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1994-12-13 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, DECEMBER 13, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS 4 PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE NOVEMBER 9, 1994 REGULAR MEETING AND THE NOVEMBER 29, 1994 BUDGET. PG. 4424-4435 CASE g94-73: HENNEPIN COUNTY (DENIS BAILEY), 4977 WILSHIRE BLVD., (VACANT LOT), LOT 8, BLOCK 18, WYCHWOOD, PID//24-117-24 14 0068. REQUEST: VARIANCE FOR FENCE HEIGHT. PG. 4436-4447 RESOLUTION APPROVING THE 1995 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $2,418,030; SETTING THE LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A FINAL CERTIFIED LEVY OF $1,308,670; APPROVING THE OVERALL BUDGET FOR 1995. PG. 4448-4450 APPROVAL OF AN ORDINANCE AMENDING SECTION 540:00, SUBD. 3 OF THE CITY CODE RELATING TO SEWER RATES; AND AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE RELATING TO WATER RATES. PG. 4451-4452 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. APPROVAL OF PAYMENT REQUEST//5 AND CHANGE ORDER #1 TO SCHLUMBERGER INDUSTRIES IN THE AMOUNT OF $73,205.59 - WATER METER READING PROJECT. 4421 10. 11. REQUEST FOR TEMPORARY ON-SALE NONINTOXICATING MALT LIQUOR PERMIT FROM NORTHWEST TONKA LIONS FOR WINTERFEST - MOUND BAY PARK - JANUARY 13, 14 & 15, 1995. PG. 4453 APPROVAL OF AN ORDINANCE AMENDING SECTION 520 OF THE CITY CODE RELATING TO THE FEE SCHEDULE FOR PROCESSING FIRE SUPPRESSION PERMITS. PG. 4454-4466 PAYMENT OF BILLS. PG. 4467-4487 INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for November 1994. PG. 4488-4517 Tom Reese, LMCD Representative, indicated that the LMCD did not meet in November and, therefore, has no monthly report. C. LMCD Mailings. PG. 4518-4550 Councilmember Jensen had asked the Finance Director, Gino Businaro, to find out the breakdown of the special districts tax categories pursuant to the Truth in Taxation Hearing. Enclosed is that breakdown assuming a $100,000 residential property in the City of Mound. PG. 4551 Memo from Len Harrell, Police Chief, to Officer Troy Denneson, regarding his recent involvement in the delivery of a baby along with Dan Grady of the Mound Fire Department. PG. 4552 Hennepin County has sent out a list of member-at- large appointments to the County's various boards and commissions. Also included are announcements for terms expiring 12/31/94. PG. 4553-4588 F. REMINDERS: Annual Christmas Party, Friday, December 9, 1994, American Legion. Christmas Holidays are 1/2 day on December 23, (noon closing) and all day December 26. 4422 No City Council Meeting December 27, 1994. New Year's Holidays are 1/2 day on December 30 (noon closing) and all day January 2. 4423 Mound City Council Minu~es November 22, 1994 MINUTES _ MOUND CITY COUNCIL . NOVEMBER 22, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 22, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen. Councilmember Ken Smith was absent and excused. Also present were: City Manager Edward j. Shulde, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Bruce Chamberlain, Building Official Jon Sutherland, Finance Director Gino Businaro, and the following interested citizens: Jody & Dennis Emery, Jeff & Sherry Zuccaro, Connie & Dennis Stahlbusch, Wanda Martens, Brad Blazevic, Sally Custer, Nancy Clough, Harold Meeker, Brad & Sara Biermann, Alice Rogers, Ron Peterson, Dave Willette, John Besseson, Bob Polston, Mark Hanus and Jerry Longpre. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jessen, seconded by Ahrens to approve the Minutes of the November 9, 1994, Canvassing Meeting, the November 9, 1994, Regular Meeting, and the November 15, 1994, Committee of the Whole Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 RECO~ATION OF _FINAL PLAT FOR TEAL POINTE. City Planner, Bruce Chamberlain, reported that several weeks ago John Besseson, representing Teal Pointe Development, submitted final plat hard shells, requesting that the City release the final plat for Teal Pointe. It has been a number of months since the plat was approved. There is some discrepancy in the Mound City Code regarding the amount of time the developer has to file the final plat after City Council approval. This is the reason it is back before the City Council this evening for reconfirmation. There is also one item that needs to be modified on the final plat approval dealing with the time of construction. Under the original final plat approval, construction would be completed within 180 days of the final plat approval, but because of the time of year, the developer is asking for 280 days from the time the City Council reconfirms the final plat. The developer has submitted a number of items to the City in regard to the reconfirmation but the following items still need to be submitted before signing the final plat which are: 1. Park dedication fee in the amount of $4,500. 2. Bond or letter of credit in the amount of $127,500. Staff recommends approval of the reconfirmation and the modification proposed. One condition should be added to the final plat approval, stating that the final plat should be filed at Hennepin County within 60 days of the approval of the reconfirmation. November 22, 1994 Mound City Council Minutes Tom Casey, representing Biermanns, Rogers, Mr. Meeker and Ms. Clough, stated he has two issues. 1. The legal status of the final plat. 2. The affect of this plat and this project on the property owners. Mr. Casey stated that his comments will be on the legal status of the final plat. Some of the neighbors may want to comment on the effect on their property. Mr. Casey then submitted a letter/memorandum, dated November 22, 1994, to the City Council for the record. He then stated that the final plat is void and was void 60 days after it was approved, as of July 10, 1994. Mr. Casey stated that the hard shells needed to be received by the City before September 14, 1994, or one year after preliminary plat approval. Mr. Casey stated that since the final plat hard shells were not received until just a few weeks ago, this did not meet the time lines for the plat. He then stated that as he reads Mound's Code both the preliminary and final plat are now null and void. This would require the developer to start all over again. Mr. Casey referred to the following sections of the Mound City Code: Section 330:35, Subd. 1; and Section 330:35, Subd. 9. Mr. Casey further asked, "That since this development needs to start again, the City now has time to correct its deficiencies in the original plat resolutions, i.e. reconsider the park dedication fees based on a $200,000 market value versus a $45,000 market value (to gain another $15,500 in park dedication fees) by applying the ordinance correctly. The City could also do an EAW which sets up an archaeological study, not done by the developer, who said for the record that he only asked for the minimum archaeological study necessary. ~ Mr. Casey also stated that even the Met Council recommended in their reply to the EAW that Lots 1, 2, and 3 be unbuildable. The Council stated that at the time of the EAW, the Native American Indian Council indicated that they accepted the findings. The lots being unbuildable discussion was done at the time and yes now they would be unbuildable, but then they were not. The City Attorney noted that the reason this is back at the Council tonight is that the developer did not do what they were supposed to do under the terms of the ordinance. It is therefore, being brought back tonight, and it is his understanding from the planner and the Engineer, that there have been no changes, no recommendations either on the ordinance or in the documents that have been presented. He further stated that he would agree with Mr. Casey in one respect and that is that it would be better if there was a public hearing just to satisfy that particular question. The City can process both the preliminary and final plat at the same time. He stated that he is not as concerned about Mr. Casey's comments about the one year on the preliminary plat because once the final plat is submitted and approved, the preliminary plat is pretty much ineffective. The only purpose of the preliminary plat is to run it through and then you make changes so the developer can make changes to the hard shell and do whatever the Council has asked. He advised the Council to hold a combined public hearing for the preliminary and final plat. The City Attorney stated that the City Code does need to be changed to make the time-lines more clear. 2 Mound City Council Minutes November 22, 1994 Jo[in/tesseson, representing the Teal Pointe Development, stated that he has worked with City Staff and the neighbors on the retaining wall issue since May trying to eliminate the retaining wall and work with the neighbors to landscape their property. He stated that he has letters from his company to the neighbors on the issue. He stated he had several meetings with the homeowners, one with the City Manager and City Engineer, and Mr. Besseson determined that in working with the homeowners, they would not have to be quite as concerned with the 60 day filing of the plat because he thought he could amend it. After this meeting he contacted the neighbors and they said that after the meeting with the City and discussing how it was going to affect them, they would be perfectly happy with the retaining wall. The reason this was done was to give them a clear understanding of how the site would impact the neighborhood. It took longer to deal with the neighbors but he stated he wanted to be cooperative. The neighbors did not want to go along with anything but what was on the plan. He stated that he it was his understanding that a petition was signed not wanting any dirt spread on their property. That was the problem for not getting back to the City in a timely manner. He further stated that he would like to get into the property and put his steel pilings in, rough the road in, do the class 5 grading, and be able to put the lift station and sewer in before the ground is frozen. The only thing that may have to wait until Spring would be the asphalt. He wants to be able to grade the site and make it driveable, stake the lots and market them for Spring sales. He requested that his extension be approved tonight so he could get on with the development. The Council stated that they have to stand by the ordinance and require a public hearing. MOTION made by Jessen, seconded by Ahrens to refer Teal Pointe back to the Planning Commission for their review and reconnnendation and then set a public hearing for the City Council to consider the preliminary and final plat of Teal Polnte for January 10, 1995. The vote was unanimously in favor. Motion carried. Harold Meeker, 5132 Waterbury Road, stated that the neighbors never agreed to the retaining wall. 1.2 _CASE //94-72: BRADLY T, BLAZEVIC 1871 S}IOREWOOD LANE, LOT B_LOCK 12, SHADYWoOD POINT, 2, ENTRY DECK. PID//18-117-23 23 0061 VARIANCE FOR' The Building Official explained the request. The Planning Commission recommended approval with the findings that practical difficulty exists. with criteria in the Resolution//92-75, there is no The applicant has made the effort to comply reasonable place on the lot that the shed could be located that is not in the floodplain, and the site is unique. The Council asked if there was a double fee charged because work was started before a permit was taken out. The Building Official stated yes. Jessen moved and Ahrens seconded the following resolution: 3 Mound City Council Minutes RESOLUTION//94-150 November 22, 1994 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS AND A SHED IN THE FLOODPLAIN TO ALLOW CONSTRUCTION OF A CONFORMING ENTRY DECK AT 1871 SHOREWOOD LANE, LOT 2, BLOCK 12, SHADYWOOD POINT, PID//18-117-23 23 0061, P & Z CASE//94-72' The vote was unanimously in favor. Motion carried. O' 1.3 AREA FOR NEW HOM~_. The Building Official explained the request. The Staff and planning Commission recommended approval. The existing undersized, dilapidated house will be demolished. Ahrens moved and Jessen seconded the following resolution: RESOLUTION//94-151 RESOLUTION TO APPROVE A LOT SIZE VARIANCE TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 4961 BEDFORD ROAD, LOT 5, AND THE EASTERLY 10 FEET OF LOT 6, BLOCK 37, wYCHWOOD, PIX) #24-11%24 41 0144, P & Z CASE #94-74 The vote was unanimously in favor. Motion carded. 1.4 SHORELINE DRIVE BALBOA BUILDING · The Building Official explained that Operations Permits are required for businesses in the Balboa Building. PXC, located at 2321 Commerce Blvd., is proposing to expand its operation into the Balboa Building and operate a division known at Ameriweb, Inc. Ameriweb will be involved in the design, engineering and assembly of materials handling machinery. They will occupy approximately 10,500 square feet and have a staff of approximately 15. They are taking part of the area previously used by Drop Ship Express so increased traffic will not be an issue. Ahrens moved and lessen seconded the following resolution: RESOLUTION//94-152 RESOLUTION TO APPROVE AN OPERATIONS PERMIT FOR PXC CORPORATION d.b.a. AMERIWEB, 5314 SHORELINE DRIVE (BALBOA BUILDING) The vote was unanimously in favor. Motion carried. 4 Mound City Council Minutes 1.5 November 22, 1994 11 0069. . The Building Official explained that the owner asked that the original resolution be modified to delete several conditions that have been met prior to filing the resolution at Hennepin County. The Building Official recommended approval. Jessen moved and Ahrens seconded the following resolution: RESOLUTION//94-153 RF-~OLUTION TO VOID RESOLUTION t/94-128 AND REPLACE IT WITH THIS RF~OLUTION TO APPROVE A SETBACK VARIANCE TO HERON LANE TO CONSTRUCT A PORCH AND DECK AT 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, pID #13-117-24 11 0069, p & Z CASE #94-63 The vote was unanimously in favor. Motion carried. CO~MMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.6 PRO ECT AND AUDITOR'S ROAD IMPROVEMENT PRO ECT. The City Manager stated that he and the Cit's Ec · to present the plan to proceed on ,-;no ,r~Y~T _~.on.o.m~c _Development Coordinator w d .... ~, ~,,- ~o~t ~xe Canal Rehabi~:~,: .... ould like Auditor's Road Improvement Project. The City has been involved in the Mound Visions · ,~uon rroject and the program for about the last 3 years. This was developed because of a study done for downtown Mound in 1990 and through the work of Bruce Chamberlain, Economic Develo men Coordinator, a strategy for Mound Visions was prepared. This concept was to look at ?,r~ . t o oaslc areas of economic development, one in business cluster development, one in aesthetic or physical improvements, and one in promotions. At that time the EDC (Economic Development Commission) became the steering committee for the Mound Visions Program. It was under this program that the downtown revitalization plan was developed. A promotional packet was developed and implemented. A conceptual plan was then presented. Phase 1 - Would be rerouting Auditor's Road which would take place at the same time as the Lost Lake dredging project. Phase 2 - Would deal with rerouting County Road 15 at Belmont taking it north to Lynwood Blvd. then going west. November 22, 1994 Mound City Council Minutes In March of 1994, the City Council authorized submission of a grant application for the dredging of the Lost Lake Canal. This application was sent to the federal government for Intermodel Surface Transportation Efficiency Act (ISTEA) funds under a program called Transportation Enhancements. The City was successful in securing this grant for 1997. There will be about a year to a year and a half of planning work, which involves not only physical planning but engineering and environmental testing, soils work, etc. The City Manager stated that the EDC is asking the Council for their endorsement of the project and a proposed resolution was presented. The resolution addresses the two projects and identifies the engineering and consultant fees that will be part of the project that are not funded by the ISTEA grant. Cost estimates are a part of Exhibit A of the resolution. City planner, Bruce Chamberlain, explained the 3 components of Phase 1 Downtown Mound Redevelopment: 1. Lost Lake Canal. 2. Auditor's Road Improvement Project. 3. Auditor's Road Streetscape parkway. Portions of the costs for the Auditor's Road Improvement Project will be paid with Municipal State Aid (MSA) funding. The City planner then reviewed his memo of November 17, 1994 with the Council. The estimated fees described below are outlined by project, according to anticipated time of expenditure: Lost Lake Auditor's Auditor's Rd. Est. Road Stscp/Pkwy Totals Round 1: August- December 1994 $ 38,000 $ 3,000 $5,000 Round 2: January- May 1995 $ 54,000 $10,000 $6,500 Round 3: June- October 1995 $ 7,000 $ 2,500 Round 3B: Nov. '95- $38,000 March '96 Round 4: April 1996- October 1997 Estimated project totals: $182,000 $84,500 The City Planner noted the following: $11,500 $ 46,000 $ 70,500 $ 9,500 $ 38,000 $278,000 Mound City Council Minutes November 22, 1994 Fees for round 3B have not been determined for the Lost Lake project because they are services which would only be needed if project modifications based on permit denials were required. Fees for the Auditor's Road project would be 100% funded by Municipal State Aid funds. This will not be known until the time the work is done. A go/no go assessment will be made at the end of each round at which time the projects could be stopped if there are insurmountable obstacles to completion. The decision before the City Council at this time is the approval of design, administration and associated professional fees apart from the actual construction costs. The City Engineer explained what criteria would need to be met to receive MSA funding. He and the City Manager w/Il work on this. Jerry Longpre, member of the EDC, stated that this project could make Mound the commercial center for this area. He thanked Bruce Chamberlain, City Planner, for his efforts in obtaining the ISTEA Grant for the City of Mound. He stated that the EDC is excited about moving forward with the project. Johnson moved and Ahrens seconded the fo/lowing resolution: RESOLUTION//94-154 RESOLUTION APPROVING ALLOCATION OF DESIGN, ENGINEERING AND ADMINISTRATIVE FEES TOWARD THE COMPLETION OF THE LOST LAKE CANAL REHABILITATION PROJECT, AUDITOR'S ROAD RECONSTRUCTION PROJECT AND THE AUDITOR,s ROAD STREETSCAPE/PARKWAY PROJECT The vote was unanimously in favor. Motion carried. 1.7 Bruce Chamberlain, Economic Development Coordinator, explained that a Lost Lake Public Relations Task Force has been put together to do the following: 1. Educate and capture the interest of the public, and 2. Get the community physically involved with the project before construction ever begins. Chamberlain then presented the Task Force's five objectives: 1. Create a master plan along with artist;s renderings for the Lost Lake site with combined Park & Open Space Commission and Economic Development Commission/Mound Visions input and oversight. Mound City Council Minutes 2. November 22, 1994 Relocate the Mound Farmer's Market from its current location to Lost Lake and expand days and hours of operation. 3. Place an information kiosk close to Shoreline Drive and adjacent to the new Farmer's Market. 4. Start a -buy-a-brick" program to help raise money for a Lost Lake project and get the community directly involved in the rejuvenation of Lost Lake. 5. Work with the Minnesota Transportation Museum to locate and possibly restore a historic or reproduction transit boat like the ones that used Lost Lake during the resort era. The City Planner reviewed each objective in detail. The Council thanked ail the volunteers who have worked on this project. MOTION made by Jessen, seconded by Jensen to accept the Lost Lake Canal - Public Relations Strategy as proposed by the Task Force directing that they go forward with the plan and bring back cost information to the Council for further review. The vote was unanimously in favor. Motion carried. 1.8 APPROVAL OF 1995 DOCK LOCATION MAP. Dock Inspector, Tom McCaffrey, reported that two changes to the map are proposed. The first change is to delete Dock Site #33120 located on Stratford Lane, abutting 4536 Denbigh Road. This land has eroded to the point where it has reverted to private lakeshore. The recommendation from the POSC is to approve this deletion from the 1995 Dock Location Map. The second change is to add two dock sites, #54970 and #56180, abutting Lost Lake Park. This was requested by residents of the Lost Lake Addition. Staff has determined that there is adequate space to allow the two additional dock sites in the area. The POSC voted not to recommend approval of these additional two dock sites on a 1-5 vote. Councilmember Jessen stated that when this subdivision was approved and the original 6 dock sites were approved the LMCD was concerned about the number of docks the City of Mound has on Lake Minnetonka and the increased boat traffic. The Dock Inspector stated that all the dock sites available to Mound have not been assigned due to erosion, a tree in the way, etc., so we would not be increasing the total number of docks assigned to Mound by the LMCD. The Council discussed the fact that even though the residents of the Lost Iatke Addition have requested the additional dock sites, they are not reserved for the people of the Lost Lake Addition. The docks would be assigned on a first come/first serve basis as of January 1st of any 8 Mound City Council Minutes November 22, 1994 Councilmember Ahrens stated that at the POSC meeting it was pointed out that of the six sites that are available on Lost Lake, all six are shared docks. She further stated that she will vote against this because it sets a terrible precedent to start adding more dock sites to an area particularly after the things that have come out of the direction that the LMCD is taking. The Council discussed the fact, if approved, they are not increasing the number of docks Mound has available overall and that with the dredging of the Lost Lake Canal there will be increased boat traffic in this area which was a concern when the original 6 docks were approved in 1988. They also discussed what has changed in six years i.e., more houses on Lost Lake, the water was very low. MOTION made by Johnson, seconded by Jensen to approve the 1995 Dock Location Map with as proposed by the Dock Inspector with the following changes: 1. Removal of Dock Site//33120, at 4536 Denbigh Road because it has reverted to private lakeshore due to erosion of the Shoreline. 2. The addition of 2 Dock Sites at Lost Lake Park, bringing the total dock sites in this area to 8. The vote was 3 in favor with Ahrens voting nay. Motion carried. ~ '~.~.~,u SEED/SOD PARKING XR~~ The Building Official explained the request. The Park Director and the Park Commission recommended approval. The neighbors in the area were notified of this meeting and there were no negative responses. Jessen moved and Ahrens seconded the following resolution: RESOLUTION//94--155 RESOLUTION TO APPROVE A SPECIAL PERMIT FOR A LAND ALTERATION ON PUBLIC LAND I,~,~ ~,r ~ ~'ARKING AREA ABUTTING 1566 EAGLE LANE, LOTS 3, 4, & 5, BLOCK 2, WOODLAND POINT The vote was unanimously in favor. Motion carried. 1.10 APPROVAL OF PAYMENT RE~_~./..af~. MOUND/~TRiSTA PUBLIC The City Manager reported that the Engineer is recommending approval of this payment request. November 22, 1994 Mound City Council Minutes MOTION made by Johnson, seconded by Ahrens to approve Payment Request #1 from Imperial Developers for work completed on the Mound/Minnetrista Public Work Material Storage area in the amount of $63,21'/.66 and also approve Change Order #1 to Section I of this project which is a net deduct from the original contract of $1,'/97.50. Revised Section I contract amount $98,205.00. The vote was unanimously in favor. Motion carried. IAI UR LADY F THE LAKE ATH LIC CH F R _LICENSE FOR O FEBRUARY 4, 1995. MOTION made by Jessen, seconded by Ahrens to approval a TemporarY On-Sale Non-Intoxicating Malt Liquor License for Our Lady of the Lake Catholic Church for February 4, 1995. The vote was unanimously in favor. Motion carried. 1.12 p__AYMENT OF BILLS MOTION made by Jensen, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $499,471.27, when funds are available. A roll call vote was unanimously in favor. Motion carried. iNFORMATION/MISCELLANEOUS: A. Financial Report for October 1994 as prepared by Gino Businaro, Finance Director. B. Park & Open Space Commission Meeting Minutes of November 10, 1994. C. Letter from Jim Miller, Executive Director, League of Minnesota Cities RE: 1) Candidacy of several City officials for the National League of Cities Board and Officers position~, and 2) City of Mound's potential in being represented on the National League of Cities Small Cities Council. D. Information from LMCD on a proposed ordinance amending the LMCD Code to establish planned Usage Development Procedures and Standards and a definition of Public Piers. E. Planning Commission Minutes of November 14, 1994. REMINDERS: Budget Hearing - Tuesday, November 29, 1994, 7:30 P.M. NLC Conference, December 1-4, 1994, Minneapolis Convention Center. _ Continued Budget Hearing (if necessary), Tuesday, December 6, 1994, 7:30 P.M. 10 Mound City Council Minutes November 22, 1994 Annual Christmas Party, Fi/day, December 9, 1994, American Legion. Thanksgiving Holiday, Thursday and Friday, November 24 & 25, 1994, City Offices closed. EXECUTIVE SESSION The Council went into Executive Session at 9:30 P.M. to discuss several matters of pending litigation. The Council returned from Executive Session at 11:30 P.M. 1.13 DAKOTA RAIL LITIGATION The City Attorney reported that the Council met tonight with Alan Barnard, attorney representing the City in the Dakota Rail matter, and he informed the Council that we have received an order, from the Minnesota Supreme Court denying further review of the Dakota Rail Case. Mr. Barnard has laid out certain options to the Council. There was discussion and Mr. Barnard will report back to the Council in the future. 1.14 PIPER INVESTMENT LITIGATION The City Attorney reported that Mound has an investment in Piper's Institutional Government Portfolio Fund and there has been a reduction in the value of that investment. The Council previously suggested that we review the possibilities and the alternatives available to the City and those were discussed in detail, i.e. do nothing and see if the fund rebounds, sell the fund and take the losses, try to work with Piper to make some arrangements, join the c/ass action lawsuit, or to retain an attorney to COmmence an action or an arbitration. After discussion, the Council's thought is to retain the services of Jerome S. Rice who has experience in the securities field. MOTION made by Ahrens, seconded by Jensen to authorize the City Manager and the City Attorney to negotiate to retain the services of Jerome S. Rice and to investigate the possibility of commencing an arbitration action or Some other litigation against Piper. The vote was unanimously in favor. Motion carried. MOTION made by Jessen, seconded by Ahrens to adjourn at 11:40 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk Edward J. Shukle, Jr., City Manager 11 Nove~ber 29, 1994 MINUTES - BUDGET HEARING - NovEMBER 29, 1994 The meeting was called to order at 7:30 PM. City Council members present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen. Councilmember Ken Smith was absent and excused. Also present were: City Manager FA Shukle; Fran Clark, City Clerk; Greg Skinner, Water and Sewer Superintendent; Jon Sutherland, Building Official; Jim Fackier, parks Director; Len Harrell, Police Chief; Joel Krumm, Liquor Store Manager; Gino Businaro, Finance Director; Steve Erickson, Fire Chief; and the following interested persons: Darlene Murphy. The Mayor asked the City Manager to present the introductory comments to the 1995 proposed budget. City Manager, Ed shukle explained the purpose of the budget heating. He indicated that this was the annual Truth in Taxation hearing. The purpose of the heating was to discuss the proposed budget and tax levy for the upcoming year. lie further indicated that in September the City Council approved a preliminary budget and levy and that the proposed budget and levy for final approval has not changed. The City Council would have the authority to reduce the tax levy if they so desired, but they could not increase the tax levy from what they approved in September. lie then handed out certain pages that had been revised to reflect previous Council actions and reviewed his memo with the Council. The City Manager then went into some of the highlights of the budget. Finance Director, Gino Businaro, explained how the levy would impact property tax statements on various valued homes in Mound. The City Manager then indicated that he or the Finance Director would take questions. , as a ouestion by Darlene Murphy about her e valuation and the .p~. rcentage ~_n~cr...ea~,,,t h~.r r~rcentage increases. The uouncn c~v ~°:;nepin County and_.w°Ut°wga~t nboaCnke~ nt;~ ;;~;;~-'w~i~h hearing. the public hearing, xnere MOTION made by Ahrens, seconded by Jensen to have the levy and budget on the Agenda of the December 13, 1994, Regular Meeting for consideration. The vote was unanimously in favor. Motion carried. MOTION made by Jessen, seconded by Jensen to adjourn at 8:40 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shulde, Jr., City Manager Attest: City Clerk MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION NOVEMBER 14, 1994 CASE#94-73: HENNEPiN COUNTY DENIS BAILEY AND DOUG KRAAY 4977 WILSHIRE BLVD. VACANT LOT LOT 8 BLOCK 18 WYCHWOOD PID #24-117-24 14 0068. VARIANCE TO FENCE HEIGHT. Building Official, Jon Sutherland, reviewed the City Planner's Report. Hennepin County is seeking an after the fact variance for the height of a fence that was installed in August adjacent to the Emerald Lake channel. City Code limits fences within 50 feet of the lake to 3 feet in height. The fence installed by Hennepin County is a six foot high chain link fence. Because of topography and vegetation Blvd. in the area, the fence is not readily visible from Wilshire The fence is installed across both the County right-of-way and on private property, it is located perpendicular to the retaining wall, is approximately 15 feet long, and has a locked gate. The sole purpose of the fence is to prohibit pedestrian access to the County right-of-way and adjacent privately owned property. Hennepin County's right-of-way includes a strip of land approximately 8 feet wide, parallel to the roadway and bridge. The land between the County's property and the lake is privately owned. The public and private land, now blocked by the fence, has been a frequently used fishing site. Hennepin County generally has a policy that allows fishing from public right-of-ways. This area has been a source of problems for a number of years, principally pertaining to litter and trespassing on private property. Hennepin County is seeking a three foot variance for the installed 6 foot high chain link fence. From their experience, a six foot high fence is necessary to reasonably control access to the ~ property. The County's installation of the fence perpendicular to the wall is the least visually obtrusive of the two fencing options considered. Short of anyone identifying a workable solution to the litter and trespassing problems, approval of the fence height variance allowing the six foot high fence seems to be the only viable alternative. Clapsaddle clarified that the only issue at hand is the height of the fence. The Commission reviewed previous fence height variance requests, and recalled that no other variances have been granted for fences within 50 feet of the lake other than one which was for a dog kennel which was only 45 feet from the lake and there were other special circumstances. Doug Kraay, owner of the lakeshore abutting the County property, explained to the Commission the problems they had with litter and trespassing. In his opinion, the reason for the fence height restriction is sight, and this fence cannot be seen from the road. The Building Official clarified that the view from the lake is also a consideration. Daryl Frederickson, resident of Mound, explained to the Commission that he has been fishing in this area for years. He questioned why the abutting owner, Doug Kraay, is the only person that has access to the property. He also complained that the taxpayers are paying for a fence located on private property. Denis Bailey replied that the fence actually saves taxpayer's money because they do not have to pay to pick-up the litter every week, and the present location of the fence is a better option than installing 200 feet or more of fencing. He stressed that this was the most cost effective solution to attempt to correct the problems. Bailey confirmed that this is a unique case where a private property owner has exclusi fishermen s ~ssue ~s with the ~ ..... v,e, access to County property. It w to the County Board. C .... Ly. voss suggested that ~ .... as noted that the ,-,~,zur~s express their objections MOTION made by Clapsaddle, seconded by Mueller, to recommend denial of the fence height variance request. Hanus suggested tabling the request. The Commission reiterated that the issue they are reviewing is the height of the fence, not who should, or should not, be allowed to access the property. Clapsaddle commented that there is no justifiable hardship to allow a 6 foot fence, and the issues at hand are beyond their authority. MOTION to deny carried 4 to 1. Those in favor were: Clapsaddle, Mueller, Voss, and Hanus. Michael was opposed. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: November 9, 1994 SUBJECT: Fence Height Variance APPLICANT: Hennepin County CASE NUMBER: 94-73 ItKG FILE NUMBER: 94-5bb LOCATION: 4977 Wilshire Boulevard (Bridge) EXISTING ZONING: Single Family Residential (R-l) COMPREHENSIVE PLAN: Residenti. al . after the fact variance for the height of a ~ : Hennep~n County ~s seek~.ng~an ,~ · ~,o ~h~,~nel The Mound City Code BACKGROUND .... ~,: .... * ~ g_e ~mermu t~m.,~ ....... fence that was installed in August auja,~,~ .... o t requires that fences located within a 50 foot setback of Lake Minnetonka be limited to three feet in height. Furthermore, such fences are required to maintain a see-through visibility level equal to that of a chain-link type fence. The fence installed by Hennepin County is a chain link fence, six feet in height. Because of topography and vegetation in the area, the fence is not readily visible from Wilshire Boulevard. coMMENT: The fence installed by Hennepin County is located perpendicular to the retaining wall that is part of the approach to the bridge. The fence which is approximately 15 feet long has a locked gate adjacent to the bridge retaining wall. The sole purpose of the fence is to prohibit pedestrian access to the County right-of-way and adjacent privately owned property. Hennepin County's right-of-way includes a strip of land approximately 8 feet wide, parallel to the roadway and bridge. The land between the County's property and the lake is privately owned. The width of the privately owned land varies with the largest portion being a peninsula adjacent to the channel. Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 83%3160 December 5, 1994 Doug and Dana Kraay 6221 Deerwood Drive Mound, MN 55364 Dear Mound City Council Member, My name is Doug Kraay and I am writing to you regarding case #94-73: Hennepin County, 4977 Wilshire Boulevard (vacant lot), Lot 8, Block 18, Wychwood, PID #24-117-24140068, variance to fence height which is on the December 13th agenda. Let me start with a quick background of the situation. My wife Dana and I currently own a home in Mound ana we purchased the lot described above in April of 1994, with the intention of building on the lot in the spring of 1995. This summer we discovered that our deeded lakeshore property was used by many people as a place to fish from. The neighbors in the area of the lot asked us if we planned on doing anything about this. They told us stories of people throwing litter into their yards, from beer cans to dirty baby diapers. In addition, one of the neighbors, Mike and Paulette Maul, told us of people urinating in their backyard and being loud and disruptive at night. They said police have had to come to the parking lot twice this summer because of fights. Due to this, we decided to post the property with "No Trespassing" signs. Th.e. se were. torn down within 48 hours of beingput up. We then contacted the Mound Police ChieT, Len Harrel, who told me he has had numerous complaints of trespassing in that area from neiahbors. He could also remember there being a knife fight at the Wychwood Beach par'~ing area some Years ago.At this time, I contacted the city to find out my options. I was told that since this was a county road and the people were using county right-of-way to access our private property, that it was a county issue. I then contacted approximately seven different county agencies until I Was put in contact with Dennis Bailey of the Environmental Protection Agency of Hennepin County. Dennis was familia~ with the area in question and said it was one of the worst problem areas in the county as far as litter goes. He also said it was an ongoing problem since he could remember (at least 15 years), and that the county spent on the average four man-hours per week cleaning the area. At this time, Dennis Bailey, Hennepin County, and myself, decided that it would be best to put up a fence and close off the area to everyone, thus eliminating all of the problems and the man-hours used by the county to clean the area and by the city of Mound Police to police the area. Hennepin County Engineer, Vern Genslinger, was brought into the picture and he decided that it would be the county that put up the fence with the permission of the private landowner. During this whole process, I as the landowner, offered to pay for whatever the county deemed necessary. It is my understanding that Dennis Bailey tried to make every effort to contact the city of Mound for permission to build the fence and for some reason was given the head of the Parks Division who told him it would not be a problem. After the fence had been in place for approximately two months, the city of Mound received one complaint from an individual who used to fish there. At that time the city contacted the county and ,r, eques!ed that they get an "after the fact" buildini:j permit..and ask for a variance from a 3 to a 6 fence. I attended the planning commission meeting with Dennis Bailey from Hennepin County, just in case they had any question~,for the landowner. During the discussion of over one hour, the point of putting up a fence instead of a 3' fence, was discussed no more than five minutes. The main issue discussed was whether people should be allowed to fish from our deeded private lakeshore. I truly do not believe that the planning commission fully understood that there is no more than a total of 6' that is fishable county right-of-way and th~,t area is in the channel where there is heavy boat traffic· Past experience shows that 95% of the fishing in this area i~ done from our private property. The variance request is for a 6' fence instead of a 3' fence. I understand that you would not want to obstruct sight lines to the lake, and this fence does not do that. The fence cannot be seen unless you walk up to the edge of the bridge and look for it. As for the sightlines from the lake, this area of Emerald Lake .by the fence, is heavily infested with lily pads and is only used by people going into the resioential channel. The cit'v [:)lanner Mark Koegler who went out and visually inspected the fence and the · '. - ...... coun's installation of the fence entire s~tuat~on wntes ~n h~s planning report "1'he ty erpendicular to the wall is the least visually obtrusive of the two fencing options ~P,-,,,,~,~.-r,~r~ .~hnrt nf anyone identifvin_a a workable solution to the litter and trespa, ss. lng ~)r~o' 'l~i~'~n's","'~-of th'e fence height-variance allowing the 6' high fence seems 1:o De the only viable alternative.". I also spoke with Mound Police Chief Len Harrel again around November 16th, 1994. He told me that since the fence has been in place he has had no complaints in that area and that he would be for keeping the 6' fence should the city council ask for h,i ,s. opinio.n. Aisc, the public parking area, which is meant to be used for the Wychwood puolic oeacn on Cook's Bay, has always been more than full (to the point where cars are consistently being blocked in by other cars) solely by people using the private property for fishinc, j. Since the fence has been put up the lot has been emptier and used by the people WhO use the beach as it was originally intended to be. To this date, I have been able to speak to many of the neighbors in the area, including Mike and Paulette Maul, Bob and Gen Carlson, Liz Jenson, Ernest and Michele Rosenberg, and they have all been 100% in favor of the fence· They also have said that sin,..'e the fence was put up, it has eliminated many problems of the past. closing, I ask you to look at the land survey which I have enclosed and understand that [~e only place county right-of-way touches the water is marked in yellow, and this area the county wishes to cloSe to public fishing. Aisc, shouldyou wish to actually go to the sight of the fence and would like to meet me there, I wouldgladly do that and explain the entire situation. The neighbors in the Wychwood area, Hennepin COunty, Mound Police Chief, and myself feel that this fence is the best solution to the problems. Please feel free to contact me with any questions you may have, or if you would like to meet at the site of the fence. Thank you for taking the time to read this. Sincerely, Doug Kraay Home Phone # 472-0472 Work Phone # 469-5505 i -"1 Hennepin County Fence Height Variance November 9, 1994 Page Two The public and private land now blocked by the fence has been a frequently used fishing site. Hennepin County generally has a policy that allows fishing from public right-of-ways. This area has been a source of problems for a number of years, principally pertaining to litter and trespassing on private property. According to the County, they have tried to address the problem through signage and the placement of garbage containers on the site. The private owner has also posted the property with signage. None of these efforts have been successful and the County cites this area as being one of the worst maintenance areas around the lake. After signs and garbage containers failed to address the litter and trespassing problems, the County examined two fencing alternatives. The first option was to install approximately 200 feet of fencing along the edge of the right-of-way line separating the public property from the land that is privately owned. This option was not implemented because of increased maintenance concerns from people throwing litter over the fence onto the privately owned land and due to aesthetic concerns. Additionally, this alternative had a higher cost. Hennepin County elected to install the fence blocking access to the entire area after obtaining permission to place a portion of the fence on private property. Since the fence was installed, the City of Mound has received one complaint from an individual who had previously used the area for a fishing access. RECOMMENDATION: Hennepin County is seeking a three foot variance for the installed 6 foot high chain link fence. From their experience, a fence three feet in height will not preclude access to the area. Six feet of height is necessary to reasonably control access. ]~T. his fence height variance is a unique case. The City of Mound has cooperated with the Lake'N [ Minnetonka Conservation District (LMCD) in order to make the lake more accessible to the [ general .public. Without question, Mound has more accessible lakeshore than any other [ ~°ocr~s un~e7 th,,o~nl~sk~a_s ~a_r~e,s__u!t o,,f ow~n.,er,sh~p of the commons and the availability of commons · . ~, cmun~trate tnet. Ary s commitment to maintaining public access. In this case, however, Hennepin County is faced with a problem that has continued to exist despite their ~ ,passive efforts which have included signs and litter receptacles. Therefore, they have been forced  o prohibit access in order to alleviate problems. / The County's installation of the fence perpendicular to the wall is the least visually obtrusive of the two fencing options considered. Short of anyone identifying a workable solution to the litter and trespassing problems, approval of the fence height variance allowing the six foot high fence seems to be the only viable alternative. Planning Commission Date: City Council Date: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 NOV I 0 1911M ^ppfication Case No. Distribution: 10-~ I City Planner }{).-~ ~ City Engineer Other ~0') {" Public WorU DNR oct 19 Please type or print the following information: Address of Subject Property Lot 8 4977 WILSHIRE BLVD (CR 125~ Addition WYCm400D Block 18 PI]) No. 24-117-24 14 0068 Zoning District Use of Property: LEISURE Owner's Name HENNEPIN COUNTY -DENIS BAILEY Day Phone348-4378 Owner's Address 417 N 5TH STREET, ~$ 200 MPLS, FIN 55401-1309 Applicant's Name (if other than owner), Address Day Phone 1. Has an application ever been made. for zoning, vmqan, ce, condi'.ion~ use pe .rna. At, or other zoning procedure ftr this property? ( ) yes, (;0 no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): 17' CHAIN LINK FENC_._~E INSTALLED 6' HIGH, PERPENDICULAR TO THE BRIDGE RE~AINING WALL TO THE EDGE OF THE WATER. Yin'lance Application (I 1/93) Page 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes Qg, No (). If no, spec[fy 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 W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ft. ft. ft. Lot Size: sq ft sq ft sq ft Hardcover: sq ft sq ft sq ft Does the present use of the property conform to all regulations for located? Yes (~), No (). If no, specify each non-conforming use: the zoning district in which it is Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape (x) other: specify Please describe: COUNTY RIGHT OF WAY PARALLELS PRIVATE PROPERTY FOR SEVERAL HUNDRED FEET AND IT IS NOT PRACTICAL TO FENCE OFF THIS ENTIRE LENGTH TO PREVENT TRESPASSING ON TO PRIVATE PROPERTY. SIGNS HAVE BEEN INEFFECTIVE IN PREVENTING TRESPASSING AND LITTERING IN THIS AREA. A THREE FOOT HIGH FENCE IS NOT ADEQUATE TO PREVENT TRESPASSING. Cas~ No. Vari~nc$ Application (! 1/93) P~ ~ Was the hardship described above created by thc action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes ( );-No tX). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No fi). If yes, explain: 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? SETON CHANNEL ON COUNTY ROAD 15 Comments: THE COUNTY INSTALLED THE FENCE IN QUESTION TO SOLVE CONTINUAL PROBLEMS OF TRESP~i8S~I~g3 AND LITTERING. TO BE EFFECTIVE IT WAS INSTALl.ED PERPENDICULAR TO THE SHORELINE AND A SIX FOOT C~AIN LINK FENCE WAS USED TO PREVENT iTRESPASSING. NO ,TR~[SPASSING SIGNS AND NO_LITTERING SIGNS HAVE BEEN INEFFECTIVE. I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Signature Date Datet~gcJ~ iV,. l°~qq~ Ii Hennepj op popnty October 18, 1994 OCT t 9 199 Jon Sutherland Building Official City of Mound 5341 Maywood Road Mound, Minnesota 55364-1687 Subject: Fence Installed Under Bridge on Wilshire Blvd. (County Road 125) and on Private Property, PID #24-117-24 14 0068 (4977 Wilshire Blvd.) Dear Mr. Sutherland: The variance application fee of $50 for the above reference project is being processed and will be mailed to the City of Mound in approximately 30 days. Please call me at 3484378 if you have any questi, ons. Sincerely, Denis Bailey Conservation Unit DB:cc Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 55401-1309 (612) 348-6846 FAX: (612) 348-8532 Recycled Paper BUIL_____DIN(~ PERMIT APPLICATION 5341 CITY OF MOUND Maywood Road, Mound, MN 55364 Phone: 472-0600 Fax: 472-0620 Subject Address 4977 WILSHIRE BLVI) Tenant/Building Name~ The applicant ia: LEGAL Lot DESCRIPTION PID# tenant _____- OWNER contractor _~_owner ~ 24-117-24 14 0068 Block 18 Addition WYCHWOOD Plat Phone IH}. (W }~_.~L~J~ (M) CONTRACTOR 4ama ENVIRONMENTAL MANAGEMENT DIVISION reiN COUNTY DEPT OF PUBLIC WORKS Phone{H) (W) 34--~8-4378 (M) License # ARCHITECT I~me &/OR Address ENGINEER =hone IH) (M) CHANGE OF FROM: USE TO: DESCRIBE WORK: ACROSS APPROXIMATELY 8' INSTALL 6' HIGH CHAIN LINK FENCE PERPENDICULAR TO CTY RD 125 OF COUNTY_RIGHT OF WAY AND APPROXIMATELY___88' OF PROPERTY OWNED BY DOUG KRAAY (WITH HIS PERMISSION · OF WORK: $750.00 SEPARATE I~RMI'rs ARE REQUIRED FOR ELECTRICAL. pLUMBING, HEATING. VENTILATING OR AIR CONDCFIONING. TIME UMiTS ON BUtt. DING COMPI._F"rlON. ALL WOR~ TO BE pL~FORMED PUI~UANT TO A BUILDING PERMIT ORTAINED FOR NEW CONSTRUCTION, REPAIRS, REMOD~.JNG, AND ALllr. P~TION$ 10 THE EXII=~OF,~' O~ ANY BUILDING OR STRUCTURE IN ANY ZONING DISTRICT SHALL BE COMPI, ETED W~THIN ONE (1! ~r. AR FROM I~IE DATE OF I~RMIT ISSUANCE. THE I=~RSON ORTAINING THE ~ AND THE OWNER OF THE I~C)P~r. RTY SHAM. BE RESPONSIBLE FOR COMP~,E'rION. A VIOLATION OF THIS SUBOIVISION IS A MISDEMEANOR OFFENSE. THE CiTY COUNCIL MAY EXTEND THE TIME FOR CONIPLETION UPON WRITTEN REOUEST OF THE PERMII'FEE. ESTABLISHING TO THE REASONABLE SATISFACTION OF THE ~ COUNCIL THAT CIRCUMSTANCES BEYOND THE CONTROL OF THE PERNII"rEE PREVENTED COMPI.E~ON OF THE wORK FOR WHICH THE PERMIT WAS GRANTED. THE EXTENSION SHALL BE REQUESTED NOT LESS THAN THII~i'Y (30) BUSINESS DAYS PRIOR TO THE END OF THE ONE-YF. AR PERIOO. I HEREBY CERTIFY THAT I HAVE READ AND EXAI~NED 1~115 AP~UCATION AND KNOW THE SAME TO BE ~ AND cORRECT. ALI. PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS ~ OF WORI( WIM- BE C~ED VV~TH WHETHER $P~CIRED HER~N OR NOT. THE GRANTING OF A PERMIT DOES NOT I~ESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE I=~OVISIONs OF ANY OTHER STATE OR LOC/~ LAW REGULATING CONSTRUCTION OR THE I=~RFORMANcE OF CONSTRUCTION. I/II/HI~~~/~~~~~/~//~~~~~//~~~~/~~~~~~//~~~~~~///~~~~~~/~NIl/~~~~~/~~~~~~~~~~~~~~~~/~~~/~~~~~////~~~~~~/~///~~~~~~~///~~~~//~//~~IN/III~~~~~~~~~~~~~~~ (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: ICONSTRUCTION TYPE: OCCUPANCY GROUP I DIV:  FTI ~ · STORIES · tilts /DATE: ~ MAX OCCUPANT LOAD :ZONING FIRE ~NKt. ERS REGUIRED1 C~'Y ENGINEER YES I NO PU~UCWORICS · ASSESSING COPIED u z~ J. ~ IL") ~ C) g~,'l',b + 'i ' i/ / / / .- / September 7, 1994 CITY OF MOUND 5341 MAYINOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Mr. Denis Bailey ~'~4 <~- zdt'~'~' HENNEPIN COUNTY 417 North 5th Street Minneapolis, MN 55401-1309 SUBJECT: FENCE INSTALLED UNDER BRIDGE ON WILSHIRE BLVD. (COUNTY ROAD 125) AND ON PRIVATE PROPERTY, PID #24-117-24 14 0068 (4977 WILSHIRE BLVD.) Dear Mr. Bailey: On September 6, 1994 we received a complaint from a resident of Mound regarding a fence that was erected adjacent to the bridge on County Road 125 and on 4977 Wilshire Blvd. Also, during your phone conversation on September 6, 1994 with Peggy James, Planning & Inspections Secretary, you informed her that the County installed the fence at the request of the abutting owners to reduce the amount of litter, and you confirmed that the fence was installed partially on County right-of-way and on private property. The City of Mound requires a building permit for any fence. Please find enclosed Mound's Fence Ordinance and permit requirements. Note that fences located within 50 feet of the ordinary high water shall not exceed a maximum of 3 feet in height and shall maintain a see- through visibility level. A building permit application is enclosed for your use. Please submit the required survey/site plan with your application. Also, please find enclosed a Variance Application form for your use, if it is determined a variance is necessary. If you have any questions or concerns, please feel free to contact me or Peggy James. Your immediate attention to this matter is appreciated. Building Official JS:pj Enclosures CC: Thomas & Dawn Nichols, 4108 Highwood Road, Mound, MN 55364 printed on recycled paper I ! RESOLUTION NO. 94- December 13, 1994 RESOLUTION APPROVING THE FINAL 1995 GENERAL FUND BUDGET IN THE AMOUNT OF $2,418,030; SETTING THE LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT 0tACA) OF $499,460, RESULTING IN A FINAL CERTIFIED LEVY OF $1,308,670; APPROVING THE OVERALL BUDGET FOR 1995 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following final 1995 General Fund Budget appropriations: City Council Promotions Cable TV City Manager/Clerk Elections & Registration Assessing Finance Computer Legal Police Emergency Preparedness Planning and Inspection Street Shop & Stores City Property & Buildings Parks Recreation Contingencies Transfers 69,330 4,000 1,380 184,000 2,670 51 700 155,920 24 800 103 520 833,350 4 610 162 280 400 860 101,160 133,530 28,960 15,000 140,960 TOTAL GENERAL FUND 2,418,030 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following taxes for collection in 1995: December 13, 1994 SPECIAL LEVIES Bonded Indebtedness 115,580 Unfunded Accrued Liability of Public Pension Funds 33.350 Total Special Levies 148,930 TOTAL OPERATING REVENUE LEVY 1,659.200 TOTAL TO BE LEVIED FOR 1995 1,808,130 Less Homestead Agricultural Credit Aid (HACA) -499.460 FINAL CERTIFIED LEVY .1,308,670 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the final overall budget for 1995 as follows: GENERAL FUND As per above 2,418,030 SPECIAL REVENUE FUNDS Area Fire Service Fund Capital Improvement Fund Capital Projects Fund Cemetery Fund Dock Fund Pension Fund 285,330 337,360 -0- 5,840 78,700 -0- TOTAL SPECIAL REVENUE FUNDS 707,230 ENTERPRISE FUNDS Recycling Fund Liquor Fund Water Fund Sewer Fund 118,590 345,720 371,690 1,019.480 TOTAL ENTERPRISE FUNDS 1,855,480 I ii, SUMMARY General Fund Special Revenue Funds Enterprise Funds TOTAL ALL FUNDS December 13, 1994 2,418,030 707,230 1.855,480 4,980.740 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, hereby held a Public Heating on Tuesday, November 29, 1994, for consideration of the 1995 Proposed Budget and determined that the Tuesday, December 6, 1994, meeting was not necessary. ORDINANCE NO. 72-1994 ORDINANCE AMENDING SECTION 540:00, SUBD. 3 OF THE CITY CODE RELATING TO SEWER RATES; AND AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE RELATING TO WATER RATES THE CITY OF MOUND DOES ORDAIN: Section 540:00, Subd. 3 is amended to read as follows: Section 540:00. Sewer and Water Rates, Charges and Fees. Subd. Code Conditions No. Section Type of License and Terms Amount 3 600:45 Treatment Rates Sewer Rates, Residential Quarterly Charge Quarterly sewer charge For 10,000 gallons or less All over 10,000 gallons, per 1,000 gallons 1.95 Minimum Quarterly Bill 30.85 NOTE: The above minimum applies to each single family dwelling or apartment which is in accordance with existing sewer department policy. $30.85 Minimum Commercial, Including Large Apartments Monthly Charees Monthly Sewer Charges (Large Users) For 3,000 gallons or less All over 3,000 gallons, per 1,000 gallons NOTE: Minimum Monthly Bill per apartment $10.30 Minimum 1.95 10.30 Single Family Dwelling - The sewer rate shall be based on the actual usage or the first quarter actual water usage, whichever is less. ORDINANCE NO. 73-1994 AN ORDINANCE AMENDING SECTION 520 OF THE CITY CODE RELATING TO THE FEE SCHEDULE FOR PROCESSING FIRE SUPPRESSION PERMITS The City of Mound Does Ordain: Section 520:00, Building Permit, Plumbing and Related Fees is amended to read as follows: Section 520:00. Section 520 - Building Permit. Plumhin? and Relates Fees Building Permit Fees. Subd. Code No. Section T';-~ ~,f LScc:'"~,z and Tc..-::s 1.a. 300:20 (1) 1.a. 300:20 (2) Building & Inspection Fees - Effective January 1, 1987. through December 31, 1987. (Repealed by ORD. //17-1988- 11-15-88) Building & Inspection Fees - Effective January 1, 1988. Il a I,, Subd. Code ~ No. Section Tr;c ~ L~cc.".~ ~---' "'~ e 1 ~+:^_ ~n~ (g) 4 Related Subd. Code No. Section Definition: All terms used in this Subdivision !i~:~. shall be interpreted as defined in the Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code. Fees Required: The Building Code Department, before issuing any permit for the construction, installation, alteration, or repair of any furnace, boiler, heating or power plant or system, or any device or equipment connected therewith, or for any other device connected to, or to be connected with, any chimney or stack, or for the construction, installation, alteration, addition or repair of any cooling piping and equipment, or of any air conditioning system or ventilation system, or sheet metal duct work or equipment therewith, or of any refrigeration plant or equipment, shall require the payment by the applicant for such permit, fee or fees in the amount herein required. Contract Prices (including labor and materials) Fe~ $1.00 to $5,000.00 $15.00 minimum $5,001.00 tO $50,000.00 $15.00 for the first $5,000., plus $1.00 for each additional $100. or fraction thereof, to and including $50,000. $50,001.00 tO $500,000.00 $465.00 for the first $50,000., plus $.80 for each additional $100. or fraction thereof, to and including $500,000~ $500,001.00 tO $1,000,000.00 $4,065.00 for the first $500,000., plus $5.00 for each additional $1000. or fraction thereof, to and including $1,000,000. $1,000,000.00 and over $6,565.00 for the first $1,000,000., plus $4.00 for each additional $1000. or fraction ther~f. The cost of installations, alterations, additions, or repairs as used in this ' Subdivision b shall include all labor and material supplied by the contractor. In addition, it shall include all materials supplied by other sources when these materials are normally supplied by the contractor. The permit fee for the installation of gas piping for use in connection with a heating system shall be as set out in the fee table contained in Subdivision i~!!g., Gas Piping. ~:i::i~i~!~!~i~i~i:~i~i~i,~ii!iiiiililiiiiii!~i~i~i:i:i:i:!~!~i:i~. For any permit for installing gas piping, not exceeding three openings, the fee shall be $5.00 and for the piping for each additional opening, $1.00 shall be added. ~. The Building Code Department, before issuing any permit for wrecking of any building or structure, shall require the payment, by the applicant, for such permit of fees in the amount herein provided. Wrecking Permit. For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit, shall be based on the number of living units and whether or not the rebuilding of a new building will take place. The wrecking of a small minor building shall be $5.00 and if it is to be replaced on the same site the fee shall be $2.00. The wrecking of a single family wood frame construction building shall be $15.00. 3. The wrecking of a duplex shall be $20.00 For multiple dwellings, the wrecking fee shall be $20.00 for the first two (2) units, plus $2.00 for each additional dwelling unit. The wrecking of an industrial, commercial, or institutional building shall be based on the total cost of wrecking such structure at a rate of six dollars ($6.00) for each $500.00 or fraction thereof of the market value of such work. ~.~!~!~.~.¥.~.~.~.~i~i~i~i~!~.~.~.~.~.~.~.~.~.~.~.~.~.~.~~. For any permit for installing gas stoves, ranges, gas water heaters, process gas burners, or other similar gas-burning devices not used in connection with a heating system, th.e fee charged shall be as follows for each such device included in such permit: Input Fee Not exceeding 99,999 BTU $10.00 100,000 BTU but not exceeding 199,999 BTU $15.00 200,000 BTU but not exceeding 399,000 BTU $30.00 400,000 BTU but not exceeding 599,000 BTU $44.00 600,000 BTU but not exceeding 999,000 BTU $60.00 = ' :':':':'~'~.:~i~'~'~'~'~'~'~'~ ....... ,,j....os:c,r. ~,7o,cm. c:~mt FcA.' In~allation and/or Removal of Flammable and Combustible Liquids and LP Gas Tank,.. ~......~ .~ ~.~ ~.~ ..... ... ~u~.~ ....... , u~.~:. ...... :a~a ~..~u~. ~o ~rmit for ......... , ........ , .j ...... , and flammable, combustible liquids ~d LP gas storage m~ sh~l be issu~ until ~e appli~t files with the Building C~e Dep~ment a complete ~t of plus for such system approv~ by ~e Fire Chief m~d For any tank not buried or enclosed - 500 gallons or less Over 500 gallons $10.00 $15.00 2. For any tank buried or enclosed $25.00 For removal or any combustible and/or flammable liquids tanks $15.00 o For the removal of any storage tanks of above ground and/or below ground liquid gas $15.00 No surcharge is assessed for a sign, fence, retaining wall, moving/wrecking, or land reclamation/grading permit which are'all considered to be a type of building permit. (ORD. #17-1988 - 11-15-88) .i.ijjjjjjjjjjjjjjjlili~. ~:!jj:~jjjjjjjj:i:iji:i:!Sewer Availability (SAC) Charge. In accordance with regulations of the Metropolitan Waste Control Commission and the City of Mound, the Building Code Department shall collect a Sewer Availability (SAC) Charge on Building Permits issued for each building or structure to be constructed or connected to the Metropolitan Disposal System. ili~!~iiiii!!iii~i311:05 :::::::::::::::::::::::::::::::::::::: 2. 300:25 3. 310:00 I Mechanical & Gas Piping Contraction Registration (ORD. 24-1989, 3-13-89) Annual $15.00 Building Movim, Permit Fees For holding up, raising or moving any building or structure on the same lot, the fee shall be fifteen dollars ($15.00). e For such permit where the cost of the proposed work under (1) exceeds five hundred dollars ($500.00), an additional fee shall be three dollars ($3.00) for each two hundred dollars ($200.00), or fractional part thereof, in excess of five hundred dollars ($500.00) of the cost of the proposed work. e Minor buildings, as used in this section, shall be taken to mean accessory buildings, including, but not limited to, private garages, sheds, construction shacks, etc., as shall be determined by the Building Code Department. o For a permit for moving any building, except a minor building as herein defined, from one location to another on private property, or to a different lot over the streets of the City, the fee shall be fifty dollars ($50.00). For a permit for moving any minor building as herein defined, from one lot to another over the streets of the City, ten dollars ($10.00). The same permit fees shall apply to any building being moved through the City from a place outside the City to another location outside the City. Said permit fees shall only be required if the moving is off the U.S. Highways and County roads, but a permit is still required. Evidence of insurance and a cash deposit of two hundred fifty dollars ($250.00) shall be required when transporting structures over City streets, to be refunded upon approval of the City Official. Plumbing Permit Fees. Definition: A plumbing fixture shall be taken to mean and include any sink, laundry tub, bathtub, wash basin, drinking fountain, water closet, floor drain, or any other plumbing device arranged to be connected with the sewer or portable water system, either directly or indirectly. e Permit fee shall be $i5.00, plus $8.00 per fixture and $8.00 per rough in only, setting fixture only, and fixture without waste connection (sill cock). $5.00 per 100 feet of pipe or fraction thereof. I Related SuM. Code .No. Section continued... $3.00 per 100 feet of repair or fraction thereof. $15.00 for outside sewer and/or water inspections. $15.00 for private water well inspection. The permit fee for the installation of gas piping for use in connection with, a plumbing system shall be as set out in the fee table contained in Subdivision c, Gas Piping, above. e 5. 6. 7. ge 310:40 315:20 315:35 345:00 345:00 345:00 330:75 ~ Additional Inspections $ 5.00/Ea. Trailer Occupancy $ 24.00 Trailer Appeal $ 20.00 ~ Per plat $ 150.00 plus per lot $ 5.00 _.Variance Per Application $ 50.00 .Vacation of Street or Easement Per Application $ 150.00 Plats & Subdivision Preliminary Plat $ 150.00 Final Plat $ 100.00 Minor Subdivision $ 50.00: PLUS (Lot Split) $ 7.00 PER LOT OVER 2 LOTS Escrow Deposit $1,000.00 ATI'EST: Mayor City Clerk Adopted by the City Council December 13, 1994 Published in the Official Newspaper, The Laker, December 26, 1994 Two-Family Usage and Multiple Dwelling Usage - Is computed on the same basis as a single dwelling, except that the total quarterly charges on all such properties shall not be less than the number of units multiplied by the $10.30 per month, minimum charge per unit. Water used but not placed into the sanitary sewer may be deducted providing it is metered. Dwellings Connected to Sewer but not Connected to Municipal Water - Shall pay a quarterly rate of $36.70. If such users wish to pay sewer rates based on gallons of water used, they can purchase a water meter from the City and have their own plumber install the meter on their well. Conunercial and Industrial - The quarterly sewer rate is baed on the actual amount of water used each month on the same cost scale as residential (see above). Water used but not placed into the sanitary sewer may be deducted providing it is metered. Availability Charge - All dwellings not connected to the sanitary sewer must pay an availability charge of $30.85 per quarter whether occupied or vacant. Late Fee Penalty - For all bills not paid on or before the due date specified on the bill, a 10% late fee will be added. Section 540:00, Subd. 13, a. & b. are hereby amended to read as follows: 13 610:45 Water Gallonage Rates a. Service charge of $1.20 per month, per account b. For all water consumed: $1.10 per 1,000 gallons ATTEST: Mayor City Clerk Adopted by the City Council - December 13, 1994 Published in The Laker Newspaper - December 26, 1994 $10.00 for 3 days, plus $2.00 per day after third day Limited to Ten ConsecutiVe Days Only FOur Per year to any Organization .4 t~- ,vI ~, / "/- / ~ / '~ '7 ~ Dates Permit Will Be Used LICENSE # CITY OF MOUND 5341 MAYWOOD ROAD MOUND~ MINNESOTA 55364 DEC - 6 1994 TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR PERMIT Chairman Organization: /~] '~-) ~'~/~ /~/~,4.d5 orTifle: Address: ?, ~), ~ ~ 2~ ',~ / Address: Phone No.: V T ~ _ ~..~ Oa~' ~/~.4C,Home,"~.~ f:/-~/'/'~Phone: Work Phone: Section 810.10, Subd. 2. Liability Insurance. (a) Prior to the issuance of any Beer license, the applicant shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes Section 340A.801 to the City Clerk and to the Commissioner of Public Safety as a condition of the issuance or renewal of his license. Proof of financial responsibility shall be given by filing a certificate that there is in effect an insurance policy or pool providing the minimum coverages for dram shop liability as required by Minnesota Statutes, Section 340A.409, Subdivision 1. It is the intent of this section to require the minimum insurance coverages and amounts required by Minnesota law. Name of Insurance Co.: Amount of Coverage: Section 810:10. Subd. 1, Application Form. In the case of any application for a Temporary 'On-Sale' license to allow sale and consumption of beer on public land or public school lands, the applicant shall, prior to issuance of such license, file the written consent of the owner of such lands to such use of its lands. ,/ Ap/i~fican~/? Signature CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-O620 Memorandum DATE: December 8, 1994 TO: Ed Shukle, City Manager FROM' Jon Sutherland, Building Official SUBJECT: Proposed Permit Fee Revision for Fire Protection Systems The State Fire Marshal Division under Minnesota Statute 299M and Minnesota Rules 7512.0100 to 7512.2800, have been charged with regulating the fire protection industry within the State. Either the State or the local municipality must issue permits for fire protection systems. If the municipality issues permits, they are required to provide competent plan review and inspections by a person trained in fire protection systems. Our existing fee schedule is out of date and does not cover the cost of administration of the permit process. In order to maintain our permit process and continue to regulate fire protection at the local level, we have obtained the services of a fire protection consultant to supplement our current staff. These additional services result in additional permit and plan review costs, and therefore, a need to adjust our permit fee schedule. The proposed code change is to have fire suppression permit fees charged the same as building permit fees (note Exhibit A), which are based on the value of the work. I have done a comparison of fees and found that other cities also consider fire protection a building permit and apply the same UBC fee schedule. Utilizing this fee schedule, the fees should cover the administrative costs and plan review fees for processing fire suppression permits. We are also proposing some minor re-formatting of Section 520 to better clarify the Subdivision number of each section, and a modification to the Subd. 1.g. "Surcharges." Within the existing Subd. 1.g., the State Statute is re-printed, we propose to just reference the Statute number (note Exhibit B). Proposed revisions to the City Code are attached for your review. If you have any questions, please contact me. JS:pj Enclosures printed on recycled paper Hound City Code Section 520:00 Section 520 - Buildinq Permit, Plumbing and Relates Fee,, Section 520:00. Buildinq Permit Fees. No. Section 1.a. 300:20 (1) Building & Inspection Fees - Effective January 1, 1987. through December 31, 1987. (Repealed by ORD. #17-1988 - 11-15-88) 1.a. 300:20 (2) Building & Inspection Fees - Effective January 1, $15 ~ Prop. Rev. 12/7/94 Hound City Code Section 520=00 . SDarC~our Related Subd. Code No. Section Heatinq, Air Conditioninq & Ventilation. Definition: All terms used in this Subdivision ........ shall be interpreted as defined in the Minnesota Heat'~:~g, Ventilating, Air Conditioning and Refrigeration Code. Prop. Rev. 12/7/94 Hound City Code Section 520=00 Related Subd. Code No. Section continued Fees Reguired: The Building Code Department, before issuing any permit for the construction, installation, alteration, or repair of any furnace, boiler, heating or power plant or system, or any device or equipment connected therewith, or for any other device connected to, or to be connected with, any chimney or stack, or for the construction, installation, alteration, addition or repair of any cooling piping and equipment, or of any air conditioning system or ventilation system, or sheet metal duct work or equipment therewith, or of any refrigeration plant or equipment, shall require the payment by the applicant for such permit, fee or fees in the amount herein required. Contract Price-- (including labor and materials) $1.00 to $5,000.00 $5,001.00 to $50,000.00 $50,001.00 to $500,000.00 Fee $15.00 minimum $15.00 for the first $5,000., plus $1.00 fo~ each additional $100. ¢ fraction thereof, to and including $50,000. $465.00 for the first $50,000., plus $.80 for each additional $100. or fraction thereof, to and including $500,000. $500,001.00 to $1,000,000.00 $4,065.00 for the first $500,000., plus $5.00 for each additional $1000. or fraction thereof, to and including $1,000,000. $1,000,000.00 and over $6,565.00 for the first $1,000,000., plus $4.00 for each additional $1000. or fraction thereof. Prop. Rev. 12/7/94 Hound City Code Section 520=00 Related Subd. Code No. Section 31~ ',oo continued . . . The cost of installations, alterations, additions, or repairs as used in this Subdivision b shall include all labor and material supplied by the contractor. In addition, it shall include all materials supplied by other sources when these materials are normally supplied by the contractor. The permit fee for the installation of gas piping for use in connection with a heating system shall be as set out in the fee table contained in Subdivision i~!i~i!e., Gas Piping. Gas Piping. For any permit for installing gas piping, not exceeding three openings, the fee shall be $5.00 and for the piping for each additional opening, $1.00 shall be added. Wrecking Permit Fees· Fees Required. The Building Code Department, before issuing any permit for wrecking of any building or structure, shall require the payment, by the applicant, for such permit of fees in the amount herein provided. Wreckinq Permit. For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit, shall be based on the number of living units and whether or not the rebuilding of a new building will take place. me The wrecking of a small minor building shall be $5.00 and if it is to be replaced on the same site the fee shall be $2.00. The wrecking of a single family wood frame construction building shall be $15.00. 3. The wrecking of a duplex shall be $20.00 For multiple dwellings, the wrecking fee shall be $20.00 for the first two (2) units, plus $2.00 for each additional dwelling unit. The wrecking of an industrial, commercial, or institutional building shall be based on the total cost of wrecking such structure at a rate of six dollars ($6.00) for each $500.00 or fraction thereof of the market value of such work. Prop. Rev. 12/7/94 Hound City Code Section 520:00 Related Subd. Code No. Section Gas Burners. For any permit for installing gas stoves, ranges, gas water heaters, process gas burners, or other similar gas-burning devices not used in connection with a heating system, the fee charged shall be as follows for each such device included in such permit: Input Fee Not exceeding 99,999 BTU $10.00 100,000 BTU but not exceeding 199,999 BTU $15.00 200,000 BTU but not exceeding 399,000 BTU $30.00 400,000 BTU but not exceeding 599,000 BTU $44.00 600,000 BTU but not exceeding 999,000 BTU $60.00 - Installation and/or Removal of Flammable and Combustible Liquids and LP Ga~ Tanks. ...... ~ ........ ~ ~ ...... , ......................... b..t.blt ~ ................ , n o permit for the installation of :~:::~: any ~-- ~ ........... ~ ......... ~ ....... , ~t ..... t~ ~ ..... ~ .... ~-~ ...... ~ ..... ~ fla~able, ...... ~ ........ ~ ~= ...... , .... combustible liquids and LP gas storage tanks shall be issued until the applicant files with the Building Code Department a complete set of plans for such system approved by the Fire Chief and the C :.:. ................... ~ ......................................................................................................... ~ ................................................................................... ~ ....... ~M:: ~~~ ~ p~m~ ~ ~ ~ ~~ .......................................................... ......... t. ll~t .... of ...... ~, .... f~ shall~=~ t~'cn_~ dollars ~ ..... ~, ~,.~,,~,-- -- ~dd"t"-~-i ~-- ~ ~"- doll--- '~ ~ -~- ~ by .... ~ dp' .... t.ll~t .... -" "-- ...... ~ ........ ~ ,.,,- suppraszion Prop. Rev. 12/7/94 Hound City Code Section 520=00 barge __ A ut thc .~t systems, thc ~ ........ c .............. heads ctcct~r~ ................. , ~ ..... fraction thereof. Related Subd. Code Not. Section continued · · · l. For any tank not buried or enclosed - 500 gallons or less $10.00 Over 500 gallons $15.00 2. For any tank buried or enclosed $25.00 3. For removal or any combustible and/or flammable liquids tanks $15.00 4. For the removal of any storage tanks of above ground and/or below ground liquid gas $15.00 extinguishing ........ ~-~sn systems .h~ thc work such a nature that thc permit charge cannot barges Sure .- ..... t ...... crmlt ~ .... d ~.. .... --~ ~ ~ ' ty id - C~ty ....................... d . ~th Stat ........... surcharge - ~ rate. .............. permit ..... d Part D: ................. permit b~d upon Mound City Code Section 520:00 Related Subd. Code .No. Section note Exhibit B 2. 300:25 No surcharge is assessed for a sign, fence, retaining wall, moving/wrecking, or land reclamation/grading permit which are all considered to be a type of building permit (ORD. #17-1988 - 11-15-88) ' Sewer Availability (SAC) Charge. In accordance with regulations of the Metropolitan Waste Control Commission and the City of Mound, the Building Code Department shall collect a Sewer Availability (SAC) Charge on Building Permits issued for each building or structure to be constructed or connected to the Metropolitan Disposal System. Mechanical & Gas Piping Contraction Registration Annual (ORD. 24-1989, 3-13-89) ~uilding Moving Permit Feem $15.00 1. For holding up, raising or moving any building or Prop. Rev. 12/7/94 Mound City Code Section 520:00 structure on the same lot, the fee shall be fifteen dollars ($15.00). Related Subd. Code No. Section continued · · · For such permit where the cost of the proposed work under (1) exceeds five hundred dollars ($500.00), an additional fee shall be three dollars ($3.00) for each two hundred dollars ~($200.00), or fractional part thereof, in excess of five hundred dollars ($500.00) of the cost of the proposed work. 310:00 Minor buildings, as used in this section, shall be taken to mean accessory buildings, including, but not limited to, private garages, sheds, construction shacks, etc., as shall be determined by the Building Code Department. For a permit for moving any building, except a minor building as herein defined, from one location to another on private property, or to a different lot over the streets of the city, the fee shall be fifty dollars ($50.00). For a permit for moving any minor building as herein defined, from one lot to another over the streets of the city, ten dollars ($10.00). The same permit fees shall apply to any building being moved through the city from a place outside the city to another location outside the city. Said permit fees shall only be required if the moving is off the U.S. Highways and County roads, but a permit is still required. Evidence of insurance and a cash deposit of two hundred fifty dollars ($250.00) shall be required when transporting structures over city streets, to be refunded upon approval of the city official. Plumbinq Permit Fees. Definition: A plumbing fixture shall be taken to mean and include any sink, laundry tub, bathtub, wash basin, drinking fountain, water closet, floor drain, or any other plumbing device arranged to be connected with the sewer or portable water system, either directly or indirectly. Prop. Rev. 12/7/94 Hound City Code Section 520=00 Permit fee shall be $15.00, plus $8.00 per fixture and $8.00 per rough in only, setting fixture only and fixture without waste connection (sill cock). $5.00 per 100 feet of pipe or fraction thereof. Related Subd. Code No. Section continued . . . 3. $3.00 per 100 feet of repair or fraction thereof. 4. $15.00 for outside sewer and/or water inspections. 5. $15.00 for private water well inspection. The permit fee for the installation of gas piping for use in connection with a plumbing system shall be as set out in the fee table contained in Subdivision c, Gas Piping, above. 4. 310:40 5. 315:20 6. 315:35 7. 345:00 8. 345:00 9. 345:00 10. 330:75 Plumbing Additional Inspections $ 5.00/Ea. Trailer Occupancy $ 24.00 Trailer Appeal $ 20.00 Platting Per plat $ 150.00 plus per lot $ 5.00 Variance Per Application $ 50.00 Vacation of Street or Easement Plats & Subdivision Per Application Preliminary Plat Final Plat Minor Subdivision (Lot Split) Escrow Deposit $ 150.00 $ 150.00 $ 100.00 $ 50.00: PLUS $7.00 PER LOT OVER 2 LOTS $1,000.00 Prop. Rev. 12/7/94 Exhibit A Ilni. fnrm Rl ildina Code 3-A TABLE NO. 3-A--BUILDING PERMIT FEES IOTAL VALUAIION FEE $ I .{){} I~ 5501 .{X)t~ $2,{){)0.{)U $25,001 .(){)to $50,001.{x} to $ 5,1{){).{){} 1 .(}{) 1~ $l $ l .0{}{),{}{) l .0[) alld tip $15.00 $15.{}0 for the first $300.00 plus $2.00 for each additional $ l()t).[)O or fraction tltercof, to and including $2,000.00 $-15.()t) I'or thc first $2,{)00.{}0 plus 59.0U for each addi- ti<mai $1,000.00 o~' fraction thereof. Io and including $25 .O00.OO $252.00 for thc first $25,000.00 plus $6.50 for each addi- tional $I,()00.00 or l'ractitm thereof, to and including $50,000.00 $414.50 for the first $50.000.00 plus $4.50 for each addi- titmal $1,0t10.00 or fraction thereof, to and including $1{)0,000.00 $639.50 for thc first $1(}0.0(}0.(}0 plus ~3.50 for each additional $1 .{}00.00 or fractitm thcrcof $2039.50 for thc first $500.000.00 plus $3.00 for each ',~dditional $1 .()t)0.00 or fraction thereof, to and including $1.0()0 $3539.50 for the first 51,000.000.00 plus $2.00 for each additional 51.0()0.00 ~r fraction thereof {)lhcr lnspcclions and Fees: I. Inspections outside of nurmal business hours .................. $30.00 per hour* {minimum charge--two horn's) 2. Rcinspcction fccs assessed under l)rOvisioi~s of Section 305 (g) .......................................... $30.00 per hour* 3. In,q~ccti~ms for which no fcc is specifically imlicatcd ............................................... $30.00 per hour* {minimum ch;u ge---one-half hour) 4. Additional pI;m ~'cview rcqui~cd by changes, additions or ~cvisions Io approved plans .............................. $30.00 per hour*' {minimtm~ charge----one-half hour} *()r linc total hotu Iv cost lo thc jurisdictiol~. ;~ hichcvcr i:.; the greatest. This cost shall include SUl~crvisitm. OVClJlCild. CtlUil)~ncnt. hourly wages and fringe benefits of the cmtqoyces involved. Exhibit B Minnesota State Statute 16B.70 SURCHARGE. Subdivision 1. Computation. To defray the costs of administering sections 16B.$9 to 16B.73, a surcharge is imposed on all permits issued by municipalities in connection with the construction of or addition or alteration to buildings and equipment or appur- tenances after June 30, 197 I, as follows: If the fee for the permit issued is fixed in amount the surcharge is equivalent to one- half mill (.0005) of the fee or 50 cents, whichever amount is greater. For all other per- mits, the surcharge is as follows: (I) if the valuation of the structure, addition, or alteration is $1,000,000 or less, the surcharge is equivalent to one-half mill (.0005) of the valuation of the structure, addition, or alteration; 209 (2) if the valuation is greater than $1,000,000, the surcharge is $500 plus two-fifths mill (.0004) of the value between $1,000,000 and $2,000,000; (3) if the valuation is greater than $2,000,000, the surcharge is $900 plus three- tenths mill (.0003) of the value between $2,000,000 and $3,000,000; (4) if the valuation is greater than $3,000,000, the surcharge is $1,200 plus one- fifth mill (.0002) of the value between $3,000,000 and $4,000,000; (5) if the valuation is greater than $4,000,000, the surcharge is $1,400 plus one- tenth mill (.0001) of the value between $4,000,000 and $$,000,000; and (6) if the valuation exceeds $$,000,000, the surcharge is $1,500 plus one-twentieth mill (.00005) of the value that exceeds $$,000,000. Subd. 2. Collection and reports. All permit surcharges must be collected by each municipality and a portion of them remitted to the state. Each municipality having a population greater than 20,000 people shall prepare and submit to the commissioner once a month a report of fees and surcharges on fees collected during the previous month but shall retain two percent of the surcharges collected to apply against the administrative expenses the municipality incurs in collecting the surcharges. All other municipalities shall submit the report and surcharges on fees once a quarter but shall retain four percent of the surcharges collected to apply against the administrative expenses the municipalities incur in collecting the surcharges. The report, which must be in a form prescribed by the commissioner, must be submitted together with a remit- tance covering the surcharges collected by the 15th day following the month or quarter in which the surcharges are collected. All surcharges and other fees prescribed by sec- tions 16B.59 to 16B.71, which are payable to the state, must be paid to the commis- sioner who shall deposit them in the state treasury for credit to the general fund. History: 1984 c 544 s 75; ISp1985 c 13 s 127; 1989 c 303 s 1; 1989 c 335 art 4 s 11; 1991 c 2 art 7 s 5 BILLS ---December 13, 1994 BATCH 4113 $299,012.94 BATCH 4114 TOTAL BILLS 106,724.70 $405,737.64 0 0 ,...I ~ ?~J ,..,4 t";J ~ o o Z 0 Z 0 Z n Q~ r~ Z Z 0 o ! ! 0 0 Z uJ uJ Z ~J U. 0 CC 'Z C) ZZZ~ZZ Il it, Z 0 Z 0 OZ I ? ? ? = 4 ........ jjJjj .............. 444 ........ j · '", ,,,.t 0 ~ ~ Z 0 0 Z ~X> Z Z ..~ Z .-r. ~ I I ! g ! Z 0 ZZ U 0.-.; ~Z ..... ;444 44;4 ........................ 4 I Z ~ ~ ~ZO N o U 0 ~,~ "J"' Z n~ 0 Z , T ? ? ? Z < ~ < ~ < ~ <~ ~ <~ <~ <~ o <~ Z 0 ~'~0 Z Z 0 o ! I I ° ~ ~ ° o Z 0 .~. ..--. · -4 Z .,-4 Z o o~ ? ,T n,,' 0 Z 14.1 Z C> Z ~ Z ._g Z LLJ ZZ ~. oo o u,.I 0 0 Z ,il II BL Ii:, Ii JI, :32 Z 0 u Z O~-- Z d Z Z I-- 0 0 3:: ,,~ 0 12: ,,, bJ Z :33 I O_a I,--z 0-3 g§ · JJJJJ4444~j Z ggg g 0 o z 0 0 Z 0. C~ Z 0 z Z 0 ~'~ Z Z 0 Z Ltl d = .. j ................. j ........... jj . z ~ bJ 0 ~0 ZZ MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF NOVFI~R ]994 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 11/14 11/21 ~4X~S HZLRS H/RS RAIE 1 ~EF? ~NDER~FN X ~ 2 19.00 4 47 6.00 282.00 2 GRFG AND~R.qON X ~ 1 9.50 O 51 6,OO 2]~6.OO 3 ,J~,~B-~, RE F I R ED ....... ! ...................... 4 PAI~ B~BB X X 2 19.00 2 50 6,00 300.00 5 D~VE RgYT) X X 2 19.00 2 25 6.00 ]50.00 6 SCOTT BRYCE X ~.~E~ 1 9.50 2~ 29 6.00 174.O0 7 DAVE CARLSON X X 2 19.00 3 33 6,00 198.00 8 JIM CASE% X ~ 1 9.50 2 35 6.00 210.00 9 STEVE COLLINS X X 2 19.00 2 28 6.00 168.00 10 BOB CRAWFORD X X 2 19.00 2 36 6.00 216.00 11 RANDY ENGELHART X X 2 19.00 3 22 6.00 132.00 12 STEVE ERtCKSON X X 2 19.00 0 41 6.50 266.50 13 PHIL FISK 30 D~kY LEAV] OF ABS]iNCE 0 I 14 DAN GRADY X X 2 19.00 0 37 6.00 222.00 15 KEVIN GRADY X X 2 19.00 2 31 6.00 186.00 16 C[L~IG HENDERSON X X 2 19.00 1 33 6.00 198.00 17 PAUL IIENRY X (~ 1 ).50 6 27 6.00 162.00 18 JASON MAAS X X 2 19.00 2½ 35 6.00 210.00 19 JO~ NAFUS X X 2 19.00 2 21 ' 6.00 126.00 20 JAMES NELSON X X 2 19.00 3 25 6.00 150.00 21 MARV NELSON X ~j' 1 9.50 3 27 6.00 162.00 22 BRET NICCUM X X 2 19.00 1½ 22 6.00 132.00 23 GREG PALM X X 2 ] q.OO 2~ ' ' 27 6.~D ] 69 DD 24 MIKE PAI2.1 X X 2 lq.OD 2 3Q 6_DO ]jn nn 25 TIM PALM X X 2 lq.00 2 36 6.00 216 (3~ 26 GREG PEDERSON X X 2 19,00 0 30 6.25 187_5o 27 CHRIS POUNDER X X 2 19.00 3 24 6.00 ]44.00 28 TONY RAS~FOSSEN 6 MO! rH SUS} ENSION O 29 MIKE SAVAGE X X 2 19.00 5 36 6.00 216,00 30 KEVIN SIPPRELL X X 2 19.00 2~ 18 6.00 108.00 .. 31 RON STALLblA~N ~ (E> 0 090 0 24 6.00 144.00 32 TOM S~ENSON DISA] [LITY lEAVE 0 x x 2 .19.00 2 32 6.00 192..00 33 B ,CE VO DA x x 2 19.00 2 36 6.00 216.00 ..... 34 ED VANECEK ..... 35 RICK WII~LIA~L9 X X 2 19.00 6 34 6.00 204.00 36 TIH WILLIAMS ['~ X 1 9.50 0 24 6.00 144.00 37 DEbt, IS WOYTCKE X X 2 19.00 1 29 6.00 174.00 31 27 58 %U~ALS 77½ 67½ 145 551 71½ 1035 W~ 6,238.00 145 II, TI L~ . 551 .OO 71½ ~ ._ 1,167.00 ~[YfAL 7,956 .OO MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT THIS .LAST '~uS YEAR LAST YEAR MONTH OF NOVt~[BER 1994 MON/~ MONTH TO DATE TO DATE NO. OF CALLS 57 55 582 553 MOUND FIRE ] 3 8 122 111 EMERGENCY 28 19 ~ 216 MINNETONKA BEACH FIRE O 2 22 9 MMERGENCY 0 0 1 MINNETR I STA FIRE 3 6 20 28 ~M~IRGENCY 2 3 4Z 36 9RONO .,FIRE 4 6 37 27 EMERGENCY .3 2, 25 25 SHOREWOOD FIRE O 0 O 4 ~MERGENCY O ] 5 4 ~PRING PARK FIRE 2 5 35 25 Fz~-'RGENCY 2 2 33 62 ,IUTUAL AID - FIRE 0 O. 5 4 ~IMERGENL'Y 0 1 2 1 ~OTAL FIRE CALLS 22 27 241 tOTAL EMERGENCY CALLS 35 ?8 341 350 ~0MMERCIAL ?, 1 10 RESIDENTIAL q A 52 56 rNDU S-l'lcI AL N N N N ~'~ASS & MISCELLANEOUS 4 11 75 61 ~UTO O 1 7 1 [,A~E ALAm~ / FIRE ALAmCS 7 10 ql ~0. OF HOORS FIRE ?'~D ] 6R 2707 ?AQ7 - MOUND . .MM~GENCY 5~6 qn~ A5~5 TOTAL 766 51 l 7242 6431 FIRE Q 38 370 99 - MTKA BEACH ~ERGENCY Q O ]1 70 ., TOTAL 0 ~8 381 1 6q FIRE ~4 61 298 - M'TRISTA ~7.~IRGENCY 18 56 753 TOT_AL 52 11 7 1051 11Rtl - ORONO ~.~ERGENCY 66 30 418 ~ 520 TOTAL 151 142 ] ] 82 1 FIRE O 0 0 80 - SHOREWOOD ~4ERGENCY Q 2] 94 7] TOTAL 0 2,] 94 ] FIRE 43 104 76R - SP. PARK .M~ff~RGENCY 23 45 699 1770 TOTAL 66 14q 1 Ag7 1726 FIRE 0 0 200 ] 64 - MUTUAL AID EMERGENCY 0 9 .~6 30 TOTAL 0 9 2~6 1 94 :OTAL DRILL HOURS 145 155 1817% ~777~ ~OTAL FIRE HOURS 392 483 51D7 ~'R~7 ~OTAL EMERGENCY HOURS 643 504 ~6 6590 DTAL FIRE & EMERGENCY HOURS 11035 987 ~ ~ 10,947 [UTUAL AID RECEIVED Q Q 4 ? iUTUAL AID ~IVW. N D ] 7 DRILL REPORT MOUND--FIRE--DEPARTMENT cipline and Teamwork Critique of fires Pre-plan and Inspections Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : Excused X Unexecused O Present / Not Paid ellaneous : PERSONNEL -o ____~{~J.Anderse~ G.Anderson P.Babb D.Boyd .Bryce .~.Carlson .Casey  S.Collins .' B.Crawford ~--~R.Engelhart ~.Erickson .Fisk Z\~ D.Grady ~K.Grady ~C.Henderson \ P.Henry ~ .Maas M'Nafus J.Nelson Nelson [Niccum ~[% G Palm Palm Palm '~1' ~[Pederson C.Pounder T.Rasmussen M.Savage K.Sipprell R.Stallman B.Svoboda T.Swenson ~E.Vanecek Z~.Wil 1 isms .Williams D.Woytcke DRILL REPORT -MOUND--FIRE--DEPARTMENT. Discipline and Teamwork Critique of fires Pre-plan and Inspections .,Tools and Apparatus Identify Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self-Contained Masks Pumper Operations Fire Streams & Friction Loss House Burnings Natural/Propane Gas Demos. Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzles & Hose Appliances Hours Training Paid : ~Excused X Unexecused O Present / Not Paid PERSONNEL ~_J.Anderse~ G.Anderson P.Babb D.Boyd S.Bryce D.Carlson ~_~J.Casey S.Collins ·  B.Crawford % R.Engelhart S.Erickson ~P.Fisk i 'Grady K.Grady .Henderson .Henry LJ'Maas J.Nafus .Nelson~.Nelson .Niccum .Palm _M'.Palm T.Palm ~G.Pederson ~[~ C.Pounder .Rasmussen .Savage .Sipprell .Stallman .Svoboda .Swenson ~_~_E.Vanecek \~.~.Williams .Williams %~,_D.Woytcke DATE MOUND FIRE DEPARTMENT TOTAL MAINTENANCE 'FOR MONTH OF MEN ON DUTY ~/ J. ANDERSEN 0 G. ANDERSON ~) 3. BABB ~ P. BABB ~ D. BOYD s. RYCE ,~ D. CARLSON ~ J. CASEY _~ S. COLLINS' ~ B. CRAWFORD .~ R. ENGELHART ~ S. ERICKSON O P. FISK d 'D. GRADY ,~ K. GRADY ./ C. HENDERSON 6- P. HENRY ,_~. j. MAAS ~,. J. NAFUS .~ J. NELSON ~ M. NELSON /~ B. NICCUM ~ G. PALM ~=Q M. PALM ~ T. PALM O G. PEDERSON ,~ C. POUNDER ~ T. RASMUSSEN ~ M. SAVAGE =~ K. SIPPRELL d) R. STALLMAN ~ T. SWENSON =,~ B. SVOBODA ,~ E. VANECEK ~ R. WILLIAMS ~ T. WILLIAMS / D. WOYTCKE CITY OF MOUND December 8, 1994 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: Ed Shukle, City Manager FROM: Fran Clark, City Clerk RE: November Monthly Report There were two regular City Council Meetings and the Truth in Taxation Meeting in November. There was agenda preparation, packets, minutes, resolutions and follow-up items from each meeting. Included in those items were the assessment lists that were certified to the County. Also before the end of November all the payments made on those assessments were sent to the County. Of the $39,526.47 at the hearing, $6,167.48 was paid on delinquent water and sewer bills and prepayment sheets (one on each property) had to be prepared and submitted to Hennepin County. Two cemetery lots were sold in November and several stake outs were done by Public Works. All the transactions that happened in the cemetery, i.e. sales of lots and burials have been submitted to the City Engineer so that he can update the cemetery map. of course, there was the November General Election which I think is going to go on forever. As you know, we had a recount of the School District Bond Referendum and that did not change the no's to yes's so now an election contest has been filed in District Court. I will keep you advised. The election itself ran very well with no machine problems. The judges did a marvelous job. I got good feedback from the election video we did this year and I feel it really helped in the training. There were the usual calls and questions from residents on various items. fc printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PARKS DEPARTMENT NOVEMBF. R 1994 MONTHLY REPORT Parks All seasonal employees are now gone. I will have one part-time person flood the skating rinks and help with snow removal. This should begin in December. With such a mild November, we were able to accomplish a few projects that have had to wait. A rack was made to hold all the attachments for the bobcat. This took considerable time because it is made of metal tubing and had to be welded. This will allow us to stack all of these attachments and give us more storage room in the shop. A chain link fence was installed next to the Island Park Hall with slates to create a visual barrier for stored items. Cemetery_ We had two burials in November. No damage was done over the Halloween weekend. Trees Five trees were removed from City property and one tree was marked hazardous on private property. We also did a clearing of underbrush and downed dead trees next to the depot building at Mound Bay Park. This year we will still provide three small rinks at Three Points Park, Highland Park and Philbrook Park. With the weather being so mild, we will not start flooding until December. Also, as last winter, the lights will not be on for these rinks. We have seen so much vandalism of the time clocks that the cost to repair was too expensive. Docks The Dock Inspector has begun doing rounds of all dock areas looking for proper storage of docks. JF printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 5, 1994 TO: MAYOR, CITY COUNCIL AND CITY MANAGER FROM' JOEL KRUMM, LIQUOR STORE MANAGER ~/' SUBJECT: NOVEMBER MONTHLY REPORT ~ ~' ~ 'X' ~ ~ 'X' ~ ~ ~ ~e ~ ~ ~ ~ .~ ~ .X..X. ~ ~ ~ ~ ~ ~ ~ ~. ~ .X. ~. ~ ~. ~..X. ~ ~ .~ ~. ~ .X. ~ ~ ~ ~ ~ ~ ~ ~ Sales for November were far above my expectations. I was greatly surprised when the gross sales for the month totaled $118,851. I had previously thought that we would just match the sales of November last year. As it turned out we were $6,772 ahead of November 1993. We were also up by 275 more customers. Gross sales to date are $1,330,773 compared to $1,284,111 at the same time last year. Customer count to date is 101,491. Last year at this time we had 100,764. Just out of curiosity, I looked back 10 years in our records to see what sort of business we did for Thanksgiving and for the whole month of November. I had been here for 5 months by then and I thought it would be fun to compare then and now. On the Wednesday before Thanksgiving 1984, sales were $6,501 and the customer count was 607. In 1994, or the Wednesday before Thanksgiving, we did $14,718 and the customer were 852. For the whole month of November in 1984, sales inched just over $61,000. When I look over all of the other months in 1984, I see the same pattern developing where we have doubled the sales since then. Does this mean by the year 2004 we will be doing $2,734,000 in sales? Only time will tell. JK:ls printed on recycled paper LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Len Harrell Monthly Report for November 1994 The police department responded to 997 calls for service during the month of November. There were 26 Part I offenses reported. Those offenses included 1 criminal sexual conduct, 4 burglaries, 19 larcenies, and 2 vehicle thefts. There were 67 Part II offenses reported. Those offenses included 2 child abuse/neglect, 3 forgery/NSF checks, 6 narcotics, 13 damage to property, 1 liquor law violation, 5 DUI's, 3 simple assaults, 6 domestics (4 with assaults), 3 harassment, 6 juvenile status offenses, and 19 other offenses. The patrol division issued 125 adult citations and 4 juvenile citations. Parking violations accounted for an additional 7 tickets. Warnings were issued to 63 individuals for a variety of violations. There was 3 adults arrested for a felonies. There were 27 adults and 6 juveniles arrested for misdemeanors. There were an additional 8 warrant arrests. The department assisted in 5 vehicle accidents, 3 with injuries. There were 38 medical emergencies and 53 animal complaints. Mound assisted other agencies on 7 occasions in November and requested assistance 8 times. MOUND POLICE DEPARTMENT MONTHLY REPORT - NOVEMBER 1994 II. INVESTIGATIONS The investigators worked on 4 child protection issues and 4 criminal sexual conduct cases in November. Those 8 cases accounted for 65 hours of investigative time. Other cases investigated included burglary, assault, violation of an order for protection, theft, stalking, damage to property, narcotics, trespass, harassing communications, and false information to police. Formal complaints were issued for terroristic threats, hit and run accident, false information to police, theft, assault, worthless checks and minor consumption. Ill. Personnel/Staffilgg The department used approximately 54 hours of overtime during the month of November. Officers used 86 hours of comp-time, 104 hours of vacation, 154 hours of sick time, and 14 holidays. Officers earned 38 hours of comp-time. CSO June Hyland resigned November 23rd to take a full-time position. A reception was held at city hall. Sgt. Grand completed training at the Southern Police Institute and has returned to duty. Officers attended five days of mandatory training and a department firearms course during November. Officer Denneson attended an officer survival course five days. The reserves donated 200 hours during the month of November. We currently have seven active reserve officers who are doing an excellent job for the community. MOUND POLICE DEPARTMENT NOVEMBER 1994 O~qsE$ CLEARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV ~kRT I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 1 1 0 19 1 2 2 2 0 2 0 0 0 0 0 0 0 0 0 0 0 TOTAL 26 I 2 4 3 0 p;~RT II CRIMES Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 2 0 0 1 0 0 3 0 1 0 0 0 13 1 0 0 2 0 0 0 0 0 0 0 6 0 0 6 6 1 1 0 0 1 0 1 5 0 0 5 5 0 3 0 0 0 0 0 4 0 1 2 2 0 2 0 0 0 0 0 3 0 1 1 1 0 6 0 2 4 0 4 1 0 0 1 3 0 1 0 0 1 0 0 17 0 0 8 8 0 TOTAL 67 I 5 30 27 6 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 2 3 0 38 53 7 774 877 HCCP Inspections TOTAL 3 24 997 34 3O MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT NOVEMBER 1994 GENERAL ACTIVITY SUMMARY 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 Misdemeeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS MONTH 68 51 13 83 58 7 5 5 2 3 0 4 33 0 7 26 67 38 53 24 774 YEAR TO DATE 632 486 166 354 667 252 83 71 95 36 0 29 366 37 103 325 760 299 946 479 8,661 LAST YEAR TO DATE 624 644 165 281 1,157 304 7O 56 70 22 0 39 274 41 76 302 690 366 1,322 8,731 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,321 50 18 3 7 8 14,847 483 434 42 133 95 15,234 508 300 63 151 47 NOVEMBER 1994 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 Stop Arm Violations 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 Code Enforcement Seat Belt MV/ATV Miscellaneous Tags TOTAL 5 5 0 7 0 67 0 0 8 0 2 0 0 0 24 0 0 7 0 4 2 1 0 0 132 0 0 0 0 0 0 1 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor NOVEMBER 1994 12 14 12 0 6 7 0 0 0 4 55 1 6 2 2 3 0 0 0 0 0 1 0 8 Run: 1-Dec-94 15:22 PRO03 Primary ISN's onty: No 10/26/94 - 11/25/94 rrepOrted range: ctivity codes: Att operty Status: Att Property Types: All Property Descs: All Brands: AIl Models: All Officers/Badges: All Prop Prop lnc no ISN Pr Prop Date Rptd Stolen Tp Desc S# Stat Stolen Value MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Date Recov~d Quantity Act Recov~d Value Code Page Brand Model Off-1 Off-2 Assnd Assnd A B J R S T 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: 5,500 200 75O 1,724 1,260 365 560 105 10,464 0 0 0 429 0 2OO 0 5 634 2.000 1.000 2.000 6.000 2.000 4.000 7.000 4.000 28.000 Run: 2-Dec-94 11:00 CF$08 Primary ISN's only: No Date Reported range: 10/26/94 - 11/25/94 Time range each day: 00:00 - 23:59 How Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: MOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION L._. INCIDENTS 9000 SPEEDING 67 9003 J-NO D/L, EXPIRED D/L 1 9014 STOP SIGN 2 9040 NO SEATBELT 1 9100 PARKING/ALL OTHER 6 9150 NO TRAILER PARKING 1 9200 DAS/DAR/DAC 7 9210 PLATES/NO-IMPROPER-EXPIRED 8 9220 NO INSURANCE/PROOF OF 24 9221 J-NO INSURANCE/PROOF OF 3 9301 LOST PERSONS 2 9312 FOUND ANIMALS/IMPOUNDS 6 9313 FOUND PROPERTY 2 9420 DERELICT AUTO 2 9430 PERSONAL INJURY ACCIDENTS 2 9440 H/R PERSONAL INJURY ACC. 1 9450 PROPERTY DAMAGE ACCIDENTS 1 9451 H/R PROPERTY DAMAGE ACC. 1 9561 DOG BITE 2 9566 AN]KAL ENFORCEMENT TICKETS 4 9567 DANGEROUS DOG 1 9730 NEDICALS Page Run: 2-Dec-94 11:00 CFS08 primary ISN's only: leported range: ~ange each day: How Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: ACTIVITY COOE DESCRIPTION No 10/26/94 - 11/25/94 00:00 - 23:59 ALL ALL ALL ALt ALL ALL ALL 97-51 MEDICALS/DX 9800 ALL OTHER/UNCLASSIFIED 9801 DOMESTIC/NO ASSAULT 9802 PUBLIC ASSIST 9900 ALL HCCP CASES 9904 OPEN DOOR/ALARMS INSPECTIONS DEPARTMENT 9930 HANDGUN APPLICATION 9945 SUSPICIOUS PERSON 9950 INFO/INT 9980 WARRANTS 9990 MISC. VIOLATIONS 9992 MUTUAL AID/8100 9993 MUTUAL AID/6500 A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5502 ASLT 5-THRT BOOILY HARM-NO WEAP-ADLT-ACQ A9505 B1230 B3334 B3794 TERROR-THRT INFLT BH-UNK WEAP-CHLD-ACQ BURG 1-OCC RES NO FRC-D-UN WEAP-UNK ACT BURG 1-OCC RES NO FRC-N-UN WEAP-UNK ACT BURG 3-UNOCC RES FRC-D-UNK WEAP-COM THEFT BURG 3-UNOCC NRES FRC-U-UNK WEAP-COM THEFT MOUND POLICE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE HUMBER OF INCIDENTS 2 5 1 3 5 5 1 3 8 5 3 2 2 1 1 1 1 1 Page Run: 2-Dec-94 11:00 CFS08 Primary ISN's only: No Date Reported range: 10/26/94 - 11/25/94 Time range each day: 00:00 - 23:59 How Received: Activity ResuLted: ALL Dispositions: ALL Officers/Badges: ALL Grids: At[ Patrol Areas: Att Days of the week: Att ACTIVITY COOE DESCRIPTION MOUND POLICE DEPARTMENT Enfors Ca[Is For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS C1231 FORGERY-FE-UTT POSSESS PLACE-DOCUM-PERSON 1 D8500 DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION 3 DCSO0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 3 J2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR 1 J2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH 1 J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 4 J3EO0 TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH 4 L7173 CSC 4-NO FRC-ACQUAINT-13-15-F 1 M3001 JUVENILE-ALCOHOL OFFENDER 1 M5313 JUVENILE-CURFEW 1 M5350 JUVENILE-RUNAWAY 5 M6201 CONSERVATION-ANIMALS 1 M8199 CRUELTY TO ANIMALS-OTHER 1 N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT 1 N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 3 P1130 PROP DAMAGE-FE'BUSINESS-UNK INTENT 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 8 P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT 4 P3310 TRESPASS-MS-PRIVATE-UNK INTENT 1 TBO02 THEFT-MORE 2500-FE-UN[NO~N-SERVICES 1 TC021 THEFT-501'2500-FE-BUILDING-MONEY 1 TC169 THEFT-501-2500-FE-WATERCRAFT.OTN PROP 2 Page Run: 2-Dec-94 11:00 CFS08 Primary ISN~s only: NO range: 10/26/94 - 11/25/94 each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: Grids: AlL Patrol Areas: All Days of the week: All ACTIVITY COOE DESCRIPTION TF029 THEFT-201-5OO-GM-BUILDING-OTH PROP TF059 THEFT-201-5OO-GM-YARDS-OTH PROP TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP TG029 THEFT-LESS 200-GM-BUILDING-OTH PROP TG059 THEFT-LESS 200-GM-YARDS-OTH PROP TG069 THEFT-LESS 200-GM-MAILS-OTH PROP THEFT-LESS 200-GM-MOTOR VEH-MONEY TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP U1062 THEFT-FE-BY SWINDLE OR TRICK-$2501-$19999 U3015 THEFT'MS'BY CHECK-$251-$300 U3028 THEFT-MS-ISSUE WORTHLESS CHECK-200 OR LESS U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS V1024 VEH THEFT-FE-OVER 2500-SNOWMOBILE VB024 VEH-501 2500-FE-THEFT-SNO~OBILE X3080 X3200 Y3230 CRIM AGNST ADMN JUST-MS-OBST LEGAL PROCESS CRIM AGNST ADH JUST-MS-GIVE FLSE NAM POL CRIM AGNST GOVN-MS-ESCAPE TAX-HTR VEH MOUND POLICE DEPARTMENT Enfors Carts For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 1 1 1 1 1 1 1 6 1 1 1 1 1 1 1 2 1 **** Report Totals: 314 Page Run: 1-Dec-94 15:10 OFF01 Primary ISN's on[y: No Date Reported range: 10/26/94 - 11/25/94 Time range each day: 00:00 - 23:59 Dispositions: AIl Activity codes: At[ Officers/Badges: Att Grids: MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ACT ACTIVITY COOE DESCRIPTION ~5351 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5354 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5502 ASLT 5-THRT BOOILY HARM-NO WEAP-ADLT-ACQ A9505 TERROR-THRT INFLT BH-UNK WEAP-CHLO-ACQ B1230 BURG 1-OCC RES NO FRC'D-UN WEAP-UNK ACT B1260 BURG 1-OCC RES NO FRC-N-UN WEAP-UNK ACT B3334 BURG 3-UNOCC RES FRC-D-UNK ~EAP-COI4 THEFT B3794 BURG 3-UNOCC NRES FRC-U-UNK ~EAP-COH THEFT C1231 FORGERY-FE-UTT POSSESS PLACE-DOCUM-PERSON D8500 DRUGS-SMALL AMOUNT MARIdUANA-POSSESSION DCSO0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK J2500 TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR d2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INd-UNK VEH d3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR J3EO0 TRAF-ACC-MS-AL 10 MORE-UNK INd-UNK VEH L7173 CSC 4-NO FRC-AC~UAINT-13-15-F M3001 JUVENILE-ALCOHOL OFFENOER M5313 dUVENILE-CURFE~ M5350 JUVENILE-RUNAWAY M8199 CRUELTY TO ANI~LS-OTHER DISTURB PEACE-MS-DISORDERLY CONDUCT DISTURB PEACE-MS-HARRASSING COMMUNICATIONS PROP DAMAGE-FE-BUSINESS-UNK INTENT N3030 N3190 Pl130 tSO ? ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 4 0 4 1 2 0 1 3 75.0 2 0 2 I I 0 0 1 50.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 1 0 1 1 0 0 0 0 0.0 3 0 3 0 2 I 0 3 100.0 3 0 3 0 3 0 0 3 100.0 1 0 1 0 1 0 0 1 100.0 1 0 1 0 1 0 0 1 100.0 4 0 4 0 4 0 0 4 100.0 4 0 4 0 4 0 0 4 100.0 1 0 1 0 0 1 0 1 100.0 1 0 1 0 0 1 0 1 100.0 1 0 1 0 0 1 0 1 100.0 5 0 5 0 0 3 2 5 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 1 3 0 3 1 1 0 1 2 66.6 1 0 1 1 O' 0 0 0 0.0 Run: 1-Dec-94 15:10 OFF01 Primary ISNms on[y: No Reported range: 10/26/94 - 11/25/94 -ange each day: 00:00 - 23:59 Dispositions: Ali Activity codes: Officers/Badges: All Grids: MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS OFFENSES REPORTED ACT ACTIVITY COOE DESCRIPTION PROP DAHAGE-MS-PRIVATE-UNK INTENT PROP DAHAGE-MS-BUSINESS-UNK INTENT TRESPASS-MS-PRIVATE'UNK INTENT THEFT-MORE 2500-FE-UNKNOWN-SERVICES THEFT-501-2500-FE-BUILDING'MONEY THEFT-501-2500-FE-WATERCRAFT'OTH PROP THEFT-2OI-5OO-GM-BUILDING-OTH PROP THEFT-201-5OO-GM-YARDS-OTH PROP THEFT-2OI-5OO-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-GM-BUILDING-OTH PROP THEFT'LESS 200-GM-YARDS-OTH PROP THEFT-LESS 200-GM-HAILS-OTH PROP THEFT'LESS 200-GM-MOTOR VEH-MONEY THEFT-LESS 200-GM'MOTOR VEH-OTH PROP THEFT-FE-BY SWINDLE OR TRICK-$2501-$1~ THEFT-MS-BY CHECK'$251-$300 THEFT-MS'ISSUE WORTHLESS CHECK-200 OR LESS THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS VEH THEFT'FE-OVER 2500-SNO~OBILE 'P3110 P3130 P3310 TBO02 TC021 TC169 TF029 Page 2 TF159 TG029 TG059 TG069 TG151 TG159 U1062 U3015 U3028 U3498 V1024 ..... OFFENSES CLEARED .... UN- ACTUAL ADULT JUVENILE BY EX' PERCENT FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEAREO VBO24 VEH-501 2500-FE-TNEFT-SNOWMOBILE CRIM AGNST ADMN JUST-MS'OBST LEGAL PROCESS X3200 CRIM AGNST ADM dUST-MS-GIVE FLSE NAM POL 8 1 7 7 0 0 0 0 0.0 4 0 4 4 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 0 1 0 0 1 100.0 1 0 1 0 0 0 1 1 100.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 1 0 0 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 I 0 1 1 0 0 0 0 0,0 1 0 1 0 0 0 1 1 100,0 1 0 1 1 0 0 0 0 0,0 1 0 1 1 0 0 0 0 0.0 6 0 6 6 0 0 0 0 0.0 I 0 1 0 1 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 0 1 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 2 0 2 1 1 0 0 1 50.0 Run: 1-Dec-94 15:10 OFF01 MOUND POLICE DEPARTMENT Primary ISN~s on[y: No Enfors Offense Report Date Reported range: 10/26/94 - 11/25/94 Time range each day: 00:00 - 23=59 OFFENSE ACTIVITY DISPOSITIONS Dispositions: AIl Activity codes: AIl Officers/Badges: A[[ Grids: Ali Page ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- CODE DESCRIPTION PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPT]ON TOTAL CLEARED ~3230 CRIM AGNST GOVN-MS-ESCAPE TAX-HTR VEH 1 0 1 0 1 0 0 1 100.0 **** Report Totals: 84 2 82 41 27 7 7 41 50.0 HSo,I RUN: 1-DEC-94 JUV04 ISN~S ONLY? NO NAME TYPES: ALL ACTIVITY COOES: ALL INSTALLATION NAME -- MOUND POLICE DEPARTMENT ENFORS JUVENILE SUMMARY BY INCIDENT - WITHIN ~DATE CONTACTED~ 10/26/94 THRU 11/25/94 PAGE 1 INCIDENT PER INC NAME JUVENILE NAME NUMBER SEQ SEQ TYPE GRID ADDRESS OFF DATE OF RACE DATE OF: DATE OF ACT SUPPLEMENT NO. BIRTH SEX REPORT DISPOS. CODE ID NUMBER CITY STATE CONTACT ACTIVITY DESCRIPTION CONTACT DISPOSITION 94002172 I I J COMBS, SARAH RACHEL 50 4856 ISLAND VIEW DR 94002189 1 1 d 3O 94002219 1 1 J 4O FREDRICKSON~ JOSEPH JAMES 3530 KINGS POINT RD CORBIN, BLAINE WILLIAM 4315 NORTH SHORE DR 94002221 1 1 J COMBS, SARAH RACHELS 50 4856 ISLAND VIEW DR 94002232 1 1 J NASH, BRIAN PATRICK 30 5440 RIDGE~/C)OD COVE 1 J 30 WALENTINY, SHERRI FAY 4988 NORTHERN RDOVE 417 11/15/80 F W 10/29/94 MOUND MN 10/29/94 421 8/21/78 M W 10/31/94 EXCELSIOR MN 10/31/94 404 3/13/79 M W 11/06/94 MOUND MN 11/06/94 417 11/15/80 F W 11/06/94 MOUND MN 11/11/94 421 7/21/78 M W 11/07/94 MOUND MN 11/07/94 421 8/05/79 F W 11/07/94 MOUND MN 11/07/94 10/29/94 M5350 REF JUV CT/PRO JUVENILE-RUNAWAY 10/31/94 M3001 JUVENILE-ALCOHOL OFFENDER REF JUV CT/PRO 11/06/94 D8500 REF JUV CT/PRO DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION 11/11/94 M5350 REF JUV CT/PRO JUVENILE-RUNAWAY 11/07/94 M5313 REF JUV CT/PRO JUVENILE-CURFEW 11/07/94 M5313 JUVENILE-CURFEW REF JUV CT/PRO REPORT TOTALS - NUMBER OF INCIDENTS: CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 December 8, 1994 TO: FROM' SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER GREG SKINNER, UTILITIES SUPERINTENDENT~/./~ NOVEMBER MONTHLY REPORT .,STREET DEPARTMENT We put up the Christmas decorations and set up for the Christmas tree lighting and all went well. We have had some trouble with some of the street lights. We have been going through quite a few bulbs. I talked with NSP and they have been out a couple of times trying to find out what the problem is. They believe that the problem may be the manufacturer of the bulbs. There maybe a defect in the filament in the bulbs. NSP is checking into this and will report back to me. Snow was pushed on the Sunday after Thanksgiving. It was not a good experience for us. One of our vehicles hit a motorhome on Island Park on one of the hills. This has been turned into the insurance company and the unit is being repaired. We had one of our vehicles hit by a car on County Road 15, at the S curve. The driver could not negotiate the curve and ran into the side of our dump truck creating minimal damage. We had the dump truck repaired and sent the bill to the insurance company. All of the material for winter is now out at the joint Mound/Minnetrista site including sand, rock and winter mix. We will be taking our watermain break debris out there also this winter. We still have some woodchips and some fill at the old stock pile at Lost Lake. We have to get rid of it next spring. Cl ll printed on recycled paper WATER DEPARTMENT,_ The new meter system is in place now. We have been reading Island Park now. In December we will read Three Points and the Dutch Lake area. Everything seems to be working better than it was a month ago. We are getting readings and printouts now. I haven't heard of any major billing problems yet. We still have some installations that we will be doing. Schlumberger is now gone from the project. We met with them and the city engineer and we agreed on the number of installs that they have done and what they will be paying us for the repairs and the installs that were not put in during the project. We have some parts know. Jerry is tying up the loose ends on the paper work. When the readings from the Three Points and Dutch Lake area are complete and correct, we will start on the businesses. They need to be hooked up into this new system starting during the winter. SEWER DEPARTMENT_ Lift station upgrades are about 95% complete. We sent one punch list out and there has been work done on that. We just made up a new one last week and forwarded it to John Cameron with the remaining things that have not been completed from the first punch list. We are anticipating this to be done before the end of December. Hopefully, we can finalize the project in January. We do have a few problems with electrical panels that has to be worked on and repaired. Other than that, everything seems to be working pretty well for us. MISCELLANEOUS After the first snow fall, we replaced a few street signs and stop signs. Two of the stop signs had to be replaced because someone stole the sign, post and all. Basically, the signs had been hit by cars sliding in the last snowfall. The trackless blower had to be repaired, it rusted through on cutting edge on the bottom of the auger. Tim fabricated a new front end with a cutting edge. We did not get all of the snow picked up along the sidewalks and this is why. It is running know. GS:Is CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: December 6, 1994 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~ ~ . NOVEMBER 1994 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 17 building permits issued in November for a construction value of $2,133,058, bringing the year-to-date figure to $9,360,358. This months activity is mainly due to the new addition and renovations at Shirley Hills Elementary School. There were 33 plumbing, mechanical, and miscellaneous permits issued for a total of 50 permits this month. PLANNING & ZONING There were eight planning and zoning cases processed by the Planning Commission and City Council. Teal Pointe was sent back to the Planning Commission by the Council due to expiration of the submittal date. An operations permit was approved for PXC Corporation to operate in the Balboa Building. There were the usual variance cases and a public lands permit request. One of our Planning Commissioners, Mark Hanus, was elected to the City Council! Mark brings with him some good experience in dealing with our zoning cases and ordinances. The Commission is now looking for a replacement. All interested persons should contact Peggy James at 472-0600. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY A new computer generated report is included this month. This report details total contacts, and was developed by CSO Maki. This system can give a quick update or past history of a complaint, and should be useful in supplying activity information to the Council in the future. CSO June Hyland submitted her resignation after 10 plus years of employment with the City. The best of luck to June in her new job! JS:pj printed on recycled paper City of Mound BUILDING ACrlvrrY REPORT Month: NnvP_mh~_r Year: 1994 THIS MONTH YEAR TO DATE S,NGLE F^M,LY DET^CHED jL 1 109,221__ 20 2,323,949 SINGLE FAMILY ATTACHED (CONDOS) TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS} SUBTOTAL 1 1 109,221 20 2 ,323 ,949 ~o~..~,~.~. II'"~"~''~ I I ~.~.~,o. II '""~'~ I ~ t c'W -C6 -0 ~-f Wu-C ri o N COMMERCIAL (RETA~LmESTAURANT} OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC I SCHOOLS SUBTOTAL "~'~""~ II'"~"~'Ts I I w~^.,o. II ..~.~,.s I AfiDiT~o r--Tg~ LT ERATION S ^DD,T.ONS TO PR,NC,PAL BU.LD,NG 1 1. 890 45 874. 207 DETACHED ^CCESSOR¥ BU,LD,NGS 17 159. 647 DECKS 40 148.718 SW,MM,NG POOLS 1 10. 000 .mODEL- M,SC RES,DENT,AL 12 31. 977 197 702. 886 REMODEL-MUL~'PLE DWELL,NGS 5 395. 883 SUBTOTAL 13 33 .867 305 2 .291 .341 ~,.,o~,~.~.~.,o..~°~-.~,~.,~ II'~"~'- I I w~^.,o. II ...~,TS I w~..,o. COMMERC,^L (.ET^,L,RESTAUR^NT} 10 188. 850 OmCE, PROFESS,DUAL 2 15. 936 ,NDUSTRtAL 1 25. 000 8 174. 986 PUBL}C ~ SC.OOLS 2 1. 964. 970 7 4. 365. 296 DETACHED ACCESSORY BUILDINGS '~UBTOTAL 3 1,989,970 27 4,745,068 RESIDENTIAL DWELLINGS 7 NON-RESIDENTIAL BUILDINGS 7 TOTAL DEMOLITIONS 14 # PERMITS # UNITS VALUATION # UNITS VALUATION # PERMITS 2O IOTAI. 17 1 2,133,058 366 9,360,358 'BUILDING 17 366 FENCES & RETAINING WALLS 2 48 S,G.S 0 10 PLUMBING 12 127 MECHANICAL 13 118 GRAD,NG 0 5 s&w, ST.EET EXCAV., F,RE. ETC. 6 49 TOTAL I 50 I 723 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR NOVEMBER FINANCE DEPARTMENT REPORT 07-Dec-94 Investment activity Bought: Money Market Money Market Money Market CP CP Money Market 4M - Income Reinvested SB - Income Reinvested 1st B - Income Reinvested Dain Bosworth Smith Barney 4M Matured: 5.17 5.51 Money Market 4M CP Dain Bosworth 5.02 CP Smith Barney 4.87 CP Smith Barney 4.89 November 30, 1994 Balance: $5,350,215 2,308 12 43 399,360 274,656 55,000 (100,000) (522,500) (183,968) (459,414) $4,815,712 Computer Symposium The 13th Annual Minnesota Computer and Information Management Symposium was held on November 9-10, 1994 at the Radisson South Hotel. The City Manager and I attended as many sessions as possible. It is a way for us to keep current on what is going on in the area of computers in government, new technology, computer applications, and the management of computer recourses. The future has a lot of new things in store for computers and related technology and it is becoming imperative that we keep ourselves informed and become aware of the opportunities that computer technology offers to government. Water Meter System Finally in November things started to fall in place and the new water meter system appears to be completed. Even the software necessary to transmit data between the existing system and the new one seems to work to our satisfaction. The vendor is still obligated to assist us until we complete a full cycle of billing. It is our intent to make final payment to the vendor only when we are completely satisfied with the whole installation of the system. LI514 City of Mound 12/01/94 Monthly Report Utilities Month of: November 1994 Utility-94 Residential Commercial Total No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Total 1,118 1,111 28,050 $33,143 $44,088 $3,288 $80,519 122 122 3,235 $3,536 $10,746 $23 $14,305 1,24O 1,233 31,285 $36,679 $54,834 $3,311 $94,824 Payments: Water Sewer Recycle Total $39,451 $52,946 $3,757 $96,154 $5,579 $13,036 $13 $18,628 $45,030 $65,982 $3,770 $114,782 RECEIVEO LAKE MINNETONKA CONSERVATION DISTRICT Public Hearing To Consider an ordinance Amending the LMCD Code to Establish Planned Usage Development Procedures and Standards and a Definition for Public Piers 7=00 pm, Wednesday, December 7, 1994 Tonka Bay City Hall 4901 Manitou Road (County Rd 19) Tonka Bay Public Comment on a draft ordinance governing public piers is invited on the draft ordinance noted above. The purpose is to provide comprehensive procedures and standards to allow greater flexibility in the development of public piers on Lake Minnetonka. By allowing deviation from current strict provisions of the District's code, the process is intended to encourage: * Innovations in development of the lake for public access that would not be possible under strict conformance with the code. * More convenience in location and design of public piers to be developed by municipal, county or state agencies. , Enhancement of public access to and from the lake through structures that otherwise would not be allowed by the code and , Enhancement of the lake in such a way that is environmentally sensitive and that does not adversely affect the lake or lakeshore. PLEASE BRING COPIES OF ORDINANCE PROVIDE IN 11/16/94 MAIL RECEIVED 3EF.,5 CALL TO ORDER LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 PM, Wednesday, December 7, 1994 Tonka Bay City Hall, 4901 Manitou Rd ROLL CALL CHAIR ANNOUNCEMENTS, Johnstone READING OF MINUTES - 10/26/94 Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min) CONSENT AGENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests an individual discussion of any item. In that case the item will be removed from consent agenda and considered as a specific item. COMMITTEE REPORTS WATER STRUCTURES, Chair Babcock * A. Approval of minutes, 11/12/94 meeting Be Howards Point Marina, South Upper Lake, Shorewood, new multiple dock license to change dock width, recommending approval for a six foot walkway, ten foot gas dock, extending gas dock length to 60 feet as minor change, no public hearing. Ce Envelope Concept Report on Multiple Docks, for board review and subsequent direction to committee or staff for further concept processing or preparation of draft ordinance. De Ee Fe Draft Ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity, recommending removal of Item e, "Neither transferor site nor transferee site may have shoreline comprised in whole or in part of wetlands," and recommending second reading as amended. Draft Ordinance amending Sect. 2.07, Temporary Structures, recommending third reading. Draft Ordinance to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers, recommending addition of new Item "m", "Overnight boat storage is not allowed at any location along the pier," and board recommendation following 7:00 pm draft ordinance public hearing G. Additional Business LAKE USE AND RECREATION, Chair Foster * A. Approval of minutes, 11/28/94 meeting Bo Draft Ordinance amending Sect. 3.07, Watercraft for Hire, adding Coast Guard safety standards in new Subd. 5 through 9, recommending deletion of Subd. 10 requiring a 36" deck railing height, and third reading for final adoption and publication. LMCD BOARD OF DIRECTORS, AGENDA, 12/7/94, Page 2 * E. Special Events recommending approval for deposit refund of $100 to Viking Bassmasters. ~ * F. charter Boat license fee refund recommending approval for Chuck Gross, Elizabeth Ann Charters of $175, excluding $75 charge for administrative costs. * G. Deicing license and deposit refund recommending approval for Excelsior Park Tavern of $187.50 excluding $37.50 charge for administrative costs to the license deposit. Public hearing recommendation for public comment on a draft outline being prepared by a subcommittee to amend Code provisions requiring an observer for towing while water skiing, proposed for 5:30 pm, Monday, January 16 prior to Lake Use Committee meeting. I. Special Event proposal by Albert A. Livingstone to conduct a for-hire para-sail event on limited lake areas at restricted times and days, Hennepin County Sheriff's Water Patrol requesting LMCD recommendation based upon the Sheriff's initial evaluation to deny the event, applicant to present revised plan and video demonstration of the activity. . j. Hennepin county Sheriff's Water Patrol Activity Report K. 1994 Boat Density Study presented for review without recommendation to complete contractor's obligation, and referral back to committee for further comment. L. Additional business 3. SAVE THE LAKE ~DVISORY COMMITTEE, Chair Mollet * A. Approval of minutes, 11/17/94 B. vision Statement recommendation establishing criteria for board allocation of reserve funds, per attachment to minutes. C. Progress report on mail solicitations compared to budget; D. Emergency rescue inflatable boat purchase to augment Hennepin County Sheriff's Water Patrol equipment, recommending expenditure for boat and trailer not to exceed $5,000, for purchase in December. 4. EURASIAN WATER MILFOIL T~SK FORCE, Executive Director Strommen A. Approval of minutes of 11/10/94 meeting (handout) (meeting report is informational, no action items) 5. /%DMINISTRATIVE COMMITTEE, chair Johnstone * A. Approval of minutes, 10/26/94 meeting B. Report of 10/26/94 meeting > Financial procedure recommendation > Committee and subcommittee chair appointments > Draft Request for Proposals and recommendation > "Lake Summit" concept proposal > Quarterly Mayor's Report next meeting date > Save the Lake recognition dinner date, place selection LMCD Board of Directors Agenda, 12/7/94, P. 3 FINANCIAL REPORTS, Treasurer Rascop A. Audit of Vouchers for Payment (meeting handout) B. Monthly financial reports to follow, early 12/7 meeting precludes opportunity to prepare needed reports. EXECUTIVE DIRECTOR REPORT, Strommen NEW BUSINESS ADJOURNMENT RECEIVFO . 50 5 lgg LAKE MINNETONKA CONSERVATION DISTRICT REGULAR BOARD OF DIRECTORS MEETING 7:30 P.M., Wednesday, October 26, 1994 Tonka Bay City Hall, 4901 Manitou Road DRAFT CALL TO ORDER Chair Johnstone called the meeting to order at 7:30 P.M. ROLL CALL Members Present: Wm. Johnstone, Chair, Minnetonka; Bert Foster, Deephaven; James Grathwol, Excelsior, Joe Zwak, Greenwood; Mike Bloom, Minnetonka Beach; Gene Partyka, Minnetrista; Tom Reese, Mound; Robert Rascop, Treasurer, Shorewood; Douglas Babcock, Secretary, Spring Park; Ross McGlasson, appointee, Tonka Bay; Herb Suerth, Woodland. Also Present: Charles LeFevere, LMCD Counsel; Eugene R. Stron~men, Executive Director; Leann Fenske, Recorder. Members Absent: Duane Markus, Wayzata; Craig Mollet, Victoria. Orono has no appointed representative. 'INSTALLATION OF NEW BOARD MEMBER LeFevere administered the oath of Office to Ross McGlasson. McGlasson was seated on the Board as the Tonka Bay representative. CHAIR ANNOUNCEMENTS There were no chair announcements. READING OF MINUTES Reese moved, Babcock seconded to approve the minutes of the 9/28/94 board meeting as submitted. Motion carried unanimously. PUBLIC CO~iMENTS There were no comments from persons in attendance on subjects not on the agenda. CONSENT AGENDA - Foster moved, Partyka seconded to approve the consent agenda items identified by an "*" on the agenda. Motion carried unanimously. See attached agenda for item detail. COMMITTEE REPORTS 1. WATER STRUCTURES, Chair Babcock Draft Ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity, recommending review as amended. Babcock stated the committee has recon~mended review of this ordinance as amended in committee. He noted there was no recommendation from the committee, inviting board discussion. Foster questioned what this ordinance was attempting to accomplish. Babcock said this ordinance was prepared as a result of the review of a multiple dock license application by Boyer Building Corp., LMCD Board of Directors Minutes, October 26, 1994, Page 2 Pelican Point, Mound. He explained that the island associated with the property was at one time attached to the shoreline and a channel dredged sometime in the mid 1910's. The applicant is now requesting 40 slips on the mainland shore. In order to accomplish this the applicant needs to count shoreline from the island in order to achieve enough shoreline footage to store 40 boats on the mainland. The ordinance was drafted in response to committee recommendation that an ordinance be prepared that would allow transfer of shoreli~e footage and the density associated with the shoreline footage of the island to the actual shore side of the parcel. The ordinance provisions will accommodate the needs of this application with limits on any similar application to control growth of shoreline density. Johnstone questioned what the particular unresolved issues in committee were regarding this draft ordinance. Babcock said the open issue in committee was the definition of wetlands. Determining a wetland definition and whether shoreline density should not be transferred if wetlands are involved. Babcock believes the wetlands definition in MN State Statutes Sect. 103G.005 is not applicable in this case. Babcock said the Federal Government has wetlands defined as Type ! through 8. These could possibly be adopted into this provision, but the committee did not come to a concenses on which of the types if any, could be adopted. ' Zwak pointed out that Lake Minnetonka communities have areas designated as wetlands, as does Greenwood which he represents. He asked if other communities have similar areas defined as being wetlands, could not the LMCD use that same designation? LeFevere stated that Lake Minnetonka is a wetland. Foster expressed concern that this would be a significant change in the philosophy of the LMCD by allowing boat storage on the shorel~ad from a non-contiguous parcel. Foster recommended referring the proposed ordinance back to committee. Babcock responded that currently the code allows density from non- contiguous parcels to be combined. The proposed ordinance includes very specific stipulations to protect board application of transfer. Reese agreed the ordinance is drafted to be very specific and that it would be very hard to conceive of another multiple dock license being identical. Reese further noted that Boyer Building proposed dock configuration would maintain the beauty of the island's natural state indefinitely. As a Mound resident for 27 years, Reeve added there have been numerous proposals to utilize this land. This is the best use of this property. Boyer Building Corp is responsib]=. The city approved plat does not destroy the island aesthetics. Zwak concurred with Reese. LMCD Board of Directors Minutes, October 26, 1994, Page 3 Foster questioned whether this proposed ordinance is site specific and not applicable to any other location on the lake. Babcock said the board needs to be aware that this ordinance would allow a new form of density shifting in a very limited situation. The committee could not agree that this ordinance was 100% site specific. Babcock further reviewed for the board that the license application originally presented (in July) to the committee was for 40 docks on the mainland shore with no other proposal to consider. The applicant now offers optional dock plan configurations. One option put 28 slips on shore and 12 slips on the island. This would achieve 40 slips for the applicant and meet the current LMCD Code. Babcock suggested referring the ordinance back to committee. The board could assure the applicant that they are entitled to the 40 slips at this location. The committee could work on a way to clarify the provisions of the ordinance, and the applicant could change their site plan at a later date. LeFevere suggested the board might be satisfied to allow other similarly situated applicants to transfer the density. Among other things the committee has recommended and included in the ordinance that neither the transferee or the transferor site can be wetlands. This provision would take care of a lot of the situations where there is swampy low land where the 929.4' line is difficult to determine. The site from which the density is transferred can only transfer 1 boat for every 100 feet of shoreline, giving up all of its dockage rights. This eliminates all density from the transferor site. In order to reduce the impact occurring on the transferee site, the density limit is one boat per 35 feet of shoreline. This is more permissive than 1 per 50 but more restrictive than the 1 per 10' that would be allowed with a special density license. Also, the requirement that no variances be allowed at the transferee site eliminates some situations where density would be transferred to an unusual piece of shoreline property. LeFevere further noted that this ordinance should not be viewed as site specific in the sense that this is the only applicant that may ever qualify. Another applicant with similar circumstances would be entitled to the same consideration. Babcock said he finds this ordinance is not restricted to islands. It applies to shoreline within 150 feet. Johnstone suggested the board might consider adopting the ordinance at this meeting, waiving the readings. Babcock suggested the board could approve the application conditional upon the adoption of the ordinance. Foster suggested that the ordinance first reading be adopted, not waiving the additional readings, for further committee review. LMCD Board of Directors Minutes, October 26, 1994, Page 4 -- Partyka expressed concerns of trying to create an ordinance that is site specific and that "wetlands" be defined. LeFevere agreed with the idea of defining wetlands. He understands that in this particular case the shoreline is not involved with wetlands. It would be possible to proceed with this ordinance and then provide a definition of wetlands at a later date. Grathwol concurred and said that the board in general shares his ideas of protecting and preserving certain types of wetlands within the lake. He voiced his support for this ordinance on the basis that continued efforts be made to define "wetlands" McGlasson questioned why the board does not consider granting a variance versus passing new legislation. LeFevere stated the Code requires 1 boat per 50 feet of continuous shoreline. If the shoreline is not continuous, granting the variance would create a possible politically difficult precedent without the standards to apply that would be created by the adoption of an ordinance. The ordinance would define the circumstances under which shoreline density would be granted. LeFevere recommends the board not approve the Boyer Building application until restrictive covenants and easements are in hand and reviewed by the board and cannot be amended without board approval. MOTION: Reese moved, Foster seconded to adopt the ordinance and waive the readings, subject to continuation of wetlands definitio~. VOTE: (5) ayes (5) nays - Motion failed LeFevere noted that 8 votes are required to pass an ordinance. MOTION: Grathwol moved, Partyka seconded for approval of first reading to refer back to committee for further study to develop a definition of "wetlands". VOTE: Motion passed; (7) ayes, (2) nays BOYER BUILDING CORP. new multiple dock license application for Pelican Point Development, Spring Park Bay, City of Mound. John Blumentritt, Boyer Building Corp., presented four dock configurations to the board. Some were presented to the City of Mound and to the DNR. Blumentritt said their plan is to build 40 twin homes in 20 buildings. Thus the request for 40 slips, one for each home. The original dock plan, Plan A, was to transfer 12 slips from the island to the mainland, leaving the island in its natural state, the multiple dock plan on the northeast side of the mainland. Blumentritt reviewed the alternative dock plan configurations. Plan B was presented. It would create 28 slips on the mainland and LMCD Board 0f Directors Minutes, October 26, 1994, Page 5 .- 12 slips on the island. This plan is within the 100' limit. This plan requires residents to go out to the island to reach their boat. Plan C would locate 28 slips in the northeast location, configuring 12 slips off the mainland to the south. This plan is also within the 100' limit. When asked by the board, Blumentritt stated that Plan A is their plan choice. The City of Mound also supports this plan. Grathwol questioned the maximum and minimum water depths associated with the slips in Plan A. Foster also expressed his concerns for boats which would have 28" to 36" water depth level for maneuvering into slips at 929.4' Water a foot or so lower, before the 928.0' temporary low water variance would apply, would make boat maneuvering almost impossible. John Boyer said that 8 to 10 home owners would probably not own a boat, so some of the slips may not even be used, or used for fishing boats or small watercraft. He agreed that the depths may not be deep enough when the lake level gets near 928.0'. In that case, six or seven slips may have to be moved to a deeper location. Babcock noted that this entire shoreline is an outlot. It has easement rights for association boat storage. As a result, if the board approved this 40 slip configuration the slips could be moved if necessary to accommodate a low water situation. Zwak concurs that the board cannot anticipate every possible problem that may occur in the next few years. The fact that the lake moves up and down is a given and the board can deal with these situations as they arise. He feels the present dock configuration being proposed, based on the water level that presently exists, appears to be accurate for the amount and types of boats expected to be occupying these slips. Bloom expressed concern that these slips be used by the occupants of the homes versus the Slips be rented to a non-resident. LeFevere said that boat storage complying with the shoreline rule of 1 boat per 50 feet of shoreline, at the time this rule was adopted, meets the most strict requirements of the Code. The Code does not require ownership or occupation by anyone in particular. Within the 1 boat per 50 foot rule, the board determined it was not going to get into the issue of who owned the boats. LeFevere expressed his concern that the future townhome owners understand what their rights and obligations are under this ordinance and to assure that all requirements are acknowledged in the covenants. Boyer said that rental of slips is not an issue. It will not be allowed in the covenants. Since the ordinance will be brought LMCD Board of Directors, October 26, 1994, Page 6 forward next month, he suggested if the board wants to act favorably on this application at this time the question of covenants would be subject to board review and approval. MOTION: Babcock moved, Partyka seconded to approve the license application Site Plan A for Pelican Point Development, Spring Park Bay, City of Mound based upon adoption of the Draft Ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity and subject to the following conditions: 1) An LMCD-prepared Environmental Assessment Worksheet (EAW) will not be required. 2) Water depths for each boat storage unit (slip) are on file as part of the application. 3) The number of docks installed cannot exceed the number of building permits issued. 4) LMCD legal counsel and board will review and approve the association's covenants. 5) Review and approval of a lighting plan 6) Future shallow water relief for boat slips to be granted by moving slips to the south instead of out beyond 100 feet. VOTE: Motion carried unanimously. Do Third Draft of an Ordinance to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers as amended 10/08/94 with consideration for holding a public hearing of the draft as amended. MOTION: Grathwol moved, Zwak seconded to schedule a public hearing on this ordinance at 7:00 pm, Wednesday, December 7, 1994 prior to the board's regular meeting. VOTE: Motion Carried Unanimously Eo Draft Ordinance amending Sect. 2.07 Temporary Structures; recommending approval of the second reading. MOTION: Rascop moved, Grathwol seconded to recommend approval of second reading. VOTE: Motion carried unanimously. F. Additional Business MOTION: Babcock moved, Foster seconded to change the Water Structures Committee meeting scheduled for Saturday, November 19, to Saturday, November 12, @ 7:30am, #135 Norwest Bank Building. VOTE: Motion Carried Unanimously LMCD Board of Directors, October 26, 1994, Page 7 2. LAKE USE AND RECREATION, Chair Foster Hennepin County Sheriff's Water Patrol Joint and Cooperative Agreement with Hennepin County, recommending approval of the Joint and Cooperative Agreement and memorandum supplementing the agreement as drafted to Sheriff's Inspector Michael Postle; MOTION: Foster moved, Babcock seconded for approval of the Hennepin County Sheriff's Water Patrol Joint and Cooperative Agreement. VOTE: Motion Carried Unanimously. Draft Ordinance amending Sect. 3.07, Watercraft for Hire, adding Coast Guard safety standards in new subdivision 5 through 9, recommending approval of the third reading for final adoption and publication; MOTION: Foster moved, Babcock seconded tabling the ordinance back to the Lake Use and Recreation Committee until technical difficulties relating to railing heights can be resolved at the committee lev=l. Hank Graef, Custom Charters, reported he and four other charter boat operators met recently to discuss the railing height provision. It will require costly renovation for some of the charter boats if tke full 36" height is required. Foster supported reviewing this concern with the committee. VOTE: Motion Carried Unanimously. 3. SAVE THE LAKE ADVISORY COMMITTEE, Strommen for Chair Mollet Strommen presented a progress report on the "Save the Lake" mail solicitations. He said that the monies received to date were ahead? of the budgeted amount of $22,500 by about $1,660 as of 9/30/94. Strommen also noted that the Save the Lake Visions Subcommittee meeting scheduled for October 24 was re-scheduled for Thursday, November 3rd at 4:00pm, ~160 Norwest Bank Building. 4. EURASIAN WATER MILFOIL TASK FORCE A. Approval of minutes of 10/21/94 meeting MOTION: Babcock moved, Bloom seconded for approval of the 10/21/94 minutes as submitted. VOTE: Motion Carried Unanimously. Milfoil Funds Transfer. The executive director requested a fund transfer from the Administrative Committee within line items of the 1994 Eurasian Water Milfoil operating budget. The unpredictable harvester maintenance resulted in 1994 expense over-runs of $4,608 through 9/30/94. With further maintenance still required in preparing the harvesters for 1995 operation, Strommen proposed the LMCD Board of Directors Minutes, October 26, 1994, Page 8 following funds transfer: Transfer from: Specialty Mechanic Equipment Supply/Maint Contingency Truck Service TOTAL TRANSFER: 890 5,000 7,000 5,909 $ 18,799 Transfer to: Contract Mechanic Fees 18,799 Less over-run thru 9/30 4,608 Contract Mechanic Fees Bal. $ 14,197 Recommendation for this transfer was deferred to the Administrative Committee report by Chair Johnstone. Contract Service RFP. Reese comments on explorations for a possible outside contract service for the 1994 milfoil Harvesting Program. He and the executive director met with a project managers consultant to get information on a possible third party contract supervisor. A draft Request for Proposals is pending an opportunity for the executive director to develop the draft, current dock license renewal obligations and the administ~'ative technician search being the major priorities. 5. ADMINISTRATIVE COMMITTEE, Chair Johnstone Mayor's Meeting. Johnstone indicated that the mayor's meeting of September 30, 19~4 was well attended. Mayors were updated on board actions and issues being currently addressed. Foster discussed the procedure which will be followed by the Lake Use and Recreation Committee in dealing with the car/trailer parking and public access service as detailed in the 1992 Lake Access Task Force Report now assigned to this committee. Milfoil Budget Funds Transfer. The Administrative Committee reviewed the funds transfer request detailed earlier by the executive director in the Milfoil Task Force r=port. MOTION: Rascop moved, Babcock seconded to adjust Eurasian Water Milfoil budget line items to transfer funds within the existing budget to provide for mechanical repairs and preventive maintenance for 1995. VOTE: Motion Carried Unanimously. FINANCIAL REPORTS, Treasurer Rascop MOTION: Zwak moved, Reese seconded to approve the September Balance Sheet, the Year to Date Financial Summary and the Vouchers for Payment as submitted. VOTE: Motion Carried Unanimously. LMCD Board of Directors, Minutes, October 26, 1994, Page 9 EXECUTIVE DIRECTOR REPORT, Strommen Strommen circulated a summary of the administrative technician candidate, Gregory S. Nybeck. Nybeck's qualifications are accente.] by his education with a bachelors and masters degree in public administration. He has held internships with the cities of Anoka and Belle Plaine involving ordinance implementation and enforcement and business development programs. His experience in working with public and private sector groups are applicable strengths to this position, Strommen added. Nybeck has training and a working knowledge of applicable software programs needed in the position. Upon recommendation to the Administrative Committee which supported the appointment, Strommen recommended the entering into an employment agreement with Gregory S. Nybeck for an annual salary of $24,000 and benefits outlined in the personnel policies. MOTION: Foster moved, Reese seconded to enter into an employment agreement with Gregory S. Nybeck at an annual salary of $24,000 effective October 31, 1994 with employment benefits and the six month probationary period as prescribed in the Personnel Policies, and to provide for a performance and salary review upon completion of the probationary period, with consideration for a salary adjustment at better than a cost of living adjustment subject to a performance review supporting such an adjustment. VOTE: Motion Carried Unanimously. NEW BUSINESS Johnstone requested Reese conduct the presentation of board officer nominees and to call for further nominations. Reese presented the nominazions as follows: Chair - Bill Johnstone, Minnetonka Vice Chair - Doug Babcock, Spring Park Secretary - Joe Zwak, Greenwood Treasurer - Bob Rascop, Shorewood Reese called three times for additional nominations. further nominations. There were no MOTION: Reese moved, Babcock seconded to close nominations. VOTE: Motion Carried Unanimously. MOTION: Rascop moved, Foster seconded to cast a unanimous ballot for officer nominees. VOTE: Motion Carried Unanimously. Johnstone noted that the appointment of standing committee and subconunittee chairs will be deferred until December. A committee preference list was circulated to all board members. LMCD Board of Directors, October 26, 1994, Page 10 ADJOURNMENT Chair Johnstone declared the meeting adjourned at 10:00pm. William Johnstone, Chair Joseph Zwak, Secretary C~L TO ORDER LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 PM, Wednesday, October 26, 1994 Tonka Bay City Mall, 4901 Manitou Rd ROLL CALL CHAIR ANNOUNCEMENTS, Johnstone READING OF MINUTES - 9/28/94 Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min) CONSENT AGENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests an individual discussion of any item. In that case the item will be removed from consent agenda and considered as a specific item. COMMITTEE REPORTS WATER STRUCTURES, Chair Babcock A. Approval of minutes, 10/8/94 meeting B. Draft Ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity, recommending review as amended; C. Boyer Building Corp. new multiple dock license application for Pelican Point Development, Spring Park Bay, City of Mound, recommending approval based upon adoption of the ordinance identified in Agenda Item 1.B and the following conditions: 1) Not requiring an Environmental Assessment Worksheet (EAW) unless the board etermines than an EAW is necessary; 2) Sufficient water depths for all dock slips; 3) significant construction progress of buildings on land to support installation of docks on the outlot; 4) Covenants dedicating all of the lakeshore by an easement. 5) Dock lighting meeting LMCD lighting requirements to avoid offensive impacts on the lake; Third Draft of an ordinance to Establish Planned Usage Development (PUD) Procedures and Standards and a Definition for Public Piers as amended 10/8/94 with consideration for holding a public hearing of the draft as amended; Draft Ordinance amending Sect. 2.07 Temporary Structures; recommending approval of second reading reading; F. Additional Business e LAKE USE AND RECREATION, Chair Foster A. Approval of minutes, 10/18/94 meeting B. Berm.pin County sheriff's Water Patrol Joint and Cooperative Agreement with Hennepin County, recommending approval of the Joint and Cooperative Agreement and memorandum supplementing the agreement as drafted to Sheriff's Inspector Michael Postle; LMCD Board of Directors, Agenda, 10/26/94, P. 2 Ce Draft Ordinance amending Sect. 3.07, Watercraft for Hire, adding Coast Guard safety standards in-new subdivision 5 through 9, recommending approval of the third reading for final adoption and publication; * D. Draft Ordinance amending Sect. 3.09 Special Events recommending approval of the third reading for final adoption and publication; * E. Special Events - Deposit Refunds @ $100 each; recommending approval of deposit refunds to the following: 1) Denny Nelson Tournaments, Wed. Eve Bassin',3 Super 30's 2) Limited Bass Predator Classic, M. Fonseca, 4 Tourn. * F. G. Hennepin County Sheriff's Water Patrol Activity Report Additional business SAVE THE LAKE ADVISORY COMMITTEE, Chair Mollet A. Progress report on mail solicitations compared to budget; B. Progress on "Visions Statement" for reserve fund; EURASIAN WATER MILFOIL TASK FORCE, Executive Director Strommen A. Approval of minutes of 10/21/94 meeting (handout) B. Overview of Zebra Mussel and Exotics Action Subcommittee; C. Progress on drafting an RFP for contracting milfoil harvest; ADMINISTRATIVE COMMITTEE, Chair Johnstone * A. Approval of minutes, 9/28/94 meeting B. Report of 10/26/94 meeting FINANCIAL REPORTS, Treasurer Rascop A. September Balance Sheet B. Year to Date Financial Summary C. Audit of Vouchers for Payment (meeting handout) EXECUTIVE DIRECTOR REPORT, Strommen A. Progress on candidate selection for Administrative Technician B. Review of combined November/December meeting calendar; C. MN Lakes Assn. Annual Conference, 10/28-29, Alexandria NEW BUSINESS A. Presentation of board officer nominees, call for further nominations or close nominations B. Election of officers C. Chair appointment of standing committee and subcommittee chairs D. Additional business ECEIV£O LAKE MINNETONKA CONSERVATION DISTRICT Action Report: Water Structures Committee Meeting: 7:30 am, Saturday, November 12, 1994 Room 135, Norwest Bank Bldg., Wayzata Members Present: Bert Foster, Deephaven; James Grathwol, Excelsior; Joseph Zwak, Greenwood; Wm. Johnstone, Minnetonka; Gene Partyka, Minnetrista; Tom Reese, Mound; Douglas Babcock, Spring Park; Ross McGlasson, Tonka Bay; Herb Suerth, Woodland; Eugene Strommen, Executive Director; Leann Fenske, Recorder~ Howards Point Marina, South Upper Lake, Shorewood, new multiple dock license to change dock width - - walkway from 4' to 6' and gas dock from 7.25' to 10' and extending gas dock length from 40' to 60', for safety upgrade, recommending as minor change, no public hearing; Babcock invited committee questions or comments on this application. Foster questioned whether the applicant had submitted a lighting plan. Jerry Brecke, president, Howards Point Marina, responded to committee that there are presently no lights on the docks. There are, he said, some lights on the shore that have existed for as long as their group has owned the property. MOTION: with no further committee discussion, Zwak moved, Reese seconded to approve the new multiple dock license as submitted. VOTE: Motion carried unanimously. 5. Envelope Concept Subcommittee Report of 11/2/94 for discussion and recommendation. Babcock asked for committee approval to proceed with this item due to the presence of interested parties. The committee consented to proceed with agenda Item 5. Babcock referred to the report from the subcommittee with recommendations proposed to the Water Structures Committee. Reese questioned whether the word legal had been added in relationship to non-conforming sites. Babcock noted that a bullet point on P. 4 reads "All the discussions assumed that a non-conforming site was a legal non-conforming site. The subcommittee in no way wished to condone illegal non-conforming sites, nor did it wish to allow them the ability to reconfigure under the proposed changes." Reese questioned whether this text would carry over to the final draft. Babcock responded that it is his intention that this text carry over to the final draft. Babcock also said that in addition, on page 1 in the WATER STRUCTURES COMMITTEE, 11/12/94, Page 2 Overall Summary, "legal non-conforming" was also added in the first paragraph. The manner of slip measurement was questioned by Reese. Babcock stated that the subcommittee consensus was to recommend square footage. He referred to page 5, 3rd bullet. Reese favored the use of lineal measurement. Partyka favored that the use of square footage. Babcock noted that the multiple dock licenses have a slip inventory report with slip dimensions. Gabriel Jabbour, Orono, offered background information. He stated that this envelope concept is hopefully the conclusion of committee meetings originating as the result of the fee schedule challenge started in the fall of 1992. Previous board members Scott Carlson and Dave Cochran thought it would be a good idea to discuss ways under which marina and multiple dock owners could work together with the board for streamlining several multiple dock issues a~-d un,~erstanding why the current rules are as they are. Jabbour added that the concern to the multiple dock owners and presumably the board is the number of boat storage units (BSU's) and the overall length of boats. Some four years ago state law did not allow t-wing a boat on the road over eight feet wide without a wide permit. The law is now changed to 8-1/2 feet. At the present time there are a lot of marinas that wish to go to wider slips by a half foot. Babcock noted that the envelope concept will mainly affect non- conforming sites. Conforming sites already have the ability to reconfigure without regards to slip length or slip width. The basic premise is that conforming sites can reconfigure and change slip sizes. Non-conforming sites are prohibited from changing (increasing) slip sizes under the current LMCD ordinances, (See Sect. 2.05, Subd. 9) without a special density permit. Babcock further pointed out that the code would not allow a 40'x 20' slip and a 20'x 10' slip to be reconfigured to two 30'x 15' slips. Tke code would allow a 40'x 20' to be reduced to a 30'x 15' but it would not allow a growth in any slip sizes. This is where the envelope concept applies allowing some trade-off to occur between big slips and small slips to meet the market conditions as the subcommittee has recommended as long as the total square footage of the slips remains the sa~e or decreases. Zwa'k questioned why, as long as BSU's dos not increase within the envelope, the LMCD cares whether slip measurement is by square feet or lineal. 35" WATER STRUCTURES COMMITTEE, 11/12/94, Page 3 Babcock responded that in the case of a commercial marin~ where 1:3 or even 1:10 density exists, a problem does not exist. The problem exists in (homeowner) facilities that have a density of 1:35 or 1:40 (where 1'50 is the maximum allowed), where the envelope is a small subset of what is available in the total dock use area. If widths are allowed increase, the result is an expansion of a facility within the dock use area. Foster advocated square footage for slip measurement. He believes this will allow LMCD to control potential expansion of already non- conforming facilities. Foster continued that non-conforming marinas should not be expected by LMCD to conform to the current ordinances. They supply a needed service.. LMCD should state that these are legitimate operations and are not expected to conform to the current code. Non-conforming marinas should be given an envelope so that they can meet the needs of the marketplace in terms of the boats to be served. The envelope should not allow non-conforming marinas to expand, however. Jabbour noted that marinas currently are staying status quo. They are not coming forward to reconfigure to meet market demands, do ADA requirements, or meet safety measures because an application to reconfigure a non-conforming dock triggers the LMCD to re-examine their non-conforming status. He said the intent is not to get more density. He supports any mechanism to prevent that from occurring. Suerth commented that there are boat beams in the Groveland Homeowners group at the present time that create problems. New boats are coming in that are not longer but are 6" wider. If lifts are put in a slip another width problem is created. There could be a problem with boats on the lake that are probably going to change from the normal beam of 96 inches to 102 inches. Suerth believes it is presently happening and will continue to happen creating the need for wider slips. Babcock responded that non-conforming sites have the ability to make changes as long as there is no increase in slip size and no increase boat storage units. Foster expressed concern that boats increasing in size from an 8' width to a 10' width, while not increasing in length, will result in a substantial increase in the size of the facility without increasing the number of boats'or the length of the boats. Paul Pedersen, Grays Bay Marina, commented that all of the marinas h3ve already maximized their envelope use. Whether measured by square footage or lineal footage, any re-configuration would be for additio~l width, because of the age of the facility. He believes square footage versus lineal has the same net effect. Johnstone believes LMCD kas a legitimate interest in controlling the growth of boat sizes on the lake. WATER STRUCTURES COM/~ITTEE, 11/12/94, Page 4 Foster responded that going from 8' width to 8-1/2' is an issue. He thinks that a larger issue is the 25' to 26' boats that have been 8 feet wide and are now 10 feet wide. Babcock pointed out that the purpose of the envelope is to allow reconfiguration, but by settling for fewer BSU's in exchange for larger slips resulting more square footage. (i.e. five 8'x 20' (800 sq.ft.) traded for four 9'x 24' (864 sq.ft.). Jabbour added that he does not think he will reconfigure. He foresees a trend of re-configuration from larger slips to smaller slips. Pedersen noted that he would favor of lineal slip measurement. This makes a less restrictive allowance giving more flexibility without diminishing control. Babcock noted that the majority vote in subcommittee favored square footage. MOTION: Foster moved, Johnstone seconded, to adopt the Envelope Concept Subcommittee Report as recommended by the subcommittee for board review and adoption. Reese moved, Grathwol seconded to amend the Envelope Concept Subcommittee Report using slip length as the measure. VOTE ON AMENDMENT: Amendment failed. Ayes, (2) Suerth and Reese, nays, (7); VOTE ON MOTION: Ayes, (8), nays, (1) Suerth. Motion carried. Ross McGlasson, Tonka Bay, left the meeting at this point. Draft Ordinance to Establish a Special Rule for Non-continuous Shoreline of Dock Use Areas in Close Proximity, continuing the wetlands definition review and to recommend the second reading; Babcock called attention to a staff recommendation of 11/3/94 regarding the Wetlands Provision of the Draft Ordinance, reviewed and concurred with by Grathwol, to drop Sub. Para e) "Neither transferor site nor transferee site may have shoreline comprised in whole or in part of wetlands." MOTION: Grathwol moved, Foster seconded to remove item e) VOTE: Motion carried unanimously. MOTION: Foster moved, Partyka seconded to recommend the second reading to the board. VOTE: Motion carried unanmimously. 537 WATER STRUCTURES COMMITTEE, 11/12/94, Page 5 3. Draft ordinance amending Sect. 2.07, Temporary Structures, for third reading recommendation; MOTION: Grathwol moved, Zwak seconded to recommend the third reading. VOTE: Motion carried unanimously. 4. Addition to Draft Ordinance to Establish Planned Usage Development Procedures and Standards and a Definition for Public Piers, adding a new item "m" to Public Pier Standards, Subd. 3. per Chair Babcock memo of 11/3/94. Babcock noted that the reason this ordinance was referred back to the committee from the board was that the board agreed overnight boat storage was not to be a part of the public pier, and this amendment would prohibit overnight storage from occurring. Scott Richards, Northwest Associated Consultants, Inc. questioned whether this would put restrictions on the City of Excelsior's public docks, specifically charter boats. Foster said that the Excelsior public docks are licensed for transient use only. Babcock said he is a proponent of adding public amenities as part of the public pier PUD. He suggested the idea of an amenity for a given amount of dock footage. Some committee members did not agree with tt~is idea. Grathwol views a public pier as an amenity in itself. He would rather not see public fishing, charter boats, etc. being required for a public pier. Partyka suggested including a possible list of amenities, but not requiring amenities. MOTION: Zwak moved, Johnstone seconded to'add item m), "Overnight boat storage is not allowed at any location along the pier," for inclusion in the draft for the public hearing. VOTE: Motion carried unanimously. Johnstone expressed the importance of making an extra effort to try to get public participation for this hearing, eliciting response fi'om the cities, the LMLOA, the Minnesota Sportsfishing Congress, and mu tiple dock owners. ADDITIONAL BUSINESS: Reese asked for a discussion on the RDP Partners/Yacht Club multiple dock license. He stated that there were 31 slips approved but the docks have not yet been built because of building delays. He feels WATER STRUCTURES COMMITTEE, 11/12/94, P. 6 this is the wrong development in the wrong place, and the license should be put on hold pending resolution of a traffic density issue he believes exists.. Johnstone said that if material changes have occurred, the licensee needs to re-apply. He suggested to the committee that due to the lack of information being presented, this issue does not warrant committee discussion at this time. Chair Babcock closed the discussion. ADJOURNMENT: Babcock declared the meeting adjourned at 9:15 am. FOR THE COMMITTEE: Douglas E. Babcock Chair Eugene R. Strommen Executive Director RECEIVED ~otion Report: LAKE MINNETONKA CONSERVATION DISTRICT Lake Use and Recreation committee Meeting: 5:30 P.M., Monday, November 28, 1994 Members Present: Bert Foster, chair, Deephaven; James Grathwol, Excelsior; Tom Reese, Mound; Gene Partyka, Minnetrista; Robert Rascop, Shorewood; Herb suerth, Woodland; Ross McGlasson, Tonka Bay; Joseph Zwak, Greenwood; Eugene Strommen, Executive Director, Gregory Nybeck, Administrative Technician 1. Reconsideration of the draft ordinance, Section 3.07, Watercraft for Hire, adding Coast Guard Safety Standards in new Subdivision 5 through 10 to resolve difficulties relating to railing heights as expressed by some charter boats for hire. chair Foster advised the committee that he had reviewed this topic with some charter boat operators prior to the meeting. He indicated that LMCD has not had a railing height ordinance requirement- He stated that the Water Patrol asked the LMCD to enact ordinances to regulate charter boats in certain areas not now regulated. Foster believes the Coast Guard standards make it difficult for non- commercial boats to qualify as charter boats. Foster recommended that the committee eliminate the railing height requirement. He believes Lake Minnetonka is a much safer than the waters for which Coast Guard standards are designed. He maintained that LMCD should allow charter boat access to as many citizens as possible. MOTION: Reese moved, Rascop seconded to delete the 36" railing height provision in Subd. 10, Section 3.07. DISCUSSION: Safety concerns for adequate railing heights were expressed by Grathwol and Partyka. Foster indicated he sees the issue as the distinction between requirements for boats manufactured for commercial vs. personal use. He understood there are two watercraft built for commercial use on Lake Minnetonka. These boats were built for standards similar to those required by the Coast Guard regulations. The others were built for personal use. Foster stated the others do not meet Coast Guard standards. They are currently in use as charter boats. Strommen referred to the 11/21/94 staff memo. The memo outlined three alternatives for dealing with charter boats that have a problem meeting the deck railing height provision, namely: 1) A 30" deck railing height, recommended by the Water Patrol; 2) Grandfather current licensed charter boats for less than a 30" deck railing height; This raises a question on LAKE USE AND RECREATION COMMITTEE, 11/28/94, P. 2 3) inconsistency for safety if some must comply, others not. Allow special provisions to accommodate mid and upper level deck railings at lower heights; VOTE ON MOTION= Motion carried, with one nay (Grathwol) 2. Refunds- Special Events and Special Requests (Moved ahead on the agenda with an affected party in the audience.) b. Strommen outlined the request from Chuck Gross on the requested refund for the Elizabeth Ann Charter Boat. He recommended a refund of $175, excluding a $75 charge for administrative costs for processing of the application. MOTION: Reese moved, Grathwol seconded to recommend the refund $175 per the staff memo. Motion carried unanimously ao The full special event deposit refund of $100 to the Viking Bassmasters was recommended by staff. MOTION: Grathwol moved, Partyka seconded to recommend refund of the $100 deposit. Motion carried unanimously. Ce A staff memo outlined the request from Excelsior Park Tavern for a refund of their deicing application since they later determined the~ will not deice this Winter. He recommended a refund of $187.50, excluding $37.50 in administrative costs. MOTION: Reese moved, Rascop seconded to recommend refund of the deicing license fees of $187.50, excluding $37.50 in administrative costs. Motion carried unanimously. 3. Review of state DNR laws regarding observer requirements for towing persons as related to LMCD Chapter III, Section 3.10, Subd. 1. Committee member Joseph Zwak arrived. Reese opened the discussion by proposing a public hearing to get feedback from persons viewing the ordinance change to remove the observer requirement while towing water skiers as necessary. He distinguished between towing tubes and other devices and water skiing and how the two activities are totally different. He clarified that the observer change he supports would apply only to water skiing. Foster concurred that there is a difference between the two activities. He suggested rules may be in order to manage or control tube and other device towing. He described the nature of tube towing is to create wakes for the tuber to become airborne. He finds that this behavior can create havoc for other boaters. Foster supported establishing a LAKE USE AND RECREATION COMMITTEE, 11/28/94, P. 3 sub-committee to investigate restricting tube towing in some fashion. Zwak expressed reservations concerning restrictions on tube towing. He felt that there could be negative public sentiment against the LMCD if it restricted tube towing. Zwak added that he is not in favor of eliminating the observer ordinance. Suerth indicated that the Woodland City Council is not in favor of amending the observer ordinance. Suerth would favor holding a public hearing on the subject. Committee consensus questioned if a public hearing would draw a balanced representation on the subject. Strommen proposed that an outline be drafted on specific conditions involving how the observer ordinance would be amended before a public hearing would be called. He pointed out some of the issues which were identified in his memo of 11/21/94. Partyka is concerned about safety. He suggested issuing special permits to qualified water skiers for certain hours and bays. McGlasson added his concern about balanced public representation in a public review of this proposal. Grathwol suggested the idea of eliminating all towing on weekends which would attract all interested persons involved in towing to attend such a public hearing. Strommen pointed out an ordinance change for 1995 would affect existing supplies of LMCD summer rules, about $3,000 in printed value now in inventory. He is concerned about making them obsolete. Hennepin County is also now working on the reprinting the Lake Minnetonka maps. Foster appointed a subcommittee of Mike Bloom, Tom Reese and Gene Partyka to work with the executive director to draft details to include ordinance changes in the observer requirement for towing. MOTION: Grathwol moved, Zwak seconded to recommend a public hearing be held prior to the Lake Use Committee at 5:30 p.m., Monday, January 16, 1995 to consider public comment concerning changes in the observer requirements related to towing persons on Lake Minnetonka. DISCUSSION: Foster indicated that the subcommittee draft would be circulated among committee members for comment prior to the public hearing. VOTE: Motion carried unanimously. Partyka left at this time. LAKE USE AND RECREATION COMMITTEE, 11/28/94, P. 4 4. Mennepin County Sheriff's Water Patrol request for LMCD recommendation on a permit request of Albert Livingstone and Merge Fradenburgh, Plymouth, to conduct a special event involving a for- hire para-sail activity on Gideons Bay and Lower Lake South. Foster introduced applicant A1 Livingstone. A five minute video shown by Livingstone illustrated a variety of para-sailing methods including the proposed Nordic Winch Boat method. Concerns and questions concerning the proposal were directed to Livingstone. The size of lake area required, boat noise level, operating speed while towing, and the operator's familiarity with the lake were among the points raised. Key items discussed with the applicant: 1. Base of operations would be from the Excelsior Park Tavern, Excelsior Bay. 2. Watercraft speeds are generally in a seven to twelve mph range since the boat moves into head winds for greatest air speed. Towing with the wind at faster boat speeds consumes too much fuel. A zig-zag travel pattern also helps keep forward movement slow. 3. Six persons are on board the boat taking turns at ten minute flights, total time out being about 1.25 hours per trip. 4. The normal area occupied for towing the 400' to 600' line is about 100 sq. yds. 5. Towing during the week, Monday through Thursday, could be considered in portions of Lower Lake South and Lower Lake North. 6. Weekend towing, Friday, through Sunday, could only be considered in a less dense boating bay such as Lafayette Bay. The committee agreed to recommend the board hear the request provided that a more detailed plan is submitted including days of operation, hours of operation, bays to be used, towing relationship to wind direction, and other related aspects of the operation. The board's role is to make a recommendation to the Water Patrol. The Water Patrol now has the authority to make the final determination on special events MOTION: Reese moved, Rascop seconded to have the applicant present his para-sail video and amended proposal to the board for educational purposes and a possible recommendation to the Water Patrol. DISCUSSION: McGlasson noted that the Water Patrol does not recommend this special event. He is curious as to why they took this position. He is not ready to take it before the board. Strommen indicated that it is possible for Livingstone to resolve the Water Patrol objections prior to the December 7 board meeting. The board could then make its evaluation based on that outcome. LAKE USE AND RECREATION COMMITTEE, 11/28/94, P. 5 VOTE: Motion carried unanimously. 4. Lake Access Task Force Report implementation per staff outline. Foster indicated he would report on this item at the next meeting. 5. 1994 Boat Density Study, The Boat Density Study was not circulated to the committee prior to the meeting since it was not received from the contractor, Clear Air, Inc., until 11/23, Strommen noted. Foster advised he had not been able to fully review the report to comment on it at this time. It is intended that the board will be provided copies for the December 7 meeting for comment at that time. The contractor will complete its contract with LMCD on the report in December as part of a 1994 budget program, Strommen further noted. MOTION: Grathwol moved, Zwak seconded, to have the Board review the Boat Density Report and then have it referred back to the Lake Use and Recreation Committee for its further review and comments. Motion carried unanimously. 8. Additional Business Rascop reported his objection to a change in the parking layout at the Phelps Bay Tuxedo Road access in Minnetrista. He believes it will be difficult to maneuver boats in and out of the access. He also sees the sharp turn into the access as a problem. Strommen reported he and Larry Killien, DNR, met with Minnetristats city planner, police chief and council member Paul Pond whose home is adjacent to the access. Strommen and Killien's concluded that room is adequate for launching boats, as well as winter lake access. The turn off the road is tight. City officials are open to making adjustments to the road turn if needed. Strommen added that there seems to be more problems with neighbors who believe the road is now too narrow at that point. The road is 25t, a standard width for this type of road. This width is hoped to slow the traffic speed which has been a problem in this area according to the police chief. The committee concluded the change should be left for the city to resolve with citizens and persons using the access. 9. Adjournment. The meeting was adjourned at 7:15 pm. FOR THE COMMITTEE: Albert O. (Bert) Foster chair Eugene R. Strommen Executive Director RECEIVED 5 199 LAKE MINNETONKA CONSERVATION DISTRICT Save the Lake Advisory Committee Minutes 5:00 pm, Thursday, November 17, 1994 LMCD Conference Room 160, Norwest Bank Bldg. Present: Chair Craig Mollet, LMCD board; Co-chair Bob Pillsbury; Len Kopp, Frank Mixa, Executive Director Gene Strommen; MEETING MINUTES REVIEW. Minutes of the meeting of 9/8/94 were accepted as mailed. SUBCOMMITTEE REPORT AND RECOMMENDATION ON VISION STATEMENT. Mollet reported on the Save the Lake Vision Subcommittee which met November 3 to review criteria for a Vision Statement prepared by the executive director. Based upon the subcommittee discussion, the executive director drafted a Vision Statement which was forwarded to the subcommittee for further comment. A recommendation was made to drop a reference in the second line of the introduction, namely "a vast audience of", the amended sentence to read "Lake Minnetonka provides recreational experiences and aesthetic values to public water surface users, the general public and lakeshore owners. There were no further subcommittee recommendations for amendments. COMMITTEE DISCUSSION ON VISION STATEMENT. The major discussion was directed to the listing of eight Criteria, and the point Range and Score columns. Items recommended for amendment were: 2. "Sustains or improves a major recreational resource." 3. "Investment benefit will be long term." The committee then concluded that use of a scoring system would tend to put too much weight on some criteria which at times may not be desirable. The committee recommended removing a system of points for the various criteria. The committee recommended the amended draft be forwarded to the board for its review, recommendation. A copy of the revised statement is provided with these minutes. MAIL SOLICITATION PROGRESS. Contributions through 10/31/94 were reported at $24,721, compared to $22,500 budgeted. Strommen noted that since the in come is now in excess of the budget, and the $5,000 Lakeshore Lighting budgeted expense was removed by the board later in the year, the committee could consider introducing a funding a proposal previously under consideration for 1994 but withheld. SAVE THE LAKE ADVISORY COMMITTEE, 11/17/94, Page 2 Pillsbury asked that the inflatable Zodiac emergency rescue boat for the Hennepin County Sheriff's Water Patrol be reconsidered. The proposal under consideration in March, 1994 was: > Zodiac Mark 2 Virage, 1992 model, tax, freight - $3,468.00 > Shorelander B14-10 trailer, custom fitted to boat with special bunks, guide-ons - 958.50 Estimated total cost $4,426.50 The 1992 model likely is not available at this date. The 1994 Mark 2 Virage was quoted tax, freight 3,780.75 This would increase the total package to - $4,739.25 The 1994 package is subject to a requote which the executive director will do prior to submission to the board. Pillsbury moved, Mixa seconded that the committee recommend to the board the purchase of the Zodiac Mark 2 Virage and trailer for the best price available at this time. Motion carried. FUTURE PROJECTS. Mixa suggested that some small action groups be developed as subcommittees which could carry out special programs to supplement the Advisory Committee members. Projects such as lakeshore clean-up, place mats encouraging environmental lake protection for restaurants and similar tasks could be carried out this way. Mollet will explore these opportunities in future meetings. FINAL 1994 APPEAL LETTER AND PLANS. The draft appeal letter was received without change. Strommen noted the mailing should be ready to go the last week in November. NEXT MEETING. The next meeting was agreed for 5:00 pm, Thursday, January 5. ADJOURNMENT. There being no further business, the meeting was adjourned at 6:10 pm. FOR THE COMMITTEE, Executive Director Revised 11/17/94 LAKE MINNETONKA CONSERVATION DISTRICT Save the Lake Vision Statement INTRODUCTION. Lake Minnetonka provides recreational experiences and aesthetic values to public water surface users, the general public and lakeshore owners. The Lake Minnetonka Conservation District (LMCD), its fourteen member cities surrounding the lake, Hennepin County, Hennepin Conservation District, Minnehaha Creek Watershed District and Minnesota Department of Natural Resources share major management roles in protecting the lake's environmental quality and user experiences on the lake. Public funding provides the basis for implementing programs which preserve or improve upon the environmental quality and user experience. At times, however, supplemental programs are needed to enhance or speed up the public program initiatives. The LMCD has developed a privately-raised reserve fund to meet program needs addressing the lake's environment and recreational use priorities. This fund has been identified by the LMCD board of directors as a financial source for select programs supporting environmental and recreational values of Lake Minnetonka. CRITERIA FOR ALLOCATING RESERVE FUNDS. The LMCD board's commitment to take extra-ordinary care in disbursing reserve funds calls for special criteria in evaluating the purpose for which these funds will be spent. The following criteria are the measures from which reserve fund allocations will be based: SAVE THE LAKE VISION STATEMENT, 11/17/94 Revision CRITERIA: 1. Represents major environmental preservation or an improvement on an environmental priority. 2. Sustains or improves a major recreational resource. 3. Investment benefit will be long term. 4. Public benefit spans broad range of lake users in terms of age, economic profile, use interest. 5. Attracts matching public or private funds, preferably more, to produce the program. 6. Appeals to fund contributors who recognize and likely support the proposed program and would be expected to continue to replenish the fund. 7. Meets a major lake educational need not being met by other public or private initiatives. 8. Would not exceed 75% of the existing reserve fund balance. RECEIVED DEC § LAKE MINNETONKA CONSERVATION DISTRICT Administrative Committee Meeting Report 6:30 pm, Wednesday, October 26, 1994 Tonka Bay City Hall Present: Bill Johnstone, Chair; Doug Babcock, Jim Grathwol, Bert Foster, Jim Grathwo], Gene Partyka, Ross McGlasson, Bob Rascop, Herb Suerth, Joe Zwak, Executive Director Gene Strommen; o MEETING REPORT. Reese moved, Partyka seconded to accept the meeting report of 9/28/94 as presented. Motion carried. FOURTH QUARTER REPORT TO THE MAYORS. Johnstone reviewed the 9/30 discussion held with city mayors and council members. Cities represented were Deephaven, Excelsior, Minnetonka Beach, Orono, Spring Park and Tonka Bay. Slip rentals at private residences was discussed. Enforcement was recognized as a challenge. LMCD's position was stated that any effort for LMCD to undertake slip rental enforcement would require a code amendment and full city backing for staff and legal time which would be required. The Lake Access Task Force report was distributed and commented upon by Grathwol. Foster conducted a review of the procedure for carrying out the LATF Report action now in the hands of the Lake Use and Recreation Committee. o Lighting regulation prompted considerable discussion. The consensus of this discussion was that concerns for security of watercraft and property on land must be balanced with aesthetics and navigation protection. PROCEDURE FOR PUBLIC HEARING OF PUBLIC PIER PUD ORDINANCE. The public hearing purpose is that of receiving public comment on the ordinance, Johnstone summarized. Partyka moved, Grathwol seconded to recommend to the board that a public hearing be held prior to the December 7 board meeting at 7:00 pm. Motion carried. EURASIAN WATER MILFOIL BUDGET ADJUSTMENT. A staff memo of 10/21/94 recommended budget line item adjustments in the 1994 Milfoil Budget to allow for increased maintenance and repairs on the harvester equipment. The total transfer amount would be $18,799. Babcock moved, Grathwol seconded to reco~mmend to the board the transfer amount of $18,799 as detailed on the 10/2]/94 memo. Motion carried. o COMMITTEE AND SUBCOMMITTEE CHAIR APPOINTMENTS. Johnstone reported he will make these recommendations at the December meeting to allow board members more time to consider their areas of interest. ADMINISTRATIVE COMMITTEE, Meeting Report, 10/26/94, Page 2 ADMINISTRATIVE TECHNICIAN EMPLOYMENT RECOMMENDATION. The executive director provided background the committee on the candidate interview process and interview of four finalists. He then presented background information and.employment terms for the administrative technician candidate. Gregory S. Nybeck, Coon Rapids, qualified as the top candidate with a masters degree in public administration and internships with the cities of Anoka and Belle Plaine. The executive director recon~nended Nybeck be employed at an annual compensation of $24,000, subject to a performance and compensation review at the end of his six months probationary period, compensation adjustment to be open to a possible increase above cost of living upon a favorable performance review, along with the employment benefits as described in the Personnel Policies. Reese moved, Zwak second=d to recommend to the board that Nybeck be hired for the compensation, benefits per the Personnel Policies and six months review as recommended by the executive director. Motion carried unanimously. ADDITIONAL BUSINESS. BWI GROSS MISDEMEANOR PROSECUTIONS. Johnstone reported on his exchange with Hennepin County Attorney Mike Freeman regarding the county assisting in the cost of prosecutions on prosecuting BWI gross misdemeanors. Johnstone will be meeting with the Freeman after the election. Rascop reported he was aware that 1] of the 12 most r=cent BWI offenders were subject to the gross misdemeanor charge. CLARK/TONKA TOYS PROPERTY SALE IN SPRING PARK. Reese reported that this property has been purchased by an out of state company from the Resolution Trust Corporation. Reese points out that this property could be subject to development which could have an impact on the use and aesthetics of the lake. ADJOURNMENT. There being no further business, the meeting was adjourned at 7:20 pm. FOR THE COMMITTEE: Executive Direc 1,280.00 1,280.00 Tax Capacity 1994 100,000 taxh enn 1995 100,000 Value Homestead County Tax 479.24 481.36 2.11 0.44% City Tax 269.18 262.73 (6.45) -2.40% School Tax 867.65 847.39 (20.26)-2.34% Metro Transit 46.54 45.13 (1.41) -3.03% Watershed 3 4.28 29.75 25.47 595.81% Mound HRA 3.12 3.02 (0.10) -3._P8% Mosquito Control 4.60 4.49 (0.10) -2.23% Metro Council 4.95 4.76 (0.19) -3.88% Solid Waste Debt 0.44 0.47 0.04 8.82% Park Museum 4.81 4.76 (0.05) -1.06% Hennepin Parks 18.46 17.88 (0.58) -3.12% Total 1,703.27 1,701.75 (1.52) -0.09% ~, ............ I! ,~ 11 I I1, li~ II Il,, LEN HARRELL Chief of Police November 21, 1994 MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Officer Troy Denneson Chief Len Harrell Letter of Commendation/Emergency Child Birth I am writing to commendate you for your efforts on November 11, 1994, when you responded to a request fi.om Jean Spillane, who had started going into labor. According to Mrs. Spillane, your actions were extremely professional and appropriate when you actually delivered her little daughter, at the scene, before the paramedics had arrived. Mrs. Spillane also states you followed up within several days by stopping by to congratulate her and bring her flowers. Your quick and professional response to that medical emergency is to be commended for the good work. Thankyou i The'~Piii~n[~f~il~ Woulc~ like. tO_ send'a-special 'thank yout to Officer Troy Denneson of ~he,,' Mound Police Deparlment and ~o1 Da~. Grady of the Mound FireI Department for their assistancel with the sudden/unexpected', birth of our'daughter, Sarah' Marie; ~;at~ home~n,,Friday, Nov.i Thanks are also in order to all i 'the other firefighters andt ,paramedics from Ridgeview ~ospital who helped; Great'job, Tim; Matthew. ilnd ,qnrp DATE: TO: FROM: SUBJECT: November 16, 1994 RECEIVED NOV 2 3 Commi ssioners Judy Chumley~ ~ MEMBER AT LARGE APPOINTMENTS - 1994-1995 ANNUAL LIST As required under the open appointments policy, attached is the Annual List of all Member-At-Large Appointments that are due to expire in (end) 1994 - 1995. The vacancies which are currently open and announced are for the terms ending 12/31/94 thru 4/7/95. ¥555 Attach: cc: Monica Sausen, Community Health Pat O'Connor, Taxpayer Services Barbara Thell, Director County Extension Service Janet Leick, Environmental Management Douglas F. Bryant, Superintendent Park District Michael Bastyr, Human Resources Rafael Viscasillas, Human Resources Wanda Alexander, Adult Services Duane Stanley, Commitment Defense Project Cindy Ahrens, Library Patty Susick, TEA Harvey Linder, Family & Children's M/H Prgm Laurie Kaye, Children & Family Services Tim Moriarty, Co-Chair, Children's Mental Health Adv Council Jacqui Smith, Co-Chair, Children's Mental Health Adv Council Ronald Harnack, Soil & Water Louis N. Smith, Atty for M'haha Watershed Bd. Bruce Malkerson, Atty for Lower MN Watershed Bd. Ray Haik, Atty. for Riley-Purgatory-Bluff Watershed Bd. and Nine Mile Creek Watershed Bd. Dulcie Hagedorn, OPD Sharon Johnson, CASH Bd. Phil Weber, Budget Various Municipalities (Watershed Districts) (Judy Nally, City Golden Valley) (City of Eden Prairie Mgr.) continued - MEMBER AT LARGE APPOINTMENTS - 1994-1995 ANNUAL LIST - continued Page 2 j~oel ~ettles, EnVironmental Mgmt mes uourey Bob Hanson Kay Mitchell Laurie Kleven Rosalind Miller Karen Pier Larry Brown Mark Felton Mental Health Association of MN 328 East Hennepin Ave. Mpls., MN 55414 Citizens League 708 South 3rd Street, Suite 500 Minneapolis, MN 55415 Ms. Barb Dols H.C. League of Women Voters 2713 West 54th Street Minneapolis, MN 55488 Z Z Z Z Z Z Z Z Z ~ Z Z Z ~ Z q~ 0 FO n~ ~~- RESOLUTION NO. 94-4-~3R2 The following resolution was offered by Commissioner Keefe, seconded by Commissioner Hilary: BE IT RESOLVED, That exceptions could be made to the Hennepin County Board's Open Appointments Policy regarding term !~mits by a 5/7 vote of the Board. The _~uestion was on the adoption of the resolution and there were Five YEAS and Two NAYS, as follows: COUNTY OF HENNEPIN BOARD OF COUNTY CO~IMiSSIONERS YEA M~_ke Opat Sandra Hi!ary X Peter McLauqh!in Randy Johnson John Keefe Emily Anne Staples Mark Andrew, Chair X RESOLUTION A~ ATTEST: Cler,~ o~ the Couz~C.y Board NAY" 0 TR'ER RESOLUTION NO. 94-2-1!5B The following resolution was offered by Commissioner Opat, seconded by Commissioner Staples: BE IT RESOLVED, That the term limits portion of the document enti:led Open Appointments Policy, dated March !, !~9~ (a copy of which is on file with the Clerk of the County Board), is hereby adopted. The question was on the adoption of the resolution and there were Five YEAS and Two NAYS as follows: COUNTY OF HENNE?IN BOARD OF COUNTY COMMISSIONERS Mike Opat Sandra Hilary Peter McLaughlin Randy Johnson John Keefe Emily Anne Staples Mark Andrew, Chair YEA X NAY OTHER RESOLUTION ADOPTED. ATTEST: Clerk County Board RESOLUTION NO. 94-2-115A The following resolution was offered by Commissioner Opat, seconded by Commissioner Staples: WHEREAS, The Hennepin County Board of Commissioners originally adopted the Open Appointments Policy under Resolutions 77-2-126 and 77-2-126R, which were amended by Resolutions 80-6-571, 83-5-249 and 93-2-69B-R1, and WHEREAS, The Board of Commissioners wishes to provide for increased access for citizens of Hennepin County to serve on boards and committees which advise the County Board, and WHEREAS, The Board also wishes to provide for a fair and open appointment process which ensures that the diversity of County residents is reflected on boards and committees advising the County. BE IT RESOLVED, That the document entitled Open Appointments Policy, dated March 1, 1994 (a copy of which is on file with the Clerk of the County Board) exclusive of the term limits portion, is hereby adopted as Board policy, and BE IT FURTHER RESOLVED, That the portions of the original policy which pertain to appointments to the unclassified service remain in effect. Commissioner Opat moved to amend the Policy under the paragraph entitled Non-discrimination by striking the words criminal record. The motion was seconded by Commissioner Staples and the vote was as follows: YEAS: Keefe, Opat, Johnson; NAYS: Staples, McLaughlin, Andrew; ABSTAIN: Hilary. Motion failed. Commissioner Johnson moved to amend the Policy under the paragraph entitled Standarized Information on Applicants" by deleting the words political affiliation and adding those words to the paragraph entitled Non-discrimination. The motion was seconded by Commissioner Keefe. Commissioner Opat requested the motion be divided and Chair Andrew so ruled. The Chair called for a vpte on the first part of the motion to delete the words political affiliation-from the paragraph entitled Standardized Information on Applicants, and there being a voice vote, the Chair ruled the motion was adopted. The Chair called for a vote on the second, part of the motion to add the words political affiliation to the paragraph entitled Non-discrimination, and the vote was as follows: YEAS: Johnson, Keefe; NAYS: Staples, Opat, Hilary, McLaughlin, Andrew. Motion failed. 0236 Resolution No. 94-2-115A Continued Page 2 The question was on the adoption of the resolution as amended and there were Six YEAS and One NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS Mike Opat Sandra Hilary Peter McLaughlin Randy Johnson John Keefe Emily Anne Staples Mark Andrew, Chair YEA X X X X X X NAY OTHER RESOLUTION ADOPTED. ATTEST: '~~_~. ~, Clerk-or, he CourLty Board OPEN APPOINTMENTS POLICY Ad~pted February 28, 1994 (Res0]ut~0n For appointments to boards, commissions, associations, task forces, watershed districts and advisory committees. Purpose Hennepin County contains a vast reservoir of talent and energy in its citizens. The purpose of this policy is to tap this reservoir to benefit County government. Further, by promoting broad-based participation by citizens in the committees, boards and commissions which advise County Commissioners and help set public policy, County government counters any perception that citizens have no opportunity to influence County policy. Broad-based participation also creates ambassadors for county programs and insures the diversity of County residents is reflected in County decision-making. It helps provide role models from various social, economic and cultural segments of the community. This Open Appointments Policy is designed to be an objective process characterized by increased access, fairness and equal opportunity, while preserving the qualitative and discretionary elements necessary to appoint the best qualified candidates possible. We also recognize that the Open Appointments Policy can provide an entry point for future leaders to involvement in civic activities and open access to the political process, which we want to encourage. Our community can only gain from the insights, variety of perspectives, new information and new methods of problem-solving a broad-based open appointments policy can bring to County government. Goals The goals of the Open Appointment Policy are: * To ensure that all interested citizens of the County have opportunities to be considered for appointments. * To establish standard procedures for a~pointing members to Hennepin County Boards and Commissions. * To ensure to the greatest extent possible that all appointed boards reflect the diversity of County residents and are representative and balanced by geography, gender, culture and' ethnicity and contain representatives of a variety of educational and employment backgrounds as'well as interests, experiences and lifestyles. · * To ensure broad public participation by including a two-term limit and absence standard in the policy. 1 * To provide sufficient staff support through the Office of the Clerk of the Board, the Department of Human Resources and ~mployee Relations and the Department of Public Affairs to ensure a well-managed Open Appointments system. Fur~_her, to provide that depar~mental committee liaisons from appropriate departments are assigned to each committee so that relevant information is provided the managers of the system in a timely manner. Activities Staff will conduct the following activities to implement the Open Appointments Policy: * Develop and maintain a database of all boards and committees including information on origin, duration, purpose, meeting times, board composition, number of members, terms of members, current membership roster and term expirations, qualifications, and other pertinent information, copies of articles of incorporation, bylaws, statutes and any other documents related to the committees will be obtained and periodically updated. * Develop standardized application materials and a tracking and reporting system which provides information on the balance and representativeness of the system. * Produce and distribute materials including informational booklets, press releases and announcements concerning appointments; conduct recruitment activities, with emphasis on groups usually under-represented. * Distribute applications to interested citizens. * Provide the County Board with information, applications and other materials so that appointments are made in a timely fashion, and according to the Open Appointment policy. Application of Polic~ The Open Appointments Policy applies to County committees which' contain citizen members and/or representatives of governmental and private sectors which report directly to the Hennepin County Board. It also applies to citizen appointments made to other bodies (such as the Minneapolis Planning Commission or the Hennepin County Extension Board) which have a certain number of Hennepin County Board appointment slots. It does not apply to committees which are comprised of staff people of governmental units and affiliated agencies which have a staff coordination or other such function and do not usually report to the Board. Appointments Covers4 Appointments covered by the Open Appointments Policy are those which are made by the Hennepin County Board as a whole, which have a fixed term (which has an end date and may require a reappointment or new appointment), and are to a committee or task force expected to have a duration of at least one year. This policy does not apply to ex-officio appointments or to appointments designated to be filled by Hennepin County Commissioners. Commissioners may, at their discretion, use the Open Appointments process for other appointments. They may also use applications on file from the Open Appointments application solicitation to fill slots on ad hoc or time-limited committees. Process In preparation for year-end term expirations and periodically throughout the year as necessary, the Clerk of the Board, with the assistance of the departmental liaisons, will prepare a list of appointments for committee positions which are vacant. (This would include vacancies caused by term expirations, resignations and the creation of new committees.) These vacancies shall be widely advertised through mailings, announcements during televised board and committee meetings and adv?~.isements in the media. During the major applicant solicitation in October and November (when applications for terms ending December 31 are being solicited), the Department of P=blic Affairs and Department of Human Resources and Employee Relations will mount a major public education and recruitment sec' ' effort. Any z =ne co 1tree shall be incorporated into the overall recruitment effort. Ail applicants shall be sent a standardized application form which Will gather.information necessary to track applicants in order to better achieve the committee balance goals of the policy. The application period shall close no less than thirty days from the vacancy announcement date. The Clerk of the County Board will supply each Commissioner with copies of the applications for each committee, together with a summary sheet for each committee which provides information on the demographics and other qualifications and characteristics of the applicants as well as a summary of the demographics of the committee, if applicable. The Chair of the County Board shall place the appointments to each committee on the agenda of the appropriate County Board committee within three weeks of receiving the applications from the Clerk. Payment for Legitimate Expenses To remove as many barriers as possible to service on committees by ordinary citizens of the County, expenses incurred in the course of committee service, subject to all applicable laws, rules and regulations, will be reimbursed by the County. This may include expenses for child care, travel and parking. Those who receive expense reimbursement from employers or other sources will not receive expense payments. Tdne and Loca~£on of Oonmi~tae Keetia~s Every effort will be made to conduct committee meetings at times and in locations which f~ci!itate participation by citizens of the County. ~bsence If any person appointed under this policy misses three consecutive meetings, excluding special meetings, without being excused by the committee, that person's term will automatically expire. Attendance reports will be submitted by the departmental liaison to the Clerk documenting such absence before the position is declared vacant under this provision of this policy. Term Limits Ail appointments which the County Board shall make under the Open Appointments Policy shall be subject to a limit equal to the greater of two consecutive terms or six (6) years. Geographical Representation Since Commissioner Districts are the basis for democratic representation on the Hennepin County Board, whenever legal and practical all boards,-committees and task forces will include persons who reside in each of the commissioner districts. Eligible Applicants The application form will ask applicants whether they are County employees, have a contract with the County or work for a County vendor, or are currently enrolled as a client in a County program or are receiving individual services from the County. In some instances the Board may wish to appoint persons with such experience, in some cases they may wish to appoint persons with less direct connection to the County. Where this is a qualification either way, the solicitation for applications for the particular appointment will so state. Residenc~ Requirements Preference in appointments will be given to residents of Hennepin. County, but exceptions may be made by the Board to include persons with exceptional qualifications. Standardized Information on Applicants The office of the Clerk of the County Board, assisted by other departments as necessary, will develop a standardized application form to be submitted by all applicants under the Open Appointments Policy. The form will ask for information regarding age, sex, race and ethnicity, occupation, place of residence, relationship to the County or its vendors and any other information deemed to be necessary. This information will be used to track recruitment efforts and assist in efforts to achieve committee balance. Ail submission of information will be voluntary, and failure to supply information will not disqualify an applicant. Information will be gathered in the least intrusive manner possible. Screening Process When there are more than ten applicants for each position, the Hennepin County Board may direct the County Administrator to conduct an objective screening process designed to select the most qualified applicants for interviews with the County Board. Exceptions Whenever possible, the County Board will make its appointments using the Open Appointment Process, from applications on file, provided such applicants qualify in the determination of the Hennepin County Board. If no qualified applicants exist on file for a specific appointment, or if the County Board determines a more qualified candidate exists for the position, the County Board reserves the right to determine the means of selection of an appropriate individual. Non-discrimination It is the policy of Hennepin County government to provide equal access to appointments made by the Hennepin County Board to committees, task forces, boards and commissions, without regard to race, sex, creed, color, religion, age, disability, marital status, criminal record, national origin, sexual preference, or public assistance status, subject to statute, rule or regulation and any qualifications established by the Hennepin County Board. Rules Regarding the Establishment of Committmes In order for the Open Appointments Process to function, resolutions creating boards and committees which will be governed by this policy must contain the following information: name of committee, powers and duties, number of members together with any restrictions on eligibility, desirable qualifications, date of commencement and expiration of terms and expiration date of committee, appropriation if applicable, appointing authority(les), responsible county staff department, and type of representational balance to be sought in membership. Departmental Liaison The responsible county department will name a committee liaison, who will be responsible to keep the Clerk informed as to the status and progress of the committee, any unexpected vacancies which may occur, Open Appointments information, and to submit any final reports and work products to the Clerk, along with notice of the committee's conclusion. NOTE: Some appointments are regulated by state or federal law or administrative rule.. When there is a difference between this Open Appointments Policy and rule or statute with regard to an appointment, rule or statute will prevail. 0435 <~) RESOLUTION NO. 94-4-255R1 The following resolution was offered biz the Ways and Means Committee: WHEREAS, The County Board wishes to establish a board and committee st_~-ucture which is effective and efficient, and, WEEREAS, The County Board wishes to make the best use of its time and the time of citizens who 1 o~ vo_unte__ to se_~ve on County boards and commiEtees, BE IT THEREFORE RESOLVED, That the County Board adopts the recommendations in the report Eenneoin County Boards and Committees: A Review and Recommendations; March, 1994. The question was on the adoption of the resolution, and there were Seven YEAS and NO NAYS as follows: COUNTY OF HENNEP!N BOARD OF COUNTY COMJ41SSIONERS YEA Mike Opat X Sandra Hi!ary X Peter McLaughiin X Randy Johnson X Job_n. Keefe Emily A_~.ne Staples X __ Mark Andrew, Chair X RESOLUTION ADOPTED. · f the ~ounty Board NAY OTHER ;ate Admin- Affairs DATE Of BOARD MEETING APPROVED LAID OVER TABLED OTHER BOARD ACTION ORIGINATING DEPARTMENT County Administration SIGNATURE BACKGROUND DATA [~ATrACHED [ON FILE WITH CLERK OFBOARD AGENDA NUMBER contained in the report "Hennepin County Boards and Committees: O~S" A ".4, 1994, Board meeting, the Board requested that the County Administrator l:~ards ~nd committees to determine if ~y reductions could be n~de in the number ~es "or appointments. "l~.ve been researched by staff m-~d the ~'esults reviewed by the Department ~Associate Administrators and the.;County Administrator '"J~nJ:lepin Coun:y Boards and Committees: A Review and Recommendat:ions", attached, ~c~ntat~. the County Administrator's recommendations. S COMMENTS RECOMMEND APPROVAL RECOMMEND DISAPPROVAL REVIEWED - NO RECOMMENDATION SUBMITTED AT COMMISSIONER REQUEST ASSOCIATE ADMINISTRATOR DATE DATE Summary of Committee Recommendations N~A Cha~ge Recommended ssociation of Minnesota Counties (AMC) ../?&udit Committee · .K/CASH (Community Action Suburban Hennepin) ~/' Center Hospital, Inc. ,~ccOmmunity Heatth Services Advisory Committee riminal Justice Coordinating Committee (CJCC) ~/HC Housino and Redevelopment Authority ~C Regional Raiiro,~d Authority v/Joint Committee on Community Corrections ,,,/Metro Hospitals Trustees Council ~Minnea.~olis Youth Coordinating Board ' ,~/Mn. Assn. of Community Corrections Act Counties ¢'NRP Policy Board * L./RDF Advisory Board v/Solid Waste Management Coordinating Board · ,.~., ranspor~ation Advisory Board ~/Designer Selection Committee .,c/Emergency Medical Services Council v~oard of E~uatization ,c/Mental Commitment Attorney Panel Advisory Board V~a~ital Budoetino Task Force esource R~cov~ry Operations Committee inneapOlis Pianning Commission · ~/State Community Health Services Advisory Board ,.//international Trade Advisory Board*" II. Make Appointment Optional/Reduce Number of Appointments ,,,,~IDS Task Force .,.//Comerhousetlnteragency Child Abuse Evaluation Center ,../Corremions Advisory Board CHennepin Count'/Historical Society Board .,.,/Metro 911 Telephone Board ' .v,~.Minnea~olis Institute of Arts Board of Trustees ~,/'Bicycle 'Advisory Committee III. Place Under County Administration v/C.A.R.E. Steenng Committee (Hold for NRP Policy Board decision) .,,-Minneapolis E,nvironmentai Commission IV. E]i/~inate ,c/Health F_xecutive Committee (Hold for results of legislation) v'd'oint Powers Disparity Study Board ,../,Compensation CouncJt revised i n C'tee Meeting 4/2!/94 VI. Recommend Another Body Appoint the Committee ../Emergency Medical Service Committee/911 Board Mandated: Not Included in the Report St. Anthony Falls Heritage Board County Extension Committee of the Minnesota Extension Service Hennepin-Scott-Carver Joint Powers Board * Trustees of the Hennepin County Law Library Municipal Building Commission Hennepin County Welfare Board Metropolitan Mosquito Control District Watershed Districts (four) Hennepin County Personnel Board Hennepin County Library Board Hennepin County Training and Employment Assistance Private Industry Council (PIC) Hennepin County Children's Mental Health Advisory Council Suburban Hennepin Regional Park District Joint powers agreements Other agreements 3 revised in C'tee Meeting 4/21/94 HENNEPIN COUNTY BOARDS AND COMMITTEES A Review and Recommendations March 1994 Introduction The Hennepin County Board of Commissioners, at its January 4, 1994, Board meeting, requested that the County Administrator review the advisory boards and committees in which the Board participates and to which it appoints. The Board specifically asked for recommendations concerning which commissioner appointments and committees might be eliminated. A similar review had been commissioned by the Board in 1990 which resulted in the adoption of Resolution No. 90-12-815-R1. That resolution contained fifteen actions which had the effect of reducing the number of commissioner appointments to committees. Some of the appointments which were made optional in that resolution are still being made, however. This review analyzes thirty-eight committees to which commissioners are appointed or to which they make appointments, and makes recommendations concerning the continuation of the appointments and committees. Committees of the County Board, time-limited committees, Railroad Authority committees, and appointments and committees which are required by law are not included in this report. Recommendations Appointments of County CommissiOners: Committee: AIDS TASK FORCE Recommendation: Res. 90-12-815R1 made commissioner appointments to the committee optional. Further, the current composition of the task force calls for one commissioner, although two have been appointed. It is recommended that a commissioner be appointed only if he or she wishes to serve. It is recommended that the committee itself be continued. Comments: The committee, which was created by the County Board, meets infrequently, usually when controversial issues and matters of policy are involved. The staff find commissioner involvement in the committee helpful because when issues come to the Board, there are commissioners with an in-depth understanding of the issues and the implications of various courses of action. Commissioners' aides often sit in for the appointed commissioners. Committee: ASSOCIATION OF MINNESOTA COUNTIES Recommendation: Continue to participate as provided for in the AMC bylaws. Comments: This is a nonprofit corporation in which the County participates. The County could ask that the provision in the bylaws for Hennepin County membership be removed, and could withdraw from participation. Since this is the major organization for communication among.county governments, Hennepin County benefits from membership. Committee: AUDIT COMMI'I-FEE Recommendation: Continue the Audit Committee and continue to appoint two commissioners to it. Comments: This committee, which was created by the County Board, performs an essential oversight function and commissioner participation provides an important oversight responsibility. Committee: CORNERHOUSE/INTERAGENCY CHILD ABUSE EVALUATION CENTER Recommendation: It is recommended that Hennepin County. request that the bylaws of the organization be amended to make the appointment of the County Attorney or designee, -the Associate Administrator for Social Services System or designee and the CEO of the Hennepin County Medical Center or designee, automatic. Further, that a Hennepin County commissioner not be appointed to the fourth Hennepin County appointment, unless there is a commissioner who wishes to serve. Comments: This organization was created by Hennepin County, Minneapolis and Minneapolis Children's Medical Center as an extension of city and county government to provide coordination and cooperation in a complex program area. The organization is now well established and commissioner participation is not as important as it was in the beginning. 4 Committee: COMMUNITY ACTION FOR SUBURBAN HENNEPIN (CASH) Recommendation: Hennepin County's powers to terminate the designation of CASH as the suburban Hennepin Community Action Agency are very limited (Mn Rules Chapter 3350). The bylaws provide that three of the members of the CASH Board shall be Hennepin County commissioners appointed by the Board, or their designees. It is recommended that the County Board continue to participate as provided for in the CASH bylaws pending the completion of the Hennepin County study of CASH and the Human Services Councils. Comments: The Hennepin County Board created CASH in 1985 as the Community Action Agency (CAA) serving suburban Hennepin County in order to access CSBG funds which now amount to about $600,000 per year. Without a CA,A, these funds cannot be obtained. Committee: COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE Recommendation: Continue to appoint the Chair of the Health Committee to the Advisory Committee. Comments: The County Board created this committee to comply with the requirement of the Community Health Services Act that the County must have an advisory committee in order to receive funds under the Act. The County Board. approved a reorganization of the committee in March of 1993 which included a provision for this appointment. The statute does not require that a commissioner serve on the committee. Committee: CORRECTIONS ADVISORY BOARD Recommendation: The County is required to have this committee as a condition of receiving Community Corrections Act (CCA) funding. Because the County wanted to participate in the CCA, the Board established this committee. It is recommended that the Board continue to appoint a committee of no less than nine members (MS 40'1.08), which is representative of the eight areas provided for in statute. Comments: County commissioner service is not required by statute, and the CAB was removed from the County Board appointment roster by Res. 94-1-22. The CAB has had more than nine members in the past, but the County is not obligated to continue to appoint more than nine, as long as the specified professions and segments of the community are represented. Committee: CRIMINAL JUSTICE COORDINATING COMMI'I-I-EE (~JCC) Recommendation: Res. 90-12-815R1 made commissioner service optional. However, it is recommended that the County Board continue to appoint commissioners to the two positions on the committee. Comments: The Minneapolis City Council resolution creating the CJCC states the CJCC is "... composed of elected officials.., a member may not delegate his/her position on the Committee to a staff representative." =,es. 87-3-175 states that the County agrees to participate. The other members ark- the Mayor of Minneapolis, Council members, chief judges, the County Attorney and the County Sheriff. Representatives from the Minnesota House and Senate have recently been added. Committee: HEALTH EXECUTIVE COMMITTEE Recommendation: It is recommended that this committee be disbanded as its functions have been taken over by the Joint Policy Committee of HCMC. Comments: The Health Executive Committee only met once and has not met again because of a legal challenge. Committee: HENNEPIN COUN'FY HISTORICAL SOCIETY BOARD Recommendation: Res. 90-12-815R1 requested the H.C. Historical Society not to appoint County commissioners unless the commissioners have agreed to serve. It is recommended that commissioners not be nominated to this board by the County Board unless they have agreed to serve. Comments: Since the Historical Society was established in 1938 it has been customary for their board to appoint two County commissioners as members, but there is no requirement that they do so. Committee: HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Recommendation: Continue to appoint County commissioners to the H.C. Housing and Redevelopment Authority Board. Comments: The HCHRA commissioners do not have to be County commissioners; the County commissioners could appoint others. However, since the role and .mission of the HCHRA is still being developed, and because the HCHRA powers can be used to enhance the County's mission, the current arrangement should be continued. Committee: HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY Recommendation: Continue to appoint County commissioners to the H.C. Regional Railroad Authority. Comments: The Railroad Authority commissioners do not have to be County commissioners, but because the light rail system is in the planning and development stage, the County commissioners should continue to serve as the Railroad Authority Board. Committee: INTERNATIONAL TRADE ADVISORY BOARD Recommendation: The County Board does not actually appoint members to this board, it nominates members who are then approved by the Minneapolis City Council. It is recommended that the County Board delegate, the responsibility for nominating persons to the Hennepin County slots on this board to' the County Administrator. Comments: Because Hennepin County contributes funding to this effort, and because the work of the organization has bearing on Hennepin County's interests in solid waste, employment and other areas, Hennepin County should retain its membership on this board. However, appropriate staff persons nominated by the County Administrator could represent the County's interests on the board, relieving the Commissioners from board service. The County's contribution to the Trade Advisory Board is in the budget of the Department of Training and Employment Assistance. 6 Committee: JOINT COMMITTEE ON COMMUNITY CORRECTIONS Recommendation: Continue to appoint four commissioners to this committee, Comments: This committee is not mandated but was established pursuant to MS 401.02 subd. 1 and 3 to provide for an administrative structure for what is now the Department of Community Corrections. The membership was established in a plan adopted by the County Board and the District Court judges, with approval froth the Department of Corrections, in 1985. Res. 84-2-959 states that the County Board agrees to the organizational structure, endorses the plan and authorizes the Chair to sign the agreement on behalf of the Board. Committee: JOINT POWERS DISPARITY STUDY BOARD Recommendation: This was never implemented, so the appointments which were made danuary 4, 1994, are not in force.,. Comments: Hennepin County may enter into a new agreement with other governmental entities. Because of the importance of the issue the board will address, it is intended.that commissioners will be appointed to a new board, if one is established. Committee: METRO HOSPITALS TRUSTEE COUNCIL Recommendation: Continue to appoint a County commissioner to the Council. Comments: Since the County Board functions as board of trustees for the Hennepin County Medical Center (HCMC), and since this organization is comprised of the chairs of the boards of trustees of metro area hospitals, it is appropriate for a County commissioner to be appointed. The HCMC representative does not have to be a commissioner. Committee: METRO 911 TELEPHONE BOARD Recommendation: Hennepin County may have two commissioners with three votes each, or three commissioners with two votes each, on this board. There are currently three Hennepin County commissioners on this board. It is recommended that two commissioners be appointed, unless there is a third commissioner who wishes to serve. Comments: Hennepin County is party to a joint powers agreement which established this board. The agreement provides that board members must be County commissioners. Committee: MINNEAPOLIS YOUTH COORDINATING BOARD Recommendation: Continue to appoint two commissioners to serve on this board. Review the membership provisions when the joint powers agreement is up for renewal in 1995. Comments: A memorandum dated June 20, 1990, from the County Attorney's Office states that "the county is obligated to designate two county board members as its representatives under the terms of the current joint powers agreement...". When the joint powers agreement was renewed later in 1990, the same provision for County commissioner service was included. 7 Committee: MINNESOTA ASSOCIATION OF COMMUNITY CORRECTIONS ACT COUNTIES Recommendation: Continue to appoint one County commiSsioner as one of Hennepin County's three delegates as provided for in the MACCAC bylaws. Comments: Since this association develops policy and legislative positions relative to the Community Corrections Act, belonging to the organization and having a commissioner as one of the delegates is beneficial for Hennepin County. Committee: MINNEAPOLIS INSTITUTE OF ARTS BOARD OF TRUSTEES Recommendation: Res. 90-12-815R1 provided that the Chair would dectine to appoint a commissioner unless there was one willing to serve. It is recommended that a County commissioner not be appointed unless there is one willing to serve. Comments: The bylaws of the Art Institute provide that one member of the board of trustees shall be a member of the Hennepin County Board, appointed by the Chair of the Board, provided the appointee accepts the appointment. Committee: NEIGHBORHOOD REVITALIZATION POLICY BOARD (NRP) Recommendation: Continue to appoint the Chair and two other County commissioners to the NRP Policy Board. Comments: The County Board is one of the parties to the NRP Joint Powers Agreement. The Joint Powers Agreement authorizes establishment of the NRP Policy Board. The Hennepin County Board, along with other governmental entities, participated, by resolution, in the establishment of the NRP Policy Board. Membership to the Policy Board is provided for in the bylaws of the organization. Committee: RDF ADVISORY BOARD Recommendation: Continue to appoint one commissioner and one alternate to this board. Comments: This board is not required by the service agreements with NSP regarding the operation of the resource recovery facility at Elk River. Because it is vested with certain powers by the county boards which established it, however, the individual county boards do not have to take action individually on certain matters regarding the RDF facility. The participating counties have all signed an agreement establishing this board and its membership. Committee: SOLID WASTE MANAGEMENT COORDINATING BOARD Recommendation: Continue to appoint two commissioners to this board. Comments: The joint powers agreement establishing this board provides that two commissioners from Hennepin County shall be appointed to this board. The joint powers agreement expires in December of 1995. Committee: TRANSPORTATION ADVISORY BOARD Recommendation: Continue to nominate one member of the County Board for confirmation by the Metropolitan Council. Comments: The bylaws of this committee which advises the Metropolitan Council on transportation issues provides that a Hennepin County commissioner serve. The 8 committee was established pursuant to M.S. 473.146, subd. 4, which requires the Met council to establish an advisory body to advise them on transportation planning. Citizen or Staff Appointments or Committees: Committee: DESIGNER SELECTION COMMITTEE Recommendation: Continue to appoint the Designer Selection Committee. Comments: This committee was established in 1979 and has worked well in assisting the County to select architects and designers for its major projects. Committee: EMERGENCY MEDICAL SERVICES COUNCIL Recommendation: It is recommended that the Board continue its role as ultimate authority for this committee. Comments: The County Board, pursuant to Res. 92-8-677, does not have an ongoing appointment function for this committee. The member organizations appoint their representatives, and the County EMS Medical Director serves. The County Board would act should there be need for dispute resolution or reorganization of the committee. Committee: BOARD OF EQUALIZATION Recommendation: Continue to appoint the special Board of Equalization. Comments: The County Board along with the County Auditor could form the Board of Equalization, which is mandated by M.S. 274.13. However, subd. 2. provides for an appointed board, which is how the County Board forms its Board of Equalization. Committee: MENTAL COMMITMENT A'FFORNEY PANEL ADVISORY BOARD Recommendation: Continue to appoint this panel. Comments: This committee has functioned well since 1982 as a method for selecting attorneys to represent persons petitioned for commitment. VVhile not specifically mandated, this committee was formed in response to a court decree. Committee: CAPITAL BUDGETING TASK FORCE Recommendation: Continue to appoint this committee. Comments: This committee, established by the County Board in 1.973, has provided citizen expertis~ to the County relative to the five-year capital program for twenty years. Committee: BICYCLE ADVISORY COMMITTEE Recommendation: Continue to appoint this committee until the master plan for the county bicycle system is completed; review status at that time; provide that they select their own chair. Comments: This committee was created by the County Board with no sunset date. The committee is the planning and advisory group for a number of bicycle-related projects. The County will probably be a joint applicant for ISTEA funds to develop bicycle routes in the county this year. The resolution creating the committee provided that the Board would appoint their chair; however, the committee has always 9 appointed its own officers. Committee: COMPENSATION COUNCIL Recommendation: Do not appo. int new members when terms expire in June of 1994. Eliminate the Compensation Council. Comments: The County Board sets the level of compensation.. Committee: CENTER HOSPITAL, INC. Recommendation: Adjust bylaws to reflect the new organizational structure. Comments: Center Hospital is a corporation created by the County to own hospital facilities. The current membership is persons who hold the offices of Director of Budget and Finance, County Administrator, and Associate Administrator of Health. Since the latter office does not exist under the new county structure, the bylaws must be changed to include the Associate Administrator for Health Systems. Committee: RESOURCE RECOVERY OPERATIONS COMMITTEE Recommendation: Continue to appoint the County Engineer or his designee to this committee. Comments: This is a staff committee established by resolutions from the participating counties. It is required by the service agreements the counties have with NSP relative to the resource recovery facility at Elk River. Committee: MINNEAPOLIS PLANNING COMMISSION Recommendation: Res. 90-12-815R1 replaced the traditional commissioner appointment with a citizen appointment to represent the County. Continue to appoint a citizen to represent the County on the Minneapolis Planning Commission. Comments: The charter of the Planning Commission does not require that the County's appointment be a commissioner. Committee: STATE COMMUNITY HEALTH SERVICES ADVISORY BOARD Recommendation: Continue to appoint.a County staff person (director of the Community Health Department) to this board. Comments: This appointment is made by the Board periodically as part of the community health planning.process. Committee: C.A.R.E. STEERING COMMITTEE Recommendation: Place under the County Administrator. Comments: This committee was created as part of the C.A.R.E. program, which was created by the CJCC. C.A.R.E. has now been folded into the Neighborhood Revitalization Program, but this committee has been continued. The Hennepin County Board has no direct involvement with this committee other than that it initially approved the participation by County staffers. 10 Committee: EMERGENCY MEDICAL SERVICES COMMI'I IRE/911 BOARD Recommendation: Recommend to the 91'1 Board that they appoint this committee. Comments: When Hennepin County left MICA (Metropolitan Inter-County Association), a regional body had to be found to sponsor EMS regional planning and receive the planning grant, The 911 Board agreed to serve in that role. The 911 Board is comprised of county commissioners. Currently there are three Hennepin County commissioners on the board and one is the board president. The EMS committee has been functioning for approximately ten years. Recently, as the committee began formalizing the EMS agreement, one county suggested that the committee appointees be appointed by their respective county boards, rather than the 911 Board. Committee: MINNEAPOLIS ENVIRONMENTAL COMMISSION Recommendation: Delegate responsibility for appointing a representative to the seat on this commission reserved for a Hennepin County Board member or designee to the County Administrator. Comments: A staff person from the Environmental Management Division was recently appointed to an indefinite term on the Commission by the County Board. Other Findings and Recommendations Many of the obligations of County Board members to serve on boards arise from the creation of joint powers agreements with other governmental bodies. The membership requirements written into joint powers agreements are binding on the County Board. It is recommended that when joint powers agreements are being developed, the County Administrator review the proposed structures and make recommendations as to how to minimize County commissioner obligations to serve on boards. There is currently no centralized management function with regard to Hennepin County boards and commissions. The Board has recently adopted a revised Open App. ointments Policy which would organize all the appointment activities into a system, and would provide for extensive'recruitment and applicant tracking activities. It is recommended that all responsibilities related to the management of information and the implementation of administrative and Board policies with regard to boards and committees, as well as the process of appointing persons to boards and committees, be centralized, with one responsible person in charge. Governmental entities and other public or pdvate sector entities which are creating boards and committees often include Hennepin County Board members in the membership structures, it is recommended that the Hennepin County Board adopt this policy: governmental or other public or private entities wanting to include the Hennepin County Board in committee structures 11 OPEN APPOINTMENTS FOR VOLUNTEER SERVICE January 1995 Hennepin County Open Appointment~ C2erk of the County Board Telephon~ 348.54~ or 348-3257 l~ac~mil~: (612) 348-8701 Hennepin County is seeking applications for volunteer service on county committees, task forces and boards. By tapping into the diversity of the community, the County Board of Commissioners seeks to promote citizen involvement in community issues. Current vacancies are listed in this booklet. For more information about open appointments contact the county Clerk's Office. Children's Mental Health Advisory Council The council m,,'iews, evaluates and makes recommendations regarding the local Children's Mental Health System. Council members' responsibilities include attending Advisory Council meetings and participating in other council activities, as well as reviewing the biennial Childx~n's Mental Health The council is comprised of 20 to 25 members: At least one individual who was in a mental health pro- gram as a child or adolescent, at least one parent of a child or adolescent with severe emotional distur- bance, one children's mental health professional, one family community support services program rap- resentative, a r~lm~sentative of the children's mental health local coordinating council and repres~ta-. rives of minority populations of significant size residing in the county, council members must live in Hennepin County. Meetings: At least once quarterly, however, monthly meetings may be held. Location of meetings may vary and are determine by council members Term: Thr~ years contact: Dick Merwin, 348-3547, or Laurie Kaye, 348-3260, Children and Family Services; or Tun Moriarty, Hennepin County Children's Mental Health Advisory Council, 323-0472. Community Health Services Advisory Committee The committee advises, consults with and makes recommendations to the Hennepin County Board sit- ting as the Community Health Board on developing, maintaining, funding and evaluating community health services. The committee also advises' 42 municipalities directly served by Hennepin County Government on community health programs and policies. The 17-member council inclu~,es: · one Hennepin County Commissioner (chair of the County Board Health Committee), three local offi- ci~ or municipal r~,presenmtiv= one from Minneapolis, one from Bloomington, Edina and Richfield ~ one f~om other ~uburban municipalities. · four health provide~ one private physician nominated by the Hermepin County Medical Society, one public physician nominated by the Hennepin County .Medical Center, one licensed nurse nominated by the Third District Minnesota Nurses' Association and one representative of a provider organization (e.g. hospital, professional association, home care agency). · five consume~ two from Minneapolis and throe from the suburban area. · three ~-lmesentatives from community organizations--one from the Metropolitan V'miting Nurse Association and two from organizations like voluntary health agencies, diversity culture organizations, ~dvoc~'y groups, United Way, schools, social services or civic groups. Ik, fmitions: According to state rules relating to the Children Health Services Act, "consumer' is a per- ~on who is not a licensed or crt, dentialed health pro~essional or the spouse of such person, a person who does not hav~ a material financial interest in the provision of professional health services, and a person who is not directly related to health services planning and development, except as a consumer of health- "Local government officials" means members of a board of county commissioners or a city council, or a township board, or a school board or other such officials who have responsibility for making decisions concerning health and ~lated human services, or an individual f-mm a municipality nominated by the "Provider' means any individual who is a licensed or credentialecl health professional, an employee or ~.,presentative of a licensed or certified health care institution or agency, health care insurer, or health pmf__~_ional school, or a person with a material financial interest in the provision of health services. Meetings: At least three times a year and at the call of the chair or a majority of the members. The corn- mittee generally meets once a month or every two months. Meetings are held at the Health Services Building, $25 Portland Avenue South, Minneapolis, Minn., room 111 or 112. Term: Two years. No member shall serve more than three consecutive terms. Contact: Monica Sausen, Hennepin Community Health, 348-3906. County Extension Committee ('Minnesota Extension Service-Hennepin County) The committee disseminates useful and practical information on agriculture and home economics. The Minnesota Extension Service is administered by the University of Minnesota and operates through a ~ramework of local, state and national governments. Then.' are 91 county extension offices. Committee members prepa~ the budget and make recommendations to the County Board on the ·mount of county funds needed to support extension work; hire extension agents, help formulate the county extension staff's work plan and encourage residents and orgavi~,~tions to use extension The committee is comprised of nine members: Chair of the Hennepin County Board, a commissioner selected by the board, the county auditor, and six members appointed at large by the Hermepin County Board. Members represent a cross-section of Hennepin County residents. Meetings: Six to eight per year. Meetings begin at 9:15 a.m. and l~st about three hours. Spedal meet- ings are called to interview new agents for hire. Committee members also attend extension activities, such as 4-H Achievement Night, Home Council Kick-off. Meetings are held in the County Extension Services Building, 1525 Glenwood Ave., Minneapolis, Minn. Terms: Members appointed at-large by the board serve ~year terms, with two members appointed each year. Contact~: Pat O'Connor, Hennepin county, 348-4084; Barbara 'l'nell, ~r, County Extension Service, 1~25 Glenwood Ave., Minneapolis, Minn., 374-8400. Hennepin Training and Employment Assistance Private Industry Council The United States Department of Imbor requires each Jobs Training Parmership Act Service Delivery Area to appoint a Private Industry Council representative of the geographic area to be served. Hennepin county's council develops and studies programs to provide employment opportunities for unemployed people who live in suburban Hennepin County. Other responsibilities include analyzing the needs for employment, training and related services, as well as making recommendations on pro- gram plans, goals and policies and procedures. The council reports all findings and recommendations to the Hermepin County Board of commissioners. 'the council consists of 23 members representing: business (12), community-based organizations (2), organized labor (2), educational agencies (2), and one representative each from the Chamber of Commerce, the State Depmhi~ent of Economic Security, Economic Development, Rehabilitation Agencies and Public Assistance agencies. Appointments: Individuals interested in serving on the council must submit a letter of application, t~-mne avxi a written nomination or letter of recommendation from an organization related to their ~ of ~vl~esentation- operating officers of nongovernmental employe~ or other private ..s~--tor exes., t~ves ~ mar~;ment or policy responsibility. Private sector representatives must De non-anateo Dy purpose business organization, such as a Chamber of Commerce. · Representatives of the education sector must be nominated by a local educational agency, vocational education institutions, institutions of higher education or general organizations of such agencies or insti- tufions; and/or private and proprietary schools or general organizations of such schools with/n the · Representatives of labor must be recommended by recognized state and local labor organizations or appropriate building trade councils. ' · Representatives of remaining categories must be reconunended by interested orgard:,ations. ' Meetinl~ The first Tuesday of the month, noon to 1'30 p.m. at the Hennepin County Government Term: ~ years. Members, it interest~l, may be appointed to serve an additional two-year term. Contact: Patty Susick, 3488280, or Bill Brumfield, 348-5203, Hennepin County Training Employment Hennepin County Library Board The Lforary Board is responsible for policy and lel~slative reconunendations relating to the Hennepin County Library Sy~lmn and peffo~ such duties as delegated by the Hennepin County Board. Other ~ities include d~i~ u~xing the content of the library system collections, preparing and admin- istering the annual budget, authorizing the operating prolparn and expenses, operating and managing all library real and personal property, managing the library gill and trust ~unds and appointing a mem- ber to the Metropolitan la'b~ary Service A~ncy Board of Trustees. The board is comprised of seven members who reside in Hennepin County outside the Minneapolis city Meetings: The board meets the fourth Thursday of the month. Meetings last approximately two hours. Board members meet in special committees and atMnd various meetings throughout Hennepin County. Members may spend ~our to six hours a month on h'brary activities. Meetings ~erally start at 4 p.m. and may be held at various libraries. Compensation: $50 per board or official committee meeting, with a maximum of $100 per month. Parking and other expenses are also paid. Terms: Three years. Mental Commitment Attorney Panel Advisory Board The Advisory Board oversees the establishment and operation of the panel of attorneys that provides legal ~q~resenmtion for individuals petitioned for mental commitment. Its five members include one attorney recommended by the Hennepin County Bar Association, two mernbe~ recommended by men- iai health advisory ~oups and two citizens (one should be an attorney). ~'bilities include ~riewing the selection criteria for panel members; recommending revisions to the process, if appropriate consulting with the Probate court on selection criteria, monitoring the over- an effectiveness of the attorney panel, and submitting annual budget recommendations and statistical Meetings: The board meets at least annually to review activities of the Attorney Panel and to appoint panel members. Additional meetings are convened as needed. Meetings are held at the Bar Association offices, 514 Nicollet Mall, third floor, iViinneapolis, MN. Terms: Two yea~. Contact: Wanda Alexander, Hennepin county Adult Services, 348-7696, or Duane 5~anley, Commitment Dekmse Project, 514 Nicollet Mall #350, Minneapolis, kiN, 55402-1021, Telephone, 339-9813. Personnel Board The Personnel Board establishes rules for ~,l~ified service subject to approval by the Hennepin County Board; provides a compensation plan for County Board approval for county employee~ not repr~ented by an exclusive bargaining unit; investigates concerns regarding the Personnel Act or the Personnel Rules; hear~ and decides appeals within its jurisdiction and makes an annual report to the County Board On Personnel Depa~ ~,~ent.ac~ivifies. The board is comprised of sev~n individuals appointed by the County Board. The Personnel Act, lmws of Minnesota, 1986, Ompter 38.3B.28, Subd.2, provides that '(ir) No person shall be appointed or be a member of the board while holding any public office or having filed as a candidate for any office. (g) No person shall be appoinl~l or be a member of the board while holding or within one )mar of holding employment with Hennepin County or a pos/tion in a political par~, except as a political party delegate. Meetings: Once a month. For the last two years the board has met an average of twice a month, usually on 'lhesday or Thursday. Meetings are hdd from 2'.30 to 4'.30 pan. in the Hennepin County Goverranent Center on the fourth floor in the Human Resources Testing Room. Compensatiorc :S50 per meeting and ~or personnel activ/ties as authorized by the board. Terms: r-our years (terms are staggemcl) Contact: Michael Bastyr, Hennepin County Re~urc~ and Employee Relations, 348-9121. Suburban Hennepin Regional Park District The purpose of the park district board is to acquire, develop and maintain large parks, wild life sanctu- ~-'ies, freest and other reservations and means for public ac~ to historic sites, lakes, rivers and stnmms and to other natural phenomena. The board is comprised of seven commissioners, five are elected from five districts in Hennepin County outside the city of Minneapolis, and two commissioners are appointed by the Hennepin County Board. Commissioners may not hold other public office and may not hold an interest, directly or indirectly in any contract entered into by the districts. Meetings: F~rst and third Thursdays of each month beginning at 5:00 p.m. Meetings are held at the Clifton French Regional Headquarters, 12615 County Road 9. Plymouth, MN. Compensation: $35 per ~g with a maximum of $70 in each month. Parking and other such Contact: Janet Leick, Hermepin County, 348-6445 or Douglas Bryant, superintendent, 559-9000. OPEN APPOINTMENTS PROCESS Q&A A2400 Government Center SIX) South Sixth Sm~et Minneapolis, MN 5S487-2400 Telephone: 348-5433 or 34g-3257 l~acsimil~ (612) 348-8701 What are open appointments? Open appointments are volunteer service positions to boards, commissions, advisory councils and special task forces. The Hennepin County Board of Commissioners as a whole appoints individuals to these positions. Open appointments appointees advise the commissioners on issues and programs and help set policy. What is the purpose of open appointments? The purpose of the open appointments process is to promote citizen involvement through volunteer service. The process allows Hennepin County Commissioners an opportunity to tap into and select from the broad base of talent, diversity, knowledge and skills of its dtizens to benefit county government. The process offers all interest- ed citizens an opportunity to be considered for appointments. What is the process? The county clerk administers the process of announcing vacancies to the public, accepting applications, referring applications to the County Board and notifying appointees. The open appointment process is how the public is informed of and app- pointed to openings on various county boards, commissions and spedal task forces. Who may apply for open appointments positions? Hennepin County residents who meet the requirements of the open appointments positions for which they are applying. 9_94 How do I apply? For an application, call or send a letter stating your interest to the County Clerk's Office. Letters should be sent to: County Clerk's Office, A2400 Government Center, 300 South Sixth Street, Minneapolis, lvfN 55487-2400, telephone, 348-5433 or 348-3257. How do I find out more about the various boards, committees and councils? Contact the County Clerk's Office, 348-5433 or 348-3257. Do committee members, once appointed, receive a ~lary? These are volunteer positions. Some boards and committes pay small amounts for attending meetings and conducting authorized activities, however, some have no com- pensation. In general, expenses incurred in the course of committee service, subject to all applicable laws, rules and regulations, will be re_imbursed by the County. How many committees are there? The membership of more than 16 county boards, councils, committees and task forces__ are selected through the open appointmenst process. These groups deal with a variety of issues and topics of concern to the County. Can a committee member be reappointed? Members can be reappointed, unless prohibited by law, subject to the Hennepin County Board policy on term limits. The reappointment process is the same as for new. For more information contact the County Clerk's Office, 348-5433. 9.94 cO~een Appointments rk of the County Board A2400 Government Center 300 South Sixth Street Minneapolis, MN 55487-2400 HENNEPIN COUNTY OPEN APPOINTMENTS APPLICATION Applicant Nnme: Name) (Last Name) (Su~) (Apt. #) Add,v. ss: ((~) (sram) (z~ co~) (Street) (Apt. #) (City) (State) (zip Code) (C. ount~) Residence Phone: Business Phone: Facsimile N-ml:~r: Occupation: Please send my mail to: Residence Business Please check all that apply: I am a Hcnnepin Counu employee I have a conu'ac~ with Hcnnepin County or work for a Hcnncpin Coun~ vendor PLEASE ATI'ACH A L~ OF QUALIFICATIONS OR RESUME STATISTICAL INFORMATION inforr, nfion on da~ of birth, gender and mce/eflmic group is optional and is sought solely for the purpose statistical repons w the Hcnnepin Count~ Board of Commissioners on the Open Appoinunen~s Gender Race~Etlmic Group Female Male American Indian or A!n-~knn Native Caucasian __ H~anic How did you learn about Hennepin County's open appointments? Daily newspape~ Community newspaper Word of mouth Communky group or org~!~rlon Cable TV, Channel 6 ~,on§ntmd on bac~ Please list below the name of the advisory board(s) or committe~(s) for which you ar~ applying: of the information on this application is private. However, some is public, including your name, educa- training background, and city and county of residence. To the best of my knowledge, I satisfy the r~quir=aents for the position sought. (Appticant sqman~) Mail, fax or submit in person this completed application to: Clerk of thc County Board A2400, Governmeat C~nte~ 300 South Sixth Street Minneapolis, lVfN 55487-2400 Telephone:(612) 348-5433 or 348-3237 Fax (612) 348-8701 On ~eipt of this appUcation, the Clerk of the County Board's office will send you a detailed description of the boa~ or c. ornm~ttee for which you a_~ applying. Bmnegin Cmmt~ does not di.,,ah,,iaata on ~ ~N of~ ~, ~ ~ age, ~, ~, ~ s,.n,~, ~ ~~ ~ ~ ~ ~o~ R~ ~ A~ ~~ Cm~, ~~, MN 5~~, (6~2) ~6 ~ ~D (612) ~-3~0. ,, ~ % R~c~ P~ BOARD MEMBERS William A. Johnstone Chair, Minnetonka Douglas E. Babcock Vice Chair, Spring Park Joseph Zwak Secretary, Greenwood Robert Rascop Treasurer, Shorewood Mike Bloom Minnetonka Beach Al'bert (Bert) Foster Deephaven James N. Grathwol Excelsior Duane Markus Wayzata Ross McGlasson Tonka Bay Craig Mollet Victoria Eugene Partyka Minnetrista Tom Reese Mound Herb J. Suerth Woodland 60% Rt}cycled Content 30% Post Consumer Waste RECEIVED LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 · TELEPHONE 612/473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR December 9, 1994 Mr. John Boyer Boyer Building Corporation 18283A Minnetonka Boulevard Wayzata, MN 55391 Dear Mr. Boyer, We are pleased to confirm the LMCD board action taken October 26, 1994, approving the Boyer Building Corporation Pelican Point new multiple dock license in Spring Park Bay, City of Mound. Minutes of the October 26, 1994 board action were approved at the board's regular December 7, 1994 meeting in which the board action to approve this license was reported. This license was approved subject to the adoption of an Ordinance to Establish a Special Rule for Continuous Shoreline of Dock Use Areas in Close Proximity and the following six conditions: 1) An LMCD-prepared Environmental Assessment Worksheet (EAW) will not be required. 2) Water depths for each boat storage unit (slip) are on file as part of the application. 3) The number of docks installed cannot exceed the number of building permits issued. 4) LMCD legal counsel and board will review and approve the association's covenants. 5) Review and approval of a lighting plan. 6) Future shallow water relief for boat slips to be granted by moving slips to the south instead of out beyond 100 feet. The ordinance referenced above, copy enclosed as amended in committee and approved by the board, passed its second reading at the December 7, 1994 board meeting. In a subsequent clarification with the Mound city manager, it was learned that one city building permit will be issued for this development. The third condition above presumes building permits for each townhome structure will be issued. In lieu of the building permit being issued for each townhome, it will be recommended to the board that the number of docks installed do not exceed the number of LAKE MINNETONKA CONSERVATION DISTRICT BOYER BUILDING CORPORATION, PELICAN POINT, 12/9/94 Page 2 townhome structures under construction based upon building foundations being in place. This action could be taken by the LMCD board at its January 25, 1995 meeting. It would also be at this meeting when the third reading of the ordinance could be completed and the ordinance adopted. The other significant requirement is for the association's covenants to be presented for review by the LMCD counsel and approved by the board, as referenced in condition four above. Please provide this information at the earliest date. Your letter of December 5, 1994, to ceil Straus, MN DNR, states that "in low water situations, docks may be located on the north side of the point. We trust you meant the south side of the point as referenced in condition six above. One remaining LMCD administrative responsibility is to add up the administrative and legal expenses, compared to the $500 base license fee provided on this new dock license. Such costs in excess of the $500 license fee are to be reimbursed to the LMCD. We look forward to: 1) receiving the association covenants, completing the ordinance adoption, 3) resolving condition four. 4) Receiving water depths for each slip 5) Dock lighting plan Please advise if there are any questions concerning the completion of your new multiple dock license. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT Eugene R. Strommen Executive Director Enclosure: Dock Plan A Draft Ordinance cc: Ceil Straus, MN DNR Ed Shukle, City of Hound LAKE MINNETON~ CONSERVATION DISTRICT ORDINANCE NO. AN ORDINANCE RELATING TO SHORELINE REQUIREMENTS AND CALCULATION OF BOAT STORAGE DENSITY ON LAKE MINNETONKA; AMENDING LMCD CODE SECTION 2.02 BY ADDING SUBDIVISION 5 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, Section 2.02 is amended by adding new subdivision 5 as follows: Subd. 5. Special Rule for Non-Continuous Shoreline of Dock Use Areas in Close Proximity. The Board may .authorize shoreline from one or more sites (the "transferor sites") to be counted as part of another site (the "transferee site") for the purpose of computing permissible boat storage density. Applications for permission to transfer boat storage density shall be made in accordance with the procedures set forth in section 2.03 and shah be processed as a part of the applicant's multiple or commercial dock license application. Criteria to be considered by the Board in evaluating whether to approve such application shall include all criteria set forth in Section 2.03, subd. 3a). No such permission to transfer boat storage density sba]! be granted by the Board unless the following additional conditions are met: a) The dock use areas of each transferor site and the transferee site may be no more than 150 feet apart. b) The credit for boat storage density transferred from any transferor site may not exceed one restricted watercraft for each 100 feet of shoreline of the transferor site (with fractional watercraft counted in accordance with subdivision 1). c) The total boat storage at the transferee site may not exceed one restricted watercraft for each 35 feet of shoreline of the transferee site (with fractional watercraft counted in accordance with subdivision 1). d) f) No variances, other than temporary low water variances, may be granted for construction of docks at the transferee site. As long as the transferee site is used for the storage of more restricted watercraft than this Code would allow without the transfer of boat storage density under this subdivision: i) the transferor sites and the transferee site must be in common ownership; WITH NO P. ESTRICTIVE COVENANTS, and C2J~76705 fi) ~) no docks or boat storage is .pernmitted on the transferor ~ites; and the transferor sites must be maintained in essentiaLly'a natural state and may not be used for residential dwelling units or commercial uses. This ordinance is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board tkis day of , 1994. William Johnstone, Ch~ir ATTEST: Douglas E. Babcock, Secretary CLL7670§ MINUTES - MOUND CITY COUNCIL - DECEMBER 13, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 13, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson City Planner Mark Koegler, Building Official Jon Sutherland, -~innnc~. nirect,-r r'.~ne ~::::..".n.-e, US!~ty gUlX:dn[,~::~t Gr~g Rklnn,.r and the ~n, The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by J~~, seconded by O~d~to approve the Minutes of the November 22, 1994, Regular Meeting and the November 29, 1994, Truth in Taxation/Budget Hearing, as submitted. The vote was unanimously in favor. Motion carried. 1.1 CASE g94-73: HENNEPIN COUNTY (DENIS BAH~EY), 4977 WILSHIRE BLVD., (VACANT LOT), LOT 8, BLOCK 18, WYCHWOOD, PID g24-117-24 14 0068, VARIANCE FOR FENCE HEIGHT. 1.2 Councilmember ~/~moved RESOLUTION APPROVING THE 1995 FINAL GENERAL FUND BUDGET IN TItE AMOUNT OF $2,418,0301 SETTING THE LEVY AT $1,808,1301 IJF~S THE HOMESTEAD AGRICULTURAL CREDIT 0tACA) OF $499,460, RF~$ULTING IN A VINAL CERTIFIED LEVY OF $1,308,6701 APPROVING THE OVERALIJ BUDGET FOR 1995. and Councilmembe;~~onded the following resolution: RESOLUTION//94- RESOLUTION APPROVING THE 1995 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $2,418,030; SETTING THE LEVY AT $1,808,130; LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $499,460, RESULTING IN A FINAL CERTIFIED LEVY OF $1,308,670; APPROVING THE OVERALL BUDGET FOR 1995 The vote was unanimously in favor. Motion carried. 1.3 APPROVAL OF AN ORDINANCE AMENDING SECTION 540:00, SUBD. 3 OF THE CITY CODE RELATING TO SEWER RATF-q; AND AME~ING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE RELATING TO WATER RATES. moved~a~ --and~ $ ~ollowing: ORDINANCE #72-1994 AN'ORDINANCE AMENDING SECTION 540:00, SUBD. 3 OF THE CITY CODE RELATING TO SEWER RATES; AND AMENDING SECTION 540:00, SUBD. 13, a. & b. OF THE CITY CODE RELATING TO WATER RATES The vote .was unammously in fi or. Motion carried. COMMENTS & SUGGE.qTIONS FROM CITIZENS PRF-.qENT. There were none. 1.4 AP~ PAYMENT__iZ~i~oWN-~I~#$ AND CHANGE ORDER #1 TO SCHLUMBERGER~']~~_~ ~ THE AMOUNT OF $73,205.59 - WATER METER READ..IN~ PROJECT. 1.5 REOUEST FOR TEMPORARY ON-SALE NONINTOXICATING MALT LIQUOR PERMIT FROM NORTHWEST TONKA LIONS FOR WINTERFEST - MOUND BAY PARK - JANUARY 13, 14 & 15, 1995. "'"'""-- C~ ...- . 1.6 APPROVAL OF AN ORDINANCE AME~ING SECTION 520 OF THE CITY CODE REI.ATING TO THE FEE SCHEDULE FOR PROCESSING FIRE SUPPRESSION PERMITS. ~moved an~seconded the following: ORDINANCE #73-1994 AN ORDINANCE AME~ING SECTION 520 OF THE CITY CODE RELATING TO 'THE FEE SCHEDULE FOR PROCESSING FIRE SUPPRF~SION PERMITS The vote was unanimously in favor. Motion carried. 1.7 MOTION made by, seconded b orize the payment of bills as presented on the pre-list in the amount of $, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for November 1994. B. Tom Reese, LMCD Representative, indicated that the LMCD did not meet in November and, therefore, has no monthly report. C. LMCD Mailings. D. Councilmember Jensen had asked the Finance Director, Gino Businaro, to find out the breakdown of the special districts tax categories pursuant to the Truth in Taxation Hearing. Enclosed is that breakdown assuming a $100,000 residential property in the City of Mound. E. Memo from Len Harrell, Police Chief, to Officer Troy Denneson, regarding his recent involvement in the delivery of a baby along with Dan Grady of the Mound Fire Department. F. Hennepin County has sent out a list Of member-at-large appointments to the County's various boards and commissions. Also included are announcements for terms expiring 12/31/94. REMINDERS: Annual Christmas Party, Friday, December 9, 1994, American Legion. Christmas Holidays are 1/2 day on December 23, (noon closing) and all day December 26. - No City Council Meeting December 27, 1994. - New year's Holidays are 1/2 day, on December 30 (noon closing) and all day January 2. ,,~ DAKOTA RAIL LITIGATION ...... ~~'~ $' t~~) '"/"' -'