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1994-02-22teamwork and cooperation, provides at a reaso , q ty I I~espond to the needs of all citizens, fostering a safe, attractive and flourishing/ AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING 7:30 P.M., TUESDAY, FEBRUARY 22, 1994 CITY COUNCIL CHAMBERS e PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE FEBRUARY 8, 1994, REGULAR MEETING, AND THE FEBRUARY 15, 1994, COMMIT'FEE OF THE WHOLE MEETING. PG. 533-541 CONTINUED PUBLIC HEARING CASE//93-058: JAMES & CATHERINE VEIT, 2563 LOST LAKE ROAD, LOT 18, BLOCK 1, LOST LAKE ADDITION, PID g24-117-24 22 0032. ~: VACATION OF A DRAINAGE EASEMENT. PG. 542-577 _~.S.~.__~: DENNIS & MARY BRENNY, 4909 THREE POINTS BLVD., LOT 3, BLOCK 4, SHADYWOOD POINT, PID #13-117- 24 11 0008. ~: VARIANCE FOR DECK. PG. 578-593 RECOMMENDATION FROM PLANNING COMMISSION TO FILL VACANCY ON THE COMMISSION. PG. 594-599 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. PUBLIC LANDS PERMITS - BATCH #2 - PRIVATE STRUCTURES ON DOCK SITES, i.e. STAIRWAYS OR OTHER ENCROACHMENTS ON PUBLIC LANDS. PG. 600-612 RF~OLUTION APPROVING AN AGREEMENT FOR THE INSTALLATION OF A FISHING PIER AT CENTERVIEW BEACH & AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF MINNESOTA. PG. 613-626 531 10. 11. 12. 1993 DEPARTMENT HEAD ANNUAL REPORTS: JOEL KRUMM, LIQUOR STORE MANAGER JON SUTHERLAND, BUILDING OFFICIAL LEN I-IARRELL, POLICE CHIEF GINO BUSINARO, FINANCE DIRECTOR LICENSE RENEWALS: HEADLINERS BAR & GRILL - PUBLIC DANCE PERMIT ENTERTAINMENT PAYMENT OF BILLS. INFORMATION/MISCELLANEOUS Ao Financial Report for January 1994, as prepared by Gino Businaro, Finance Director. LMCD Mailings. (Please note February LMCD Report from Bill Johnstone, Chair, LMCD. Letter from Community Builders regarding application for funding from MHFA. The application has been rejested. This pertained to a lease to purchase program for single family dwellings for low to moderate income persons. League of Minnesota Cities (LMC) annual Legislative Conference is scheduled for Thursday, March 24, 1994, in St. Paul. Please note agenda. If you are interested in attending, please let Fran know ASAP. E. Memo from LMLOA re: multiple dock license fees. REMINDER: No COW Meeting March 15, 1994. Next COW Meeting is April 10, 1994, at 7:30 P.M. REMINDER1 City Offices closed Monday, February 21, 1994, in observance of President's Day. H. Park Commission Minutes of February 10, 1994. I. Planning Commission Minutes of Feburary 14, 1994. PG. 627 PG. 628-641 PG. 642-671 PG. 672-691 PG. 692-710 PG. 711-712 PG. 713-722 PG. 723 PG. 724 PG. 725-726 PG. 727-736 PG. 737-745 532 Mound City Council Minutes February 8, 1994 MINUTES - MOUND CITY COUNCIL - FEBRUARY 8, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 8, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen, and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jori Suthedand, Utility Superintendent Greg Skinner, Park Director Jim Fackler, Fire Chief Don Bryce and the following interested citizens: Roger Dolliff and Judy Bryce. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. MOTION made by Jensen, seconded by Smith to approve the Minutes of the January 25, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PUBLIC HEARING: CASE//94-04: ROGER DOIJ.IFF, 5533 SHORELINE DR. {CO$SETTE PROPERTY), LOTS 5 & 6, AUDITOR'S SUBD.//170, PID//13-117-24 ~3 0076, REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A COMMERCIAL PARKING LOT IN THE B-1 CENTRAL BUSINESS DISTRICI' The Building Official explained the request. The Planning Commission recommended approval with conditions. The Council discussed the current Conditional Use Permit as it relates to approval of this one. The Attorney advised that if the Council approves this tonight, the current Conditional Use Permit would no longer be in effect and the current use would no longer be legal. He suggested that the Council could hold the public hearing and table action on this item until Mr. Dolliff has completed the purchase of the building. The Council agreed and the consensus of the Council was to approve the CUP at that time. The Mayor opened the public heating. There were no comments. The Mayor closed the public heating. MOTION made by Smith, seconded by Jensen to table action on this item until Mr. Dolliff is ready to proceed. The vote was unanimously in favor. Motion carried. Mound City Council Minutes February 8, 1994 1.2 PUBLIC LANDS PERMIT The Building Official explained that these next two items are being brought back to the Council from the last meeting with the appropriate resolutions as directed by the Council. Smith moved and Jensen seconded the following resolution: RESOLUTION 094-22 RESOLUTION DIRECTING STAFF TO REMOVE PRIVATE STRUCTURES FROM PUBLIC LANDS, DENYING A SPECIAL PERMIT FOR AN EXISTING LIGHT AND APPROVING A SPECIAL PERMIT FOR BIRD FEEDER ON WAURIKA COMMONS ABUTTING 1550 CANARY LANE, LOTS 3, 4, AND PART OF 2, BLOCK 4, WOODLAND POINT, DOCK SITE 001900 The vote was 4 in favor with Ahrens voting nay. Motion carried. 1.3 PUBLIC LANDS PERMIT Jessen moved and Jensen seconded the following resolution: RESOLUTION 094-23 RESOLUTION TO APPROVE A SPECIAL PERMIT FOR PRIVATE STRUCTURES ON PUBLIC LANDS FOR A STAIRWAY AND SHED AND DENYING A SPECIAL PERMIT FOR A LIGHT ON WAURIKA COMMONS ABUTTING 1558 DOVE LANE, LOT 4, BLOCK 3, WOODLAND POINT, DOCK SITE //01980 The vote was 4 in favor with Ahrens voting nay. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.4 1993 DEPARTMENT HEAD ANNUAL REPORTS The following Department Heads presented their 1993 Annual Reports to the Council: Park Director Jim Fackler, Water, Sewer & Street Supt. Greg Skinner, Fire Chief Don Bryce, and City Clerk Fran Clark. Mound City Council Minutes 1.5 PROCLAMATION DECLARING MARCH 6-13, AMERICA WEEK IN THE CITY OF MOUND 1994, February 8, 1994 VOLUNTEERS OF Jessen moved and Ahrens seconded the following resolution: RESOLUTION g94-24 PROCLAMATION DECLARING MARCH 6-13, 1994, VOLUNTEERS OF AMERICA WEEK IN THE CITY OF MOUND The vote was unanimously in favor. Motion carried. 1.6 PREMISE PERMIT - LAWFUL GAMBLING Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-25 RESOLUTION APPROVING A PREMISE PERMIT APPLICATION FOR AMERICAN LEGION POST //398 - 2333 WILSHIRE BLVD. The vote was unanimously in favor. Motion carried. 1.7 LICENSE RENEWALS: GARBAGE & REFUSE HAULER AND CIGARETTE The City Clerk reported that the following are up for renewal: Garbage & Refuse Hauler: Blackowiak & Son Randy's Sanitation Westonka Sanitation Woodlake Sanitary Service, Inc. Cigarette: American Legion Post//398 Brickley's Market Headliners Bar & Grill Jubilee Foods John's Variety & Pets Meyer's Service Mound Municipal Liquor PDQ Food Store ~292 R & R Bait Shop SuperAmerica//4194 Thrifty White Drug//704 VFW Post//5113 Mound City Council Minutes February 8, 1994 MOTION made by Smith, seconded by Ahrens to authorize the issuance of the above licenses contingent upon ali required forms, insurance, etc. being submitted. The vote was unanimously in favor. Motion carried. 1.8 SET BID OPENING DATE FOR 1994 LIFt STATION IMPROVEMENT PROJECT MOTION made by Smith, seconded by Ahrens to set March 10, 1994, at 11:00 A.M. for opening of bids for the 1994 Lift Station Improvement Project. The vote was unanimously in favor. Motion carried. 1.9 PAYMENT OF BILLS MOTION made by Jessen, seconded by Jensen to authorize the payment of bills as presented on the pre-list in the amount of $208,019.17, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.10 SET PUBLIC HEARING - CDBG FUNDS MOTION made by Ahrens, seconded by Jensen to set March 22, 1994, for a Public Hearing on CDBG Funds. The vote was unanimously in favor. Motion carried. INFQRMATION/MISCELLANEOUS A. Department Head Monthly Reports for January 1994. B. LMCD Representative's Monthly Report for January 1994. Notice from the Metropolitan Waste Control Commission (MWCC) RE: Final Draft Report of the Centralization/Decentralization Study. MWCC will be holding public information meetings on this subject with the nearest location being Minnetonka City Hall, Wednesday, February 23, 7-9 P.M. De Material from Councilmember Liz Jensen on economic development seminar that she attended in Orlando at the National League of Cities Conference, December 1993. E. Economic Development Commission Minutes of January 20, 1994. Fo The Park & Open Space Commission held a special workshop on Saturday, January 29, 1994. Here is a summary of what was discussed. Update from Minnegasco on its pending rate case before the Minnesota Public Utilities Commission OVlPUC). Mound City Council Minutes H. February 8, 1994 Letter from the Board of Government Innovation & Cooperation RE: City of Minnetrista and City of Mound application for funds to cover costs associated with the development of the Minnetrista Public Works storage site to be used jointly by Minnetrista and Mound. We were not funded. I. Letter from Senator Paul Wellstone RE: our letter on unfunded mandates. REMINDER: "Save the Lake" Recognition Banquet is scheduled for February 17, 1994, at Lord Fletcher's. Please let Fran know by February 14, if you wish to attend. ge REMINDER: Committee of the Whole Meeting, Tuesday, February 15, 1994, 7:30 P.M. REMINDER: City Offices closed Monday, February 21, 1994, in observance of President's Day. M. LMCD Mailings. The Council discussed lakeshore light fixture regulations and the public hearing that the LMCD on February 23rd. They discussed the light that is currently at Highland Park on the end of Highland Blvd. The City Manager suggested removal of the light, stating that NSP has been out and done what they could and it appears it is still offensive. The Council then discussed asking the Park Commission to review this light from the recreational point of view. They also discussed the Park Commission having an informational meeting with the residents of the area and explaining that the light is offensive to people using the lake and the Council would like to see the light changed and a different type of light installed. The suggestion was made that the light shine up the hill away from the lake. There was discussion about lighting regulations being long range planning, because if everyone on the lake had a light it would be difficult to navigate on the lake at night. Councilmember Ahrens stated that the Park Commission has looked at this before and she sees the problem as being that the post that the light is on is too far way from where the docks are. The Council decided that they cannot accomplish what they want with the light where it is and there is a need to look at other alternatives, i.e. move the light and have it shine up the hill, remove the light or turn the light off all together. The Council asked that Staff find out how much it would cost to move the light closer to the lake and have it face up the hill rather then shine out onto the lake. This information will be discussed at a Committee of the Whole Meeting. Mound City Council Minutes N. February calendar. MOTION made by Jessen, seconded by Smith to adjourn at 8:55 P.M. was unanimously in favor. Motion carried. February 8, 1994 The vote Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES - COMMITTEE OF THE WHOLE MEETING - FEBRUARY 15, 1994 The meeting was called to order at 7:30 PM. Members present: Mayor Skip Johnson, Councilmernbers Smith, Ahrens, Jensen and Jessen. Also present: Mark Koegler, City Planner and Ed Shukle, City Manager. Ed Shukle, City Manager, introduced the subject of Park Dedication Fees. He explained that this issue had come to the Committee of the Whole meeting because the Council directed that further study be made of this section of City Code relating to subdivision of lots and the Park Dedication Fee that is currently required within subdivisions whether they be major or minor and whether they be residential or commercial and industrial. He introduced Mark Koegler, City Planner, who reviewed a memorandum dated February 14, 1994 on Park Dedication requirements. Koegler indicated that his review provided an overview of the Park Dedication issues that have occurred during the past two years. He wanted to obtain additional input from the City Council for further review and analysis prior to this matter being discussed at the Planning Commission. He indicated that over the past couple of years, three principal issues have arisen regarding Park Dedication requirements. They are: Collection of park fees for minor subdivisions Amount of park fees charged for industrial and commercial developments Amount charged for residential developments The City of-Mound's current park dedication requirements are found in Section 330:120 in the Mound City Code. The ordinance requires park dedication either in the form of land or cash in lieu of land equivalent to 10% of the fair market value of the land. Koegler indicated that the 10% dedication in Mound's ordinance is comparable to most ordinances used throughout the Metropolitan area. The City Council's discussion was as follows: The City Council felt that the $500 fee or the 10% number is a rate and could be changed up or down by the Council Council discussed setting a fee for minor lot splits in residential areas Council discussed lots that currently have a structure on one part of the lot and subsequently a subdivision takes place and under the current ordinance we require two $500 fees or $1000 to split the lot in two. Council discussed the idea of only charging one fee to cover the newly created lot, i.e. $500, etc. With regard to the commercial and industrial property, the Council consensus was to keep this language as it is. With regard to residential developments, Koegler pointed out that at the present time Mound's ordinance requires a 10% residential park dedication or cash in lieu of land in an amount not less than $500 per lot. Typically, a $500 fee has commonly been imposed just as it has been imposed on minor subdivisions. Koegler stated that throughout the metropolitan area, Mound's fee is probably on the "slightly low to average side." Council agreed that further investigation be done with communities comparable to the City of Mound. The discussion was concluded by basically stating that the Council does agree that a park COMMI'rri~ OF THE WHOLE MINUTES - FEBRUARY 15, 1994 dedication fee must be imposed. The type of fee, the amount and other related issues require further exploration by the City Planner and the Planning Commission. The City Planner is to take the Council's input and bring it the Planning Commission for further review and study. The Council's consensus was that the Planning Commission review the ordinance based on the above information provided by the Planner and the comments made by the City Council. The Planning Commission is directed to return this matter back to the City Council at a later date with its recommendation. Performance evaluation systems were discussed. More information will be available on this item at a later date. The Priest Bay light issue was briefly discussed. City Manager, Ed Shukle, reported that NSP had not been out to the end of Highland Boulevard as of yet to adjust the light or to replace it. He indicated that a "cobra" type of light could be placed at the area flooding the hill and dock area without a beam going directly out onto the lake. This may take care of the problem. He will keep the City Council informed on the matter. The issue of a full time fire marshal was briefly discussed. Ed Shukle, City Manager, indicated that this item had been briefly discussed at the last regular City Council meeting. Mayor Johnson indicated that he did not consider the potential position a full time fire marshal position. Rather, it would be a fire marshal position which could be somewhere between part time and full time. Councilmember Smith indicated that he would get some information from the city of Clear Lake,. California, where a relative is on the fire department in that city. The City Manager indicated that this matter had been discussed at the staff meeting of February 15th, where a suggestion had been made to make the fire chief position full time to encompass not only the handling of the fire department, but also inspection services and hazardous materials management. The City Manager stressed that the needs would have to be identified by the fire department and building departments of not only Mound, but the cities who currently are part of the fire service area. In addition, public safety is being studied as part of the Area Cities Cooperation Study and this matter could also fit as a topic of discussion within that framework. This matter will be pursued by staff. Councilmember Jensen led discussion with regard to goal setting items. Council went through the list and updated it and provided some direction to the City Manager as to certain items that need to be pursued. This list will continue to be discussed at future Committee of the Whole meetings. The City Manager updated the City Council on the Hanus vs. City of Mound litigation. He pointed out that Judge Albrecht had ruled on the equal protection issues and found that the City sustained in all areas. Mr. Hanus is going to be required to remove the boathouse on or before January 15, 1995. He also distributed copies of the partial summary judgment that was issued by Judge Albrecht in October of 1993. He indicated that putting both judgment orders together, you have one complete package and it tells a very clear story as to the City's position on 2 .... i Il,. J ~i ,,I CON~WFI'EE OF THE WHOLE MINUTES - FEBRUARY 1~, 1994 Commons. A press release that had been drafted regarding the case was reviewed and accepted by the Council. The press release, as well as the related information, has been communicated to "The Laker' newspaper for publication. The purpose of the press release is to clearly present the facts and the outcome of the case. It was noted that there was no meeting scheduled for March 15, 1994 since four of the five councilmembers will be either attending the National League of Cities in Washington, DC or will be on vacation. The next Committee of the Whole meeting is scheduled for Tuesday, April 19, 1994, 7:30 pm, Mound City Hall. Upon motion by Smith, seconded by Jensen and carried unanimously, the meeting was adjourned at 10:05 pm.  ~u~tfully submitted, City Manager ES:Is 3 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION February 14, 1994 CASE #93-058: JAMES 8,. CATHERINE VEIT. 2563 LOST LAKE ROAD, LOT 18, BLOCK 1, LOST LAKE, PID #24-1117-24 22 0032. EASEMENT VACATION, The Building Official explained that the applicants originally came to the Planning Commission with a request to vacate the full portion of the easement, now it has changed to involve the northerly 45 feet of the lot as shown on the revised description. In addition, a great deal more information has been supplied on the survey to help the City Engineer with his review. City Engineer, John Cameron, distributed a memorandum to the Commission which clarifies that his memo to Jon Sutherland dated 2-8-94 is not a "recommendation," and that he was only making a statement of fact. He also referred to a copy of State Statute 412.851 relating to "Vacation of Streets" which he received from Curt Pearson, City Attorney. Cameron referred to a highlighted portion of the statute, which states, "No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice." Cameron reviewed the revised survey dated 1-21-94 on the overhead and indicated the area of the existing detention pond. The size of the current pond would not meet current requirements if this subdivision were proposed today. He then indicated the extra area needed to expand the pond which is double the size of the current pond in order to meet today's requirements. In order to get the pond size needed, the pond would have to extend into the City property to the west. Due to the existing contour line, and the lack of easement area, the pond could not be extended to the north. The paved walkway to the south, which has a 10 foot wide easement, obstructs extension to the south. Therefore, the practical extension of the pond would be to the west. 3 Planning Commission Minutes ~_~-~ February 14, 1994 Cameron also reviewed the need to retain perimeter easements for drainage and utility as existing on the balance of the lot, Weiland questioned if the walkway could be raised with a bridge or culvert. Clapsaddle . questioned how much area would be gained if the walkway was raised, Cameron noted that it could possibly account for half of the extra area needed. Cameron does not know why this area became an easement versus an outlot as originally proposed in the plat application, Staff noted that the walkway cannot be moved without first obtaining a new easement. Cameron explained that the natural outlet of the pond would be to the north west corner of the extended pond as shown on the overhead, having the outlet in this location allows more area for sedimentation, Sedimentation is one of the reasons why the ponding size requirements have increased, Mueller confirmed with John Cameron that he believes the natural progression of the holding pond is to the west, onto City property. Catherine Veit, applicant, stated that she believes they have proven the fact that the portion of the easement to be vacated is not needed for drainage, as required by State Statute 505.02, which states, "The purpose of any easement shown on the plat must be clearly stated, and shall be confined to only those that deal with public utilities, and such drainage easements as deemed necessary for the orderly development of the land encompassed within the plat." Cameron noted that State Statute 505.02 talks about diverting water from other areas into this pond, and when he did his calculations to determine the required size of the holding pond, he basically only considered the drainage area within the Lost Lake Subdivision with the exception of one small piece of land to the east of the Subdivision. It is the Veit's opinion that a bridge could not be constructed where the walkway is, because that would be considered a structure. Ms. Veit believes it is in the public's best interest to vacate the easement, because if it is not vacated there will be a very tall retaining wall which will not look very nice. Cameron clarified that the portion of the easement requested to be vacated is up to the south line of the walkway easement. He suggested that a 5 foot wide easement be retained to the south of the walkway easement to allow for drainage and a separation between the driveway and walkway. Hanus suggested that the house be shifted towards the rear. Ms. Veit stated that this cannot be done due to soil conditions and the line up of the other houses. Plann/ng Corem~ss~on M/nutes ~ February I4, 1994 Mueller expressed, in his opinion, due to the natural extension of the pond being to the west, and by allowing the construction of this house with the extra tuckunder garage, it is good for the public because this would reduce exterior storage and maintain the integrity of the neighborhood. The Building Official questioned the setback to the northwest property line which is shown at 12.44 feet, his concern was that this may be considered a rear yard and the required setback would then be 15 feet. The Building Official will verify this setback requirement with the City Planner. MOTION made by Hanus, seconded by Mueller to recommend approval of the easement vacation with the finding of fact that sufficient information has been provided to prove that the City is not going to be needing this portion of the easement for drainage in the future, and it is in the public's interest as it is not a detriment to the public not to have this easement. Approval is contingent upon the amendment of the description for the easement to be vacated, as follows: "That part of the drainage easement dedicated to the public in Lot 18, Block 1, LOST LAKE, which lies southerly of the northerly 4re-~0 ~50.00 feet of said Lot 18, and to also include a 10 foot drainaqe and utility_ easement at the remainina _oerimeter lines, not includinq the line abuttinq the walkway. Voss believes it is in the City's best interest to retain the easement for future use. Clapsaddle feels this is a false problem as this site does not dictate the proposed house configuration, however, he will probably vote in favor of the motion because he does not feel it is a detriment to the City to vacate the easement. Weiland agreed with Voss, and believes that State Statute 412.851 applies as it is not in the interest of the public to vacate the easement. Mueller stated, in his opinion, State Statute 412.851 does not apply to the vacation of "easements." The title of this section is "Vacation of Streets." This is private property with an easement on it. Mueller also stressed that the City Engineer stated that this easement area is not necessary. The City Engineer clarified that he stated, it does not "appear" that it is necessary, and it is not a logical extension of the pond due to existing conditions. February 14, I994 Hanus moved to amend his motion to read as follows: MOTION made by Hanus, seconded by Mueiler to recommend approval of the easement vacation with the finding of fact that sufficient information has been provided to prove that the City is not going to be needing this portion of the easement for drainage in the future, =~. .o ... ,..,, c, ...,,,.,~o, ,~*., .... ,, . .: ...... ~. .... ~.,:A -A, -~ ~- ..... ~-; ..... d th St St . ~c: ........ t ......r- ........................ c.~.,,n* an at ate atute 412.851 entitled 'Vacation of Streets' is not relevant to this case. Approval is contingent upon the amendment of the description for the easement to be vacated, as follows: "That part of the drainage easement dedicated to the public in Lot 18, Block 1, LOST LAKE, which lies southerly of the northerly 4F~O0 ~ feet of said Lot 18, and to also include a 10 foQt drainage and utiliW easement at the remainina perimeter lines, not includin~ the line abuttin~ the walkway._ Jensen commented that she does not believe the City Attorney would not have brought the Statute to the attention of the Planning Commission if he did not think it applied. She will not support the motion because the house was not designed to fit the lot. She also sees that approval of this application could set a precedence for others to request a vacation just to fit their needs. The motion failed 3 to 5. Those in favor of the motion were: Hanus, Mueller and Clapsaddle. Those opposed were: Johnson, Weiland, Michael, Voss, end Jensen. This recommendation will be reviewed by the City Council on February 22, 1994. Mueller asked that it be known that it is his opinion that in no way does he feel this easement area is public grounds, a public way, or park thereof, and according to the Statute, which states,. · · "the owners of land abutting on the street, alley, public grounds" may ask to vacate these properties, therefore, State Statute 412.851 "Vacation of Streets" does not apply to the vacation of an easement on private property. Certificate of Survey for ' James & Cathy Vett of Lot 18, Block 1, LOST LAKE Hennepln County, Minnesota m m m m I I _.. I I I I I I0 ! ' I LEGAL DESCRIPTION OF PREMISES:, .Lot. [8, Block 1,.LO~T LAKE. This survey intends to show the boundaries of the above described property, and the proposed location of a proposed house. It does not purport to Show any other improve- · merits or encroachments. & ,4 TOPOGRAPHIC DETAIL FOR JAMES AND CATHY VEIT IN BLOCK 1, LOST LAKE HENNEPIN COUNTY. MINNESOTA J I / I I / \ I I o: denotes iron marker (m.s): denotes existlng spot elevation, mean sea level datum. : denotes existing contour, mean sea level datum. All bearings are based upon an assumed datum. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 TO: FROM: DATE: SUBJECT: MEMORANDUM Jon Sutherland, City of Mound John Cameron February 14, 1994 Proposed DrainaGe Easement Vacation Case #93-05 MFRA #8902 Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors It has been brought to my attention that my memo to you and the City, dated 02/08/94, may have been misleadinG to the extent that I was recommendinG approval of the subject vacation. This was not my intention; I was only makinG a statement of fact and not a recommendation. In addition, I am enclosinG a copy of the State Statute coverinG vacations. As you will note, Curt Pearson requests the PlanninG Commission and City Council have this before them when makinG a decision. An Equal Opporlunity Employer 411.6)1 STATe.OR% CITIES 412.791 412.801 412,811 412.821 [Repealed, 1067 c 289 s [Repealed. 1967 c 289 s 18] [Repealed, 1967 c 289 s 18] [Repealed. 1967 c 289 s 18] GENERAL AND MISCELLANEOUS 412.831 OFFICIAL NEWSPAPER. The council shall, annually at its first meeting of thc year. designalc a legal newspa- per of general ¢irculalion in the city as its o~cial ncv,'spaper, in which shall be published such ordinances and other matters as arc required by law to be so publi,:hed and such published in this manner. HlstorT; 1949 c 119 s I00; 1973 c 12.~ art 2 s 1 sul,d 2 412.841 [Regaled, 1976 c 44 s 701 412.851 VACATION OF ~REE~. The council may b) resolution vacate any s~reet, alley, public grounds, public ~ay, or any pa~ thereof, on its o~n motion or on petition ora majority ortho owners of land abutting on thc street, nile)', public younds, public wa~, or pan thereof to be vacated. When there has been no petition, ~h~csolution ma~ bc adopted onl~ b~ a vote of four- fifths of all members or the council~o such vacation shall be made u~less it appears in the intercs~f the ~ublic to do ~o af~ring pr~eded_b~_ ~'o ~'~:. puons~d a~ ~le~ndii~'~-~ouncii~fiall ~~-0tice of [he hcafin~ to ~,mail~d I~h pr~pe~: owner affected by the proposed vacatt~at hearing. The notice must contain, at minimum, a copy o~tne peuuon ~r ~rupu~cu --- lution as well as the time, place, and date or,he hearing. In addition, ifthe street, aney, -,~ public grounds, public way, or any pan thcrcoftermina?~ ax or a~uts upon ls'ate , no vacation shall ~ made unless written notice otm~tit~o~ or pro~se~ ~'*lution is se~ed by certified mail upon lhe commissioner ? natural t?ource~ ax · n ~a,,s before thc hcafino on the mauer. The notice ~o Inn commsss~oncr o~ na~ura~ g- .~ ..... missioner After a resolution of vacalion is aaopted, thc c~er~ Snal~ prep description of the real estate and lands affected thereby. The not~cc sna~ ~ presentco Io the count audilor who shall enter the ~me in the transfer records and note the inst~m~nl, over o,cial signature, the words 'entered in the transfer record.' notice shall ihen be filed with the county recorder. An~ failure to file the notice shall not invalidate an)' such vacation proceedings. Histor)': 1949 c 119 $ 102; 1953 c 735 s 12:1957 c 38.~ s 1; 1967 c 289 s I5; 1969 c 9 s 85; 1973 c 12:7 art 2 s I subd 2:1973 c 494 s I1:1976 c 181 s 2:1986 c 444:1989 c 183s 4; 1990 c 4t3 s 2 412.861 PROSECUTIONS, VIOLATIONS O1:' ORDINANCES. Subdivision I. Complaint. All prosecutions for violation of ordinances shall be brought in the name of the city upon complaint and warrant as in other criminal cases. If the accused be arrested without a warrant, a written complaint shall thereafter be made, to which the accused shall be required to plead, and a warrant shall issue thereon. The warrant and all other process in such cases shall be directed for service to an)' police of Rcer, marshal, process of~cer, court officer, or constable of an)' town or cie)' in the cOunty, to the sheriff of the county, or all of them. Subd. 2. Form and contentg ol'cnmplaint. It shall be a sufRcient pleading of the ordi- nances or resolutions of thc city to refer to them b)' section and number or chapter. The.~ denc. plain men~ slate so c~ any t in th to tb in wi awar ag, att dele,' arl 2 412J o r~i ~ oour 412. app' 412 let, sha· 02/14/94 13:28 FAX 612 473 6002 ANCHOR SClENTIFI *',***~ CITY OF MOUND [~001 COPY'TO: FAX TRANSMITTAL COFFIN& GRONBERO. lng ENGINEEP~g LAND SURVKYOI~g PCANNER~ LONG LAKE, ~KSOTA (FAX#) 4~3.~00~ (OFFICe#) 473.4141 PLANNING COMMISION 2-14-94 # OF'PAOES INCI,ITDING THIS COVER PAGE: .~2/14/9t 13:28 F.,~i~ 612 473 6002 .UqCHOR SCIEI~rIFI *** CITY OF MOUND ~00~ COFFIN & ORONBF. RG, INC. LONG ~ ~. ~ 2-14-94 Proposed drainage easement vacation for James & Cathy Velt in Lot 18, Blocg 1, LOST LAKE Henneptn County, Minnesota DESCRIPTION OF'PART OF DRAINAGE EASEMENT ~0 BE VACATED' That p~ttof the drainage easement dedicated to the public in Lot 18, Block 1, LOST LAKE, which lies southerly of the northerly 45.00 feet of said Lot 18. McCombs Frank Moos Associates, Inc. 15050 23rcl Avenue NorUq. Plymouth, Minnesota 55447 TO: FROM: DATE: SUBJECT: MEMORANDUM Jori Sutherland, City o{ Mound John Cameron February 8, lgg4 Proposed Drainage Easement Vacation Case {93-05 MFEA #8902 Telephone Engineers el 2/478-~010 Plannerl~ Sl 2/47~'8552 FAX Surveyo~ We have reviewed the revised survey dated 01/21/94and submitted to our office on 02/01/94, and have the following comments: Approximately 75% of the existing detention pond ts located within the drainage easement on Lot 17. The only area available for expansion outside of the easement in question on Lot 18 would be the City property to the west between the present pond and the wetlands of Lost Lake. The size of =he existing pond could be more than doubled utilizing the Cl~y property without extending beyond the 932 contour as shown on the latest survey. Under present design standards, this expansion would be more than adequate~ therefore, /~t does not appear that the portion of =he dralnege easement on Lot 18 requested to be vacated is necessary. If the drainage easement vacation is approved, the description should match the one used for the walkway easement. The north line of the vacated drainage easement should be the same as the south line of the walkway easement. I also question whether the description may be vacating the drainage portion of the drainage and utility easements on the remainder of the lot. This should be checked and approved by the City Attorney before anything made of record. An Equal Oppollunily Em~owr MINUTES - MOUND CITY COUNCIL - JANUARY 25, 1994 1.1 CONTINUF. r~ PUBUC HEARING CASE g93-088: TO CONSIDER THE VACATION OF A DRAINAGE EASEMENT LOCAT~~-D AT 2~63 LOST LAKE ]~OAD. LOT 18. BLOCK 1. LOST LAKE ADDITION. PIl) dr24-117-24 22 The Building Official stated that the applicant has not yet supplied the information necessary for the Planning Commission to review. Therefore, there is no recommendation from the Planning Commission. The Mayor opened the public hearing. MOTION made by Smith, seconded by Ahrens to continued this public hearing to the second meeting in February (February 22, 1994), to enable the Planning Commission to review further Information that is to be submitted by the applicant. 'I'ne vote was unaoimously in favor. Motion carried. 645.14 INTERPRETATION OF STATUTES 1448 645.14 TIME; COMPUTATION OF MONTHS. When, in any law, the lapse of a number of months before or after a certain day is required, such number of months shall be computed by counting the months from such day, excluding the calendar month in which such day occurs, and including the day of the month in the last months so counted having the same numerical order as the day of the month from which the computation is made, unless there be not so many days in the last month so counted, in which case the period computed shall expire with the last day of the month so counted. History: 1941 c 492 s 14 645.15 COMPUTATION OF TIME. Where the performance or doing of any act, duty, matter, payment, or thing is ordered or directed, and the period of time or duration for the performance or doing thereof is prescribed and fixed by law, the time, except as otherwise provided in sections 645.13 and 645.14, shall be computed so as to exclude the first and include the last day of the prescribed or fixed period or duration of time. When the last day of the period falls on Saturday, Sunday or a legal holiday, that day shall be omitted from the compu- tation. History: 1941 c 492s 15; 1981 c l17 s 1 645.151 TIMELY DELIVERY OR MAILING. When an application, payment, return, claim, statement or other document is to be delivered to or filed with a department, agency or instrumentality of this state or of a political subdivision on or before a prescribed date and the prescribed date falls on a Saturday, Sunday or legal holiday, it is timely delivered or filed if it is delivered or filed on the next succeeding day which is not a Saturday, Sunday or legal holiday. History: 1981 c 117 s 2 CONSTRUCTION OF LAWS 645.16 LEGISLATIVE INTENT CONTROLS. The object of all interpretation and construction of laws is to ascertain and effectu- ate the intention of the legislature. Every law shall be construed, if possible, to give effect to all its provisions. When the words ora law in their application to an existing situation are clear and free from all ambiguity, the letter of the law shall not be disregarded under the pretext of pursuing the spirit. When the words of a law are not explicit, the intention of the legislature may be ascertained by considering, among other matters: (1) The occasion and necessity for the law; (2) The circumstances under which it was enacted; (3) The mischief to be remedied; (4) The object to be attained; (5) The former law, if any, including other laws upon the same or similar subjects; (6) The consequences of a particular interpretation; (7) The contemporaneous legislative history; and (8) Legislative and administrative interpretations of the statute. History: 1941 c 492 s 16 645.17 PRESUMPTIONS IN ASCERTAINING LEGISLATIVE INTENT. In ascertaining the intention of the legislature the courts may be guided by the fol- lowing presumptions: 1449 or u or ( in' certain day ~onths from ~cluding the order as the lOt so many expire with or thing is ~ce or doing t in sections the last day f the period the compu- ument is to faeState or of te falls on livered or nd effectu- le, to give clear and he pretext re may be ' subjects; INTERPRETATION OF STATtYrK~ 645.24 449 (1) The legislature does not intend a result that is absurd, impossible of execution, or unreasonable; (2) The legislature intends the entire statute to be effective and certain; (3) The legislature does not intend to violate the constitution of the United States or of this state; (4) When a court of last resort has construed the language of a law, the legislature in subsequent laws on the same subject matter intends the same construction to be placed upon such language; and (5) The legislature intends to favor the public interest as against any private inter- est. History: 1941 c 492 s 17 645.18 GRAMMAR; SYNTAX; ELLIPSIS. Grammatical errors shall not vitiate a law. A transposition of words and clauses may be resorted to when a sentence is without meaning as it stands. Words and phrases which may be necessary to the proper interpretation of a law and which do not conflict with its obvious purpose and intent nor in any way affect its scope and operation may be added in the construction thereof. History: 1941 c 492 s 18; 1979 c 8 s 1 645.19 CONSTRUCTION OF PROVISOS AND EXCEPTIONS. Provisos shall be construed to limit rather than to extend the operation of the clauses to which they refer. Exceptions expressed in a law shall be construed to exclude all others. History: 1941 c 492 s 19 645.20 CONSTRUCTION OF SEVERABLE PROVISION.S., not be severable, the Unless there is a provision in the law that the provisions snail provisions of all laws shall be severable. If any provision of a law is found to be uncon- stitutional and void, the remaining provisions of the law shall remain valid, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. History: 1941 c 492 s 20 645.21 PRESUMPTION AGAINST RETROACTIVE EFFECT. No law shall be construed to be retroactive unless clearly and manifestly so intended by the legislature. History: 1941 c 492 s 21 645.22 UNIFORM LAWS. Laws uniform with those of other states shall be interpreted and construed to effect their general purpose to make uniform the laws of those states which enact them. History: 1941 c 492 s 22 645.23 [Renumbered 611A.05] 645.24 PENALTIES FOR EACH OFFENSE. When a penalty or forfeiture is provided for the violation of a law, such penalty or forfeiture shall be construed to be for each such violation. Histol~: 1941 c 492 s 24 6d5.451 INTERPRETATION OF STATUTES 1456 Subd. 2. "Minor" means an individual under the age of 18. Subd. 3. "Adult" means an individual 18 years of age or older. Subd. 4. "Minority" means with respect to an individual the period of time during which the individual is a minor. Subd. 5. "Majority" means with respect to an individual the period of time after the individual reaches the age of 18. Subd. 6. "Legal age" or "full age" means 18 years of age or older. History: 1973 c 725 s 84 645.452 DISABILITIES OF MINORITY, TERMINATION AT AGE 18. Except as otherwise provided by statutes, every disability of minority at common law shall cease when a person reaches 18 years of age. History: 1973 c 725 s 85 645.46 REFERENCE TO SUBDIVISION. Wherever in the Minnesota Statutes or any legislative act a reference is made to a subdivision without stating the section of which the subdivision referred to is a part, the reference is to the subdivision of the section in which the reference is made. History: 1947 c 201 s I 645.47 REFERENCE TO PARAGRAPH. Wherever in the Minnesota Statutes or any legislative act a reference is made to a paragraph without stating the section and subdivision of which the paragraph referred to is a part, the reference is to the paragraph of the subdivision in which the reference is made. History: 1947 c 201 s 2 645.48 USE OF THE WORD "TO" WHEN REFERRING TO SEVERAL SEC- TIONS. Wherever in the Minnesota Statutes or any legislative act a reference is made to several sections and the section numbers given in the reference are connected by the word "to," the reference includes both the sections whose numbers are given and all intervening sections. History: 1947 c 201 s 3 645.49 HEADNOTES. The headnotes printed in boldface type before sections and subdivisions in edi- tions of Minnesota Statutes are mere catchwords to indicate the contents of the section or subdivision and are not part of the statute. History: 1984 c 480 s 20 645.51 GENDER REVISION OF 1986. The amendments adopted by Laws 1986, chapter 444, section 1, do not change the substance of the statutes amended. History: 1986 c 444 s 3 1457 646.0 MINUTF~' MOUND CITY COUNCIL ' JANUARY 11, 1994 1.2 P LI HEARIN ' T C NSIDER THE VA ATI N F A DRAINAGE LAKE ADDITION The Building Off'~cial explained that the Planning Commission has seen this item twice and at the meeting last night new information was presented that needs to be reviewed by Staff. Therefore, the Planning Commission tabled any action. The Mayor opened the public hearing. There were no comments. MOTION made by Ahrens, seconded by Jessen to continue this public hearing to the January 25, 1994, Council Meeting, allowing the Staff and Planning Commission to review new information. The vote was unanimously in favor. Motion carried. MINUTES OF A MEETING OF TH'F MOUND ADVISORY PLANNING COMMISSION JANUARY 10, 1994 CASB /~93-058~ ~H~'RINB V~-IT 2563 LOST IJ~. ROAD LOT 18. BLOCK I LOST LAKE PID 24-1117-24 22 0032° EASEMENT VACATION. This request was tabled at the December 13, 1993 Planning Commission meeting to allow time for gathering information relating to Lot 17, the parcel to the north, the land availability to the west, and speculations by the City on anticipations of the Storm Water Management Plan. Building Official, Jon Sutherland, reviewed a letter which he mailed ~o the applicant on December 30, 1993 that requested additional information regarding the balance of the easement on lot 17 and the area to the west that is City owned. Sutherland noted that staff has not received any additional information to-date. Vern Veit, original developer of the Lost Lake Subdivision and representing the applicant, submitted to the Planning Commission a packet of information including: "Reasons for needing partial vacation of draining easement,,, drainage calculations, and a copy of State Statue 505.02 with the following highlighted "The purpose of any easement shown on the plat must be clearly stated, and shall be confined to only those that deal with public utilities, and such drainage easements as deemed necessary for the orderly development of the land encompassed within the plat." Mr. Veit also displayed a drawing on tagboard consisting of the surveys for lots 17, 18, and 19. Mr. Veit proceeded to expound on the reasons for needing the vacation, as follows: - Easement area designated is grossly oversized for its need and use. The land planners (Coffin & Gronberg) did a poor job designing this lot. If vacation is not granted, a 9 foot high retaining wall would be required to allow for the driveway which would not be aesthetically pleasing. If a terraced wall is installed, it would need to encroach into the easement, or require partial vacation of the easement (approximately 12 feet). A terraced retaining wall would continue the continuity of this development. It was noted that the drainage calculations have not been submitted to the City for staff review prior to the meeting. Mr. Veit stated that the City Engineer did have the opportunity to review them. The Planning Commission discussed that this is a good example of a house not designed for the lot. Clapsaddle commented that he wanted to hear the City Engineer,s comments on the applicants information. Planning Commission Minutes January 10, 1993 Easement Vacation Case 293-058 Page 2 Hanus commented that it appears impractical to expand the pond to either the north or the south, and the logical direction for expansion would be to the west. He discussed this issue with John Cameron earlier in the day, and he indicated that the applicant's needed to provide documentation that the easement is not needed. Michael reiterated that the required information was not submitted by the applicant in time to be reviewed by the city Engineer. It was noted that there may have been a lack of communication between staff and the applicant's as they were unclear as to what information was to be provided. Sutherland noted in his letter that the applicant's surveyor was to contact either himself or the City Engineer to clarify the needed information; and this was never done. reit stated that the city Engineer has all the same information that they presented this evening. The Building official noted that this information does not reflect the current conditions of the site as the pond was not installed as it was intended. MOTION made by Hanus to recommend approval of the vacation of the easement up to the southern edge of the walkway easement, provided the applicants reverse the city Engineer's opinion, and it is recommended the City council table this issue at their meeting on January 11, 1994 until the applicant can discuss with the city Engineer what information is required, due to an obvious communication breakdown. When the information is available the case should be referred back to the Planning Commission. Motion seconded by Michael. The Commission discussed the fact that the Council has a scheduled public hearing for this case tomorrow, and how does this affect the motion. MOTION withdrawn by Hanus and Michael. MOTIO~ made by Hanus to table the request fo~ an easement ~aoatxon until the applicant can provxde further znformation supporting their claims. Clapsaddle seconded the motion. Motion carried unanimously. The Planning Commission requested their message be forwarded to the City Council at their meeting on January 11, 1994. CITY OF MOUND Memorandum 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: January 10, 1994 Planning Commission Meeting Planning Commission Jon Sutherland, Building Official '~'~ ' Case//93-058, James and Katherine Veit, 2563 Lost Lake Road, Lot 18, Block 1, Lost Lake, REQUEST FOR EASEMENT VACATION The attached letter dated December 30, 1993 details staff's position regarding the drainage easement vacation request. We have indicated to the applicant that additional information could be provided and none has been received to-date. Staff's recommendation remains unchanged based on the original application. JS:pj Enclosure SSt. pr,nted on recycled paper CITY of MOUND 5341 MAYWOOO ROAD MOUND MINNESOTA 55364 '687 t612~ ,472 0600 FAX t612,472-0620 December 30, 1993 James and ~atherine reit 4379 Wilshire Blvd C305 Mound, MN 55364 RE: Vacation Request at 2563 Lost Lake Road Dear Mr. and Mrs. Veit: I have reviewed your request again with City Staff and it is still our opinion, including the City Attorney, that vacation of the easement as you have proposed is not acceptable to Staff. At the Planning Commission meeting the request for additional additional information was brought'up that would shed some light on your request and this could impact staff's recommendation. Specifically, information regarding the balance of the easement on lot 17 and the area to the west that is City owned. This information is your responsibility to provide. The city engineer may speculate on the needs of the city's stormwater management. However, this is difficult to do because our plan is conceptual at this point, and our opinions are naturally reserved. If you decide to provide the additional information, staff will do their best to review it prior to the Planning Commission meeting on January 10, 1994 and the City Council meeting on January llth. Your surveyor may contact me at 472-0600, or the city Engineer at 476-6010, directly if they have any questions. R~spe~~ ~n ~ut~er%eVO. . Building official CC: Ed Shukle, city Manager John Cameron, city Engineer Curt Pearson, city Attorney JS: is printed on recycled paper MINUTF3 OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION DECEMBER 13, 1993 CABB #93-058: JAHE8 & CATHERINE VBXT, 2563 LOBT LAKE ROAD° LOT 18, ]BLOCK 1, LOBT LAKE, PI:D #24-1.117-24 22 0032. BABEMEIqT VACAT*rOM CPUBLTC HEAR/N(]). Jon Sutherland, Building Official, reviewed the City Engineer's recommendation for vacation of a portion of the drainage easement over the subject property, as follows: "This easement was created for construction of a sedimentation pond when the property was platted. The pond actually constructed did not cover the entire area described by the easement. Therefore, the portion requested to be vacated appears to be unnecessary as a drainage easement; however, our concern is that will be required of the City in the future regarding storm water management. It's possible this pond may need to be enlarged, in which case some or all of the easement may be required." The Public Works and Parks Department also recommended denial of the vacation as requested. The Commission clarified with the applicant why they are requesting this vacation. It was explained that the applicant would like to construct a driveway on the easement in order to access a garage, the garage they propose would have both an upper and lower level with one being accessed from the front and the other from the side which is why they would need the driveway over the subject easement. It was clarified that the paved driveway is proposed to abut the walkway easement. Jensen received confirmation from the Building Official that the house can be constructed right up to the easement. Jensen further commented that Storm water Management is a big issue and that the Planning Commission should be sensitive to this issue. Chair Meyer opened the public hearing. Vern Veit, original developer of the Lost Lake Subdivision, spoke on behalf of the applicants, and explained that the portion of the easement requested to be vacated is only a small portion of the entire easement which continues north into Lot 17. Mr. reit shared some figures computed by Mark Gronberg, surveyor, regarding the amount of water storage that is needed in this area based on the 100 year flood. Me stated that the easement is grossly oversized and the reason the easement line was drawn there is because it was a survey line. He further explained that the elevations of the easement proposed to be vacated are higher than the balance of the easement and the area is too high to use as a drainage area. The elevation of the easement south of the walkway is 936. Me also noted that the City of Mound owns a large portion of land to the west where the elevation ranges between 929.4 and 931.5. The elevations within this portion of the easement are above the street and runoff would have to be pumped into this area if it were to be used for drainage. Jensen questioned the lot area of Lot 18; it was unknown. Hanus questioned the availability of a survey for the lot to the north, Sutherland confirmed that one should be on file. p~ann£ng Coe~lssion #£nutes December 13, 1993 Vern Veit commented that the city of Mound already owns an abundant amount of land to the west which would accommodate drainage requirements- It was noted that no drainage comes in from Bartlett Blvd. as LostLake Road was raised so water will not flow into this development. Dave Olson of 2582 Lost Lake Road suggested that if the easement is allowed to be vacated that the walkway, which he uses to access Lost Lake Park and his dock site, be moved to the north so they are not affected by the proximity of the proposed driveway. Staff's rationale for it's recommendation was discussed and it was noted that the City is in favor of retaining the drainage easement due to impending storm water management regulations. chair Meyer suspended the public hearing. The Commission further discussed the issue. Hanus commented that he is in favor of retaining easements in this area, however, he is not convinced that the entire area is needed and he would like to see staff or the applicant further research to provide more elevations, including the lot to the north, and the property to the west. Meyer agreed, if there is ample room to double or triple the size of the pond towards the north, he may consider approval of the vacation. The applicant expressed a concern about having a pond adjacent to her basement. Voss commented that maybe it would be beneficial for the applicant to get organized and work with the city on potential storm water management needs, and allow the city Engineer more time to collect information. Johnson agreed that it would be beneficial for the city Engineer to review the elevations of the balance of the easement and reassess his recommendation- aO~lOS made by Clapsaddle, seconded by Hanus, to table this r~quost until the January 10, 1994 planning Commission Meeting, and still have the City council hold More their public hearing on Januar~ 11, 1994. information is to be supplied relating to Lot 17, the parcel to the north, the land availability to the west, and speculations by the city on anticipations of the Btor~ yater Management Plan. Motion carried $ to 3. Those in favor were= Meyer, Clapsaddle, Mueller, Johnson, ross, and Hanus. Michael, Jensen, and leiland opposed. Weiland commented that he feels adequate information was submitted and a vote should have been taken. Jensen commented that we have an existing easement and once it is gone you cannot get it back. Michael feels that Cameron saw enough information to base his decision and he agrees with it. weiland agreed with both Jensen and Michael. HanUs commented that he is not convinced that the City Engineer's recommendation was based on consideration of the entire easement, he does not believe that it is possible that the entire easement, both lots, could potentially be used for a pond, he does not believe that size of a lake would be put in that neighborhood. The City Planner suggested that Hr. Veit share the drainage calculations by his surveyor with the city Engineer. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors Mr. Jon Sutherland Planning and Zoning City of Mound 5341 Maywood Road Mound, Minnesota 55364 December 9, 1993 RECEIVED DEC 0 1993 ..' OtiND P .ANNiNG & iNSP, SUBJECT: City of Mound, Minnesota Easement Vacation Request Lot 18, Block 1, Lost Lake Case #93-058 MFRA #8902 Dear Jori: As requested, we have reviewed the above request to vacate a portion of an existing drainage easement over the subject property and have the following comments and recommendations: This easement was created for construction of a sedimentation pond when the property was platted. The pond actually constructed did not cover the entire area described by the easement. Therefore, the portion requested to be vacated appears to be unnecessary as a drainage easement; however, our concern is what will be required of the City in the future regarding stormwater management. It's possible this pond may need to be enlarged, in which case some or all of the easement may be required. We have discussed this with both Public Works and the Parks Department and our consensus is to recommend denial of the vacation request. Sincerely, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron, City Engineer JC:jmk cc: Greg Skinner Jim Fackler An Equal Opportunity Employer CITY of MOUND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA 534' MAYWOOD ROAD MOUND MiNNESC-A55364 !687 ~6!2i 472 3600 FAX 6!2 4-2 0620 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 beating 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 lanuary 3, 1996, and posted by December 29, 1993. ~"~1~ I  ~',~tc'd i~. ':%', ~'~ P~ per James and Cathy Veit 2563 Lost Lake Rd. Mound, MN 55364 472-7222 Reasons for needing partial vacation of draining easement: 1. Easement area designated grossly oversized. Cubic foot storage required for 100 year rain fall is 7,226 cubic feet (see exhibit gl). The area needed for holding pond two feet deep is 3,613 sq.ft. This drainage easement is approximately 10,000 sq.ft. 2. Land planners did a terrible job laying out this lot by allowing easement to encroach so far South and not keeping South lot line straight. This angle line creates a hardship in trying to design a home to flow with the land. 3. If vacation is not granted, a retaining wall required for the driveway will be nine feet high at the home. A flat nine feet high retaining wall would not be aesthetically pleasing. It would be more desirable to have a terraced retaining wall with shrubs. A terraced wall is possible only with partial vacation of drainage easement. ~4. Staff talks about future storm water management and the possibility diverting water from other areas to this drainage easement for treatment. This can not be done lawfully as MN Statute 505.02 states (see exhibit ~2). "The purpose of any easement shown on the plat must be clearly stated and shall be confined to only those that deal with public utilities, and such drainage easements as deemed necessary for the orderly development of the land encompassed with in the plat." Here shall is the trigger word, as we all know this means mandatory. There for supporting our feelings that the drainage easement is grossly oversized for its need and use. 5. We feel this is one of the best single family developments in the City of Mound. With this partial vacation of drainage easement, we can install a terraced retaining wall and plantings to continue the continuity of this development. .77 A , ..¢T¢,,'-FZz/V¢ T/aX,/ A,~,"xo ~c/,exz:.,o/.: Z~ z /./ Az. , £, ~Z ... ?.,,'~ le, IB P.02 ~k of 16 Id Ii. PLATS; CO01~DINATES; SURVEYS § 505.0:2 and at all intermediate points on tile 10lock lines indicating changes of direction in the lines. The plat shall indicate that all monuments have been set. Therc shall be shown on the plat all survey and mathematical informa- tion and data necessary to locate all monuments and to locate and retrace any and all interior and esterior boundary lines appearing thereon. The outside boundary lines of the plat shall be correctly designated on the plat and shall show bearings on all s~aight iin~s, or angles at all angle points, and central angle and radii and are len~h for all curves. All distances shall be shown between all monuments as measured to the nearest hundredth of a foot. All ' lot distances shall be shown on the plat to the nearest hundredth of a foot and all curved lines within the plat shall show central angles, radii and arc distan~s. If a curved line constitutes the line of more than one lot in any block of a plat, the central angle for that part of each lot on the ~rved llne shall be shown. The width of all thoroughfares shall be shown on the plat. Ditto marks shall not be used on the plat for any purpose. In any instance where a river, stream, creek, lake or pond constitutes a boundary line within or of the plat, a su~ey line shall be shown with bearings or angles and distances between all angle points and their relation to a water line, and all distances measured on the survey line between lot lines shall be shown, and · e s~,ey line shall ~ shown as a dashed line, The outside boundary lines of the plat shall close by latitude and departure with an error not to czcccd one foot in 7,5~ feet. All rivers, streams, creeks, lakes, ponds, swamps, and ali public highways and thoroughfares laid out, opened, or traveled (existing ~fore the platting) shall be correctly located and plainly shown and designat- ed on the plat. The name and adjacent boundary lines of any adjoining platted lands shall be dotted on the plat. Subd. 2. Any such plat which includes lands abutting upon any lake or stream shall show, for the put,se of information only, a contour line denoting the pre,at shore line, water elevation and the date of survey. The highest known water elevation shall b~ indicated on the face of the plat by numerical figures if this data is available from the division of waters, soils and minerals of the state department of natural resources or from the Unitcd States corps of engineers. All elevations shall be referenced to a durable bench mark described on the plat together with its location and elevation to the nearest hundredth of a foot, which shall be given in mcan sca level datum if such bench mark with known sea level datum is available within one.half mile, or such longer distance as may ~ practicable. ...... ~ ~ ~ ~'~'s:;~ 0 m~ - ~ shown ~f Ihe land e~c~mpas~d t purary easements shal] not be ona plat. All e~ments created or dedicated by such plat must be approved by the governing or jurisdictional body or its a~ent prior ~o record- lng of final plat. Amended by ~ws 1959, c. 339, ~ I; Laws 1959, Ex.Scos., c. 55, ~ I; Laws 1967, c. 580, [ 1, eft. May 19. 1967; ~ws 1969, c. 1129, art. 3, ~ 1. 777 ~0~Z~L~ APPLICATION TO VACATE NOV 3 Ma~d Road ~ ~ 472-0600, fax: 472-0620 ~ -- ........... ~ Application Fee:. $150 Applicant's Name ~--~(l~ec~ ~ CCN~ Y,~e ~[4 '~ Day Phone LEG~ DESCRIPTION OF APPLIC~T'S ABUTTING PROPERTY: 'ZS~S ~ ~ C1~ ~oe~ Description of Street or Easement to be Vacated: PID No. ~L~ ~- ii ] - ~ Z~ 0{') ~ :3 Reason for Request or Interest in Prope~ O_A ~' ~'/~ ~[]L~-%A there a public need for the right-of-way to be retained for a public purpose? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's Signature Jr~~ ~?/~ j--'~~Date- //' /~ '-~- ~ ~'' Recommendations from Utilities: NSP Minnegasco GTE Recommendations from City Depts.: Public Works Fire Chief Engineer__ Police Chief Other COFFIN & GRONBERG, INC. SURVEYING. ENGINEERING AND LAND I~,.ANNINO 48~'-A TAI~ARACK AVENUE LONG LAKE, MINN. 66:~86 473-4141 Proposed easement vacation for James & Cathy Veit ill Lot 18, Block 1, Lost Lake Hennepin County, Minnesota Description of part of drainage easement to be vacated 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. SOUTHTOWN PLUMBING, INC. MINNEAPOLIS, MINNESOTA 55423 612-866~3057 Esmbashed 1963 Minn 1784-M Mpls 297-M St. Paul 12443-M JUly 3, 1991 ,JUL 5 1991 City of Mound 5341Maywood Rd. Mound, MN 55364 Attn: Ed Shukle, Jr. City Manager RE: Lost Lake Subdivision and Utility Easement Ed, Last fall after we met I created an easement on Lot 18 for a walkway. It was filed and recorded last fall and a dated copy of it was sent to you. We were unable to complete it last fall because of the weat- her. I now have a confirmed date for blacktopping the walkway on the afternoon of July 9th (weather permitting). Hopefully with this walkway and utility easement completed you will be able to bring in your equipment to mow the park. T,hank yo~,/~ /~/~_aV.ern W. veit Partner Jellico cc: Jim Fackler John Cameron Dave Willette Lwv/jjn No delinquent rues and transfer entered; Certificate- of Real Estate Value ( } filed { } not required Certificate of Real gstate Value No. County Auditor by, Deput& $TATE DEED TAX DUE HEREON: $ 1.65 Date:_ , ~9 90__~_ FOR VALUABLE CONSIDERATION, Je.__.~[ ! i co = - ~ ~ (.reserved for recording data) . urantor here ~. under the laws of Ha~nn*",?in~3~,.~x~X~I ' by conveys and qmtcla~ms to t:he City-of Nound, . Grantee (,). real P~opert7 in -i~_nn~,n ! n _County, Minnesota, described ~ foHow~: UtfLtity and public -atk~ay easement: over and across the southern ten ( feec of t:he northerty forCy-I~tve (&$} feet: of Lot: El§hr:eRR, Brock One,10) Lose Lake, accord/ng to the plat: on file and of record in the office of the County Recorder, Henneptn County, HLnnesot:a. The Coral considerat~on for thLs transfer is $500.00 or less. together vdth ail hetedltament~ and appurtenances belonging thereto. Affix I)eed Tax Statnl, lief,, STATE OF MINNESOTA COUNTYOF HEN~N - I ss. The forgoing wes acknowledged before this by ~ me the under the laws of N~TARIAL Sf4Mf OR ~RA~ fOR OYNZR TIT[.I~ OR RANK} ~ NARSO, ,/,20 Edir~orough Corporate Ccrg:er East: 3300 Edi nborough ~Nir~capolis, Nirr~so~a 55/435 (612) 831-2323 ' .ie__L1 iC,~Fn M.L~,W/~n Pnrrn,'r<hin ltl , · ~Parl:nor.~hi p , on behalf of the P~rrner~~ The City o[ Hound ~3~1 Hay~ood Rd Mound, _Minnesota 55364 Jeltico 6636 Penn Avenue South Rtch[ield, N~nne~o~a 55423 .. 18 January 26, 19BB RESOLUTION NO. 88-!5 RESOLUTLOM TO APPROVE THE LOCATION OF SIX DOCK SITES O# LOST LAKE CIIANNEL, CITY OF HOUND PROPERT'f WHEREAS, the City of Hound owns property lying west of the Lost Lake Subdivision and east of the main channel access to Lake Hinnetonka; and WHEREAS, the six sites will be assigned location numbers as follows: 55000 55040 55080 · A55120 - Abutting property, Lot lB 55160 . A55200 - Abutting property, Lot 17 and will be listed on the 1988 dock location map; and WHEREAS, these above listed docks will be governed under the Hound City Code, S~ction 437 - Dock Licenses; and WHEREAS, Jellico, developer' of the Lost Lake Subdivision. agrees to provide a walk/maintenance access to the docks from Lost Lake Road west toward Lost Lake to the 931.5 foot flood elevation. This access is to be 10 feet wide with the length.d~termined by location of the 931.5 foot flood elevation line, with a 4 foot wide Paved walkway surface to the 931.5 foot flood elevation; and WHEREAS, the Hound Parks Advisory Commission recommended approval of these additional six {6) dock sites to.be listed on the 1988 Dock Site Hap at their special meeting of December 15, 1987. NOW, THEREFORE, BE XT RESOLVED that the City Council of the City of Hound, Hinnesota, hereby approves the addition of the aforesaid six (6) dock sites to the City of Hound dock system. BE IT FURTHER RESOLVED that jellico agrees to dedicate a utility and public walkway easement to the area proposed for docks. The easement will consist of a 10 foot wide strip which will consist of a 4 foot wide strip of asphalt with 3 feet of gravel on either side for walkway and maintenance vehicle access to the dock site area to be installed by Jellico. The foregoing resolution was moved by Councilmember Jessen and seconded by Councilmember Johnson. lg January 25, 1988 The following Counctlmembers voted.in the affirmative: 3essen, 3ohnson and Smith. The following Counctlmembers voted in the negative: jensen. Councilmember Abel was absent and excused. Attest: City Clerk January 26, 1988 asphalt with 3 feet of gravel on either side for walkway and maintenance vehicle access to the dock site area. He explained that 9 sites were measured out, 30 feet apart, for the total 290 feet that is there. Hargaret & Bob Hansen, 5425 Bartlett Blvd., spoke against approval of these dock sites because of the environmental impact on the wetlands and con- sequently Lake Minnetonka. Tim King, 2'~4'7 Lost Lake Road, spoke in favor of the dock sites because there is already boat traffic in the channel and snowmobiles traffic in the marsh area that does not appear to be harming it, There was discussion on who would maintain the channel, Councilmember Jessen suggested 6 dock sites instead of 9. Councilmember Jensen stated She would still have to vote against this because of her concern about motorized traffic in the Lost Lake area. The city Attorney suggested that if this resolution is approved the following be inserted, 'Jellico agrees to dedicate a utility and public walkway easement to the area proposed for docks. The .easement will consist of a 10 .foot wide strip which will consist of a 4 foot wide strip of asphalt with 3 feet of gravel on either side for walkway and maintenance Vehicle access to the dock site area to be installed by Jellico.' The Council agreed. jessen moved and Johnson seconded the following resolution: RESOLUTION ~88]'1~ RESOLUTION TO APPROVE THE LOCATION OF SIX DOCK SITES ON LOST LAKE CHANNEL, CITY OF HOU#O PROPERTY The vote was 3 in favor with Councilmember Jensen voting nay. Motion carried. ex lained that the Park Advisory Commission was never or- The' City ~anager. P _ . ' suooestinq that an ordinance be mall established in the Ci_tt~C~0~e~..~J~.~,.~_.~¢~ljl~4sh~. ~+~ duties and adopted cre~t.~i~g~his'~patl~R~v~s°ry ~OmmlSSlOn anu rms ~.-.r~'~- i~h moved and Johnson seconded the following: _..____ .... 0]'~988 AM ORDINANCE ADDING SECTION 255 TO THE CITY CODE . ORDINANCE I1 CREATING k PARK ADVISORY COHHISSION AMD ESTAB- LISHING ITS DUTIES The vote was unanimously in favor. Motion carried. 261 RESOLUTION NO. October 9, 198q RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE FINAL PLAT OF LOST LAKE WHEREAS, the final plat of Lost Lake has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 22.00 and under Chapter q62 of the Minnesota Statues and all proceedings have been duly conducted thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and Ordinances of the City of Mound; and WHEREAS, th~ City Engineer has suggested that some changes be incorporated into this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that: Plat approval request for the Lost Lake is approved upon compliance with the following requirements: 1. As per final Plat "Exhibit A". ¸2. Per requirements set forth in Resolution 83-12q, or as subsequently amended by motion, approving the preliminary plat of Lost Lake· Escrow fund is to be established in the amount of $3,600. Pursuant to the City of Mound Resoluton No. 79- 501, the Park dedication and open space requirements for the subdivision are satisfied. Furnish the City with a performance bond in the amount of $130,3qq. to cover 125{ of the estimated cost of grading, water.sin, streets, sanitary sewer, etc.; all in conformance with the City plans and specifications before the final plat is signed by the City at the sole expence of the subdivider and in conformance with Chapter 22 of the City Code; or if, in lieu of the developer making improvements, the City proceeds to install any or all of said improvements, under the provisions of Chapter q20 of the Minnsota State Statutes, the above mentioned corporate surety bond shall guarantee 262 October 9, 198tt payment in full by the developer of the cost of said improvements upon completion and assessment of the improvement. 6. Driveway access to Lots 1 through 19 will be provided from the newly platted Lost Lake Road. 7. Current validation of any State, County or local permit approval such as Minnehaha Creek t/atershed, State Health Department, Itennepin County Department of Transportation, enc. 8. Signing the Developer's Contract establishing performance and requiring that the date of completion of utilities and streets be set at a date not later than the first anticipated date of issuance of first Certificate of Occupancy. If said Certificate is anticipated to be issued during the winter months, construction must be completed by November 30th. Said Development Contract shall be Exhibit aB" and in no event shall Development Contract exceed one year. 9. City Attorney's title opinion approval. 10. All construction plans, Exhibit "C", shall meet the requirements of the City Engineer and his recommendation letter of September 11, 1984. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the above named Owners and Subdividers after completion of the requirements of their use as required by M.S.A. 462.358. C. That the Mayor and the City Manager are hereby authorized to execute the Certificate of Approval on behalf of the City Council upon compliance with the foregoing provisions. D. This final plat shall be filed and recorded within 60 days of the signing of the hard shells by the Mayor and City Manager in accordance with Section 22.00 of the City Code and sba1! be recorded within 180 days of the adoption date of this resolution with one copy being filed with the City of Mound. BE IT FURTHER RESOLVED that such execution of the Certificate upon said plat by the Mayor and City Manager shall be conclusive showing of property compliance therewith by the Subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in 573 October 9, 198~ compliance with M.S.A. ~62 and the Ordinances of the City. The foregoing resolution was moved by Councilmember Charon and seconded by Councilmember Peterson. The following Councilmembe~s voted in the affirmative: Charon, Jessen, Paulsen, Peterson and Polston. The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk RESOLUTION APPROVING THE PRELIHINARY PLAT OF THE NORTHERLY PORTION OF LOST LAKE ADDITION- PI0 #2~-117-24 22 OOI8 WHEREAS, the plat of Lost Lake Addition has been submitted in the manner required for platting under Section 22 of the City Code of the City of Mound and under Section 462 of the Minnesota Statutes; and WHEREAS, the Planning Commission of the City of Mound has reviewed said plat and found it to be consistent with the City plan and ordinances of the City of Mound. NOW, THEREFORE, BE IT RESOLVED that the City Councll of the City of Mound, Minnesota, does hereby approve the prellmlnary plat approval request application as described in Exhibit "A", Case No. 83-229, contingent upon compliance with the following requirements: i. The filing of a revised plat indicating surface water drainage patterns and proposed street grades. Also before final plat approval by the City Council, the petitioner shall submit to the Clty Engineer for approval, constructions plans which will include grading, drainage, streets and utilltles. Development' Contract to be executed and approved by the City Engineer. 2. Submission to the City Building Officlal of a letter from the Hennepln County Highway Department documenting the approval of the proposed road access on County Road 125. Submission to the City Building Offlclal of results of soll boring tests conducted on the site. 4. Submission to the City Building Official of evidence of approval by the Minnehaha Creek Watershed District for the proposed surface water drainage plan and systems. 5. Furnishing a duly completed and executed performance bond, certified by the City Attorney as valid and enforceable, 125% of estimated cost, $75,375.00, to cover: · '(a) installation of grading, gravel and base for streets; · (b) paving of streets; (c) installation of concrete curb and gutters; (d) installation of water systems; (e) installation of sanitary sewer systems; (f) installation of storm sewer systems; all in conformance with City approved plans and specifications at the sole expense of the subdivider inconformance with Chapter 22.00 of the City Code. 6. The provision of a ten (10) foot utility and drainage easement along the front, sides or corner lots, rear of all 1ors, and ten (!0) feet equally divided between each lot on interior slde lot lines. 7. Before building permits for any homes to be constructed in said subdivision are issued, a certificate signed by a registered engineer must be provided. This certificate will state that all final 1or and building grades are in conformance to the drainage development plan and minimum floor elevation plans approved by the City Engineer as per development contract. 8. Pursuant to City of Hound Resolution ~, the park dedication and open space requirements for the subdivision are satisfied. 9. Approval of Title by the City Attorney. 10. Failure on the part of the petitioner to submit a final plat within one (I) year from the date of this approval shall deem the preliminary approval to be null and void (Section 22.13). II. Submission to the Building Official of evidence of approval by Pollution Control Agency and Minnesota Department of Health for sanitary sewer and watermain. 12. Submit street name for proposed plat, as well as signage and street lighting. 13. An escrow fund of $2,700.00 (minus filing fees, approximately $298.00) be established to. cover City engineering, legal and administrative expenses. 14. Divide Outlot A between adjoining properties with necessary drainage and utility easements, where required. I$. Removal of ali dead and diseased trees on the property. The foregoing resolution was moved by Councilmember Paulsen and seconded by Councilmember Peterson. The following Councilmembers voted in the affirmative: Charon, Jessen, Paulsen, Peterson and Polston. The follo~ving Councilmembers voted in the negative: None. Attest: City Clerk ... t, LNEI~ML, ZONING INFORL~L~TION SItEET I , ADDRESS: Re. ired ~ W~d~h~,(frontmge Existing ~t Width ~pth~ BBTBAC~8 REQUIRED ~ ACCES~RY BUILDING FRONT z N S SIDez # S · # fEf~ ~' REAR: LAKESNORE s o ,~XXSTXNG AIqD/OR PROP08ED 8ETBACXS: PRINCIPAL BUILDING FRONT FRONT SIDE: REAR: FRONT s N S · W FRONT s N S · If SIDEs N S · W SIDEs N S · W REARs N · · 50' (~eaeu[~d (;om O.N.W. ) AC%~ESSOR¥ BUILDINO BY s ,.; lO (~9) (45) ' 3 33) LO! A (3~) o 0 0 PROPOSED RESOLUTION #94- RESOLUTION TO APPROVE A VARIANCE FOR A DECK AT 4909 THREE POINTS BLVD., LOT 3, BLOCK 4, SNADYWOOD POINT, PID #13-117-24 11 0008 P&Z CASE #94-07 WHEREAS, the owners, Dennis and Mary Brenny, have applied for the following variances to allow construction of a deck and enclosed storage area under the deck, FRONT 23.9 20 NONE SIDE, NORTH 5.4 6 0.6 SIDE, SOUTH 5.5 6 0.5 LAKE SIDE (TO 40 50 10 DECK) HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%) 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, this is an after-the-fact application, and; WHEREAS, the new deck is actually a replacing the old deck that was deteriorated, and the new deck is slightly larger at one end with a cantilever, and the deck was reduced in size on the other end, therefore, the additional encroachment of the cantilever is minor and offset by the reduction of the deck on the other end, and; WHEREAS, the old deck was 8' deep, and the new deck, at the cantilevered portion, extends 11' to 12', and; WHEREAS, the storage area under the deck is not attached to the house, it is set on top of the existing cement patio, and there is not a door from the storage area into the house. WHEREAS, the storage shed under the deck is required to meet the same lake setback as the principal structure, and; WHEREAS, the original deck was already too close to the ordinary high water, and; WHEREAS, when this house was built in 1980 the house was placed 50 feet from the ordinary high water elevation and an 8 foot deck was permitted at that time, and; February 22, 1994 case ~94-07 Proposed Resolution WHERR]%H, the Planning Commission has reviewed the request and recommended approval by a 6 to 2 vote. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the City of Mound, Minnesota, as follows: 1. The City does hereby grant the following variances to allow a deck and storage area under the deck: Side Yard Setback Variance to the North side Yard Setback Variance to the South Lakeside Setback Variance to the Deck and Shed Variance to Impervious Surface Coverage 0.6' 0.5' 10' 1905 sq. ft. (30%) 0 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. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a deck, a 6' x 8' storage shed under the deck, and a 8' x 10' screened area under the deck as shown on the attached Exhibit A. This variance is granted for the following legally described property: Lot 3, Block 4, Shadywood Point. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION February 14, 1994 CASE #94-07: DENNIS & MARY BRENNY, 4909 THREE POINTS BLVD., LOT 3. BLOCK 4. SHADYWOOD POINT, PID #13-117-24 11 0008. VARIANCE FOR DECK. Building Official, Jon Sutherland, distributed photographs of the subject property, and reviewed the applicant's request for an after-the-fact building permit for the lake side deck, storage area under deck, and screened porch area as shown on the attached survey and photographs. This request results in the following variances to the required setbacks and hardcover: _ ~ EXISTING I REQUIRED I VARIANCE FRONT 23.9 20 NONE SIDE, NORTH 5.4 6 0.6 SIDE, SOUTH 5.5 6 0.5 LAKE SIDE {TO DECK) 40 50 10 HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%) The new deck is actually a replacement of the old deck that was deteriorated. In order to provide for a more functional deck (to allow for a table and chairs) the deck was slightly increased in size with the cantilever of the joists on one end. On the other end the deck was reduced in size to only provide for a walkway. Staff recommended the Planning Commission recommend approval of the request due to the facts that there was an existing deck, the additional encroachment of the cantilever is minor and offset by the reduction of the deck on the north end. Mueller confirmed that the old deck was 8' and the new deck, at the cantilevered portion, extends 11'tO 12'. Mueller expressed a concern about this application being after-the-fact, and he feels that exceptions should not be made. He compared this request to other similar variance requests which received negative responses from the Commission. He stressed that the Commission should be consistent in their review. The applicant's confirmed that the storage area under the deck is not attached to the house, it was set on top of the existing cement patio, and there is not a door from the storage area into the house. The Building Official confirmed that the storage shed under the deck is required to meet the )same setbacks as the principal structure. Planning Commission Minutes February 14, I994 Mueller is concerned that a precedent will be set, and people will think they can build a nonconforming deck without first getting approval of the City, but that the City will grant a variance if it is an after-the-fact application. MOTION made by Voss, seconded by Clapsaddle to recommend approval of the variance as recommended by staff. Jensen explained that when she reviews after-the-fact applications, she looks at them as if they were new requests, and in this case, the existing deck is already too close to the ordinary high water, and since any deck there would require some type of variance, she would then consider the best way to allow some form of deck that does seem to be appropriate in this area without over doing it. It was noted that when the house was built in 1980 the house was placed 50 feet from the ordinary high water elevation and an 8 foot deck was permitted at that time. MOTION carried 6 to 2. Those in favor were: Michael, Clapsaddle, Johnson, Weiland, Jensen, and Voss. Mueller and Hanus opposed. MUeller stated his reason for opposing the motion is that he feels this sets a precedence so you can build closer to the lake if you first build without a building permit. Hanus stated,, ignoring the reality that this is an after-the-fact application, that he is not in favor of allowing the extra cantilevered portion of the deck. This recommendation will be reviewed by the City Council on February 22, 1994. II I EX~IIBIT A RESOLUTION I I CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 STAFF REPORT DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: BACKGROUND Planning Commission Agenda of February 14, 1994 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ---'~ ~-~. Variance Request Dennis and Mary Brenny 94-07 4909 Three Points Blvd., Lot 3, Block 4, Shadywood Point, PID #13-117-2411 0008 R-lA Single Family Residential The applicant is seeking an after-the-fact building permit for the lake side deck, storage area under deck, and screened porch area as shown on the attached survey and photographs. This request results in the following variances to the required setbacks and hardcover: FRONT 23.9 20 NONE SIDE, NORTH 5.4 6 0.6 SIDE, SOUTH 5.5 6 0.5 LAKE SIDE (TO DECK) 40 50 10 HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%) COMMENTS The new deck is actually a replacement of the old deck that was deteriorated. In order to provide for a more functional deck (to allow for a table and chairs) the deck was slightly increased in size with the cantilever of the joists on one end. On the other end the deck was reduced in size to only provide for a walkway. i printed on recycled paper Staff Report 4909 Three Points Blvd. February 14, 1994 RECOMMENDATION Staff recommends the Planning Commission recommend approval of the request due to the facts that there was an existing deck, the additional encroachment of the cantilever is minor and offset by the reduction of the deck on the north end. The abutting neighbors have been notified of this request. This case will be heard by the City Council on February 22, 1994. of [~t ], Block 4, C;,rt~fl-atc of ..qtJrvoy #5}{Ai)YWOOD pOiN'r, tUiNNI'tPIN CObNTY, MINN.' l,ot 3, Block 4, "SltADYW~OI) POINT iII';NN['iPIN L'()I:NTY, MINN." This survey 5hovs the location oJ ~11 Oxtsttng butldin,l~ 3cd vmslhle 'hardcovar' thereon. It docG not purj~ort ro show an} other or encroac'hment~. visaon. 'aod t~'~t I am a dul~ re~'h'd C~ ~~ arKI I''md '~a ~'''~'' °f u ndt~' Planning Commission Date: City Council Date: YARIANCE APPLICATION CIT~ OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 City Planner ~ Public Works City Engineer DNR Other Address of Subject Property~ Lot Please type or print the following information: Block PID No. /$'//7',d"tl'//' Use of Property:_ _ Day Phone Addition ~/q ~__~.~_ ~v District Owner's Narne Owner's Address Applicant's Name (if other than owner)._~ Day Phone Address 1. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. ff yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): ---- ~, ~ ~, --~~ Io' Variance Application (11/93) Page 2 o Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: required requested VARIANCE (or existing) Front Yard: ( N_ S E ~) ~0! ft. '~-~ ,4 ft. ~ ~..ae_. ft. Side Y~d: (~ W ) ~ ft. ~,4 ~. ~ fl. Side Y~d: ( N~S~ W ) ~ ~. $;~ fl. ~ fl. R~ Y~d: ft. ft. ~. (NSEW) ~ide: ( N S~ ) ~ r ~. ~ r ft. ~ r ~. · (NSEW) ~. ft. ~. S~t Frontage: ft. ft. ~ ~. ~t Si~: ~ ~ ~ ~ ~ ~ / Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (), No ,~. If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage (30 existing situation ( ) too shallow ( ) shape ( ) other: specify Variance Application (11/93) Pa&e 3 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? 1'4o (). If yes, explain: Yes (), Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? Comments: ..or ,~ - I certify that all' of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Applicant's S~gnature /',-/-- - '" ' ' ~ - 18:12. ¥.~.,61g 472 0620 ." CITY OF .... ', ;~t "" "' · ~:'}. ' ~AME: ' '~' " ~ · :;.. "'- .'-~ ...'"8~ FT X 8O% · E<)ST:NG'LO, kREA:' ~ · . '~" 'SQFT X.lS% = '.: L~NGTH :',' WIDTH · . ':? ~ Ig. ~ ' :~ ';~ X ' '2~. Z - - ., :~,~ . ..~ - :. , ::~:TOTAL HOUSE  ~. .. ~ ~ ~*'*** P ,v wA : ', +++ ANCiiOR $CIENTIFI TOTAL PROPOSED HARDcovER ... ,'. ~'. -( WE THE UNDERSIGNED, PROPERTY OWNERS OF 4913 THREE POINTS BOULEVARD, HAVE NO OBJECTIONS TO OUR NEIGHBORS OF 4909 THREE POINTS BOULEVARD PRESENT REBUILT DECK AND PRESENT STORAGE SHED AND SCREEN AREA BUILT ON THEIR EXISTING CONCRETE PATIO. SIGNATURE DATE DATE ~ ~ J t ?(~NE' RZ~ZRED EXXS?Z~G . ~__ ] * ~ AAZA, ~ A~ZA, Date or surveyS* ~ o~ Record? yll~ no ? Survey on t'J. le? yei'~ no , Required hot Width, ~e Zx£et£ng hot W~dth_ ~ ~SHO~I SO' (Mimured ~r~ O.X.W.) (fronClge on in Liiproved pubZLc otr_l~et).. SIDEm N S E REAAz Il I E Z.AJC~SNOI~ ~ FRONTI N S E W FRONTI # $ · W J~AR t # $ · 14 [,~KZS HOPZ I ~CCE$$OR¥ BUILDZHO 4' 0£ 6' 4' or6' . 4' SO' (me&lured from O.H.W.! .. hCCESSOR¥ BUILDZNG ...... 15~1.54 RES ..... ARM) =-. o -' II ';2' , ~ ~,. II ~ ~'~ ~ v II ~ ~ ';" '1't 0 0 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION February 14, 1994 INTERVIEWS FOR NEW PLANNING COMMISSION MEMBEI~ A. LISA ANN BIRD, 4685 WILSHIRE BOULEVARD Lisa has been a resident in the Mound area for 4 years. It is her understanding that the role of the Planning Commission is to advise the Council on matters of Planning. Her understanding of the relationship between the LMCD and the City is that they are cooperative agencies. She plans to attend William Mitchell law school and she would like to practice law in the area of international business and doing business with Russia and the former eastern block countries. She does plan to continue to reside in the City of Mound after she graduates. When asked about her thoughts of the Lost Lake property, she did not feel she could give an educated answer. If money or resources were no object, she would like to see the wetland areas and undeveloped areas retained as natural habitats. In 50 years, she would like to see Mound continue as a small town, and does not see a need to compete with the larger suburbs. She would like Mound to become sensitive on issues relating to the quality of the lake. Potential obstacles that she sees in developing the downtown area would be people's perception of growth in the downtown as she believes most people do not shop in their home town. She chose to apply for a position on the Mound Planning Commission versus another volunteer organization because she feels she is an uneducated politician and since she lives in Mound this would be an immediate contact with her life so she would like to become more knowledgeable on the issues relating to Mound. She wants to be involved in issues that could change the City. Her definition of politics is communication with people who make policies and with those who the policies affect. She believes people need to be involved in their community, become aware of issues in their community and communicate these issues with friends and family. She believes Mound does a good job of communicating with its residents. She has no problem with the meeting dates and times. Lisa would not attend a public execution. Planning Commission Minutes February 14, 1994 B. LORRAINE PHERNETTON, 1935 SHOREWOOD LANE Lorraine has lived in Mound for 6 years, before that she lived in Chicago, Florida, Wisconsin, and Minneapolis. Her interpretation of the role of the Planning Commission is that they approve of permits and variances and try to keep things in control in regards to community and individual needs. She feels her real estate experience relates to the Planning Commission in that you deal with easements and permits and she feels the two are very complimentary to each other. She believes that some people feel alienated by the City when they come before the Planning Commission and Council and she would like to see some type of rapport developed. Her experience in working with other committees includes being the chair of committees at work where they were changing processes and things of that nature. Her opinion on the downtown business district is that it needs help. If money or resources were not an issue, she would like to improve the business community and develop some type of recreation for the youth, such as developing a trail system or a skate board park. In 50 years she would like to see Mound more like excelsior with community docking, a restaurant and a movie theater, but still keep the small town atmosphere. Improvements she would like to see in the community is less exterior storage of boats, cars, etc. Obstacles that she see for the revitalization of downtown Mound is that the citizens do not patronize the businesses in Mound. She chose to apply for the Planning Commission versus another volunteer organization because she is in real estate and she is interested in learning about building restrictions, and the meeting times fit in well with her schedule. To help communication between the Planning Commission and the citizens she suggested the Planning Commission talk with neighbors of properties where a variance has been applied for. She feels the Planning Commission could do more to communicate with the citizens. She would not attend a public execution unless it was required. _VOTE ON PLANNING COMMISSION APPLICANT The ballots were tallied by the Secretary, the results are as follows: Lisa Ann Bird 1, 1, 2, 1, 2, 1, 1, 2 = 11 Lorraine Phernetton 2, 2, 1, 2, 1, 2, 2, 1 = 13 The applicant with the least amount of total points is the Commission's choice for recommendation, therefore, the Planning Commission recommends to the City Council that Lisa Ann Bird be appointed to the Commission to replace Bill Meyer, with a term ending 5'¢5"' January 5, 1994 RECEIVEO 7 Mr. Edward Shulde City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Schukle: I am responding to the request for applicants for the position of planning commissioner for the City of Mound. I have lived in the area for nearly four years and have been a resident of Mound since June of 1992. My fiance and I have decided to make our permanent residence here. I am interested in becoming involved in community planning and believe this seat as a planning commissioner would allow that opportunity. I will be a fh'st year law student in Fall 1994 and will have sufficient time to commit to this position as I will not be working until after graduation from law school. I have a significant amount of experience in areas of planning, budgeting and fiscal matters. My education prepared me well for this area of work, and my work experience has allowed me to utilize my degree and learn practical applications. As a resident of this community, I have become aware of the many issues facing Mound and the surrounding cities. I would like to become actively involved in helping Mound and its residents face its many challenges. Thank you for taking the time to review my application for city planning commissioner. I hope to hear from you soon. Respe.c. tfully yours, RECEIVED USA ANN BIRD 4665 Wilshire Boulevard · Mound. Minnesota 55364 (612) 472-3610 ST. CLOUD ~I'ATE UNIVEI:I~rY - St. Cloud, Minnesota B.S. Degree August 1991 Major [1} - International Business Business Application Emphasis: Finance Regional Emphasis: Western Europe and Canada Major (2) - Por~cel Science UNIVERSITY OF ALASKA ANCHORAGE - Anchorage, Alaska Major - International Business January 1987-August 1988 HIBBING H~H SCHOOL- Hibbing, Minnesota Graduated: May 1984 - Honor Student MOORE & HANSEN, Pi~r~ and Trademark ~eys, Minneapolis, Minnesota Legal Secretary April 1993-present · Support two attorneys and one patent agent · Perform various researching tasks under direction of attorneys · Prepare formal documents · Extensive filing of patent and trademark applications LAKE MINNETONKA CONSERVATION D~rR~rr, Wayzata, Minnesota Secretary/Bookkeeper November 1992-March 1993 · Support Director · Full charge of accounting for District · Accounts Payable and Receivable · Financial Reporting responsibilities SOFTWARE AG OF NORTH AMER~.~, Bloomington, Minnesota North Central Region Administrator January. 1991-November 1992 Professional Services Division · Production Manager on Requests of Proposal · Monthly Status Reporting on Region · Accounts Payable · Office Coordinator · International Communications · Fiscal and Budget Responsibilities for Region · Contract Administration SOVET RELA~0NS OFF~, University of Alaska Anchorage - Anchorage, Alaska Administrative Assistant to Director (temporary) June 1990-September 1990 · Protocol / International Communications · Office Coordinator / International and regional travel planning · International Agreements processing LISA ANN BIRD PAGE TWO HONORS Served as a coordinating volunteer for Northern Regions Conference (Office of International Trade, State of Alaska) AWARDS Outstanding Service Awards as University of Alaska Student Senator, University of Alaska-Freshman Advisor, and Delta Sigma Pi-Community Service Chairperson EXrRAr~RRICULAR ACTIVITIES CURRENTLY *Minnesota International Center member *VFW Post 5113 Women's Auxilary Unit member *Russian language classes through Community Education-Hopkins District *Notary Public class-to become Notary in January 1994 ST. CLOUD STATE UNIVERSITY *Student Senator representing College of Social Sciences *Senate Finance Committee member & Vice-Chairperson *Delta Sigma Pi-Professional Business Fraternity Chancellor Community Service Chairperson Alumni Chairperson Homecoming Queen Candidate UNIVERSITY OF ALASKA ANCHORAGE *Student Senator Pro-Tempore *Club Council President *Alaska World Affairs Council student member *International Business Club member *United Nations Assembly (mock assembly)-Republic of China Delegate *Canadian Studies Program student volunteer I am pursuing a degree in law and will begin law school in Fall 1994. I wish to become involved in community issues and city planning as I have made Mound my permanent home. References are available upon request. Lorraine F. Phernetton 1935 Shorewood Lane Mound, Minnesota 55364 RECEIVED OBJECTIVE EDUCATION To fill a position on the Mound city planning commission. Willowbrook High School 1964 West Palm Beach High School 1966 General Studies with accent on business Minneapolis Community College 36 credits covering, marketing,business. EMPLOYMENT 1993- PRESENT Burnet Realty Wayzata, Minnesota Sales Associate 1991-1993 Party Pro's Mound, Minnesota Owner/Operator 1980-1984 Graco, Inc. Minneapolis, Minnesota Machine Operator PERSONAL Single mother of four adult children. Home owner, and interested citizen. GENERAL INFORMATION I am very organized and throughout my employment history I have been an active participant on many committees. I have a strong interest in the position of planning commissioner and believe I could make a meaningful contribution as a member on the committee. CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472~600 FAX (612) 472-0620 DATE: TO: FROM: February 10, 1994 Park & Open Space Commission Meeting Park and Open Space Commission and Applicant Jon Sutherland, Building Off~i~31 ,.~o1~ ~, Jim Fackler, Parks Director ~ Tom McCaffrey, Dock Inspec~t'or~ SUBJECT: Update of Public Land Permits City staff is in the process of updating permits for encroachments on public lands as directed by the City Council. Special permits are required for private structures located on public lands as specified in City Code Section 320. Please find attached "Batch #2", this is a listing of dock sites that have private structures such as stairways, or some other type of encroachment, located on public lands. These encroachments have been inspected by the BUilding Official and Dock InspeCtor according to the prOcedure Manual. Minor maintenance of some stairs is needed. Stairway types vary, such as metal, wood, landscape timbers, or masonry products, and some types tend to cause minor erosion to the slope. Staff will work with the affected dock site holders to correct erosion and insure maintenance is completed, and stairs are reasonably safe. Staff recommends approval of Public Land Permits for "Batch//2", subject to the following conditions: 1. The permits will expire five (5) years from the date of City Council approval, unless otherwise noted in the "Comments" column on "Batch//2". The permits must be renewed with change in dock license holder. Repairs to stairways, and erosion control measures be made as required by the Building Official and Parks Director. Note: files and photographs are available at City Hall and will be on hand at the meeting. Please call Jon Sutherland or Jim Fackler if you have any questions. The abutting ownere and dock eite holdere have been notified. The Park and Open Space Commission recommendation will be heard by the City Council on February 22, 1 994. PROPOSED RESOLUTION #94- _ RESOLUTION TO APPROVE SPECIAL PERMITS TO ALLOW PRIVATE STRUCTURES ON PUBLIC LAND ACCORDING TO "BATCH #2" WHEREAS, The City of Mound is updating the permits for structures located on public lands, 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, the Park and Open Space Commission reviewed these permits and recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. To approve Public Land Permits for "Batch #2" as shown on the attached Exhibit A, subject to the following conditions: a. The permits will expire five (5) years from the date of City Council approval, unless otherwise noted in the "Comments" column on "Batch #2".  dock license holder. b. The permits must be renewed with c. Repairs to stairways, ion control measures be made as required by the Building Official and Parks I')irectdr. d. If compliance to these conditions has not been achieved within one year of the date of approval of the Permit, the applicant's dock license will not be issued until compliance has been achieved. February 22, 1994 Resolution #94- EXHIBIT A Batch #2 Public Land Permits DOCK ABUTTING ADDRESS PRIVATE ADDITIONAL SITE STRUCTURE ~ ~ · CONDiTiONS 02605 1580 HERON LANE STAIRWAY 02635 1580 HERON LANE STAIRWAY 02665 1580 HERON LANE STAIRWAY 02695 1601 PARADISE LANE STAIRWAY 02720 1601 PARADISE LANE STAIRWAY 02750 1601 PARADISE LANE STAIRWAY 02780 1601 PARADISE LANE STAIRWAY 02870 END OF THREE PTS. STAIRWAY BLVD. 02900 END OF THREE PTS, STAIRWAY BLVD. 02930 END OF THREE PTS. STAIRWAY BLVD. 10310 1779 WlLDHURST LANE BIRD HOUSE 3 YEAR NON-RENEWABLE PERMIT, 10520 1745 WlLDHURST LANE STAIRWAY 12490 1 733 GULL LANE RETAINING WALLS 12580 1 724 FINCH LANE STAIRWAY 13090 1729 DOVE LANE STAIRWAY, TIMBER 13300 1 737 CANARY LANE STAIRWAY 13390 1736 BLUEBIRD LANE STAIRWAY, AND THE GARDEN AREA IS NOT RETAINING WALL INCLUDED IN THIS APPROVAL. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION FEBRUARY 1994 pUBLIC LAND PERMIT~; ' BATCH #_2 Parks Director, Jim Fackler, reviewed the format developed by staff to present public land permits for updating. Fackler stressed that the Park Commission should be utilizing the flow chart when reviewing these items, especially the items noted by staff that need special consideration for something out of the norm. Fackler referred to "Batch #2" attached to the staff report which lists the dock sites that have private structures such as stairways, or some other type of encroachment, located on public lands. These encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual. Minor maintenance of some stairs is needed. Stairway types vary, such as metal, wood, landscape timbers, or masonry products, and some types tend to cause minor erosion to the slope. Staff will work with the affected dock site holders to correct erosion and insure maintenance is completed, and stairs are reasonably safe. Staff recommended approval of Public Land Permits for "Batch//2", subject to the following conditions: 1. The permits will expire five (5) years from the date of City Council approval, unless otherwise noted in the "Comments" column on "Batch//2". 2. The permits must be renewed with change in dock license holder. Park and Open Space Comm/ss/on M/nutes February 10, 1994 3. Repairs to stairways, and erosion control measures be made as required by the Building Official and Parks Director. DOCK SITE 02605 02635 02665 02695 02720 02750 02780 02870 02900 02930 10310 10520 12490 12550 12580 Batch #2 Public Land Permits Park and Open Space Commission 2/10/94 ABUTTING ADDRESS 1580 HERON LANE 1580 HERON LANE 1580 HERON LANE 1601 PARADISE LANE 1601 PARADISE LANE 1601 PARADISE LANE 1601 PARADISE LANE END OF THREE PTS. BLVD. END OF THREE PTS. BLVD. END OF THREE PTS. BLVD. 1779WILDHURST LANE 1745WILDHURST LANE 1733 GULL LANE 1729 GULL LANE 1724 FINCH LANE ENCROACHMENT STAIRWAY STAIRWAY STAIRWAY STAIRWAY STAIRWAY STAIRWAY STAIRWAY STAIRWAY STAIRWAY STAIRWAY BIRD HOUSE STAIRWAY COMMENTS *PENDING DISCUSSION RETAINING WALLS STAIRWAY STAIRWAY STAIRWAY UNSAFE. DOCK SPACE NOT USED AT THIS TIME. RECOMMEND STAFF WORK WITH ABUTTING OWNER AND REMOVE STAIRWAY. A DOCK PERMIT WILL NOT BE ISSUED FOR THIS SITE UNTIL RESOLVED. Park and Open Space Cornm/ss/on M/nute$ 2610 3090 1330O 13390 1728 FINCH LANE 1729 DOVE LANE 1737 CANARY LANE 1736 BLUEBIRD LANE =LAG POLE STAIRWAY,. TIMBER STAIRWAY STAIRWAY, RETAINING WALLS, AND GARDEN February 10, 1994 · PENDING DISCUSSION APPROVAL RECOMMENDED FOR STAIRWAY ONLY. RETAINING WALLS AND GARDEN AREA ARE NOT INCLUDED IN THIS RECOMMENDATION- ~ ~ ·PENDING DISCUSSION · These items need discussion. Plantings, flag poles, etc. can make a public area look private, we need to set guidelines. Please refer to the Flow Chart and Use Plan for discussion. Vice-chair Casey suggested that the Park Commission approve the permits for the stairways which do not require any discussion, as noted in the comment column of "Batch 2". Casey asked if anyone present had comments relating to any of the stairways being presented for approval. Brian Stevenson of 1580 Heron Lane stated that he does not feel the stairway for Dock Site 02665 is safe. Fackler explained that condition//3 within the staff report states that staff will work with the dock site holders to ensure that the stairways are maintained in a safe condition. Ahrens stated that she would like to know which stairways do not require any repairs. It was also suggested that it be noted if the dock site is used by the abutting property owner or by a nonabutter. MOTION made by Goode, seconded by Meyer, to recommend approval of the permits for the following dock sites, as recommended by staff. DOCK ABUTTING ADDRESS ENCROACHMENT SITE 02605 1580 HERON LANE fAIRWAY 02635 1580 HERON LANE ~IRWAY 02665 i80 HERON LANE STAIRWAY 02695 1601 PARADISE LANE STAIRWAY 02720 1601 PARADISE LANE STAIRWAY 1601 PARADISE LANE STAIRWAY 02780 1601 PARADISE LANE ~.IRWAY COMMENTS 3 Park and Open Space Comm/ss/on M/nutes February 10, 1994 02870 END OF THREE PTS. STAIRWAY BLVD. 02900 END OF THREE PTS. STAIRWAY BLVD. 02930 END OF THREE PTS. STAIRWAY BLVD. 10520 1745 WILDHURST STAIRWAY LANE 12580 1724 FINCH LANE STAIRWAY 13090 1729 DOVE LANE STAIRWAY, TIMBER 13300 1737 CANARY LANE STAIRWAY Motion carded unanimously. Ahrens suggested that in the future the Commission look carefully at stairway locations, as there may be alternatives for accessing the dock sites. It was requested that the type of commons also be included on the "Batch" form. Dock Site #10310, 1779 Wildhurst Lane, Bird House The subject bird house is a martin house on a metal pole. The following points were raised: The bird feeder does not interfere with the use of the common. - ....... This area of common is accessible and traversable. There is room on private property for the bird feeder. It was questioned if there are martins in the house, because if the house is not maintained sparrows could move in. The City is thinking about putting bluebird houses on the commons. Should bird feeders be allowed at every dock site? Intent is not to have the commons appear private. Is there a negative impact? MOTION made by Goode to recommend that the bird house be moved onto private property before issuing a dock license for this site. Motion seconded by Casey. Ahrens noted that recently a permit was approved to allow a shed to remain for three years and at that time the permit would not be renewable, and she feels the bird house should also be able to remain for at least three years if a shed may remain. MOTION withdrawn by Goode. Park and Opel1 Space Corem~ss~on Minutes February I0, 1994 MOTION made by Goode, seconded by Casey, to recommend approval of e there year non-renewable permit for the bird house located on Wiota Common abutting 1779 Wildhurst Lane, Dock Site #10520. Motion carried 6 to 1. Those in favor were Goode, Casey, Dading, BYrnes, Meyer, and Geffre. Ahrens opposed. The Commission confirmed with staff that a letter will be mailed to the owner of 1779 Wildhurst Lane explaining the action taken. Do k ite#1249 17 IILane Re inin W II . The retaining walls on Wiota Common abutting 1733 Gull Lane, Dock Site #12490 were discussed. It was noted that the walls were privately constructed and they are in good condition. MOTION made by Byrnes, seconded by Goode to recommend approval of a 5 year permit for the retaining walls as recommended by staff. Motion carried unanimously. DQck Site #12550, 1729 Gull Lane, Stairway. Fackler explained that this stairway consists of cement blocks imbedded into the hill. This dock site is not utilized by the abutting owner or any other individual. Fackler noted that there is not much need for a stairway in this area as there is a stairway at the end of gull, and then the bottom of the hill is traversable to this dock site. Fackler also noted that the slope is not so steep that it would not be difficult to repair the grade. MOTION made by Ahrens, seconded by Byrnes to table this request until staff can discuss removal of the stairway with the abutting owner. Motion carried 6 to 1. Those in favor were: Ahrens, Byrnes, Goode, Casey, Geffre, and Meyer. Darling opposed. D(~Ck Site 12610, 1728 Finch Lane. Flaq Pol~ Fackler announced that this flagpole has been removed from the common. Dock Si #1 390 17 BI ebir L ne Sairw R tainin W II ndG r n. The need for this retaining wall was discussed. The abutting owner, Scott Schmieg, stated that the previous owners of the house told him that the City installed the wall. Fackler stated that he is not familiar with the site. MOTION made by Darling, seconded by Meyer to table this request pending a staff report on the need for the retaining wall. Motion failed 5 to 2. Those in favor were Darling and Meyer. Those opposed were Byrnes, Ahrens, Casey, Goode, and Geffre. Mr. Schmieg stated that it is his opinion the retaining wall is needed to help prevent erosion; the size of the wall is apProximately 2' high by 12' long and is constructed of log timbers. Park and Open Space Comrn/ssion Minutes February 10, t 994 The Parks Director retrieved a photograph of the property from his office and the Commission and staff reviewed the photo. Jim questioned Shoreland Management requirements relating to retaining walls constructed within a bluff impact zone. Mr. Schmieg stated that the wall is not for a garden or a planter, but last year he planted some marigolds on the inside of the wall. If he had his preference, he would rather have the wall remain as is. MOTION made by Darling, seconded by Casey to recommend approval of the stairway and ask that the retaining wall be removed, and that the retaining wall at 1733 Gull Lane be reassessed. Casey questioned staff if the hillside could be restored if the retaining wall is removed. The Parks Director believes the area could be restored, but questioned who should be responsible for removal. Scott Schmieg stated that he believes there is a lot of run-off from the street and that is why the wall was put up. Motion failed 3 to 4. Those in favor were: Darling, Casey and Meyer. Those opposed were: Byrnes, Ahrens, Goode, and Geffre. MOTION made by Ahrens, seconded by Byrnes to recommend approval of a five year permit for the retaining wall. Motion carried 4 to 3. Those in favor were: Byrnes, Ahrens, Goode, and Geffre. Those opposed were: Darling, Casey and Meyer. It was noted that the garden was not included in the approval of the retaining wall. The Parks Director explained to the Commission that parameters should be set for allowing plantings on the commons. Ahrens commented that she does not see marigolds as a negative impact to this commons. MOTION made by Byrnes, seconded by Ahrens to allow marigolds to be planted by the retaining wall on Wiota Commons abutting 1736 Bluebird Lane. The Commission discussed guidelines for plantings on the commons. Motion withdrawn by Byrnes and Ahrens. MOTION made by Ahrens, seconded by Casey to have the Park and Open Space Commission to develop a policy for allowing plantings and gardens on the commons. Motion carried unanimously. It was suggested that the Commission meet at 6:00 p.m. on Thursday, March 10, 1994, just prior to the regularly scheduled meeting, to discuss this issue. MOTION made by Ahrens, seconded by Casey to table the request for a permit to allow a garden on Wiota Commons abutting 1736 Bluebird Lane until a policy for plantings on the commons is established. Motion carried unanimously. Andrea Ahrens was excused from the meeting. &oil' 6 CITY OF MOUND STAFF REPORT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: February 10, 1994 Park & Open Space Commission Meeting TO: FROM: Park and Open Space Commission and Applicant Jon Sutherland, Building Offals3! Jim Fackler, Parks Director Tom McCaffrey, Dock Inspeczor- SUBJECT: Update of Public Land Permits City staff is in the process of updating permits for encroachments on public lands as directed by ~e City Council. Special permits are required for private structures located on public lands as pecified in City Code Section 320. Please find attached "Batch #2", this is a listing of dock sites that have private structures such as stairways, or some other type of encroachment, located on public lands. These encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual. Minor maintenance of some stairs is needed. Stairway types vary, such as metal, wood, landscape timbers, or masonry products, and some types tend to cause minor erosion to the slope. Staff will work with the affected dock site holders to correct erosion and insure maintenance is completed, and stairs are reasonably safe. Staff recommends approval of Public Land Permits for "Batch #2", subject to the following conditions: 1. The permits will expire five (5) years from the date of City Council approval, unless otherwise noted in the "Comments" column on "Batch #2". 2. The permits must be renewed with change in dock license holder. 3. Repairs to stairways, and erosion control measures be made as required by the Building Official and Parks Director. Note: files and photographs are available at City Hall and will be on hand at the meeting. Please call Jon Jtherland or Jim Fackler if you have any questions. abutting owners and dock site holders have been notified. The Park and Open Space Commission recommendation will be heard by the City Council on February 22, 1994. pr~nted on recycled paper Batch #2 Public Land Permits Park and Open Space Commission 2/10/94 DOCK ABU'i I lNG ADDRESS ENCROACHMENT COMMENTS SITE 02605 1580 HERON LANE STAIRWAY 02635 1580 HERON LANE STAIRWAY 02665 1580 HERON LANE STAIRWAY 02695 1601 PARADISE LANE STAIRWAY 02720 1601 PARADISE LANE STAIRWAY 02750 1601 PARADISE LANE STAIRWAY 02780 1601 PARADISE LANE STAIRWAY 02870 END OF THREE PTS. BLVD. STAIRWAY 02900 END OF THREE PTS. BLVD. STAIRWAY 02930 END OF THREE PTS. BLVD. STAIRWAY 10310 1779 WILDHURST LANE BIRD HOUSE *PENDING DISCUSSION 10520 1745 WILDHURST LANE STAIRWAY 12490 1733 GULL LANE RETAINING WALLS 12550 1729 GULL LANE STAIRWAY STAIRWAY UNSAFE. DOCK SPACE NOT USED AT THIS TIME. RECOMMEND STAFF WORK WITH ABUTTING OWNER AND REMOVE STAIRWAY. A DOCK PERMIT WILL NOT BE ISSUED FOR THIS SITE UNTIL RESOLVED. 12580 1724 FINCH LANE STAIRWAY 12610 1728 FINCH LANE FLAG POLE *PENDING DISCUSSION 13090 1729 DOVE LANE STAIRWAY, TIMBER 13300 1 737 CANARY LANE STAIRWAY 13390 1 736 BLUEBIRD LANE STAIRWAY, APPROVAL RECOMMENDED FOR RETAINING WALLS, STAIRWAY ONLY. RETAINING AND GARDEN WALLS AND GARDEN AREA ARE NOT INCLUDED IN THIS RECOMMENDATION. *PENDING DISCUSSION · These items need discussion. Plantings, flag poles, etc. can make a public area look private, we need tu set guidelines. Please refer to the Flow Chart and Use Plan for discussion. 0 f 0 0 02665 BRIAN STEVENSON 1580 HERON LANE MOUND, MN 55364 02605 BOB COMMERFORD 1600 HERON LANE MOUND, MN 55364 02635 WILLIAM CARROW 4929 GLEN ELYN ROAD MOUND, MN 55364 JOSEPH SELTZ 1601 PARADISE LANE MOUND, MN 55364 026~5/ GEOR~ELTZ 4965/4~R~ISE LANE MOUND, M~ 55364 02720 BRIAN JOHNSON 4945 GLEN ELYN ROAD MOUND, MN 55364 02750 EUGENIA PETERSON 1642 HERON LANE MOUND, MN 55364 02780 ERNIE STRONG 4934 CRESTVIEW ROAD MOUND, MN 55364 02870 GERALD TASA 4924 THREE POINTS BLVD. MOUND, MN 55364 02900 DAN ANDERSON 4969 THREE POINTS BLVD. MOUND, MN 55364 02930 JOEL LASKEY 1749 SUMACH LANE MOUND, MN 55364 10310 RON VOGEL 1779 WILDHURST LANE MOUND, MN -55364 10520 PAT O'FLANAGAN 1745 WILDHURST LANE MOUND, MN 55364 12490 MITCH LAPOINTE 1733 ~ULL LANE MOUND, MN 55364 12580 MICHAEL GARDNER 1724 FINCH LANE MOUND, MN 55364 12610 JEFF JESBERG 1728 FINCH LANE MOUND, MN 55364 13090 DR. JOHN WOOD 1729 DOVE LANE MOUND, MN 55364 13300 JANUSZ ZORAWSKI 1737 CANARY LANE MOUND, MN 55364 13390 SCOTT SCHMIEG 1736 BLUEBIRD LANE MOUND, MN 55364 12550 ROSE BIALON 1729 GULL LANE MOUND, MN 55364 February 22, 1994 RESOLUTION APPROVING AN AGREEMENT FOR THE INSTALLATION OF A FISHING PIER AT CENTERVIEW BEACH & AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF MINNESOTA BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, that the Mayor and City Manager are authorized to execute the attached Agreement (EXHIBIT A) with the State of Minnesota, for the installation of a fishing pier at Centerview Beach. A, THOMAS WURST, P.A. CURTIS A. PEARSON, P,A. dAMES D. L~RSON, P.A. THOMAS F, UNDERWOOD, P.A, CRAIG M. ~ERTZ ROGER ,J. FELLOWS LAW OFFICES WURST, PEARSON, LARSON, UNDERWOOD & I'~ERTZ ONE FINANCIAL PLAZA, SUITE I100 120 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 5540=~-iao3 February 14, 1994 RECEIVED Mr. Ed Shukle City Manager City of Mound 5341 Maywood Road Mound MN 55364 Dear Ed: I have reviewed the State contract and do not have any suggested changes. The City has more responsibilities than you indicated, i.e., Concrete work; Hard surfaced walk; City to operate and maintain, pay for routine main- tenance; City to get license or permit to operate; City to take out or protect from ice damage; 20 year contract. Based on this understanding, the City Council should authorize the Mayor and City Manager to execute the contract. Very truly yours, CAP: ih Curtis A. Pearson City Attorney PHONE NO. ~ STATE OF EPARTMENT OF NATURAL RESOURCES REGI0ti ¥I TRAILS & WATERWAYS. 1200 UARtlER ROAD. ST. PAUl., MN 551~OLE6HO (612) 772-7935 February 4, 1994 Mr. Jim Fackler Parks Director, City of Mound 5341Maywood Road Mound. MN 55364 Dear Mr. Fackler: Please find enclosed a draft co~i~f the Fishing Pier agreement for Lake Minnetonka. Harrison's Bay. · agreement is our standard one used throughout the State. I would appreciate it if you could have the proper people ~j~in your organization review it for any questions, or concerns they may . If it looks alright please let me know and I will send out the necessary copies for signatures. When the time comes we will need the signatures of one administrative official and one elected official. Should you have any questions please feel free to contact me. I will be waiting to hear from you. Sincerely, Martha J. Reger Area Trails and Waterways Supervisor Region 6 Trails and Waterways enclosure AN EQUAL OPPORTUNITY EMPLOYER AGREEMENT This Agreement, between the Slate of Minnesota, actln~ by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "Statet, and City of Mound, hereinafter referred to as the "local unit of governmentt. WITNF_~SETH: WHEREAS, the Commis~ioner of Natural Resources has the authority, duty, and responsibility under Minnesota Statutes Section 97A.141 (1992) to provide the public with free state water access sites on lakes and rivers where access is inadequate; and WHEREAS, additionally, the Commissioner of Natural Resources has the authority, duty and responsibility under Minnesota Statutes Section 97A.065, Subdivision 3 (1992) to provide the public with fishing piers; and WHEREAS, the Slate and the local unit of government are authorized under Minnesota Statutes Section 471.59 (1992) to enter into agreements to jointly or cooperatively exercise common powers; and WHEREAS, the local unit of government and the Slate have determined that a fishing pier site on Lake Minnetonka, Harrisons Bay, hereinafter referred to as the "Fishing Pier" is of high priority under the state public water access program; and WHEREAS, plans for the Fishing Pier have been developed and approved by the Slate and are attached hereto as Exhibit "A" and shaH be referred to as the "Plan"; and WHEREAS, a Fishing Pier site location on Lake Minnetonka, Harrlsons Bay has been selected by the Slate and local unit of government as shown on the map attached hereto as "Exhibit B" and is legally described as follows: "See Attached" WHEREAS, the State and local unit of government desire to cooperate in the Installation and maintenance of the Fishing Pier on Lake Minnelonka, Harrisons Ba~'. NOW, THEREFORE, In consideration of the mutual benefits to be derived by the public bodies hereto and for the benefit of the general public, the parties agree as follows: I. H INSTALLATION Installation of the Fishing Pier structure itself shah be the responsibility of the State, however, the local unit of government shah provide personnel, and equipment when feasible, to assist with the installation. The local unit of government will construct and pay for a concrete footing and approach at the shoreline connecting the gangway to the shore. The local unit of government will also construct and pay for a hard surfaced, accessible sidewalk/path connecting the Fishing Pier to an accessible parking space. The local unit of government agrees to complete their portion of the project within one year of the effective date of this Agreement. OPERATION OF THE FISHING PIER The local unit of government shah operate the Fishing Pier in the foHowlng manner: A. The local unit of government shall comply will all local, state and federal laws, regulations, rules and or&inances which may apply to the management, operation and maintenance of said premises. B. The Fishing Pier may only be used for fishing, observation and Ce other compatible uses. The F'tshing Pier and related facilities shah be free and remain open every day during open water season for at least sixteen (16) hours per day between the hours of 6:00 a.m. and midnight, or in conjunction with existing and established local unit of government hours of use for its park facilities. The Fishing Pier may be closed by the local unit of government in emergency situations, or with the prior written consent of the State. The State shah be notified within three (3) days if the Fishing Pier is dosed for emergency Ge K® Free and adequate parking In the vicinity will be provided for the Fishing Pier Including at least one designated accessible parking space for persons with disabilities. The State reserves the right to inspect the premises at all times to insure that the local unit of government is in compliance with the terms of this Agreement. The local unit of government shah provide police protection in accordance with the local unit of governments customary practices In providing for the local unit of government's public park areas. The State shah post a sign informing the public that the Fishing Pier is cooperatlvely provided by the local unit of government and the Minnesota Department of Natural Resources The State shall retain ownership of the Fishing Pier and retains the authority to relocate and/or remove the F'tshing Pier if the site (Exhibit B) is determined to be Inadequate of if the local unit of government fails to comply with the terms of this Agreement. Before such removal or relocation, the State shah consult with the local unit of government.. The local unit of government shah make a good faith effort to keep the Fishing Pier in clean and sightly order in accordance with the local unit of government's customary practices for the maintenance of public park areas. Additionally, the local unit of government shall provide aH necessary routine maintenance and minor repairs, Including but not limited to the repair, or replacement of decking and railing. The State shah assist the local unit of government with major structural repairs subject to the availability of funding according to the provisions of Paragraph Ill below. The local unit of government shah provide any permit or license to the State which it might require for the Fishing Pier. The local unit of government shah take any necessary action no earlier than October 15th to protect the Fishing Pier from damage caused by ice action. Additionally, if necessary, the local unit of government shah return the F'tshlng Pier to its original location, Exhibit "Bt,. no later than May 1st. tn. NDING The State shall provide the Fishing Pier structure in accordance with the Plan. The cost of the Fishing Pier structure shah be borne by the State, except for any amount committed as a local match for the pier. The obligation of the State for the cost of repairs and structural improvements beyond the initial construction cost is limited to the amount of funds legislatively appropriated and administratively allocated to this project. IV. LIABILITY Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law, and shah not be responsible for the acts of the other party and the results thereof. The State's liability shah be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. (1992), and other applicable law. The local unit of government's liability shah be governed by Minnesota Statutes Sections 466.01-466.15, and other applicable law. ¥. TERM This Agreement shah be effective on the date that it is encumbered by the Minnesota Commissioner of Finance and shah remain in effect for twenty (20) years except as otherwise provided herein or agreed to in writing by t the parties. The term of this Agreement may be extended as appropriate and agreed to in writing by both parties. VI. AUDIT The books, records, documents, and accounting procedures and practices of the local unit of government relevant to this agreement are subject to ex_~mlnatlon by the Commissioner of Natural Resources and the State Auditor. IN WITNESS WHEREOF, the parties have caused the Agreement to be duly executed Intending to be bound thereby. DEPARTMENT OF NATURAL RESOURCES CITY OF MOUND By: By:. Title: Title: Date: Date: APPROVED AS TO FORM AND EXEC-NJTION HUBERT H. HUMPHREY, IH, Attorney General By: Title:. Ass~an~ Attorney General Date: CITY OF MOUND By:, Title: Date: COMMISSIONER OF ADMINISTRATION By:, Title: Date: DEPARTMENT OF FINANCE By:, Title: Date: ~ON~/ru~/~. z ~ &__ vvooo o£cx. ~o. z 52: p.¢.l. ~ou4~vxzz~. oocx ~r~uc'u~m. ~o~,~ a ~cc~.~o~£~ ~£ ~o~- NATURAL RESOURCES ~.~ MINNESOTA I~'EPARTMENT OF" NATI~RAL RES --.i'_ . I . i ' ' ~:,nv~.T'r..~::~ ~-'~;~'~ ~/~ I ~ ~/~ -~, ~, ~- ' "'"' ~'~~1 ~~~'"~ ..,... ~,..,.., . l_ _~ I , I ......... ,~,-.>:x,',, , ~ ~'~ -,-. I'.- !· ".1' ~":' ~ "-~"'"'*"' I ! ! ,, , I 4, NJ & , Il, I MINNESOTA DEPARTMENT OF NATURAL RESOURCES ~.UIREAU OF ENGINEERII ~ +/~' I~ed ... file · ....'¥.;l.-,,,r. -: .' d,sfm'~-( ,J ¥1 ¥1 ¥1 CITY of MOUND 5341 MAYWO~D ROAD MOUND. MINNESC-:, 553E-'-' 687 ,612 472-~. 5,:~0 FAX 16!2, a-£ 062C 1993 ANNUAL LIQUOR OPERATIONS REPORT ** by Joel Krumm 1993 is over and did it ever seem to go by fast. Besides the normal turn over rate in my part time employees, matters remained the same. There were only three changes of significance as far as the appearance of the store was concerned. First of all, I vastly improved the quality and selection in our wine department. When doing so I also did a major reset in this area, redefining categories making it easy and clear for the customer to shop. Secondly, in March I installed new counter tops, replacing the old worn out ones. To protect them from abuse and weathering, we placed plexiglass covers over them. And last, in April we had new carpeting installed. This replaced the old carpeting which had lasted for 16 years. A project that was long overdue. Total sales for all departments (beer, liquor, wine, mix and misc., and discounts) for 1993 were $1,317,201. Total sales for 1992 were $1,193,308. An increase of slightly over 10%! Beer was up 11.25%, liquor 9.25%, wine 10%, mix and misc. 9.50%, and the discounts we offer our customers on large purchases of liquor and on sales of wine on Mondays was up 20%. Total customers for the year totalled 110,745. Customer count for 1992 was 105,131. An increase of 5,614. Average sale per customer in 1993 was $11.89. In 1992, the average sale per customer was $11.35. The average sale was up 4.50%, roughly, the amount the cost of goods exceeded the cost of goods for 1992. Thus, the average sale per customer rising accounted for $56,770 more in sales while the expanded customer base accounted for $67,123 more in sales. Our total square footage for the liquor store is 2,855. If you take the total square footage and divide it by the total sales, you will arrive at $461 per square foot. However, the configuration of the store allows us approximately only 1600 square feet, includes beer cooler, for merchandising. Take 1600 square feet and divide by the total sales, The dollar amount per square foot rises to $823. I expect that 1994 will be a calmer year, unless, that is, we get a hot summer which we did not have in 1993. My conservative prediction for sales this year is around $1,350,000 to $1,360,000. JK:ls printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 18, 1994 Honorable Mayor, City Council and City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: 1993 ANNUAL REPORT PLANNING AND INSPECTIONS DEPARTMENT Dear Mayor, Council and City Manager: It is with great pleasure I present to you this Annual Report of the Planning & Inspections Department. It is our hope that this report will supply City Management with enough data to study and then decide and direct this department in its course of action in the coming years. We welcome any comments, suggestions or questions you may have. Rospoot~Ily,~~~ Oo~Sut~teriand ' Building Official JS:pj ! printed on recycled paper PLANNtNG AND %NSPEC'i'tONS DEPARTMENT 1993 ANNUAL REPORT CONTENTS Paqe 1 ABOUT THE DEPARTMENT ........................................ 2 CONSTRUCTION ACTIVITY ........................................ 2-4 PLANNING & ZONING ........................................... 5-6 REVENUE/EXPENDITURES ........................................ 6 COMPLAINTS ................................................. 6-7 EDUCATION AND TRAINING ..................................... 7 SUMMARY ................................................... BREAKDOWN OF CONSTRUCTION ACTIVITY ....................... TOTAL YEARLY VALUES OF NEW CONSTRUCTION .................. NEW HOUSING UNITS (1974- 1992) ............................ BUILDING ACTIVITY REPORT, DECEMBER 1993 ..................... PLANNING & ZONING CASES ................................. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E 1993 Annual Report Planning & Inspections Department ABOUT THE DEPARTMENT. Our purpose is to assist the general public, administrate and enforce the provisions of the Mound City Code, Zoning Ordinance, State Building Code, and related state statutes and regulations. It's our duty is to serve the public by careful application and enforcement of the regulations adopted by the City, guided by the city council and directed by the City Manager. ~ The Department has two full time employees, myself and Peggy James, who also works with the Parks Department. June Hyland and Rick Maki of the Police Department also work part time as our Community Service Officers (CSO's). ~ We work closely and are very interdependent with all other departments in the City and we appriciate all their help in getting our job done with a team effort to serve the public. In. addition to full time staff, the following personnel assist us: City Planner City Engineer Mark Koegler, Hoisington Koegler Group, Inc. John Cameron, McCombs Frank Roos & Assoc. Building Inspections Plumbing Inspector Loren Kohnen, Metro West Inspection Services John Breitner Jerry Kurth Electrical Inspector Support Staff Al Tollakson, State Board of Electricity June Hyland, CSO Rick Maki, CSO Police Department* (complaints, derelict auto- mobiles, and ordinance violations) 1993 Annual Report Planning & Inspections Department Fire Department. Fire Chief Fire Marshal Asst. Fire Marshal Secretary Steve Erickson Mike Palm Jerry Babb Judy Bryce CONSTRUCTION ACTIVITY:_ Construction activity is measured by commercial/residential total permit value. 441 permits were issued this year with a total value of $4,220,227. This is very close to the 1992 figure. Permit activity is detailed in the following breakdown. Note Exhibits A, B, and C. The bulk of permit activity this year has been 19 new single family dwellings and the average value is slightly up from 1992. Commercial work was again slow this year, down about 2% from 1992 and this continues a downward trend in activity since 1989. The future looks bright with all the work being proposed by the School District. We are anxious to see more extensive commercial redevelopment. It also looks promising for new residential development in Teale & Pelican Point areas. For a breakdown of construction activity, see Exhibit A. PLANNING & ZONING:_ There were 58 total Planning and Zoning requests resulting in a 22 percent decrease from 1992. 45 of the 59 cases were variance requests with 39 variances being approved. Our one PDA, Teal Pointe, with nine proposed lots in the Whipple Addition is still ongoing. We hope to see final approval with construction to start this Spring. The balance of the Planning and Zoning actions consisted of 6 minor subdivisions, 4 major subdivisions, and a request for a vacation. 1993 Annual Report Planning & Inspections Department PLANNING COMMISSION BOARD OF APPEALS Case Statistics CONDITIONAL USE PERMITS 2 2 SUBDIVISIONS, MAJOR 4 4 . SUBDIVISIONS, MINOR 6 6 VACATIONS 1 1 VARIANCES 39 3 3 45 TOTAL 5 ! 3 4 58 CONDITIONAL USE PERMITS 5 SUBDIVISIONS, MAJOR 3 3 SUBDIVISIONS, MINOR 4 I 5 VACATIONS 3 1 4 VARIANCES 51 3 3 57 TOTAL 66 5 3 0 74 ·....., .... ,......:: ............ :.:.:.:.: ....... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: . ,,, ,.,........,.,,......,.,................. , .,.,., ,...,,............... .................................~.....:.;.;.;.:.:.:.: CONDITIONAL USE PERMITS 6 6 SUBDIVISIONS, MINOR 4 5 ZONING AMENDMENTS 1 1 VACATIONS 1 1 HOUSE MOVINGS 1 1 VARIANCES 42 2 1 44 TOTAL 54 3 0 1 58 - CONDITIONAL USE PERMITS 4 4 SUBDIVISIONS, MAJOR I 1 SUBDIVISIONS, MINOR 4 4 VACATIONS 0 ZONING AMENDMENTS 2 2 RESOLUTION AMENDMENTS 2 1 3 VARIANCES 22 5 2 0 29 1993 Annual Report Planning & Inspections Department CONDITIONAL USE PERMITS 6 ~ --------- ~ 3 SUBDIVISIONS, MAJOR 3 8 SUBDIVISIONS, MINOR 6 1 1 VACATIONS 1 ___.-------- ZONING AMENDMENTS 1 I 2 2 HOUSE MOVINGS 2 ______._ ~ ------------ - VARIANCES 19 ~ ~ ~ 38 7 I 3 49 CONDITIONAL USE PERMITS 5 __._.-------- SUBDIVISIONS, MAJOR -------------- 7 5 VACATIONS 5 3 ZONING AMENDMENTS 3 1 I 1 GRADING 1 VARIANCES 14 3 1 18 35 4 0 I 40 TOTAL The City Council's actions were in agreement with the Planning Commission's recommendations, with some amendments at the council level, as follows: 1993 = 96.5% 1992 = 96% 1991 = 98% 1990 = 100% 1989 = 92% 1988 = 95% New Planning Issues in 1993. Floodplain Regulations were adopted February 6, 1993. Assembled in response to federally mandated legislation, reviewed and approved by the Department of Natural Resources. This ordinance maintains the City's eligibility in the National Flood Insurance Program. Staff processes about 130 floodplain evaluations each year when properties are 4 1993 Annual Report Planning & Inspections Department either sold or refinanced. Shoreland Manaqement Ordinancn adopted March 15, 1993. It's biggest impact has been hardcover at a maximum of 30%, but suprisingly variance requests are down? The long term impact is yet to be seen. Rental Housin.q Ordinance (RHO| was adopted August 23, 1993. After much ado, the RHO was adopted. It has not been a great disturbance. Implementation was a relative ease. The additional inspections due to complaints have been assimilated into the work load of existing staff. Rental owners that I have met and worked with generally agree, there is nothing in our ordinance that is beyond the conditions that they want to keep their property in. Zoning Ordinance Modifications were adopted March 15, 1993. Comprehensive changes were made. Amendments included, housekeeping changes, accessory building regulations, acceptable building materials, setbacks and other issues. Cominq in 1994: Truth in Housing. Exterior completion regulations for residential properties. Posssible DNR relaxment of the 30% hardcover rule of up to 50% for existing lots with conditions. The MCWD (Minnehaha Creek Watershed District) is considering the formation of a technical review committee to look at relinquishing shoreland alteration permit responsibilities to cities that have equal regulations and a permit process. REVENUE & EXPENDITURES? Below is a summary of budget and revenue for construction activity: 1991 1991 1992 1992 1993 1993 1994 BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL PROPOSED REVENUE 65,700 68,041 65,100 82,314 73,050 75,491 74,448 EXPENDITURES 123,230 124,778 127,000 153,683 138,440 131,514 157,850 5 1993 Annual Report Planning & Inspections Department COMPLAINTS: Following is a brief recap on the number of complaints received resulting in violations of the zoning ordinance, garbage collection practices, and nuisance ordinance: 1989 ........ 108 1990 ........ 101 1991 ........ 80 1992 ........ 77 1993 ........ 164 More statistics for complaints, derelict vehicles, warning tags and tows are located within the Police Report. Not included in these figures are complaints related to violations of the sign ordinance, building code, or issues addressed independently by staff or miscellaneous complaints handled by the Police Department. Our response in the area of handling complaints has improved. This is mainly due to the additional part-time CSO. We feel we have accomplished the Department's goals for 1993 and will continue with the same goals in 1994. I anticipate improved performance of our CSO's as a result of experience, cooperation and teamwork. Goals for 1994: o Revise and continue to develop procedures for effective nuisance abatement consistent with community spirit. o Improve record keeping and tracking of complaints and problem areas to provide for improved compliance. o Improve public awareness of zoning codes and ordinances. Improve staff's response to complaints. EDUCATION AND TRAINING: Every municipality within the State of Minnesota over a certain pOpulation is required by state statutes to adopt the State Building Code in it entirety and appoint a qualified Building Official who is tested and certified by the Department of Administration Building Codes and Standards Division. 6 1993 Annual Report Planning & Inspections Department Each Building Official must satisfactorily complete applicable educational programs established or approved by the Commissioner of the Department of Labor and Industry. Continuing Education is imperative to maintain certification and to stay abreast of the every changing codes and new methods of construction. Some of my educational opportunities in 1993 were: o ICBO Annual Building Officials Code Change Meeting September through September. 36th Annual Institute for Building Officials, University of Minnesota Earl Brown Institute North Star/ICB0 Chapter regular meetings. I continued work on my associates degree in Building Inspection Technology at North Hennepin Community College in the evening, with a Fire Supression System course. SUMMARY: Much has happened in the last year, yet it is gone already. Our department is a year older, we have successfully negotiated through this past year and We are more mature and skilled to deal with the challenges ahead. We will endeavor to continue to improve our efficiency and service to the public. I am delighted to be surrounded by such excellent people within this and other departments of the City. We look forward to another exciting and challenging year. 1993 Annual Report Exhibit A Planning & Inspections Department 1993 Annual Report Planning & Inspections Department Exhibit B TOTAL YEARLY VALUES OF NEW CONSTRUCTION 4 2- 0 9'5 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 YEAR & YEARLY VALUE IN THOUSANDS $ 1993 ,,lnnual Report Planning & Inspections Department Exhibit C NEW HOUSING UNITS Z :::) 120 lO0 4O 2O 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 YEAR 1993 Annual Report Planning & Inspections Department Exhibit .D BUILDING ACTIVITY REPORT Month: OECE~SER Year: 1993 THZ8 YEAR TO DATE  I I~]UvIIT$ I UHIT$ VALUATION I UNIT~ VALUATION C'tIO# siNot~ F,U~.¥ z:)erncx~o 3 3 333 t 716 19 1 ~986 ~680 SINGLE FAMILY ATTACHED TWO FAMILY t DUllLEX Lfl~LTU~Z FAJ~ILY ~J ol MO~ unrra) TItANSIZ~.NT HSO. {HOTEL~ I IdOl'EL~ SUe'tO'gM, 3 3 333,716 19 I t9861680 g]l I PERMrI~ VALUATION I I~J~IT~ VALUATION C'O~D41~CIAL 0~TAIL~ES'tAUP. A]V~ OF'I~ I PROI~SSIONAL I~DUSTRL~. D TERATZONI t PI~.MFF$ VALUATK)N t PLqMITS VALUATION ADDIT)ON$ TO PRO¢CI~AL IUILDINO DETACHED ACCESSORY BUILDOHG$ 21 207,039 DEC~ 42 120,403 SW~O~rNo ~OtJ 3 20,889 ML~=~.t. AN EOU S ~U~OD~. 8 33,0?0 189 808,810 Stm~O'tM, 9 39,070 292 .I 1,918,586 ~TXONI I PFJUdrI~ VALUATION ~ I~]LMrI~ VALUATION coa~lmcb~L / p_rrAa. 11 51, ?~$ omc'E / eaOFESS~ONAL I 7.5,000 INDUSTRIAL 5 130,766 PUBUC; scxoot~ I .57 ,~50 DETACHED ACCFq~OR¥ BUILD[NOS StmTO~At, 18 31&,961 DEMOI. ITIONI t PERMITS ~ UNITS VALUATION # PERMITS VALUATION RESIDF.~ITIAL DWELU~O$ DETACHED ACCESSORY BUILDINGS 2 NON-~.S IDENTIAL BUILDINO$ TOTAI~ DE34OLI TIONI 7 CONnJ~RI lONl[¢P, AgOg OF USg I PE~.Mrr~ I uNrl~ VALUATION I PEILMIT~ VALUATION FIOM/I'O: TOTJt~ CONV~R~ ZON~ I I'ER.MIT~ I UNIT~ YALUATION ~ VALUATION TOTAL ~ 3 372,786 , 19 4,220.22~ 336 *IuiL~INo 12 336 Prd~c~ & p. LrrAmmO wALM 0 39 Mr=c~A~CAL ~, 76 GRADING 0 9 saw. s"r~£ET gxq.~v., Fm~, gtC. 7 &0 ~M,! 31 633 1993 Annual Report 70 60 50 ~40- 20 10 0, 1988 Exhibit E Planning & Inspections Department CITY OF MOUND PLANNING & ZONING CASES 1989 1990 1991 1992 1993 YEAR LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 February 10, 1994 Mr. Ed Shukle, City Manager City of Mound Mound, MN 55364 Dear Mr. Shukle: Contained within the following pages is the annual report for the police department. The report addresses the budget, personnel, training, equipment, community education, statistics, and emergency preparedness. This year has been one of relative stability within the department. Both Officer Denneson and Officer Swensen satisfactorily completed their probation in 1993. The department joined with the building department to hire an additional Community Service Officer to assist in enforcing the exterior maintenance codes. Rick Maki is doing an excellent job! The department continued its relationship with the Southwest Metro Drug Task Force and Sgt. Hudson continued as the administrator/coordinator and is doing an excellent job. We continued to present the D.A.R.E. program in the 5th grade and at the elementary school; with excellent community support. The budget expenditures were 1.4% under projections as of February 7, 1994. Part I and Part II offenses accounted for 1,120 calls for service, up 3% over 1992. Total contacts were up by 24%, but Part I offenses were down by 4.5% (almost a 10% decline from 1991). The department continues to emphasize dedication to the community through the highest standards of service and through quality training for its employees. The department continues the "Citizen Comment Card" feedback survey that is handed out on traffic encounters and randomly sent to our service "customers". hief MOUND POLICE DEPARTMENT II. III. IV. V. VI. VII. VIII. IX. X. TABLE OF CONTENTS PAGE Introduction 1 Budget Administration 2 Organizational Chart 3 Personnel 4 Training 11 Equipment 13 Community Education 14 Statistics 16 Emergency Preparedness 25 Southwest Metro Drug Task Force 26 INTRODUCTION The mission of the Mound Police Department is to provide protection and service to the people of Mound. Many of the activities of the police department are described and summarized in this report for 1993. MOUND POLICE MISSION STATEMENT : The Mound Police Department, through teamwork and cooperation, will be responsive to our citizens' needs with a professional level of dedicated service. Officers will display the highest integrity, and regard each citizen with a focused and unbiased attitude. Our citizens will determine our Success. Much of how a police department is evaluated is based on statistics, as found in this report. Information for these statistics comes from internal record-keeping and also from participation in the Minnesota Criminal Justice System (CJIS). In analyzing the crime statistics, several factors need to be considered: 2. 3. 4. 5. Population density Proximity to metropolitan area Population composition Population stability Number, sophistication, and development of police personnel The only area that the police department has control is the fifth category. The police department is consistently looking at ways to better utilize and train personnel to provide better service. The report is provided to highlight the most important areas of police department activity and to be used as a gauge for evaluating service. The report includes some comparisons to past years and provides a tool for planning activities in the years to come. - 1 - II. BUDGET ADMINISTRATION The 1993 police budget will close out a little under ($11,000) projections. The final expenditures for the police department will amount to approximately $768,157.00. The percentage of expenditures breaks out as follows: Personnel Insurance Capitol Outlay Training/Travel (includes P.O.S.T.) Fuel/Repairs All Other $629,374.00 81.9% 34,986.00 4.5% 11,771.00 1.5% 10,940.00 1.4% 26,328.00 3.5% 54,758.00 7.2% TOTAL $768,157.00 100% Fund 60 (vehicles, 40,080.00 weapons, software, radar) Insurance costs were down from last year. We experienced significant savings in vehicle repair costs by purchasing new vehicles that have factory warranties ($12,000). We were able to manage the over-time budget better in 1993 and saved an additional $1700. Our training expenses were up slightly because of a cut in the P.O.S.T. reimbursement for police training. Capitol outlay costs were down (two in-car video cameras), but Fund 60 costs were up. The police department generated revenues of $60,218 from court fines and violations. Animal licenses and pick-ups accounted for $4,770 of revenue. Accident reports generated $1,056. Minnesota Police Pension and P.O.S.T. Board reimbursements totaled $61,151 and $3,357 respectively. The Southwest Metro Drug Task Force reimbursed the department $54,640 for Sgt. Hudson's services for 1993. We also received $8,900 from the school's crime levy for the D.A.R.E. program. -2- IV. Personnel Sworn Personnel: Chief of Police Sergeants Investigators D.A.R.E. Officer Patrol Officers 1.0 1.5 2.0 .5 6.0 11.0 Drug Task Force Sergeant 1.0 Total Sworn Personnel 12.0 Non-Sworn Personnel: Police Secretary 1.0 Part-Time Personnel: CSO 2.0 (1.3 FTE)* Total Police Personnel 15.0 (14.3 FTE)* *FTE = Full Time Equivalent -4- MOUND POLICE DEPARTMENT PERSONNEL ROSTER 1993 Chief of Police Leonard Harrell Staff Serqeant William Hudson (Assigned to Drug Task Force) Patrol Serqeant John McKinley Steve Grand Investiqator/Liaison Todd Truax Gary Lotton (one year training position) Patrol Officers John Ewald Darrell Huggett & Canine "Rambo" Daniel Niccum Amy Christenson Troy Denneson Jason Swensen Police Secretary Shirley Hawks Community Service Officers June Hyland Rick Maki Police Reserves Tom Berent Lind Norton Alan Ringate Dave Miller Jeff Fleming Kathleen Fox Tom Geyen Dick Qunell Kevin Koerber Sam Nelson Paul Haarstad Jason Maas Larry Lyng James Fox Patrick Cole Robin Liljeberg Shelley Pinck - 5 - In 1993, the police department maintained twelve licensed police offi.cers, including one officer assigned to the Southwest Metro Drug Task Force. Sgt. Hudson completed his final year as the task force admlnistra%or and is scheduled to return to Mound in 1994. Officers Denneson and Swensen were put through an FTO (Field Training Officer) program of training and both have successfully completed their probationary periods in 1993. With the return of Sgt. Hudson in 1994, Sgt. Grand will return to patrol. Sgt. Grand has continued, in 1993, to teach the D.A.R.E. program in our school. In the late summer, Rick Maki was hired as an additional Community Service Officer and is working with June Hyland to help clean up some the local "eye-sores". The department has continued with regular evaluations of the police employees. In general, the officers have been doing a fine job in serving the community. There was some disciplinary action with individual officers and their conduct is being monitored. There was one internal investigation initiated in 1993. Citizen Comment Cards In February of 1992, the department initiated a feedback system to solicit input form our citizens on how the police department is serving the community. The cards are handed out by officers on all traffic encounters and I randomly send cards to citizens who have had a "call for service" contact. The rating is on a four point basis; poor=O and excellent=4. The department average for our overall service is rated at 3.55 based on over 498 responses. The rate of return is about 18%. Psychological re-evaluations were given to three officers in 1993. The process continues the psychological testing for each officer every five years. The department has again maintained involvement in the Southwest Metro Drug Task Force and has received reimbursement for officers provided as agents. The communities involved are Chanhassen, Carver County, South Lake Minnetonka, St. Boni/Minnetrista, Scott - 6- County, Shakopee, Chaska, McLeod County, and Prior Lake. See section X for the annual report of the Southwest Metro Drug Task Force. Officer Huggett continues to work with "Rambo" and has consistently been training with him. "Rambo" earned a P.D. #1 certification through the United States Police Canine Ass'n. and competed nationally in 1993. The Mound Police Reserves continue to do an excellent job for the community and the police department. Sgt.Grand has assumed the role as the liaison for the reserves. Unit strength averaged around twelve volunteers for 1993. The Mound Police Reserves combined to donate a total of 4,613 hours. Child protection cases accounted for 76 investigations in 1993. There were 16 criminal sexual contact cases reported. Total contacts were up 24%. Part I offenses were down 4.5%, but Part II offenses were up 6.8%. Larcenies, burglaries, and vehicle thefts were again down in 1993. The investigators worked on several cases of significance during the year. Investigator Truax worked up several major cases involving the abuse of children. One involved the sexual conduct of a male and several young neighborhood girls resulting in First Degree charges for sexual misconduct. Several other cases have been pursued involving the physical abuse and /or neglect of children by their parents or, in one case, a great grandfather. Another case involved the rape of a young lady by two room mates in a home in Mound; one suspect committed suicide after a formal complaint was issued. An adult male was charged with barricading himself in a local home and threatening to kill a police officer; an entry team was used to remove the suspect. Investigator Lotton was assigned the general investigations and identified three suspects in the robbery of our PDQ store on Three Points. The case is pending at the county attorney's office with one suspect already incarcerated at the St. Cloud Reformatory. Lotton was also instrumental in breaking up a theft ring that was operating in Victoria and stealing snowmobiles and cars from Mound and the Lake area. on several cases of theft and burglary and was able to solve and recover property from at least six & - ? - different incidents in Mound. Investigator Truax worked up a case.of residential burglary in which the resident was attacked and bitten during an altercation; the defendant was convicted and received an extended prison term. Truax solved several cases involving a "ring" of local thieves and recovered property from assorted thefts from Mound and the Lake area. The department invested a lot of time and effort in the investigation of a drive-by shooting on the Island. Suspects have been identified but no charges have been filed to date. Officers and staff used a total of 504 days of benefit time during 1993. The time off included approximately 190 vacation days, 142 holidays, 88 comp days, and 84 sick days. Officers earned 661 hours of comp-time and 749 hours of overtime during the year. MOUND POLICE RESERVES ANNUAL REPORT The Mound Police Reserves donated 4,613 hours in 1993. The unit has averaged 12 individuals for the past year and those people have been very active in serving the community. The police reserves assisted in providing the following security services and/or police back-up at: Emergency call outs Reserve squad - house checks High school dances Hockey and football games Mound City Days EFCE Public Safety Day Rotary Dinner for 100 Officer Friendly assists Westonka Homecoming parade M.D.A. Telethon Wayzata fireworks Westonka senior overnight party Incredible Festival Child finger printing Halloween and "Kiddie" parades Jaycees Bike Rodeo Homecoming Parade Christmas Tree Lighting Our Lady of the Lake Marathon Memorial Day Parade Mound Westonka High School Graduation Fish Fry Traffic Direction (emergencies) Transports Operation Clean Sweep Recycling Drop off Crime Prevention D.A.R.E. assists Around Mound Run Bicycle Rodeo OLL Marathon The Mound Pol~ice .Reserves received training in first-aid and CPR, defensive tactics, and new officers attended the Hennepin County Reserve Officers Course. Finances: The reserves continue to raise their own funds and are predominantly self-sufficient. The emergency preparedness budget also contributes funds to the maintenance of training and equipment for the police reserves. The police reserve account has about $4,600 in balance. The severance fund encumbrance is relatively low because of a change made in 1993. Reserves are now receiving a check in December in order to cover expenses, such as travel, that they may incur during the year. This relieves the City from the accounting of adding interest and maintaining on-going balances from year to year. The reserves seem much happier with this arrangement. TRAINING The police department attempts to provide training on a continual basis to maintain its effectiveness and efficiency. Modern law enforcement is an ever-changing environment that requires the development of special skills and necessitates officers keep abreast of recent changes in job relevant statutes and procedures. High standards of excellence are accomplished by the police department when extensive training can be offered to both officers and staff. Police personnel attended the equivalent of 199 days of training in 1993. Sgt. McKinley attended the Southern Police Institute which accounted for 60 days of training. Courses Attended Personnel & Discipline Firearms Training/F.A.T.S. Wilson Supervisory Leadership Program Canine Training Critical Incident/Use of Force Southern Police Institute Retraining Conference Managing Deadlines Crash Injury Management/First Responder Emergency Medical Technician Side-handle Baton IACP National Conference Intoxilyzer Course & Refresher Pursuit Driving Spring Chief's Conference S.C.A.N. Defensive Tactics - PPCT Hazardous Materials Crime Prevention Criminal Justice Information System CPR Instructor Inside the Criminal Mind Narcotics Supervision Property Management Vicarious Liability Dimensional Management Training Drug Recognition for Patrol Emergency Preparedness Juvenile Officers Institute - 11- Courses Attended - cont. Child Abuse/Sex Crimes Juvenile Issues Drug ~ask Force Investigation of Shooting Incidents Defensive Driving Legislative Update Criminal Justice Institute Narcotics Seminar Human Relations Disaster Preparedness SPI AOC Data Practices & Law Enforcement Sexual Harassment Animal Control Municipals AIDS OSHA Use of Bike Patrol Community Oriented Policing Violence Reduction Minnesota Traffic Law VI. EQUIPMENT Two new vehicles were purchased in 1993. The vehicles were purchased through the county bid process and are Ford Taurus police package vehicles. We have a total of three Taurus that were each covered by the manufacturer's warranty and the Blazer is still covered by warranty. We saved close to the purchase price of a vehicle in repair costs!. We purchase new weapons and traded in our used models. The weapons are equipped with night-sights and are stainless steel. In 1993, we purchase video cameras and recording devices for two of the squads and will be adding additional cameras in 1994. A new radar was purchased to replace an older model that was no longer functioning properly. VII. COMMUNITY EDUCATION/SERVICE The police department became involved with the community ~n a vat'ely o~ Following is a brief description of the activities. Crime Prevention Officer Ewald has been conducting neighborhood meetings and developing block watches. He has also been working with several apartment complexes to organize for Crime Watch. Presentations and security evaluations have been done for local banks and businesses. House Checks The police reserves provide a service of checking periodically on out-of-town resident's homes when notification has been provided to the police department. Westonka Intervention Program The police department continues to work closely with the intervention program to assist families that are victims of domestic abuse. Department Tours The police department has conducted a number of tours of our facility for Cub Scouts and Brownie Scouts. Demonst rat ions/Presentat ions The police department has been involved in a number of public presentations ranging from canine demonstrations to talks about safety with day-care students. The police department has talked to groups concerning drugs, gun safety, vehicle safety, DWI, and personal safety. Fingerprinting The department provides a service of fingerprinting individuals as may be requested. This includes both children and adults. Mound City_Days The department was very involved in this year's celebration. Security was provided for the parade, the "Around Mound Run", and the fireworks. D.A.R.E. Program Drug Awareness Resistance Education has been implemented at both Shirley Hills Elementary, Grandview Middle School, and Our Lady of the Lake Schools. The 17 week program is taught to all 5th grade students and we have expanded into the 1st & 3rd grades with a 5 week program. Westonka Community Action Network The department has been actively involved in assisting the task force in defining area problems and developing a network for assisting needy individuals. The department has been designated as a resource for emergency "vouchers" for the County. Homecominq Parade The department assisted the high school with setting up a parade route and then provided security for the parade. Halloween Parade Provide security for children during the parade. Around Mound Run This last year there was a 5 mile run and two walking courses that we provided security for. Officer Friendly Elementary school presentations for child safety. YMCA Detached Worker Program The department has established a working relationship with the detached worker program. The program assisted in providing activities for "at risk" children in Mound. Public Safety Day The police department co-sponsored a public safety open house with Early Childhood & Family Education. Children were finger printed, observed safety presentations, and were able to view police, fire, and medical equipment. Bike Rodeo Co-sponsored with the Mohawk Jaycees and Mound Crime Prevention Ass'n a bike rodeo. Members of the department are involved in several different advisory councils that meet periodically. - 15- Primary lS#~s only: r~ge: ¢o~: Property Status: Pro, er ty Ty~es: Pretty Oescs: N~s: Of f ~ cers/B~es: No 01/01/93 - 12/31/9] ALL ALL ALL ALL ALL AIL ATL Prop Prop Tp Desc 140U#D POLtCE DEPARTHE#T Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Inc ~ IS# Pr Prop Date Rptd StoLen Date Recov'd SN Stat StoLen VaLue Recov~d VaLue Ouantity Act Bra~ Code Page off-1 Off-2 Assnd Assnd 0 1 5 6 A B O E G H ! J 0 R S T V Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type Totals: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type Totals: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: Prop type TotaLs: **** Report TotaLs: 50 50 1 700 13,600 4,972 2,018 1,295 189 3,450 977 41,600 28,884 23,417 42,496 9,523 4,121 7,730 16,865 203,396 0 5O 0 0 22,200 9OO 0 0 83 0 9OO 10,000 4,600 75 1,428 4,027 167 0 7OO 1,203 46,393 22 - 1.000 1.000 1.000 2.000 7.000 25.000 5.000 6.000 12.000 13.000 2.000 10.000 29.000 4.000 108.000 47.000 48.000 3.000 19.000 2?.OO0 67.000 437.000 MOUND POLICE DEPARTMENT YEARLY REPORT, 1993 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 - 23 - ADULT 73 58 23 92 6 560 6 5 144 0 24 5 15 1 330 1 5 346 6 41 8 57 0 50 1,856 JUV 0 0 1 1 0 11 2 0 0 0 2 0 1 0 10 0 0 0 0 0 0 1 0 1 30 MOUND POLICE DEPARTMENT YEARLY REPORT, 1993 WARNINGS No Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL ADULT 10 175 139 0 37 198 1 6 1 52 619 JUV 0 7 13 0 0 0 0 0 0 1 21 WARRANT ARRESTS Felony: Misdemeanor: 13 88 1 2 - 24 - IX. EMERGENCY PREPAREDNESS (CIVIL DEFENSE) The Emergency Preparedness budget came in slightly over under original projections. Operating supplies were up 23% partially due to purchasing sandbags to have on hand for local residents who suffered flooding problems from all of our rain. Hazardous materials continues to be a major concern for Emergency Preparedness. The City receives approximately $4,000 from FEMA (Federal Emergency Management Ass'n.) in the form of a grant. We spent $4,164.75 for emergency preparedness in addition to salaries that are accounted for in the police budget. Most of the money allocated to Emergency Preparedness is used for training and supplies to maintain the police reserves. - 25 - X. Southwest Metro Drug Task Force Attached is the annual report of the drug task force in which we are a member. We had Sgt. Hudson assigned and received reimbursement for his salary through a federal grant from the Office of Drug Policy. I believe the task force is doing an excellent job and deserves our continued support. The major drugs of use in our area continues to be cocaine, marijuana, and LSD. - 26 - SOUTHWEST METRO DRUG TASK FORCE 1993 ANNUAL REPORT SUMMARY 81 Cases were developed 78 Individuals were arrested 34 Search warrants were issued Counties where cases were developed: Carver 35 Hennepin 16 Scott 15 McLeod 13 Washington 1 Of cases developed: 51% were sale cases 41% were possession cases 8% were marijuana growing operations $4,040.00 $1,755.00 spent on purchasing controlled substances spent on informants Controlled substances involved in total cases: Marijuana Cocaine LSD Methamphetamine Codeine Other scheduled Stolen firearm & Pipe bombs 58 cases 10 cases 6 cases 3 cases 1 case 1 case 1 case Cities where the controlled substance were purchased/seized: Chaska 20 cases Chanhassen 6 cases Glencoe 6 cases Jordan 5 cases Shakopee 4 cases New Market Twp. Hutchinson Orono Mound Waconla Stewart Minneapolis Jackson Twp. St Boni/Minnetrista Brownton Laketown Twp. Hale Twp. Watertown Carver Young America Spring Park St. Paul Park St. Louis Park cases cases cases cases ca~es cases cases cases cases cases case case case case case case case case Forfeitures/Seizures executed (31): 8 Vehicles 2 Real Estate (undetermined amount) 6 Guns Currency $45,956.93 plus uncounted coins Savings Bonds $2,400.00 (face value) Misc. electrical equipment, tools, and generators from the growing operations. Total Income for Task Force: $309,169.15 Forfeitures that cleared and deposited after percentages were paid: $45,875.11 VIII. STATISTICS This section of the report analyzes the statistical portion of the annual report. Most of the information comes from tabulating the information from Initial Call Reports (ICR's), informational reports, and traffic citations. The total number of ICR's in a year is useful for comparing the level of activity of the department relative to previous years. It also allows for comparison between personnel changes and activity levels. Some reporting changes were made in 1986 to alleviate statistical duplication that was found in the previous system. TOTAL INCIDENTS PER YEAR 1986 THROUGH 1993 YEAR TOTAL INCIDENTS/MONTH 1987 13,445 1,120 1988 15,582 1,298 1989 14,559 1,213 1990 13,680 1,140 1991 13,207 1,101 1992 13,578 1,130 1993 16,897 1,408 1993 reflected a increase in total contacts of 24%. The serious incidents of crime reported to the police department are categorized into Part I and Part II Offenses. Part I Offenses: Part I Offenses include major crimes such as homicide, criminal sexual conduct, robbery, assault, burglary, larceny, vehicle theft, and arson. Although Part I Offenses are a small percentage of reported crimes, it is these crimes that demand the most attention from the police department in terms of investigation and commitment of resources. - 16- Part II Offenses: Part II Offenses include the crimes of forgery, child abuse/neglect, vandalism, stolen property, sexual misconduct, weapons violations, sexual misconduct, narcotics violations, liquor violations, DWI, simple assault, domestic assault, embezzlement, prostitution, public peace, runaways, and other violations. The clearance rate .for combined Part I and Part II Offenses was 53%. Part I offenses were down 4.5% and Part II were up 6.8% compared to last year. Burglaries remained constant at 63, larcenies decreased by 10%, and arson by 42%. Criminal sexual conduct cases remained at 26, but child protection issues rose by 24%. Our combined clearance rates increased by .4%. Part I and Part II Offenses are the incidents that necessitate the most time and effort from the police department. Initial call time is greater in gathering pertinent information at the scene and the greatest amount of investigation and follow-up is dedicated to these types of crimes. Traffic Offenses: Traffic offenses include both moving and non-moving violations. An examination of the number and percentage of traffic stops, as part of the total number of incidents, allows one to determine the degree to which vehicular traffic and pedestrian movement affects the department's work load. It should also be noted that the more visible that patrols are maintained, the more likely is the positive impact in deterring serious crimes. In 1993, traffic citations accounted for 1,728 police contacts, up 4% from 1992. Property damage accidents were down 9.3% but personal injury accidents were up 13.6% from 1992. - There were 73 DWI arrests (up 16%) and of those, approximately 42% were repeat offenders for gross misdemeanor or aggravated violations. The average test was .165; up from 1992. The highest reading was a .25; the legal limit is .10. Property: Property losses were valued at $203,396.00 in 1993, down 10%. Child Protection Cases: The department investigated 76 child protection cases for the year. These cases and criminal sexual conduct cases continue to be the single most time-consuming cases we handle. Domestic Dispute Cases: The department responded to 103 domestic situations; 47 with assaults. The number of actual domestic assaults increased slightly, but the total number of Increased by 32%. Arrests: The police department processed and booked 263 adults in 1993, up 10%. There were 48 adults charged for felonies, 240 adults for misdemeanors, 44 juveniles arrested for felonies, and 84 juveniles arrested for misdemeanors. In addition, 51 formal complaints were issued for a variety of crimes. Formal complaints were reduced significantly in 1993 because of a change in processing gross misdemeanors at the court level. Animal Complaints: The department responded to 1,518 animal and inspection complaint issues during 1992, up significantly with the addition of a community service officer. - 18- POLICE DEPARTNENT POL[CE/CRINE ACTIVITY REPORT 1987 1988 1989 1990 . 1991 1992 1993 Hazard(xJs Citation 1,172 1,333 1,429 1,082 835 710 702 Non-Hazardous Citations 519 617 356 340 280 3~ 702 Hazardous ~amings 417 346 137 74 32 138 171 llo~-Hazardous Wamings 8~ 643 351 333 341 421 307 Verbat Warnings 1,521 1,368 1,503 1,27'5 1,143 1,263 Parking Citations 497 639 604 381 4~8 56~ 346 OWl 104 91 62 97 79 63 73 Over. 10 75 44 35 71 52 44 58 Property Damage Accidents 99 121 102 74 98 86 78 Persenat Injury Accidents ~6 36 29 21 33 2.2. 25 Fatat Accidents 0 0 0 0 0 1 0 *AduLt FeLony Arrests *AduLt #isdemeano¢ Arrests *Juvenile FeLony Arrests *JuveniLe #isde~eanor Arrests ~4 36 51 61 48 62 61 281 359 335 590 404 426 328 59 79 35 50 21 56 45 120 108 68 206 115 91 86 Part I Offenses Reported 372 417 353 322 318 354 338 Cleared 86 80 109 112 91 131 122 Arrests Made 74 ?0 75 91 55 96 92 Part Ii Offenses Reported 789 857 125 767 694 732 782 CLeared 457 ~ 227 493 438 441 473 Arrests #ade 311 319 242 401 331 35 324 Hedicals 218 274 A~imt Cemptaints 1,128 1,091 Other GeneraL Investigations 5,~2 6,729 TOTAL 12,240 15,341 Assists 521 691 FotLou-ups 520 600 Nutual Aid 211 175 *Also includes Harrant arrests through 1988 315 371 325 3OO 399 1,097 887 1,105 896 1,518 6,180 6,280 6,503 6,983 9,56~ 14,232 13,510 13,084 13,420 16,846 672 549 631 896 538 297 192 164 299 328 210 160 123 1~8 177 - 19- MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT YEAR 1993 GENERAL ACTIVITY SUMMARY YEAR TO DATE Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Adult Misdemeanor Citations Juvenile Felony Arrests Juvenile Misdemeanor Arrests Juvenile Misdemeanor Citations Part I Offenses Part II Offenses Medicals Animmal Complaints Other Public Contacts 702 702 171 307 1,263 346 73 58 78 25 0 61 328 39 45 86 12 338 782 399 1,518 9,564 LAST YEAR TO DATE 710 323 138 421 1,143 569 63 44 86 22 1 62 426 113 56 91 45 354 732 300 896 6,983 TOTAL Assists Follow-Ups Henn. County Child Protection Mutual Aid Given Mutual Aid Requested 16,897 538 328 76 177 70 13,578 896 299 63 148 55 - 20 - O~FENSES REPORTED YE/~RLY REPORT, CLEARED EXCEPT. UNFOUNDED CLEARED 1993 CLEAREO BY ARREST ARRESTED ADULT JUVEN I LE PART I CRINES Homicide 0 0 0 0 Criminal Sexual Conduct 26 6 9 5 Rott>ery 2 0 0 1 Aggravated Assault 8 0 3 Burglary 63 2 9 3 Larceny 209 7 27 Vehicle Theft 26 0 3 6 Arso~ 6 0 1 0 0 0 ? 1 5 0 1 0 2 2 23 ~6 10 5 0 0 TOTAL 338 15 52 55 PART Il CRIMES ChiLd Abuse/Negtect 56 38 9 6 6 Forgery/NSF Checks 21 1 10 3 2 Criminal Damage to Property 129 0 10 8 6 ~eapons 10 0 2 1 1 Narcotics 16 2 0 16 13 Liquor Le~s 37 0 2 32 24 DUl 73 0 0 73 73 Simple Assault 57 6 32 9 6 Domestic Assault 67 1 '3 29 31 Oc~estic (No Assault) 56 0 0 0 0 Harassment 87 4 25 15 13 R~Hay/lncorrigibitity/Truancy 51 1 13 37 0 Public Peace 9 0 4 47 5 Trespassing 2 1 0 0 0 Att Other Offenses 131 2 50 73 72 0 5 9 0 1 18 0 6 0 1 41 0 0 1 TOTAL 7'82. 56 127 290 240 PART ili & PART IV PrepertyOm~Je ~ccidents Personal Injury Accidents 25 Fatal kccJclents 0 I~licats 399 Animt Cc~ptaints 1,518 Nutuat Aid Other General Investigations 9,56~ TOTAL 11,761 Hemepin County Child Protection 76 CHIPS 0 TOTAL 12,957 71 179 ~5 288 128 - 21 - CITY of MOUND MOUh, D MINNESOTA 5536.4- '~ 687 6'2 4.72-0600 FAX 6'2,472-0620 February 17, 1994 MAYOR, CITY COUNCIL AND CITY MANAGER I have enclosed the 1993 Annual Report of the Finance Department. The purpose of the report is to point out the financial condition of the City of Mound to the City Council, which sets the policies that direct the future of the City. The financial recaps included in this report provide you with a prellmlnary summary of the City of Mound's financial position for 1993. The year 1993 was a productive one in the Finance Department. I would like to thank the staff of the department for their hard work during this challenging year. I look forward to a productive year in 1994. Respectfully, Gino Businaro, CPA Finance Director printed on recycled paper FINANCE DEPARTMENT INVESTMENTS - BUDGET - DEBT - ASSESSMENTS - AUDIT - INSURANCE - COMPUTER FUNDS: GENERAL- SPECIAL REVENUES- CAPITAL- ENTERPRISE 1993 ACCOMPLISHMENTS 1994 GOALS CONCLUSION My first responsibility is the supervision of the Finance Staff. The current personnel in the Finance Department is as follows: TITLE STARTINg; DATE Gino Businaro Joyce Nelson Deloris Schwalbe Gayle Bums Finance Director Utility Billing Clerk Assessing Clerk Account Clerk 11-23-92 05-31-77 07-28-75 12-21-77 Both Joyce Nelson and myself were new to the finance department in 1993. Joyce has replaced Lois Sandquist and I have replaced John Norman. The finance staff should be commended for the teamwork and cooperation they have demonstrated during the transition. JOYCE NELSON Joyce handles the water and sewer billing process. We have approximately 3260 residential accounts that are billed quarterly on a cyclical basis (the City is divided into three billing districts). In addition, there are approximately 125 commercial accounts that receive a bill every month. With this many customers to serve Joyce is kept quite busy. At the same time Joyce coordinates the various recycling programs. In 1993 73% of homes participated in the curbside pickup program. The spring and fall cleanup days produced 230.62 tons of material and 240 tons of brushes. Joyce also continues to assist Greg Skinner in public works with some of the paperwork and computer data entry as time allows. DELORI$ $¢HWALBE Deloris does the special assessment searches of properties as requested by realtors, title companies or residents when a house in Mound is purchased. Deloris receipts any prepayments of special assessments and she notifies the County of the prepayment. During 1993 we collected $8%186 on prepayments for various special assessment levies. This money is invested to pay off the special assessment bonds when they become due. Deloris also is the administrator of the Metro HRA Section 8 Rent Assistance Program for Mound, as well as for Minnetrista, St. Bonifacius and Spring Park. Currently, there are 40 families in our area receiving Section 8 assistance. The City receives reimbursements monthly on a per residence basis. 2 Deloris took over accounts payable duties in August 1991. She codes and enters into the computer all the invoices and pays city vendors for purchases of goods or services. In 1993 2,926 checks were issued for a total of $6,109,622. Deloris assists the utility billing clerk and the Building Department in their absence. GAYLE BURNS Gayle took over payroll duties in August 1991. She maintains and processes payroll every two weeks. All time sheets must be reviewed and entered into the computer, checks generated and reports printed. In 1993 1,335 payroll checks were issued to employees and 418 checks were issued for other payroll related purposes. Gayle also works in the following areas: Data entry for the financial system and monthly report distribution to departments Miscellaneous receipts and receivables Miscellaneous billing and reports to other agencies Reports for the Liquor Store: monthly sales tax reports, NSF checks Preparation of monthly, quarterly, and yearly repons to various federal and state agencies Bank reconciliation Issuance of merchant and dog licenses Depot Rental: The Depot rental income over the last five years was as follows: 1993 1992 1991 !990 1989 $ 1,800 $ 1,875 $ 1,400 $ 1,000 $ 1,310 Cash management and investment of City funds are an important aspect of my job. The first objective in investing City funds is safety and legal constraints. Taking safety into account, I look for the best market rate of return, normally within a 3-6 month range. I continue to follow a policy of investing only with broker/dealers in this state. The following is a breakdown of investments as of December 31, 1993: 3 U.S. Government Agencies U.S. Treasury Securities Commercial Paper Certificates of Deposit Government Trust Pool Money Market $1,346,440 545,804 943,202 807,975 2,679,202 344.600 TOTAL $ 6.667.223 A comparison of interest earned for the City on all funds is as follows: 1993 335,667 1992 336,766 1991 531,073 1990 652,335 1989 746,975 1988 647,720 Interest income both in 1992 and 1993 is down from prior years. The decrease is due to two factors: first, the short-term interest rates steadily declined to less than 3%; second, the average cash balances available for investment decreased. All interest income is accumulated in the Investment Trust Account and distributed to the funds in proportion to the average balance during the year. For example, during 1993, the General Fund was allocated $16,755 in interest (4.99% of all interest earned) while the Capital Improvements Debt Service Fund was allocated $89,464 in interest (26.65% of total interest). Interest is a very important revenue source. In most of our special assessment projects, the City has the authority to levy general tax dollars to help finance the debt issued on projects. Interest earnings is a major factor for the City not levying general taxes on the special assessment debt. BUDGET Preparing the data for the annual budget document that is submitted to the Council is another important function of my job. During June, I estimate the revenues for the current year and also work on an estimate of the expenditures for the current year. I work closely with the city manager in budgeting revenue amounts for the following year. The Finance Department budget is my responsibility, along with the City Property, the Special Revenue Funds and the debt service requirements. Once the city manager reviews the expenditure budgets with each of the department heads, the budget is compiled, analyzed and adjustments are made. The document is then prepared and presented to the Council for approval. The Water and Sewer Funds are 4 examined during the budget process. The projected revenues and expenses are used to determine the adequacy of the rates. The Enterprise Funds (Liquor, Water and Sewer, and Recycling) are presented to the Council along with the General Fund for Council approval. OUTSTANDING DEBT The total outstanding debt as of 12-31-93 is $5,500,000 and $1,335,000 in refunding bonds. The following details the outstanding debt: COMMERCE PLACE DEBT SERVICE BONDS This fund accounts for principal and interest payments on the bonds sold in 1985. The bonds will be paid for from the tax increment from the Commerce Place Development. The increment from the development is sufficient to make the principal and interest payments. With the developers' letter of credit and the Mound Clinic and Thrifty White as corner stores, Commerce Place is meeting all of its financial obligations. The City made principal payments of $90,000 during 1993, and has an outstanding balance of $1,690,000 at December 31, 1993. In 1993 TIF Refunding Bonds in the amount of $795,000 were issued and are outstanding as of 12-31-93. SPECIAL ASSESSMENT BONDS Special Assessment Funds are used to account for the construction and financing of certain public improvements such as streets, sidewalks, street lighting and storm sewers. Bonds are issued and are paid for in full or in pan from the special assessments levied against benefited properties. No new bonds were issued during 1993. The City made principal payments of $720,000 during 1993, and has an outstanding balance of special assessments bonds payable of $1,740,000 at December 31, 1993. WATER/SEWER REVF31UE BONDS The principal and interest on water revenue bonds are paid out of the revenue generated from the water and sewer bills. The City made principal payments of $35,000 during 1993, and has an outstanding balance of $1,470,000 at December 31, 1993. In 1993 bonds were issued in the amount of $1,350,000 and $607,500 were allocated to the Water Fund and $742,500 to the Sewer Fund. pI. FBLIC WORKS FACILITY DEBT SERVICE This fund accounts for the principal and interest on bonds issued in 1988. The principal revenue source is a property tax levy. The City made principal payments of $40,000 during 1993 and has an outstanding balance of $600,000 at December 31, 1993. In 1993 Building Refunding Bonds in the amount of $540,000 were issued and are outstanding as of 12-31-93. The following shows the total outstanding debt for the City of Mound over the past 10 years: Year G.O. G.O. Refunding 1984 $11,146,000 1985 12,142,000 1986 11,047,000 1987 10,060,000 1988 10,060,000 1989 9,040,000 1990 7,680,000 1991 6,790,000 1992 5,835,000 1993 5,500,000 $1,335,000 Using the 1990 census population of 9634, the total debt per capita decreased from $1,157 in 1984 to $571 in 1993. This decrease in total outstanding debt illustrates the fact that Mound is a mature suburb and has not had to issue debt to develop new streets and new watermains. For example, cities of Mound's size that have been rapidly expanding have the following debt outstanding at the end of 1991: Chanhassen 42,654,620 Chaska 29,120,000 Champlin 25,585,500 Shakopee 14,210,000 BQNDRECALL In 1993 two bond issues were recalled: * The G.O. Improvement Bonds of 1979 had an outstanding amount of $900,000 as of 1-1-93; * The G.O. Improvement Bonds of 1982 had an outstanding amount of $120,000 as of 1-1-93. The source of funds to pay off the bonds was from prepayment of special assessments and interest earned on idol cash. As you see, 1993 was a busy but a good year in the area of debt. The City has issued $1,350,000 of new bonds, has recalled two bond issues, and it has refunded two other bond Z 0~ I I suo!ll!.IaI issues. The low interest rates provided an opportunity for us, and we were able to take advantage of it to the extent possible. SPECIAL ASSESSMENT LEVIES The general property tax levy is discussed every year during the budget process. The other significant item on the tax statement for Mound residents are the various special assessment levies. The following is the annual special assessments levied on Mound taxpayers during the past ten years: 1984 1,234,600 1985 1,101,100 1986 992,000 1987 870,800 1988 740,700 1989 696,000 1990 633,593 1991 544,000 1992 513,000 1993 482,500 The major street projects were completed in 1978-1980. The total assessments on the taxpayers increased dramatically once these projects were assessed. Since 1982, the annual assessments have consistently declined. The corresponding Special Assessment bonds payable has decreased from $10,425,000 in 1984 to $1,740,000 in 1993. AUDIT Preparing for the annual audit is another important responsibility in my job. statements, schedules and notes to the financial statements for the annual audit. are reduced since all the statements and notes are done in house. I prepare all the Our audit costs The 1992 audit report received the National GFOA award "Certificate of Achievement for Excellence in Financial Reporting'. The certificate program judges an audit report on various criteria, including clarity, comparability and completeness. This is the fifth consecutive year the City of Mound has received this award. I plan on updating the audit report annually and submit future years reports for this award. 7 We have the majority of our insurance coverage with the League of Minnesota Cities Insurance Trust. They have provided the City with good coverage and the costs for insurance have stabilized in the last couple of years. Our agent of record is Carl Bennetsen of R.L. Youngdahl & Associates, Inc. I have the responsibility of coordinating the City's insurance activity. I file all claims that are made against our insurance policies for the City automobiles, property damage, general liability, and workers compensation. COMPUTER OPERATIONS It is my job to supervise the overall computer operation. We have an on-site mini-computer processor with software purchased from Computoservice, Inc. The following software programs are currently operating on our system: utility billing, financial, accounts payable, payroll and special assessments. The finance staff does an excellent job working on the computer operations. In 1993 we purchased a new PC for the finance department. This purchase enables me to work efficiently with many spreadsheets for cash flow analysis, investment need projections, fixed assets inventory, and all sort of other applications. At the same time both Gayle and Joyce have the opportunity to use the PC and maintain various files in the payroll area and the utility services area. City employees have a strong interest in learning to work with PCs which help them to become more efficient with their tasks. The commitment to technology is spreading from business to schools, to government. FLrND STRUCTURE The following is a description of the funds of the City of Mound: GENERAL FUND The General Fund accounts for the Revenues and Expenditures to carry out the basic governmental activities of the City, such as administration, police, inspections, streets and parks. General Fund expenditures are made primarily for current day to day operating expenses. Major sources of revenue are the property tax and local government aid. 8 FUND BALANCE The total fund balance of the General Fund is projected to be $655,885 for the year ended 1993. The balance increased $29,524 during the year. It is important for the City to maintain the current fund balance. This reserve is necessary to meet expenses in the General Fund until tax money and local government aid are remitted to the City in June. The following table shows previous year end General Fund balances, compared to adopted expenditures budget for the past ten years: GENERAL FUND TOTAL FUND BALANCE ~ BEGINNING OF YEAR. % 1985 $1,640,567 $ 415,590 25.3 1986 1,868,109 533,599 28.6 1987 2,073,720 743,810 35.9 1988 2,128,550 803,207 37.9 1989 2,236,430 749,654 33.5 1990 2,327,090 629,326 27.0 1991 2,264,150 642,934 28.4 1992 2,249,350 593,155 26.4 1993 2,325,780 626,361 26.9 1994 2,366,950 655,885 27.7 Revenues received for general governmental operations are $2,323,052. The following is an analysis of the major revenue sources of the General Fund - budget to actual for 1993: % ~ ACTUAL V R .~C~ ~ TAXES LICENSES & PERMITS INTERGOVERNMENTAL COURT FINES MISCELLANEOUS $1,217,590 $1,128,029 $ (89,561) 92.64 72,760 82,658 9,898 113.60 860,500 865,620 5,120 100.60 65,000 60,218 (4,782) 92.64 119.640 186.527 66.887 155.91 TOTAL $2,335,490 $2,323,052 $ (12,438) 99.47 Tax refunds by the County for past years' abatements made the tax collection percentage drop to 92.64%. 9 spu~noq,L EXPENDITURES Expenditures for general government operations were $2,293,528 in 1993. budget to actual comparison by department: DEPARTMENTS The following is a % VARIANCE, EXPENDED Council 57,500 53,176 4,324 92.48 Promotions 2,000 1,192 808 59.60 Cable TV 1,380 927 453 67.17 City Manager/Clerk 170,380 172,504 (2,124) 101.25 Election s 2,140 2,443 (303) 114.16 Assessing 46,550 47,698 (1,148) 102.47 Finance 145,900 144,376 1,524 98.96 Computer 24,000 22,545 1,455 93.94 Legal 79,000 111,539 (32,539) 141.19 Police 779,200 768,157 11,043 98.58 Civil Defense 4,000 4,165 (165) 104.13 Planning & Insp. 138,440 131,514 6,926 95.00 Streets 406,750 390,368 16,382 95.97 Shops & Stores 17,100 11,725 5,375 68.57 City Property 97,160 104,925 (7,765) 107.99 Parks 174,340 158,340 16,000 90.82 Summer Recreation 33,100 26,427 6,673 79.84 Contingencies 10,000 4,667 5,333 46.67 Transfers 136.840 ~ O 100.00 TOTAL ~ ~ $32.252 98.61 SPECIAL REVENUE FUNDS Special Revenue Funds are used to account for certain tax levies and other earmarked revenue. The following is a list of the City's Special Revenue Funds and Fund balances as of 12-31-93: Cemetery 5,239 Pension 0 CDBG 0 Area Fire Serv. 119,975 Dock 86,595 The Area Fire Service balance of $119,975 includes a reserve of $90,000 for the purchase or refurbishing of a vehicle in the near future. 10 CAPITAL PROJECT FUNDS Capital project funds have been established to segregate funds to be used for various types of capital outlay expenditures. The following is the 1993 activity of this fund: Balance 1-1-93 $ 249,427 Revenues 57,381 Total Available 306,808 Expenditures Professional Services 73,105 Fire Capital Reserve 15,100 Other 86 Total Expenditures 88,291 Balance Remaining 218,517 The above expenditures do not include a deposit of $233,507 with Hennepin County for condemnation proceedings against Dakota Rail for CBD lot acquisition. The Capital Improvements Fund is an important one-time revenue source for the City of Mound. It allows the City to undertake projects that benefit the City without having to issue debt to finance them. The remaining balance of $218,517 will be increased with equity transfers from the two debt service funds that were used to account for bond issues that have been recalled in 1993, after the audit is completed. MUNICIPAL CONSTRUCTION FUND The fund is used for department capital outlay purchases. Two Vehicles $ 31,906 In-Car Camera Systems 1,747 Radar 2,343 Pistols 5.090 Total $ 41,086 All above expenditures were for the police department. Expenditures during 1993 included: 11 This fund is used to account for the five-year rotation to sealcoat the streets in Mound. The total cost of the project for 1993 was $61,158, which was financed by the Liquor Store profits. ENTERPRISE FUNDS Enterprise Funds are used to account for the financing of services to the general public in which ail or most of the revenues are generated from user charges. LIQUOR FUND._ The year 1993 was an excellent one for the Liquor Store. A condensed summary for the liquor operations for the years ended December 31, 1993, 1992 and 1991 is presented below: 1993 1992_ 1991. Sales $1,329,754 $1,219,246 $1,144,683 Cost of Sales 1,004,021 921,777 873,711 GROSS PROFIT 325,733 297,469 270,972 Expenses 188,227 172,275 173,134 Operating Income 137,506 125,194 97,838 Other Income 11,617 10,548 8,987 Transfers Out 102,940 106,750 62,538 NET INCOME 46,183 28,992 44,287 12 WATER FUND A condensed summary of the Water Fund operations for the years ended December 31, 1993, 1992, and 1991 is presented below: 1992 1~1 Revenues Expenses Operating Income (Loss) Other Income/Expenses (including interest on bonds) Net Income (Loss) Transfer to City $ 375,845 $ 364,295 $ 324,482 335,717 350,016 346,144 40,128 14,279 (21,662) 35,319 3,860 4,434 75,447 18,139 (17,228) 16,000 10,800 10,700 In 1993 revenues were slightly up from 1992. Expenses were down mainly due to the restructuring of the public works personnel when Jeno Hoff and Joyce Nelson left that department. The cash balance in the water fund increased from $348,550 to $1,004,450 due to the proceeds from the bonds sale of $607,500 and the interest earned on those proceeds. SEWER FUND A condensed summary of the Sewer Fund operations for the years ended December 31, 1993, 1992 and 1991 is presented below: Revenues $ 658,904 $ 614,755 $ 590,479 Expenses 842,986 717,914 719,862 Operating Loss (184,082) (103,159) (129,383) Other Income 52,077 46,584 67,357 Net Income (132,005) (56,575) (62,026) Transfers to City 16,000 10,800 10,700 Revenues in the Sewer Fund have remained steady in 1993. Expenses were up due mainly to the MWCC. The MWCC expense increased by $105,055. The cash balance stands at $1,267,400 at the end of 1993. That amount includes $742,500 which represent the amount of proceeds from the bonds sale. A major concern as we look ahead to 1994 is the charge from MWCC. We pay the MWCC based upon an estimated flow. The actual flow is determined following the end of the year, with the adjustment on MWCC billings the subsequent year. Normally, the estimate is very close to the actual, therefore, the adjustment is small. 13 The following are the revenues and expenditures for recycling in 1993: Revenues Hennepin County $ 68,103 Utility Billing Charges 39,067 Sale of Recyclable 24,822 Other 974 Total Revenue 132,966 Expenses Salaries 15,300 Supplies 4,759 Recycle Lotto 2,750 Pick Up/Disposal 27,498 Recycling Hauler 70,517 Other 512 Total Expenses 121,336 Balance 1-1-93 40,675 Balance 12-31-93 52,305 ORGANIZATIONS I am a member of the Minnesota Government Finance Officers Association (MGFOA). There are currently 550 members. There are monthly meetings in the metro area and an annual conference held in the fall of the year. As a member of the Minnesota Society of CPA's, one of the requirements of keeping current my CPA certificate is that I maintain a continuing education program each year. Continuing education and training is a high priority in my professional development. I obtain the vast majority of my education credits through MGFOA. As an ex-officio member of the Economic Development Commission I attend all their meetings. I am also Treasurer of the Mound Crime Prevention Association. 14 ACCOMPLISHMENT~ FOR 1993 Being new to the City of Mound, 1993 was a transition year for me. My primary goal was to become familiarized with the City Staff and the responsibilities of my position. I feel that I have acx~mplished that in an efficient and productive way. Other specific accomplishments are as follows: Issuance of the 1992 Comprehensive Annoal Financial Report The report received an unqualified opinion from the independent auditor and the Certificate of Excellence in Financial Reporting from the GFOA. In 1993 two bond issues were refunded, there was a sale of bonds for the water and sewer funds, and two bond issues were recalled. F'~red Assets Comouterlzation With the purchase and installation of a new PC, the fixed assets inventory was entered into the computer, as recommended by the independent auditor. Insurance Claims Activit_v In 1993 we had an exceptional number of claims in the general liability, auto, and workers comp areas. We also reviewed extensively the present insurance coverage. The City employees were offered a Pre-Tax Plan in May of 1993. The plan was set up, maintained and extended into 1994. Almost all employees joined the plan, which benefits both the employees and the City in reducing Social Security, Federal and State tax payments. GOALS FOR 1994 Work in the Finance Department will continue at a steady pace in 1994. The normal cycle calls for the staff to meet their deadlines in the payroll, accounts payable, and utility billing areas. The Finance Director will continue to cover the investments, the audit, the insurance claims, the preparation of reports, and all the other financial responsibilities. Specifically, for 1994 the Finance Department goals will be: The implementation of the water meter re. ad system The new water meter read system planned for this spring will change the way we input and retrieve data from the computer. The Utility Billing system will be affected. It is our goal to make the new system to work as smoothly as possible and to minimize disruptions to customers. 15 Monitoring of Capital Outlays In 1994 a significant amount of money will be spent in the area of capital purchases. Our goal will be to monitor the process and to maximize investment return within an acceptable cash flow schedule. F'uted Assets Invento~ Revi?w, Now that all items have been entered into the computer, a verification process needs to be done. Each department will be asked to review the accuracy of the data that was compiled in 1993. The City Manager has the responsibility to prepare and present a budget to the City Council for the following year. It will be my goal to assist the City Manager in the preparation of that budget. It is a difficult task to balance the needs with the resources available and at the same time to keep property taxes at an acceptable and reasonable level. CONCLUSION Thank you for having given me the opportunity to point out the areas of special note in the operation of the Finance Department. The year 1993 was a productive one for the City in the financial area. The direction provided by you, the City Council and the City Manager, made it happen. I will be attending the February 22nd Council meeting to answer any questions that you may have regarding my annual report. 16 BILLS February 22, 1994 BATCH 4013 BATCH 4022 Total Bills $186,170.88 133,498.42 $319,669.30 ~Z ~,-0 I ~ or: z ~.J ° Z I Z 'I ,-4 0 0 0 I~' ~:) 0 0 <).0 :Z Z ~ e o o 0 Z t~ I I oo oo I I I ZZZ O0,Y ZZ Z .( Z o o t~ 01-' Z~ ,,~ 0 0 i-4 ~, o ,..z, N 0 ! Z 0 )- ~J ~f- Z bJ · uJ 0 ~J o Z h, 0 oo o o oo oo oo oo 0 Z .( .( ! :~.J ZZ ~' oo o ~1 oo o ~ ~0~ ~ · 0 Z uJ J 0 0 Z UJ O~ %. i O0 000000 000000 CITY OF MOUND BUDGET REVENUE REPORT GENERAL FUND Taxes Business Licenses Non -Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Charges to Other Departments TOTN. REVENUE FIRE FUND RECYCUNG FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND Jan. 1994 Jan. 1994 BUDGET REVENUE 1,231,780 0 9,45o 218 59,850 3,258 884,960 0 49,500 675 65,000 0 60,800 1 O0 15,000 1,251 2,376,340 5,502 8.33% Y'rD PERCENT REVENUE VARIANCE RECEIVED 0 (1,231,780) 0.00% 218 (9,232) 2.31% 3,258 (56,592) 5.44% 0 (884,960) 0.00% 675 (48,825) 1.36% 0 (65,000) 0.00% 1 O0 (60,700) O. 16% 1,251 (13,749) 8.34% 5,502 (2.370.838) 0.23% 308,817 49,755 49,755 (259,062) 16.11% 108,000 2,960 2,960 (105,040) 2.74% 1,300,000 109,827 109,827 (1,1 90,173) 8.45% 380,000 14,197 14,197 (365,803) 3.74% 680,000 53,300 53,300 (626,700) 7.84% 5,650 400 400 (5,250) 7.08% 72,000 10,463 10,463 (61,537) 14.53% 02/14/94 rev94 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT Jan. 1994 8.33% Jan. 1994 YTD PERCENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED GENERAL FUND Council 63,130 22,976 22,976 40,154 Promotions 2,000 0 0 2,000 Cable TV 1,380 0 0 1,380 City Manager/Clerk 180,330 8,157 8,157 172,173 Elections 11,320 1,71 0 1,71 0 9,610 Assessing 48,350 (684) (684) 49,034 Finance 151,080 6,786 6,786 144,294 Computer 24,200 5,518 5,518 18,682 Legal 81,500 3,400 3,400 78,100 Police 795,240 49,716 49,716 745,524 Civil Defense 5,400 234 234 5,166 Planning/Inspections 157,850 5,718 5,718 152,132 Streets 397,520 23,980 23,980 373,540 Shop & Stores 0 124 124 (124) City Property 102,860 4,742 4,742 98,118 Parks 136,620 7,743 7,743 128,877 Summer Recreation 33,930 0 0 33,930 Contingencies 40,000 0 0 40,000 Transfers 1 34,240 10,026 10,026 124,214 36.39% 0.00% 0.00% 4.52% 15.11% -1.41% 4.49% 22.80% 4.17% 6.25% 4.33% 3.62% 6.03% 4.61% 5.67% 0.00% 0.00% 7.47% GENERAL FUND TOTAL 2,366,950 150,146 150,146 2,216,804 6.34% Area Fire Service Fund 240,190 9,622 9,622 230,568 Recycling Fund 104,330 10,623 10,623 93,707 Uquor Fund 190,840 11,710 11,710 179,130 Water Fund 834,990 45,285 45,285 789,705 Sewer Fund 1,390,280 95,447 95,447 1,294,833 Cemetery Fund 5,240 0 0 5,240 Docks Fund 53,680 6,387 6,387 47,293 4.01% 10.18% 6.14% 5.42% 6.87% 0.00% 11.90% expg4 02/14194 G.B. TO: FROM: DATE: FEBRUARY LMCD REPORT LMCD MEMBER CITIES BILL JOHNSTONE, LMCD CHAIR RECEIVED FEBRUARY 8, 1994 The following is a summary of significant actions taken by the LMCD during January 1994 and matters we intend to address in the coming months. 1. Multiple Dock Regulation. A number of Board members and multiple dock licensees have expressed an interest in simplifying the regulation of multiple docks by the LMCD in an effort to reduce the time and expense, for both the Board and the licensees, required to administer the regulations. A committee of Board members, multiple licensees and other interested persons will look at this issue and present a recommendation to the Board later this year. In response to concerns of multiple dock licensees, the Board has studied its costs of regulating multiple docks and the fees charged therefor. The results of the study for 1993 are being finalized with representatives of the multiple dock licensees. The Board will make appropriate adjustments in the fees for 1995. 2. Board Reserves. The LMCD maintains four separate accounts for its funds: (i) an operating account to pay for normal costs of operation and administration; (ii) a milfoil operating account to pay for the operation of the annual milfoil harvest, (iii) a milfoil equipment depreciation account to fund depreciation on the milfoil harvesting equipment; and (iv) a Save the Lake Fund to hold monies contributed by private persons and expended by the LMCD for special projects permitted by the contributions. In July 1993, when adopting the 1994 budget, the Board reviewed the level of its reserves and approved a policy that the operating account should maintain a reserve of six to nine months of operating expenses, the milfoil operating account should maintain a reserve of approximately one year of expenses and that we should assume a ten year depreciation schedule on the harvesting equipment resulting in a $50,000 per year funding requirement. Based on projections of reserve levels at the end of 1993 and the above described policy, the Board adopted a 1994 budget which did not apply reserves to pay 1994 operating costs. Primarily because actual 1993 expenses were lower than budgeted, our reserves at December 31, 1993 were greater than our policy calls for. response to this we have done the following: In a. At our January meeting we adopted a budget adjustment to reduce the amount of the 1994 city payments to the LMCD by $25,758 to assure that no city would be asked to make a payment in excess of the .00242 statutory limitation on city payments adopted by the 1993 Legislature. b. We asked Bob Rascop, the LMCD Treasurer, to review the reserve levels, the reasons for reserves in each of the accounts and our 1994 budget and present a proposal to the Board in February concerning the proper level of reserves and additional 1994 budget adjustments which may be appropriate. I expect that further reductions in the 1994 city payments will be made by the Board in response to Bob's review and proposals. We invite the views of cities on this matter. 3. Milfoil Contributions. Questions have been raised concerning whether the city payments to the LMCD for the milfoil program were voluntary or mandatory and whether they were authorized to be made. When the milfoil program was started in 1989, it was funded from private donations and contributions requested of the cities. Because of the timing of the program's start, the cities were asked to make 1989 contributions outside of the LMCD's normal budgeting cycle. Thereafter, in 1990 through 1993, the city milfoil payments were separately identified in the LMCD's annual budgets that were submitted to the cities for review and comment and approved by the LMCD. From time to time individual Board memberS, no doubt recalling the 1989 fund drive, have described the payments as voluntary or city contributions. However, so far as I can tell from the official records of the LMCD, there was no formal determination by the Board after 1989 whether the payments requested of the cities were voluntary or mandatory. The payments were merely included in the annual budgets. We have received an opinion from the LMCD's attorney analyzing the matter. In short, the opinion concludes that, whether regarded as voluntary or mandatory, the payments were authorized to be made by the cities and received and expended by the LMCD. A copy of the opinion is being provided to each city. As noted above, we have reduced the 1994 city contribution to assure that each city is within the new statutory expenditure limitation. In the context of preparing the 1995 budget, we will discuss the nature and amount of milfoil funding with the cities. 4. Environmental Matters. The Board has been discussing the appropriate role of the LMCD in addressing environmental issues affecting the lake. Under state law and the Management Plan, the LMCD is charged with some responsibility with respect to the lake's environmental quality as are a number of other governments and agencies. However, the Board has concluded that the LMCD's role must be limited and not duplicate the actions of other governments or agencies. This does 2 not mean that the LMCD is not concerned about environmental issues facing the lake. It is and will remain so. It is essential that the lake's condition be preserved and improved. In the near term we intend to focus our efforts on two areas: (i) the collection, organization and publication of existing information concerning the lake's condition and environmental quality and (ii) the education of the Board and public concerning environmental issues and concerns. 5. Dissolution Resolutions. Approximately one-half of the cities have acted on the dissolution resolutions. The remainder are expected to do so within the next two months. While the process is sometimes uncomfortable, it has promoted discussion, both on the Board and within the cities, concerning the proper role and function of the LMCD and its performance. The comments of the cities, both favorable and unfavorable, have been heard by me and the Board. We have already begun to address some of the concerns and will consider and respond to the other criticisms. 6. Other Matters. a. Working with cities, the Board has completed the adjustment of individual member's terms to assure that terms will be completed on a staggered basis. Presently, eight members have been on the Board fewer than three years. b. Final comments from cities and other interested parties concerning the lake access report will be received and considered over the next several weeks and the report completed and issued shortly thereafter. This is a difficult issue, but I believe that we have made good progress and the report will lay out a reasonable process for meeting the public access requirements for the lake. c. We have developed some preliminary concepts about alternative user based revenue sources, namely the sharing of a part of boat license fees, to cover some lake management costs presently born by local governments. We intend to start discussions with the state and other interested parties this spring to see if the proposal can be implemented. d. We intend to hold a public hearing in February to discuss the question of shoreline lighting. The purpose of the hearing will be to learn whether this is an issue that is important to lake users and residents, whether it is already adequately addressed by city regulation and whether it can and should be addressed by the LMCD in cooperation with the cities. The LMCD only has jurisdiction over lights on docks. Lights on land are subject to city regulation. If you have any questions or comments concerning the above, please let me know. Business telephone 340-2815 and home telephone 476-8725. 3 Attorneys at Law ROBERT A. ALSOP RONALD H. BATTY b'TEPHEN J. BUBUL JOHN B. DEAN MARY G. DOBBINS ~TEFANIE N. GALEY CORRINE A. HEINE JAMES $. HOLMES DAVID J. KENNEDY JOHN R. LARXON WELUNGTON H. LAW CHARLES L. LEFEVERE January 12, 1994 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9.100 Facsimile (612) 337-9310 WRITER'S DIRECT DIAL 337=9215 RECEIVED JOHN M. LEFEVRE, JR. ROBERT J. LINDALL LAURA lC MOLLET BARBARA L. PORTWOOD JAMES M. STROMMEN JAMES J. THOMSON. JR. LARRY M. WERTHEIM BONNIE L. WILKINS GARY P. WINTER DAVID L. GRAVEN (1929-1991) OF COUNSEL ROBERT C. CARLSON ROBERT L. DAVIDSON ROBERT C. LONG Gene Strommen Lake Minnetonka Conservation District 900 E. Wayzata Blvd., Suite 160 Wayzata, MN 55391-1836 RE: LMCD Charges to Cities Dear Gene: Several cities have raised several issues relating to the legality of past and future payments by the cities to the LMCD. You have asked for my comment on these issues. I. BACKGROUND. The issues, as I understand them, relate to payments made for the years 1989 through 1993 as well as payments to be made for 1994 and future years. In 1989, the LMCD approached the lake cities and requested that they participate in the mi]foil control program for that year. Cities were requested to participate in the program by providing funding in the same amount as each city's payment in support of the LMCD budget. Some cities participated to that extent and others to a lesser extent. This occurred after the 1989 budget was approved and certified; therefore, payments were supplementary to the normal payments to tile LMCD in support of its approved budget. Payments for 1989 were clearly not required by statute, but were voluntary. For the years 1990 through 1993, all money paid by the cities was in support of the approved budget. For some or all of these years, the amount certified to the cities exceeded the amount which the cities were authorized to raise by ad valorem tax levy under the LMCD Enabling Act. For the year 1994, the total amount of the LMCD budget exceeded the amount which the LMCD can charge cities unless 3/4 of the cities approve such an access levy. Severai issues have been raised regarding these funds which have been and will be provided by the cities. For the reasons, given below, I am of the opinion that the payments made to date by the cities are legally defensible and proper municipal expenditures. LKll0-4 ~ ..;~q.C.~~ Gene Strommen January 12, 1994 Page 2 II. PAYMENTS AS MANDATORY CONTRIBUTIONS IN SUPPORT OF THE LMCD BUDGET. A. Introduction. Most, but not all, of the cities' payments may be defended as mandatory contributions in support of the LMCD budget as required by the enabling act. The LMCD Enabling Act (laws 1967, Chapter 907 as amended by laws 1969, Chapter 272, and as later codified in Minnesota Statutes, § 103B.601-.645) requires the cities to pay to the LMCD the amount certified to them in accordance with pl:ocedures set forth in the statutes. Most of the payments in question fit into this category. That is, as explained below, they were required by law whether or not some people may have regarded them as voluntary at the time. B. Supplementary Payments for Milfoil Control in 1989. As I understand the facts in this case, the 1989 supplementary payments for the milfoil program were solicited and paid outside of the normal process of budget approval and submission of charges to the cities. Such payments were not mandatory and therefore cannot be defended as such. The legal authority for such payments would have to be based on other grounds, such as those described in part III of this letter. C. Payments for the Years 1990 through 1993. It would appear to me that the payments for the years 1990 through 1993 can be defended as mandatory payments. The only reason there seems to be any question about this is that the amount included in the LMCD budget and assessed against the city by the LMCD exceeds the amount which the cities were authorized by law to raise by ad valorem tax levy for the LMCD. Therefore, it seems to have been assumed by some that only assessments up to the amount of the cities' levies were mandatory and any excess amounts were voluntary. Until recently, however, the law did not specify any limits on the amount which the LMCD could budget and charge to the cities. Cities were required to pay whatever amount was assessed by the LMCD. Section 5 of laws 1967, Chapter 907 as amended by laws 1969, Chapter 9.72 provided in part that "it shall be the duty of the governing body . · · of each municipality in the district to provide the funds necessary to meet its proportion of the total cost to be borne by the municipalities as finally certified by the directors ...". The law provided that funds for such purposes could be raised by the city by any lawful means at its disposal. Section 5 of the enabling act further provided that the funds paid by the municipalities were to be ". · · raised by any means within the authority of the municipalities and [paid] into the treasury of the district in amounts and at times the treasury of the district [required]." CI,/,64045 ~J~110-4 Gene Strommen January 12, 1994 Page 3 Among the ways the cities were authorized to raise funds was an ad valorem tax levy authorized by the enabling act. Under the original enabling act, each city could levy one mill on the taxable property within the city. In 1990 the law was changed to limit the amount each city could levy to .00242% of taxable market value. Therefore, each city was limited in the amount of ad valorem tax which it could levy to support the LMCD; however, the LMCD was not limited in the amount it could budget and charge to the cities. If the LMCD chose to charge a city an amount exceeding the city's authority to levy ad valorem taxes under the enabling act, the city would be required to raise the funds from some other source. Such sources could include, for example, investment income, gifts, or grants. Additionally, there is separate statutory authority for cities to levy ad valorem taxes (up to the lesser of . 01596% of taxable market value or 50 cents per capita) for control or destruction of harmful or undesirable aquatic vegetation or cooperation with other governing bodies in such control or destruction. Minnesota Statutes,, § 103G.625. Therefore, given the fact that the amount by which the LMCD charge to the cities exceeded their authority to levy ad valorem taxes under the enabling act by a very small amount and the fact that a very substantial part of the total LMCD levy was for milfoil control program, I believe that the entire amount could have been raised by the cities through ad valorem tax levies. It may have been believed that the ad valorem tax specified in the enabling act was the limit of the authority of the LMCD to certify its cost to the cities, but I find no support in the law for that assumption. Therefore, although it appears that 1989 payments in excess of the original amount certified were voluntary, the 1990 through 1993 payments were not. At least they were not required to be voluntary by reason of being in excess of any limits on LMCD budget, because there were no such limits for those years. It may be that some of the LMCD directors intended that the milfoil control portion of the amount certified to the cities in those years was a matter of voluntary participation by the cities (just as it had been in 1989). However, for 1990 through 1993, the costs of the milfoil control program were treated as a part of the total budget which was certified in accordance with law to the cities. I am not aware of anything in the procedure followed which suggests that the payment was expected to be voluntary, and, if statements attributed in the newspaper to several city officials are accurate, it was not the understanding of the cities that these payments were voluntary. If the board were to determine that participation in the milfoil program was in fact, voluntary, I believe that they could treat it as such. However, I have seen nothing in the law or the proceedings which compels that determination; and unless the board makes such a determination, it is my opinion that payments for 1990 through 1993 can be defended as mandatory payments. ~lf CI~6404.~ L~110-4 Gene Strommen January 12, 1994 Page 4 D. Payments for 1994. Payments for 1994 do not stand on the same footing as payments for 1990 through 1993. In 1993 the law was changed. Minnesota Laws 1993, Chapter 375, Article 7, Section 1 (which by section 29 was made effective for taxes levied in 1993 and payable in 1994 thereafter). Under this law there is a limitation on the amount which the LMCD can certify and collect from the cities. The law amends Minnesota Statutes, § 103B.635, subd. 2 and limits "the total funding from all municipalities in the district" to ".00242% of the total taxable market value within the district, unless three-fourths of the municipalities in the district pass a resolution concurring to the additional costs." Therefore, unless 3/4 of the cities pass resolutions concurring to such additional costs, the total mandatory funding for the LMCD from the cities is limited to .00242% of the total taxable market value within the district. Upon such approval by the cities, the entire amount would be mandatory for all cities. I do not know whether 3]4 of the cities have adopted such resolutions. No form of resolution or procedures for adopting such resolutions of approval are specified in the statute. Therefore, arguably city resolutions approving the LMCD budget, or even resolutions approving city budgets in which the city's share of the total LMCD budget is included could be deemed to be such resolutions of approval. If such approval has occurred, payment of the entire amount certified to each city would be mandatory. If no such approval has occurred, no more than an amount equal to . 00242% of the total taxable market value within the district would be mandatory and that amount would be allocated among the cities in accordance with the statute. As in the case of the 1990 through 1993 payments, if the intent of the board was to make contributions for the entire milfoil budget voluntary, it could make a determination to that effect, even though the law would allow higher mandatory charges up to .00242% of total taxable market value, and up to the entire budgeted amount if 3]4 of the cities concurred. III. VOLUNTARY PAYMENTS IN SUPPORT OF THE MILFOIL CONTROL PROGRAM. An opinion has been given to one city to the effect that municipalities are not authorized to make cash donations. In general, I would agree with this opinion. It is a basic tenet of municipal law that a city council holds the property of the city in trust for the public and therefore cannot give such property away. In Minnesota, however, there is authority for some donations provided the donee is another governmental body. Minnesota Statutes,, § 465.035 authorizes one city to donate real estate to another city, and Minnesota Statutes, § 471.85 authorizes one city to donate personal property to another. However, the attorney general has given the opinion that this authority does not extend to donations of cash. Presumably this distinction is based on the assumption that a city will not give something away without first determining that it is no longer needed for that city's purposes; however, it can CI, L64045 ~KllO-4 Gene Strommen January 12, 1994 Page 5 never be said that a city no longer has a need for cash. On the other hand, the distinction seems a bit iliogicai since the land or personal property which a city is authorized to give to another city can have a substantial cash value and giving away such property has exactly the same practicai effect on the tax payers as giving away cash. However, I do not believe that this doctrine is applicable to the payments made by the cities to the LMCD. While cities cannot make gifts of cash, they can voluntarily participate in joint projects. Joint exercise of municipai powers is authorized by Minnesota Statutes, § 471.59. More specifically, the law authorizes cities to "cooperate with otl~er governing bodies" in the control or destruction of harmful or undesirable aquatic vegetation in public waters. Minnesota Statutes, § 103G.625. Miifoil control in Lake Minnetonka benefits the cities around the lake. The program could have been undertaken by the cities themselves. However, in this case, the LMCD proposed a program for milfoil control and a budget for that program. The cities paid funds for the proposed program and those funds were expended for that purpose. The payment by the cities, although voluntary, was not a gift. The cities received vaiue for the payments which they made to the cooperative milfoil control effort and the funds paid by the cities were expended for the agreed upon purpose. Therefore, even if payments for miifoil control are not mandatory, I believe that they would be defensible public expenditures by the cities as a joint project for the control of milfoil. In my opinion, a suit challenging the payments by the cities for the milfoil budget on the basis that they were an illegal gift of public funds would not be successful. IV. REQUEST FOR REFUNDS. I understand that several cities have requested refunds for payments previously made by them. As a practical matter, it may be difficult to refund money to the cities which has aiready been spent by the LMCD. The LMCD budget was submitted to the cities, the cities paid the assessments in accordance with that budget, and the money has been spent for the project for which the expenditure was intended. The funds are no longer available for refund. The total milfoil budget for 1989 through 1993 would be well over $300,000. Additionally, it would be difficult to justify a refund as a legal matter. If the board determines that the payment was a mandatory payment in support of the LMCD budget, there would be no legal authority to give the money back to a city. If the board determines that the payment was a matter of voluntary participation in a joint milfoil program, and if the funds have not yet been expended, the LMCD could agree to return funds paid by the cities. However, if the funds have been expended for the purpose for which they which they were secured, it would not be a matter of simply allowing the city to withdraw from voluntary participation. Rather, it would be a matter of raising money for the purpose of giving it to the city. I do not know of any legal authority which would allow the LMCD to raise money for such a transfer of cash to a city who has participated in the milfoil program in past years. Just as the cities are not authorized to make a gift to the LMCD, it would not be authorized for the LMCD to make a gift to the cities. If monies have already been 7 CLL64045 LKllO-4 Gene Strommen  nuary 12, 1994 Page 6 expended for the milfoil program, raising new money for the purpose of giving it to the city where no value would be received by the LMCD, is probably not an authorized expenditure of LMCD fund. V. UNPAID ASSESSMENTS FOR 1993. I understand that one city has not yet paid one-half of its 1993 assessment for support of the LMCD budget. If the board determines that all payments for 1993 were mandatory, the full amount should be paid. If the board were to determine that the portion of the budget intended to support the milfoil program was a matter of voluntary participation in a joint program, it could perhaps authorize withdrawal from the program so that some part of the milfoil control budget which was not expended could be refunded to the withdrawing community or treated as an offset to that part of the 1993 payments which the board regards as mandatory. Generally, however, it seems to me that refunds or forgiveness of 1993 payments, or some part of such payments would be on the same footing as refunds of payments made for prior years. VI. NON-PAYMENT OF ASSESSMENTS IN SUPPORT OF THE 1994 BUDGET. If the charges submitted to the cities are viewed as mandatory, the 1993 amendment to the enabling act would authorize a total charge to the cities of more than .00242% of total taxable market value only by concurrence of 3/4 of the cities. If 3/4 of the cities have concurred, the entire amount of the 1994 charges to the cities can be treated as mandatory. If 3/4 of the cities have not concurred, the total mandatory charges to the cities could not exceed. 00242% of market value, and the total charges to the cities should be reallocated among the cities in accordance with the formula set forth in the enabling act. If this occurred, any one city could, nevertheless, support the milfofl control budget in excess of the mandatory assessment by continuing voluntary participation in the milfoil project. Please let me know ff you have any further questions on these issues. Very truly yours, Charles L. LeFevere CLL: ckr C~J~64045 L~110-4 RECEIVED -zq 1 O LAKE MINNETONKA CONSERVATION DISTRICT LAKE USE AND RECREATION COMMITTEE AGENDA Tuesday, February 15, 1994, 5:30 PM LMCD Office, Norwest Bank Building 900 E. Wayzata Blvd, Wayzata (Elevator access for Handicapped; use west entrance on Wayzata Blvd.) Hennepin County 1994 Lake Improvement Program A. Lake maintenance projects per 2/2/94 letter B. Slow buoy map; proposed additions (Item 2) Quiet Waters Areas - discussion on possible new areas to be designated quiet waters/no wake zones A. Resolution #1993-25 from Minnetonka Beach for placement of slow, no wake buoys along the eastern shore of Huntington Point to the channel at the southern tip, Lower Lake B. Cedar Point, Wayzata Bay C. Skogsberg Point, West Arm D. Channel south of Spray Island, East Upper Lake Study of Lake Minnetonka Boat Use During Summer of 1994, Request for Proposals (RFP) per draft outline proposed by DNR and LMCD staff; recommending the LMCD serve as the lead agency and enter into a contract with the DNR in a cost share agreement up to $6,000 (1/2 of the projected $12,000 project cost) Proposal for Code amendment to add Coast Guard Charter Boat safety standards to Sect. 3.07. Watercraft for Hire, per request of Hennepin County Water Patrol Special Event Definition - resubmission of 11/17/93 memo for committee recommendation Shoreline boat inventory, staff recommendation to conduct biannually Water Patrol Report A. Monthly Activity Report (handout) B. Fishhouse count Pending issues before the committee (not ready for discussion at this time) A. "Responsible wake" education brochure B. Lakeshore. lighting subcommittee, public hearing to be held 2/23/94 9. Additional business 2/9/94 i C m RECEIVED ,-~' February 14, 1994 Edward J. Shukle, Jr., City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Shukle: This is to inform you that the application by Community Builders for funding from the Community Rehabilitation Fund Program of the Minnesota Housing Finance Agency (MHFA) was not funded. Apparently they received 51 proposals totaling over $12 million dollars. They could only fund approximately $2 million. We had anticipated hearing on these funds in December but the large number of applicants required MHFA to take additional time for reviewing the proposals. We did not hear the results until February llth. While we are disappointed that our proposal was not funded we will not be giving up our efforts to implement a lease to purchase program in suburban Hennepin County. TCF has indicated that they are willing to work with us on the program and we are actively seeking funds from other organizations. We will also be talking with the staff of the MHFA to seek out other opportunities. The Board of Community Builders would again like to thank the Mound City Council for its endorsement of our proposal. We want to also thank you for your assistance and will keep you informed of developments regarding this proposal. Sincerely, President 4100 Vernon Avenue South · St. Louis Park, Minnesota 55416 · (612)920-5533/Fax: (612)929-7480 Plan to attend the... League of Minnesota Cities Legislative Conference Tentative Program 9:15 a.m. President's Message Thursday, March 24 Radisson St. Paul Hotel 11 East Kellogg Boulevard St. Paul, MN 55101 9:30 a.m. Local Govemment Aid-What's Up-What's Down The Real Sto~y 10:.30 a.m. Legislative Leaders Panel Legislators will respond to questions from a panel of city officials 11:30 a.m. Lunch (Representative Iw Anderson invited to speak) 1:00 p.m. 2:00 p.m. What's Hotl League staff will brief you on the three most Important issues to discuss with your legislators Meet with your legislator st the State Capitol (transportation furnished) Schedule time with your legislator in advance to discuss issues affecting your city 4:00 p.m. Forum on Term Limits (All legislators Invited) Legislators and organizations which support or oppose term limits will state their positions and respond to questions. The League opposes term limits for city officials, but what do you think? 5:00 p.m. Reception (Ali legislators Invited) Page 6 Meet your legislators to discuss the issues LMC Cities Bulleti,, RECEIVEO :'EB 1 6 ~ February 14, 1994 To: All Muldple Dock Licensee From: The Multiple Dock Owner Association Enclosed you will f'md a report from Bill Johnstone, Chairman of the LMCD, to all member cities. His reporting regarding the multiple dock fees study and the envelope concept is accurate assessment of where we are at this time with the LMCD. The LMCD has asked us to designate representatives from four different criteria to study the envelope concept. These representatives will cany your thoughts and interests to this process. They are as follows: the Mayor of Deephaven, Howard Bennis, and the Mayor of Tonka Bay, Vern Haug, (alternate) will be representing the municipalities. Paul Pederson and Gabriel Jabbour (alternate), will be representing the marinas. Forest Lake Home Owners Association will be representing Home Owner Associations, and Steve Wood will be representing the LMLOA. Please communicate with any or all of us regarding the above issue. FEBRUARY LMCD REPORT TO: FROM: DATE: LMCD MEMBER CITIES BILL JOHNSTONE, LMCD CHAIR FEBRUARY 8, 1994 The following is a summary of significant actions taken by the LMCD during January 1994 and matters we intend to address in the coming months. 1. Multiple Dock Regulation. A number of Board members and multiple dock licensees have expressed an interest in simplifying the regulation of multiple docks by the LMCD in an effort to reduce the time and expense, for both the Board and the licensees, required to administer the regulations. A committee of Board members, multiple licensees and other interested persons will look at this issue and present a recommendation to the Board later this year. In response to concerns of multiple dock licensees, the Board has studied its costs of regulating multiple docks and the fees charged therefor. The results of the study for 1993 are being finalized with representatives of the multiple dock licensees. The Board will make appropriate adjustments in the fees for 1995. 2. Board Reserves. The LMCD maintains four separate accounts for its funds: (i) an operating account to pay for normal costs of operation and administration; (ii) a milfoil operating account to pay for the operation of the annual milfoil harvest, (iii) a milfoil equipment depreciation account to fund depreciation on the milfoil harvesting equipment; and (iv) a Save the Lake Fund to hold monies contributed by private persons and expended by the LMCD for special projects permitted by the contributions. In July 1993, when adopting the 1994 budget, the Board reviewed the level of its reserves and approved a policy that the operating account should maintain a reserve of six to nine months of operating expenses, the milfoil operating account should maintain a reserve of approximately one year of expenses and that we should assume a ten year depreciation schedule on the harvesting equipment resulting in a $50,000 per year funding requirement. Based on projections of res~erve levels at the end of 1993 and the above described policy, the Board adopted a 1994 budget which did not apply reserves to pay 1994 operating costs. Primarily because actual 1993 expenses were lower than budgeted, our reserves at December 31, 1993 were greater than our policy calls for. In response to this we have done the following: MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION FEBRUARY 10, 1994 Present were: Vice Chair Tom Casey, Commissioners Marilyn Byrnes, Peter Meyer, Janls Geffre, Mary Goode, and Bill Darling, Council Representative Andrea Ahrens, Parks Director Jim Fackler, and Secretary Peggy James. Commissioners Schmidt and Steinbring were absent and excused. The following persons were also in attendance: Scott Schmieg, Joel Laskey, and Brian Stevenson. MINUTES MOTION made by Byrnes seconded by Good. to approve the Park and Open Space Commission Minutes of January 13, 1994 as written. Motion carried unanimously. AGENDA CHANGES The following items were added to the agenda: IO.A. Pelican Point IO.B. Music in the Parks PUBLIC LAND PERMIT~; - BATCH #2 Parks Director, Jim Fackler, reviewed the format developed by staff to present public land permits for updating. Fackler stressed that the Park Commission should be utilizing the flow chart when reviewing these items, especially the items noted by staff that need special consideration for something out of the norm. Fackler referred to "Batch #2" attached to the staff report which lists the dock sites that have private structures such as stairways, or some other type of encroachment, located on public lands. These encroachments have been inspected by the Building Official and Dock Inspector according to the Procedure Manual. Minor maintenance of some stairs is needed. Stairway types vary, such as metal, wood, landscape timbers, or masonry products, and some types tend to cause minor erosion to the slope. Staff will work with the affected dock site holders to correct erosion and insure maintenance is completed, and stairs are reasonably safe. Staff recommended approval of Public Land Permits for "Batch #2", subject to the following conditions: The permits will expire five (5) years from the date of City Council approval, unless otherwise noted in the 'Comments" column on "Batch 82'. The permits must be renewed with change in dock license holder. Park and Open Space Corem~ss~on M/nutes February lO, I994 3. Repairs to stairways, and erosion control measures be made as required by the Building Official and Parks Director. Batch #2 Public Land Permits Park and Open Space Commission 2/10/94 DOCK ABUTTING ADDRESS ENCROACHMENT COMMENTS SITE 02605 1580 HERON LANE STAIRWAY 02635 1580 HERON LANE STAIRWAY 02665 1580 HERON LANE STAIRWAY 02695 1601 PARADISE LANE STAIRWAY 02720 1601 PARADISE LANE STAIRWAY 02750 1601 PARADISE LANE STAIRWAY 02780 1601 PARADISE LANE STAIRWAY 02870 END OF THREE PTS. STAIRWAY BLVD. 02900 END OF THREE PTS. STAIRWAY BLVD. 02930 END OF THREE PTS. STAIRWAY BLVD. 10310 1779 WILDHURST BIRD HOUSE *PENDING DISCUSSION LANE 10520 1745 WILDHURST STAIRWAY LANE 12490 1733 GULL LANE RETAINING WALLS 12550 1729 GULL LANE STAIRWAY STAIRWAY UNSAFE. DOCK SPACE NOT USED AT THIS TIME. RECOMMEND STAFF WORK WITH ABUTTING OWNER AND REMOVE STAIRWAY. A DOCK PERMIT WILL NOT BE ISSUED FOR THIS SITE UNTIL RESOLVED. 12580 1724 FINCH LANE STAIRWAY 2 Park and Open Space Corn/n/ss/on M/nutes February 10, 1994 12610 1728 FINCH LANE FLAG POLE *PENDING DISCUSSION 13090 1729 DOVE LANE STAIRWAY, TIMBER 13300 1737 CANARY LANE STAIRWAY 13390 1736 BLUEBIRD LANE STAIRWAY, APPROVAL RECOMMENDED RETAINING FOR STAIRWAY ONLY. WALLS, AND RETAINING WALLS AND GARDEN GARDEN AREA ARE NOT INCLUDED IN THIS RECOMMENDATION. * PENDING DISCUSSION These items need discussion. Plantings, flag poles, etc. can make a public area look private, we need to set guidelines. Please refer to the Flow Chart and Use Plan for discussion. Vice-chair Casey suggested that the Park Commission approve the permits for the stairways which do not require any discussion, as noted in the comment column of "Batch 2". Casey asked if anyone present had comments relating to any of the stairways being presented for approval. Brian Stevenson of 1580 Heron Lane stated that he does not feel the stairway for Dock Site 02665 is safe. Fackler explained that condition #3 within the staff report states that staff will work with the dock site holders to ensure that the stairways are maintained in a safe condition. Ahrens stated that she would like to know which stairways do not require any repairs. It was also suggested that it be noted if the dock site is used by the abutting property owner or by a nonabutter. MOTION made by Goode, seconded by Meyer, to recommend approval of the permits for the following dock sites, as recommended by staff. DOCK ABUTTING ADDRESS ENCROACHMENT COMMENTS SITE 02605 1580 HERON LANE STAIRWAY 02635 1580 HERON LANE STAIRWAY 02665 1580 HERON LANE STAIRWAY 02695 1601 PARADISE LANE STAIRWAY 02720 1601 PARADISE LANE STAIRWAY 02750 1601 PARADISE LANE STAIRWAY 02780 1601 PARADISE LANE STAIRWAY Park and Open Space Commission Minutes February 10, I994 02870 END OF THREE PTS. STAIRWAY BLVD. 02900 END OF THREE PTS. STAIRWAY BLVD. 02930 END OF THREE PTS. STAIRWAY BLVD. 10520 1745WILDHURST STAIRWAY LANE 12580 1724 FINCH LANE STAIRWAY 13090 1729 DOVE LANE STAIRWAY, TIMBER 13300 1737 CANARY LANE STAIRWAY Motion carried unanimously. Ahrens suggested that in the future the Commission look carefully at stairway locations, as there may be alternatives for accessing the dock sites. It was requested that the type of commons also be included on the "Batch" form. Dock Site//10310.1779 Wildhurst Lene. Bird House. The subject bird house is a martin house on a metal pole. The following points were raised: The bird feeder does not interfere with the use of the common. This area of common is accessible and traversable. There is room on private property for the bird feeder. It was questioned if there are martins in the house, because if the house is not maintained sparrows could move in. The City is thinking about putting bluebird houses on the commons. Should bird feeders be allowed at every dock site? Intent is not to have the commons appear private. Is there a negative impact? MOTION made by Goode to recommend that the bird house be moved onto private property before issuing a dock license for this site. Motion seconded by Casey. Ahrens noted that recently a permit was approved to allow a shed to remain for three years and at that time the permit would not be renewable, and she feels the bird house should also be able to remain for at least three years if a shed may remain. MOTION withdrawn by Goode. ')3o Park and Open Space Commission Minutes February I0, 1994 MOTION made by Goode, seconded by Casey, to recommend approval of a there year non-renewable permit for the bird house located on W|ota Common abutting 1779 Wildhurst Lane, Dock Site #10520. Motion carried 6 to 1. Those in favor were Goode, Casey, Darling, Byrnes, Meyer, and Geffre. Ahrens opposed. The Commission confirmed with staff that a letter will be mailed to the owner of 1779 Wildhurst Lane explaining the action taken. Dock Site #12490.1733 Gull Lane, Retaininq Walls, The retaining walls on Wiota Common abutting 1733 Gull Lane, Dock Site //12490 were discussed. It was noted that the walls were privately constructed and they are in good condition. MOTION made by Byrnes, seconded by Goode to recommend approval of a 5 year permit for the retaining walls as recommended by staff. Motion carried unanimously. Dock Site 812550, 1729 Gull Lane, Stairway, Fackler explained that this stairway consists of cement blocks imbedded into the hill. This dock site is not utilized by the abutting owner or any other individual. Fackler noted that there is not much need for a stairway in this area as there is a stairway at the end of gull, and then the bottom of the hill is traversable to this dock site. Fackler also noted that the slope is not so steep that it would not be difficult to repair the grade. MOTION made by Ahrens, seconded by Byrnes to table this request until staff can discuss removal of the stairway with the abutting owner. Motion carded 6 to 1. Those in favor were: Ahrens, Byrnes, Goode, Casey, Geffre, and Meyer. Darling opposed. Dock Site 12610, 1728 Finch Lane, FlaQ Pole_. Fackler announced that this flagpole has been removed from the common. Dock Site//13390, 1736 Bluebird Lane. Stairway. Retainin.q Walls and Garden, The need for this retaining wall was discussed. The abutting owner, Scott Schmieg, stated that the previous owners of the house told him that the City installed the wall. Fackler stated that he is not familiar with the site. MOTION made by Darling, seconded by Meyer to table this request pending a staff report on the need for the retaining wall. Motion failed 5 to 2. Those in favor were Darling and Meyer. Those opposed were Byrnes, Ahrens, Casey, Goode, and Geffre. Mr. Schmieg stated that it is his opinion the retaining wall is needed to help prevent erosion; the size of the wall is approximately 2' high by 12' long and is constructed of log timbers. Park and Open Space Commission Minutes February 10, I994 The Parks Director retrieved a photograph of the property from his office and the Commission and staff reviewed the photo. Jim questioned Shoreland Management requirements relating to retaining walls constructed within a bluff impact zone. Mr. Schmieg stated that the wall is not for a garden or a planter, but last year he planted some marigolds on the inside of the wall. If he had his preference, he would rather have the wall remain as is. MOTION made by Darling, seconded by Casey to recommend approval of the stairway and ask that the retaining wall be removed, and that the retaining wall at 1733 Gull Lane be reassessed. Casey questioned staff if the hillside could be restored if the retaining wall is removed. The Parks Director believes the area could be restored, but questioned who should be responsible for removal. Scott Schmieg stated that he believes there is a lot of run-off from the street and that is why the wall was put up. Motion failed 3 to 4. Those in favor were: Darling, Casey and Meyer. Those opposed were: Byrnes, Ahrens, Goode, and Geffre. MOTION made by Ahrens, seconded by Byrnes to recommend approval of a five year permit for the retaining wall. Motion carried 4 to 3. Those in favor were: Byrnes, Ahrens, Goode, and Geffre. Those opposed were: Dading, Casey and Meyer. It was noted that the garden was not included in the approval of the retaining wall. The Parks Director explained to the Commission that parameters should be set for allowing plantings on the commons. Ahrens commented that she does not see marigolds as a negative impact to this commons. MOTION made by Byrnes, seconded by Ahrens to allow marigolds to be planted by the retaining wall on Wiota Commons abutting 1736 Bluebird Lane. The Commission discussed guidelines for plantings on the commons. Motion withdrawn by Byrnes and Ahrens. MOTION made by Ahrens, seconded by Casey to have the Park and Open Space Commission to develop a policy for allowing plantings and gardens on the commons. Motion carried unanimously. It was suggested that the Commission meet at 6:00 p.m. on Thursday, March 10, 1994,just prior to the regularly scheduled meeting, to discuss this issue. MOTION made by Ahrens, seconded by Casey to table the request for a permit to allow a garden on Wiota Commons abutting 1736 Bluebird Lane until a policy for plantings on the commons is established. Motion carried unanimously. Andrea Ahrens was excused from the meeting. 73 - 6 Park and Open Space Cornrniss/on Minutes February 10, I994 BUDGET DISCUSSION: CAPITAl- OUTLAY FOR 1995 PARK IMPROVEMENTS The Park Commission was to bring their ideas for budget requests to the meeting. Parks Director, Jim Fackler, reviewed a memorandum written by the City Manager regarding "1994 Budget - Definition of Capital Outlay and Budget Calendar." Fackler explained that it is nice to prepare early with budget requests because it takes time to get quotes for costs and to get a consensus on what should be requested. Fackler confirmed that the Park Commission can request anything, as long as it is in his budget. Those Commission members who brought their ideas for the 1995 budget listed their items, as follows: 1. Clean up the proposed NCA's, trash removal and noxious weeds. 2. Replace and repair picnic tables. 3. Put a City logo on trash receptacles. 4. Plant some shade trees in Swenson Park. 5. Playground structure at Highland Park. 6. Split rail fence and wild flower garden at Doone Park. 7. Cooperation with Community Services for a skating rink on (maybe) school property. 8. Money ($500) for flowers for the Adopt-a-Green Space Program. 9. Showmobile. 10. Money for the Celebrate Summer series. 11. Volleyball courts. 12. Benches and trash receptacles. 13. Tennis Court at Philbrook Park. 14. Riprap repairs on Wychwood Commons. 15. Steps at road ends to access docks sites. 16. Activities at Pond Arena in conjunction with Community Services. 17. Health Club at Lost Lake area. 18. Development of a walking/biking trail system. 19. Park maintenance. 20. Acquisition of large open spaces (Pelican Point). The Parks Director noted that more specific information would be needed on the NCA's. Casey suggested that the Commission prioritize the list. Byrnes agreed, and noted that the community needs more activities for the young adults, junior and senior high kids. Goode suggested that the Economic Development Commission seriously look at the possibility of a health club at the Lost Lake site. It was suggested that inquiries be made with the City of Chaska on how they got their Community Center developed. MOTION made by Goode, and seconded by Byrnes, to request the City Planner to check with the City of Chaska on the feasibility of developing a health club at the Lost Lake site. It was noted that it may be premature to ask for a feasibility study at this time. Fackler stated that he can check with the Planner to see where they are at with the development of the Lost Park and Open Space Commission Minutes February 10, 1994 Lake Property. Fackler also offered to get rough estimates for the list of 1995 budget items. The secretary explained that the Park Commission cannot request the City Planner to do research without the approval of the City Council as the Planner is a consultant, so the motion would need to be made in the form of a recommendation to the City Council. The motion was withdrawn. Casey requested a report from City staff on the tax value of the Pelican Point property. He stated that this is probably one of the last open spaces in the City of Mound and when it is gone it is gone forever and a development proposal is pending. He would like to be kept apprised of where the development process of this property is, and also a ball park land value for this property. Regarding NCA's, Casey noted that a concern has been expressed in the past on how the City will pay for the maintenance of NCA parcels and therefore the number of NCA's is being limited. He would like to know why the City cannot afford to protect this property. So, he would like to know from City staff the maintenance ideas in order to keep the parcels in a natural state without any development at all. Darling questioned if there is a way for the Federal government to come in a declare a piece of land an NCA or to help with funding to keep the land that way. Darling suggested that the Park Commission take a different approach in determining the budget needs for 1995. He suggested that the Commission identify the "needs", such as more activities for the youth. A wish list does not work. The following procedure was proposed by Darling: 2. 3. 4. 5. 6. Develop a list of "needs" (these should be 'needs" for the ~;Qmmunitv) Prioritize the "needs". Determine how you can meet those "needs'. What are the objectives. Identify resources. Eventually look at costs. Darling added that the City has a mission statement, and the Park Commission should tie their needs to the mission statement. MOTION made by Dading, seconded by Geffre to have the Park Commissioner's bring a 'needs' list to the next meeting. Motion carried unanimously. Darling will submit information on this process to the secretary to be put in the next packet. PLACEMENT OF NEW PLAYGROUND STRUCTURE AT MOUND BAY PARK The Parks Director explained that the new playground structure will be located in basically the same place as the existing structure, however, it will be slightly larger. Fackler explained the type of structure and the layout. The structure does not have to be handicap accessible yet, but provisions have been made to allow it to be altered to be accessible. Park and Open ~oace Commission Minutes February I0, 1994 SKATING RINKS Commissioner Meyer referred to a handout that includes information he collected from the City of Wayzata that summarizes the cost of staff time to maintain the Klapprick Field Ice Rink. Byrnes questioned staff why the City and Schools cannot cooperate with each other to develop a skating rink. Fackler indicated they had a joint meeting this summer with the Hockey Boosters and School District, and it was determined that due to lack of personnel and budget no cooperation was developed. It was discussed that maybe one large skating rink would be preferable to several smaller rinks. Having the rink at Mound Bay Park, on the lake, was discussed. Byrnes commented that she does not feel the depot should be used for a warming house because the skates would ruin the carpet, and there is a kitchen and other valuables in the building that would be open to vandalism. Fackler likes the idea of having a rink behind the Pond Arena. The Commission determined that staff should write a letter to Community Education and Services regarding the possibility of working together to develop a larger skating rink that can be used by the general public. Byrnes explained that herself, Schmidt, and Jim Glasoe from Community Ed went to see a new showmobile (portable stage) at the City of Robbinsdale. WINTER LAKE ACCESSES FOR SNOWMOBILES AND AUTOMOBILES The Parks Director briefly reviewed the information collected since 1989 on lake access sites. It was recognized that the subcommittee formed in August of 1989 never analyzed the accesses in the winter to determine appropriate use, as planned. Goode commented that she talked with the Police Department and the number of complaints regarding snowmobiles was less this year. Goode suggested getting a snowmobile association to mark the accesses. Fackler noted that most of these accesses are used by the neighborhood residents and are not access points for trails. The Commission also discussed publishing the snowmobile rules and regulations in the paper to inform people that snowmobiling is not allowed in the City parks. Darling commented that he sees two issues, 1) identifying the accesses, and 2) identifying where the snowmobiles should not be accessing. Fackler agreed, and also noted that it is difficult to control the snowmobiles. Park and Open Space Corem~ss~on Minutes February 10, 1994 SCHEDULE NEXT WORKSHOP MEETING (odor to March 10) The Commission determined to have the next workshop meeting on Thursday evening, March 3rd, at 7:00 p.m. Agenda items should be: Review Budget - "Needs" (bring your ideas). Policy for Plantings on the Commons. Utilization of Flow Chart. Copies of the entire City Budget and the inventory of encroachments on the Commons should be made available for this meeting. CELEBRATE SUMMER (MUSIC IN THE PARKS) Byrnes briefly updated that Commission on the events being planned for this summer's Celebrate Summer program. PELICAN POINT Casey requested that the Park Commission be given the opportunity to review the sketch plan for the proposed Pelican Point development. He explained that soon all of Mound's open spaces will be gone, and he would like to see the City consider acquisition of these lands. Park Director's Reoort. Jim Fackler reported that the riprapping on Devon Commons and at the end of Three Points has completed. He also briefly reviewed the progress on the removal of a boathouse on Devon Commons. MOTION made by Byrnes, seconded by Goode to adjourn the Park and Open Space Commission Meeting at 10:31 p.m. Motion carried unanimously. 10 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION February 14, 1994 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Bill ross, Jerry Clapsaddle, Mark Hanus, and Brian Johnson, City Council Representative Liz Jensen, City Engineer John Cameron, Building Official Jon Sutherland and Secretary Peggy James. The following people were also in attendance: James Veit, Catherine Veit, Dennis Brenny, and Mary Brenny. MINUTES The Planning Commission Minutes of January 10, 1994 were presented for approval. One correction was requested by Hanus on Page 8, last paragraph, as follows: "Hanus commented that he is in favor of the request, however, voted in opposition because he does not agree with the park dedication fee requirement as it is not his belief 1;hat two Dark dedication fees are consistent with th~ intent of the ordinance." MOTION made by Weiland, seconded by Clapsaddle, to approve the Planning Commission Minutes of January 10, 1994 as amended. Motion carried unanimously. INTERVIEWS FOR NEW PLANNING COMMISSION MEMBER A. LISA ANN BIRD, 4685 WILSHIRE BOULEVARD Lisa has been a resident in the Mound area for 4 years. It is her understanding that the role of the Planning Commission is to advise the Council on matters of Planning. Her understanding of the relationship between the LMCD and the City is that they are cooperative agencies. She plans to attend William Mitchell law school and she would like to practice law in the area of international business and doing business with Russia and the former eastern block countries. She does plan to continue to reside in the City of Mound after she graduates. When asked about her thoughts of the Lost Lake property, she did not feel she could give an educated answer. If money or resources were no object, she would like to see the wetland areas and undeveloped areas retained as natural habitats. Plann/ng Cornrn/ssion M/nutes February 14, 1994 In ,50 years, she would like to see Mound continue as a small town, and does not see a need to compete with the larger suburbs. She would like Mound to become sensitive on issues relating to the quality of the lake. Potential obstacles that she sees in developing the downtown area would be people's perception of growth in the downtown as she believes most people do not shop in their home town. She chose to apply for a position on the Mound Planning Commission versus another volunteer organization because she feels she is an uneducated politician and since she lives in Mound this would be an immediate contact with her life so she would like to become more knowledgeable on the issues relating to Mound. She wants to be involved in issues that could change the City. Her definition of politics is communication with people who make policies and with those who the policies affect. She believes people need to be involved in their community, become aware of issues in their community and communicate these issues with friends and family. She believes Mound does a good job of communicating with its residents. She has no problem with the meeting dates and times. Lisa would not attend a public execution. B. LORRAINE PHERNETTON, 1935 SHOREWOOD LANE Lorraine has lived in Mound for 6 years, before that she lived in Chicago, Florida, Wisconsin, and Minneapolis. Her interpretation of the role of the Planning Commission is that they approve of permits and variances and try to keep things in control in regards to community and individual needs. She feels her real estate experience relates to the Planning Commission in that you deal with easements and permits and she feels the two are very complimentary to each other. She believes that some people feel alienated by the City when they come before the Planning Commission and Council and she would like to see some type of rapport developed. Her experience in working with other committees includes being the chair of committees at work where they were changing processes and things of that nature. Her opinion on the downtown business district is that it needs help. If money or resources were not an issue, she would like to improve the business community and develop some type of recreation for the youth, such as developing a trail system or a skate board park. Planning Commission Minutes February 14, 1994 In 50 years she would like to see Mound more like excelsior with community docking, a restaurant and a movie theater, but still keep the small town atmosphere. Improvements she would like to see in the community is less exterior storage of boats, cars, etc. Obstacles that she see for the revitalization of downtown Mound is that the citizens do not patronize the businesses in Mound. She chose to apply for the Planning Commission versus another volunteer organization because she is in real estate and she is interested in learning about building restrictions, and the meeting times fit in well with her schedule, To help communication between the Planning Commission and the citizens she suggested the Planning Commission talk with neighbors of properties where a variance has been applied for. She feels the Planning Commission could do more to communicate with the citizens. She would not attend a public execution unless it was required. CASE #93-058: JAMES & CATHERINE VEIT, 2563 LOST LAKE ROAD, LOT 18, BLOCK 1, LOST LAKE, PID #24-1117-24 22 0032. EASEMENT VACATION. The Building Official explained that the applicants originally came to the Planning Commission with a request to vacate the full portion of the easement, now it has changed to involve the northerly 45 feet of the lot as shown on the revised description. In addition, a great deal more information has been supplied on the survey to help the City Engineer with his review. City Engineer, John Cameron, distributed a memorandum to the Commission which clarifies that his memo to Jon Sutherland dated 2-8-94 is not a "recommendation," and that he was only making a statement of fact. He also referred to a copy of State Statute 412.851 relating to "Vacation of Streets" which he received from Curt Pearson, City Attorney. Cameron referred to a highlighted portion of the statute, which states, "No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks published and posted notice." Cameron reviewed the revised survey dated 1-21-94 on the overhead and indicated the area of the existing detention pond. The size of the current pond would not meet current requirements if this subdivision were proposed today. He then indicated the extra area needed to expand the pond which is double the size of the current pond in order to meet today's requirements. In order to get the pond size needed, the pond would have to extend into the City property to the west. Due to the existing contour line, and the lack of easement area, the pond could not be extended to the north. The paved walkway to the south, which has a 10 foot wide easement, obstructs extension to the south. Therefore, the practical extension of the pond would be to the west. Planning Commission M/nutes February 14, 1994 Cameron also reviewed the need to retain perimeter easements for drainage and utility as existing on the balance of the lot. Weiland questioned if the walkway could be raised with a bridge or culvert. Clapsaddle questioned how much area would be gained if the walkway was raised. Cameron noted that it could possibly account for half of the extra area needed. Cameron does not know why this area became an easement versus an outlot as originally proposed in the plat application. Staff noted that the walkway cannot be moved without first obtaining a new easement. Cameron explained that the natural outlet of the pond would be to the north west corner of the extended pond as shown on the overhead, having the outlet in this location allows more area for sedimentation. Sedimentation is one of the reasons why the ponding size requirements have increased. Mueller confirmed with John Cameron that he believes the natural progression of the holding pond is to the west, onto City property. Catherine Veit, applicant, stated that she believes they have proven the fact that the portion of the easement to be vacated is not needed f~)r drainage, as required by State Statute 505.02, which states, "The purpose of any easement shown on the plat must be clearly stated, and shall be confined to only those that deal with public utilities, and such drainage easements as deemed necessary for the orderly development of the land encompassed within the plat." Cameron noted that State Statute 505.02 talks about diverting water from other areas into this pond, and when he did his calculations to determine the required size of the holding pond, he basically only considered the drainage area within the Lost Lake Subdivision with the exception of one small piece of land to the east of the Subdivision. It is the Veit's opinion that a bridge could not be constructed where the walkway is, because that would be considered a structure. Ms. Veit believes it is in the public's best interest to vacate the easement, because if it is not vacated there will be a very tall retaining wall which will not look very nice. Cameron clarified that the portion of the easement requested to be vacated is up to the south line of the walkway easement. He suggested that a 5 foot wide easement be retained to the south of the walkway easement to allow for drainage and a separation between the driveway and walkway. Hanus suggested that the house be shifted towards the rear. Ms. Veit stated that this cannot be done due to soil conditions and the line up of the other houses. 4 Planning Commission Minutes February 14, I994 Mueller expressed, in his opinion, due to the natural extension of the pond being to the west, and by allowing the construction of this house with the extra tuckunder garage, it is good for the public because this would reduce exterior storage and maintain the integrity of the neighborhood. The Building Official questioned the setback to the northwest property line which is shown at 12.44 feet, his concern was that this may be considered a rear yard and the required setback would then be 15 feet. The Building Official will verify this setback requirement with the City Planner. MOTION made by Hanus, seconded by Mueller to recommend approval of the easement vacation with the finding of fact that sufficient information has been provided to prove that the City is not going to be needing this portion of the easement for drainage in the future, and it is in the public's interest as it is not e detriment to the public not to have this easement. Approval is contingent upon the amendment of the description for the easement to be vacated, as follows: "That part of the drainage easement dedicated to the public in Lot 18, Block 1, LOST LAKE, which lies southerly of the northerly 4re~OO 50.00 feet of said Lot 18, ;n(I tO also include a 10 foot drainaqe and utility_ easement at the remaininQ _perimeter lines, not including ~;he line abutting the walkway. ross believes it is in the City's best interest to retain the easement for future use. Clapsaddle feels this is a false problem as this site does not dictate the proposed house configuration, however, he will probably vote in favor of the motion because he does not feel it is a detriment to the City to vacate the easement. Weiland agreed with Voss, and believes that State Statute 412.851 applies as it is not in the interest of the public to vacate the easement. Mueller stated, in his opinion, State Statute 412.851 does not apply to the vacation of "easements." The title of this section is "Vacation of Streets." This is private property with an easement on it. Mueller also stressed that the City Engineer stated that this easement area is not necessary. The City Engineer clarified that he stated, it does not "appear" that it is necessary, and it is not a logical extension of the pond due to existing conditions. 5 Planning Comm/ssion Minutes February 14, 1994 Hanus moved to amend his motion to read as follows: MOTION made by Hanus, seconded by Mueller to recommend approval of the easement vacation with the finding of fact that sufficient information has been provided to prove that the City is not going to be needing this portion of the easement for drainage in the future,,..,,--'~ it .., ~ ....... :_ o,.A p[:b:';c'c,...,,~.,,o,: ....... ° ° ,.~ .t:..,: .... ..,,, & .,Ao.:___o ... or. .... *":- --° °- ""'"' °~': .... --- -° and that State Statute 412.851 entitled 'Vacation of Street~' i~ not relevant to this case. Approval is contingent upon the amendment of the description for the easement to be vacated, as follows: "That part of the drainage easement dedicated to the public in Lot 18, Block 1, LOST LAKE, which lies southerly of the northerly zi~00 50.00 feet of said Lot 18, and tO als0 include a 10 foot drainage and utility easement at the remaining perimeter lines, not includin_~ the line abutting the walkway. Jensen commented that she does not believe the City Attorney would not have brought the Statute to the attention of the Planning Commission if he did not think it applied. She will not support the motion because the house was not designed to fit the lot. She also sees that approval of this application could set a precedence for others to request a vacation just to fit their needs. The motion failed 3 to 5. Those in favor of the motion were: Hanus, Mueller and Clapsaddle. Those opposed were: Johnson, Weiland, Michael, Voss, and Jensen. This recommendation will be reviewed by the City Council on February 22, 1994. Mueller asked that it be known that it is his opinion that in no way does he feel this easement area is public grounds, a public way, or park thereof, and according to the Statute, which states,... "the owners of land abutting on the street, alley, public grounds" may ask to vacate these properties, therefore, State Statute 412.8§ 1 "Vacation of Streets" does not apply to the vacation of an easement on private property. CASE #94-07: DENNIS & MARY BRENNY. 4909 THREE POINTS BLVD., LOT 3. BLOCK 4, SHADYWOOD POINT, PID #13-117-24 11 0008. VARIANCE FOR DECK. Building Official, Jon Sutherland, distributed photographs of the subject property, and reviewed the applicant's request for an after-the-fact building permit for the lake side deck, storage area under deck, and screened porch area as shown on the attached survey and photographs. This request results in the following variances to the required setbacks and hardcover: 6 Planning Commission Minutes February 14, 1994 J EXISTING J REQUIRED J VARIANCE FRONT 23.9 20 NONE SIDE, NORTH 5.4 6 0.6 SIDE, SOUTH 5.5 S 0.5 LAKE SIDE (TO DECK) 40 50 10 HARDCOVER 2379 (37.5%) 1905 (30%) 474 (7.5%) The new deck is actually a replacement of the old deck that was deteriorated. In order to provide for a more functional deck (to allow for a table and chairs) the deck was slightly increased in size with the cantilever of the joists on one end. On the other end the deck was reduced in size to only provide for a walkway. Staff recommended the Planning Commission recommend approval of the request due to the facts that there was an existing deck, the additional encroachment of the cantilever is minor and offset by the reduction of the deck on the north end. Mueller confirmed that the old deck was 8' and the new deck, at the cantilevered portion, extends 11' tO 12'. Mueller expressed a concern about this application being after-the-fact, and he feels that exceptions should not be made. He compared this request to other similar variance requests which received negative responses from the Commission. He stressed that the Commission should be consistent in their review. The applicant's confirmed that the storage area under the deck is not attached to the house, it was set on top of the existing cement patio, and there is not a door from the storage area into the house. The Building Official confirmed that the storage shed under the deck is required to meet the same setbacks as the principal structure. Mueller is concerned that a precedent will be set, and people will think they can build a nonconforming deck without first getting approval of the City, but that the City will grant a variance if it is an after-the-fact application. MOTION made by Voss, seconded by Clapsaddle to recommend approval of the variance as recommended by staff. Jensen explained that when she reviews after-the-fact applications, she looks at them as if they were new requests, and in this case, the existing deck is already too close to the ordinary high water, and since any deck there would require some type of variance, she would then consider the best way to allow some form of deck that does seem to be appropriate in this area without over doing it. 7 Plann/ng Cornrn/ss/on M/nutes February 14, 1994 It was noted that when the house was built in 1980 the house was placed 50 feet from the ordinary high water elevation and an 8 foot deck was permitted at that time. MOTION carried 6 to 2. Those in favor were: Michael, Clapsaddle, Johnson, Weiland, Jensen, and Voss. Mueller and Hanus opposed. Mueller stated his reason for opposing the motion is that he feels this sets a precedence so you can build closer to the lake if you first build without a building permit. Hanus stated,, ignoring the reality that this is an after-the-fact application, that he is not in favor of allowing the extra cantilevered portion of the deck. This recommendation will be reviewed by the City Council on February 22, 1994. MISCELLANEOUS Chair Michael announced that he would like the subject of "How to Handle Rules of Speaking" placed on the next Planning Commission agenda (i.e. should Chair Michael start at one end and go down the line with a couple questions each?). Michael feels there are too many interruptions, and hopefully the Commission can eliminate some of these. VOTE ON PLANNING COMMISSION APPLICANT The ballots were tallied by the Secretary, the results are as follows: Lisa Ann Bird Lorraine Phernetton 1,1,2,1,2,1,1,2= 11 2,2,1,2,1,2,2,1 = 13 The applicant with the least amount of total points is the Commission's choice for recommendation, therefore, the Planning Commission recommends to the City Council that Lisa Ann Bird be appointed to the Commission to replace Bill Meyer, with a term ending 12/96. CITY COUNCIL REPRESENTATIVE'S REPORT Liz Jensen reported on the City Council Meetings of January 11, January 25, and February 8, 1994. TRUTH IN HOUSING UPDATE Mueller updated the Commission on the updating of the Truth in Housing Ordinance, and explained that the forms are being updated and hopefully the proposed ordinance can be forwarded to the City Council by May 1994. Plann/ng Cornrn/ss/on M/nutes February 14, 1994 PARTY A recognition party has been planned for Bill Meyer, and the date of March 19, 1994 has been chosen. More information will follow. MOTION made by Weiland, seconded by Clapsaddle, to adjourn the meeting at 10:33 p.m. Motion carried unanimously. Chair, Geoff Michael Attest: 9 · lllll/lllll 1994 Cilg of Mo.ncl m I II I I I II I Ill mmmmmlmmmm/ SUN HON TUE WED THU FRI SAT I 2 3 4 '5  MONTHLY REPORT5 DUE GROUND HOG DRY 6 7 8 '9 I0 II 12 SPECIRL CDC MEETING CITY 7 tim COUNCIL ,,========= 7;30 PH$ PRRK COHHISSION MEETS 7 PM 14pLaNNiNG(~ 15 STAFF 16 17 18 19 13 COMMISSION MEETING ECONOMIC MEETS t:30 PM DEVELOP,  7:30 PM ======== COMMITTEE COMMISSION ****'"'"*** OF THE MEETS VgLENTINE'S WHOLE RSH 7 gM DRY 7:30 PM WEDNESDgY 20 21 22 23 !24 25 26 ~~ **CITY COOHClL OF'FICrS MEETS 7:30 PM RRE CLOSED FULL MOON 27 28 JANUARY MARCH PLRNNING S M T W T F S S M T W T F S [,. COMMISSION MEETS 1 1 2 :1 4 s 7:30 PM 2 3 4 S 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 t4 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 PUBUC HEARINGS: · Feb. 8th - City Council - To consider the Issuance of a CUP to allow a commercial parking lot in the B-1 Central Business District at 5533 Shoreline Drive. **Feb. 22nd - City Council - Continuation of a Public Hearing to consider the vacation of a drainage easement located at 2563 Lost Lake Road.