) under #78 it would be b~t to make Gutters and downspouts a m-parate item. Also, by asking for a yes or no answer the evaluator is not given the opportunity to comment on thc condition of thc gutters and downspouts. 5. there is no place ~o comment on the condition of the geregc windows. W'mdows could be added to item #$3, Garage doors. 6. Informational iterm under Garage doors should be moved ~o page #1. If the evaluator is not to t~t the automatic garage door opener, this needs to be stated more clearly. "Buyer to check..." is not the same thing as "evaluator does not test". Other infomtafional items could include a yes or no answer for if a garage door opener exists and if an infra red safety sensor is in place. Once again, consider moving all informational ite? to one place at lhe end of the report 7. Informational item A. doe~ not ask if the fireplace damper is present and functional, or if the condition of the fireplace appears to meet code requirements. Exhibit A ~lanning Commission Minutes ~ovember 22, 1993 Page3 p. 3 of 4 8. Infonnmional item F. docs not ask if thc dcadbolt lock mcct code requlremenm. PAGE A6 1. Eliminate explanations from top of page, not neccssaU to ~w, at this on every page. 2. Thc cvaluator's signature should appear al thc end of thc report along with his or her phone numbel' and thc date. 3. Thc comment 'Fireplaces..." is not necessary since page I #5 already slates that only thc itcras listed on thc form an: covered. If fu'eplaccs arc not to bc cvaluated then they should be r~mowxi as Informational item A. 4. Move comment "Buyers ar~ encouraged...' to page 1. One other suggestion that was not brought up by the group, but came to me lat~ and has bexn discussed regarding the other existing TIH programs, is to be sm to keep th~ spacing on the form to standard typewriter size for the benefit of those ~calualors who type their reports. EVALUATOR'S GUIDE It was agreed that including some of the more common housing maintenance code re. quimments such as stai~ay risc and run and handrail heights in the c-valuators guide is helpful. Evaluators will also need a copy of the Mound Property Maintenance Standards or similar document for additional information. The following comments are not all-inclusive. Several comments are only made once here, but may ne, ed to be applied a~veral times throughout the Gu~dz. For examplo, · comment under tho living room electrical section may also apply to the bedroom electrical section. Also, some questions may be clarified once we have had a chance lo read the Mound Housing Maintenance Manual or ~ document. LINE NUMBER COMMENTS 36. How is thc evaluator to determine if thc sump pump ia operablc? This may be outside the ~cope of the inspecfiom 41. The cxiatenee of any cracl~ should be included as arc, quirvd notation in foundation wal~. 78. The Disclosure Report oxcludea impecfing for insects. Dam~ed wood should be noted, but the source of the damage would be speculation. 133. Is lack ora back water valve considered Below or is this just informational.'? 240. Relief valve drain pipe should terminate within6 to 18 inches of the floor. 302. What material is not considered acceptable by the State Plumbing Cod~? 308. What criteria are to be used in ~ a "proper' hstallation? 312. Move 17.B to #16. 319. Ia the City Electrical Code to be used in determining the required number of outlets? Planning November Commission Minutes Exhibit A 22, 1993 Page4 p. 4 of 4 348. Consider clmnging "...any fxee standing space heate~.." to "...any Sl~Ce heater other than direct venting u~m" and omit thc last sentence. 380. "non-heating season' needs to be defined by specific dat~ i.e.. between October 15 and 646. 8% of floor arem in bathroom window size may be incorr~t. (3%?) 749. 7' ceiling heights are normally permitted in story and · half type home~. $95. Electric outlem ar~ not nomxally required in atticm. 923. 25% of an ama surface is · lot of tt~tked paint. Any amount of peeling etc. should merit at least a comment. 932. Since it is imposm'ble to determine a doors R rating in the field, sugg~t changing "...has eneegy efficiency rating of R2." to "is a insulated type door" 944. What is the "required number" of storms and screens? 1027. Automatic garage door openers need to be addressed here as either to be omitted from the inspection, or t~ste, d. PART B- ZONING The consevaus of the group was that it seems awkwmd to have the TIH ev-g,_,~:or involved in the Zoning report in any way beyond indicting on the Report the dwelling type. Would it be possible to have the City Zoning Adminis~'ator prepare this report based on the Evaluators written ~ort or phone Another concern is the~ thc shaded ercas mey not copy well on ell copy nuchincs, cifl~-r blank~ out ~11 information or not showin~ thc sludcd ~cas dc,~. Wc hapc thc~c su~c~fions erc hcyfui to you and thc Council ~ you work towerd~ c~teblish~ your new TIH progrant It is thc ~oal of MSHI to work w~h you so that your pro. am is as crro~ frcc md smooth runnin~ as pos~%lc. A number of us plen to at.nd thc mcc~ scheduled for Novcmt~r 22 to answer any qucsfions you nuy have. J. Barry Eliason President 8 planning Commie~jd%V M%fnu~egnd TRUTH-IN-SALE OF HOUSING DISCLOSURE REPO~hibit B November 22, ~,9991341 Maywood Road, Mound, MN 55364 472-0600 p. 1 of 4 tA~X)RE~ O~ ~VALUA~EO OWE~ Ji,~j~8~(~O4r OWELLING UN~TS 'r~o__ I~PO£T~r~ EEALTB ~ SAFETY INFOENATIOI~: ~ny house built before 1970 say have lead-based paint. The presence of this paint can be · health hazard. For nora information on how to protect yourself end your fajily, please call 627-5100 (State of Hinnesota Environmental Health Department). 1. Any complaints regarding this form should be directed to the Examining Board. Any questions regarding this .Report should be directed to the Evaluator whose name appears below. ~,;,,~,,,~' Re orr offer· ar~ independent Evaluator'e overview of buil~ngtjcc~ponent· and lh~i~uref and le not technically extensive. Prospective buyers ~' seek additional opinions from various expert· in the inspection field prior to purchase. This Re~ort ia NOT · warranty or guarantee expressed or implied by the City of Mound or by the Evaluator, for any building component or fixture. 3. This report is not a code compliance inspection and will not be used by the Department of Inspections as a basis for enforcing the Building Code or Mound Ordinances. Minimum standards for this Disclosure Report are established in the Evaluator'a Guide. 4. The seller or seller's agent must make sure that this Report is publicly displayed on the premises when the house is shown to a p. rospective buyer. The seller or agent must give a copy of this Report to the buyer prior to the signing of a Purchase Agreement. 5. This Report covers only the items listed on the form. The Evaluator is not required to ignite the heating plant, use a ladder to observe condition of roofing,, evaluate inaccessible or concealed areas, or disassemble items. This Report does not address formaldehyde, lead paint, any airborne gas (including radon), asbestos, nor insect or 6, ThEe Report is NOT an FtC, or VA .inspection or appraisal. ?. This Report ia valid for one year from the date of issue and only for the owner named on the RepOrt. 8. If buyer intend· to rent out any portion of this property, contact 472-0600. Buyers are encouraged to discuss flood damage, sewer back-ups, or water seepage history with the seller. A. PRESENT ZONING DISTRICT: ............................. YES ~]( B. GEHE~L ZO, ING INrO.~Tm. S,EET IS ATTAC,ED? .... ~ ' '.~ ' ~. '~ f ~...~ ..~..~ '.f...L.'..' ....... .................. tIP["~[ 0~(i~ .......... : ~':" ~ ' "~'''~' ~ ~" '; ...... "~ ' ~ ' ; ";' '~'' ' ~''': ~''; ' Si#GL[ ~A~ILI . ~" . . ~-. ~ , · . - - ~ -.- ~ ? '~ ~..'..~. ~ .'.-.--'::~ .......' ''L.;;::;:..; ............. · :....i ..................... ::>:::;.:..--- :.-;:;'::.:. '.::-. .'; '.....- . . . CO~)CNIilglt BIT__ ........ lO. HOUSE__ i: ..:---: ':'XX": ';Y.' :' "-' .'>... -' · :.ii;i. '.. '-'.i.i: :. - ,...,... ......... '-., .... · TiS Ii0__ E. IS TNE PRINCIPAL USE OF THE PROPERTY CONFORMING. FOIl IIS ZONING DISTRICT? ......... tr~ .... Hr·laiR OF ~:CES~:~.f ST~UCT~ES: ...................... '? ' ' '"' ' ' YES NO__ ~ G. IS I#E PROPERTY CURREI4TLY HONESTEADED? .......................... ff the occupancy is indicated as being Non-Conforming. the owner shall provide the buyer, prior to closing, settlement, or transfer of ownership, a writlen and signed verification as to the zoning status by the City Zoning Administrator. i J P^G~ . o~ -- I I 9 Planninq Commission Minutes Nov~r~ A~r~es~. S3 S I! an item is non-existent the word "none" shall be indicated scross l~e box: Ilems c~ecked wilh ~ "0'* will have a commen~ nboul Ih~l ilem: Ilems checked wil~ ~ "B" nra below minimum requiremenls and musl hav~ a commenl that item; Items check~ with an "H" are Hazardous and must have a comment a~ut ~at item; Any item marked "M" indicates no problems visible relating to that i~e at ~e time of evaluation/Additional comment sh~ may be a~ched if need~. This repo~ covers only items visible at the time of ~e evaluation. 1. las~t Stairs 2. las~nt FLor -- 3. las~nt F~att~ ~atts ¢. ~. Evince of O~ss or Staini~ a) ~ ~s~t ,aL~s ............ yes . b) ~ ~s~t flor ............ ~s .._ S. las~nt SLeepi~ R~ .......... Y~ , If yes, go to ~rs 55 - 61 ~ this fo~. J 8~. First Flor, F[~ Systm 7. Cot~ I~ Be~ 8. Flor Oraim 9. Vaste a~ Vmt Pipi~ 10. ~ater Pipf~ 11. Gas PipJ~ 12. ~ater Heat~ 1~. ~ater Heater V~tl~_ lI. las~nt PL~t~ Fixtures 15.~Vater LI~ m Street Si~ of ~eter Neter . . yes 16. 17. 19. 20. ELectrical Service Size at Panst ANPS VOLTS 60 asp suitable for one eajor 220 voit ap~tiance. Separate 20 ANP Kitchen Circuit Indexed at Service Panel ................... yes__ Base~ent Etectricst OutLets/Fixtures ELectrical Outlet for Laundry Indexed st Service Panet ................... yes__ I 22. Heating plant viewed in operation ......... Yes 21. 22. 23. 2~,. No~ Heating Plant [nstsLLation ~ Heating PLant Vteued in Operation ..... yes . no__ Heating Plant Cc~b~stt~ Venting -- Auxi [tsry Ileating Units, .a~? . . yes__ no__ l) Insist iai ion ~ b) Vieued in operation ........ yes . no c) Comb,,~s t i on venting -- Exhibit B "NA" · NOT APPLICABI~ I "M" = MEETS MINIMUM REQUIREMENTS "B" = BELOW MINIMUM REQUIREMENTS "H" = HAZARDOUS "C" = COMMENTS "I4ON' z NON-I!;][ISTEN~ INDICATE ITEM NUMBER AND ADO INFORMATION HERE 10 & ,& PlanninQ Commission Minutes J "M" = MEETS MINIMUM REQUIREMENTS "B" = BELOW MINIMUM REQUIREMENTS Exhibit B --. ~ ,~: A C. "H" = HAZARDOUS "C" = COMMENTS J [llCEI: ;S. Viii and CeiLing Ccxq~ts Evidence of O~ss or Stlirtin9 ...... 2526` 28. View Size ~ ~bte Area 30. Et~tricat ~ttets a~/or Fixtures Pt~i~ Fixt~es ViLer ftou 33. Gas Plpi~ DilillIG ~ AND LIVING Ii~CIl: ~. wall and CeiLing CoevaLs 35. Evidence of Daq~ss or Staining ...... yes.__ 36. FLoor Ares & CeiLing Height 37, FloOr conditi~ 3~. Window Size and Openable Area ;39. Wi rx~ow Coe¢li t ion &0o ELectricaL OutLets BATHROCIIS: Al. WaLt and Ceiling Components /.2. Evidence of Oaepness or Staining ...... yes /,3. Floor Condition_ /,/,. Window Size /,5. Window ~6. ELectrical O~tiets and Fixtures 47. plumbing Fixtures /,8. Water FLow, HALLWAYS AM) STAIII'~ELLS: &9. 50. 51. 52. 55. WaLL and CeiLing Ccqx~,nts -- Evidence of Die,ness or Staining ...... yes no FLoor condition -- window Condition ELectricaL Outlets and Fixtures Stairs (upper floOrs) SEFJ)IUG IKXXS: ~ ~ ,55. /Nu~er of Steeping Ilooe~s ar~indow s_~. ~6. I Wall 8~ hiJi~ C~nts__ ~ 61. Electrical ~ttets a~ Fixtures __ ~. EYide~e of D~ss or Stiini~ ...... yes ~. E[ectrlcat ~tlets ~ Fixtures 10,90 INC~CATE ITEM NUMBER AND ADO INFORMATION HERE 11 Planning Comm£ss£on res ~'J NoY~ ~2~, ~ ~ ~ ~ Minutes Exhibit B I "M": MEETS MINIMUM REQUIREMENTS "8" = BELOW MINIMUM REQUIREMENTS "H" = HAZARDOUS "C" = COMMENTS ATTIC S~AC~ (if Kcessibte): 67. Roof boards and rafters -- M. Evidence of de.pr*ss or staining ...... yes . 69. Etectricat Outtets 8~::1 Fixtures ~at~ti~: ?0. f~a t J on 71. l~s~nt Vi~ O~rs (ftYs~store~screw) 76. St~ Cornice a~ trim 78. R~f cover[~ a~ f~as~{~. The eva~uator is ~t to~e ~ To.er to ~erve t~e c~iti~ of the ?9. 81. 8~ Gutters ar¢l do.nspouts ......... ~ ~ Chimney -- Etectrica[ out rets/fixtures I NFOI~AT ICllAL I TE]~: A. Fireptece I. Attic/ceiLing insutatiofl Type of Insutati(~ Approximate number of inches C. Attic ventitetion D. I~eatherst r Jpping wind~ Doors E. CauLking F. Dei<~x)t t tack Roof structure end covering I,'aLt structure &r~l covering (Bwer to ch~k: out--tic garage ~ors shard reverse strlki~ ~J~t. If it ~es ~t reverse, it ~ses o serl~ hazard. ) E[~tricat ~t [ets/fixtur~ Part I - Z~i~ of this DiscLosure Re.ri is ittach~ ...................... yes . ~ YES G. Smoke detector(s) Properly located Evaluator not respolsible for operation of smoke detector(s). Fireplaces, free standing fireplaces and air-conditiOning units are not evaluated. INDICATE ITEM NUMBER AND ADO INFORMATION HERE I hereby certi that this report is made in compliance with th( iY] ~' E n ~(; Code of Ordinances Chapter 3/S and that I utilized care and diligence re[~onable and ordinary for one meeting the Certification Standards. The report covers only those problems listed and I reasonably visble at the time of my evaluation and does not warrant future useful life of any house component or fixture. 12 TIMOTHY J. PENNY ~ST DISTRICT, MINNESOTA COMMITTEES: AGRICULTURE CHAIRMAN, FOREIGN AGRICULTURE AND HUNGER VETERANS' AFFAIRS SELECT COMMITTEE ON HUNGER WHIP-AT-LARGE November 16, 1993 WASHINGTON OFFICE 436 CANNON HOUSE OFFICE BUILDING WASHINGTON, DC 20515-2301 (202) 225-2472 D)STR~CT OFFICE 108 WEST PARK SQUARE P.O. BOX 368 OWATONNA, MN 55060 (507) 455-9151 (800) 862-8632 (MN ONLY) Skip Johnson Mayor City of Mound 5341 Maywood Road Mound, Minnesota 55364-1687 R[F.C' D NOV Dear Skip: Thank you for your recent comments. I appreciate hearing from you regarding unfunded federal mandates. I will certainly keep your views in mind if these matters come to a vote on the floor of the House. Thanks again for your comments. Please feel free to contact me if you have further questions or comments. TIMOTHY J. PENNY Member of Congress TJP:jm ® TH;S STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS HENNEPIN IL DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 417 North Fifth Street Minneapolis, Minnesota 5540 I-1309 Phone: [6'12] 348-6846 FAX: [6'12] 348-8532 CERTIFieD December 2, 1993 RtC'U DEC 6 1993 Subject: Amended Hennepin County Ordinance Thirteen, Solid Waste Source Separation and Recycling Ordinance Public Hearing on December 14, 1993, 11:00 a.m. Hennepin County Board Room, A-2400 Government Center To Ail Interested Parties: Enclosed is a copy of the amended Hennepin County Solid Waste Source Separation Ordinance (Ordinance 13). A public hearing will be held on Tuesday, December 14, 1993, at 11:00 a.m., in the Hennepin County Board Room for the purpose of amending Hennepin County Ordinance 13 to ban the disposal of corrugated cardboard, wood pallets, glass, aluminum, and high grade paper in Mixed Municipal Solid Waste by commercial waste generators. Written comments on the amended ordinance would be welcome and will be entered into the hearing record. Testimony will also be taken on December 14. If you have questions regarding the amended ordinance, feel free to call Carl Michaud, Principal Environmentalist, 348-3054. Sincerely, Director Enclosure HENNEPIN COUNTY an equal opportunity employer ORDINANCE NUMBER 13 SOURCE SEPARATION MD RECYCLING FOR ~SNN~P~S COUNT~ An ordinance regulating the separation of materials which must be separately managed from mixed municipal solid waste by generators, before collection of such materials within Hennepin County; establishing source-separation procedures and principles to be followed by the various subdivisions located in Hennepin County in order to meet recycling goals and in order to promote the health, welfare and safety of the public pursuant to Minn. Stat. ~ 115A.551 et seq. and 473.801 et seq. The County Board of Hennepin County, Minnesota, does ordain: SECTION I DEFINITIONS The following words and phrases, when used in this ordinance, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section. Subsection ! "Aluminum Recyclables" means all disposable containers fabricated primarily of aluminum and commonly used for soda, beer or other beverages. Subsection 2 "Can Recyclables" means all disposable containers fabricated primarily out of metal or tin. Subsection 3 "Cities" means statutory and home rule charter cities and towns authorized to plan under sections 462.351 to 462.364. Subsection 4 "Collection" means the removal of recyclables from the place at which they are generated and includes all activities up to the time the waste is delivered to a waste facility. Subsection 5 ,,Collector(s)" means any person(s) who owns, operates or leases vehicles for the purposes of collection and transportation of any type of mixed municipal solid waste, and/or recyclables. Subsection 6 -Commercial Waste" means waste generated by stores, offices, businesses, restaurants, warehouses, and other non-manufacturing activities, and non-process wastes such as office and packing wastes generated at industrial facilities. Subsection ? "Corrugated Cardboard" means any clean, sorted, stiff, moderately-thick paperboard with internal alternating ridges and grooves commonly used to ship merchandise to stores, offices, businesses, restaurants, warehouses and other non-manufacturing activities. Subsection 8 "County Board" means the Hennepin County Board of Commissioners and their authorized representatives. Subsection 9 "Department" means the Hennepin County Department of Public Works, Division of Environmental Management. Subsection 10 "Generation" means the act or process of producing waste. (as defined in Minn. Stat. 115A.03, subd. 11.) Subsection 11 "Generator" means any person who generates waste. (as defined in Minn. Stat. 115A.03, subd. 12.) Subsection 12 "Glass Recyclables" means Jars, bottles and containers, which are transparent or translucent and primarily used for packaging and bottling of various matter. Subsection 13 "Hauler" is a person engaged in the business of collecting, transporting, or disposing of recyclable materials, or a self-hauler who disposes of recyclable materials in excess of five (5) tons per month. Subsection 14 "High Grade Paper" means clean, dry, groundwood free, sorted, primarily white ledgers, envelopes, computer and copy paper from offices. Subsection 15 "Metropolitan Council" means the council established in Minn. Stat. Chapter 473. Subsection 16 "Mixed Municipal Solid Waste" means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil, and other materials, collected, processed, and disposed of as separate waste streams. (as defined in Minn. Stat. 115A.03, subd. 21.) Subsection 17 "Municipality" means any incorporated city within the boundaries of Hennepin County, Minnesota. Subsection 18 "Paper Recyclables" means paper of the type commonly referred to as newsprint. Expressly excluded, however, are all magazines or similar periodicals. Subsection 19 "Person" means any human being, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any other legal entity, but does not include the pollution control agency. (as defined in Minn. Stat. 116.06, subd. 17.) Subsection 20 "Political Subdivision" means any municipal corporation, governmental subdivision of the state, local government unit, special district, or local or regional board, commission or authority authorized by law to plan or -2- provide for waste management. (as defined in Minn. Stat. 115A.03, subd. 24.) Subsection 21 -Recyclable Materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling including paper, glass, plastics, metals, automobile oil and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. (as defined in Minn. Stat. 115A.03, subd. 25a.) Subsection 22 "Recycling" means, in addition to the meaning given in Minn. Stat. S 115A.03, subd. 25b, yard waste, composting and recycling that occurs through mechanical or hand separation of materials that are then delivered for reuse in their original form or for use in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subsection 23 "Recycling Container" means any receptacle that is used to collect recyclable materials and meets the specifications adopted by the County Board. Subsection 24 "Recycling Facility" means a facility at which materials are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. (as defined in Minn. Stat. 115A.03, subd. 25c.) Subsection 25 "Solid Waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials and sludges, in solid, semisolid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge, solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation return flows; or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended. (as defined in Minn. Stat. 116.06, subd. 22.) Subsection 26 -Source-Separation" means the separation of recyclable materials from mixed municipal solid waste at the source of generation. Subsection 27 "Waste Tire" means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (as defined by Minn. Stat. 115A.90, subd. 11.) Subsection 28 "Wood Pallets" means any portable wood platform on which goods are placed for storage or transportation. ¥a¥/ SECTION II OENERAL PROVISIONS Subsection i It shall be the responsibility of each municipality to adopt an ordinance or ordinances relating to the separation of recyclables within the boundaries of the municipality, the purpose of said ordinance being to reduce the amount of solid waste generated within the municipality by at least 16% during the calendar year 1990 which is an amount established by the Metropolitan Council and adopted by the Hennepin County Board as set forth in Hennepin County Solid Waste Master Plan. Subsection 2 The implementation and enforcement of said ordinance shall be the responsibility of each respective municipality. If a municipality should fail to implement a program by January 1, 1988, or implement a program which fails to meet the 16% waste reduction percentage during calendar year 1990, as set forth in Subsection 1, the provisions appearing in Section V of this Ordinance shall come into effect. This Ordinance shall not prohibit a municipality or municipalities from entering into agreements relating to any facet of source separation of recyclables. Subsection 3 A commercial waste generator shall not place the following materials for disposal in mixed municipal solid waste: corrugated cardboard wood pallets glass recyclables aluminum recyclables high grade paper SECTION III REPORTING REQUIREMENTS Subsection I Each municipality shall report all information relating to waste generation, collection and disposal within its boundaries to the Hennepin County Department of Public Works, .Division of Environmental Management. Such information shall include but not be limited to: data on tonnage generated in the municipality; data on recyclable materials generated and collected within the municipality; and such additional information as is requested by the Department. Such information shall be provided on an annual basis by or on March 1st of each year, or as otherwise directed by the Department. SECTION IV MUNICIPAL FAILURE TO MEET STANDARDS ESTABLISHED IN SECTION II If any municipality fails to establish or implement an ordinance as provided in Section II, the County Board may implement a recycling program which includes source separation provisions within the boundaries of said municipality pursuant to Minn. Stat. ~ 115A.92, subd. 5. If such a program is -4- implemented, it shall be enforced upon all persons residing in said municipality. This ordinance shall be applicable to all municipalities, unincorporated areas and political subdivisions within the geographical boundaries of Hennepin County, Minnesota. SECTION V SALE OF REC¥CI~BLES Nothing in this Ordinance shall be construed to preclude a person generating or collecting solid waste from delivering recyclable materials to a recycling facility of the generator's or collector's choice. Recyclable materials must be taken to markets for sale or to a recycling facility that has the capability of processing the materials. SECTION VI SOURCE SEPARATION PROVISIONS The County Board may implement any of the provisions contained in this section within the boundaries of a municipality, if said municipality fails to meet the requirements established in section II of this ordinance. A. pRE-COLLECTION AND COLLECTION Subsection I Pre-collection. Ail persons who are owners, lessees, and occupants of any building, commercial or residential, within Hennepin County, which generates mixed municipal solid waste, shall separate from all solid waste the designated recyclable materials before disposal, removal or collection. ae be Paper recyclables, which shall be bundled separately and/or secured in such a manner as to prevent them from being blown or scattered, and shall be maintained in a dry condition free of any other substance and shall not be placed in plastic bags. Aluminum recyclables shall be clean of all contents and such recyclables shall not be placed in plastic bags. C · Glass recyclables shall be clean of all contents. Caps, lids and all metal shall be removed prior to collection and such recyclables shall not be placed in plastic bags. d. Can recyclables shall be clean of all contents. Can recyclables shall not be placed in plastic bags. All aluminum, glass and can recyclables shall be placed into containers and not mixed with other forms of solid waste or mixed municipal solid waste in a manner consistent with the rules, regulations and procedures adopted by the County Board. -5- Subsection 2 Container Requirements. Containers shall be provided by all persons who are owners, lessees or occupants of any building, commercial or residential, and shall be: a. maintained in a clean and sanitary condition in accordance with all pertinent health statutes, ordinances, rules and regulations; b. located in such a manner so as to prevent them from being overturned or obstructing pedestrian or motor vehicle traffic or being in violation of any statute, ordinance, rule or regulation; and c. adequate and substantial enough to contain the recyclables therein. Subsection 3 Collection. The collection, removal and disposal of recyclables shall be supervised by the County Board, which shall have the power to establish the time, method and routes of service. Special times for large item pick-up may also be established. Collection provisions shall include but not be limited to the following: a. Notice of dates and times of collection will be published or otherwise made available to persons affected herein. b. The Department may establish drop-off or collection sites where any person may deposit recyclables at such times and locations as determined. c. It shall be unlawful~for any person other than employees of the Department, or authorized persons, collectors or haulers to distribute, collect, remove or dispose of recyclable materials after said materials have been placed or deposited for collection. d. Nothing in this Ordinance shall abridge the right of any person to give or sell their recyclable materials to any recycling program lawfully operated for profit, non-profit or charitable purposes. e. Nothing in this Ordinance shall abridge the right of any authorized recycling program to lawfully operate within Hennepin County, subject to such other licenses or other regulations as may be required by law. f. It shall be unlawful for a person to collect, remove or dispose of mixed municipal solid waste which consists of recyclables combined with other forms of mixed municipal solid waste. -6- B. VIOLATION AND PENALTY Subsection ! Misdemeanor. Any person who fails to comply with the provisions of this Ordinance may be charged with a violation not exceeding a misdemeanor and upon conviction shall be punished as provided by law. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Subsection 2 Remedies Cumulative. No remedy set forth in this Ordinance for violation of this Ordinance is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Ordinance or now or hereafter existing at law or in equity or by statute. No delay in the exercise of any remedy for any violation of this Ordinance shall later impair or waive any such right or power of the County. Subsection 3 Injunctive Relief. In the event of a violation or a threat of violation of this Ordinance, the County may institute appropriate actions or proceedings including application for injunctive relief, action to compel performance or other appropriate action to prevent, restrain, correct or abate such violations or threatened violations. Subsection 4 Costs and Special Assessments. a. If a Hauler or any Person within said County collects or disposes of recyclables in violation of this Ordinance, the County may take the necessary steps to correct such violations and the costs thereof may be recovered in a civil action in any court of competent Jurisdiction or, at the discretion of the County Board, the costs may be certified to the County Auditor as a special tax against the real property owned by such hauler or person. b. If any municipality, unincorporated area, or political subdivision within the geographical boundaries of Hennepin County fails to meet the requirements established in Section II of this Ordinance, the County Board, to the extent that it has assumed the responsibilities that the local unit has failed to assume pursuant to Section II, may seek reimbursement in any court of competent jurisdiction, for all costs, expenses and expenditures which the County has incurred incident to the adoption, implementation, administration and enforcement of a source-separation ordinance within the boundaries of a local unit. -7- Subsection i Warnings· The Department or any of its duly authorized representatives and collectors and haulers of recyclables may issue a warning notice to any person observed not in compliance with any provision of this Ordinance. Subsection 2 The warning notice shall be on such form(s) as provided by the Department. Forms shall be provided to collectors and haulers who may issue such warning notices by placing or attaching them to waste containers or on the premises where the violation occurs. A copy of any warning notice as issued by a collector or hauler shall be forthwith sent to the Department. Collection Refusal. A collector or hauler may, upon issuance of a warning notice for noncompliance, not accept for collection the noncomplying waste materials. Subsection 3 Costs for Compliance. A collector or hauler may, upon issuance of a warning for noncompliance, undertake to render any noncomplying recyclables placed for collection to be in compliance and a reasonable fee for undertaking shall be allowed and reported to the Department. The Department may certify the fee as costs to the County Auditor as a special tax to be assessed against the real property of the person in noncompliance. Subsection 4 Citations. The Department or any of its duly authorized representatives shall have the power to issue citations for violations of this Ordinance, but this shall not permit such representatives to physically arrest or take into custody any violator except on warrant duly issued. a. Form of Citations: Citations shall contain at least the following~ The name and address of the person charged with the violation or the owner or person in charge of the premises at which the violation occurs. The date and place of the violation. A short description of the violation followed by the section of this Ordinance violated. The date and place at which the person receiving the citation shall appear and a notice that if such person does not respond, a warrant may be issued for such person's arrest. -8- ,4J . J 11 & · Ii, i .IJ 5. The name of the person issuing the citation. bo 6. Such other information as the Court may specify. Issuance of Citations: Whenever any representative of the Department discovers any violation of this Ordinance, he may issue a citation to the person alleged to have committed the violation and such citation shall be in the form specified in paragraph A. of this subsection. Such citation shall be made out in quadruplicate (4). One copy thereof shall be issued to the person alleged to have committed the violation; one copy shall be filed with the Department; two copies thereof shall be filed with the County Ordinance Violation Bureau (hereinafter referred to as Bureau). Issuance: The citation shall be issued to the person charged with the violation, or in the case of a corporation or municipality, to any officer or agent, expressly or impliedly authorized to accept such issuance. Appearance: After the issuance of the citation and within such time as shall be fixed by court rule, the person charged with the violation shall report to the Violations Bureau. Complaint: If the person charged with the violation does not appear at the Bureau within the time specified by court rule, the Bureau shall send him a notice directing him to respond to the citation within seven days of the date of the notice and if such person fails to respond, the Bureau shall cause a complaint to be signed and a warrant to be issued for the arrest of such person to compel his appearance in court. SECTION VII SEPARABILITY It is hereby declared to be the intention of the County Board that the several provisions of this Ordinance are separable and if any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included in said judgment. SECTION VIII PROVISIONS ARE ACCUMULATIVE The provisions of this Ordinance are accumulative to all other laws, ordinances and regulations heretofore passed, or which may be passed hereafter, covering any subject matter in this Ordinance. -9- MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION DECEMBER 2, 1993 Present were: Commissioners Lyndelle Skoglund, Tom Casey, Shirley Andersen, Marilyn Byrnes, Carolyn Schmidt, Peter Meyer, David Steinbring, and Janis Geffre, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. Council Representative Andrea Ahrens was absent and excused. MINUTES MOTION made by Skoglund, seconded by Case¥ to approve the Park and Open Space Commission Minutes of November 4, L993 as written. Motion carried unanimously. AGENDA CHANGES None. APPLICATION FOR CONSTRUCTION ON PUBLIC LANDS BY MR. LYNHEXUM, 1543 BLUEBIRD LANE, FOR STAIRWAY ON WAURIKA COMMONm DOCK SITE ~01560. The applicant has applied for an after-the-fact permit to allow the construction of a stairway on the commons. This stairway will serve only one dock site and this area has a steep slope. The new stairway was installed recently and was brought to the attention of staff when we responded to a complaint regarding residing on Mr. Hexum's house without a building permit. The request, although after-the-fact, falls within the items that are permitted uses on the commons according to City Code Section 320, the Flow Chart, the Zoning Ordinance, and the Procedure Manual. The stairway is not complete and lacks code compliance, however, this can be accomplished upon City Council approval. Staff recommends approval of the Construction on Public Lands Permit to allow replacement of a stairway as requested, subject to the following: The applicant is responsible for all costs incurred, including installation and maintenance. The new stairway shall be in compliance with the Building Code and inspected and approved by the Building official. The permit will expire five (5) years from the date of City Council approval. 4. The permit must be renewed with change in Dock License holder. Park and Open Space Commission Minutes December 2, 1993 Se The applicant's dock license will not be issued until compliance has been achieved and the stairway is approved by the Building Official. Mr. Hexum clarified for the Commission that the stairway was constructed in the same footprint as the previous stairs, and the Building official has required handrails on both sides of the stairway due to the height from grade, and there is some concern relating to the transition over the riprap area which they need to discuss. MOTION made by Casey, seconded by Byrnes to recommend approval of the Construction on Public Lands Permit as recommended by staff. Motion carried unanimously. This request will be heard by the City Council on December 14, 1993. 1993 BUDGET REVIEW FOR SUMMER PARKS AND BEACH PROGRAM WITH COMMUNITY SERVICES. Jim Fackler, Parks Director, briefly reviewed for the Park Commission the year-end figures for the summer parks and beach program, as follows: Parks Program Approved Budget Parks Program Actual Expenditures $12,435.00 $11,511.61 There were no programs for 1.5 days due to weather. Beach Program Approved Budget Beach Program Actual Expenditures $20,702.00 $14,597.97 There were no lifeguards for 9.5 days due to weather. NATURE CONSERVATION AREAS / 1994 PARKS TOUR The history of Nature Conservation Areas was briefly reviewed for the new Commission members. Casey suggested that a motion be passed to ask the City Council what the Park Commission could do to further promote the adoption of the previously suggested nature conservation areas. He feels it would be a benefit to know ahead of time what the City Council will want to know in order to approve the NCA's, other than the planned site visit in April. Steinbring questioned if they could not create plans for each of the areas. 2 Park and Open Space Commission Minutes December 2, 1993 Byrnes does not think the Park Commission should ask the Council what to do, that the Council will let us know what they want when they are ready, which will probably not be until after their visit to the sites in April. Schmidt agreed. Skoglund suggested that the Commission take a pro-active role on this issue. She suggested that the Commission discuss what can be done with each site so they can be prepared if the Council questions them. She also suggested that the Park Commission and its new members meet prior to the Council's April tour, in order to update the new Commissioners what and where the proposed NCA's are and to visit the sites with the new Commissioners. It was proposed that at the January 13, 1994 meeting, .the Commission confirm the date of January 29, 1994 for a Saturday morning workshop to orientate the new commissioners and to visit the proposed NCA sites and discuss NCA goals. A follow-up letter could be submitted to the City Council explaining the content of their meeting and/or the City Council should be invited. At the February Park Commission meeting specific uses for each area could be further discussed. It was suggested that Ahrens, the Commission's liaison to the Council, could invite the Council in-person to the Saturday workshop. It was noted that staff should supply maps and a list of the proposed NCA's in the January 13th packet. MOTION made by Casey, seconded by Meyer to have the official 1994 Parks Tour in &pti1 to coincide with the City Council's tour of the Nature Conservation Areas. Motion carried unanimously. It was noted that the Commission could schedule an additional tour later in the year and possibly visit the beaches. Park Director's Report.. Jim reviewed with the Commission that the DNR has approved through the C.O.R.E. program to install a fishing pier at Centerview Beach. The Commission suggested some publicity such as a fishing contest or a ribbon cutting ceremony when it opens. Jim reviewed the status of the ice rinks that will hopefully become skateable this year depending on weather, they will be located at Philbrook Park, Three Points Park, and Highland Park. Park and Open Space Commission Minutes December 2, 1993 Dock Inspector's Report.,, Tom McCaffrey reviewed that he has been preparing the dock forms to be mailed out at the end of the month. Miscellaneous Lyndelle Skoglund said goodbye to her fellow commissioners as she has resigned due to conflicts with her work schedule. Andersen has also resigned. MOTION made by Skoglund, seconded by Byrnes to adjourn the Park and Open Space Co~mission Meeting at 8:06 p.m. Motion carried unanimously. 4 LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 · WAYZATA. MINNESOTA 55391 · TELEPHONE 612 473 7033 EUGENE R. STROMMEN EXECUTIVE DIRECTOR December 10, 1993 BOARD MEMBERS W,iham A Johr'$tone To: Cha,r. M~nnetonka Tom Penn From: V~ce Chair. Tonka Bay Oougtas E Babcock Secretary. Spr~ng Park Robert Rascop Sub%: r h r ' Tre3sure .S 0ew00d Mke Bloom M~nnetonka Beach Scott Carlson Mr'netr~sta Dave Cochran Greet,wood Aiberl :Bert) Foster Deephaven JamesN Grathwol E,cels~or Duane Markus Wayzata George C. Owen V~ctona Tom Reese j~ound rt E. Slocum odland Orono Lake Minnetonka Cities Rachel Thibault ~ Annual Shoreline Boat Count Enclosed is the Shoreline Boat Count with an annual comparison from 1979 through 1993. This is an inventory of all watercraft stored on the shoreline of Lake Minnetonka, usually taken during the month of July. This count is taken from a boat cruising along the entire shoreline of the lake. As you can see, the number of boats declined during the low water years of 1989 and 1990, but reached a record high in 1993. Personal watercraft were included in the miscellaneous category prior to 1990. A separate category was made for personal watercraft in 1990 due to their impact on the lake. There is an anomaly in the count of runabouts and cruisers between 1990 and 1991. This is because the person doing the counting changed, and the criteria were interpreted slightly different. The total of these two categories remain consistent. We have also included the 1993 Shoreline Boat Count by bay. If you have any questions on this report, please call. f2': Recycled Cor4en! 3:': P;st Ccns:¢mer Waste Om mT~ r--m m ~ ~0z 0 z ill -I0 · -to ~Z , ~m Z~ Z< 0 Z 0 lEtO DEC :t 3 1993 LAKE MINNETONKA CONSERVATION DISTRICT December 10, 1993 TO: FROM: SUBJECT: Mayors, Member Cities City Administrators, Member Cities LMCD Chair Bill Johnstone December Board Meeting Report and Current Information Highlights Enclosed is a summarized report of the LMCD board meeting of December 1, 1993. The report intends to provide a capsule of the board proceedings. While the complete board minutes will continue to be provided to each city, we thought a summary might be useful. I intend to emphasize communications to the cities, the elected officials, area legislators, the agencies with which LMCD coordinates many of its responsibilities, and civic groups such as the LMLOA. Board members are also being encouraged to continue, and step up if necessary, their individual reports and contacts with their mayor and city councils. On November 20th, the Board of Directors held a workshop. This workshop served as a platform for each committee chair to review committee priorities and objectives for 1994. Committee members will meet in January to prioritize the objectives, some of which are already in process as the enclosed Board report indicates. Your feedback on the type of information being provided in this and future formats is welcome. Contact with your board member along these lines is encouraged. The entire board looks forward to your shared interest. Best wishes for the holidays and for a great new year! cc: Area State Legislators Hennepin County Area Commissioner Minnehaha Creek Watershed District Chair Hennepin Parks Chair Hennepin Conservation District Chair Lake Minnetonka Lakeshore Owners Association (LMLOA) LAKE MINNETONKA CONSERVATION DISTRICT Summary of 12/1/93 Board of Directors Meeting Water Structures Committee, Chair Babcock *Stead Variance application, 21600 Fairview St, Greenwood, Lower Lake South; Findings and Order to be drafted for approval of the variance as presented for subsequent Water Structures Committee and Board adoption. *Revier Variance application, 2691 Ethel Ave, Orono, Carmans Bay; Findings & Order to be drafted for approval of the variance with conditions (see minutes for more detail), for subsequent Water Structures Committee and Board adoption. *Gideons Point Homeowners Association Variance application, Tonka Bay, Gideons Bay; the Findings & Order granting the variance were approved with minor corrections. *Draft ordinance Relating to Storage of Unrestricted Watercraft at Multiple Dooks; the first reading of the ordinance, as amended by the Board, was approved. The second reading by the Board will be 1/26/94, after committee review 1/8/94. The effect of the ordinance is to allow additional density at commercial multiple docks for unrestricted watercraft used for public rental and educational purposes. Unrestricted watercraft would not be counted at non- commercial (homeowner association type) multiple docks. Lake Use & Recreation Committee, Chair Foster *A Lakeshore Lighting Subcommittee was moved from Water Structures to this committee, Tom Reese, Mound, Chair. A model ordinance will be developed in cooperation with member cities to address lighting directed out on the lake from land locations. Engineering assistance for the ordinance is being volunteered by Reese and an associate. *In response to complaints about motorized vehicle traffic within the 150' shorezone at the Carsons Bay winter access, the board approved allocation of funds, up to $1500, to place signs at winter accesses. The signs state "No motorized vehicle travel within 150' of shore." Lak9 Acces~ Committee, ghair Grathwol *The 1992 Task Force Report is proceeding through its final draft for review by the Lake Access Task Force in January or February. Environment Committee,. Chair Rascop *The Phase Two Work Plan, submitted by Environment Consultant Dick Osgood, will be reviewed by the committee 12/14/93 for purposes of determining the scope and nature of the work to be undertaken. Su~mmary of 12/1/93 Board Meeting, Page 2 Eurasian Wate~ Milfoil Tas~ Force, Chair Penn *The goal for 1994 is to improve the efficiency of the EWM harvesting program. Funding of the program is contingent on the continued cooperation of member cities. Administrative Committee~. Chair Carlson *Costs related to multiple dock licensing have been reviewed by a subcommittee which includes multiple dock representatives as members. Fees for licensing multiple docks will be evaluated after the end of the year. Financial Reports,. Treasurer Rascop *The board approved payment of bills in the amount of $41,393.55 through the end of November. *Legal services for 1994 were approved at $101/hour for general civil matters, and $108/hour for litigation, a 3% increase, the first increase since 1991. *The prosecuting attorney's fee in the amount of $80/hour was approved, a 6% increase, the first increase since 1986. *Babcock, Langbein & Co., Minneapolis, was approved to do the 1993 audit at a fee of $1000, which includes year-end closing assistance. Executive Director Report, Strommen *The Lake Minnetonka Cable Communication Commission will be requested to tape the LMCD meetings at no charge, if possible. New Business *Committee chair Appointments, Chair Johnstone Administrative Committee Environment Committee EWM Task Force Lake Access Committee Lake Use & Recreation Committee Water Structures Committee Bill Johnstone Bob Rascop Tom Penn Jim Grathwol Bert Foster Doug Babcock A chair for the Save the Lake committee has not yet been appointed. *The 1994 meeting calendar was approved. *Robert Slocum, Dave Cochran and George Owen, retiring from the board after this meeting, were noted for their service with appreciation. Z U 0 .J -[ !COMMITTEE ON AGRICULTURE $1~CI,~P. TY CROP~ AND NATURAL R~OURCES COMMI'VFEE ON SCIENCE, SPACE, AND TECHNOLOGY ongre o[ tBe niteb tate )ou e of geprg entatibe 2b )i tri£t, J linntSota December 1, 1993 WASHINGTON OFFICE: 1508 LO#GWORTH 6U~LD~#G WASHINGTON, DC 20515 (202) 225-2331 DISTRICT OFFICES: (SOUTH TO~/N 542 FroST S'm[~* SOUTH MONTeViDEO, MN 56265 (612) 269-931 (Cn'~ 108 EAST THIRD STREET CH,~$r~. MN 55318 (612) 448-6567 (COURTHOUSE SQUARE) 938 FOUR'm AVENUE P.O. BOX 367 W~#DO~. MN 56101 (507) 831-0115 TOLL FREE 1-(600)-453-9392 The Honorable Skip Johnson Mayor City of Mound 5341 Maywood Road Mound, Minnesota 55364-1687 DEC 1:3 9,,3 Dear Mayor Johnson: I appreciate your recent letter expressing your objection to Unfunded federal mandates. I recognize that unfunded mandates place a severe financial burden on cities and towns and force local governments to shift priorities. I have seen and experienced this burden as one who was part of city, county and school district operations since 1968. I have learned that in the 101st Congress alone (before I came here), there were enough unfunded mandates passed to cost states $15 billion over a 5-year period. As you may know, October 27th was designated National Unfunded Mandate Day. I spent part of the day reviewing legislation to deal with the burden. As a part of my commitment to address this problem, I am cosponsoring two important pieces of legislation that will, if passed, help ensure that the federal government will no longer pass the buck on future mandates. First, I am cosponsoring H.R. 140, the Federal Mandate Relief Act. Under this bill, compliance with, or implementatiohof, an unfunded federal mandate is voluntary for states and localities until the federal government provides the necessary funding needed to pay for the mandated requirements. The bill would only apply to mandates which take effect on or after the date of enactment. This bill is supported by the U.S. Conference of Mayors, the National Association of Counties, the National League of Cities, the National Association of Towns and Townships, the National Conference of State Legislatures, the Council of State Governments, and National Taxpayers Union. The second bill I am cosponsoring is H.R. 1295, the Fiscal Accountability'and Intergovernmental Reform (FAIR) Act. The FAIR Act would require the Congress and federal executive agencies to assess fully the economic impact and recognize the real price of new legislation and new regulations on state and local public resources, and on the productive use of private capital -- prior to enactment and implementation. THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS I will support the Federal Mandate Relief Act and the FAIR Act and other thoughtful, effective approaches to control unfunded federal mandates. Please let me know of mandates you see that are particularly harsh or unnecessary. Thank you again for contacting me. ~ress DM:cld JAIdE$ P. LARKIN ROBERT L. HOFEMAN JACK F. DAVY December 9, 1993 & I I,, I ,I, I LARKIN, HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1B00 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431-1194 TELEPHONE (612) 835-3800 FAX (612) 896-3333 DEC 1 0 '199 MICHAEL e. LEBARON GREGORY E. KORSTAD GARY A VAN CLEVE' DANIEL L. BOWLES TODD M. VLATKOVICH TIMOTHY J. M~IAIdUS TIMOTHY J. KEANE ALAN M. ANDERSON DONNA L. ROBACK MICHAEL W. SCHLEY USA A. GRAY GARY A. RENNEKE CHRISTOPHER J. HARRISTHAL MICHAEL A. ROSERTSON SHANNON K. MoCA/VIBRIDGE WILUAM C. GRIFFITH, JR. JOHN J. STEFFENHAGEN DANIEL W. VOS$ MARK A. RURIK JOHN R. HILL THOMAS J. SEYMOUR MICHAEL J. ,SMITH VIUS R, INDE DWIGHT N. HOUVISO FREDERICK K, HAUSER iii MARY E. VO$ LARRY D. MARTIN JANE E. SREMER RENEE L. TOENGE$ MARCY R. KREISMAN MARIEL E. PIILOLA OF COUNSEL WENDELL R. ANDERSON JOSEPH GITIS "ALSO ADIdlTTED IN WISCONSIN The Honorable Skip Johnson City of Mound 5341 Maywood Road Mound, MN 55364-2687 Mayor Johnson: The purpose of this letter is to provide notice that Triax is plannin9 a programmin~ chan~e affectin~ certain FM services on your cable system. Effective January 9, 1994, Triax will no longer carry individual FM radio services. Digital Cable Radio (DCR), a satellite-delivered audio service providin~ a broad array of audio pro~rammin~ options, will continue to be available in your community. On behalf of Triax, we are pleased to make this enhanced audio service available to our subscribers and are committed to continued improvement of the services we provide to our subscribers. If you have any comments or questions, please do not hesitate to contact me. Thank you for your consideration. Sincerely, ja~~ LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. C.' Ric Hanson Bob Langley JEB:gev:KL0s ROD GRAMS COMMITTEE ON 8ANKINGo FINANCE AND URBAN AFFAIRS COMMITTEE ON SCIENCE, SPACE. AND TECHNOLOGY on{lre of the lniteb tatez o! pr z ntati z ........... · .... ~lla~;~in¢on, ~(~ 20515-2300 December 7, 1993 DISTRICT OFFICE: The Honorable Skip Johnson Mayor City of Mound 5341 Maywood Road Mound, MN 55364-1687 DEC ! 0 1993 Dear Mayor Johnson: Thank you for letting me know of your opposition to Congress' continued practice of imposing unfunded mandates on state and local governments. I appreciate your input. Like you, I oppose such mandates because they place an enormous burden on state and local governments, and often serve simply as a way for Congress to impose control, while passing buck and the bill for such costly proposals. Congress should carefully evaluate all mandates and determine their burden on state and local governments before passage. I have cosponsored H.R. 1295, the Fiscal Accountability and Intergovernmental Reform Act, which would accomplish this by forcing Congress to determine the economic impact of mandates and regulations. This type of accountability is needed to ensure effective government at all levels. Again, thank you for sharing your concerns with me. free to contact me whenever I can be of assistance. Please feel Rod Grams Member of Congress RG:djk PRINTED ON RECYCLED PAPER