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1997-06-24AGENDA MOUND CITY COUNCIL TUESDAY, JUNE 24, 1997, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda; All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in nonnal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. 2. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. 3. PRESENTATION OF CERTIFICATE OF RECOGNITION TO MOUND WESTONKA-~!~L-,~..~mli~.t,~.~.~M. (THIS SHOULD BE DONE 2286 WHEN TEAM ARRIVES AT ABO~'~If~i~3'I~-M.) ....................... PAGE CONSENT AGENDA: *A. APPROVE THE MINUTES OF THE JUNE 10, 1997 REGULAR 2287-2293 MEETING ......................................... *B. APPROVE THE MINUTES OF THE JUNE 17, 1997 COMMITTEE OF ................................ 2294-2298 THE WHOLE MEETING *C. CASE___~97-21: VARIANCE FOR DECK, JIM & SUE O'HEARN, 1786 SHOREWOOD LANE, LOT 7 & 8 P/8, BLOCK 3, SHADYWOOD POINT, PID #13-117-24 11 0005 ................................. 2299-2310 *D. CASE 97-22: VARIANCE FOR SHED, DOUGLAS EASTHOUSE, 3042 ISLAND VIEW DRIVE, LOTS 50-51, PHELPS ISLAND PARK 1sr DIV., PID #19-117-23 34 0075 ................................. 2311-2334 *E. CASE_ 97-23: VARIANCE FOR DECK, KENNETH & CAROL GRABOW, 1732 CANARY LANE, LOT 10, 11, 12, BLOCK 11 DREAMWOOD, PID #13-117-24 24 0015 ................. ' ................ 2335-2353 *F. PAYMENT OF BILLS .................... 2354-2365 2284 o o o 10. 11. 12. FRONT YARD VARIANCE REQUEST AND RESOLUTION MODIFICATION, CALIBER BUILDERS, FRED JOHNSON, 5100 DRUMMOND ROAD, TEAL POINTE, LOT 3, BLOCK 1, PID #25-117-24 12 0233 .................................................. 2366-2405 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. RECOMMENDATION FROM PARK AND OPEN SPACE COMMISSION RE: REQUEST TO SELL CONCESSIONS AT MOUND BAY PARK DEPOT, WESTONKA HELPING YOUTH (WHY) .............................. 2406 DISCUSSION: PROPOSED ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF THE CITY CODE RELATING TO RECREATIONAL FIRES ................................................. 2407-2413 PROPOSED AGREEMENT WITH THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) REGARDING "RULE B" ISSUES .................. 2414-2422 RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPOR- TATION (MNDOT), MUNICIPAL STATE AID (MSA) OFFICE, TO ADVANCE $500,000 IN FUTURE ALLOTMENTS OF MSA FUNDS FOR AUDITOR'S ROAD IMPROVEMENT PROJECT ................................. 2423 DISCUSSION: PROPOSED IMPROVEMENTS TO SHERWOOD DRIVE/BIDS RECEIVED ............................................. 2424-2426 INFORMATION/MISCELLANEOUS: Ao FINANCIAL REPORT FOR MAY 1997 AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR ......................... 2427-2428 B. PARK AND OPEN SPACE COMMISSION MINUTES OF JUNE 12, 1997 2429-2436 Co 1997 LAW SUMMARY OF THE MINNESOTA LEGISLATIVE SESSION AS PREPARED BY THE LEAGUE OF MINNESOTA CITIES (LMC) .... 2437-2477 D. LMCD MAILING ..................................... 2478-2480 E. PLANNING COMMISSION MINUTES OF JUNE 9, 1997 ............ 2481-2503 2285 CERTIFICATE OF RECOGNITION It gives me a great deal of pleasure to express to all the members of the MOUND WESTONKA GIRLS SOFTBALL TEAM, on behalf of the City Council and all the citizens of Mound, our sincere congratulations on your first place finish in the Minnesota State Girls Softball Tournament. This has been an exciting, hard-fought, and successful softball season, and we are proud of the record you have earned and the fine publicity you have brought to our community by your inspired team play. Special commendation is due all team members and their coaches. We are pleased to publicly commend the MOUND WESTONKA GIRLS SOFTBALL TEAM for your fine efforts, and to extend this token of the affection and admiration with which you are regarded in this City. IN WITNESS WHEREOF, We do hereby set our hands, and cause the corporate Seal of the City of Mound to be affixed this 24th day of June 1997. Mayor Bob Polston Councilmember Andrea Ahrens Councilmember Mark Hanus Councihnember Liz Jensen Councilmember Leah Weycker Mound City Council Minutes - June I0, 1997 MINUTES - MOUND CITY COUNCIL - JUNE 10, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 10, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Mark Hanus, Liz Jensen and Leah Weycker. Councilmember Andrea Ahrens was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Bruce Chamberlain, City Engineer John Cameron and City Clerk Fran Clark; and the following interested citizens: Mark Thiede, Dorothy & Bill Netka, Gail Severtson, and Ronald Fenney. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was r~ited. o *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councib~ember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in non~Tal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. The Mayor congratulated the Mound Westonka High School Girls Softball Team on their winning of the State Championship. He then stated he would like to invite the Mound Westonka High School Girls Softball Team to the next City Council Meeting and present them with a Certificate of Recognition. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. The City Manager stated that he has two add-on items for the Regular Agenda as follows: 10. RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC GEOGRAPHICAL DIGITIZED DATA BASE AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT 11. RESOLUTION TO REGULATE AND LIMIT LAWN SPRINKLING. Councilmember Jensen asked that Item C (the Transient Merchant License) on the Consent Agenda be pulled for discussion. *CONSENT AGENDA: MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda, removing Item C, as presented. The vote was unanimously in favor. Motion carried. *A. It ~ k i, ,m ,~tt i ,~ I, ~ lit Moumt City Council Minutes - June 10, 1997 APPROVE THE MINUTES OF THE MAY 27, 1997 REGULAR MEETING. 1.0 MOTION Hanus, Weycker, unanimously. *B. RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL GAMBLING PERMIT APPLICATION FOR AMERICAN LEGION POST//398. RESOLUTION//97-55 RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL GAMBLING PERMIT APPLICATION FOR AMERICAN LEGION POST//398 Hanus, Weycker, unanimously. *D. PAYMENT OF BILLS MOTION Hanus, Weycker, unanimously. 1.1 TREE REMOVAL LICENSE AND VEGETABLE STAND APPROVALS Councilmember Jensen asked about the vegetable stand that is proposed for the corner of County Road 110 and Lynwood Blvd. as it relates to the Central Business District (CBD) parking program. This is a CBD leased parking lot and she wanted to know how this is handled in the CBD program for the leased parking spaces that this vegetable stand uses and the owner of the property leases to the city for parking. The Council wants to make sure that the owner of the lot is not being paid for these spaces when they are not usable for 2 months. The Council asked that this be looked at to see how it is being handled. The City Manager stated he will research this and come back to the Council with an answer. MOTION made by Je[tsen, seconded by Hanus to approve the following licenses: TREE REMOVAL LICENSE for B & J Tree Care TRANSIENT MERCHANT LICENSE for Untiedt Vegetable Farm The vote was unanimously in favor. Motion carried. 1.2 CONTINUED PUBLIC HEARING: CASE 97-08: CONDITIONAL USE PERMIT - PUBLIC AND PRIVATE SCHOOLS AND ADMINISTRATIVE OFFICES, WESTONKA PUBLIC SCHOOLS (lSD//277) AT SHIRLEY HILLS ELEMENTARY SCHOOL. The City Manager suggested that this Public Hearing should be continued to a date certain because of the current study that is underway by the joint Committee of the School District and the Cities. This study should be done by the end of June and the report should be ready by around that time. He suggested that this hearing be continued to the first or second meeting in July. The Council discussed the 60 day rule. The Attorney stated that since the School District request was at the last meeting and the revised materials were submitted well within the 60 day period, there should not be a problem. Mourn1 City Council Minutes - June 10, 1997 MOTION made by Jensen, seconded by Hanus to continue this public hearing to the July 22, 1997, City Council Meeting. The vote was unanimously in favor. Motion carried. MOTION made by Weycker, seconded by Hanus to notify the School District that this matter does continue to be on hold until the Task Force completes its charge. The vote was unanimously in favor. Motion carried. 1.3 PUBLIC HEARING: S.P. 145-080-01 AND S.P. 145-090-01, THE LOST LAKE CANAL REHABILITATION PROJECT AND THE LOST LAKE GREENWAY PROJECT, FEDERAL ENVIRONMENTAL ASSESSMENT City Planner, Bruce Chamberlain advised the Council that this portion of the meeting will be reported verbatim as required. Bruce Chamberlain: "This public hearing is the same process that we went through in November. What you are actually doing tonight is hosting a public hearing for the Federal Highway Administration for the Environmental Assessment on this project. The purpose of the public hearing, obviously, is to take comments and input from the public. There is no action or any statements that the Council needs to make. What we will do with the information that we gather tonight is create a verbatim transcript of it and then pass it along to the Federal Highway Administration for their review as part of the EA process. There is also an open time frame through the 25th of June which the public can provide written comment after tonight's meeting. That will also be incorporated into the public record as part of this project. If you have any questions, I would be happy to answer them." Councilmember Hanus: "Will we have to respond, issue by issue, to the written responses, just as we did the last time?" Bruce Chamberlain: "Correct, yes. If there are issues that come up that have not been addressed before, we'll provide some comment." Councilmember Hanus: "It's the same thing all over again." Bruce Chamberlain: "We'll just reference the past responses." Councilmember Hanus: "O.K." Councilmember Jensen: "Since we had this meeting once before, will the verbatims from that meeting become part of this packet as well?" Bruce Chamberlain: "They are also part of the record." Counciln~ember Jensen: "Thank you." Mayor Polst. on: "O.K. At this time, we'll open the public hearing on the Lost Lake Canal Rehabilitation Project and the Lost Lake Greenway Project for the Federal Environmental Assessment. Is there anyone here who wishes to address, or read into the record, or present written documentation to be entered into the record on this project, S.P. 145-080-01 and S.P. 145-090-017" 3 Mound City Council Minutes - June 10, 1997 Mayor Polston: "Is there anyone here who wishes to address the City Council on this Federal Project and the Lost Lake Canal and Rehabilitation Project?" Mayor Polston: "Hearing none, we will return the item to the City Council. Are there any other questions or comments or any documentation that members of the City Council would like to see entered into the record?" ~?ere was 11o resporI, se. Mayor Polston: "Then at this point, we'll close the public hearing. Is there some action that's needed by the Council?" Bruce Chamberlain: "No action." City Attorney John Dean: "I assume Mr. Chamberlain that the pages 2,098 through 2,239, which are part of the Agenda Packet for tonight, will be made a part of the record that is forwarded to the Federal Government in connection with this matter?" Bruce Chamberlaiu: "Yes, actually those pages are already a part of the public record." Mayor Polston: "Thank you, Bruce." Bruce Chamberlaiu: "Thank you. Councilmember Hanus: "Kind of feels like it's been done before." COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.4 UPDATE ON SUMP PUMP DISCONNECTION PROJECT The City Manager explained that this program has been underway for the past couple of months and it has not been easy to get property owners to comply with the new ordinance. Basically, the residents have to call for an appointment to get an inspection done. The inspections are being done by Visu-Sewer Clean and Seal. Mr. Fenney, from Visu Sewer is present tonight. The City has worked closely with Visu Sewer trying to make this easier for people to comply. The following has been done: o The City was split into 3 sections. Each section was sent informational packets, at different times. Section 1 was sent. We had minimal response to that. So we sent another letter. An ad was put in the Laker newspaper. There have been articles in the newspaper and City Newsletter. We are still having trouble getting people to make appointments. The program began in April with Section 1. We have performed nearly 700 inspections. There are approximately 1200 residences in that section. Mound City Council Minutes - June 10, 1997 The City Manager reported that we are not getting the response that we need from Section 1 to meet the compliance date of August 1. He suggested that because of this we may need to inform those residents who have not called to schedule an inspection or complied with this, that there is a fine, according to the ordinance ($100.00/month), that will be imposed upon them. He then reviewed his draft letter, which could be sent on or about June 16, to notify residents that the $100.00 fine would be imposed after August 1st. The letter explains why and gives them 5 days from receipt of the letter to call and make their appointment for an inspection. He further explained that in Section 2 similar problems have occurred. this Section on or about July 16th. Section 3 was just mailed last week and he suggested sending the letter 16th. He suggested sending this letter to to this section on or about August Ron Fenney, Visu-Sewer, reported that most of inspections they are doing are in compliance, but there are a lot of new pipes in place. He thought that there have been a number of disconnects. He further reported that just over 50% of Sections 1 and 2 have had inspections and complied. The Council expressed concern about sending out the draft letter threatening a fine for people who have not complied and had the inspection done. The Council discussed how they could softly address the issue and still gain compliance. The City Manager stated that the City is not trying to threaten people, but we have received a $40,000.00 grant from the Metropolitan Council for this program and under the terms of the agreement a physical inspection has to be performed. The City Engineer stated that all the sample programs that were looked at had a fine included and some were even higher than the $100.00 per month. The Council felt that more education of the public on the reasons why people should not have sump pumps discharging into the sanitary sewer needs to be done. The following reasons should be put in a shorter letter to residents as a reminder of the need for this inspection: 2. 3. 4. Savings in tax dollars for the cost of treating clear water. Give a number to call if residents have questions or would like additional information. There is a fine if they do not have the inspection, but we do not want to do that. These are not government employees. They are private contractors coming into your home and doing the inspections. Offer the option of signing an affidavit that they do not have a sump pump. The City Engineer stated this would have to be cleared through Metro to make sure it is acceptable. The City Attorney advised that the ordinance does not allow this and would have to be amended if this were included. The City Manager advised that this program is supposed to be completed in March of 1998. It is an 18 month program. After the inspections are completed, then Visu-Sewer has to go back and do the reinspections of the ones that have sump pumps to make sure they are plumbed properly. The inspections then have to be done every one, three and five years. After that we will be told if this is a grant or a loan. It is a grant if we have compliance. If we don't have compliance, we have to pay the $40,000.00 back to the Met Council. 1.5 ,-, ,a. I, ~, I, ,. lit Mound City Council Minutes - June 10, 1997 MOTION made by Weycker, seconded by Jensen directing staff to prepare a shorter, softer, reminder letter with the reasons listed above to be sent to the people who have not set up inspections. The City Engineer is to cheek on allowing an affidavit if people do not have a sump. The vote was unanimously in favor. Motion carried. APPOINTMENT TO MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) STORMWATER MANAGEMENT TASK FORCE The City Manager reviewed a letter from the Minnehaha Creek Watershed District, dated June 3, 1997, regarding a Stormwater Management Task Force to address concerns with Rule B. They are asking that we appoint a representative to this task force. The Mayor has agreed to be the representative. Hanus moved and Weycker seconded the following resolution: RESOLUTION #97-56 RESOLUTION APPOINTING MAYOR BOB POLSTON TO THE (MCWD) STORMWATER MANAGEMENT TASK FORCE The vote was unanimously in favor. Motion carried. 1.6 SELECTION OF ARCHITECTURAL FIRM TO PERFORM COST ESTIMATE REGARDINC RENOVATION OF EXISTING WESTONKA COMMUNITY CENTER The City Manager stated that previously the Council approved a contract with TSP/EOS to do an analysis of the existing Westonka Community Center and its possible renovation. He stated that report will be completed by tomorrow. The second portion of the project is to get a cost estimate from an architectural firm, who could utilize the report that is being prepared. He sent out 6 RFP's for this, one of which was TSP/EOS. He received a proposal from TSP/EOS and 1 from a cost estimator, which is a subcontractor for an architectural firm. TSP/EOS met the requirements in the RFP because they are an architectural firm and do have the ability to perform the cost estimate. The price is $2,700.00. The other company, Constructive Ideas, Inc. of St. Paul, did not meet the requirements of the RFP, but submitted a price of $10,980.00. The City Manager recommended the selection of TSP/EOS. MOTION made by Hanus, seconded by Jensen to select TSP/EOS to perform the cost estimate for the renovation of the Westonka Community Center. The vole was unanimously in favor. Motion carried. ADD-ON ITEMS 1.7 RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC GEOGRAPHICAL DIGITIZED DATA BASE AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT. The City Manager explained that Hennepin County has developed a proprietary geographical digitized data base which was designed and built to be used in conjunction with Ultimap, an authomated mapping facility software product. He did not have a price on the cost but the agreement will allow the City to have this available for our Staff, City Engineer and City Planner. We could develop a new zoning map, as well as other maps with this program. The Mayor he would like to see how this mapping works for facilities management for utilities. The Council would like to have a cost before entering into this agreement. No action was taken on this item. Mound City Council Minutes - June I0, 1997 1.8 RESOLUTION TO REGULATE AND LIMIT LAWN SPRINKLING The City Manager explained that the Public Works Superintendent has advised him that there is a potential for a water shortage. He has suggested regulating and limiting lawn sprinkling. He presented the proposed resolution. The Council discussed the limitations and asked that there be several exceptions: new sod or newly seeded areas and people who use lake water to sprinkle. They also asked that commercial properties be included. There will be a notice in the newspaper and door hangers will be made up. Polston moved and Hanus seconded the following resolution (with the exceptions noted above): RESOLUTION//97-57 RESOLUTION TO REGULATE AND LIMIT LAWN SPRINKLING The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: Department Head Monthly Reports for May 1997. LMCD Representative's Monthly Report for May 1997. Memorandum from Floyd Olson, Kennedy and Graven, regarding a question that was raised following the Council Meeting where discussion was held on multiple docks and their locations. Do Fo 1998 draft LMCD Budget. Preliminary Population and Household Estimate (April 1, 1996) for the City of Mound as prepared by the Metropolitan Council. REMINDER: Committee of the Whole Meeting, Tuesday, June 17, 1997, 7:30 p.m. REMINDER: Annual Fish Fry at Mound Fire Department, Saturday, June 7, 1997. H. REMINDER: Mound City Days, June 13-15, 1997. REMINDER: HRA Meeting 6/10/97, 7:00 P.m., City Hall. Joint Committee of the School District and Cities of Minnetrista and Mound Will Be Meeting at 7:00 P.m., Wednesday, June 11, 1997, Minnetrista City Hall. Letter from Curt Johnson, Metro Council Chair, regarding initiatives taken by the Metro Council in the Areas of Public Safety. MOTION made by Jensen, seconded by Hanus to adjourn at 9:15 P.M. The vote was unanimonsly in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES-COMMITTEE OF THE WHOLE-JUNE 17, 1997 The meeting was called to order at 7:30 p.m. Members Present: Mayor Bob Polston. Councilmembers: Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also Present: Don Twombly, Commercial Realty, Minneapolis representing Perry M. Platisha, President, Northern Hospitality, Inc., Brainerd, MN; Bruce Chamberlain, Economic Development Coordinator; Gino Businaro, Finance Director; John Cameron, City Engineer; and Ed Shukle, City Manager. Lost Lake Inn Ed Shukle, City Manager, introduced Don Twombly representing Northern Hospitality, Inc., regarding the proposed Lost Lake Inn. Mr. Twombly works with Northern Hospitality, Inc., who is a franchise holder of Country Suites by Carlson and Americlnn. Northern Hospitality is interested in locating a Country Suites by Carlson on the Lost Lake site. Mr. Twombly discussed Northem Hospitality's background and experience in operating these types of lodging facilities. He stated that typically Northern signs an exclusive rights agreement with the city to do a project like this. He further indicated that after the agreement is signed, feasibility and market studies are performed to see if the project is justifiable. He estimated that a feasibility study would cost around $50,000 and is typically shared between Northern and the city they are working with on the project. The consensus of the Council was to have Northern send to the City a copy of an exclusive rights agreement that Northern has used on another project. Upon receipt of that example, the City Council will discuss a possible agreement with Northern to pursue the Lost Lake Inn project. Central Business District (CBD) Parking Program Bruce Chamberlain, Economic Development Coordinator, presented a report on the CBD parking program. His report included some options to look at for parking in the downtown area into the future which could include more municipally owned parking in the form of a municipal ramp. The City Council discussed the report and what to do in the short term while the redevelopment of downtown is occurring. After several attempts to reach a short-term solution, it was the consensus to assess the CBD for the period beginning July 1, 1996 and ending June 30, 1997 in the same way as they were assessed for the period beginning July 1, 1995 and ending June 30, 1996. Beginning July 1, 1997 and ending June 30, 1998, the CBD will be assessed as follows: Parking providers (currently paid lease payments from the CBD program) will receive their credits paid to them by the City of Mound through its General Fund and not from the non- providers. Non-providers will only be responsible for paying their normal assessment for snowplowing services. As of 11:59 p.m., June 30, 1998, the CBD parking program will terminate and will no longer be in existence. In addition, current zoning requirements for parking will be Committee of the Whole Minutes June 17, 1997 Page 2 discontinued through an amendment to the zoning ordinance. City staff will schedule a meeting with CBD property owners and business owners to present this decision and will also discuss the long-term parking issues of the downtown area. A formal resolution will be adopted by the City Council regarding the above at an upcoming regular meeting. Lost Lake Improvement Project Update Bruce Chamberlain presented a brief report. Regarding the status of the project, it is moving forward but delays have occurred due to permitting issues. The DNR permit is under review and a letter of intent to proceed is forthcoming. Corps of Engineers permit is delayed due to flood conditions in the Red River Valley. MCWD permit is approved subject to certain conditions as previously stated. The schedule is that the dredge will be completed by this fall. Chamberlain and John Cameron, City Engineer have done some preliminary work on the plans. Disposal of dredge spoils is another issue unresolved since earlier plans have fallen through. It is estimated that 20,000 cubic yards of material needs to be hauled to a site yet to be determined. The subject of developers was discussed. Council consensus was to work with Laurent/Parks of Wayzata on building retail, office and housing along the new Auditor's Road. Auditor's Road Improvement Project Update Ed Shukle and John Cameron reported on the status of this project. Shukle and Cameron discussed the current status, traffic analysis, demolition plan for the various buildings and schedule. Cameron indicated that Hennepin County Department of Transportation has delayed approving the plans primarily because of the uncertainty of future traffic flow through this area and through the proposed relocation of County Road 15. Hence, a traffic consultant was hired by the City to do an analysis indicating traffic forecasts into the next century. This information will hopefully satisfy the County. Issues relating to Municipal State Aid (MSA) monies were also discussed. Currently, there is nearly $114,000 left in the City of Mound's construction account for the project. Under MSA rules, the City can request an advance on future allotments of MSA funds and would need to do this in order to proceed at this point in time. Cameron indicated that he will know exactly how much money there is available from MSA by next week so that the City can make application and continue to proceed with the project. Relocation of the Post Office was discussed. Staff asked the Council if they were comfortable with the Meisel site in downtown Mound for the new post office. The consensus was that they were comfortable and they directed staff to work with the Meisel's and the Postal Service on making this become a reality. Committee of the Whole Minutes Jtme 17, 1997 Page 3 Report from Meeting held with Minnehaha Creek Watershed District (MCWD) Ed Shukle reported on the results of a meeting held with MCWD last week pertaining to Rule B and a possible agreement relating to separate developers projects currently on hold or anticipated projects that may come about in the future. He indicated that John Dean, City Attorney will be drafting an agreement in cooperation with Louis Smith, attorney for MCWD that could be presented for approval at the June 24, 1997 regular meeting. Also discussed at the MCWD meeting was the issue of lighted buoys in the turnaround area of the Lost Lake canal. MCWD Stormwater Management Task Force Ed Shukle indicated that he had been contacted by the City of Minnetonka regarding a pre-meeting to the meeting of a newly established task force of the MCWD. Mayor Polston was asked to attend this pre-meeting since he is the appointed member to represent Mound on this task force. Steering Committee-MCWD Issues Ed Shukle reported that he had also been contacted by the City of Minnetonka regarding the need for a steering committee of cities within the MCWD to begin meeting to discuss administrative issues relating to management and financial issues of the MCWD. Shukle indicated his interest in serving on this steering committee and the City Council was in agreement that Shukle should serve. Stormwater Management Utility Fund Ed Shukle reviewed briefly with the Council sample ordinances from the cities of Shorewood, Robbinsdale and Richfield regarding a stormwater management utility. He asked them to review these ordinances and they could be discussed at a future COW meeting. Proposed Improvements to Veteran's Park Ed Shukle indicated that the proposed improvements had been reviewed with the Park and Open Space Commission at their last meeting. The POSC was in basic agreement with the improvements and agreed that staff should proceed in requesting contributions from the American Legion and VFW for the cost of the improvements. Kevin Sorbo Dedication Ed Shukle reported that staff and Mayor Polston had been meeting to prepare for this event which will be held on Saturday, August 23, 1997 from 10 a.m. until 12:00 Noon at Langdon Park which Committee of the Whole Minutes June 17, 1997 Page 4 will be renamed Sorbo Park. Shukle highlighted some of the activities planned and indicated that a neighborhood meeting was scheduled for Thursday, June 26, 1997, 7:30 p.m., City Hall to discuss the plans and any concerns that the neighborhood might have regarding this event. Review of Draft Sump Pump Letter Ed Shulde presented a draft ora letter pursuant to the Council's request. It was reviewed and some minor changes were suggested. This letter will be sent out to property owners in Section 1 who have not responded to previous mailings regarding sump pump inspections. Update on Joint Committee Activities Regarding Westonka Community_ Center Renovation. Ed Shukle reported on the latest activities of the committee. He stated that a cost estimate will be prepared and completed by next week. The next committee meeting is scheduled for July 1 at Mound City Hall. The cost estimate will be reviewed at that time and the committee will decide on how they wish to proceed. Shukle reported on other issues that the committee discussed at its last meeting including the need for a professional survey, referendum election, ownership issues, project manager, etc. Status of G-Will Liquors Application for Off-Sale Liquor Store in Spring Park Ed Shukle indicated that the application for a license is being reconsidered by the City Council of Spring Park. Rademacher Companies, which owns G-Will, provided some additional economic information to the Spring Park Council at a recent meeting. The Council approved a license subject to a number of conditions including a guarantee by G-Will that they will pay taxes on an estimated $800,000 valued property and should the value decrease below $800,000, G-will must guarantee the taxes by paying Spring Park the difference between $800,000 and whatever the value becomes. They also directed that a legal opinion be given by the City Attomey as to the validity of the motion and that the item would be back on the Council agenda once the opinion had been received. Other Business Councilmember Hanus brought up some issues from the Planning Commission. They were as follows: Truth in Zoning Tax Increment Financing CBD Parking The Planning Commission would like to pursue Truth in Zoning as a part of a Truth in Housing ordinance. The majority of the Council does not wish to pursue this matter. Committee of the Whole Minutes June 17, 1997 Page 5 The Planning Commission believes they should have more of a role in the discussions regarding the use of Tax Increment Financing as it pertains to downtown Mound. The Council asked Councilmember Hanus to ask the Planning Commission what role do they think they should be playing? The Planning Commission believes they should be involved in CBD parking discussions. Mayor Polston apologized and indicated that the matter probably should have been brought to the Planning Commission for input. It was noted that there will not be a Committee of the Whole Meeting in July and the next COW meeting is scheduled for Tuesday, August 19, 1997, 7:30 p.m. Upon motion by Weycker, seconded by Ahrens and carded unanimously, the meeting was adjourned at 11 '15 p.m. ctfi~lly submitted, Ed~ City Manager June 24, 1997 PROPOSED RESOLUTION//97- RESOLUTION TO APPROVE A FRONT YARD & SIDE YARD VARIANCE FOR A CONFORMING DECK AT 1786 SHOREWOOD LANE, LOT 8 & P/7 & 9, BLOCK 3, SHADYWOOD POINT, PID 13-117-24 11 0005, P & Z CASE//97-21 WHEREAS, the applicants, Jim and Sue O'Hearn, are seeking setback variances as described below, in order to construct a conforming deck addition, and; WHEREAS, the subject property is located within the R-iA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for lots of record, and a 15 foot rear yard setback, and; WHEREAS, the existing home sits within 14 feet of the front lot line and 5.8 feet of the north side lot line, this results in a setback variance of 6 feet to the front and .2 feet to the north side lot line respectively, and: WHEREAS, the proposed construction consists of an elevated deck that measures 19.6' x 8' and will tie into an existing deck and provide a stairway connection to the rear of the yard, and; WHEREAS, the existing non-conforming aspects will likely remain into the future and the proposed constructions conforms to all zoning requirements, and; WHEREAS, the proposed deck addition is conforming to the 50' setback to the lake and the existing shed is also conforming to setbacks. WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a front yard setback variance of 6 feet and a north side lot line variance of .2 feet to allow construction of a conforming 19.6' x 8' deck addition. Proposed Resolution June 24, 1997 1786 Shorewood Lane P. 2 The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: o This variance is granted for the following legally described property: Lot 8 & P/7 & 9, Block 3, Shadywood Point This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember, Councilmember. The following Councilmembers voted in the affirmative: and seconded by The following Councilmembers voted in the negative: Minutes - Mound Planning Commission June 9, 1997 BOARD OF APPEALS: CASE #97-21: VARIANCE FOR DECK, JIM & SUE O'HEARN, 1786 SHOREWOOD LANE, LOT 7 & 8 P/8, BLOCK 3, SHADYWOOD POINT, PID #13-117-24 11 0005. Planner Mark Koegler reviewed his report. The applicants are seeking setback variances in order to construct a conforming deck addition. The existing home sits within 14 feet of the front lot line and 5.8 feet of the north side lot line. This situation results in setback variances of 6 feet and .2 feet respectively. The lot is in compliance with all other zoning requirements including impervious cover limitations. Comments The existing non-conforming home is in very good condition. The proposed construction consists of an elevated deck that measures 19.6 feet by 8 feet. The new deck will tie into an existing deck and provide a stairway connection to the rear yard. The proposed deck addition observes a 69 foot setback from the O.H.W. of Lake Minnetonka. Recommendation The non-conforming aspects of the existing property are likely to remain well into the furore. The proposed construction conforms to all zoning requirements. Staff recommends that the Planning Commission recommend approval of the requested variances to allow the new deck construction due to the "practical difficulty" that results from the setbacks of the existing home. Hanus questioned why a detached garage needs to be farther from the street than a detached garage. He then stated, an attached garage could easily become a part of the house. MOTION by Weiland, seconded by Burma, and carried 6 - 0, to approve a 6 foot front yard variance and a .2 foot side yard variance for a existing non- conforming structure to allow the construction of a conforming 19.6 x 8 foot deck addition. Weiland commented about the existing shed being conforming, and it was. Chair Michael stated this item would be on the June 24, 1997 City Council agenda. PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 3, 1997 SUBJECT: Variance Request APPLICANT: Jim and Sue O'Hearn CASE NUMBER: 97-21 HKG FILE NUMBER: 97-5k LOCATION: 1786 Shorewood Lane EXISTING ZONING: Single Family Residential (R-lA) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicants are seeking setback variances in order to construct a conforming deck addition. The existing home sits within 14 feet of the front lot line and 5.8 feet of the north side lot line. This situation results in setback variances of 6 feet and .2 feet respectively. The lot is in compliance with all other zoning requirements including impervious cover limitations. COMMENTS: The existing non-conforming home is in very good condition. The proposed construction consists of an elevated deck that measures 19.6 feet by 8 feet. The new deck will tie into an existing deck and provide a stairway connection to the rear yard. The proposed deck addition observes a 69 foot setback from the O.H.W. of Lake Minnetonka. RECOMMENDATION: The non-conforming aspects of the existing property are likely to remain well into the future. The proposed construction conforms to all zoning requirements. Staff recommends that the Planning Commission recommend approval of the requested variances to allow the new deck construction due to the "practical difficulty" that results from the setbacks of the existing home. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: ~/~'/~ '7 City Council Date: ~ -,)c]. q 7 Distribution: ~-3-/-0/'7 City Planner Public Works City Engineer DNR Other Application Fee: $50.00 Case No. &( Please type or print the following information: Address of Subject Property /,~ Addition Zoning District Owner's Name ~-~/n: ¥., ¢,'~ Day Phone Applicant's Name (if other than owner) Address Has an application ever been made fo/zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, (ffno. 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.): Variance Application (11/93) Page 2 Case No. Do the existing structures comply with all ~..~"height, bulk, _~etback regulations for the zoning district in which it is located9 es ~ (), No 40. If no, specify each non:Conforming use (describe reason for variance request, i~k¢ lot area, etc.): ,- - ~ ,~--~i ,-- .... ~ c-r~, '~< ' ' ' ' -I ' q ~ t ~'~/ / It I~ · ' reque~st_~_~_. VARIANCE ({~xisting"~' ) Front Yard: !I~T~ S F_~) ,.;70 ft. Side Yard:((lq ,~ E W ) O' ft. Sid.-Yard~( ~ w ) 5: R~Y~d:" (NSEW) ff. ~~- ( ~ s~, w ) . Cc'~ ·(NSEW) a. Street Frontage: ft. Lot Size: sq ft Hardcover: sq ft /0/ ft. ft. ,.(-' ,~-" ft. ft. ft. ft. ~q' ~t. ft. ft. ft. /.~/ ft. ft. L-2. 4-/>/sq ft sq ft 27 ...~g. C.,7 sq ft sq ft Does the present 3~qe of the property conform to all regulations for the zoning district in which it is located? Yes (.-)',' No (). If no, specify each non-conforming use: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ( ( Please describe: ) too narrow ( ) topography ) too small ( ) drainage ) too shallow ( ) shape soil ---)~ting situation other: specify /~ Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone/having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No (ry. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? No (). If yes, explain: Yes (), Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (~.lf no, list some other properties which are similarly affected? / I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature ../ :~ ~'t_~ ('6. ¥- ~. '~ ("~(.,,.Date '? ',I ,.~z ~../~' C,~/~,~Date ,~:l, Al'~/.f',7 /, CITY Of MOUND HARDCQVER (;At, CULATIQN~ (IMPERVIOUS SURFACE COVF..RAGF. I OWNER'S NAME: LOT AREA SQ. FT. X 30% = (for all Iots~ .............. LOT AREA /g,~ j-/~ sc~. FT. x 4o% = (for LoT, of Record') ....... LOT AREA SQ. FT. X 15% = (for detached buildings only) *Existing Lots of Record may have ,,tO percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitl:ed and aDproved by the Building Official. DETACHED BLDGS (GARAGE/SHED) LENGTH WIDTH SC FT 20 x ¢-7 = //~o ~ -~t x ~.~ = X TOTAL HOUSE DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. ~ Open decks {1/4." min. opening bet~veen boards) with · ~e~[ous suvaco under are not counted as hardcover OTHER ¢ x // = TOTAL DETACHED BLDGS ................. IF- x '~z... = _ 4-¢0 ~,& x zs" z/~- x 41 ? TOTAL DRIVEWAY, ETC Z/;TZ .................. F TOTAL-I~¢==~c .......................... · ~,¢¢' X -- x ~, = /~--~. ~, TOTAL OTHER TOTAL HARDCOVER / IMPERVIOUS SURFACE PREPARED BY C0~ LEGAL DESCRIPTION / / Lot 8 and the Southeasterly 27.50 feet of Lot 7 also the Northwesterly 5 feet of Lot 9, Block 3, Shadywood Point, Hennepin County, Minnesota. $cHoBoRG ND SURVEYING. INC. 8997 Cry. Rd. 135E 972-3221 Dela~Q, MN ~ ! hereby certify that this plan, survey.or report was. prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of the State of Minnesot_~ - xa Date: /~?~) ~/' /.' / ~G~7 Registration No. 14700 JOB# Book - Pa, "L~I:N'~RAL '~bNING INFORMATION~ i''' I, SHEET ADDRESS: SURVEY ON FILE? YES REQUIRED STREET FRONTAGE/WIDTH: EXISTING LOT WIDTH: REQUIRED SETBACKS PRINCIPAL BUJL-~ING/HOUSE. / RONt: N S[E)W. FRONT: j~L S,,~- W S DE: E W '" (,, REAR: LAKESHORE: ('~50')~measured from O.H.W.) TOP OF BLUFF: ~_.~J~/ EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: [ HA~~DCOVER CONFORMING? LOT OF RECORD? NO I ? EXIST. LOT AREA: 7,000 +12 EXISTING LOT DEPTH: ~.._ .ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: .50' (measured from O.H.W.} TOP OF BLUFF: .ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: YES / NO/7(~ I IS THIS PROPERTY CONFORMING? 1 DATE: 5 .'~O,-C~ 5 YES / NO This General Zoning Information Sheet ,only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. ' vC June 24, 1997 PROPOSED RESOLUTION/07- RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE TO ALLOW RECONSTRUCTION OF SHED AT 3042 ISLAND VIEW DRIVE, LOTS 50 & 51, PID#19-117-23 34 0075 PHELPS ISLAND PARK, 1ST DIVISION P&Z CASE//97-22 WHEREAS, the owner, Douglas Easthouse, has applied for a lakeside setback variance of 30 feet in order to construct a nonconforming shed setback 20 feet from the lake, he is seeking to replace an old shed which was tom down several years ago, and; WHEREAS, this variance request also results in the recognition of a variance for the existing nonconforming detached garage adjacent to the street which was allowed to be constructed by the City in 1979 by special agreement and reconstructed in 1991, when it was damaged by a vehicle., and; WHEREAS, a 50 foot setback is required from the lake, and; WHEREAS, the Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box) provided that it does not have a floor area exceeding 20 square feet and 4 feet in height, and; WHEREAS, a lock box was found to be an inadequate size to accommodate the typical storage needs and there are no other alternatives to locate a shed on the property that is in conformance with the ordinance. WHEREAS, topography, and; a practical difficulty is determined due to the steep slope and the WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the condition that the applicant install year around screening from the lake. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a lake side setback variance of 30 feet for the construction of a nonconforming shed 20 feet from the lake, and recognizes the existing nonconforming detached garage adjacent to the street. A 20' setback is required to the garage, 0.4' is existing resulting in the recognition of a 19.6' variance. Proposed Resolution Case #97-22 June 24, 1997 P. 2 The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: o This variance is granted for the following legally described property: Lot 50-51, Phelps Island Park, 1st Division, PID 19-117-23 34 0075 This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. j MuninUtes - Mound Planning Commission e 9, 1997 CASE #97-22: VARIANCE FOR SHED, DOUGLAS EASTHOUSE, 3042 ISLAND VIEW DRIVE, LOTS 50-51, PHELPS ISLAND PARK 1ST DIV. PID 19-117-23 34 0075. Building Official Jon Sutherland passed out photos that the applicant had provided. Sutherland stated the applicant is seeking a variance to allow the reconstruction of a nonconforming shed on the lakeside which was, according to the owner, tom down several years ago. The proposed shed is to be setback 20 feet from the lake. A 50 foot setback is requires, resulting in a variance request of 30 feet. This variance request also results in the recognition of a variance for the existing nonconforming detached garage adjacent to the street. The detached garage was allowed to be constructed by the City in 1979 by special agreement, and also reconstructed in 1991 when it was damaged by a vehicle. All other issues with this property are fully conforming. The applicant was present. Comments The Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box) provided that it does not have a floor area exceeding 20 square feet and four feet in height. The lock box must also be treated to reduce visibility as viewed from the lake. There does not appear to be any findings of hardship. However, practical difficulty was determined in a similar case adjacent to this property, at 3030 Island View Drive. In the previous case, the neighboring properties had similar situations with topography and sheds located in close proximity to the lake. Due to the need for storage and due to the steep slope, small sheds were determined to be reasonable. A lock box was found to be on inadequate size to accommodate the typical storage needs, and there were no other alternatives to locate a shed on the property that was in conformance with the ordinance. Recommendation Staff recommends the Planning Commission recommend approval of the variance as requested due to practical difficulty. Chair Michael read Commissioner Mueller's comment, "I concur with the staff recommendation with the proviso that the shed be screened from the lake with year around (i.e. evergreen) plant material." Sutherland stated the applicant can submit a application to the Planner for approval. There were no questions from the Commission to the Staff. MOTION by Burma, seconded Glister to concur with staff recommendation and approve a 30 foot lake side setback to allow the construction of a shed at 3042 Island View Drive. The shed is to only be 7 feet high. A screen plan wffi be submitted the Building Official. The vote carried 5-0. Weiland was concerned with how tall the shed would be. The applicant commented about 7-8 feet tall, and that it would be manufactured shed. Also, that it would meet the required guidelines. Mr. Easthouse will submit a shrubbery plan to the Building Official. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-062o DATE: TO: FROM: SUBJECT: APPLICANT: CASE NO. LOCATION: ZONING: STAFF REPORT Planning Commission Agenda of June 9, 1997 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ,._j C~k~ ~. Variance Request Douglas J Easthouse 97-22 3042 Island View Drive, Lot 50&51, Phelps Division, PID 19-117-23 34 0075 R-lA Single Family Residential Island Park 1st BACKGROUND: The applicant is seeking a variance to allow the reconstruction of a nonconforming shed on the lakeside which was, according to the owner, torn down several years ago. The proposed shed is to be setback 20 feet from the lake. A 50 foot setback is required, resulting in a variance request of 30 feet. This variance request also results in the recognition of a variance for the existing nonconforming detached garage adjacent to the street. The detached garage was allowed to be constructed by the city in 1979 by special agreement, and also reconstructed in 1991 when it was damaged by a vehicle. All other issues with this property are fully conforming. COMMENTS: The Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box) provided that it does not have a floor area exceeding 20 square feet and four feet in height. The lock box must also be treated to reduce visibility as viewed from the lake. There does not appear to be any findings of hardship. However, practical difficulty was determined in a similar case adjacent to this property, and the related information is included in the packet. In the previous case the neighboring properties had similar situations with topography and sheds located in close proximity to the lake. Due to the need for storage and due to the steep slope, small sheds were determined to be reasonable. A lock box was ~prlntedonrecycledpaper Staff Report Case 97-22 June 9, 1997 Page 2 found to be of inadequate size to accommodate the typical storage needs, and there were no other alternatives to locate a shed on the property that was in conformance with the ordinance. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance as requested due to practical difficulty. JS , I, ,, IlL VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 ~4Y ~ 6 1997 $ °°. °° (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: City Planner ~'..~-~. q -7 DNR City Engineer Other Public Works SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) Address Lot ~o ~,5'? Block Subdivision PID# ZONING DISTRICT R-1 Name ~--~,s "~. Address Plat # B-1 B-2 B-3 Phone (H) "/72- !"/~ ? (W) c~ ? 2 - ~-- ,3 6 ~ (M) Name Address Phone (H) (W) (M) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed constructio ...... ~ (Rev. 1/14/97) k10' x 8' CHELSEA SHED · 5'4'Wx$'H ~louble doors ~ (816166) 10",t6' FLOOR lOT (ua,~, ,$1~ Variance Application, P. 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 (), No 00. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED Front Yard: ~ E(~ q-.O ft. Side Yard: E W ) ~--t~ ft. Side Yard: ( N S E W ) ft. Rear Yard: ( N S E W ) ft. Lakeside: ( N S E W ) ~ ft. · (NSEW) ft. Street Frontage: --+0 ft. Lot Size: ~ sq ft Hardcover: sq ft REQUESTED (or existing) 0,4t ft. 4Z~ C%~:P sq ft sq ft VARIANCE ! Iq ft. cpd r)eT, c,,ee., ~'1-- ft. ,, t, ~. ft. sq ff sq ~ Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes 60, No (). If no, specify each non-conforming use: Please Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow (,~) topography ( ) soil ( ) too small ( ) drainage ( ) existing situation ( ) too shallow ( ) shape ( ) other: specify ~7 (Rev. 1114/97) Variance Application, P. 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~x). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~0. 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? 9. / 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 ~~/,7~~~~ Applicant's Signature Date (Rev. 1/14/97) CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: 5C:~ ~5[-/~,~ VJ~c:~ ~)~-~-~ OWNER'S NAME: LOT AREA ~P,~ SQ. FT. X 30% LOT AREA SQ. FT. X 40% = (for all lots) .............. = (for Lots of Record*) ....... LOT AREA SQ. FT. X 15% = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER TOTAL DETACHED BLDGS ................. I 5 ~ G · --/~ x i,~ = I~-/~ r~ x 50 : DoC) X = TOTAL DRIVEWAY, ETC .................. x : X = X = TOTAL DECK .......................... X = X = TOTALOTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER / OVER (indi~oate difference) ......... , ..................... t ,m ali I, i, I, CITY OF MOUND - ZONING INFORMATION SHEET ADDRESS: SURVEY ON FILE? YES / NO ZONING DISTRICT, LOT SIZE/WIDTH: RECORD? YES / NO YARD [ DIRECTION ,lOUSE ......... FRONT N S E W FRONT N S E W SIDE N S E W SIDE N S E W B1 7,500/0 o,ooo,.o 10,000/60 R2 14,000/80 R3 SEE ORD. I1 30,000/100 REQUIRED ] EXISTING/PROPOSED EXISTING LOT SIZE: ...... LOT WIDTH: t / oo LOT DEPTH: I 6o I VARIANCE REAR LAKE TOP OF BLUFF N S E W N S E W 15' 50' 10' OR 30' GARAGE, SIIED ..... DETACIIED BUILDINGS FRONT FRONT SIDE SIDE REAR LAKE TOP OF BLUFF JARl)COVER YES I NO N S E W N S E W N S E W N S E W NS E W N S E W 4' OR 6' 4' OR 6' $0' 10' OR 30' 30% OR 40% 7 lB,': {DATED: 'FhiSPlanningZOningDepartmentlnformatiOnat 472-0600.Sheel only summarizes a portion of the requirements outlined in the City of Mound Zoning Ordinance. For further information, conlact the City of Mound ~.5 ' 5E - , 3,-'; BUILDING PERMIT APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600 Fax: 472-0620 The applicant is: ~___owner __contractor __tenant LEG^' Lo, DESCRIPTION Subdivision OWNER Name Address Phone (H) ~2 --['y¢~ (W) ~ ¢~g'~ (M) CONTRACTOR Company Name Contact Person Address Phone (H) (W) (M) ARCHITECT Name &/OR Address ENGINEER Phone (H) (W) (M) CHANGE OF FROM: USE TO: DESCRIBE WORK: VALUE APPROVED BY INSPECTOR SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. PERMITS BECOME NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED iS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK tS COMMENCED. TIME LIMITS ON BUILDING COMPLETION. ALL WORK TO BE PERFORMED PURSUANT TO A BUILDING PERMIT OBTAINED FOR NEW CONSTRUCTION, REPAIRS, REMODELING, AND ALTERATIONS TO ~HE ~XIERIL)H5 OP ANY BUILDINH OR STRUCTURE IN ANY ZONING DISTRICT SHALL BE COMPLETED WITHIN ONE (1) YEAR FROM THE DATE OF PERMIT ISSUANCE. THE PERSON OBTAINING THE PERMIT AND THE OWNER OF THE PROPERTY SHALL BE RESPONSIBLE FOR COMPLETION. A VIOLATION OF THIS ORDINANCE IS A MISDEMEANOR OFFENSE. THE CITY COUNCIL MAY EXTEND THE TIME FOR COMPLETION UPON WRITTEN REQUEST OF THE PERMITTEE, ESTABLISHING TO THE REASONABLE SATISFACTION OF THE CITY COUNCIL THAT CIRCUMSTANCES BEYOND THE CONTROL OF THE PERMITTEE PREVENTED COMPLETION OF THE WORK FOR WHICH THE PERMIT WAS GRANTED. THE EXTENSION SHALL BE REQUESTED NOT LESS THAN THIRTY (30) BUSINESS DAYS PRIOR TO THE END OF THE ONE-YEAR PERIOD. ~ HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING TH~S TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. PRINT Ai~PLICANT'S NAME APPLICANt'S' SIGN,~TU RE DATE (OFFICE USE ONLY) SPECIAL CONDITIONS & COMMENTS: CONSTRUCTION TYPE: OCCUPANCY GROUP / DIV: MAX OCCUPANT LOAD I COPIED APPROVED I ZONING BLDG SIZE (SQ FT) # STORIES FIRE SPRINKLERS REQUIRED? I CITY ENGINEER # UNITS YES / NO I PUBLIC WORKS RECEIVED BY / DATE: PLANS CHECKED BY: APPROVED BY / DATE: I ASSESSING I MET COUNCIL/SAC ! .. } ,,-'~ ..... ·-' "~,z.o' z.o~t,,),, o,, ~: ~'~a.cI.e..mrv4~.of ~.e .p~rop(~CI loc.tm, o! the buiJdin, ,u,v~.ved ti:be prol:)ert¥ described _ T~e ~l~re uescr2oecl proPert~ .a..rt$1 th&l the location ........... above plal August 27, 1996 RESOLUTION//96-84 RESOLUTION TO APPROVE SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A NONCONFORMING SHED AT 3030 ISLAND VIEW DRIVE, LOT 48, PHELPS ISLAND PARK 1ST DIVISION PID 19-117-23 34 0073, P&Z CASE//9640 RECEIVED SEP 3 0 1996 WHEREAS, the owners, John and Kathy Aquilina, have applied for va~Uc~ei]t§L}ll~{~~ & INSR reconstruction of a nonconforming 8' x 10' shed 22 feet from the ordinary high water (OHW) elevation, and a 1 foot from the side property line, and; WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for lots of record, and a 50 foot setback from the OHW, and; WHEREAS, all other setbacks, lot area, and lot coverage are conforming, and; WltEREAS, the Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box) provided that it does not have a floor area exceeding 20 square feet and is a maximum of four feet in height. The lock box must also be treated to reduce visibility as viewed from the lake, and; WHEREAS, the shed is used to store a riding lawn mower, and according to the owner, due to the severe slope to the lake it is dangerous to drive the lawn mower up and down the slope, and; WHEREAS, both the neighbors on either side of him have metal sheds which are closer to lake, however, they are smaller in height, and; WHEREAS, the existing location of the shed has the least impact to the neighbor's view, and; WHEREAS, Staff recommended denial, however, the Planning Commission has reviewed the request and recommended approval with 5 in favor and 2 opposed, due to the practical difficulty and, in addition, the present location has the least impact to the neighbors. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 28 foot lake side setback variance and a 3 foot side yard setback variance to allow construction of and 8' x 10' shed, subject to the following: The shed shall be no more than 7 feet in height, measured from the top of grade on the lake side to the top of the highest peak on the roof. Re~olut~'ong96-84 August 27, 1996 Page 2 o A landscaping plan shall be reviewed by the City Planner to ensure the shed will be adequately screened with vegetation as viewed from the surface of public waters, assuming summer, leaf-on vegetation. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford abe owners reasonable use of their land: Construction of a 8' x 10' shed, 7' high. This variance is granted for the following legally described property: Lot 48, Phelps' Island Park First Division. This variance shall be recorded with the County' Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been fred with the City Clerk. The foregoing resolution was moved by Councilmember Hanus and seconded by Councilmember Ahrens. The following Councilmembers voted in the affn-rnative: Akrens, Hanus, Jensen, Jessen and Polston. The following Councilmembers voted in the negative: None Attest: Acting City Clerk ..~ cv Resolution adopted: August.157' 1996 3'layor , . TRANSFER ENTERED HL~INEPlN ~:~JNTY, TAXP^¥Ef~ ~ERVICL~ 8EP 0 1~96 b o _bLI o J RECEIVED" SEP 3.1] 1996 ~~~p." M/lVUTE$ - MOUND CITY COUNCIL . AUGUST 27, 1996 1.4 CASE /~6-40: VARIANCE FOR SFFED, 3030 ISLAND VIEW DRIVE, JOHN ,~ .KATHY AQUILINA, LOT 48, PHELPS ISLAND PARK 1ST DMsION, PID 19-117 23-34 0073. Building Official Jori Sutherland stated the owners John and Kathy Aquilina are applying for a variance to allow reconstruction of a nonconforming 8' x 10' shed 22 feet from the ordinary high water (OHW) elevation. All other setbacks, lot area, and lot coverage are conforming. The Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box) provided that it does not have a floor area exceeding 20 square feet and is a maximum of four feet in height. The lock box must also be treated to reduce visibility as viewed from the lake. The shed will be used to store a riding lawn mower as the owner states is due to a severe slope to the lake that is dangerous to drive up and down. It was noted that the applicant was also applying for a 3' side yard setback variance also. This was to be added to the resolution. Staff recommended denial, Planning Commission approved 5-2, due to the practical difficulty and the present location has the least impact to the neighbors. Councilmember Hanus moved and Councilmember Ahrens seconded the amended resolution: RESOLUTION//96-84 RESOLUTION TO APPROVE SETBACK VARIANCES TO ALLOW CONSTRUCTION OF A NONCONFOR.M]NG SHED AT 3030 ISLAND VIEW DRIVE, LOT 48, PHELPS ISLAND PARK IST DIVISION, PID 19-117-23 34 0073, P&Z//96-40 The vote was unanimously in favor. Motion carried. ~ OF A MF. ETING OF TttE MOUND ADVISORY PLANNING COMMISSION AUGUST 12, 1996 CASE 96-40:,, V~RIANCE FOR SHED, 3030 ISLAND VIEW DRIVE, JOHN & KATHY AQUILINA, LOT 48, PHELPS ISLAND PARK 1ST DIVISION, PID 19- 117-23 34 0073 Orv Burma stepped down as he is a neighbor to the applicant. Building official, Jon Sutherland, reviewed the Staff Report. The applicant is seeking a variance to allow the reconstruction of a nonconforming shed on the lakeside. The shed is now partially 11 Planning Commission Minutes August 12, 1996 reconstructed and is setback 22 feet from the 0HW, a 50 foot setback is required, resulting in a variance request of 28 feet. All other issues with this property are fully conforming. The Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box) provided that it does not have a floor area exceeding 20 square feet and is a maximum of four feet in height. The lock box must also be treated to reduce visibility as viewed from the lake. There does not appear to be any findings of hardship or practical difficulty in this case as the ordinance provides for a lock box and there may be other alternatives to locate a shed on the property that is in conformance with the ordinance. Staff recommended the Planning Commission recommend denial of the request due to lack of a hardship or practical difficulty. Glister stated that the shed is already partially reconstructed, and questioned how this came to the attention of the City. Sutherland noted that the City received a complaint. Sutherland commented further that the applicant stated he had contacted the City and someone had informed him a permit was not required for a shed 120 square feet or less, and he was unaware it was required to meet a 50 foot setback. Weiland suggested an alternative location for the shed which is next to the deck. Applicant, Mr. Aquilina, emphasized that due to the severe slope to the lake it would be dangerous to drive their riding lawn mower up and down the slope. He stated there is only a 3 foot wide trail along the side of the lot, and the rider is 4' wide. He stated it took four people to carry the tractor down the steps. Aquilina noted that both the neighbors on either side of him have sheds closer to lake, and they are the same size. He asked why he should be treated differently. Reifschneider noted that the neighbor's sheds are shorter and that his shed looks bigger, and he feels there is room to move it further back on the lot. Aquilina stated he was willing to reduce the height of the shed. Aquilina commented that the old shed was dilapidated and unsightly, and the new one is more aesthetically pleasing, and more safe. He noted the foundation is made of railroad ties. Aquilina also feels that the existing location of the shed is best for the neighbor's site line. Michael explained that if they approve this shed, they will be farther away from the City's long term goals and this is their opportunity to gain conformance. Mueller, agreed that the existing location is least impacting on the neighbor's and applicant's property. Mueller recalled that one requirement of the Shoreland Management Ordinance is that structures be screened from view from the lake. He suggested the shed could be screened, the height changed, and the color could be 12 Planning Commission Minutes August 12, 1996 changed. He does not believe the metal sheds on the adjacent lots will ever go away because metal does not deteriorate as quickly. Previous cases involving sheds on the lake side were discussed. Hanus commented that none of the previous cases involving sheds on the lake side involved newly constructed sheds. Orv Burma, neighbor to the applicant, emphasized that Mr. Aquilina did call to see if a permit was needed, and noted that the shed would be costly to move; and feels that the shed is not offensive to lake users in its present location. Hanus asked how far the shed can be moved back so it is functional. Aquilina stated, maybe 4 feet. Weiland disagreed. Burma agreed that the shed could go back 4 to 6 feet, but not far enough to be conforming, and even if it is pushed back 4 feet the elevation is higher. He feels it would look better where it is. MOTION made by Voss, seconded by Mueller, to recommend approval of the variance to allow the shed, subject to the shed being no more than 7 feet in height, measured from the top of grade on the lake side to the top of the highest peak on the roof, and that a landscaping plan be submitted for screening the shed with vegetation. Motion carried 5 to 2. Those in favor were: Voss, Mueller, Glister, Hanus and Michael. Weiland and Reifschneider were opposed. Weiland commented that we are missing the opportunity to remove a nonconforming structure. Reifschneider agreed and believes there is room to move the shed back on the lot. This case will be reviewed by the City Council on August 27, 1996. 6¢ ~7~ -.s-o/7 CITY OF MOUND - ZONING INFORMATION SHEET e SURVEY ON FILE7 YES .BT OF RECORD? ~YYES~ NO YARI} Ill ItlSE ......... FRONT FRONT SIDE SIDE REAR LAKE TOP OF III.UFF ,(;ARA(;~)' . , FRONT FRONT SIDE SIDE ZONING DISTRICT, LOT SIZE/WIDTH: R3 J DIREL'I'ION J REQUIRED J N S E W REAR N S E W LAKE N S TOP OF BLUFF B1 7,500/0 B2 20,000/80 R2 6,000/4~ 83 10,000/60 R2 14,000/80 SE~ ORO. I1 30,000/100 EX1S'rlN~/~ROPOSED EXISTING LOT S~: LO'[ WIDTH: ?$' LOT DEPTH: YARIANCK ' ' I Thi~ Z.nin~ Infnrmntion Sheet only summmj~ e portion of the requirements outlined in the City of Mound Zoalng Ordinance. For further information, contact the City of Mound .Plnnning Department nt 472-0600. ,? l'.;.:) ' ' -'3 June 24, 1997 PROPOSED RESOLUTION #97- RESOLUTION TO RECOGNIZE A NONCONFORMING HOME WITH A FRONT YARD, REAR YARD AND SIDE YARD SETBACK VARIANCE TO ALLOW REPLACEMENT OF AN EXISTING WALKWAY, PATIO AND DECK AT 1732 CANARY LANE, LOT 10, 11, 12, BLOCK 11, DREAMWOOD PID 13-117-24 24 0015, P&Z CASE//97-23 WHEREAS, the owner, Kenneth and Carol Grabow, are seeking approval of variances to allow the replacement of an existing walkway, patio and deck that wraps around two sides of the existing home, and; WHEREAS, the existing home is nonconforming due to a front yard, rear yard and side yard setback and impervious cover as follows: Existing Required Variance Front Yard Setback 5.47' 20' 14.53 Side Yard Setback (south) 1.47 6' 4.3' Rear Yard Setback (east) 13' 15' 2' Impervious Cover 44 % 40 % 4 % ~ ' ' ' ' w v r th6 impact WHEREAS,~-pr-ot~sc~ co~i~hu,~oii iii,; ' ' , ho e e :nek~ p is minimal due to the fact that the property abuts the Wiota Commons, which is held in perpertt/a7 open space, and; WHEREAS, in the side yard the proposed deck replacement is required to observe a 6 foot setback since the deck, at that point, exceeds 30 inches above grade, and: WHEREAS, in addition to the adjacent commons, the proposed improvements will reduce the amount of hardcover on the site to nearly 40%, by converting the walkway and patio from concrete, where water will not penetrate, to a wooden deck construction, and; WHEREAS, the applicant will remove the existing nonconforming shed at the rear of the property, and; WHEREAS, the granting of this variance will be on the basis of practical difficulty, and; WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for lots of record, and a 15 foot rear yard setback, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval. Proposed Resolution Grabow June 24, 1997 P. 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance to recognize existing nonconforming setbacks, to allow the reconstruction of a wooden walkway, patio and deck. The applicant will remove the currently existing nonconforming shed to increase the impervious cover. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: 4. This variance is granted for the following legally described property: Lots 10-11-12, Block 11, Dreamwood, PID #13-117-24 24 0015 This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. Minutes - Mound Planning Commission June 9, 1997 Co CASE #97-23: VARIANCE FOR DECK, KENNETH & CAROL GRABOW, 1732 CANARY LANE, LOT 10, 11, 12, BLOCK 11 DREAMWOOD, PID 13-117-24 24 0015. City Planner Mark Koegler reviewed his report. The applicants are seeking approval of variances to allow the replacement of an existing walkway, patio and deck that wraps around two sides of the existing home. The existing home is nonconforming due to front yard, rear yard and side yard setbacks and impervious cover. Setbacks and variances that currently pertain to the parcel include: Front Yard Setback Side Yard Setback (south) Rear Yard Setback (east) Impervious Cover Existing Required Variance 5.47' 20' 14.53 1.47 6' 4.3' 13' 15' 2' 44% 40% 4% The proposed construction impacts the amount of impervious cover and the side yard setback noted above. In the side yard area, the proposed deck (replacement) is required to observe a 6 foot setback since the deck at that point exceeds 30 inches above grade. In this location, the property abuts the Wiota Commons which is held in perpetual open space. In order to reconstruct the deck, either a variance needs to be granted or the deck could be reduced in depth the comply with the 6 foot setback requirement. The remainder of the setbacks stem from the location of the home on the lot which is an existing condition of the property. Comments The proposed improvements will actually reduce the amount of hardcover on the site to a total 8 -337 Minutes - Mound Planning Commission June 9, 1997 that is very near the 40 % threshold in the ordinance. By converting the walkway and patio to a wooden deck construction, water will be able to penetrate the surface unlike the concrete surfacing that currently exists. Therefore, the new decking will improve the hardcover situation on the property. Recommendation Variances in Mound can be granted on the basis of either hardship or practical difficulty. In this particular case, a f'mding of practical difficulty could be rendered by the Planning Commission due to the placement of the home on the lot, the fact that the proposed deck will improve the amount of impervious cover, and due to the fact that the lot borders a large commons area that will always exist as open space. Based on a f'mding of practical difficulty, staff recommends that the Planning Commission recommend approval of the identified variances in order to reconstruct the existing walkway, patio and deck in the wooden decking configuration that is proposed. Weiland stated there would be more open area if the old shed was removed near the back properly line. Mr. Grabow stated the shed is not used often and could be removed. MOTION by Weiland to concur with staff recommendation to recognize existing nonconforming house and setbacks and recommend approval of variances to allow the replacement of existing walkway, patio and deck that would be reduced to comply with the 6' setback from the Commons and to remove shed at back of lot. Building Official Jon Sutherland stated that the commons area adds green space to this lot. Mr. Grabow stated he would gladly remove shed, but would rather not reduce the deck size to meet the 6' setback. MOTION by Weiland, seconded by Hanus to concur with staff, to recognize existing nonconforming setbacks, to allow the reconstruction of walkway, patio and deck. The applicant is to remove the existing nonconforming shed on the property. Hanus clarified that the deck as proposed, was contingent upon the removal of nonconforming shed. Michael clarified the shed is to be removed to add to the green cover. The vote was called, the motion carried 5-0. Minutes - Mound Planning Commission June 9, 1997 Mr. Grabow was concerned about the area where the shed is located, how would it look when shed is removed and the back of neighbors shed will be exposed? He was told he could fence the area to match the existing fence. He would have to locate lot line, the fence could go on the lot line, or he could screen area. PLANNING REPORT Hoisington Koeglcr Group Inc. TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 3, 1997 SUBJECT: Variance Request APPLICANT: Kenneth and Carol Grabow CASE NUMBER: 97-23 HKG FILE NUMBER: 97-51 LOCATION: 1732 Canary Lane EXISTING ZONING: Single Family Residential (R~ lA) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicants are seeking approval of variances to allow the replacement of an existing walkway, patio and deck that wraps around two sides of the existing home. The existing home is nonconforming due to front yard, rear yard and side yard setbacks and impervious cover. Setbacks and variances that currently pertain to the parcel include: ~ Required Front Yard Setback 5.47' 20' Side Yard Setback (south) 1.7' 6' Rear Yard Setback (east) 13' 15' Impervious Cover 44% 40% Variance 14.53' 4.3' 2' 4% The proposed construction impacts the amount of impervious cover and the side yard setback noted above. In the side yard area, the proposed deck (replacement) is required to observe a 6 foot setback since the deck at that point exceeds 30 inches above grade. In this location, the property abuts the Wiota Commons which is held in perpetual open space. In order to reconstruct the deck, either a variance needs to be granted or the deck could be reduced in depth to comply with the 6 foot setback requirement. The remainder of the setbacks stem from the location of the home on the lot which is an existing condition of the property. COMMENTS: The proposed improvements will actually reduce the amount of hardcover on the site to a total that is very near the 40% threshold in the ordinance. By converting the walkway and patio to a wooden deck construction, water will be able to penetrate the surface unlike the concrete surfacing that currently exists. Therefore, the new decking will improve the hardcover situation on the property. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Grabow Variances Planning Report June 3, 1997 Page 2 RECOMMENDATION: Variances in Mound can be granted on the basis of either hardship or practical difficulty. In this particular case, a finding of practical difficulty could be rendered by the Planning Commission due to the placement of the home on the lot, the fact that the proposed deck will improve the amount of impervious cover, and due to the fact that the lot borders a large commons area that will always exist as open space. Based on a finding of practical difficulty, staff recommends that the Planning Commission recommend approval of the identified variances in order to reconstruct the existing walkway, patio and deck in the wooden decking configuration that is proposed. ii I ,. IlL 13: 1. FAX CITY OF VARIANCE/~PPLICATION CITY OF MOL.~,'D 5341 Maywood Road, Mound, ,lin 55364 Phone: 472-0600, Fax: 472-0620 MAY 2 2 15 7 2 Application Fee: 009 $1,oo.00 (FOR OFFICE USE ONLY) Planning Commission Date: !Ci~' Council Date: Distribution: ~..~'1-,8'7 City Planner City Engineer ', Public Works ~' J'~-' ¢? DNR SUBJECT PROPERTY LEGAL DESC. PROPERTYx OWNER / A.PPLIC.(NT flF OTHER THAN OWNER) Address /'7~' Lot /~//~/~. ~3 mock ,//' Subdivision PID# ZONING DISTRICT R- I R-2 R-3 B-1 Plat # B-2 B-3 >Address Phone (H) ~".'q'~t~/ (W) '~- ~2/Zyd (M) Name Address Phone (H). .(W)... (M) . Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes,~¥'no. If yes, list date(s) of application, actiontaken, resolution number(s) and provide copies of resbldtions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, crc,): 05,'06. 97 13:10 Vzr.~.~¢¢ Application, P. 2 FAX CITY 0F MOUND Case No. 006,' 009 Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning -" dj. sir!ct in which it is located? Yes (), No~n~.. If no, specify each non-conforming use (describe reason fer variance request, i.e. setback, lot area, etc.)' SETBACKS: REQUIRED Front Yard: Side Yard: Side Yard: Rear Yard: Lakeside: VARIANCE Street Frontage: Lot Size: Flardcover: REQUESTED (or existing) (~s E w ) f~ ~. ~ ~. _~,~, (NS ) (NSEW) ~. - ~. · (NSEW) - ~. ~' ~~sq ~ ~ ~/~ '~ sq ~ ~/~, sq ~ Does the present use of the property conform to all regulations for the zoning district in which it is located'? Yes (), No (). If no, specify each non-conforming use: Which unique physical characteristi~ of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? Please ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too s.hanow ( ) shape ( ) soil F;~existing situation ( ) other: ~ecif-y CITY OF .~IOUNI) 1~ 007,009 case No. g , Was the hardship described above created by the action of anyone having property interests in the land after thc zoning ordinance was adopted (1982)? Yes (), No ~[. ff yes, explain: 7, No (). If yes, explain: Was the hardship created by any other m-made change, such as the relocation of a road? Yes (), Are the conditions of hardship for which you request a variance peculiar only to the property described i~ this petition? Yes (), No (). If no, list some other properties which are similarly affected? I ceftin' 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 upott 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 U5,'06.97 13:11 FAX CITY OF 5iOUNI) [~005 009 CITY OF MOUND HARDCOVER C~LCULATIONS (IMPERVIOUS SURFACE COVERAGE) LOT AREA SQ. FT. X 30% = (for alt lots) .............. LOT AREA SQ. FT. X 40% -- (for Lots of Record*) ....... LOT AREA SQ. FT. X 15% = (for detached buildings *Existing Lots of Record may have 40 percent coverage provided that techniques ara utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (sea back). A plan must be submitted and approved by the Building Official. LENGTH WIDTH SQ FT HOUSE X = X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open deck~ 1114" min. opening between boards} wi'th · pervious surface under ere not counted e~ hardoover OTHER TOTAL DETACHED BLDGS ................. x X ~ XTOTAL DRIVEWAY, ETC .................. X~ TOTAL HARDCOVER / IMPERVIOUS SURFACE UNDER ! OVER (indic~t~ differeoce) . · .~ .......................... ARMSTI~ONG 'FORSETH SKOLD & RYDEEN INC /73,9 ARCHITECTURE · ENGINEERING , PLANNING · TECHNOLOGY · LANDSCAPE ARCHITECTURE · INTERIOR DESIGN 4901 OLSON MEMORIAL HIGHWAY MINNEAPOLIS MN 55422 612 . 545 . 3731 612 . 525 . 3289 FAX ARMSTRONG TORSETH SKOLD & RYDEEN INC ARCHITECTURE · ENGINEERING · PLANNING · TECHNOLOGY ° LANDSCAPE ARCHITECTURE ' INTERIOR DESIGN 4901 OLSON MEMORIAL HIGHWAY MINNEAPOLIS MN 55422 612 . 545 . 3731 612 . 525 . 3289 FAX /I \ G SURVEYING INC. I hereoy certify :l~at :lqis plan. survey or report was. prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the taws of the State of Minnesota. ~ Date: /"~)/~'// /.~4'-/~'c~_7 Registration No. 14700 JOB# Book - Pag~ :~9 Scale /"- 30' " L !1 '1 GENERAL ZONING INFORMATION SHEET ADDRESS: SURVEY STREET FRONTAG E/WlD'H h ,~::~ ~) / REQUIRED I REQ. LOT AREA: LOT OF RECORD~)NO / ? EXIST. LOT AREA: EX~ST~NG LOT DEPT.: ~ 0 ' +/- REQUIRED SETBACKS PRINCIPAL BUI[D~/,ousE FRONT: N s ¢.._~_aa.~:u~ 20' FRONT:/J~ S E W SLUE: (._.~/S~E W SIDE: U ~W REAR: N S~' LAKESHORE: ~ ~0' (measured Irom O.H.W.) TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W ~(,.~' FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: 50' (measured from O.H.W.) TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAl. BUILDING ttOUSE FRONT: N 3 E W FRONT: N S E W SIDE: N S E W SIDE: N S E W fiEAR: N S E W LAKESHORE: TOP OF BLUFF: ~ ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W " LAKESHORE: TOP OF BLUFF: IS THIS PROPERTY CONFORMING? YES / NOF? ) H~,V/ER CONFORMING? YES/NO This General Zoning Information Sheet only summarizes a portion of the requirements outlined in tire City of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. ,-..... ( ) (HARRISONS BELLS. June 24, 1997 BATCH 7062 Total Bills $182,493.60 $182,493.60 T n- k- ! ',.D I . ~° L 0 I :D UJ _,1 · i ,0 ~ g.... Z o o o o' ? o¢ Z ,0 Z u.J ! June 24, 1997 PROPOSED RESOLUTION 97- RESOLUTION AMENDING RESOLUTION//95-13 MODIFYING ITEM//16 FOR PARCELS 1, 2, 3, BLOCK 1, TEAL POINTE, AND TO APPROVE A 10 FOOT FRONT YARD SETBACK FOR LOT 3 ONLY. WHEREAS, the applicant Caliber Homes, Fred Johnson, is seeking a front yard setback variance for Lot 3, Block 1, which fronts on both a short street (Outlot A) and an unimproved portion of Drummond Road, and; WHEREAS, the applicant, Caliber Homes, Fred Johnson, the current developer is seeking to amend Resolution 95-13, regarding item #16 which reads: "Homes constructed on Lots 1-3 shall be caisson and cantilevered structures. Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans, prepared by a registered Landscape Architect for review by the City. The plans shall contain a master plan, tree inventory, erosion mitigation plan and a landscaping plan which details tree and ground cover replacement." to change the structure style of the homes to a traditional basement structure, and; WHEREAS, the subject property is located within the R-iA Single Family Residential Zoning District which according to City Code requires for non-lots of record a minimum lot area of 6,000 square feet, a 20 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, the subject property is located on the corner of the improved Drummond Road and the home is proposed to be located 10 feet from Drummond Road right-of-way, and; WHEREAS, because of the location of the lot, it is required to observe a 20 foot setback off of Drummond Road, a 10 foot setback variance is being proposed, and; WHEREAS, when the preliminary plat for Teal Pointe was submitted the developer had originally proposed the vacation of Drummond Lane. After public hearings, the Council denied the vacation request. The general conclusion was that Drummond Road would probably never be improved for street purposes, and; WHEREAS, locating a home within 10 feet of the line does not compromise future use of Drummond Road as either a formally marked or informally used public trail. Even if utilities were needed in the future, they could be placed within the right-of-way without being hampered Proposed Resolution Teal Pointe June 24, 1997 Page 2 by the location of the proposed home, and; WHEREAS, the fact that Drummond Road is likely to be held by the public as perpetual open space and the fact that the new home does not compromise the future use of the public right-of-way, are grounds for a finding that this case satisfies the existence of practical difficulty, and; WHEREAS, all other setbacks, lot area and impervious surface coverage are conforming, and; WHEREAS, the Planning Commission has reviewed the request and the vote was 3-2. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby gram a 10 foot front yard setback variance in order to allow construction of a new dwelling 10 feet from Drummond Road. Item #16 of Resolution #95-13 be modified to remove the requirement for caisson and cantilevered structures. The remainder of the condition should be amended to read: "Prior to issuing a building permit for Lots 1, 2, 3, Block 1, the developer shall submit a set of plans prepared by a registered engineer and landscape architect for review by the City. The plans shall contain a detailed grading plan at a scale not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an erosion control plan and a detailed landscaping plan. Additionally, the grading plan shall note all site features such as retaining walls and decks and appropriate details shall be provided." Complete plans for the proposed construction on Lot 3 is consistem with the above requirement shall be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shall be limited to the area extending eight feet to the rear of the proposed home. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. Proposed Resolution Teal Polnte June 24, 1997 Page 3 o o It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Single Family Dwelling This variance is granted for the following legally described property: Lots 1, 2, 3, Block 1, Teal Pointe This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MONDAY, JUNE 9, 1997 INFORMAL PUBLIC HEARING: TO CONSIDER THE APPROVAL OF MODIFICATION OF RESOLUTION g95-13, ITEM//16, FOR PARCELS 1, 2, 3, BLOCK 1, TEAL POINTE AND TO CONSIDER A 10 FOOT FRONT YARD SETBACK VARIANCE FOR LOT 3 ONLY. Chair Michael stated the format for public hearings. Staff gives their report, Commissioners comment to staff, then the public hearing opens, and interested citizens can then speak. Planner Mark Koegler stated the Planning Commission had heard this case on May 19, 1997 and the Council heard this on May 27, 1997. The City Council decided it appropriate for the abutting properties be notified of the proposed changes in the original Resolution of//95-13. He then described the case briefly. The applicant is seeking approval of a front yard setback variance and modification to one of the conditions of the approval resolution for the Teal Pointe subdivision in order to construct a new home. The parcel in questions is Lot 3, Block 1 of Teal Pointe which fronts on both a short street (Outlot A) and an unimproved portion of Drummond Road. Because of the location of the lot, it is required to observe a 20 foot setback off of Drummond Road. A 10 foot setback is being proposed, hence the variance of 10 feet. Drummond Road is unimproved and is only platted. When the preliminary plat for Teal Pointe was reviewed and subsequently approved, the developer proposed vacation of parts of Drummond Road. In the course of the review of the preliminary plat, the right-of-way was not vacated and the plat continued to identify an incorrect 10 foot setback from Drummond Road right-of-way.. Presumably, the plat was drawn assuming setbacks with the right-of-way having been vacated. As a result, Caliber Homes is seeking a Minutes - Mound Planning Commission June 9, 1997 10 foot setback variance to allow a home to be placed 10 feet from the lot line. The applicant is also seeking to change the proposed preliminary plat that included cantilevered/cassion foundations for homes on Lots 1, 2, and 3, to the standard form of housing with a full basement. Lots 1, 2 and 3 intrude into a bluff area as defined by the Shoreline Ordinance. Because of the timing of this development relative to the adoption of Mound's shoreland standards, the approval resolution granted, "A variance from Section 330:1225, Subd. 4(B) to allow minimal fill for home construction on Lots 1, 2 and 3 within the bluff impact zone and/or bluff area." The resolution also stated, "Homes constructed on Lots 1-3 shall be caisson and cantilevered structures. Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans prepared by a registered Landscape Architect for review by the City. The plans shall contain a master plan, tree inventory, erosion mitigation plan and a landscaping plan which details tree and ground cover replacement." This idea of caisson/cantilevered construction on Lots 1-3 was offered by the developer at that time as a means to lessen the impact on the steep slope areas. At this time, the current owner of Lots 1-3 is seeking to modify this clause in the resolution to allow the construction of traditional single family homes. Recommendation Staff recommends that the Planning Commission recommend approval of the requested 10 foot front yard variance to allow a home to be placed 10 feet from the right-of-way of Drummond Road. The facts of this case support a finding of practical difficulty. Staff further recommends that item 16 of Resolution //95-13 be modified to remove the requirement for caisson and cantilevered structures. The remainder of the condition should be amended to read: "Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans prepared by a registered engineer and landscape architects for review by the City. The plans shall contain a detailed grading plan at a scale not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an erosion control plan and a detailed landscaping plan. Additionally, the grading plan shall note all site features such as retaining walls and decks and appropriate details shall be provided." Complete plans for the proposed construction on Lot 3 consistent with the above requirement shall be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shall be limited to the area extending eight feet to the rear of the proposed home. Chair Michael asked the Commission if they had any comments, they had none. Minutes - Mound Planning Commission June 9, I997 Chair Michael opened the Informal Public Hearing and asked if there was anyone present who wished to speak on this item. John Edewaard - 5125 Hanover Road. He stated he did not like the proposed variance. There was no hardship, doesn't meet code. He did not like changing plans. The new owner should have researched this before he purchased land. The original plat was approved because of the house style change, now it is being recommended. He stated there were already 17 variances and this had been well thought out once. Koegler stated that other PDA's had had changes in the past, once the plat was approved. Hanus asked Edewaard what his contention was with, the variance or the building style? Edewaard stated some conditions had not been met, such as reseed and resod. The homes should be built the way they were originally designed. Hanus reiterated the proposal before the Commission. Jim Brunzell, 5111 Windsor Road. He stated the neighbors had worked hard with the previous developer to come to an agreement, now it was changing. He was losing his trust in government. He purchased his home from previous developer, it had water problems in the basement. Brunzell stated he did not think the style of home would work on the slopes. Todd Rask, 5901 Drummond Road. He disagrees with the setback variance. The undeveloped Drummond Road was being discussed amongst neighbors as being a nature trail with walkway access to the slough area. He felt the slope was too steep for the style of home proposed. Chair Michael asked if this trail plan would go through the Parks and Open Space Commission. Harry Nassett, real estate agent, 2212 Fern Lane. He stated the plat map on view, was not the way the plat was approved. The plat on view showed Drummond Road vacated and it was not vacated. Lot 3 is 40 feet wide. The correct plat of lot 3 does not go into Drummond Road. Nasset stated caisson style homes are not good for Minnesota climate due to the cold seeping in. More earth would have to be moved installing caisson than a full basement. With retaining walls, the grade will be more improved than with the open ground style. Holes for the caisson would be larger and move more earth around than just digging a basement. Building Official Jon Sutherland stated the equipment used to dig a basement, would be a backhoe and cause less impact on the hillside because it could cut into the hillside for a foundation from at the top above the lot. In order to prepare footing holes, equipment would have to drive over and around the slope. Chair Michael asked why the original builder used caisson/cantilever style? Minutes- Mound Planning Commission June 9, 1997 City Planner Koegler stated the former developer proposed this style of structure. Chair Michael commented that some time changes occur, something may prove to be better than what was originally planned. Chair Michael asked three times if there were any more comments from the interested citizens, there were none. Chair Michael closed the informal public hearing. Hanus stated the cantilever style portrayed a more environmental friendly style, now we are hearing differently. The Commission would recommend the style that makes the most common sense. He didn't think much could grow under the caisson style overhang and that a full basement would not create as much erosion, especially if side elevations with landscaping were considered. He was not concerned with pipe freezing issue, this could be taken care of through special building efforts. The staff reports that there should not be further damage to the slopes. He is sensitive to the neighbors concerns. Weiland stated he also wants to protect the slope, and through the use of retaining walls, he could approve the full basement style. He was concerned as to what could grow under the cantilever. Burma stated he had mixed thoughts. He was concerned that recently there had been instances where the developer assumed a street vacation had been approved, and then, consequently, the Commission granted variances to allow the building. He stated that sometime exceptions are made. Glister stated she had wanted a public hearing to discuss the proposed changes. She was willing to consider the change. She was pleased citizens took the time to come to the meeting. She did not want to change the building style of the original proposed cantilevered/caisson style home. Chair Michael commented that there were four Commissioners not in attendance. He did have in writing, comments from Michael Mueller. Chair Michael wondered if the Commission would like to wait until more Commissioners were present. Weiland stated more information should be added to the motion, regarding the oversight in not vacating Drummond Road. Hanus stated the conditions as they would be in the motion. MOTION by Hanus, seconded by Burma to approve the requested 10 foot front yard variance to allow a home to be placed 10 feet from the right-of- way of Drummond road and to modify item //16 of Resolution 95-13 to remove the requirement for cassion and cantilevered structures. To amend 4 Minutes - Mound Planning Commission June 9, 1997 the condition to say "Prior to issuing a building permit for Lots 1, 2, and 3, the developer shah submit a set of plans prepared by registered engineers and landscape architects for review by the City. The plans shah contain a detailed grading plan at a scale of not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an erosion control plan and a detailed landscaping plan. The grading plan shah note all site features such as retaining walls and decks and appropriate details shah be provided." Complete plans for the proposed construction on Lot 3 consistent with the above requirement shah be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shah be limited to the area extending eight feet to the rear of the proposed home. Koegler stated the motion came directly from the staff report. Chair Michael read Commissioner Mueller's comments for the record: "The discussion we had with this development were many and the developer assured us that the entire development would be architecturally planned including building facades and that the bluff slopes would be least disturbed by the construction of some of the homes on caissons where the grade was the steepest. I brought up at that time the open underside exposure of the structures was a difficult and expensive way to build given the cold weather that we have in order to protect the heating and plumbing systems from freeze-up. The developer assured us that even though it would not be cheap, this type of construction is preferred in order to minimize the impact to the bluff. He informed us that caisson drilling does not disturb as much area as that which excavating machinery needs to move large amounts of fill material and the turning radius and movement required to remove such material. The lots in Block 1 were always of the largest concern as the slopes are very extreme. No type of construction other than that approved on the preliminary and f'mal plat should be allowed. It appears as though this is a request based solely and completely on a cost effective method of construction and not on a hardship that was not at length at the time of the preliminary plat approval. It is my understanding that a variance, or in this case a modification change to the final plat, should not be done for the sole purpose of making the project less expensive to complete. There are methods of assuring that the construction on caissons can be done without freeze-up problems and the bluff would sustain the least amount disturbance and infringement. I used to be an excavator, and I assure you that there is no way to excavate a basement that disturbs the bluff equal to or less than caisson drilling." Chair Michael stated the presumption was that Commissioner Mueller did not approve the structure style change. 5 Minutes - Mound Planning Commission June 9, 1997 Chair Michael asked if there were comments from the Commission. Weiland stated he would like to see plans for the retaining walls on Lots 1 and 2. He wanted to make sure the retaining walls were installed. Burma stated he agreed with Mueller on most points with the exception of the construction cost being cheeper. The Commission should not request only the most expensive plan. There is no reason to require a more expensive method if both methods have equal impact. VOTE was called, motion carried 3-2. Glister and Michael voting nay. Chair Michael stated the item goes to the City Council on June 24, 1997. MEMORANDUM TO: Mound Planning Commission and Staff DATE: June 3, 1997 Hoisington Koegler Group Inc. RECEIVED JUN 5 - 19§7 SUBJECT: Variance Request/Resolution Modification - Caliber Homes FROM: Mark Koegler On May 27, 1997, the City Council considered the request by Caliber homes to grant a setback variance for Lot 3 and to amend the approving resolution for Teal Pointe to allow traditional home construction on Lots 1 - 3. Both the variance and the requested resolution change were approved by the Planning Commission on a 4-3 vote. When the item went to the City Council for action, it was decided that the case should be referred back to the Planning Commission for a public hearing to take additional public comment on the request. As a result, it is back before the Planning Commission for review. Based on input received, the Planning Commission could reaffu-m its earlier position of approval on the request, it could recommend a modified approval of the request or it could recommend denial. Since the facts of the original case remain unchanged, no new staff report material has been prepared. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 CITY OF MOUND INFORMAL PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA PLANNING COMMISSION 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 CASE//97-20 NOTICE OF INFORMAL PUBLIC HEARING TO CONSIDER THE APPROVAL OF MODIFICATION OF RESOLUTION//95-13 ITEM//16, FOR PARCELS 1, 2 & 3, BLOCK 1, TEAL POINTE NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 PM on Monday June 9, 1997 to consider the approval of a modification of Resolution $//95-13 pertaining to the style of home from cassion/cantilever to conventional basement style and to consider approval of a 10 foot front yard setback variance, for lot 3 only. The legal description of the subject property is Lots 1, 2 & 3, Block 1, Teal Pointe, as shown on the plat map below: ~'q ..... I~.l,q ~ ,'s ~ ..... :.,vr.-~' _~ -,,~:- ~- ~ -j.~ All persons appearing at said informal hearihg with reference to the above will be given the opportunity to be heard at this meeting. Linda Strong, Planning Secretary Mailed to property owners within 350 feet of the subject property on June 2, 1997 printed on recycled paper MOUND CITY COUNCIL MINUTES - MAY27, 1997 1.10 CASE 97-20: FRONT YARD VARIANCE REQUEST AND RESOLUTION MODIFICATION, CALIBER BUILDERS, FRED JOIINSON, 5100 DRUMMOND ROAD, TEAL POINTE. LOT 3, BLOCK 1, PID #25-117-24 12 0233. Councilmember Jensen stated that as she remembered this at tile preliminary plat approval it was pointed out that there were some problems with the streets still showing that they were vacated and they were not. She asked why we are still showing these streets as vacated on an approved plat. The Building Official explained that the original applicant proposed to vacate both Cobden and Drummond, but neither were vacated. At that point, the Staff recommendation would have been for a variance to the setbacks and we would have i,~cluded that ill the listing of variances, but it was omitted. Then the applicant did not follow-up with revising their preliminary plat. The Building Official stated that the final plat does not show proposed setbacks. Tile preliminary plat does and the final plat resolution references the preliminary plat. The final plat does not show the streets as vacated. Essentially, they're unbuildable because of slope. The Building Official stated that the final plat is not incorrect, but it is the variance item in the resolution. In review by the Attorney and Staff it was decided that the applicant really needed to come in and get the Council's approval on the issue, so that there are no title or mortgage problems in the future. He stated the the Staff and Planning Commission recommend approval. Tile Building Official explained that the original developer proposed cantilever and caisson type homes for Lots 1, 2 & 3. From a Staff, engineering, landscape architect, planner and applicant's perspective, it is felt that traditional houses can be put in there that will have no greater impact than those originally planned. He reported that there are other houses in the City that are built into slopes like this and are not sustaining any damage or erosion to the slope. The Council discussed the original proposal and the current applicant's ideas and was concerned about changing SOlnething that was previously approved, without going through due process (notifying tile public, holding a public hearing, having the Planning Commission hear the changes and giving the Council their recommendations prior to Council action). MOTION made by Polston, seconded by Jensen to send this application for a resolution modificalion and variance lhrough the Planning Conmfission and City Council notifying properlies pursuant 1o cily rules and regtllations. The vote was unanimously in favor. Motion carried. The Council asked that people within 350 feet of Lots 1, 2, &3 be notified of this hearing. 377 MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MAY 19, 1997, 6 PM CASE #97-20: FRONT YARD VARIANCE REQUEST AND RESOLUTION MODIFICATION. CALIBER BUILDERS, FRED JOHNSON, 5100 DRUMMOND ROAD, TEAL POINTE LOT 3, BLOCK 1, PID #25-117-24 12 0233. Building Official, Jon Sutherland, reviewed the Planners report. The applicant is seeking approval of a front yard setback variance and modification of one of the conditions of the approval resolution for the Teal Pointe subdivision in order to construct a new home. The parcel in question is Lot 3, Block 1 of Teal Pointe which fronts on both a short street (Outlot A) and an unimproved portion of Drummond Road. Because of the location of the lot, it is required to observe a 20 foot setback off of Drummond Road. A 10 foot setback is being proposed, hence the variance of 10 feet. When the preliminary plat for Teal Pointe was reviewed and subsequently approved, the developer proposed vacation of parts of Drummond Road. In the course of the review of the preliminary plat, the right-of-way was not vacated and the plat continued to identify an incorrect 10 foot setback from the Drummond Road right-of-way. Presumably, the plat was drawn assuming setbacks with the right-of-way having been vacated. As a result, Caliber Homes is seeking a 10 foot setback variance to allow a home to be placed 10 feet from the lot line. This case is similar to Bradley Whyte, 5090 Windsor, which was approved by the City Council. Variances can be granted on a basis of findings that either a hardship or practical difficulty exists. In this case, the requested variance is reasonable as a practical difficulty since the Planning Commission Minutes May 19, 1997 Drummond Road right-of-way is likely to exist as perpetual open space in the future because of the steep terrain. The fact that the new home does not compromise the future use of the public right-of-way are grounds for a finding by the Planning Commission that this case satisfies the existence of practical difficulty. The second aspect of the applicant's requests relates to the type of new home construction that can occur on this lot as well as Lots 1 and 2 of Block 1. Lots 1, 2, and 3 all intrude into a bluff area as defined by the Shoreland Ordinance. Because of the timing of this development relative to the adoption of Mound's shoreland standards, the approval resolution granted "A variance from Section 330:1225. Subd. 4 (B) to allow minimal fill for home construction on these lots (1-3) within the bluff impact zone and/or bluff area." The resolution also stated the homes constructed on Lots 1-3 shall be caisson and/or cantilevered structures. Prior to issuing building permits, the developer shall submit a set of plans prepared by a registered Landscape Architect for review by the City. The idea of the caisson and cantilevered homes on Lots 1-3 was offered by the developer as a means to lessen the impact on the steep slope. At this time, the developer is seeking to modify this clause in the resolution to allow the construction of traditional single family homes, with full basements. Staff does not oppose traditional homes on Lots 1-3, providing the impact on the site is no more sever that it would have been with the caisson and cantilevered homes. The grading plans previously submitted are not definitive nor is it in total compliance with the plan submittal requirements identified in the resolution. The City Engineer and Planner are comfortable in taking action on the request, but require the missing information to be submitted for review and approval prior to the issuance of any building permits. The rear elevation of the home plans by Caliber Builders show a sliding door at the basement level that will access into the back yard. It is assumed that the Builder will want to place some form of deck or patio in this area to allow limited use of the rear portion of the home. Only a minimal encroachment for a deck or patio should be allowed in this area consistent with the intent of the original approval and the conservation easement that protects most of the rear of this lot. Recommendation: Staff recommends the Planning Commission recommend approval of the requested 10 foot front yard variance to allow a home to be placed 10 feet from the right-of-way of Drummond Road. The facts of this case support a finding of practical difficulty. Staff further recommends that item 16 of Resolution 95-13 be modified to remove the requirement for caisson and cantilevered structures. The remainder of the condition should be amended to read: "Prior to issuing a building permit for Lots 1, 2, and 3, the developer shall submit a set of plans prepared by registered engineers and landscape architects for review by the City. The plans shall contain a detailed grading plan at a scale of not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an Planning Commission Minutes May 19, 1997 erosion control plan and a detailed landscaping plan. Additionally, the grading plan shall note all site features such as retaining walls and decks and appropriate details shall be provided. Also, complete plans for the proposed construction on Lot 3 consistent with the mentioned requirements shall be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shall be limited to the area extending eight feet to the rear of the proposed home. The applicant Fred Johnson was present along with Harry Nasset. Chair Michael opened discussion. Weiland mentioned his concern of what would happen to lots 7 & 8 later on. Would all of these lots be requesting variances? The idea of cantilever homes was good at the beginning, why not now? He listed several conditions in the original resolution that were now being changed. He stated he was against changing the style of the home on Lot 3, and also 1 & 2. Chair Michael clarified that there was two requests. One for a 10 foot setback and the other to change the style of house from cantilever to traditional foundation. Weiland wondered how the street vacation on Drummond did not happen and the vacation remained on the plans. Hanus stated the lot line goes through Drummond, but that portion of Drummond was never vacated. The front yard was discussed. The property has two street frontages and a 20' front yard setback is required to both streets. Voss was concerned with how this plan complies with the Comprehensive Plan. Sutherland stated it fits the residential zoning district and the development is consistent with the Comprehensive Plan and complies with the zoning ordinance. There is the practical difficulty with the area being steep. Reifschneider questioned how the slope would be maintained with a conventional house? Sutherland stated there would be several retaining walls erected to support the slope. Plans must be developed by a landscape architect and an engineer. These plans will be then reviewed and approved by the City Engineer and City Planner who is a certified landscape architect. Voss commented there 17 variances granted for this PDA. Sutherland stated there had been a considerable amount of discussion regarding this development and the developer had made the plans to appease the Commission's requests. Planning Commission Minutes May 19, 1997 Hanus stated there had been concern with erosion of the slope and the developer designed the area to suit this concern. Mr. Nasset stated that several cassions would be needed to support slope and home and that a full basement would be better. Sutherland stated the change to the resolution does allow conventional construction on Lots 1, 2 and 3, and the city planner and engineer.are comfortable with the conditions. Weiland stated he would like to see the plans for the retaining walls now that the foundation has changed and that this variance would affect lots 1 and 2 also. Chair Michael asked for a motion. MOTION by Voss, seconded by Reifschneider, to approve the requested 10 foot front yard variance to allow a home to be placed 10 feet from the right- of-way of Drummond road and to modify item//16 of Resolution 95-13 to remove the requirement for cassion and cantilevered structures. To amend the condition to say "Prior to issuing a building permit for Lots 1, 2, and 3, the developer shall submit a set of plans prepared by registered engineers and landscape architects for review by the City. The plans shall contain a detailed grading plan at a scale of not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an erosion control plan and a detailed landscaping plan. The grading plan shall note all site features such as retaining walls and decks and appropriate details shall be provided." Complete plans for the proposed construction on Lot 3 consistent with the above requirement shall be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shall be limited to the area extending eight feet to the rear of the proposed home. COMMISSION COMMENTS: Burma stated the resolution was passed by the Planning Commission earlier with the intention that that portion of Drummond Road would be vacated. He was concerned the second plan remained the same as the first, showing the vacation. Hanus asked what the impact would be changing plans from a cassion foundation to a full basement. Nasset commented that complications could arise with pipes freezing, heating problems and that eventually the owner would request to enclose the cassions to a full basement. Planning Commission Minutes May 19, 1997 Sutherland stated that many homes in Mound have been built into steep slopes. He mentioned Highland Blvd., Ridgewood Road and Denbigh Road. He stated that with the conditions as listed in the staff reconunendation, he was comfortable with the change from caisson to conventional construction. Hanus stated that the revised plans would be reviewed by the Planner and Engineer prior to issuance of any permits. Fred Johnson stated, as the builder, he had to guarantee the home for 2 years and that structurally, enclosing the pipes and basement would be better and keep soil in place. Glister stated that the Commission had approved the PDA as an entire package and did not like to redo here and there. Hanus asked if this changes the initial PDA and if a new public hearing would be required? Sutherland stated this was a minor change, he and Planner Mark Koegler had discussed this and, in their opinion, a new public hearing would not be required. Michael stated this change in setback and style only affect Lots 1, 2, and 3. This style of house would also add footage to the dwelling. The vote was called. Motion to approve the requested 10 foot front yard setback and to allow the style of dwelling to be changed to a full basement as opposed the cantilever/cassion style dwelling. All change in plans must be approved by the Planner, Engineer and Building Official. Landscape plans must be included as prepared by a certified landscape architect. The motion carried 4-3. Weiland, Michael and Glister voting nay. This item will be on the May 27, 1997 City Council Agenda. PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: May 14, 1997 SUBJECT: Variance Request (Front Yard) and Resolution Modification APPLICANT: Caliber Builders - Fred Johnson CASE NUMBER: 97-20 HKG FILE NUMBER: 97-5j LOCATION: 5100 Drummond Road EXISTING ZONING: Single Family Residential (R-1 A) COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is seeking approval of a front yard setback variance and modification of one of the conditions of the approval resolution for the Teal Pointe subdivision in order to construct a new home. The parcel in question is Lot 3, Block 1 of Teal Pointe which fronts on both a short street (Outlot A) and an unimproved portion of Drummond Road. Because of the location of the lot, it is required to observe a 20 foot setback off of Drummond Road. A 10 foot setback is being proposed, hence the variance of 10 feet. COMMENTS: When the preliminary plat for Teal Pointe was reviewed and subsequently approved, the developer proposed vacation of parts of Drummond Road (see Exhibit 1). In the course of the review of the preliminary plat, the fight-of-way was not vacated and the plat continued to identify an incorrect 10 foot setback from the Drummond Road right-of-way. Presumably, the plat was drawn assuming setbacks with the right-of-way having been vacated. As a result, Caliber Homes is seeking a 10 foot setback variance to allow a home to be placed 10 feet from the lot line. This case is very similar to a recent variance for Bradley White which was approved by the City Council. Variances can be granted on a basis of findings that either a hardship or practical difficulty exists. In this particular case, the requested variance is reasonable since the Drummond Road fight-of-way is likely to exist as open space in the future because of the steep terrain. Locating a home within 10 feet of the lot line does not compromise future use of the property for public purposes such as a trail access. Hardship in this case is probably more difficult to find than the existence of practical difficulty. The fact that Drummond Road east of Outlot A is likely to be held as perpetual open space and the fact that the new home does not compromise the future use of the public right-of-way are grounds for a finding by the Planning Commission that this case satisfies the existence of practical difficulty. 7300 Metro Boulevard, Suite 525, Minneapolis, Minnesota 55439 (612) 835-9960 Fax (612) 835-3160 Planning Report- Caliber Homes Variance Request May 14, 1997 Page 2 The second aspect of the applicant's request relates to the type of new home construction that can occur on this lot as well as Lots 1 and 2 of Block 1. Lots 1, 2 and 3 all intrude into a bluff area as defined by the Shoreland Ordinance. Because of the timing of this development relative to the adoption of Mound's shoreland standards, the approval resolution granted, "A variance from Section 330:1225, Subd. 4(B) to allow minimal fill for home construction on Lots 1, 2 and 3 within the bluff impact zone and/or bluff area." The resolution also stated, "Homes constructed on Lots 1-3 shall be caisson and cantilevered structures. Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans prepared by a registered Landscape Architect for review by the City. The plans shall contain a master plan, tree inventory, erosion mitigation plan and a landscaping plan which details tree and ground cover replacement." The idea of constructing caisson and cantilevered homes on Lots 1-3 was offered by the developer as a means to lessen the impact on the steep slope areas (see Exhibit 2). At this time, the current owner of Lots 1-3 is seeking to modify this clause in the resolution to allow the construction of traditional single family homes. Staff does not oppose traditional homes on the three subject lots providing that the impact on the site is no more severe than it would have been with the caisson and cantilevered homes. Grading and landscaping plans were submitted for Lot 3. While the information submitted is helpful, it is not definitive nor is it in total compliance with the plan submittal requirements identified in the resolution. The retaining walls shown do not match existing grades on the site and while a planting plan has been provided, the required tree inventory and erosion control plans were not submitted. Despite the missing information, both the City Engineer and I are comfortable in taking action on the subject request and requiring the missing information to be submitted for review and approval prior to the issuance of any building permits. The proposed house plan will require substantial grading along the front and side portions of the home as would have the caisson and cantilevered form of housing. The area at the rear of the home is of some concern since the caisson style houses did not propose any permanent improvements behind the rear wall of the home. The rear elevation of the home plans by Caliber Builders show a sliding door at the basement level that will access into the back yard. It is assumed that the builder will want to place some form of deck or patio in this area to allow limited use of the rear portion of the home. Only a minimal encroachment for a deck or patio should be allowed in this area consistent with the intent of the original approval and the conservation easement that protects most of the rear of this lot. Staff and the Planning Commission have typically defined minimal encroachment for a deck or patio to be approximately 8 feet. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the requested 10 foot front yard variance to allow a home to be placed 10 feet from the right-of- way of Drummond Road. The facts of this case support a finding of practical difficulty. Planning Report - Caliber Homes Variance Request May 14, 1997 Page 3 Staff further recommends that item 16 of Resolution 95-13 be modified to remove the requirement for caisson and cantilevered structures. The remainder of the condition should be amended to read: "Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans prepared by registered engineers and landscape architects for review by the City. The plans shall contain a detailed grading plan at a scale of not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an erosion control plan and a detailed landscaping plan. Additionally, the grading plan shall note all site features such as retaining walls and decks and appropriate details shall be provided." Complete plans for the proposed construction on Lot 3 consistent with the above requirement shall be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shall be limited to the area extending eight feet to the rear of the proposed home. McCombs Frank Roos Associates, Inc. Telephone Conversation Report By: Client: Date: ~'- .7 Project: Time:/0: A.M./P.M. Project No.: File: Call To(~~ Title: Organization: Telephone: McCombs Frank Roos Associates, Inc. TeIeplwne Conversation Report Date: Time: ~-.: ~ A.M. Call To/~/~d.~'-',X~..~ .~j..~ Title' Client: Project: Project No.: File: Follow-Up Action: I R~-v. ~/89 .iii I 88:58 612-8~5-~160 HOISINGTON KOEGLER 968 P06 MAY 15 '97 88:51 EXHIBIT 2 I I January 24, 1995 RY_SOLUTION//95-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL, APPROVAL OF A PLANqqED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, LOT AND.STREET DESIGN VARIANCES, SHORELAND VARIANCES, AND FINAL PLAT APPROVAL FOR TEAL POINTE RESIDENTIAL DEVELOPMENT WHEREAS, the applicant has submitted an application for a major subdivision called Teal Pointe in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota Sate Same and all proceedings have been duly conducted thereunder, and WHEREAS, the project submitted for approval is substantially unchanged from the project that received preliminary plat approval by the Mound City Council on February 9, 1993 (Resolution 93-20) and final plat approval by the Mound City Council on May 10, 1994 (Resolution 94-65), and WHEREAS, the applicant's proposal includes a request for a Conditional Use Permit to establish Teal Pointe as a Planned Development Area ('PDA), together with a request for street design variances and variances from the bluff setback provisions of the Mound City Code, and WHEREAS, the Mound City Code allows the establishment of Planned Development Areas 'to provide a method by which parcels of land in the Residential Use Districts having unusual building characteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires a more unique and controlled platting technique to protect and promote the quality of life in the City', and WHEREAS, the City Council, on January 10, 1995, held a public hearing pursuant to Section 330:00 of the Mound City Code of Ordinances, to consider the approval of the Teal Pointe Subdivision located on property described as follows: Lots 2, 3, 4, 22, 23 and 24 Block 11, "WHIPPLE'; That part of Lots 13 through 21, inclusive, Block 10, 'WHIPPLE," and that part of Lot 1, Block 11, in said plat, together with that pan of vacated Cobden Lane, as dedicated in said plat lying North of the Westerly extension of the South line of said Block 10, also together with that part of the North half of vacated Drummond Road as dedicated in said plat lying East of the Southerly extension of the West line of said Block 10, all which lie Southerly of a line described as beginning at the Northwest comer of said Lot 1; thence on an assumed bearing of East along the North line of said Lot 1 a distance of 22 14 January 24, 1995 feet; thence South 41 degrees 59 minutes 14 seconds East, 26.91 feet; thence South 44 degrees 03 minutes 39 seconds East, 43.14 feet; thence South 50 degrees 21 minutes 21 seconds East, 45.45 feet; thence South 51.degrees 20 minutes 25 seconds East, 19.21 feet; thence South 50 degrees 28 minutes 39 seconds East, 51.86 feet; thence South 68 degrees 11 minutes 55 seconds East, 43.08 feet; thence South 80 degrees 04 minutes 26 seconds East, 40.61 feet; .thence North 75 degrees 57 minutes 50 seconds East, 41.23 feet; thence North 78 degrees 41 minutes 24 seconds East, 40.79 feet; thence on a bearing of East, 40 feet; thence South' 47 degrees 43 minutes 35 seconds East to the South line of said Lot 21, Block 10; thence East to the Southeast comer of said Lot 21; thence South along the extension of the F-~st line of said Lot 21 to the centerline of vacated Drummond Road and there terminating. ALSO Lots 1 to 26 inclusive, Block 15, and Lots 1 to 26, Block 16, ~WHIPPLE"; That portion of vacated Windsor Road, dedicated to the public in the plat of "WHIPPLE~ as Windsor Place, which lies Easterly of a line drawn from the Northwest comer of Lot 13, Block 16 to the Southwest comer of Lot 14, Block 15, and Westerly of a line drawn from the Northeast comer of Lot 1, Block 16 to the Southeast comer of Lot 26, Block 15, said addition, That portion of vacated Drummond Road, dedicated to the public in the plat of "WHIPPLE,' which lies South of the centertine thereof, Easterly of a line drawn from the Northwest comer of Lot 13, Block 15 to the Southwest comer of Lot 14, Block 10, and Westerly of a line drawn from the Northeast comer of Lot 1, Block 15, to the Southeast comer of Lot 26, Block 10, said addition, and WHEREAS, the Planning Commission and City Council have studied the practicability of the preliminary plat, the planned development area, the variances, and the final plat taking into consideration the requirements of the City, giving particular attention to the arrangement, location, width of streets, their relation to topography, floodplain, wetlands, water supply, sewage disposal, drainage, lot size and arrangement, the present and future development of adjoining lands and the requirements of the Zoning Ordinance and other official controls, and WHEREAS, the street variances for Drummond Road and Windsor Road will facilitate the construction of street extensions that will match the grade of the existing paved streets, and WHEREAS, the proposed subdivision as conditioned is consistent with the Comprehensive Plan, and WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated subject to the conditions imposed herein, and 15 January 24, 1995 WHEREAS, the applicant prepared an Environmental Assessment Worksheet (EAW) for the project, the project was modified to reflect information collected dhring the preparation of and comment period for the EAW and the Mound City Council acting as the RGU determined that an Environmental Impact Statement (ELS) was not warranted for the project, and WHEREAS, the Indian .Affairs Council has reviewed the project as part of the Environmental Assessment Worksheet and has given their approval, and WHEREAS, the City has considered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations, and WHEREAS, adequate utilities, access roads, drainage and other necessary facilities as required by the City subdivision regulations are being provided, and WHEREAS, the proposed use is consistent with the existing land use in the area, and WHEREAS, the proposed use is consistent with the Comprehensive Plan and the purposes of the Zoning Code and the purposes of the zoning district, and WHEREAS, the applicant's property is exceptional in that it is irregularly shaped and has unusual topography, and WHEREAS, the applicant's property is covered with mature trees and mature vegetation which when coupled with the unusual shape and topography of the site requires some variation from the literal interpretation of the street design requirements of the Zoning Code to allow the preservation of existing trees and vegetation to the maximum extent practicable, and WHEKEAS, due to the shape of the parcel, existing topography and existing vegetation, a variation from the requirements of the bluff setback provisions of the Zoning Code will allow the distribution of home sites throughout the property avoiding a concentration of homes on the peninsula area off of Windsor Road, and WHF_.R~AS, the variances requested are the minimum variances necessary to alleviate the practical difficulty created by the shape and topography of the site and to facilitate the preservation of existing vegetation, and WHEREAS, the granting of variances will not confer upon the applicant any special privilege that is denied owners of other lands in the same district, and WHEREAS, the granting of variances would not be materially detrimental to the purposes of the Zoning Ordinance or to property in the same zone, and 16 lanuary 24, 1995 Wl:Pg~RI*JA, S, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW TI:IElll~.FORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Preliminary Plat approval, Final Plat approval, approval of issuance of a Conditional Use Permit to establish a Planned Development Area including the designation of Outlot A as a private street and the following variances: Street frontage variances for L~ts 1'-3 which will front on an extension of Drummond Road. Lot 1 requires a 36 foot variance, Lots 2 and 3 each require a 20 foot varianCe from the 60 foot minimum frontage standard. Lot width variances for Lots 2 and 3. Lot 2 requires a 6 foot variance and LOt 3 requires a I7 foot variance from the minimum 60 foot width requirement. A variance from Section 330:1225, Subd. 403) to allow minimal fill for home construction on Lots 1, 2 and 3 witt'2n the bluff impact zone and/or bluff area. A 220 foot variance from the maximum 500 foot cul-de-sac length on Windsor Road. A 10 foot variance from the required 50 foot fight-of-way width for Windsor Road and a 10 foot variance from the required 50 radius cul-de- sac bubble on Windsor Road. A 5 foot variance from the 40 foot standard on the paved area of the cul- de-sac bubble and a 4 foot variance from the standard 28 foot street width, both on Windsor Road. A variance on lots 1-3 from the bluff area setback requirements of the Shoreland Management Ordinance section 350:1225. · A 5 % street grade variance from the maximum 8 % on Windsor Road. are hereby granted subject to compliance with the following requirements and those found within the City Engineer's memo dated December 7, 1994: 17 ~anuary 24, 1995 The preliminary plat drawings labeled as Exhibit A and the final plat drawings labeled as Exhibit B are hereby incorporated into this Resolution and all improvements shall be as shown on the plans or as modified under the approval of the City Engineer. The Homeowner's Association documents labeled as Exhibit C are hereby incorporated into this Resolution. The Conservation Easement labeled as Exhibit D is hereby incorporated into this Resolution. The Developer shall secure and provide the City with a copy of a stormwater permit from the Minnehaha Creek Watershed District prior to the City releasing the final plat. The Developer shall secure and provide copies to the City's Building Official of all required reviews and permits from the Minnesota Department of Health and the Minnesota Pollution Control Agency prior to beginning construction. The Building Official will not authorize construction until permits are secured. Prior to the City releasing the final plat, the Developer shall sign a development contract with the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within 280 days of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of $155,000 (!25% of estimated construction costs) as per plans approved by the City Engineer. Outlot B as shown on the preliminary plat shall be dedicated to the City of Mound. The Developer shall furnish the City Attorney with all necessary information and assistance to transfer Ouflot B to the City. This transaction shall be completed prior to the City releasing the final plat and shall be filed at the same time the plat is placed of record. The City Attorney shall examine title to the property and shall render a title opinion to the City showing the ownership status of the property prior to filing. The applicant shall provide the City Attorney a current abstract or register of property abstract for Teal Pointe. Out. lot A shall be limited in use to a private street and utility extension of Drummond Road to serve Lots 1, 2 and 3. An undivided ~,5 interest in Ouflot A shall be conveyed to each of Lots 1, 2 and 3 and bound to those parcels in the property tax records. It is further understood that all tax parcel descriptions shall include the individual lot and the 1/3 undivided interest in Outlot A and this may not be divided off in the future. 18 10. 11. 12. 13. 14. 15. 16. 17. 18. January 24, 1995 The plat shall be filed with Hennepin County within one hundred eighty (180) days of the City Council approving the final plat. If the plat is not filed within that time period, it shall become null and void. The cost of constructing all the public utilities in Windsor Road and in any other portion of the plat shall be born~ by the developer, including a sanitary sewer pumping station design approved by the City Engineer. Street and Utility plans prepared by the developer shall indicate grades which accommodate pedestrian access through the Cobden Lane right-of-way. Plans are to be submitted to the City Engineer for review and approval prior to the City releasing the final plat. A Homeowner's Association shall be established' for all lots within the subdivision according to the homeowner's documents attached as Exhibit C. All these documents shall be reviewed and approved by the City Attorney. The retaining wall proposed along Windsor Road shall be constructed using a stone-faced modular block retaining wall system or other stone retaining wall system. Color, material and construction drawings shall be approved by the City Engineer prior to the City releasing the final plat. Sanitary sewer service for Lots 1, 2 and 3 shall be provided by private individual lift pumps with the forcemains combined into one common line located in Outlot A. This private line shall discharge into the public system located in Drummond Road. The maintenance and/or replacement of these lift stations shall be the responsibility of the owners. The City shall not have responsibility for the maintenance or replacement of the lift stations. Homes constructed on Lots 1-3 shall be caisson and cantilevered structures. Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans, prepared by a registered Landscape Architect for review by the City. The plans shall contain a master plan, tree inventory, erosion mitigation plan and a landscaping plan which details tree and ground cover replacement. Impervious cover on individual residential lots shall be limited to no more than 30% of the lot area. Building permits or Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Fire Chief and Building Official. 19 January 24, 1995 19. The MP~A's Best Management Practices * subsequent management of the property. shall be applied to the development and 20. 21. Park dedicatiOn in the amount of $500 per lot totaling $4,500 is to be paid prior to the City releasing the final plat.- Any outstanding cash balance in the escrow account plus an additional $2,500 necessary to cover engineering, planning, legal and administrative fees shall be deposited with the City prior to the City releasing the final plat. BE 1T FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code of Ordinances. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Hanus, Ahrens, Jensen, and Jessen. The following Councilmembers voted in the negative: Polston. Mayor Attest: City Clerk 2O VARIANCE APPLICATION CITY OF MOUND APR 2 O 199}' 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 APE 2 9 CITY OF MOUND i.32i6~6[icliti6fi ~ F~e~: r/i i$~.100.00 (FOR OFFICE USE ONLY) / ~9~ r-~ °C Planning Commission Date' -JCt/~< ~ ~ /~ Case No. 0 City Council Date: .)¢~ '~& ~/ ~ 7 Distribution: City Pla~er DNR City Engineer Public Works S~ECT Address ~1o o ~o~o~o J~& PROPERTY Lot LOT 3 (ALSO AFFECTs LOTS 1 8 2~ Block LEGAL Subdivision ~ ~ o DESC. PID*2¢ II~Z+I~OZ~I~~ ~o o~3~ Plat// ZONING DISTRICT R-1~R-1)) R-2 R-3 B-1 B-2 B-3 PROPERTY Name ~ ~ ~ %~~ v ~ ~ 5 {~ ~ OWNER Address ~ (O ~~ ~  Phone (H) 4~- [ ~ ~0 (W) .(M). W ~0 APPLICANT Name ~_~'v ~o~ ~a ~ (IF OTHER Address ~&-~ ~ THAN Phone (H) (W) (M) OWNER) Has an app!ication ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, 1~[ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. 2. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application, P. 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 (), Nofi~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: Front Yard: Side Yard: Side Yard: Rear Yard: Lakeside: ( (NSEW) (NSEW) (NSEW) : (NSEW) Street Frontage: Lot Size: Hardcover: REQUIRED REQUESTED (or existing) VARIANCE fl. ft. ft. ft. ft. ft. ft. ft. ft. fl. ft. ft. ft. fl. ft. ft. fl. ft. sq ft sq fl sq ft sq fl sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~5, No (). If no, specify each non-conforming use: Please Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? '(~-,)4oo narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape describe: ( ) soil ( ) existing situation ( ) other: specify · l~q OI (Rev. 1~14~97) Variance Application, P. 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes 0ID, No (). If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~5. If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes.,~ NodK,). If no, list some other properties which are similarly affected? , Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Applicant's Siffnature ,' (Kev. 1/14/97) Date Date 03/27/97 12:17 FAX CIT~' OF ~O[:ND ~001 CITY OF MOUND HARDCOVER CALCULATIONR (IMPERVIOUS SURFACE COVER,A~-E) iPROPERTY ADORE-sS.. --~ ,~ ~ OWNER'S NAME' /~.,~,....~-¢-~-r-z.--R_ .... : .,--,, ,;.-,.- ',' LOT AREA I o I~ SQ. FT, X 30% = (for all lots) .............. LOT AREA SQ. FT'. X 40% = (for Lots of Record-) ....... LOT AREA SQ, FT. X 15% = {for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 3S0:1225,Subd. 6. B. 1. (see back). A plan must be submi~ed and aPl~roved by the Building Official. HOUSE DETACHED BLDG$ (GARAGE/SHED) LENGTH WIDTH SO FT X = X = TOTAL HOUSE DRIVEWAY, PARKING AREAS, $1DEW___.~ALKS, ETC, X = "~'~ X ~. ,.C.- = TOTAL DETACHED BLDG$ ................. I T:::,x 7_0 = ~ ~o 4 X ~ = TOTAL DRIVEWAY, ETC .................. TOTAL DECK TOTAL OTHER X = X = ~ DECKS Open decks (1t4," min. openin~ bot~ve®n board~) with Oer~iOuS sur[ace under are not CoUnted ee herdcover OTHER TOTAL HARDCOVER / IMPERVIOUS SURFACE ~OVER (indicate difference) .................... G Teal Pointe 1 O~95 All in Block 1 PID ~-117-24 12 0 Lot 1 (231) Lot 2 (232) Lot 3 (233) 5108 5104 5100 Drummond Road Drummond Road Drummond Road Lot 4 (234) Lot 5 (235) Lot 6 (236) Lot 7 (237) Lot 8 (238) Lot 9 (239) 5O9O 5O80 5070 5060 5065 5075 Windsor Road Windsor Road Windsor Road Windsor Road Windsor Road Windsor Road 14 DRUI,,L4OND RD WINDSOR RD :'. ~, 40 K) 40 4Q 40 40 40 40 40 40 18% ..L. 4~ ,L 146 I -~-,-~-;-~-F~r r ~ 7,~, ~. ~ ~ ' 8 ~ 4 ~ J" · - , 5' I..3-!"Z', -,~lr ' . ] .... " ..... , ] ,'" '~': ~o ! '.o , 4~ .... "~7 - T .... '1-- (~"L'~I O. 14 I~.09 9. I.'" 7' OUTLOT B '~- ~ 4,.6~.:. t / 37. §1:-' ri I I- TEAL I--'0 PRELIMINARY Pl TEAL POINT DEVE IN BLOCKS I0, I' WATERBURY ROA~' ;7 TEAL POINT DEVELOPMI~ City of Mound Park and Open Space Commisston June 12, 1997 Page 3 REQUEST TO SELL CONCESSIONS AT MOUND BAY PARK DEPOT - WESTONKA HELPING YOUTH - SUE CATHERS. Cathers discussed the desire to have Mound area youth sell concessions at the Mound Bay Park Depot. Casey asked what will be sold. It was noted candy, pop, and ice cream will be sold. Casey asked where the money will go. Cathers stated profits would be shared among the workers as their pay. Casey asked what the Family Service Collaborative is. Cathers stated it is a group which has met which has received a grant. It helps youths and families in the West Tonka area. Pederson asked if when no one else customers to find the Depot will be rented. Cathers stated it is reserved for five Wednesdays is using it, and fees were waived. Pederson asked the kids to listen to their out what is needed in the park. Cathers noted the Collaborative will be donating money for a refrigerator and freezer. Faclder questioned where it would be located. He asked how many supervisors would be on staff. Cathers stated 1-2 supervisors would. She stated there would always be an adult present. She noted it would be a place for teens to hang out. Fackler was concerned about adult supervision and the possibility more would be needed. He suggested starting out heavy. Pederson asked if a damage deposit will be required. Cathers stated it will not. Pederson was concerned about the phone. Fackler stated it is always lighted and is operated at a loss. Casey asked about requiring a damage deposit. Fackler stated many of the non-profit organizations are not required to pay the damage deposit. Weycker stated a deposit could be paid if required. Casey asked if other non-profit organizations are able to use the Der)or for fundraisers. Faclder stated many of the local groups have used it in the past. Weycker stated the group could go under the School Board if non-profit status is required. Casey was concerned about other groups for profit wanting to sell items from the Depot. Meyer believed the goal is to find a safe place for kids to have something to do. He stated a lot of money isn't involved. Weycker stated the Park Commission could determine on a case-by-case basis whether a use would be allowed. She believed this group is a community service group, and fees will be waived. Casey discussed the difference between non-profit and for-profit organizations. Weycker suggested the kids receive a stipend for working, and other monies could be earmarked for a special project. Motion by Casey, seconded by Weycker to approve the request and the fees be waived and that the net proceeds from the sales of concessions be distributed for a charitable purpose. Motion carried unanimously. 2415 Wilshire Blvd. Mound, Minnesota 55364 June 7, 1997 Mayor Bob Polston Mound City Council 5341Maywood Road Hound, MN 55364 Honorable Mayor and City Council, I am writing this letter in regard to Council discussion in the matter of a proposed Burn Ordinance in Mound. As I understand it, Council had questions as to whether or not such an ordinance is needed. It is my opinion an ordinance is needed to restrict the Open Burning that is taking place frequently in our coverage area. I am submitting a list of calls in the last 2 1/2 years that relate to recreational and illegal burns. These calls are costly to the taxpayers and tend to deteriorate morale of Fire Fighters. I understand that a local law officer (Highway Patrol) suggested to Council Member Hanus, there is no need for such an ordinance. I would like to invite this individual to leave his family or work and respond with the Fire Fighters on these calls. Perhaps seeing the issue first hand would create a better understanding of the situation. We at the Fire Department are not adverse to families enjoying a recreational fire, on their properties. We are concerned about the increase of illegal and potentially dangerous burning that is taking place in our community. I would not waste Council time if I did not feel this matter required their attention. Respectfully Submitted, Stephen C. Erickson Mound Fire Chief SOE/jb 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 37 39 40 ~ 41 ~2 DATE TIME (~) 6/15/97 6/15/97 6/lO/97 6/9/97 6/8/97 6/07/97 6/07/97 6/02/97 6/02/97 6/01/97 5/31/97 5/31/97 5/30/97 5/25/97 5/19/97 5/17/97 5/17/97 5/17/97 5/17/97 5/16/97 5/16/97 5/16/97 0947 0037 1032 2129 2309 2243 1213 1940 1832 1913 2051 1308 2211 0840 2136 0027 2317 1900 1523 2342 2118 2116 4863 DONALD DR. ILLEGAL BURN AREA OF ARBOR LN - SOME KIND OF FIRE/REC. 4900 BL OF SHORELINE/SMOKE IN AREA 3115 BROOKS LN - FIRE IN PIT 5926 BEACHWOOD LN - BON FIRE 4945 N ARM DR - LGE FIRE IN WOODS/PERMIT 4880 ISLANDVIEW DR. - FIRE IN YARD/PERMIT 1861 COMMERCE BLVD. - FIRE IN WOODS 1801 COMMERCE BLVD. - GRASS FIRE 3560 IVY PLACE BON FIRE OUT OF CONTROL 3207 ROXBURY LANE/ILLEGAL BURN 1920 LAKESIDE LN. HAS PERMIT 5100 WINDSOR RD. ILLEGAL BRUSH FIRE TREE ON FIRE - ILLEGAL BURN ORONO BON FIRE - ILLEGAL BURN ORONO POSSIBLE HOUSE FIRE - REC. FIRE IN BACK YARD- SP TREE FIRE - ILLEGAL BURN -MTR UNKNOWN FIRE FLAMES ABOVE TREES - MTR 4994 MANCHESTER - BRUSH FIRE - NO PMT HEAVY SMOKE IN AREA - PMT BURN TO BIG BON FIRE - CANCEL ORONO 4921 DRUMMOND RD - BON FIRE ILLEGAL BURN 516197 513197 511197 4/28/97 4~28/97 4/26/97 4/26/97 4/25/97 ~1/97 4/20/97 4/19/97 4/19/97 BRUSH 4/16/97 4/14/97 4/12/97 5/15/97 2116 1920 LAKESIDE LN ILLEGAL BURN (NEIGHBOR COMPLAINS ALL THE TIME ON THEM FOR REC FIRE EVERY WEEK END AND ALL HOURS) 1141 4816 LONGFELLOW- POSSIBLE GRASS FIRE - ILLEGAL BURN 1639 1737 CANARY LANE - BURNING LEAVES & BRUSH / CANCEL 1946 4628 ABERDEEN RD - ILLEGAL BURN/HOSTILE SITUATION !922 4628 ABERDEEN RD - ILLEGAL BURN 1700 FIRE BEHIND GRANDVIEW/ANTHONY'S-GRASS UNKNOWN 2342 4760 ISLANDVIEW DR/WOODS ON FIRE - UNKNOWN 0841 4320 ENCHANTED DR - POSSIBLE ILLEGAL BURN-HTR 1503 5901 SUNNYFIELD GRASS FIRE -CARELESS SMOKING HTR 1444 OLD BEACH RD - GRASS/SWAMP FIRE -ORONO 1435 3207 DEVON LN - REC FIRE 2108 1640 HERON LN - ILLEGAL BURN /REC. FIRE 2041 4665 WEST BRANCH RD - GRASS FIRE OWNER STARTED 2016 1608 1543 GRASS FIRE 4/12/97 1421 3/31/97 1823 3/24/97 2338 3073 INVERNESS RD - ILLEGAL BURN/WARNING 1520 WESTWOOD DR. LARGE FIRE THREATENING BLDG. HTR BARTLETT & WESTEDGE - JUVENILE SMOKING STARTED 3100 ISLANDVIEW DR - ILLEGAL BURN / REC. FIRE 1709 DOVE LN - BURNING IN BACK YARD / REC, FIRE FLAMES SEEN ACROSS LAKE - LGE REC FIRE ORONO DATE TIME (2) 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 5O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 11/2/96 1257 10/26/96 2359 10/26/96 1527 10/19/96 1419 10/18/96 1647 10/15/96 2027 10/15./96 1934 10/14/96 1814 10/14/96 0108 10/6/96 1745 9/16/96 2203 9/1/96 1018 8/26/96 1955 8/18/96 1335 8/16/96 1323 8/7/96 2033 8/3/96 1553 7/28/96 2100 7/27/96 2O20 7/20/96 2142 7/15/96 2142 7/6/96 0014 6/25/96 2046 6/13/96 1352 6/9/96 1753 6/8/96 225O 6/5/96 1457 5/28/96 1553 5/27/96 1622 5/25/96 2335 5/9/96 2012 4/28/96 2003 4/28/96 1710 4/27/96 2011 4/24/96 1843 4/23/96 18t0 4/23/96 i752 4/23/96 1207 4/20/96 1855 4/19/96 1301 4/13/96 !236 3/21/96 1446 3/15/96 1701 2757 ANGELSELLY RD - BURNING LEAVES 3022 NORTHVIEW RD - BURNING LEAVES - MTKA B 5985 GAME FARM RD - ILLEGAL BURN MTR 1706 RESTHAVEN LN - ILLEGAL REC FIRE 3465 LYRIC AVE LEAF FIRE/GRASS ORONO 2500 SHADYWOOD SMOKE IN AREA/FIRE IN WOODS 6155 HILLSDALE DR - ILLEGAL BURN, TICKETED MTR 4440 LAMBERTON - GRASS FIRE/JUVENILE'S STARTED 3455 SHORELINE - ILLEGAL REC FIRE 2238 COMMERCE - GRASS FIRE LGE FIRE - RR TIES,GARBAGE - MTR WAS TICKETED 4964 EDGEWATER DR., WOODS ON FIRE/DUMPED HOT ASHES 5700 LYNWOOD - REC FIRE - CANCEL 4425 NORTH SHORE DR - BURNING SHINGLES/TAR PAPER PERI'Ii7 BURN OUT OF CONTROL- HTR 3054 BRIGHTON ILLEGAL BURN 6625 GAME FARM RD - ILLEGAL BURN 5070 BAYPORT RD BRUSH FIRE/CANCEL 585 CLARENCE AVE-BRUSH FIRE-NO PMTS/ MTR 1665 BLUEBIRD LGE REC FIRE 6256 LYNWOOD BLVD - ILLEGAL BURN EAGLE LN & THREE PTS BLVD. SMOKE IN AREA 1585 GULL LANE ILLEGAL BURN/OK REC FIRE 4787 SHORELINE - GRASS FIRE SP PK 1665 BLUEBIRD - BURN tLLEGAL 5710 SUNSET SMOKE IN AREA/UNKNOWN 6200 ROBIN LN HAY FIRE ALONG RR TRACKS 3670 SHOREL I NE DR, BURN HAZ MATER I AL ORONO 3472 LYRIC REC FIRE ORONO 205 CTY RD 19 ILLEGAL BURN MTR CTY RD 26 & MEADOWVIEW - GRASS MTR GRASS FIRE - SWAMP KIDS 775 APPLEGARDEN RD -BURNING RUBBISH OUT OF CONTROL 2541 LAKEWOOD LN - GRASS - LGE REC. FIRE 2614 CLARE LN - BURNING LEAVES 3600 NORTHERN RD BURNING LEAVES 3640 LYgliC WOODS ON FIRE 2869 TUXEDO GRASS F I RE 705 CTY RD 19 PMT OUT OF CONTROL MTR 275 MEADOWV I EW DR. ILLEGAL BURN MTR · 4700 WlLSH!RE BLVD. BURNING TRASH ~600 WESTEDGE BRUSH FIRE 705 CTY RD 110 POSSIBLE BRUSH F IRE/REC FIRE '2/26/96 2'215 5229 SHORELINE DR SMOKE IN AREA, ILLEGAL BURN DATE TIME 87 1/28/95 2111 88 1/24/95 1455 89 1/19/95 1656 90 1 / 16/95 2004 91 3/25/95 1824 92 3/24/95 903 03 3/22/95 1510 04 4/23/95 2053 05 4/14/95 1937 96 4/13/95 1823 97 4/10/95 1712 98 4/2/95 2103 99 4/1/95 1014 100 5/21/95 2106 101 5/21 /95 1755 102 5116/95 1855 103 5/15/95 2302 104 5/14/95 2122 105 5/12/95 ~,633 106 5/9/95 2049 107 5/7/95 !637 108 5/5/95 2349 109 5/5/95 'i 837 110 6/15/95 1326 111 6/2/95 1941 112 7/22/95 1842 113 7/22/95 1841 114 7/11/95 2103 115 7/9/95 106 116 8/20/95 1543 117 8/19/95 1956 118 8/18/95 231 1 119 8/15/95 2052 120 8/14/95 2123 121 8/'14/95 1922 122 8/9/95 4550 123 8/2,/95 2115 124 8/3/95 16 '12 125 10/26/95 1414 126 10/1F,/95 4908 I 0 ,' 'i ~/.o,~ 1440 127 128 i0/1/95 t9'12 (3) 3200 ISLANDVIEW DR. BURNING ILLEGAL 5842 GRANDVIEW BLVD. BURNING ILLEGAL 4732 MANCHESTER RD, UNKNOWN FIRE IN YARD - KIDS 110 RIDGEWOOD COVE - BURNING GARBAGE ILLEGAL WESTEDGE & NORTHERN SEEN FLAMES - NOTHING 4375 ENCHANTED POINT - PERHIT BURN 2737 TYRONE LN, FISH HOUSE LANGDON LAKE GRASS FIRE - PERMIT BURN,REC. FIRE 6500 AREA CTY 15 - GRASS FIRE ILLEGAL HTR 5028 SHORELINE GRASS FIRE ILLEGAL THREE POINTS & SUMACH - BRUSH FIRE ILLEGAL BON FIRE - ILLEGAL SHADY iSLAND - PERMIT BURN 6400 SUNNYFIELD - PERMIT BURN HTR 3200 BL OF CASCO CIR. TREE FIRE~ ORONO\ AREA OF 3100 DEVON - ILLEGAL BURN ENCHANTED DR & HIGHLAND CIR - ILLEGAL BURN 17~9 WtL. DHURST UN -SMOKY REC FIRE WARNING AREA "~75 CTY RD i= ~,., - LGE GRASS FIRE 7600 WOODEDGE RD - PERMIT BURN LARGE LAKEViEW GOLF - KiDS STARTED LGE FIRE BEHIND 6470 BARTLETT FIRE IN PIT UNOCCUPIED HANOVER & ROANOKE - LEAVE FIRE 2300 BAYVlEW PL GRASS FIRE ORONO ILLEGAL 4900 SHORELINE 0 HEAVY SMOKE - CANCEL~ 4878 EDGEWATER DR - GRASS FIRE 3455 SHORELINE GRASS FIRE 1700 SHOREWOOD AREA LGE SMOKE IN AREA 1615 EAGLE LN BON FIRE 4665 WEST BRANCH BRUSH FIRE - ILLEGAL 1754 HERON UNATTENDED PERMIT FIRE TO LGE REC FIRE ILLEGAL 3730 CASCO AVE - PERMIT BURN 6365 WALNUT BURNING GARBAGE 5872 GLENWOOD RD - SMOKE IN AREA - REC. FIRE ENCHANTED LN - HOLISE FIRE- ILLEGAL BRUSH FIRE NORTFIERN RD & SANDY LN - TO LGE REC FIRE ENCHANTED DR & HIGHLAND CIR, ILLEGAL BURN 1920 LAKESIDE LN BURNING LEAVES ILLEGAL] DRUHMOND RD ILLEGAL BURN ,3060 iSLANDVIEW DR, ILLEGAL BURN OF LEAVES AVON DRIVE & GLENDALE SHOLDERING WOOD CHIPS PROPOSED ORDINANC£ AMENDMENT ORDINANCE NO. -1997 AND ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF THE CITY CODE RELATING TO RECREATIONAL FIRES The City of Mound Does Ordain: Section 235:27, Subd. 1 of the City Code is amended to read as follows: Section 235:27. Burning Restrictions - Burning Permit Required. Subd. 1. Open Burning Prohibited. It shall be unlawful for any person to start or allow to burn any open fire on any property within the City of Mound without a pt fo p i ed~ar~,ec~ g ~, ~^~;~ ...:~: ......... ~ c..~ permit, exce r su erv s or COO]~g re3 ........ ~ ......... P'l-' ........ '~ ~;~ ^" *'~-~' ...... -~'~-~dg"li'~reinaft n.,,o, v ............ ~, .... er defined. Exception: Recreational fires as defined by Minnesota Uniform Fire Code (recreational fire is the burning of material other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit and with a total area of 3' or less in diameter and 3' or less in height for pleasure, religious ceremonial cooking or similar purposes). Recreational fires are to be from 12:01 p.m. until 11:59 p.m. only unless written permission for exception is received from the Fire Chief or Fire Inspector. Only charcoal, coal, or clean, dry wood may be used for burning (no refuse, grass, leaves, yard waste or other combustibles). Recreational fires shall be at least 25' from any building and shall be supervised at ali times. The owner of any property upon which a recreational fire is started or ori~,inallv ignited, in violation of the provisions of this division shall be responsible therefor and shall be subject to penalties provided in this code, unless such owner can adduce proof that such fire was started by a stranger or trespasser. No permit shall be required for any official fire set by any public official as provided in Section 490: 20. ATTEST: Mayor City Clerk Adopted by the City Council - Publish in The Laker - ~ .ll . .Itl Mtnutes a. Mouna ctryacounctt - ~nay ~.*,'~,~/ "City Attorney, John Dean, felt that the resolution did not authorize what the intent was and therefore the City Council needed only to state that intent and approve it that way. MOTION made by Jensen seconded by Weycker to amend the Minutes of the April 22, 1997, Regular Council Meeting as amended above. The vote was unanimously in favor. Motion carried. 1.7 APPROVAL OF AN ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF THE CITY CODE RELATING TO RECREATIONAL FIRES 1545 Councilmember Hanus stated that he remembers addressing this about a year ago and what is being presented tonight is basically the same as then. He then asked why it is back? The City Manager explained that the Council did not taken action on this item before. This item has been reviewed by the Fire Dept. and the Police Dept. and now that Spring is here, they are saying we need to do something about this ordinance because there are all kinds of people lighting fires that are not in compliance with either the existing ordinance or one that they would like to see in place of it. What is being suggested and proposed are changes that were made before but some things were added, i.e. the total area of 3 feet or less in diameter and 3 feet or less in height; the time recreational fires would be allowed; and the distance from any building was originally 20 feet and what is being proposed is 25 feet. This would give more teeth to the Fire Chief and Police Dept. and regulate people's ability to light recreational fires. They are getting a lot of calls about these fires. Councilmember Hanus stated that he was against this last year and is still against this. He has a problem with some of the language in the Exception part of the proposed amendment, i.e. diameter and height restrictions and how that could be a prosecution problem; the time that recreational fires would be allowed. The Council then extensively discussed the proposed ordinance amendment as it relates to the following: 1. 2. 3. 4. what people are burning; the size of the fires; the time limitation for when people can burn; and the distance from any building that a person could have a recreational fire. The City Manager reported that this proposed ordinance amendment was based on other cities in the metro area and how they deal with recreational fires. This amendment has been reviewed by the Police Chief, Fire Chief and Fire Inspector and they all gather their approval or made the changes they felt were necessary. The City Attorney suggested that the wording, "Recreational fires shall be at least 25' from any building and shall be supervised at all times.", could be changed to read as follows: "Recreational fires shall be at least 25' from any building which is intended for human occupancy and shall be supervised at all times." The City Manager explained that the only intent of this ordinance amendment is to regulate recreational fires, open burning is still not going to be allowed. 4 Councilmember Hanus asked that the "not" in the first sentence of the Exception be deleted because he felt it says that a fire place, incinerator or barbecue pit are not a recreational fire, but they are open burning, therefore they do not meet the criteria under either the exception or the open burning which prohibited. The City Attorney stated that he also feels the "not" in the Exception should be deleted. MOTION made by Poiston to delete the word "not" from the Exception and the time frames in the proposed amendment. This motion died for lack of a second. MOTION made by Jensen to delete the work "not" from the Exception and revising the following sentence "Recreational fires shall be at least 25' from any building and shah be supervised at all times" to read as follows: "Recreational fires shall be at least 25' from any building intended for human occupancy and shall be supervised at aH times." This motion died for lack of a second. MOTION made by Hanus, seconded by Polston to leave the existing ordinance as is with the deletion of approved (His reason was that there is no criteria for approved fire rings.) and the addition of one sentence, as follows: Section 235:27, Subd. 1 of the City Code is amended to read as follows: Section 235:27. Burning Restrictions - Burning Permit Required. Subd. 1. Open Burning Prohibited. It shall be unlawful for any person to start or allow to burn any open fire on any property within the City of Mound without a permit, except for supervised recreational or cooking f'wes contained within ........ '~ fire rings, pits or barbecue grills. Only charcoal, coal, or clean, d~ wood may be used for burning (no refuse, grass, leaves, yard waste or other combustibles). No permit shall be required for any official fire set by any public official as provided in Section 490:20. The Council discussed this motion. MOTION made by Polston, seconded by Weycker to table this item. The vote was 3 in favor Jensen voting nay and Hanus abstaining. Motion carried. The Mayor asked that this item be sent back to Staff to come back with a report on why we are looking at this proposed ordinance amendment and what it is we are trying to accomplish and is it based on one complaint or a hundred complaints. This item will be brought back at the first meeting in June. FILE No. ~'0'1 06/']9 ~, J ,~, 'J 14:5.9 1D :?~'IlTH DRAi~T COOP~_.RATIVE for the City of Mound Wet Detention Ponds This Cooperative Agreement is mm:lc this __ day of ,1997, by and between the Minnehaha Creek Watershed District (hereinafter referred to as "MCWD"), a watershed district created pursuant to Minnesota Statutes Clmpt~ 103D; the City of Mound, (herein'&fter rets'red to as "City"), a municipal corporation under the laws of Minnesota. 1. Recitn£, and Statement of Purpose WHEREAS, thc MCWD and the City have identified a site in thc City described in Attachment 2 to this Agreement that is appropriate for use in controlling stormwater runoff; and WHEREAS, s~ormwater tributary to the identified site drains ti-om the City to Lake Minnetonk,'g and WHEREAS, the slam, water draining from the land to Lake Mitmetonka contains pollutants such as phosphorus and sediment which contribute to declines in water quality; and WHEREAS. the downtown development associated with the Los! Lake Carat Rehabilitation Project a_nd Auditor's R~ad Project and County Road 15 Redevelopment Project, which is expected to occur within an area of the City shown on the attached AttachmcntJ "Downtown Area," will require slam, water treatment with a wet de. talon pond(s) for individual projects or for combined properties located in the Downtown Area and served by a r~gion'~l facility; and WHEREAS. MCWD Rule B sets out the MCWD's policies and requirements relating to stormwater management for individual projects, specificalDy that a wet detention pond(s) for individual projects be constructed on-site where practicable and effective; and. FILE No. ~01 06/19 '97 15:00 ID:SKIITH F:N:WRKER 612 344 1550 PAGE 5 in compliance with applicable City ordinmice.s, ffthe City fails to provide specific comments within the 4S-day comment period, the de.~ign will be deemed approved by the City. Any disagreements between the City and the MCWD regarding thc design will be resolved through the dispute resolution process set forth in Paragraph 3 of this Agreement. The MCWD acknowledges and und------------------~tands that, once the City has acquired thc necessary land interests for the pond(s), thc I~ICWD will be obligated either to: l) comstruct the ponds to completion, and, if necessary, extend this agreement a sufficient time fi)r such purpose; or 2) pay to the City, au amount of money equal to thc/~es and c 'harges collected from the intended users of the pond(s). 2.1.2 In contracts tbr the design and/or construction of the wet detention ponds, any insurance coverages, warranties or indemmties which are intended for thc benefit of the MCWD shall also be extended tbr the benefit of thc City. 2. ! .3 Thc MCWD shall be responsible for thc operation and maintenance of thc wet detention pond(s) in accordance with the Maintenance Plan set forth as Attachment 3 to this Agreement. Thc MCWD s. haJl be solely responsible for maintenance costs incurred in carrying out the obligations outlined in the Maintenance Plan. _Nothing in this Agreement shall preclude t?_? MCWD and City from entering into an agency agreeme, n~ whereby some or all of t, he MCWD's maintenance activities are to be undertaken by thc City or othcrs~ 2.2 City of Mound Respon.qihilities 2.2.1 The City shall be respor~ible for obtaining the land rights to construct the pond(s) and access the pond(s) li)r maintenance, either through obtaining title to the land or obtaining aa cascmgrtt over the ltmd. Tile City s 'hall also provide an easement to the MCWD allowing construction of the pond(s) and long-term access to tho pond(s) for repair and maintenance. AThe City shall not be responsible for the exponditures of funds necessary for the acquisition of FILE No. L:'01 06/19 '97 15:00 ID:SMITH PI~RKER 61:D 344 1550 ponding areas which ar~ required because'the pond(s) is r~ceiving water from areas not within the Downtown Area.. 2.2.2 Within six (6) months from the date of this Agreement, the City shall develop and implem~,,nt a Best Management practices (BiVlP) Plan for the entire city to minimize pollutants entering storrnwster, including but not limited to: a. Periodic street and parking lot sweeping, including fall leaf removal; b. Encouragement of the city-wide use of non-phosphorus lawn fertilizers; c. Regular inspection and maintenance of existing sediment traps and basins; d. Regular inspection and maintenance of ouffall structures to ponds and lakes; e. Requirement or' and entbrcement of silt fence use on all surthce disturbm~ces due to gradins, maintenance and construction; f. Develop policies and disseminate information to its residents on a variety of B1VIP's relating to water quality, including but not limited to: > use or'non-phosphorus lawn fertilizer > proper yard waste disposal > protecting exposed soil t¥om erosion; g. Evaluate winter street snow removal storage Ibr impact on water resources and implement BMP's to prevent negative environmental pacts. 2.2.3 Ifa permit fi'om the City is needed for construction or maintenancc of' the pond(s), the City shall be responsible for acting on the MCWD's per,nit application in a timely manner and will aot require payment ti'om the MCWD tbr the permit or for any costs associated with the processing or reviewing the permit application.. 4 FILE No. 201 06/19 '97 15:00 ID:Si'IITH PARKER 344 1550 3. Dispute R~molutiou ' 3,1 In thc event that the MCWD and the City disagree as to the design of tho pond(s), or any other issue arising under this agreement, the parties will follow the dispute resolution procedures outlined in this section. 3.2 Each party agrees to make a good faith effort to resolve any disagreements at a stafflevel. This may include discussions among and between staff employed by the MCWD or the City and engineers, attorneys, or other consultants. 3.3 Ifany issue camlot be resolved at the stai~level, discussions will proceed between the Mayor and the President of the MCWD Board, with any resolution subject to any necessary ratification by the City Council and MCWD Board of Managers; 3.4 Any issue that cannot bc resolved 'after ne~Iotiafions between the parties will be resolved through binding arbitration. Tho arbitration will be conducted by a panel of three arbitrators, one selected by thc MCWD, one selected by the City and the final arbitrator selected by the arbitrators selected by the MCWD and the City. The MCWD and the City must select their arbitrator within one week of the filing by one party of notice of arbitration. The arbitration will be conducted pursuant to the rules of thc American Arbitration Association. The arbkration pwceeding must commence within 45 days of selection of the arbitration panel with a final decision ofth~ panel to be issued no later than/SO days from the date of selection of the panel. The parties agree to share equally the costs of the arbitration proceeding, including payment of lees to the arbitrators. Each parD' will be solely responsible for b't~rin§ its own cosls related to preparation and presentation timing the arbitral/on. 7 FILE No. L:K)I 00/19 '97 15:01 ID:SI~IITH PI~U(E~ 61P 344 1550 4. Renewal and Tormination of Agreement This Agreg~ment shall terminate on De~ember 31, 2007, but may be renewed tbr another five year term by written agreement of all of the parties hereto prior to such date. This Alinement may be terminated by either party upon mnety (.90) day advance written notice via registered mail, return receipt requested, to the parties identified in this agreement. S. Consideration for Rule B Contribution Th~e MCWD acknowledges that the undertaking of the City contained in par_agrap_h 2.7.. 1 c~onstitutes ~11 satisfa~ion of any contribution obligation found in paragraph 3(d) of Rule B .which might be placed on the City as_.d0¥eloper of'the Auditor's Road Pro~,ect 5. Amendments This Agreement may be amended only ia writing signed by all of the parties hereto. 6. Notico Notices to all of the parties to ttm Agreement shall be given by hand deliver or Fixst Class Mail addressed to the following representatives of each party to this Agreement: a) As to the MCWD: Minnehaha Creek Watershed District Ch'ay Freshwater Center 2500 Shadywood Road, Suite 37 Excelsior, MN 55331 Dated b) As to the City: City of Mound 541 Maywood Road Mound, MN 55364 ATTN: City Manager MINNEHAHA CREEK WATERSHED DISTRICT By its 6 FILE No. 201 08/19 '97 15:01 Dated ID:~ITH PIqRKER 612 344 15,50 Its City of Mound By its Mayor By Its City Manager 7 FILE No. 201 06x19 '97 14:59 ID:SMITH F:~ER ,% I, 612 3a4 1550 DRAFT COOPERATIVE AGREEMENT for the City of Mound Wet Detention Ponds This Cooperative Agreement is mndc this _ day of ,1997, by ~d between thc Minnehaha Creek Watershed District (hereinafter referred to ns "MCWD"), a watershed district created pursuant to Minnesota Statutes Chapter 103D; the City of Mound, (hereinafter retorted to as "City"), a municipal corporation under the laws of Minneso 'ts. I. Reeitakq and Statement of Purpose WHEREAS, the MCWD and the City have identified a site in thc City described in Attachment 2 to this Agreement that is appropriate for usc in controlling stormwater runoff; and WHEREAS, stormwater tributary to the identified site drains fi'om the City to Lake Minnetonka; and WHEREAS, the stomlwater draining from the land to Lake Mirmetonka contains pollutants such a~ phosphorus nnd sediment which contribute to declines in water quality; and WHEREAS, the downtown development associated with the Lost Lake Canal R. ehnbilitation Project n._nd Auditor's Road Project and County P~oad 1 $ Redevelopment Project, ,.which is expected to occur within an area of the City shown on thc attached Attachment. .[ "Downtown Area," will require stomlwater treatment with a wet detention pond(s) for individual projects or for combined propert/¢s located in thc Downtown Area and served by a ~gional facility; and WHEREAS, MCWD R. ul¢ B sets out thc MCWD's policies and rcquircmcnts relating to stormwater management for individual projects, specifically that a wet detention pond(s) for individual projects be constructed on-site where practicable and effective; aud, FILE ~do. ~20! 06/19 '97 15:00 ID:St~ITH ~ 612 3~ iS.SO WHEREAS, MCWD Rule B also acknowledges that then: may be occasions where it will be difficult to accommodate a wet detention pond(s) on an individual site, and in those cases the MCW-D may instead accept a contribution to a dedicated MCWD water quality/stormwater storage l~und in lieu of on-site requin:ments if there is 'also an agreement for a regional facitity in place with the affected municipality. NOW THEREFORE, IT IS MUTUALLY AGREED by and betweea the MCWD and the City that they enter into this Cool~rative Agreement in order to: a) document the understanding or,he parties as to the installation of regional stormwatcr detention facilities to serve the Downtown An:a and designed to meet National Urban Runoff'Program (NURP) performance standards for stormwater treatment ponds; b) reaffirm the commitment of each party as to thc general responsibilities and tasks to be undertaken by each pal'ty; and c) facilitate cornmunicalion and cooperation among thc parties to ensure successful completion and maintenance ora wet detention pond(s) to achieve the ultimate goal of maximizing the treatment capabilities of the thcilities. 2. General Responnibilitles to Parties 2.1 MCWD Resuonsibilifies 2.1.1 The MCWD shall be responsible for thc design, permitting and construction of a wet detention pond(s) on the site described in Attachment 2 to this Agreement required to provide mgional treatment for stormwater o_riginatine in the Downtown Area. The pond as designed must meet NIJRP performance standards. The MCWD will transmit the tired draft design to the City for review and comment. The City will have 45 days from receipt of the final draft design to provide excrements to the MCWD, including comments on whether the design is FILE No. 201 00/19 '9'-/ 15:00 ID:SMITH PARKER 612 344 1550 ~ 5 in compliance with applicable City ordinafice, s. fit. he City fails to provide specific commems within the 4S-day comment period, the design will be deemed approved by the CIE/. Any disagreements between the City and the MCWD regarding the design will be resolved through the dispute resolution process set t'orth in Paragraph 3 of this Agr~mcnl. The MCWD acknowledges and understands that, once the CiE/has acquired thc necessar3t land interests for the pond(s), thc I~ICWD will be obligated either to: ~) co~t the ponds to completion, and, if n~cessary, extend this agre~mc-~t a sufficient time fi)r such purpose; or 2) pay to the City, an amount of moncy equal to thc tBes and c 'harges collected from thc intended users of the pond(s). 2. [ .2 In contracts tbr the design and/or construction of the wet detention ponds, any insurance coverages, warranties or indemnities which are intended for thc bencfit of the MCWD shall also be cxt~nded for the benefit of the City. 2.1.3 The MCWD shall be responsible for the operation and maintenance of thc wet detention pond(s) ill accordancc with the Maintenance Plan set forth as Attachment 3 to this Agreement. Thc MCWD shall be solely responsible for maintenance costs incurred in carrying out the obligations outlined in the Maintenance Plan. Nothing in this Agreement shall preclude the MCWD and CiE/from enterin~ into an agency agreement whereby some or all o£ t__he MCWD's maintenance activities are to be undertaken by thc CiE/or others. 2.2 City of Mound Rest)onsibilities 2.2. I The City shall be responsible for obtaining the land rights to construct the pond(s) and access the pond(s) lbr maintenance, either through obtaining title to the land or obtaining an cas~,~ncnt over the lm)d. '[2~¢ City shall also provide an easement to the MCWD allowillg .... construction of the pond(s) and long-term access to thc pond(s) for repaLr and maintenance. Al'he City shall not be responsible for the expenditures of funds necessary for the acquisition of FILE h~. L:'O1 0~/19 '97 15:00 ID:~ITH F'~:~RKER 344 1,550 ponding areas which are required because'thc pond(s) is receiving wa~cr from ate. as not within the Downtown Ar~_ .. 2.2.2 Within six (6) months from the date of this Agreement, the City shall develop and implcrm.mt a Best Management practices (BMP) Plan for the entire city to minimize pollutants entering stormwmer, including but not limited to: a. Periodic street and parking lot sweeping, including fall lca.f remov~,l; b. Encouragement of the city-wide usc of non-phosphorus lawn fertilizers; c. Regular inspection and m~intcnance of existing s~liment traps and basins; d. Regular inspection and maintenance of ouffall structures to ponds and lakes; e. Requ/remcn! of and enibrcement of silt fence use on all surihce disturbm~ces due to grading, maintenance and construction; f. Develop policies and disseminate information to its residu'nts on a variety of BMP's relating to water quality, including but not limited to: ~- use of non-phosphorus lawn fei'tilizer > proper yard waste disposal > protecting exposed soil t¥om erosion; g. Evaluate winU:r street snow removal storage tbr impact on water resources and implement BMP's to prevent negative environmental pacts. 2.2.3 If a permit from the City is needed for construction or maintenancc of the pond(s), the City shaU be responsible for acting oa the MCWD's permit application in a timely manner and will not r~uire payment fi.om the MCWD tbr the p~mit or for any costs associated with the processing or reviewing the permit application.. 4 FILE No. It ~ I 1, ,1[ ,m~ i ~ , I, 201 06/19 '97 15:00 ID:S~ITH F~RKER 61~' 2A~ 1550 3. Dispute Resolution ' 3.1 In thc event that the MCW-D and the City disagrcc as to the design of thc pond(s), ur any other issue arising under this agreement, thc pa.r~ies will follow the dispute resolution procedures outlined in this section. 3.2 Each party agrees to make a good faith effort to resolve any disagteem~mts at a stafflev¢l. This may include discussions among and between staff employed by the MCWD or thc City and engineers, attorneys, or other consultants. 3.3 If any issue cannot be resolved at the stafflevel, discussions will proceed between the Mayor and the President of the MCWD Board, with ~y resolution subject to any necessary ratification by the City Council and MCWD Board of Managers; 3.4 Any issue that cannot be resolved 'ai:t~ negotiations between the parties will be resolved through binding arbitration. Tho arbitration will be conducted by a panel of three arbitrators, one selected by thc MCWD, one selected by the city and the final arbitrator selected by the arbitrators selected by the MCWD and the City. The MCWD and the City must select their arbitrator within one week of the filing by one party of notice of arbitration. The arbitration will be conducted pursuant to the rules of the American Arbitration Association. The arbitration proceeding must commence within 45 days of selection of the arbitration panel with a final decision of the imael to be issued no later than 60 days from the date of selection of the panel. The parties agree to share equally the costs of the arbitration proceeding, including payment of lees to the arbitrators. Each party will be solely responsible for bemring its own costs related to preparation and presentation timing the arbitration. 7 FILE No. 201 06/19 '97 15:01 ID:SrlITH Pfl~<ER 612 344 1550 4. Renewal and Terminatio~ of Agreement This Atffeernent shall terminate on December 31, 2007, but ma), be renewed for another five year term by written agreement of all of the parties hereto prior to such date. This Agreement may be terminated by either party upon ninety (90) day advance written notice via registered mail, return receipt requested, to the parties identified in this agreement. S. Consideration for Rule B Contribution T~e MCWD ackn0,wledges that the undertaking of the City contained in par_agrap_h 2.2. c~onstitutes full satisfaction of any contribution obligation found in , ,.,lc~agraph 3(d) o~f_~ule~B w. hich might be placed on the City as_developer of the Auditor's Road Proj, ect. 5. Amendments This Agreement may be amended only in writing signed by all of the parties hereto. 6. Notice Notices to all of the parties to the Agreement shall bc given by hand deliver or Fixst Class Mail addressed to the following representatives of each party to this Agreement: a) As to the MCWD: Minnehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road, Suite 37 Excelsior, MN 55331 Datcd b) As to the City: City of Mound 54t Maywood Road Mound, MN 55364 ATTN: City Manager MINNEHAHA CREEK WATERSHED DISTRICT By P~E 8 FIIF No. ~! 06/19 15:01 ID:~ITH Dated Its City of Mound By lts Mayor By Its City Manager 6la ~ 1550 FILE No. L::'O1 06/19 '97 15:01 ID:S~IITH ~ 612 344 1550 Attachment 3 MAINTENANC~ PLAN 1. The MCWD shall inspect the wet detention ponds once a year to determine if the ponds' retention and treatment characteristics are 'adequate. A pond will be considered inadequate it" sediment at the pond ouTfail interferes with the flow of stormwater into the pond, or the sediment has decreased the wet storage volume by one-half its or~ginai design volume. If the pond(s) or ouffal[ sediment delta is identified for sediment ¢leanout, the MCWD shall remove the sediment delta and restore the pond(a) to thc original contouTs within one year of the inspection date. 2. The MCWD shall inspect the outfal] structures for evidence of erosion and blockage ia the spring and fail of each year. The MCWD shall remove all sediment and debris during the inspections such that the outfail operates as designed. 3. In the event that the MCWD is unable to or tails to perform the inspections m~d maintenance established in this Maintenance Plan and Agreement, the City will give 30 days notice to thc MCWD el:the City's intent to per~'orm the inspections(s) and/or maintenance. If after 30 days notice, the MCWD remains unable or has failed to perform the inspections and maintenance, the City will perform the inspection(s) and maintenance and cha,rge the MCWD tbr the costs of these activities. 4. This plan is neither intended to require nor to prohibit the City ~rom acting on its own initiative and expense to remove obstructions and blockages caused by debris in the inlet or outfail structures. If the City so acts, it will be solely responsible for the costs incurred. FILE No. 201 06/~ '97 '14:55 ID:SMITH PARKER 612 344 1550 PAGE 2 mith Parker N. Smith D. Porker C. Miclcnhouscn ,ch L Freeman v~rley ~:b/ Booth June 19, 1997 M~r. John Dean Kennedy & Graven 470 Pillsbury' Center Mim~eapolis, Minnesota 55402 VIA 1.4 CSIMI£E Draft Cooperative Agreement between the MCWD and the City of Mound Dear Mr. Dean: Enclosed is a copy of the I. ate~ draft of the Cooperative Agreement for Regional Ponding between the Mitmehaha Creek Watershed District (MCWD) and the City of Mound. This draft includes your suggested revisions of June 19, 19.97. Please note chat this draft of thc Cooperative Agreemem has not been reviewed or approved by the MCWD Board of Mmmgers. If you have ,any questions, please feel free to contact me. Sincerely, Waverley Eby Booth Enclosure CC: MCWD Board of Managers Ed Shukle, City' of Mound Colwell Bu~ldin[~ Norr3 Third Street fi'IN 5540 I 612.744.1550 admin~smi~a~cr, cm FILE No. 201 06/19 '97 14:55 ID:SMITH PARKER 612 844 1550 PAGE 8 DRAFT COOPERATIVE AGREEMENT for the City of Mound Wet Detention Ponds This Cooperative Agreement is made this ~ day of , 1997, by and between the Minnehaha Creek Watershed District (hereinafter referred to as "MCWD"), a watershed district created pursuant to Mhmesota Statutes Chapter 103D; the City of Mound, (hereinafter reI~rred to as "City"), a municipal corporation under the laws of Minnesota. I. Recitals and Statement of Purpose WHEREAS, the MCW'D and the City have identified a site in the City described in Attachment 2 to this Agreement that is appropriate for use in controlling stormwater rmaoff; WHEREAS, stormwater tributary to the identified site ckains fi-om the City to Lake Minnetonka; and. WHEREAS, the stormwater draining from the land to Lake Mirmetonka contains pollutants such as phosphorus and sediment which contribute to declines in water quality; WHEREAS, the downtown developmem associated with the Lost Lake Canal Rehabilitation Project and Auditor's Road Project and County Road 15 Redevelopment Project, which is expected to occur within an ~ea of the City shown on the a~tached Attacbaa~¢nt l "Downtown Area.," will require stormwater treatmem with a wet detention, pond(s) for individual projects or for combined, properties located in the Downtown Area and served by a regional facility; and WHEREAS, MCWD Rule B sets out the MCWD's policies and requirements relating to stormwater management for individual projects, specifically' that a wet detention pond(s) for individual projects be constructed on-site where practicable and effective; and, FILE No. 201 06/19 '97 14:56 ID:SIIITH P~qRKER 612 344 1550 ~IIL PAGE 4 WHEKEAS, MCWD Kale B als() acknowledges that there may be occasions where it will be difficult to accommodate a wet detention pond(s) on an individual site, and in those cases the MCWD may instead accept a contribution to a dedicated MCWD water qtmlity/stormwater storage Fund in lieu of on-site requirements if there is also an agreement for a regional facility in place with [he afl:'~cted mmficipality. NOW THEREFOR]~, IT IS MUTUALLY AGREED by and between thc MCWD and the City' that they enter into this Cooperative Agreement in order to: a) document the understanding of the parties as to the installation of regional stormwater detention facilities to serve the Downtown Area and designed to meet National Urban Rtmoff Program (NURP) performance standards for stormwater t~eatment ponds; b) reaffirm the comnfitment of each pa~y as to the general responsibilities and tasks to be undertaken by each party; trod c) facilitate comauunicadon and cooperation among the p~ties to ensure successthl completion and maintenance of a wet detention pond(s) to aclfieve the ultimate goal of maximizing the treatment capabilities of the thcilities. 2. General Respon~ibilitie.s to Parties 2.1 MCWD Responsibilities 2.1.1 The MCWD shall be responsible for the design, permitting and construction of a wet detention pond(s) on the site described in Attachment 2 to this Agreement required to provide regional treatment for stormwatcr originating in the Downtown Area. The pond as du~igned must meet NIJRP performance st,-mdards. The MCWD will trzmsmit the final draft design to the City for review and comment. The City will have 45 days from. receipt of the final draft design to provide comments to the MCWD, including comments on whether the design is FILE No. 20! 06/19 '97 14:56 ID:SMITH PARKER 6~2 344 ~550 PAGE 5 in compliance with applicable City ordinances. If the City fails to provide specific coivancats within the 45-day comment period, thc design will be deemed approved by the City. Any disagreements between the City and the MCWD regarding the design will be resolved through thc dispute resolution process set forth in Paragraph 3 of this Agreement. The MCWD acknowledges and understands that, once the City has acquired thc necessttry land interests/'or the pond(s), the MCWD will be obligated either to: l) construct thc ponds to completion, and, if necessary, extend this agreement a sufficient time for such purpose; or 2) pay to the City, an maaount of money equal to the tees ~uad charges collected from the intended users of the pound(s). 2.1.2 In contracts tbr the design and/or construction of the wet detention ponds, any insurance coverages, warra~aties or indemnities which are intended for the benefit of the MCWD shall also be extended for the benefit of the City. 2.1.3 Thc MCWD shall be responsible for the operation and maintenance of the wet detention pond(s) in accordance with the Maintenance Plan set forth as Attachment 3 to this Agreementt. The MC'WD shall be solely responsible for maintenance costs incurred in carrying out the obligations outlined in the Maintenax~ce Plan. Nothing in this Agreement shall preclude the MCWD and City from entering into an agency agreement whereby some or all of the MCWD's maintenance activities are to be undertaken by the City or others. 2.2 Cit~ of Moused Responsibilities 2.2.1 The City shall be responsible for obtaining tlae land rights to constxuct the pond(s) and access the pond(s) lbr maintenance, either through obtaining title to the l,'md or obtaining az~ easement over the land. The City shall also provide an easement to the MCWD allowi~.~g construction of the pond(s) and long-term access to the pond(s) for repair and maintenance. The City shall not be responsible for thc expenditures of funds necessary for the acquisition of FILE No. 201 08/19 '97 lZ1:58 ID:SMITH PARKER 612 344 1550 PAGE 6 ponding ,areas which are required because the pond(s) is receiving water from areas not within the Downtown Area.. 2.2.2 Within six (6) months t¥om the date of this Agreement, the City shall develop and implement a Best Mt~nagement practices (BM.P) Plan for the entire city to minimize pollutants entering stomawater, including but not limited to: a. Periodic street and parking lot sweeping, including fall leaf remov~fl; b. Encouragement of the city-wide use of non-phosphorus lawn fertilizers; c. Regular inspection and maintenat~ce of existing sediment traps and basins; d. Regular inspection and maintenance of outfall structures to ponds and lakes; e. Requirement of and enforcement of silt fence use on all surface disturba]~ces due to grading, maintenance and construction; f. Develop pol.ic~es and disseminate in£om~ation to its residents on a variety of BMP's relating to water quality, including but not limited to: > use of non-phosphorus lawn fertilizer > proper yard waste disposal > protecting exposed soil t¥om erosion; g. Evaluate winter street snow removal storage/bt impact on water resources and implement BMP's to prevent negative environmental pacts. 2.2.3 If a permit from the City is needed for construction or maintenance of the pond(s), the City shall be responsible ~or acting on the MCWD's permit application in a timely manner and will not require payment fi.om the MCWD tbr the permit or for any costs associated with the processing or reviewing the permit application.. 4 FILE No. 201 06/19 '97 14:57 ID:SMITH PARKER 612 344 1550 PAGE ? 3. Dispute Resolution 3.1 In the event that the MCWD and the City disagree as to the design of the pond(s), or ~tny other issue arising under this agreement, the parties will ~bllow the dispute resolution procedures outlined in this section. 3.2 Each party agrees to make a good faith effort to resolve any disag~'eements at a staff level. ~.lais may include disc~.~sions among and between staff employed by the MCWD or the City mad engineers, attorneys, or other consult~mts. 3.3 If may issue cmmot be resolved at the st.zff-f level, discussions will proceed between the Mayor ea~d the President of the MCWD Board, with any resol'ation subject to any necessary ratification by the City Council and MCWD Board of Managers; 3.4 Any issue that cannot be resolved ~ffier negotiations between the parties wil. l be resolved through binding arbitration. The arbitration will be conducted by a panel of three arbitrators, one selected by the MCWD, one selected by the City and the final arbitrator selected by the arbitrators selected by the MCWD and the City. The MCWD and the City must select their arbitrator within one week. of the fili~g by one party of notice of arbitration. The arbitration will be conducted pttrsuant to the rules of the American Arbitration Association. The arbitration proceeding must commence within 45 days of selection of the arbitration p~mel with a final decision of the panel to be issued no hater than 60 days from the date of selection of the panel. The parties agree to share equally the costs of the arbitration proceeding, including payment of fees to the arbitrators. Each party will be solely responsible tbr bearing its own costs related to preparation and presentation during the arbitration. 201 06/19 '97 14:57 ID:SrlZ:'r'H PI::IR~'ER 612 3,44 '1550 PI::IGE 8 4. Renewal and Termination of Agreement This Agreement shall terminate on December 3 l, 2007, but may be renewed tbr ,'mother five year term by written agreement of all of the parties hereto prior to such date. This Agreement may be terminated by either party upon ninety (90) day advance written notice via registered mail, return receipt requested, to the parties identified in this agreemenI. 5. Consideration for Rule B Contribution The MCWD acknowledges that the tmdertaking of the City contained in paragraph 2.2.1 constitutes tull satisfaction of any contribution obligation tbtmd in paragraph 3(d) of Rule B which might be placed on the City as developer of the Auditor's Road Project. 5. Amendments This Agreement may be amended only in writing signed by all of the parties hereto. 6. Notice Notices to all of the parties to the Agreement shall be given by hand deliver or First Class Mail addressed to the following representatives of each par13, to this Agreement: a) As to the MCWD: Mirmehaha Creek Watershed District Gray Freshwater Center 2500 Shadywood Road, Suite 37 Excelsior, MN 55331 Dined b) As to the City: City of Mound 541 Ma)wood Road Mound, MN 55364 ATTN: City Manager MYNNEHAHA CREEK WATERSHED DISTRICT By¸ 6 FILE No, 20! 06/19 '97 14:58 ID:SMITH PARKER 612 344 1550 PAGE 9 By Its Dated City of Mound By Its Mayor By Its City Manager 7 FILE No. 201 06/19 '97 14:58 ID:SKIITH PARKER 612 344 1550 PAGE 10 Attachment 3 MAINTENANCE PLAN 1. The MCWD shall inspect the wet detention ponds once a year to determine if the ponds' retention and treatment characteristics are adequate. A pond will be considered inadequate sediment at the pond outfall interl'eres with the flow ofstormwater into the pond., or the sediment has decreased the wet storage volume by one-half its original desigtl volume. If the pond(s) or outfal[ sedhnent delta is identified for sediment cleanout, the MCWD shall rem.ove the sediment delta and restore the pond(s) to the original contours within one year of the inspection date. 2. The MCWD shall inspect the outfall structures for evidence of erosion and blockage irt the spring and fall of eacll year. The MCWD shall remove all sediment and debris during the inspections such that the outfall operates as designed. 3. In the event that the MCWD is unable to or fails to perform the inspections and maintenance established in this Maintenance Plan and Agreement., the City will give 30 days notice to the MCWD or'the City's intent to perfi>rm the inspections(s) and/or maintenance. If after 30 days notice, the MCWD remains unable or has t~ailed to perform the inspections and maintenance, the City will perform the inspection(s) and maintenoa~ce and charge the MCWD tbr the costs of these activities. 4. This plan. is neither intended to require nor to prohibit the City t~'om acting on its own initiative and expense to remove obstructions and blockages caused by debris in the inlet or outfall structures. If the City so acts, it will be solely responsible for the costs incurred. RESOLUTION//97- RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT), MUNICIPAL STATE AID (MSA) OFFICE, TO ADVANCE $500,000 IN FUTURE ALLOTMENTS OF MSA FUNDS FOR AUDITOR'S ROAD IMPROVEMENT PROJECT WHEREAS, the City of Mound is a Municipal State Aid City and uses MSA funds for the construction and maintenance of streets; and WHEREAS, the City Engineer has advised that the City's MSA Construction Fund balance is not sufficient to construct the proposed Auditor's Road Improvement Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby request an advance from the MSA General Fund future allotments of MSA funds in the amount of $500,000.00 for the Auditor's Road Improvement Project. ~';"';'~'"J'un, 19, 19§7 '~ £~'58P~ MCCOMBS FRANK ROOS No, 8700 P, 2/4 McCornbs Frank Roos Associates, Inc. 15050 23rd Avenue Noah, Plymou~, Minnesota 554474739 Telaphone Engineers 612/476-6010 612/476-8532 FAX Plannem Surveyors June 19, 1997 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound Sherwood Drive Reconstruction MFRA #11482 Dear Mayor and Councilmembers: Bids were taken for the Sherwood Drive reconstruction on Wednesday, June 18, 1997 and only two wen; received. Enclosed is a copy of the bid tabulation for these two bids. The low bid of $32,777.50 was submitted by Buffalo Bituminous and is approximately $3,200.00 or 11% over the estimated construction cost included in the revised preliminary, engineering report submitted We believe the high bids can be contributed to a number of factors, of which, the most obvious is that we received only 2 bids. Other reasons could bc the time of year, the size of the project, the work load of the contractors or the estimate was too low, which we do not believe is the case. It appears that the engineering, legal, fiscal and administrative costs will also be higher, due mainly to the fact that an addendum to the original preliminary engineering report was done, soil borings were taken and additional heatings held, which have all added to the cost. For comparison purposes, if the low bid ,,,,'ere accepted and the percentage for engineering, legal, fiscal and administrative cost increased to 35% of the construction cost, the total estimated cost of the project would increase to $44,300.00 as compared to $38,400.00 as originally estimated. This would be an increase of just over 15%; therefore, the suggested assessments would also increase by this percentage. The average assessments were originally calculated to be approximately $3,000.00 per lot, whereas this increase would bring the average up to roughly $3,500.00. The largest parcel and thus the largest projected assessment would increase from $4,475.00 to approximately $5,160.00. A couple of options available would be to rebid the project or combine it with another City project such as Auditor's Road. We do not believe that rebidding the project at this time of year would reduce the cost enough to off-set the additional expense. Combining it with Auditor's Road also ha; drawbacks since there would be even more costs involved to revise the plans to State Aid Standards. At this point, there are no other City projects under consideration to combine it with. An EquaJ Oflponuraty Em~oyer Jun, 19, 1997 2:59PM MCCOMBS FRANK ROOS Honorable Mayor and Members of the City Council June 19, 1997 PRe 2 No, 8700 P, 3/4 What this results in, is that we do not see any practical way to reduce the cost and if it is the desire of the City to proceed, we would recommend awarding Buffalo Bituminous a contract in the amount of $32,777.50. If you have any questions or need additional infommtion, I will be at the Council meeting the evening of Sune 24, 1997 to further discuss this matter. Very truly yours, MeCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:pry Enclosur~ e:~m~in;\l 1482\jr~-19 3un, 19. 1997 2'59PM MCCOMBS FRANF2 ROOS No, 8700 P, 4/4 Z d ~ q~q~qq~qq~qqqq ..... ~. 000~000000000oo0 .... qqqqqqq~99qq q  ooo~ ooo ~8 oo~gooo ~ oooo8~ oooooooo 0 ~0 0 ~ ~ OZ~ ~ Z -- n- IAI CITY OF MOUND BUDGET REVENUE REPORT May 1997 41.67% GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments May 1997 BUDGET REVENUE 1,266,460 0 6,250 2,055 121,800 9,284 968,210 453,520 51,100 644 65,000 13,521 43,300 425 43,500 0 10,000 1,454 YTD REVENUE PERCENT VARIANCE RECEIVED 0 (1,266,460) 0.00% 3,987 (2,263) 63.79% 42,150 (79,650) 34.61% 509,105 (459,105) 52.58% 3,819 (47,281) 7.47% 50,647 (14,353) 77.92% 1,139 (42,161) 2.63% 0 (43,S00) 0.00% 5,351 (4,649) 53.51% TOTAL REVENUE 2.575.620 480.903 616.198 ~ 23.92% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 336,020 14,914 108,320 15,906 1,525,000 146,781 430,000 33,910 880,000 75,068 4,100 330 73,800 1,505 167,529 (168,491 ) 49.86% 46,153 (62,167) 42.61% 556,651 (968,349) 36.50% 158,900 (271,100) 36.95% 388,889 (491,111) 44.19% 880 (3,220) 21.46% 67,960 (5,840) 92.09% 06112~97 rev97 G.B. GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers CITY OF MOUND BUDGET EXPENDITURES REPORT May 1997 May 1997 BUDGET EXPENSE 41.67% 69,37O 4,000 800 193 470 2 100 59 480 168 960 23 550 114 460 924 350 4 100 172 870 405 270 82 840 148 550 36 200 20 000 161,390 YTD PERCENT EXPENSE VARIANCE EXPENDED 3,053 40,778 28,592 58.78% 0 0 4,000 0.00% 0 225 575 28.13% 15,591 79,932 113,538 41.31% 72 1,831 269 87.19% 18 376 59,104 0.63% 15,263 65,297 103,663 38.65% 23 10,247 13,303 43.51% 8,534 35,309 79,151 30.85% 57,147 344,211 580,139 37.24% 45 818 3,282 19.95% 16,411 66,961 105,909 38.73% 21,229 181,647 223,623 44.82% 9,976 35,717 47,123 43.12% 9,470 47,521 101,029 31.99% 0 0 36,200 0.00% 725 7,130 12,870 35.65% 12,868 64,345 97,045 39.87% GENERAL FUND TOTAL 2,591,760 170,425 982,345 1.609.415 37.90% Area Fire Service Fund 336,020 Recycling Fund 118,950 Liquor Fund 289,020 Water Fund 429,300 Sewer Fund 1,020,460 Cemetery Fund 8,100 Docks Fund 68,440 20,693 114,197 221,823 33.99% 10,705 57,194 61,756 48.08% 15,453 88,871 200,149 30.75% 15,225 128,736 300,564 29.99% 70,968 462,549 557,911 45.33% 594 3,942 4,158 48.67% 3,519 10,417 58,023 15.22% EXp.97 06/12~97 G.B. PARK AND OPEN SPACE COMMISSION MINUTES JUNE 12, 1997 Present were: Peter Meyer, Bev Botko, Marilyn Byrnes, Rita Pederson, Tom Casey, City Council Representative Leah Weycker, Parks Director Jim Fackler and Secretary Clare Link. Those absent and excused were: None. MINUTES Motion made by Byrnes, seconded by Pederson to approve the minutes of the May 8, 1997 Park and Open Space Commission meeting, as written. Motion carried unanimously. AGENDA CHANGES Park Use, Skating Rinks, Open Meeting PROPOSALS FOR DEPOT IMPROVEMENTS A. Sue Cathers - Westonka Historical Society Sue Cathers, Westonka Historical Society discussed work on the exterior of the Depot and stated work needs to be done on the interior at the present time. Casey asked if there was a consensus of the Historical Society that the work needs to be done. Cathers replied it does need updating. Pederson asked if food has ever been served there. She noted she has been at a number of functions there, and the sink is not adequate. A microwave is also needed. She asked if the painting includes the stairwell and the ceiling. Cathers took her recommendations under advisement. Pederson asked what would be done with the bathrooms. Fackler noted the estimates provided are rough. Quotes would be solicited for work. He stated they are limited because once it reaches a certain point, it must be brought up to ADA requirements. Pederson stated the carpeting appears to be fine until it wears out. Cathers stated they want half flooring and half carpeting because of spilling. Cathers stated they haven't talked too much about updating the bathrooms. Pederson suggested a double sink in the kitchen and a microwave. Byrnes also suggested the refrigerator be moved in order to put in a double sink. A good coat of paint is also needed. City of Mound Park and Open Space Commission June 12, 1997 Page 2 Pederson stated she would like at least three estimates when the decision is made to replace the carpeting. Casey asked if the Historical Society has a priority. Cathers stated painting is the priority, then window treatments, the sink, the microwave, and the flooring. She stated the Historical Society is willing to do the painting and asked for donated paint. Pederson asked if the carpeting is removed from the walls if sheetrocking would be needed. Fackler stated it would have to and wainscoting could be added. Weycker asked if there is any historical information on what the interior used to look like. Cathers stated that information is not available. Weycker asked if the improvements need to be a certain dollar amount before they must meet ADA requirements. Fackler stated he was unsure, and the Building Official would make that determination. Casey asked if approving this would lock us into authorizing it prior to seeing what the costs will be. Faclder stated they need to look at whether it is something that needs to be done and the POSC wants to be done. He stated if there isn't enough money, something will have to be left out. He believed the figures provided are within the ball park. Weycker asked if this would affect monies for other projects such as park equipment. Fackler stated as you go into the capital outlay, you aren't going to get everything you want. Whatever the top priorities are will get funded first. He believed this is a justifiable request. Commissioners and staff discussed the budget process. Pederson stated we don't know how much money we have to spend and would rather spend money on the 14-17 year olds. Cathers stated the skate park will be funded through community education. Cathers stated if the improvements don't happen in 1998, that is not a problem. Meyer stated if we believe there is a need for improvements to the building, we should go ahead and put it on out list. Weycker stated we should ask for what we want. All the improvements don't have to come out of the park budget. Faclder stated the intent is there that the building will be saved and be available for use. City of Mound Park and Open Space Commission June 12, 1997 Page 3 Motion by Pederson, seconded by Byrnes to put the Depot improvements on the wish list and prioritize it after needs for children. Motion carried unanimously. REQUEST TO SELL CONCESSIONS AT MOUND BAY PARK DEPOT - WESTONKA HELPING YOUTH - SUE CATHERS Cathers discussed the desire to have Mound area youth sell concessions at the Mound Bay Park Depot. Casey asked what will be sold. It was noted candy, pop, and ice cream will be sold. Casey asked where the money will go. Cathers stated profits would be shared among the workers as their pay. Casey asked what the Family Service Collaborative is. Cathers stated it is a group which has met which has received a grant. It helps youths and families in the West Tonka area. Pederson asked if the Depot will be rented. Cathers stated it is reserved for five Wednesdays when no one else is using it, and fees were waived. Pederson asked the kids to listen to their customers to find out what is needed in the park. Cathers noted the Collaborative will be donating money for a refrigerator and freezer. Fackler questioned where it would be located. He asked how many supervisors would be on staff. Cathers stated 1-2 supervisors would. She stated there would always be an adult present. She noted it would be a place for teens to hang out. Fackler was concerned about adult supervision and the possibility more would be needed. He suggested starting out heavy. Pederson asked if a damage deposit will be required. Cathers stated it will not. Pederson was concerned about the phone. Fackler stated it is always lighted and is operated at a loss. Casey asked about requiring a damage deposit. Fackler stated many of the non-profit organizations are not required to pay the damage deposit. Weycker stated a deposit could be paid if required. Casey asked if other non-profit organizations are able to use the Depot for fundraisers. Fackler 2 31 City of Mound Park and Open Space Commission June 12, 1997 Page 4 stated many of the local groups have used it in the past. Weycker stated the group could go under the School Board if non-profit status is required. Casey was concerned about other groups for profit wanting to sell items from the Depot. Meyer believed the goal is to find a safe place for kids to have something to do. He stated a lot of money isn't involved. Weycker stated the Park Commission could determine on a case-by-case basis whether a use would be allowed. She believed this group is a community service group, and fees will be waived. Casey discussed the difference between non-profit and for-profit organizations. Weycker suggested the kids receive a stipend for working, and other monies could be earmarked for a special project. Motion by Casey, seconded by Weycker to approve the request and the fees be waived and that the net proceeds from the sales of concessions be distributed for a charitable purpose. Motion carried unanimously. REQUEST FOR CITY TO TRIM HAZARDOUS TREE: NCA, DRUMMOND ROAD Faclder received a request from the abutting property owner to have this tree trimmed. The tree is leaning over his garden area and is a definite hazard. Brynes noted Mr. Anderson has some ideas on how he would like the tree trimmed and not necessarily completely removed. Fackler stated he has to look at what he considers safe. Botko asked if it would still be a hazard if the trunk remained. Fackler stated he has seen fully leaved trees fall. Weycker stated it doesn't appear to be a walking area, and Mr. Anderson had definite ideas of how it should be trimmed. Commissioners discussed the motion. Fackler stated he has had tree trimmers walk away from a tree like this, and they will not go near it. He stated he will contact the tree trimmer. If he won't do it, he will have to find someone who will. He was concerned about safety noting it is a very dangerous tree. Motion by Weycker, seconded by Byrnes to have the City's tree trinuner meet with Mr. Anderson to determine how the tree should be trinmied. Motion carried unanimously. PROPOSED PARK IMPROVEMENTS C. Avon Park Faclder stated he has contacted a supplier to determine the cost of play equipment for City of Mound Park and Open Space Commission June 12, 1997 Page 5 Avon Park. He discussed the equipment which will be installed. The entire area would be bermed, and benches would be added. Cost for installation has not be determined, and volunteer installation is anticipated. Completion is anticipated for the summer of 1998. Meyer asked if the swings would have to be put where the play structure is. Christine Fitz stated the equipment is very old and in definite need of updating. Mary. Bergron stated if there is an option, she would prefer the play structure and swings and wait a year for the teeter totter. Fackler stated the existing backstop would be removed if it is not being used anymore. Fitz noted t-ball games aren't held in the park anymore. Pederson asked if the cube structure could remain. Fackler stated it is too dangerous. Fitz discussed the need for up-to-date equipment in the park. Meyer suggested the backstop be removed at a later date and be replaced at some point. Fackler noted the area will have to be walked to see what will actually fit in the area. He discussed the need to keep all the equipment within proximity of each other. Bergron asked if removable speed bumps are a possibility. Fackler stated the Police and Street Departments are responsible for speed bumps. Motion by Byrnes, seconded by Botko to direct staff to provide $15,000 in capital outlay for park improvements to Avon Park including improvements to the basketball court. Motion carried unanimously. A. Langdon Park (Sorbo) Fackler stated Langdon Park will be renamed Sorbo Park and dedicated on Sunday, August 23 at 10:00 a.m. He reviewed the site plan for the park. He stated the work would need to be completed by August 18. Bergron was concerned about renaming a park for someone who isn't old. Casey stated a Hercules fitness trail would be a better use of the area rather than just more passive areas. He stated a second priority was a skateboard area. Fackler stated City of Mound Park and Open Space Commission June 12, 1997 Page 6 lack of time is an issue. He reviewed minutes from an earlier POSC meeting when this park was discussed. Commissioners discussed the plans for the park and concerns about lack of input. Motion by Meyer, seconded by Byrnes to support staff's recommendation but would also like to see excavating of the ballfield area. Motion carried 5-0-1. Casey abstained from voting. Veterans Park. Fackler reviewed the site plan for Veterans Park improvements. He discussed suggestions made for the park by the VFW and American Legion. He discussed plans to rip rap the shoreline. Meyer asked how much the rip rap would cost. Fackler stated it would be about $65 a lineal foot. He noted the location of the trails in the park. Weycker asked who would maintain the gardens once it is constructed. Fackler stated a staff person would need to maintain the area. Meyer stated it needs to be impressed on the City Council that more park staff is needed. Motion by Meyer, seconded by Weycker to support the conceptual plan for Veterans Park along with the need for additional park staff for park maintenance. It is not recommended park dedication fees be used. Weycker stated the intent is to get funds donated by the VFW and American Legion. Motion carried unanimously. COUNCIL REQUEST FOR JOINT MEETING WITH ALL COMMISSIONS Weycker stated the Planning Commission has requested a joint meeting with all commissions once or twice a year. Motion by Pederson, seconded by Byrnes to support the idea of joint meetings once or twice a year. Motion carried unanimously. DISCUSS RAILS TO TRAILS Fackler reviewed information from another City relating to trails abutting Mound. City of Mound Park and Open Space Commission June 12, 1997 Page 7 FOR YOUR INFORMATION REPORTS Do City Council Representative's Report Weycker discussed open meeting law requirements. Casey suggested information be provided to the POSC. Motion by Casey, seconded by Pederson to get a copy of information of "Situations" which was a handout at the meeting with the attorney's responses to the questions. Motion carried 5-0-1. Botko abstained from voting. This information will be discussed at the July meeting. Park Director's Report Fackler stated there have been problems with dandelions this time of year. He noted he has a full staff and discussed regular park maintenance activities. He discussed work being done in preparation for Mound City Days. He stated the beaches are open. Byrnes asked if the railing at the Depot will be painted. Fackler stated it will be done by the end of summer. Pederson suggested the doors facing the lake be painted a different color other than white. Rita's Report Pederson reported on how overuse of a park results in negative park quality. Commissioners and staff discussed parking requirements in the parks and how much handicapped parking is needed. Community Skating Rink Meyer stated he would like to see groups get involved with using the community skating rink area used (Babe Ruth field) and have it flooded during the winter. City of Mound Park and Open Space Commission June 12, 1997 Page 8 Motion by Meyer, seconded by Pederson to have the City execute the joint powers agreement and use the Babe Ruth field as a community skating rink. Motion carried unanimously. ADJOURNMENT Motion by Weycker, seconded by Pederson to adjourn the meeting at 10:20 p.m. Motion carried unanimously. arles C League of Minnesota Cities The 1997 Legislative Session After nearly five months of committee hearings, floor ses- sions, late night deliberations and FridayFaxs, the 1997 leg- islative session adjourned at midnight on May 19. Those months of debate saw the introduction of 2255 bills in the House and 1997 bills in the Senate. The House and Senate agreed on 251 chapters, and Governor As'ne Carlson used his veto pen on chapters. Oh, and a special session is imminent. Ail in all, nothing unusual for a state budget setting session. The session began with the forecast of an unprecedented budget surplus for the upcoming two year period. $2.3 bil- lion to be exact. Although a large surplus could apparently provide the proverbial grease to lubricate the legislative gears, many observers believe that the abundance of re- sources may have actually created more dissention and con- tention than would have been experienced in a more typical budget year. In January, the governor proposed a $20 billion state bien- nial budget including a tax rebate and permanent tax cuts. His proposal included a larger state budget reserve, relatively modest growth in state spending and fewer shared resources for cities. The governor also proposed a steady reduction in the price of government targets. The first flurry of legislative activity was to remove the education appropriation caps. These spending caps were originally enacted in 1993, at a time when the state budget forecast was projected to be abysmal through the end o~the century. With the new optimistic budget projections, legisla- tors were quick to remove the caps and restore full K-12 funding. The spring flooding resulted in a similar surge of related legislation ranging from delay of income tax payments to ac- tual flood assistance appropriations. In the end, several pieces of state flood legislation were enacted to help citizens and local governments deal with the unprecedented flooding that occurred along the Minnesota and Red river watersheds. Chapter 105 contained the largest state appropriation of $21 million, and is in addition to the $3 million legislators ap- proved early in the year for flooding as part of the emer- gency snow removal aid package. Chapter 105 also provides temporary authority to state agencies to suspend agency rules to expedite flood recovery efforts, and to waive fees that would otherwise be char~ed for agency services in the disaster declaration counties. Property tax reform One of the most publicized issues of the session was prop- erty tax reform. Business groups, rental property owners and cabin owners were among the most vocal reform sup- porters. To most advocates, property tax reform meant that class rates would be compressed and that the overall level of property taxes would be reduced. The 1997 legislature considered more than a dozen reform plans, many of which would have substantially altered the way local government is financed in Minnesota. In order to reduce the overall level of property taxes in the state, several of the bills would have either expanded existing sales or in- come taxes or created entirely new taxes such as the business activity tax. Most of the bills would have reduced the num- ber of classes and compressed the class rate structure. In the end, the omnibus tax bill compressed classification rates, increased the state's share of K- 12 education finance costs, and reduced almost every property owners tax bill compared to current law estimated 1998 property taxes. Chapter 231 drew from the past by reestablishing a variant of the old homestead credit and reenacting levy limits on cit- ies over 2,500 population and counties. Although the tax reform provisions in the omnibus tax bill were hailed by many as a necessary first step toward reform, most observers agree that the bill is not sufficient to address all of the criticisms of the property tax system. We will likely revisit the tax reform debate in each of the next several legislative sessions. Public rights-of-way Months of discussion with industry representatives and legislators culminated in the passage of Chapter 123, the public rights-of-way initiative sponsored by Senator Steve Novak and Representative Loren Jennings. The bill defines the management responsibility of cities and establishes cost recovery from telecommunications utilities for their use of the rights-of-way. The legislation finally enacted was a direct result of the cities' legislative initiative that was organized under the League's right-of-way task force. Many city engineers, at- torneys and administrators spent considerable time helping the League's efforts. In addition, cities throughout the state contributed to the League's legal and legislative efforts through a voluntary contribution. In the end, 592 cities con- tributed nearly $184,000 to assist in the ROW effort. Other major legislative initiatives include welfare reform, pension uniformity and tobacco access control reforms. If you have any questions as you review these act summa- ries or if you have any other questions about other legislative issues, please feel free to contact the League's IGR staff. 1997 Law Summaries Page 1~,,{~3 ~ Law summaries gCity-specific legislation Becker County EDA Chapter 15 authorizes Becker County to establish an eco- nomic development authority with all the powers and duties granted to or imposed upon economic development authori- ties under the relevant provisions of state statute. City coun- cil approval would be required in order for the EDA to com- mence a project within a city's corporate limits. Effective upon local approval. City of Kenyon levy reeertification Chapter 6 authorizes the City of Kenyon to recenify and increase its final levy by $68,720 for taxes levied in 1996 payable 1997. The City is required to publish notice of the revised levy along with examples of its tax impact. The City inadvertently subtracted HACA twice from its levy needs, resulting in a budget shortfall. Effective without local ap- proval on March 12, 1997. City of Roseviile newspaper publication exemption Chapter 56 allows the City of Roseville to designate any newspaper with at least 25 percent of its circulation with~-, the city limits as the official. Current law requires local units of government to designated an official newspaper and al- lows only those newspapers whose primary office is within their jurisdiction be designated. The City of Roseville dem- onstrated that their publication costs were $4,500 or 75 per- cent higher than they could have been with another paper. This lxoposal was originally drafted to cover all cities but was restricted to Roseville due to Minnesota Newspaper As- sociation concerns that the authority might be used by indi- vidual local units of government to retaliate (by "taking their business elsewhere") against newspapers that criticized their governmental actions. City of St. Paul council terms of office Chapter 153 provides an exception to uniform local elec- tion requirements or any other state law to authorize the city home rule charter to provide for the terms of office for city elected officials in the City of St. Paul. Effective only after approval by a majority of the city council and compliance with state law. Changes to two legislative districts to reflect annexation Chapter 44 provides that Districts 9A and 9B are adjusted to reflect the annexation of portions of Moorhead Township annexed by the City of Dilworth before the effective date of the act, which is was April 22 (for subsequent elections). Sale of impounded vehicles owner and any lienholders are notified of the impoundment. (Current law authorizes such sales after 45 days.) Effective upon local action. Economic development Workforce service areas Chapter 118 provides for the designation of workforce ser- vice areas by the Commissioner of Trade and Economic De- velopment in consultation with local elected officials and the governor's council. Initial designation will be given to exist- ing service delivery areas designated by the federal Job Training Pannership Act providing that no other requests for designation are submitted by local officials. Local workforce councils consisting of members appointed by the local units' chief elected official shall be created and must include a majority of private sector representatives with sub- stantial management or policy responsibility, at least two or- ganized labor representatives, area workforce and commu- nity based organization representatives, and representatives of educational, vocational rehabilitation, public assistance, economic development and public employment service agencies. The local workforce councils are responsible for providing policy guidance for, and exercising oversight with respect to, workfome service center activities conducted in partnership with area local units of government and the Commissioner. Workforce service centers will provide fed- eral, state, and local employment and training services to job seekers and employers. Effective July 1, 1997. tO' M Economic development appropriations Chapter 200 contains several appropriations to fund vari- ous existing and new economic development programs in- cluding: · Funding for the Minnesota Investment Fund is increased by $4 million for the current biennium only. · The Department of Trade and Economic Development (DTED) will begin funding municipal drinking water projects. A one-time appropriation of $4.4 million will be placed in a revolving loan fund for state-matches to federal funds provided under the Safe Drinking Water Act passed by Congress last August. · DTED will place at least three officers in non-metropoli- tan area offices to work with local units of government on trade and economic development issues. · With a $3.5 million appropriation, DTED will imple- ment a new Pathways program to assist persons making the welfare-to-work transition by making grants-in-aid available to educational institutions and non-profits and interest-free loans available to employers to provide training. mt. (to orr fcc act Ex £ ing or 5 tot. Sec C affe Lea Chapter 108 authorizes the cities of Minneapolis and St. · The 1997 Minnesota Employment and Economic Devel- Paul to sell impounded vehicles 15 days after the registered opment Program is established to assist businesses and ~..~ Page 2 League of Minnesota Cities >oli- ;nt communities in job-creation efforts focused on transitioning Iow-wage workers by providing wage sub- sidies. Employers are required to pay back subsidies re- ceived if wages are reduced. Comprehensive job readi- ness and job-retention services are an integral part of this program. · $12.4 million from the Petroleum Release Clean-up Fund will be available for clean-up of petroleum-only polluted sites where the contamination may not have been determined to be attributable to a release. A clari- fication is made that state and local units of government will not be deemed responsible parties as a result of ac- quiring property to clean it up. Various state depart- ments and the Met Council will report to the legislature by January 15, 1998 on the need for an office to coordi- nate programs providing contaminated site clean-up as- sistance and recommendations for programmatic changes in order to streamline the application process, coordinate state policies, and increase their overall effi- ciency. Effective July 1, 1997. Elections Rotation of candidate names on ballot Chapter 18 allows townships to list candidate names on the ballot in alphabetical order or to rotate the names if township electors vote to do so for at least two years at the township annual meeting. Effective August 1. Moving township elections to November Chapter 19 authorizes township boards and electors in the metropolitan area to move township elections to November (to the general election date) through adoption of either an ordinance or resolution at the township annual meeting. Ef- fective the day following final enactment and applies retro- actively to resolutions adopted on or after March 1, 1997. Expansion of mail balloting Chapter 145 allows city councils to establish mail ballot- ing for precincts with less than 50 registered voters for local or state elections, subject to the approval of the county audi- tor. Effective August I. Secretary of State "housekeeping" election law changes Chapter 147 contains many changes to election law that affect cities. For a copy of the complete bill, please call the League. Some of the provisions include: completed voter registration cards are to be submitted to election officials within 10 days of the date the voter put on the card; a person registering to vote is no longer required to in- clude his/her phone number on the voter registration ap- plication; use of voter registration forms authorized by the Na- tional Voter Registration Act ("Motor-Voter Law") is ...~.~au~orized in Minnesota: · city clerks are responsible for carrying out the duties of the county auditor for absentee voting when city elec- tions are not held on the same day as county or state elections; · city councils are responsible for sending every affected household with at least one registered voter (instead of to each registered voter in the affected precinct) a nonforwardable mailed notice at least 25 days before the next election when the location of a polling place has been changed; undeliverable notices that are returned must be forwarded immediately to the county auditor; · no changes to polling places may take place between the date of the state primary and general election except when a new polling place is designated to replace one that has become unavailable: no new or different polling place can be established within 90 days before an elec- tion: city clerks are authorized to assign election judges to fill vacancies when they occur: no special city election may be held within 40 days after the state general election; · clarifies that city election officials are responsible to have electronic voting systems in order when delivered to precinct polling places; Provisions are effective August 1. Campaign contribution limits Chapter 224 provides bundling exceptions to the $300 election year/$100 non-election year contribution limit to a candidate or a candidate's committee. The exceptions are delivery of contributions collected by a member of the candidate's committee to the treasurer and delivery made by an individual on behalf of the individual's spouse. A legisla- tor or constitutional officer who is a candidate for local of- rice, or the official's committee, may not solicit or accept contributions from a political fund or registered lobbyist dur- ing a regular session of the legislature. Effective May 31, 1997. OEnvironment Solid waste advisory council Chapter 45 directs the establishment of a solid waste pre- vention, reduction, and recycling advisory council of be- tween nine and 24 members, one-third of the representation from business and industry, citizens, and government. Non- voting members may be appointed from other environmental and business assistance providers. The council will make policy, programmatic, and legislative recommendations on the topics of waste reduction, pollution prevention, manage- ment of hazardous waste, reuse and recycling, and resource conservation. Effective July 1, 1997. Legislative review of new animal feedlot rules Chapter 158 requires that any proposals for new animal feedlot roles or amendments to existing roles be reviewed by the legislative committees having jurisdiction over agricul- 1997 Law Summaries Page 21~I y~} tural and environmental issues prior to final adoption. The proposed roles and amendments would not become effective until 90 days after they are submitted to the appropriate com- mittees. Effective May 17, 1997. Temporary appropriation of water Chapter 104 authorizes the Commissioner of Natural Re- sources to issue a state general permit for temporary appro- priation of water to a governmental subdivision or to the general public for certain activities that have a minimal im- pact upon the state's waters. The general permit may apply to more than one project and more than one water source. Water use permit processing fees and reports are required for each project or water source except for uses totaling less than 15 million gallons annually. Effective May7, 1997. Environment, natural resources, and agriculture Chapter 216 includes appropriations and regulations re- garding environmental, natural resource, and agricultural programs. Appropriations include: $6.4 million over the next two years for petroleum tank clean up program; $1.9 million for grants to local governments for the clean water parmership program; $400,000 in each of the next two years for grants to local law enforcement agencies for expanded snowmobile enforcement activities; $600,000 for local recre- ation grants for parks and $600,000 for local recreation grants for natural and scenic areas; $900,000 to loc~! ,rots for trail grants. A new state permit for alternative discharge sewage sys- tems, as an alternative to individual sewage treatment sys- tems, is established. Multiple dwellings which do not dis- cha~e more than 10,000 gallons of water per day in total will be allowed to create a water quality cooperative if the system meets all state and federal environmental standards, it is part of a plan to prevent, eliminate, or reduce water pollu- tion, and it has a service agreement with a local unit of gov- ernment to provide water quality treatment and management services for the area. A system meeting all these require- ments would be exempt from any local ordinance requiring compliance with the individual sewage treatment system statute. Other provisions include an update of the 1995 report quantifying the costs of all wastewater treatment upgrade and construction projects, a restriction on the use of waste tire materials for lightweight fill on road projects, and county feedlot zoning guidelines. Individual sewage treatment systems Chapter 235 modifies the ISTS laws. Local ordinances still must be in compliance with the ISTS laws by January I, 1998. All counties must adopt an ordinance by January 1, 1999 which will be enforceable in all towns and cities which do not have an ISTS ordinance. Inspection of new construc- tion or replacement systems must be pan of all local ISTS ordinances. Procedures for inspection and for issuing certifi- cates of compliance are established. System disclosure re- quirements are expanded to include transfers of property other than sales. Finance and taxation Omnibus tax bill See summary of chapter 231 beginning on page 18. Public Finance Bill Chapter 219 includes several independent public finance provisions that were packaged as one bill. The act: · Expands permissible money market fund investments to include additional short-term investments. · Clarifies the repayment of indebtedness when an annex- ation or consolidation occurs. · Permits municipalities to construct, improve and main- tain gas and electric distribution facilities owned by a municipal gas or electric utility under MN Statutes 429. · Prohibits local units of government from creating a for profit or not for profit corporation unless specifically au- thorized to do so under Minnesota law. This is identical to a provision also contained in Chapter 231, the omni- bus tax bill. · Allows political subdivisions to issue bonds for health insurance procurement. State tax filing extension Chapter 34 extends the deadline for filing state income taxes for residents of federally designated flood disaster ar- eas until May 30, 1997. Effective April 16, 1997, Entitlement land payment distribution Chapter 39 modifies current law which governs distribu- tion of federal payments in lieu of taxes on entitlement lands to allow for payment to any city or town which provides one or more specific services to those lands. The requirement that the city or town be "primarily responsible" for land use planning or official controls is removed. Effective April 22, 1997. General government Statutory city mayor and fire chief not incompatible Chapter 23 provides that the offices of statutory city mayor and the fire chief of an independent nonprofit fa'e fighting corporation serving the city are not incompatible offices and that an individual may hold both positions at the same time as long as (1) the mayor does not appoint the fire chief, (2) the mayor does not set the fire chief's salary or benefits, (3) neither office performs functions that are incon- sistent with those of the other, (4) neither office, in their offi- cial capacity, enters into contracts with the other, and (5) the mayor does not approve the fire chief's fidelity bond. Effec- tive August 1, 1997. P tl- ir d: C to ex 1.c Fi ins ins ]es me tie: sar rat2 suf~ the pa/. din 15.~ wit. C Page 4 League of Minnesota Cities ads 3ne ~tible the fire ~F ~con- offi- Cities State Demographer's Bill Chapter 87 clarifies the state demographer's role in pre- paring population and household estimates for local units of government when consolidations, annexations, detachments or other boundary changes occur. Under the new law, any boundary change approved by the municipal board must be reported to the affected municipality and the state demogra- pher. A population and household estimate of the affected area on the effective date of the municipal board order will be prepared by the affected municipality and certified to the state demographer. Under current law, the municipal board must make a finding of the population for the affected areas. The law also clarifies the appeal process for challenging population and household estimates prepared by the state de- mographer. A governing body may challenge an estimate by filing their specific objections in writing with the state de- mographer by June 10. If a revised estimate acceptable to the governing body is not prepared by June 24, the govern- ing body may call for, and pay for a special census con- ducted by the United States Bureau of the Census. Commercial drivers' license exemption Chapter 35 exempts certain backup snow plow operators from the commercial driver's license requirement. Effective April 17, 1997. Wide snowplow permits Chapter 114 authorizes the state and local authorities to is- sue annual overwidth permits, effective October 1 to April 1, to operate motor vehicles with snowplow blades that do not exceed ten feet in width when deployed. Effective May 9, 1997. Fire or explosion damage escrow requirements Chapter 47 modifies the escrow requirements for property insurance proceeds for fire or explosion damage and requires insurers to withhold 25 percent (currently 15 percent) of the lesser of the property's actual cash value for the final settle- ment for a municipality covered by these laws. Municipali- ties will have 30 days (currently 15 days) to show that such mounts should be escrowed to protect the public health and safety. Receipt of an affidavit prepared by the municipality, rather than the court motion required by current law, will be sufficient for the insurer to forward the withheld amount to the municipality's treasurer. If the municipality secures, re- pairs, or demolishes the structure under applicable law or or- dinance, upon the lapse of the 45 days, the escrowed amounts may be used to reimburse the municipality but only 15 percent of such amounts may be used for administrative expenses. There is an exception to the withholding require- ments if the insured files evidence of a contract to repair with the insurer within 30 days (currently 15 days) following agreement on a final settlement. Effective August I, 1997. Errors in public notice Chapter 56 provides that if, through no fault of the local ~rporation, an error occurs in the publication of a public notice, the error has no effect on the validity of the event, action, or proceeding to which the public notice re- lates. Effective August 1, 1997. Written notice to mobile home park applicants and residents Chapter 61 requires that written notice be provided to pro- spective mobile home park residents along with the park residency application. The notice must state that the park is required to provide written procedure~ and criteria used in evaluating prospective residents and reasons for application denials. Additionally, for rule violations to be effective, the resident must receive written notice which specifies the date, approximate time, and nature of the alleged rule violation. Effective August 1, 1997. Notice of impoundment within five days Chapter 70 reduces the ten day time period in which notice must be given when a vehicle is impounded to five days. Ef- fective August I, 1997. Cities helping cities Chapter 75 allows city and county governing bodies to provide assistance to cities or counties located in federally designated flood disaster areas. The assistance is required to be used in aiding flood relief efforts until January 1, 1998. Effective May 2, 1997. (The effective date was accidentally omitted but was included in the omnibus tax bill.) Eminent domain for wastewater Chapter 82 authorizes townships to use eminent domain and other powers for wastewater infrastructure purposes. Effective May 3, t997. Public nuisance expansion Chapter 100 expands the public nuisance statute by re- moving the "keeping or maintaining a disorderly house" lan- guage and adding a reference to other public nuisance stat- utes. Acts which consititute a public nuisance now include: (1) permitting or maintaining a condition which unreason- ably annoys or injures the health, safety, comfort, morals, or repose of any considerable number of members of the pub- lic; (2) any act or omission which the law declares a public nuisance but for which no sentence is specifically provided; and (3) permitting real property to be used to maintain a pub- lic nuisance or renting real property knowing it will be used to maintain a public nuisance. For acts constituting a nui- sance with regard to controlled substances, a nuisance action may not be filed if within 30 days, the recipient of a notice abates conduct constituting the nuisance or enters into an agreed abatement plan within 30 days. A temporary injunc- tion may be sought upon failure to comply with the plan. Ef- fective August 1, 1997. Commercial enterprise violations Chapter 122 includes commercial enterprise violations to the list of acts which constitute a public nuisance. Effective 1997 Law Summaries Page 5 for incidents occurring after July 3 I, 1997 except that a single violation that occurs after this date is effective to count as one of two incidents required to constitute a public nuisance regardless of whether the other incident occurred after that same date. Omnibus liquor bill Chapter 129 is the omnibus liquor bill and contains several provisions relating to municipalities. · Municipalities may now authorize retail on-sale intoxi- cating liquor licensees to dispense intoxicating liquor at off premises community festivals held within the mu- nicipality. The area where such beverages will be sold and consumed must be specified and liability insurance covering the event is required. Effective May 10, 1997. · Local governments are allowed, upon a licensee's re- quest, to adjust the licensing period for any holder of multiple on-sale alcoholic beverage licenses in the state. The local government unit may charge a fee for an ad- justment of the licensing period. Effective August I, 1997. · Licensees who sell less than $25,000 of 3.2 malt liquor or wine if on-sale or $50,000 of 3.2 malt liquor if off- sale, are not required to carry liability insurance. Effec- tive August 1, 1997. · Municipalities may now authorize the Sunday sale of 3.2 percent alcoholic beverages in addition to th,' ;,,lc of intoxicating liquor. Effective May 10. 19~7. · The cities of Duluth, Hermantown, and Proctor may per- mit the off-sale of intoxicating liquor until I0:00 p.m. Monday through Saturday. The City of Spring Lake Park is authorized to issue one additional on-sale intoxi- cating liquor license and the City of Moorhead may is- sue two additional licenses. Intoxicating liquor licenses may be issued to the City of St. Paul's park and recre- ation department and intoxicating liquor may be sold at professional sporting events at the St. Paul Civic Center. Effective upon local approval. · State liquor control authority, previously delegated to the Department of Public Safety's liquor control divi- sion, is transferred to and consolidated with the alcohol and gambling division. This merger has already oc- curred; the law makes it official. Effective retroactively to October 1, 1996 Effective August 1, 1997 unless otherwise indicated. No penalties for calling police Chapter 133 prohibits landlords from punishing tenants for seeking emergency police assistance and preempts inconsis- tent local ordinances which require eviction of tenants or im- pose a fee on landlords after a specific number of calls to po- lice. Local ordinances geared toward nuisances are not af- fected. Applicable to lease agreements modified, entered into, renewed on or after July 1, 1997. Any existing incon- sistent lease provision is unenforceable on or after that date. City bankruptcies Chapter 148 authorizes municipalities to file for protection under Chapter 11 of the federal bankruptcy code. Under a federal law change in 1994, states were required to specifi- cally authorize bankruptcy filing for local governments. Ef- fective May 14, 1997. Government meetings by interactive TV Chapter 154 authorizes meetings of governmental bodies to be conducted by interactive television as long as certain criteria are present to ensure compliance with the Open Meeting Law. For example, each participating member must be able to hear and see one another and all discussion and testimony presented at the regular meeting location where at least one member must be present. Effective May 16, 1997. Liquor definitions recodified Chapter 179 recodifies certain statutory liquor provisions including the definitions section and various provisions re- lated to taxation. Effective August 1, 1997. Met Council credits and cost allocation methods Chapter 181 allows the Metropolitan Council, upon taking ownership of local interceptors or treatment facilities, to make direct periodic payments to local governments instead of the usual credits against the local government's metropoli- tan disposal system costs. Effective May 20, 1997. Addi- tionally, the Met Council's cost allocation method for waste- water services is modified. Generally, costs will now be al- located among and paid by all local government units which will discharge sewage, directly or indirectly, into the metro- politan disposal system during the budget year with certain current law deductions. Effective January 1, 1998 for costs allocated after that date. Omnibus state government finance Chapter 202 contains various appropriations and several significant provisions of interest to local units of government including: Community-based planning · $330,000 for the biennium for community-based plan- ning and the advisory council on community-based planning; · $150,000 in the first year for three grants to counties or joint powers boards selected to participate in the com- munity-based planning pilot project. Counties receiving grants may provide funding to their municipalities for community-based planning purposes. · $375,000 in the second year for planning grants to a county, joint planning districts, or a county and one or more of the municipalities within the county when they submit a joint application to prepare community-based plans. Priority will be given to joint efforts. Counties receiving grants may provide funding their municipali- ties for community-based planning purposes. Page 6 League of Minnesota Cities ( a v n II S P h: ai S: ni: da cit col pai ity. ratt nia A ted pre,~ to ~ wi~ plat The shiF Citit vie, ia al ar~c 1611 Annexation and the Municipal Board A municipality may declare an unincorporated area an- nexed where they would otherwise be required by order from the Pollution Control Agency to extend a governmental service outside its jurisdiction to the unincorporated area. The municipality would adopt an ordinance and submit it to the Municipal Board or its successor. Review and comment on the ordinance is permitted but approval within 30 days is required. The annexation is effective on the day it is ap- proved. The municipality is then required to amend its com- prehensive plan and official controls. When other state agencies order municipalities to extend governmental ser- vices to unincorporated areas, the Municipal Board will have authority to consider designation of the area for orderly an- nexation. Parties filing objections with the Municipal Board may submit a written request to the Bureau of Mediation Services within 30 days of the filing with the consent of all parties to have the dispute settled through mediation. The Municipal Board must be notified in writing that all parties have agreed to have the dispute settled by mediation. The Municipal Board will sunset effective December 31, 1999 and its powers and duties will be transferred to the Office of Strategic and Long Range Planning. Effective May 31, 1997. Dispute resolution A process is established consisting of mediation and sub- sequent binding arbitration for disputes that arise in the plan- ning process and in annexation proceedings. Decision stan- dards for the arbitration panel are stated in the form of pro- cedures and conditions for both approval and denial of a city's community-based comprehensive plan, a municipal in- corporation, annexation of unincorporated property, munici- pal consolidation, detachment of property from a municipal- ity, and concurrent detachment and annexation of incorpo- rated property, as well as procedures and conditions for de- nial. Effective May 31, 1997. Community-based planning All Minnesota counties, cities, and townships are permit- ted to prepare and seek funding for community-based com- prehensive plans. Each local unit of government that chooses to prepare a community-based plan is required to coordinate with neighboring governmental units. Growing cities must plan for their estimated land needs for the next 20 years. These cities must come to agreement with surrounding town- ships for an orderly annexation plan for the next 20 years. Cities and townships must submit plans to the county for re- view but the county's approval is only required if the county is also preparing a community-based plan. Joint planning is permitted by establishing joint planning districts. Ten goals ar~ established and outlined in detail relating to economic d~velopment, sustainable development, conservation, land u~ planning, livable community design, housing, transporta- tion, public investment, public education, and citizen partici- pation. The Office of Strategic and Long Range Planning ~vide financial and technical assistance to local units of government in preparing their plans and will review and comment on plans that have been prepared. The plan is deemed approved after 60 days unless the Office provides written notification of deficiencies and suggested changes. The local unit of government then has 60 days to revise and resubmit the plan. Plans must be reviewed and updated at least once every ten years. The Office must review and ap- prove updated plans. When zoning conflicts with the plan, the plan will supersede. Both zoning and official controls must be consistent with the plan. The Met Council is re- quired to amend the metropolitan development guide to re- flect the community-based planning goals. After July 1, 1999, the Met Council may not approve local plans or plan amendments until comments from the Office are received and considered. The Office will review and comment on the amendments. A 22-member advisory committee on commu- nity-based planning is established and will issue a progress report with recommendations to the legislature in 1998. More mighty ducks $5 million will be spent to build new and renovate existing ice arenas around the state. Enhanced 911 Providers of cellular and wireless services will be required to cooperate in planning and implementing integration of these services with enhanced 911 systems to meet federal communications commission standards. This planning must be completed in the metro area by October 1, 1997 and out- side the metro area by December 1, 1997. Providers must submit estimates of the costs associated with such integration to the Department of Administration which will then coordi- nate with counties and affected public safety entities. Instal- lation and recurring costs will be paid by the Commissioner of Administration where 911 service is included in the state- wide design plan or where the provider has contracted with the Department for 911 service. Local governments respon- sible for planning will be required to ensure that 911 calls made from cellular phones are automatically connected to one of ten answering points around the state to be operated by the Minnesota Highway Patrol and other civic entities. Beginning October 1, 1997, these additional entities will re- ceive payment from the 911 account and an annual audit on the use of 911 funds will be required. Long-distance charges incurred due to transferring 911 calls to other jurisdictions and equipment necessary for community alert systems are added to the list of permitted uses of money from the 911 account. Cellular and wireless customers will pay the en- hanced 911 fee beginning with July 1997 billings. Several reports and advisory councils are authorized · A biennial report to the legislature on state bond laws, the past five years of bonds for state or local govern- ment building projects, and any outstanding authority from those bonds. · A Minnesota Planning advisory council which will look at the state's economic future and strategic goals. 1997 Law Summaries Page ~y · An advisory council on local government to examine the roles and responsibilities of local and regional govern- ment within the metro area · A commission to evaluate selected corporate subsidy programs and tax laws to determine what public pur- poses are served. · An information policy task force to study state laws and make recommendations on data practices and informa- tion technology issues. Access to data Local government documents, such as codes and ordi- nances, meeting schedules and minutes, and other notices is required to be provided to citizens upon request free of charge or for a nominal cost of reproduction. Other provisions ~or the biennium is appropriated to the Intergov- e~formation Systems Advisory Council. The Council will create a committee whose membership must in- clude one representative from the legislature, the Office of the State Auditor, the Department of Revenue, the Depart- ment of Finance, counties, cities, townships, special districts, and the general financial community. The committee will be responsible for providing general direction and oversight. The Office of Technology is now an official state agenc,' with an executive director appointed by the governo-..', will be responsible for ensuring that the state's technological de- velopment takes place in a logical and intergovernmentally coordinated manner. An appropriation of $4,703,000 for the biennium is made for administrative operations. The Boarqt of Government Innovation may require grant recipients to repay al-~--or p.art o~t a grant received upon a de- termination that the proiect funded bY t-l:ie grant resulted in ' a'~fi'-'~tual savings to the loca~-nunits of government involved. Demands for repaymen{ may be made re~ardlcss of wb,,th~,r ~a~ offer to r~'~ the grant was In~~or~innl application. Grant agreements will be required to specify how savings will be determined and the time period over which the savings will be used to calculate the required re- payment. A formula is provided to calculated the repay- ment amount. Repayments are capped at the amount of the original grant. Bonus points will be awarded to competitive grant applications that project a potential cost savings and offer to repay the grant. Any amounts repaid will be used by the board for additional grants.,..A~ ~;306 f}O0~ made to~fund some Board in fiscal years 1996 and 1997.' All provisions are effective August 1, 1997 (July 1, 1997 for appropriations) unless otherwise indicated. Protection from lawsuits intended to chill free speech Chapter 209 creates an action in state court against a per- son who has brought a claim in federal court that materially relates to public participation by the person and requires the court to award actual damages, reasonable attorney fees and costs, and may award punitive damages if the persondemon-~ strates that the federal court action was brought for the pur- pose of wrongfully injuring the person including harassment, interference with public participation, inhibition of the exer- cise of constitutionally protected rights. Effective August I, 1997. Tort liability limits increased Chapter 210 increases the tort liability limits for claims against governmental units from $200,000 to $300,000 for a single claim and from $600,000 to $750,000 in 1998 and 1999, and to $1,000,000 in 2000 for any number of claims arising out of a single occurrence. Beginning January 1, 1998, and each year thereafter, the State Auditor will be re- quired to collect information from counties, cities of the first, second, and third class, and school districts with enrollment exceeding 100 students. The auditor must prepare a report on amounts of public funds expended for legal services to defend the entity from lawsuits, any judgments from such lawsuits, and amounts paid in voluntary settlements which must include retainer fees paid to outside counsel and to at- torneys performing criminal or prosecutorial work. Effective January 1, 1998 for claims arising from acts or omissions taking place on or after that date. Certification of expert review to sue professionals Chapter 212 requires that a certification of expert review be provided in an action alleging negligence or malpractice in rendering a professional service where expert testimony is to be used. The certification that the lawsuit is not frivolous would be made by another member of that profession. Pro- fessionals included are architects, certified public accoun- tams, engineers, landscape surveyors, landscape architects, and attorneys. Failure to comply within 60 days of demand allows the opposing party to move for and be granted dis- missal with prejudice of each claim. Effective August 1, 1997 and applicable to claims arising from incidents occur- ring on or after that date and actions commenced after Au- gust 1, 1998. Opossum nuisances Chapter 226 allows owners and occupants to kill opos- sums causing damage. No permit or license is required. Current law allows such practice for mink, squirrels, rabbits, hare, raccoon, lynx, bobcat, fox, muskrats, and beavers. A person who kills any of these animals must notify a conser- vation officer or an employee of the division within 24 hours but no longer must the animal's body be brought in. Effec- tive August 1, 1997. Tobacco licensing and regulation Chapter 227 authorizes cities and towns to license and regulate the retail sale of tobacco and to establish a license fee to recoup enforcement costs. Counties are required to li- cense and regulate in unorganized territories and in cities and towns that choose not to license and regulate. Tobacco lic- ensees will be charged an administrative penalty of $75 for Page 8 League of Minnesota Cities s~lling to minors. Second and third violations within 24 months at the same location will be charged $200 and $250 with a suspension of at least seven days, respectively. Indi- viduals who sell to minors will be charged an administrative penalty of $50 in addition to the potential criminal sanctions of up tO one year in jail and a $3,000 fine which exist under current law. Notice, an opportunity to be heard, and a writ- ten determination that a violation did occur are required prior to any civil penalty or suspension. Licensing authorities are required to conduct one unannounced compliance check per calendar year at each location where tobacco is sold. Minors between the ages of 15 and 18 will be involved in the com- pliance checks. Tobacco manufacturers are required to an- nually report to the Commissioner of Health whether certain toxic substances are present in their products and local gov- ernments may request this information. Vending machines and open displays of single packages of cigarettes and smokeless tobacco accessible without the assistance of store employees are prohibited. An exception is made for retail stores where 90 percent of the revenues are from tobacco and tobacco-related products which cannot be entered at any time by persons under the age of 18. Multiple-packages and cartons may be sold in open displays until federal rules gov- erning this issue are implemented and effective. Local ordi- nances which are more restrictive in regulation than state law are not preempted. During the 1996 legislative session, similar legislation was unsuccessful in large part because it would have preempted more restrictive local ordinances. Local units of government must take reasonable steps to send notice by mail to each licensee at least 30 days prior to a meeting at which a more restrictive local ordinance will be under consideration. Effective August 1, 1997. Carryover bonding authority Chapter 169 provides that any state bonding authority allo- cated to entitlement issuers (Minnesota Housing Finance Agency, Minneapolis, St. Paul, and Dakota County) which is carried over from the previous year must be used in the cur- rent year before any new bonding authority is issued. Effec- tive August l, 1997. Sanctions in civil actions Chapter 213 allows the court to impose sanctions in civil actions if an attorney or unrepresented party presents a pleading, motion, or other paper which is found by the court to: · be presented for an improper purpose such as to harass or unnecessarily delay or increase the cost of litigation; · be unwarranted by existing law or by a nonfrivolous ar- gument for the extension, modification, or reversal of existing law or the establishment of a new law; · have no evidentiary support nor to be likely to have evi- dentiary support after reasonable opportunity for discov- ery or investigation; or · be based upon denials of factual contention which are unwarranted on the evidence, or are unreasonably based on a lack of information or belief. The sanctions may be monetary to the extent necessary to deter repetition of the conduct, or may be a directive of a nonmonetary nature. These provisions apply to causes of ac- t/on m/sing on or after August 1, 1997. Data Practices - Human rights data Chapter 172 reclassifies human rights investigative data contained in open case files as confidential data on individu- als or protected nonpublic data. In the context of pending litigation, the name and address of the charging party and the respondent, the factual basis of the allegations, and the stat- ute under which the action is brought is reclassified as pri- vate data on individuals or nonpublic data but are accessible to the charging party and the respondent. A finding of prob- able cause is now required in order for the Commissioner of Human Rights to make human rights investigative data con- tained in open case files accessible if it will aid the investiga- tive and enforcement process. Human rights investigative data contained in closed case files is reclassified as private data on individuals or nonpublic data except that the name and address of the charging party and respondent, the factual basis of the allegations, the statute under which the action is brought, the party for the summary, of the investigation that does not contain identifying data on a person other than the charging party or respondent, and the Commissioner's memorandum determining whether probable cause has been shown is public. Effective August 1, 1997. Department of Commerce Bill Chapter 222 provides that a political subdivision that is- sues zoning or land use permits in lieu of a building permit shall not issue those permits to an unlicensed person who is required to be licensed under the residential contractor stat- utes. The political subdivision must report an unlicensed ap- plicant to the commissioner of commerce. Effective August 1, 1997. The number of classroom hours required for certification as a residential real property appraiser is reduced from 165 to 120 hours. The number of hours for certification as a gen- eral real property appraiser is increased from 165 to 180 classroom hours. The experience requirement is changed from 2 years of experience for all licensees to 2,000 hours for registered real property appraiser or licenced real prop- erty appraiser, 2,500 hours for certified residential real prop- erty appraiser, and 3,000 hours for certified general real property appraiser. A new continuing education requirement for four hours each license period is established. Effective August 1, 1997. Bonding bill Chapter 246 provides for the sale of $i i 1 million in state bond authority and appropriates the proceeds. Appropria- tions include $4 million for flood damage reduction, $1 mil- lion for individual sewage treatment grants to municipalities, $7 million for wastewater infrastructure fund loans, $7 mil- lion for the department of trade and economic development's contaminated site cleanup and development account for 1997 Law Summaries Page 9 brownfields, and $3 million to match federal funds for local bridge replacement and rehabilitation. Building contract modifications Chapter 127 makes changes to building contract regula- tions. It states that unless the contract provides otherwise, monthly progress payments must be made as the work progresses, in an amount based upon work completed, and that an owner may reserve as a retainage an amount not to exceed five percent of the payment. Prime contractors and subcontractors must pay subcontractors within ten days of receipt of payment from the owner for undisputed services. These provisions do not apply to most residential real estate contracts. kH°using The following Housing provisions are contained in the Economic Development act, Chapter 200: · Manufactured home parks are established as conditional uses in zoning districts that permit construction or siting of multi-family dwelling units for two or more families. Effective July 1. · A Lead hazard reduction advisory task force is created to study and recommend a program to certify lead-safe residential rental property and to look at many other lead issues. Accessibility Loan criteria are changed ',c~ make house- holds (rather than families) eligible for rehabilitation loans, without income limits, if the borrower or an indi- vidual residing in the borrower's home is disabled and the proposed housing improvement will assist the bor- rower or the disabled person who residers there. Effec- tive July 1. MHFA equity take-out loans are authorized for owners of Section 230 rental proper~y on which MHFA holds a first mortgage. Owners of Section 8 project-based rental property who are currently eligible for such loans must agree to participate in the Section 8 program and provide affordable housing for Iow-income households for the entire term of the Section 8 contract. Likewise, owners of Section 236 rental property must agree to such requirements as well as to extend any rental assis- tance payments for the maximum term permitted under such agreements. Effective July 1. MHFA demonstration grants are authorized for owners or managers of multi-family rental properties to develop or coordinate services to help tenants to be self-suffi- cient and live independently; improve tenant-community relations and strengthen the local community. Effective July 1. MHFA is authorized to use Minnesota Housing Trust Fund revenues to make loans or grants for temporary and transitional housing as well as for migrant worker housing. Effective July 1. A family stabilization demonstration project is autho- rized to provide rental assistance to families who re- ceived public assistance at the time they were initially eligible for rental assistance in which one parent with a least one child has an income. Rent assistance can in- clude up to $250 for a security deposit for units in the metropolitan area. MHFA is also directed to award housing vouchers to county agencies for participating families. Effective July 1. MHFA is authorized to make grants and loans to non- profit housing organizations to construct, acquire, rehab, demolish, finance, refinance or to provide gap financing for single or multifamily housing. Eligibility for the funds depends on the coordination of the use of those funds with its other housing-related efforts and the ex- tent to which the proposed project is consistent with the city's consolidated housing plan. The city must be noti- fied of the intent by the nonprofit organization to apply to MHFA for funds. The city may submit comments to MHFA, which is required to consider them in reviewing the application for funds. Effective July 1. Local public housing authorities are required to report to MHFA each year, beginning February 1, 1998, the loss in the number of low-income rental units or Section 8 certificates or vouchers from the previous year and to assess the reasons for that loss, including whether it is due to state welfare reform initiatives. No later than March 15 of the following year, local public housing agencies are also required to report to MHFA the num- ber of low-income housing units it has demolished. Ef- fective July 1. ~'~.' ~l[ ~'~. Personnel & pensions Civil air patrol leaves of absence Chapter 20 requires employers to grant a leave of absence without pay to employees rendering service as a member of the civil air patrol. Effective August 1, 1997. Positive drug tests Chapter 180 requires employers to provide written notice of the right to explain a positive drug test to job applicants or employees who test positive for drug use. The employer may request any relevant information regarding the reliabil- ity of or the explanation for the positive test including an identification of prescription or over-the-counter medication that is or recently has been taken. Instead of an opportunity to review their personnel record upon an employee's written request, employers may provide a copy of the personnel record but may no longer charge any fee for such copy, in- cluding the actual cost of making, compiling, and mailing the copy. Effective August 1, 1997. OSHA filing deadline met by postmarked date Chapter 81 provides that an employer's OSHA notice of contest may be timely filed by depositing such notice in the si oi dr be pl ye ad cie PE Page 10 League of Minnesota Cities U.S. mail, postmarked within the time fixed for filing, ad- dressed to the Commissionor. (Current law requires that the Commissioner be in receipt of the notice of contest within the time fixed for filing.) Effective for enforcement proceed- ings commenced on or after August 1, 1997. Payment of wages Chapter 83 modifies provisions governing payment of wages to cover all employers, including the state and its po- litical subdivisions. Employees who quit or resign are en- titled to be paid in full by either the next regularly scheduled payday or the second payday, if the first payday occurs less than five days after the final date of employment, but in no case shall it exceed 20 days after the final date of employ- ment. This requirement does not apply where a collective bargaining agreement provision governs this issue. Effec- tive August 1, 1997. Notice and approval required to dissolve certain insurance funds Chapter 117 requires employers to provide 30 days' writ- ten notice to each exclusive representative of employees and each individual currently receiving health benefits prior to a decision to dissolve any self-insurance, trust fund, or dedi- cated insurance fund created by a single statutory or home rule charter city, county, school district, or their instrumen- talities. Approval is required from the representative of the largest number of employees. Any remaining assets are re- quired to be audited before closure and dedicated for use for health insurance benefits for individuals currently receiving them. Joint self-insurance trusts or pools are specifically ex- cluded from these requirements. However, upon dissolution of a joint self-insurance trust or pool, the assets or liabilities are required to be distributed to members of the trust or pool in accordance with the trust or pool agreement, if any. Ef- fective July 1, 1997. Pension Uniformity Law Chapter 233 makes many changes to the major public pen- sion plans. Benefit levels of PERA, TRA, and MSRS are made more uniform, and the long-term funding deficiencies of PERA and of the first class city teacher plans are ad- dressed. The bill increases the initial PERA benefit multi- plier from 2.5 to 2.7 per year of service for basic plan mem- bers, from 1.5 to 1.7 per year of service for most coordinated plan members, and from 1.0 to 1.2 for each of the first 10 years of service for certain coordinated plan members. To offset the cost of the initial benefit increase, the cap on the consumer price index portion of the annual cost of living adjustment is reduced by one percent, from 3.5 to 2.5 per- cent. In addition, employee and employer contribution rates are increased to help the PERA plan achieve funding suffi- ciency. The PERA employer contribution increases from 4.48 to 5.18 percent for coordinated plan members and from 10.73 to 11.43 percent for basic plan members, while the PERA employee contribution increases from 4.23 to 4.75 percent for coordinated plan members and from 8.23 to 8.75 for basic plan members. The initial benefit formula multi- plier for PERA police and fire pensions is increased from 2.65 to 3.0 percent of salary. The increased PERA contribu- tion rates are effective for the first full pay period after De- cember 31, 1997. The benefit changes are effective July 1, 1997. A new state aid program is established to partially reim- burse local governments for the cost of the increased em- ployer contribution. The aid will be sent semiannually be- ginning December 26, 1997, which means cities will receive what amounts to an advance on their increased obligations. Each aid payment will equal 0.35 percent of the local government's fiscal year 1997 PERA payroll, so the annual amount of aid will equal the 0.7 percent increase in the em- ployer contribution. The amount of aid will no.~t increase with increases in payroll costs, so the increased employer contribution for any new hires or raises will not be reim- bursed by the state. However, any significant decrease in payroll below fiscal year 1997 levels may result in a de- crease in the state aid. The PERA normal retirement age is gradually increased to 66 years for people who became public employees after June 30, 1989. The law expands eligibility for police state aid to the de- partment of natural resources and the department of public safety to help pay the pension costs of licenced peace offic- ers in these departments. The law also changes the determination of excess police state aid to municipalities to be based upon the PERA Police & Fire employer costs for police pensions only. Previously, excess police state aid was based on all police and firefighter pension costs including local salaried fire relief association costs. Those 48 cities which received excess police state aid for their full-time firefighters will still annually receive the amount of aid they received in 1997, but no new excess po- lice state aid will be sent to any city for fire pension costs. The law provides for the adjustment of police state aid amounts to be paid in October 1997 to correct inadvertent overpayments and underpayments to cities and counties in the September 1996 payments. The law also provides for changes to the plans for legisla- tors and constitutional officers, first class city teachers, and Minneapolis police and firefighters and minor changes for local relief association consolidation accounts. Pension provisions Chapter 241 contains various pension modifications, in- cluding changes to individual local plans. Chapter 241 changes investment performance reporting requirements for all local police and fire relief associations. The current in- vestment reporting requirement is repealed. All plans must submit an updated investment policy and report any changes to that policy in the future. Plans with assets greater than $10 million on January I must annually report total portfolio value, as well as details about separate asset classes and in- 1997 Law Summaries Page 11 1~ ~g vestment accounts for each month, the amount and date of each total portfolio injection and withdrawal, and the time- weighted rate of return calculation. Plans with assets less than $10 million must annually re- port the amount and date of each total portfolio injection and withdrawal and the total portfolio market value at the begin- ning of the year and for each quarter. This data will permit the State Auditor to compute the total portfolio time- weighted rate of return for the plan. The plans also are re- quired to collect and permanently retain data to permit com- putation of asset class returns if that data is requested. This data will permit the State Auditor to compute the total port- folio time-weighted rate of return for the plan. Penalties for relief associations which do not submit an. nual investment reports to the state auditor in a timely man- ner are expanded. Plans can potentially lose state appropria- tions as well as state aid. Plans can get an extension to No- vember 30 to submit repons if they demonstrate hardship or the inability to conform to the state auditor's requests. Re- porting requirement changes are effective beginning January 1, 1998. The new penalty provisions are effective beginning January 1, 1999. Chapter 241 also includes an increase in the maximum al- lowable volunteer firefighter pension benefits for monthly and lump sum plans. Several cities' relief associations are at or near the current maximum levels. The new law allows sociations with excess funding to increase the monthly service pension from $30 per month/per year of ser- vice to $40 per month/per year of service. The maximum lump sum service pension is increased from $4,000 per year of service to $5,500 per year of service. These new maxi- mums will, in some cases, make the level of the volunteer pension comparable to the pension of a full-time PERA member. The new maximums are effective for pensions pay- able after December 31, 1997. Public safety Charges for emergency services Chapter 16 authorizes townships to impose a reasonable charge for emergency services provided by the township or contracted for by the township. 1837 treaty implementation Chapter 30 appropriates an amount as needed, not to ex- ceed $6.5 million, from the budget reserve to the Commis- sioner of Public Safety to reimburse various state depart- ments and agencies and local units of government for costs incurred related to the 1837 treaty. This appropriation is available until June 30, 1997. Prior approval is required for reimbursement for equipment acquisition. The Commis- sioner may request that local units of government assign peace officers to assist the department with its duties relating to the 1837 treaty and may make appropriate arrangements for their compensation. The Commissioner may also employ off-duty peace officers. Effective April 12, 1997. Chapter 55 prohibits law enforcement, peace, or animal control officers' entry into farm animal facilities where con- fined farm animals are kept unless bio-security measures identified by the Commissioner of Natural Resources and the Board of Animal Health are followed. An exception is made for emergency or exigent circumstances. Effective August I, 1997. Proof of intent not required for stalking Chapter 96 clarifies that, under the criminal harassment and stalking law, the state is not required to prove that the actor intended to cause the victim to fed frightened, threat- .ened, oppressed, persecuted, or intimidated or that the actor intended to cause any other result. The definition of"ha- rass" is changed to encompass intentional conduct which the actor knows or has reason to know would make the victim feel frightened, threatened, etc. Under current law, the defi- nition only encompasses intentional conduct which would evoke such feelings in a reasonable person. Effective the day following final enactment. Among other changes, this new law also limits a defendant's fight to seek sentence modification and increases the penalties for violating domes- tic abuse or restraining orders. Effective August 1, 1997. Make. up state aid Chapter 125 appropriates additional state aid amounts to certain cities and the metropolitan airports commission which receive police state aid. These cities received less in 1996 than was intended due to errors in statutory drafting. Effective May 10, 1997. Background investigations required Chapter 214 requires law enforcement agencies to conduct background investigations for peace officer applicants and provides for the release of data by the Board of Police Of- ricer Standards and Training (POST), the sharing of informa- tion among POST and law enforcement agencies, and pro- vides civil immunity for employers providing such informa- tion for the purposes of conducting background investiga- tions. Effective August 1, 1997. Emergency snow and flood funding Chapter 12 appropriates a total of $20 million: $6 million to provide a state match for 1997 federal disaster funds for snow-related disaster costs to be distributed according to a formula agreed to by the state and the Federal Emergency Management Agency (FEMA), to fund the local government match for eligible snow-related disaster costs and to fund the ten percent of those costs which FEMA determines are ineli- gible for federal reimbursement. The act also requires that reimbursement to cities and other local units of government be coordinated with emergency federal funding (FEMA) for those purposes as well as to respond to immediate public safety concerns. The act designates $3 million to assist with 1997 flooding and related emergencies that affect public safety as a state match for federal disaster funds and for r. f S: P £ g: fc Page 12 League of Minnesota Cities other flood-related costs not covered by FEMA. Another $11 million is to reimburse local government snow removal ex- penditures in 1996, according to a formula comparing the 1996 expenses with the average annual snow removal costs for the previous three years. To receive reimbursement for the latter expenses or to match federal disaster assistance, a city must request the aid and provide relevant information 'to the Commissioner of Public Safety. Article 2 of the act ap- propriates $16 million from the trunk highway fund for state road operations and $95,000 for state trooper overtime costs related to fiscal 1997 winter weather-related emergencies. These provisions were effective March 20. Flood relief Chapter 105 appropriates $20 million from the state bud- get reserve to match state and local funds required to receive federal flood-related disaster funds and to reimburse cities, other local units of government, individuals and families to · be used for costs related to the 1997 floods (to be added to the $3 million appropriated in Chapter 12); provides an ex- · ception to the nursing home moratorium for replacement of · up to 49 beds located in Norman County and up to 129 beds located in Polk County to be relocated from nursing homes destroyed by flooding; early payment of Local Government Aid funds to cities and temporary authority, waivers and transfers related to the flood situation. The appropriation is available until June 30, 1998. The act was effective May 7. · G1 Emergency medical services licensing Chapter 199 establishes licensing requirements for provi- sion of ambulance services and recodifies the current statutes regarding emergency medical service provision. It provides procedures for changing primary service areas, licensing procedures for the emergency medical services regulatory board, a prohibition of denial of service, and a list of areas a- for which the board may adopt rules. The current statute re- garding local government's powers to establish standards for ambulance service which do not conflict with board roles are maintained. Additionally, any proposed local regulation must be found not to diminish public access to ambulance services of acceptable quality. The procedures for penalties and disciplinary action of licensees by the board are ex- ,n : panded. These provisions are effective August 1, 1997. I' i : Omnibus Crime Bill : Chapter 239 is the omnibus crime bill, which appropriates ,ent the I money for various criminal justice and crime prevention pro- ~ grams, makes changes to criminal statutes, and includes the eli- following provisions: .t Appropriations include $2,250,000 in each of the next mt two years for grants to local units of government to as- for sign overtime officers to areas of high crime and for ,i,h ~,( weed and seed grants, and $250,000 in each of the next two years to reimburse local governments for the cost of ' sex offender notification hearings. ities LLaw Summaries A pilot grant program administered by the commissioner of corrections is established to assist local organizations, including local law enforcement agencies, in gang inter- vention activities. A committee is established to study all aspects of firefighter training in the state. Two representatives from the League are to serve on the committee. Local government units are required to cooperate with the committee in the preparation of its report to the legisla- ture. Local governments are no longer exempt from the au- thority of the ombudsman for the Minnesota state de- partment of corrections. This authority includes investi- gative authority of local correctional, detention, holding, jail, and certain residential facilities, examination of records and documents, inspection of facilities, and sub- poena authority. Authority is granted to local governments for establish- ing a restorative justice program. Changes are made to the sex offender notification law New benefits are established for public safety officers who are disabled or killed in the line of duty, and for their survivors. Money is appropriated to a new state fund to pay for the costs of these benefits. This lan- guage also appears in the transportation act, chapter 159. The criminal gang oversight council and strike force are established to develop and implement a statewide gang strategy. In addition, a criminal gang investigative data system is established to maintain a database on individu- als determined or suspected to be involved in criminal gang activity. Arson training is established for state and local police and fire personnel and for prosecutors of arson cases. An arson strike force is established. Transportation and transit Omnibus Transportation Bill Chapter 159 appropriates $196 million for mu- nicipal state aid street fund for the 1998-1999 biennium. $98.7 million for the biennium is appropriated for the MCTO for metro transit operations. The law also contains new ben- efits for public safety officers who are disabled or killed in the line of duty, and for their survivors. Money is appropri- ated to a new state fund to pay for the costs of these benefits. A grant program is established for cities which own and operate key airports in Greater Minnesota as designated by the commissioner of transportation. The grants may be used for purposes of marketing the airport or to conduct market- ing or service improvement studies. $180,000 is appropri- ated for the 1998-1999 biennium for these grants. The law provides that law enforcement vehicles and medi- cal emergency vehicles need to use either a siren or a red light in responding to an emergency, while all other autho- Page 13 rized emergency vehicles must use both a siren and a light. Effective August 1, 1997. This chapter establishes that peace officers may arrest the driver if the officer has probable cause that the driver has, within the past four hours, driven a motor vehicle through a column of school children crossing a street or has driven past a school safety patrol member or adult crossing guard who is holding an official signal in the stop position. In addition, passing a school bus on the right hand side when it is dis- playing its flashing amber signals is a misdemeanor punish- able with a fine of not less than $300. Effective August 1, 1997. Speed limit increase Chapter 143 increases speed limits on rural interstates from 65 to 70 miles per hour and rural non-interstate free- ways and expressways and urban interstates from 55 to 65 miles per hour. Effective July 1, 1997. Telecommunications Use of public rights-of-way by telecommunications carriers Chapter 123 pertains to local government authority to manage and recover actual costs for the excavation, disrup- tion, degradation and management of use by telecommunir,- tions service providers of local rights-of-way. Local units of government are authorized ko require com- panies that own or control facilities used for transporting telecommunications and other voice or data information (other than regulated cable systems) to register, obtain neces- sary permits and pay fees and provide construction perfor- mance bonds and insurance. The act also requires users to comply with installation, construction, location and reloca- tion requirements and to coordinate and time ROW projects. Cities can collect facility location data from users to develop a mapping system. Under the act, cities can recover actual management costs, including those associated with permit applications, inspect- ing, moving user equipment during the city's work in the right-of-way, determining whether restoration is adequate and restoring work that has been inadequately performed. Fees and other obligations must recognize engineering, con- struction, operation and other related requirements and stan- dards that apply to various users and all fees must be com- petitively neutral and apply to all right-of-way users, includ- ing local units of government. ROW restoration Users are required to restore the fight-of-way and sur- rounding areas or local government may require users to re- imburse them for costs of surface restoration that the local government itself carries out. Cities may impose a degrada- tion fee if a telecommunications right-of-way user chooses not to restore the right-of-way and may deny or revoke per- mits if users do not comply with right-of-way regulations. Task Force Convened MPUC is also required to convene a task force composed of proportionately equal numbers of 1) engineers and other experts representing local government and 2) affected utili- ties and other right-of-way users. The task force must make recommendations to the MPUC by November 1, 1997, con- cerning standards as well as the calculation of degradation costs, establishment of mapping systems and high-density corridors, indemnification of local government by right-of- way users and the terms of a model ordinance regulating use of local rights-of-way. MPUC must incorporate those rec- ommendations into statewide construction standards to be adopted by March 1, 1998. The act does not permit local telecommunications fran- chise fees for the use of the rights-of-way nor does it permit in-kind services in lieu of payment of permit fees. In addi- tion, telephone companies which provide cable TV services are subject to the same franchise requirements, fees, and public, educational and government access obligations to which cable companies are subject under Chapter 238. If there is a conflict between the language of a cable franchise agreement and a local right-of-way regulations, the terms of the franchise agreement prevail. Use, validity and security of electronic signatures and messages Chapter 178 is intended to minimize the incidence of forged digital signatures and fraud in electronic commerce and authorizes the Secretary of State to carry out the respon- sibilities of issuing, suspending or revoking computer-based records that identify the subscriber, the subscriber's public key, and the certification authority issuing it and its digital signature as well as notifying the subscriber listed of the contents of the certificate. Once another certification author- ity is licensed which allows a transition to private enterprise, the Secretary of State will discontinue this role. In the mean- time, the Secretary of State is to maintain a database contain- ing a record for each licensed certification authority, publish the database contents, and adopt rules and establish fees to carry out the provisions of the act. The Secretary of State is authorized to adopt rules to implement the act to be effective July 1, 1998. Telecommunication Services Purchasing Cooperatives Chapter 208 authorizes creation of telecommunication ser- vices purchasing cooperatives to provide advance telecom- munication services at reduced wholesale rates to members. No resale or sublease of those services is allowed, but the purchasing cooperative is also not required to provide uni- form rates for members. Cooperatives may be formed to purchase such services by aggregating demand and negotiat- i: P $, r I Page 14 League of Minnesota Cities ,'1- -1- S lng reduced rates for members. The cooperative must serve a contiguous area. Cities and other local units of govern- ment, including service cooperatives, may organize telecom- munication service purchasing cooperatives to benefit resi- dents. A majority of the members of the Board of Directors that governs such purchasing cooperatives must be seeking to purchase some residential telecommunication services through the cooperative, but directors to be elected may not be telecommunications service providers or local elected of- ficials. At least 50 percent of the total number of entities or per- sons who join the cooperative must be seeking to purchase residential telecommunication services through the coopera- tive. Contacts which the purchasing cooperative makes with providers must be filed with the Minnesota Department of Public Service along with annual financial statements. Any- one who resides within the geographic operating area of the purchasing cooperative or anyone within the boundary or service area of local or long-distance telephone companies that are within that geographic area may belong to the tele- communication service purchasing cooperative. Effective August 1. State telecommunication goals Chapter 223 specifies the policies of the public utilities commission for regulation of telecommunication services and the goals that should be considered. These goals include universal service, just and reasonable rates, efficient deploy- ment of enhanced infrastructure, fair and reasonable compe- tition for local exchange telephone service, improving ser- vice, promoting customer choice, ensuring consumer protec- tion, and encouraging voluntary resolution of issues among competitors. The act also limits telephone rate changes, changes calculation of certain prices and rates, and provides for a statewide local access and transport area. .~.i Utilities Customer-specific electricity service Chapter 191 provides for customer-specific rates, terms, and service conditions in electricity service con- tracts between public utilities and their individual customers and requires filing with Public Utilities Commission for ap- proval. An exception to the current law prohibition against installing new natural gas outdoor lighting is created which permits such lighting if it is equipped with a automatic day- time shutoff or is otherwise capable of being switched on and off. Effective May 21, 1997. Upon approval by the PUC public utilities may offer a reduced rate for tariffed electric services to eligible customers. Conditions which must be met in order for the PUC to approve such discretionary rate reductions are specifically outlined. Effective August 1, 1997. The membership of the legislative electric energy task force is increased and their appropriation is doubled from $350,000 to $700,000. The task force is directed to review and analyze issues relating to the restructuring of the electric industry and the costs and benefits of the impacts on the rates and services provided to all customers, the overall state economy, the safety and reliability of operation, the environ- ment, and various types of utilities and suppliers. The task force will also analyze issues relating to the personal prop- erty tax on electric and gas utilities including the ability of Minnesota utilities' to compete in a deregulated environ- ment, the impacts of eliminating the tax on local units that depend on those revenues, and altematives the legislature could consider to increase the ability of utilities to effectively compete while minimizing the impacts on local units of gov- ernment, An interim committee on utility taxation will be es- tablished and is required to work closely with affected local government units in formulating recommendations to the full task force. Findings and recommendations on both the re- structuring and the taxation issues are due to the legislature by January 15, 1998. Effective May 21, 1997. Certificate of need exemption Chapter 198 exempts large electric power generating plants from the certificate of need proceeding if selected by the Public Utilities Commission in a bidding process or se- lected to satisfy the wind power or biomass statutory man- dates. Effective August 1, 1997. Radioactive waste and spent nuclear fuel Chapter 201 relates to the obligation of the federal Depart- ment of Energy to dispose of high-level radioactive waste and spent nuclear fuel by January 31, 1998 and authorizes the Public Utilities Commission to direct persons in Minne- sota that are generating or holding title to such materials and are subject to a fee specified under federal law to remit the proceeds of such fee to the Commissioner of Public Service. The fees collected would be placed in an escrow account and released to the Department of Energy upon a showing that a federal repository for the long-term storage and disposal of such waste and spent fuel is in operation. Effective July 1, 1997. City of Nashwauk gas utility ownership and operation Chapter 21 authorizes the City of Nashwauk to construct and own a gas distribution line to connect locations recently acquired by the city that are not currently served by a natural gas pipeline and to establish a municipal gas utility without the election required under Chapter 412. The act is effective the day after the city complies with M.S. 645.021, subdivision 3. Gas utility service performance regulation plans Chapter 25 requires natural gas utilities with an approved performance regulation plan to file tariff provisions that in- corporate the provisions called for in the plan and authorizes 1997 Law Summaries Page 15~ such plans to provide quality service at rates that are ex- pected to be lower than rates would otherwise be under cur- rent regulation; to reduce regulatory costs; and to provide in- creased earnings to utilities for efficient performance. Such plans must apply to all customers for natural gas distribution service other than the portion of the rates that recover the cost of natural gas supplies. The act also authorizes the Min- nesota Public Utilities Commission (MPUC) to approve per- formance regulation plans to be implemented only after at least 18 months on the basis of findings that the pan provides a benchmark or measure of reasonable and reliable predictor of gas distribution service rates; ensures rates will be materi- ally lower than rates would be under cost-of service regula- tion; links earnings to performance; is expected to offer lower administrative costs; reasonably limits earnings; is compatible with development of increased competition; ad- equately protects against degradation of service quality; pro- vides for evaluation of the plans's effect on rates, service quality, earnings, competition and regulatory costs; and per- mits only annual rate changes and applied on an equal per- centage basis to each customer class. Interested parties have 45 days from the date on which a petition containing a pro- posed performance regulation plan is submitted to MPUC to submit comments on whether the proposed plan sufficiently addresses all requirements. If MPUC does not dismiss the petition as insufficient within 120 days from the date of ing, the petition will be regarded as accepted for Utilities are required to notify customers anct the city council of each city in the affected area of its proposed performance regulation plan as well as a notice of public meetings sched- uled by MPUC on the proposed plan. MPUC is authorized to approve, reject or modify the plan to m~et requirements. The plan becomes effective unless the utility withdraws the proposed plan within 30 days of a final appealable MPUC order. Utilities that withdraw approved or modified plans must pay ail administrative costs related to the plan that are charged by MPUC or the Department of Public Service to the utility and may not file another plan for one year following the withdrawal. Effective August 1, 1997, and expires January 1, 2006. Interest payments on utility deposits Chapter 121 regulates interest payments on utility deposits for service provided by a privately or publicly owned water, gas, telephone cable TV, electric light, heat or power com- pany. Interest to be paid on deposits of more than $20 must be at a rate of not less than 3 percent a year. (Previous re- quirements set the amount of interest to be paid at six per- cent per year.) The act applies to interest calculated on and after August 1, 1996, for deposits held or received on or af- ter that date. Municipal/cooperative utility joint ventures Chapter 232 authorizes the Willmar and Jackson Munici- pal Utility Commissions, the Kandiyohi Cooperative Electric Power Association and the Federated Rural Electric Associa- tion to form joint ventures to provide retail electric and other utility services within boundaries of each of their elec- tric service territories and as otherwise provided by state law. Terms and conditions of the joint venture are subject to rati- fication by the participating municipal utility commission and the board of the cooperative electric power association. Formation of a separate corporate or legal entity independent of the participating utilities is authorized and may be consid- ered either a municipal utility or a cooperative association. The joint venture may not enlarge the territory it serves un- less the retail utility serving the area gives written consent. The joint venture has authority to acquire facilities as well as to combine retail electric service territories and serve cus- tomers in the two utilities' retail electric service territories. Provisions also authorize the joint venture to purchase or sell utility services at wholesale and provide utility services with other cooperative associations. The provisions in this act prevail should there be a conflict or inconsistency with any other law or other charter provision, other than the authority of the Willmar or Jackson city councils to overrule or over- ride an action of their respective municipal utility commis- sion - but that authority does not extend to the actions of the joint venture. The act specifically requires either city to comply with referendum requirements in M.S. 237.19 if the cities wish to establish a telephone exchange within the city. Effective the day following final enactment, except that au- thority granted to the Jackson Municipal Utilities Commis- sion and the Federated Rural Electric Association is effective February 1, 1998. Telephone assistance and voice messaging assistance programs Chapter 234 requires a review of the state telephone assis- tance program by the commissioner of human services, in consultation with the Minnesota Public Utilities Commis- sion. The act requires the commissioner to convene a work- ing group to make recommendations to the legislature by January 15, 1998, which conform to the FCC report and or- der on universal service issued May 8. Working group mem- bers are to include representatives of the Office of the Attor- ney General, telecommunications advisors, and consumer or- ganizations. The act calls on the MPUC and the Commis- sioner of Public Service to preserve eligibility of current telephone assistance program participants in Minnesota. The Commissioner of Human Services is directed to develop and implement two pilot programs, one in the metro area and one in greater Minnesota, to provide voice messaging services for Iow-income persons who do not have phones. The com- missioner is to report on the demand for those services and the impact of the availability of voice messaging to the legis- lature by December 31, 1997, along with recommendations regarding continued provision of such services. The act re- quires MPUC to provide up to $2 per month per active voice messaging account from the telephone assistance fund - up Page 16 League of Minnesota Cities to a total of $50,000 - for the pilot programs and to consider this use of the fund in establishing the uniform statewide sur- charge to fund the telephone assistance program. Effective June 3, 1997. Vetoed: K-12 Education bill Chapter 242 would have appropriated $6.7 billion for pub- lic K-12 schools. The bill contained most of the initiatives requested by Governor, but lacked an education tax credit to families with incomes under $39,000 for educational ex- penses including private school tuition. A special session will be called to address K-12 issues. Omnibus data practices bill Chapter 229 would have made several technical and sub- stantive changes to the Data Practices Act. The Governor's veto reflected his objection to the creation of a special private classification of data relating to the At- torney General's legislative and budget proposals, similar to a protection the Governor's office currently possesses. Public employee unions without elections Chapter 115 would have allowed public sector employees to unionize without holding elections. Once 60 percent of the work force signed up, the public sector employer would have had to recognize and the Department of Labor and In- dustry would have had to certify an employee's union. (Cur- rent law requires union selection by secret ballot.) The Gov- ernor was concerned that this would harm the public em- ployer and employee relationship and felt that the current practice protects employees from intimidation and coercion. Displaced public employees Chapter 116 would have provided seniority, salary and benefits rights and procedures for certain local government employees who are displaced as a result of a transfer of ser- vices to another local unit of government. The Governor's veto message called this bill a "state mandate dictating how local governments should handle labor relations" and noted that it could have the result of discouraging local innovation efforts in service consolidation. Elected Met Council Chapter 151 would have provided for an elected Metro- politan Council. The Governor opposed this concept be- cause, among other reasons, it would force council members place the parochial interests of their constituents and indi- vidual districts above that of the whole metro area. Binding arbitration Chapter 152 would have mandated a binding arbitration process during the initial contracting stage between employ- ers and employee union representatives. The Governor thought it was not advisable to interject a third party into these negotiations. Additionally, he believes that the Na- tional Labor Relations Act would preempt this sort of legis- lation because it is largely based on voluntary surrender to arbitration by both parties. Absentee voting changes Chapter 166 would have allowed voters to obtain an ab- sentee ballot simply by indicating on the ballot application the reason they are unable to vote in person on election day and would have made illegally assisting a voter casting an absentee ballot or accepting any payment for delivering ab- sentee ballot applications or voted ballots a misdemeanor. The bill was vetoed on May 19. Change of address system Chapter 167 would have authorized the Secretary of State to establishments a change of address system for voters who have filed a permanent change of address order with the U.S. Postal Service. The bill was vetoed on May 19. Minors allowed to vote and be elected delegates at precinct caucuses Chapter 168 would have allowed 17-year-olds enrolled in school to vote and be elected as political party delegates and officers at precinct caucuses if local political party units au- thorize it. The bill was vetoed on May 19. What did not become law... Reverse referendum requirement for levy increases. This would have required cities and counties to conduct an election for all levy increases if 5 percent of the voters petitioned for the vote. HACA shift to schools. This would have shifted $180 million of city, county, and township HACA to school districts, while allowing cities and counties to increase their property taxes. Elimination of the LGA inflation adjustment. This was proposed by the Governor, and would have meant $9 million less LGA to cities in 1998 and about $18 mil- lion less in 1999. Governor's salary increase. S.F. 412 would have in- creased the salaries of the Governor, constitutional offic- ers, judges, and commissioners. Minimum wage increase Sales tax repeal for local government purchases TIF moratorium Public utility personal property tax exemption Electric utility industry restructuring DWI. 10% to .08 % threshold change 1997 Law Summaries Page Law summary--1997 Omnibus Tax Bill Levy limits Levy limits will be imposed on all counties and on cities with populations over 2,500 for taxes payable in 1998 and 1999. Special levies are exempt from the limit. Special lev- ies include: · Debt levies for principle and interest on all bonded indebt- edness or for most certificates of indebtedness; · Voter-approved levies assessed against market value; · Levies for unreimbursed flood costs if they exceed 5 per- cent of the city's 1997 levy; · Levies for unreimbursed property tax abatements due to flood damage (see description of tax abatement program for flood victims, below); · Levies for matching requirements for state and federal grants, to the extent that the matching requirements exceed the previous year matching requirements; · Levies for reasonable expenses to prepare for or repair the effects of other natural disasters, as necessary; · Armory construction levies. The Commissioner of Revenue will calculate levy limits and notify your city by August 1 st. Follow the steps below to esti- mate your pay 1998 levy limit. 1. Add your pay t997 certified property tax levy, HACA LGA, LPA, and taconite aid. 2. Subtract from #I any special levies m get your levy limit base. 3. Multiply the sum of #2 by 1.0224. This is the estimated implicit price deflator (inflation) adjustment. 4. Add one plus the percent of household growth in your city from 1995 to 1996. Multiply the sum by the total from #3. This will give you your adjusted levy limit base for taxes payable in 1998. If your city had no growth or negative growth, skip this step. The household growth is based on state demographer and Metropolitan Council estimates. 5. Subtract your certified 1998 HACA, LGA, LPA, and taco- nite aid to get your payable 1998 levy limit. 6. Any special levies for taxes payable in 1998 can be levied above the levy limit. The city must notify the commis- sioner of revenue, by September 15 each year, the maxi- mum amount of special levies it plans to levy in the fol- lowing year, along with any necessary documentation. The commissioner will review the proposed levies and make any adjustments needed. The commissioner's deci- sion is final. 7. If you need to levy above your limit for reasons other than special levies, you must get approval by your voters in a general or special election. To raise taxes payable in 1998 above the levy limit, the election must be held prior to September 1 of this year. If the referenda fails, the county auditor will certify your levy at your levy limit (#5) plus (~pecial levies (#6). fyou levy less than your limit for 1998, you retain that levy authority for your 1999 levy limit. Class rate changes Class rate compression is the centerpiece of the tax bill. As the table below demonstrates, commercial, industrial, public utility, and rental property receive the most favorable reduc- tions. Upper-tier commercial, industrial, and public utility property will enjoy an immediate rate decrease from 4.6 to 4.0 percent for taxes payable in 1998. The Governor can recom- mend future reductions to the target class rate of 3.5 percent in future years as money becomes available to the state through budget surpluses. The lower tier for commercial, industrial, Class rates under H.F. 2163 Current Law HF 2163 Target Payable Paya~e Class 1998 1998 Rate Residential Homestead: <$72,000 1.0% 1.0% -- $72,000 - $75,000 2.0 1.0 -- >$75,000 2.0 1.85 -- Residential Nonhomestead: Single unit: <$75,000 2.3 1.9 1.25% >$75,000 2.3 2.1 1.85 2-3 unit and undeveloped land 2.3 2.1 -- Market-rote Apartments: Regular 3.4 2.9 2.5 Small cities 2.3 2.3 -- Low4ncome Apartments: Title 112.3 2.0* -- Farmer's Home Admin 2.0 1.9' -- Commerclal/Industriah <$100,000 3.0 2.7 -- $100,000 - $150,000 4.6 2.7 -- >$150,000 4.6 4.0 3.5 Seasonal Recreational Commerclak Homestead resorts (1 c) 1,0 1.0 -- Seasonal resorts (4c) 2.3 2.1 -- Seasonal Recreational Residential: <$72,000 1.5 1.4 -- $72,000 - $75,000 2.5 1.4 -- >$75,000 2.5 2.5 -- Public Utility Personal property 4.6 4.0 3.5 Attached machinery 4.6 4.0 3.5 Land & buildings 4.6 4.0 3.5 Disabled homestead 0.45 0.45 -- Agricultural land & buildings: Homestead: <$115,000 0.45 0.4 -- >$115,000 <320 acres 1.0 0.9 -- >320 acres 1.5 1.4 -- Non. Homesteed 1.5 1.4 -- · These classes are replaced by a new Iow-income housing class 4d effective for taxes payable in 1999, with a class rate of 1.0% Page 18 League of Minnesota Cities Cities a~d public utility property is expanded to include the first $150,000 of value (currently $100,000) and the rate is reduced from 3.0 to 2.7 percent in pay 1998. The one-parcel-per- county-per-owner limit for the lower tier is removed for non- contiguous parcels. Apartments and single-family rental hous- iag also receive significant rate reductions. Homestead rates remain mostly unchanged, with the lower tier being expanded to include the f'u-st $75,000 in value (cur- rently $72,000) and remaining at the one percent rate. Home- stead value above $75,000 is reduced from two percent to 1.85 percent beginning in pay 1998. This class rate compression will cause a shift of property tax burden from commercial, industrial, public utility, and rental property to homesteads and other classes which receive little or no class rate reductions. In past years, these shifts were avoided by allocating HACA to local governments in the amount of the lost tax base. This year, to mitigate the effect on homeowners the bill include'~'~'~d-uCtion in the pay 1998 K-12 ~ education levy of $85 million and a new Education ~ Credit for homeowners based upon the tax capacity of the home and 32 percent of the school general levy tax rate, u~p to a maximum credit of $225. According to fiscal analysts from the Department ot Revenue and the legislature, most homeowners across the state will see modest reductions in pay 1998 taxes. The table below shows the expected reduction i~ pay 1998 taxes compared to current law by property class. Qualitying senior citi~zen homeowners with household in- comes below $30,000 can have any property taxes above five percent of their income deferred and put as a lien on their prop- erty. The state will reimburse local governments for taxes foregone through the program. Estimated change in 1998 property taxes* Residential homestead -5.8% Residential nonhomestead -7.5% Apartments -8.0% Low-income apartments -5.9% Cabins 0.8% Resorts -0.1% Commemial/Industrial < $100K -2.5% Commercial/Industrial > $100K -6.3% Public Utility -5.3% Agicultural homestead -3.7% Agicultural nonhomestead -0.4% *comparing estimated 1998 taxes with new tax bill to estimated 1998 taxes if tax bill had not passed Single family housing in noncompliance Any property that is in Minneapolis or St. Paul which would otherwise qualify for a new single-unit non-residential nonhomestead class rate of 1.9 percent on the first $75,000 of market value, but is found to be out of compliance with local housing codes, will instead be classified at the rate of 2.1 per- cent unless the owner brings the property into compliance within 60 days. This provision is effective upon local approval. Low income housing property tax classification The bill creates a single uniform property tax classification for all low income rental housing property beginning with taxes payable in 1999. The criteria are applied on a unit-hr- unit basis, so multi-unit buildings may be split between low-in- come and market rental classification. There are four require- ments a unit must meet to receive the one percent class rate: 1. Income limits for the occupant household; 2. Five-year rent re- striction agreement with the Minnesota Housing Finance Agency (MHFA); 3. The unit must meet minimum housing standards; 4. The unit must be certified as meeting the first three requirements by MHFA. Tax abatements and extensions for flood victims County boards are allowed to abate all property taxes for properties in the 55-county federal aid area which lost at least 50 percent of estimated market value from flood damage. The property owners need not apply for the abatement, but local and county assessors should notify the county board of eligible parcels as soon as possible. The amount of taxes abated under this section may be levied back in the following year and not be counted towards the jurisdictions levy limit. In addition, property taxes due on May 15 in the 55-county federal aid area may be paid at any time on or before October 15 without penalties. This old country store This program will allow assessors to exclude the value of improvements to business property from taxable market value for five years if the following conditions are met: 1. The build- ing must be at least 50 years old at the time of improvement or damaged by the 1997 floods; 2. It must be located in a Greater Minnesota city with a population of 10,000 or less; 3. It must be valued at less than $100,000 prior to the improvements or the flood damage; 4. The current year market value of the prop- erty must be equal to or less than its market value in each of the previous two years' assessments; 5. A building permit must be issued prior to the improvement, or the assessor must be no- tiffed by the owner prior to the improvement in cities and towns with no permit process; 6. The proper~y has received no public assistance, grants, or financing; 7. The property is not receiving a property tax abatement under Minn. Stat. ~69.1813; and 8. The improvements are made after f'mal enactment of the bill and prior to January I, 1999. Limited market value The limited market value provision for residential home- steads and nonhomesteads, agricultural homesteads and northomesteads, and cabins is extended through assessment year 2001. The maximum increase in assessed value on these properties for tax purposes is changed to be the greater of 10 percent of the value in the preceding year's assessment or one- fourth of the difference between the current assessment and the 1997 Law Summaries Page 19 preceding assessment. Currently, the maximum increase is the greater of 10 percent of the value or one-third of the difference. The limitation does not apply to increases in value due to im- provements to the property. State aid programs No changes in current law for LGA or HACA were included in the f'mal bill. The House proposal to shift HACA to schools and to the LGA formula was rejected. The inflation adjustment to LGA is intact, so the LGA pool will increase by about $9 million for 1998. The only change to state aids in the bill is to the Local Performance Aid program. The state appropriation for LPA is increased by $1 million. The qualifications for LPA have been modified. To receive LPA in 1998 and future years, you must affirm to the Department of Revenue that your city will spend the aid on a program or programs for which there is a performance measurement system in place, and that the per- formance measurement system must allow for the measurement of continuous improvement. $500 million rebate The tax bill includes a variation on the one-time taxpayer re- bate sought by the Governor. The rebate will be calculated on 1997 income tax returns as a credit to homeowners and renters based upon property taxes paid in 1997. Mandates A new process for identifying potential state mandates on lo- cal governments is established. Beginning in 1998, bills intro- duced in the legislature that impose a mandate upon local gov- ernments must include an attachment which describes the policy goals of the mandate, performance standards for achiev- ing the goals, reasons for each standard, sources of additional revenue, input on the capacity of local governments to success- fully implement the mandate, and reasons why less intrusive methods could not be implemented in place of the mandate. In addition, the chair or ranking minority member of either tax committee can request a local fiscal impact note for any pro- posed rule or bill which contains a potential mandate. New mandates adopted by the state are defined as class A or class B mandates. Class A mandates are those for which local government participation is required. Class B mandates are those which local governments may opt to administer and for which the state provides 90 percent of all program and admin- istrative costs. If the funding of a class B mandate drops below 85 percent, and the legislature fails to make up the funding shortfall in the following year's budget, the local government may opt out of the program. The Department of Finance, with the assistance of local governments, is to prepare a biennial re- pon on the cost of all class A mandates and the cost and cur- rent state funding level of class B mandates. The administrative cost of the new mandate program is esti- mated to by $100,000 in 1998 and $200,000 in 1999 and future years. The cost will be deducted from city and county HACA. Truth in Taxation The troth in taxation statement and process are revised under the tax bill. The statement of proposed property taxes will con- tinue to show the current year's taxes payable and the pro- posed taxes payable for the following year for each taxing ju- risdiction. In addition, two new columns of information will be added which show: 1) The degree to which local spending decisions have changed the property's tax burden; and 2) The degree to which other factors including changes in class rates, state aids, and property value assessments have changed the property's tax burden. The school tax information will be fur- ther divided into those levies which are mandated by the state, those which are voter approved referendum and debt levies, and those which are local discretionary levies. The sample form below demonstrates how the new statement may look. The Department of Revenue is working on the final form. .Th_~ newspaper notice of the hearing must now include sum- mary budget information.~ Joint truth in taxation hearings with county and school officials are authorized for cities with a population over 10,000. If a city with a population over Your Proposed Property Tax for 1997 I 'n~'"n=t'--' =o nm'"'t ] Eflect of Propo#d L.~CII Bu~el~ off Your il) (31 (3} ~) I'm~y Tm ~o I~n4ing ~ O~lt~ F~.m I~.~iiW ?m Page 20 , League of Minnesota Cities ',ities 10,000 elects to hold a joint hearing, it may invite a member of the county board, the school board, and the metropolitan coun- cil (if applicable) to its hearing. The conunissioner of revenue has the authority to delay implementation of all these TNT changes for any county which cannot prepare the necessary data in a timely manner. Repeal of property tax refund change The provision of the 1995 tax bill which would have changed the property tax refund from a direct payment to indi- viduals to a credit on the property tax statement is repealed. This repeal was supported by League policy. SCORE tax Both the SCORE tax and the solid waste generator assess- ment fee are replaced with a new solid waste management tax. The tax is assessed on both residential and commercial genera- tors and on collection bags and stickers if the price includes mixed municipal solid waste services. In addition, political subdivisions are liable for the tax if they provide solid waste management services, directly bill for private waste manage- ment services, or subsidize the cost of waste management ser- vices through other revenue sources. Cities which provide solid waste management services must, by resolution, determine the market price of the service, and apply the tax to the market price. The market price is to be re- viewed by the director of the Office of Environmental Assis- tance and the Commissioners of the Pollution Control Agency and Department of Revenue. The rate is 9.75 percent for resi- dential generators and 17 percent for corm'nercial generators. ~Local boards of review Effective for property assessments in 1998, the city council or town board must ac~'-~-the iocal board oi' review unless the council or board elects to transfer their board duties to the county. If the council or board chooses to transfer the duty to ' the county, it must notify the assessor in writing by December 1. The transfer can be for a specitied number pt years, but not less than three years, and it can be renewed. This option is onl'"-~ available for towns and cities for which the assessment is done by the county. Lease-purchase and net debt Effective for contracts entered after June 2, any obligation created by lease-purchase agreement for real or personal prop- erty greater than or equal to one million dollars will be in- cluded in the calculation of net debt limits. Sales tax exemptions Although the League unsuccessfully sought to repeal the sales tax on local government purchases, several new exemp- tions were enacted, including: petroleum products purchased by a political subdivision for use in emergency rescue vehicles and fire apparatus, optical and thermal imaging devices used by firefighters, goods and services for the metropolitan area public safety radio communication system, and the sales of transcripts of verbatim testimony by court reporters to parties to the proceedings or their representatives. These exemptions are effective for purchases made after June 30, 1997. Replace- ment capital equipment will be exempt from the sales tax be- ginning with purchases made after June 30, 1998. Local option sales taxes The bill establishes uniform rules for all new local option sales taxes effective immediately. The new roles will apply to existing local option sales taxes beginning January 1,2000. These rules were recommended by the legislature's sales tax advisory council. The rules include: 1. The local rate applies to all taxable sales, regardless of lower or higher state rate on certain sales; 2. Complementary use tax applies with all local option sales taxes; 3. All state exemptions apply to the local option tax; 4. All collection and administration of local option sales taxes is to be done by the department of revenue, except that a city that is collecting and administering its own sales and use tax before January 1, 1998, may elect to retain its collec- tion and administration authority. The act also includes autho- rization for a local option sales tax for Willmar. Property tax reform account This provision establishes priorities for future budget sur- pluses. Any revenue surplus in the November forecast of an odd-numbered year must be used to ensure that the state budget reserve is set at $522 million. Forty percent of the remaining funds is deposited into the general fund. The other sixty per- cent, along with state investment earnings and a one-time $46 million appropriation, is deposited into a new property tax re- form account. Resources deposited in the property tax reform account are to be used to compress property tax class rates, to increase state education aids and reduce the general education levy, to in- crease the new education homestead credit program, and to in- crease the property tax refund. The Govemor is to recommend how the resources are to be allocated for these purposes. Creation of corporations by political subdivisions The bill prohibits cities and other political subdivisions from forming for-profit or not-for-profit corporations, unless explicit statutory authority exists. This provision is also included in the public finance bill, Minnesota Laws 1997 chapter 219. Tax reduction to border city enterprise zones The commissioner of trade and economic development is au- thorized to allocate an additional $1.5 million for tax reduc- tions to border city enterprise zones in cities on the state's western border. The tax reduction must be found by the mu- nicipality to be necessary to retain or attract a business to the zone. Enterprise zones receiving allocations under this provi- sion may remain in effect through December 31, 1998. 1997 Law Summaries Page 21 Regional development commissions The statutes dealing with regional development commissions (RDCs) have been updated and recodified. The current re- gional boundaries are established in statute. Any future bound- ary changes may be initiated by a county wishing to join a dif- ferent commission, with the approval of that commission. The levy limits in current law are maintained for existing RDCs. Prevailing wage Any construction project for an educational facility with an estimated cost of more than $100,000 is subject to the prevail- lng wage rules. Prior to this law the project would need to be financed with state funds to be subject to prevailing wage rules. Payments to certain counties with casinos Counties will receive 10 percent of the state annual share of revenues where tribal tax agreements exist for reservations with casinos in the county. To qualify, the county must have either at least 30 percent of its market value exempt from ad valorem taxation or a per capita income less than 80 percent of the state average. $1.I million is appropriated annually. Pay- ment will be made by February 28 of the year after the taxes are collected. Effective July 1, 1997. Year 200?eady Any computer software or hardware purchased by the state or a political subdivision with money appropriated from this bill must be "year 2000 ready." I TIF spiffs General TIF law modifications New definition of tax increment Creates a brand new definition for the terms "increment," "tax increment." "tax increment revenues," "revenues derived from tax increment," and other similar terms to include: · taxes paid by the captured net tax capacity (i.e. the in- creased value, excluding excess taxes computed under Minn. Stat. 469.177); · proceeds from the sale or lease of tangible or intangible property purchased with tax increments; · repayments of loans or other advances made with tax in- crements; · investment earnings or other income from tax increments. This purpose of this new definition is to ensure that incre- ments do not lose their character as a result of being used for purchases, leases, loans, advances, or investments. These mon- ies must either be used for purchases specifically permitted in the statute or distributed to the city, county and school district. Effective for requests for certification made after July 31, 1979 and tax payments and investment earnings received after July 1, 1997. Effective for requests for certification made after June 30, 1982 and proceeds from sales or leases of properties and repayments or loans or advances made after June 30, 1997. Interior inspection Requires an interior inspection in order for a municipality to determine that a building is not disqualified as structurally sub- standard for redevelopment and renewal and renovation dis- tricts. An interior inspection is not required if the municipality is denied access to the building and evidence is available to support the conclusion that the building is substandard. Such evidence would include information from previous building or housing inspections, police or fire department inspections, demonstrated exterior deterioration, or other similar evidence. The authority is responsible for creating and retaining written documentation as to why the interior inspection was not con- ducted. Soils district duration Increases the maximum duration for soils condition districts from 12 years after plan approval to 20 years after receipt of the first increment. Redevelopment district spending Adds removal of structures containing contaminants or pol- lution, rehabilitation, and removal or remediation of hazardous waste to the list of activities which are explicitly permitted in redevelopment districts. Language is added to clarify that this list of permitted costs is merely illustrative, not exclusive, as some have interpreted. Administrative expenses now specifi- cally include the cost of preparing the development action re- sponse plan. Effective retroactively for all districts, regardless of when the request for certification was made. Fiscal disparities "option A" Economic development districts may no longer elect to have the fiscal disparities contribution come from outside the TIF district. Instead, the calculation of the contribution is required to come from within the district. Other types of districts retain the authority to choose "option A." Effective for requests for certification made after June 30, 1997. Small cities economic development districts Allows increments from small cities' economic development districts to be used for (1) qualified retail facilities which are shopping centers with one or more retail stores, located within one mile of the state border, outside the metro area, contain at least 25,000 square feet of retail space in which new buildings will be constructed or existing buildings will be substantially rehabilitated, and would otherwise locate in another state or country and (2) assistance to separately owned, 15,000 square foot commercial facilities. The small city definition is required to be met only in the year in which the request for certification is made. For the purposes of the TIF Act, as small city is de- Page 22 League of Minnesota Cities b s~ a o E I'E. 'e B~ hc Sg flo~ Brc ape loc: £ A law: wit~- :ifies TIF laws --- continued fined as a city with a 5,000 population or less which is located more than 10 miles from a city with a population of 10,000 or more. Indexing of original tax capacity Modifies the way in which the indexing of original tax ca- pacity is computed in economic development districts. In cal- culating the average percentage increase in market value, the assessor's estimated market value attributable to new construc- tion, extension of sewer water, other public utilities, or roads, and platting during the five year period prior to certification will be subtracted. Land acquisition Provides that where land acquisitions are not funded with bonds secured by tax increment from the acquired property, such land acquisitions may take place without a development agreement. Effective retroactively for all districts, regardless of when the request for certification was made. Definition of population Defines population for the purposes of the TIF Act as the most recently available population estimate from either the fed- eral census, a special census, the state demographer, or the metropolitan council. This estimate applies for the calendar year after that in which the estimate is obtained. Blight criteria records Restates that authorities must keep written documentation on how the statutory criteria for blight has been met in redevelop- ment and renewal and renovation districts. Special legislation Only those pieces of special legislation which appeared in both the House and Senate versions of the omnibus tax bill were included in the final bill with two exceptions, the City of East Grand Forks due to the increased need precipitated by the floods, and the Town of White. This includes the cities off Brooklyn Center, Buffalo, Columbia Heights, Gaylord, Minne- apolis (housing transition), and Minnetonka. Effective upon local approval. Effective for requests for certification made after July I, 1997 unless otherwise indicated. Legislative TIF task force A new legislative task force is created to recodify the TIF laws and those statutes providing local economic development powers into one law. The 12-member task force will consist of six members from the House and six members from the Senate, with at least two members of the minority caucus from each. Notably, the task force is required to "consult and seek com- ments from and participation by representatives of affected lo- cal governments.' The recodification will be introduced in bill form during the 1998 legislative session. Abatement authority Authorizes a new procedure by which political subdivisions can abate property taxes. Property tax abatement will be au- thorized where the benefits accruing to the municipality are ex- pected to at least equal to the costs and a finding is made that the project is in the public interest because it will increase or preserve the local tax base, provide jobs, assist in providing, acquiring or constructing public facilities, reduce blight, or provide residents with access to services. Procedurally, the municipality would adopt an abatement resolution after 30 days' published notice and a public hearing. The maximum duration for an abatement is 10 years and the total amount of property taxes which may be abated is limited to the greater of $100,000 or five percent of the current year levy. Bonds may be issued to provide an "up-front" abatement. The amount of the abatement would be required to be added to the municipality's levy for that year. If the school district is in- volved, the state will not provide reimbursement for the lost tax base, but rather, the school taxes paid by other properties in the district would increase. Certain other limitations apply. This provision is effective beginning with assessments in 1997 and for taxes payable in 1998. The Property tax reform safety-net Provides some measure of protection for existing TIF dis- tricts against the property tax class rate reductions provided for at the beginning of this article. The remedy is two-fold: TIF grants and additional pooling authority. Where class rate changes cause TIF district deficits, municipalities would apply by March 1 to the Commissioner of Revenue for TIF grants which would be paid by December 26. A total of $2 million is appropriated and, in the event that grant entitlements exceed this amount, each grant would be reduce proportionately. The maximum grant would be the lesser of: (I) the amount of the reduction in the district's revenues or (2) the total tax incre- ments of the municipality, including any unspent increments, minus the amount required during the calendar year to pay binding contracts entered into and bonds issued and sold prior to the day following final enactment (the Commissioner would make this calculation based on reports made to the State Audi- tor by July 1 of the year prior to the year the grant is to be paid). To qualify for grants, the district's request for certifica- tion must have been made prior to the enactment date and all reports must have been timely filed with the Office of the State Auditor. Notwithstanding current law pooling prohibitions, pooling would be authorized to pay binding obligations entered into prior to the day following final enactment. The Commis- sioner of Revenue's written approval would be required. The amount to be pooled is limited to the amount necessary to meet a binding obligation which cannot be met as a result of class rate reductions. Effective until January 1,2001. 1997 Law Summaries Page 23 1998 City Aid Estimates The following printout provides estimates for the 1998 LGA, HACA, and LPA distribution for all cities. These are only estimates. The final numbers certified by the Department of Revenue in July and August may be somewhat different due to updated formula factors. Please note that these estimates are substantially different than the proposed LGA and HACA estimates printed in the April 30 Cities Bulletin. The legislature did not adopt the proposal upon which those estimates were based. The first set of columns describes the 1997 LGA distribution and the estimated 1998 LGA distribution for each city and the dollar increase or decrease from 1997 to 1998. The LGA numbers are the initial formula amounts before reductions for state costs for the State Auditor's office and other state agencies. These numbers also do not reflect any reductions in LGA due to tax increment financing penalties. The 1998 LGA estimates are based on an appropriation increase of 2.5 percent. This increase is based upon the implicit price deflator for government goods and services. This inflation adjustment to the LGA appropriation was enacted in 1994 as a replacement for the local government trust fund. As the table below sbz v,s, this automatic adjustment has added $46 million to the LGA distribution to citio: ,lnce 1993. Local Governmen Aid to Cifi 1993 1994 1995 1996 1997 1998 LGA base $322 322 322 322 322 322 Formula aid 8 15 25 37 46 Total LGA $322 330 337 347 359 368 The second set of columns provide estimates of the 1998 HACA distributions as well as the change from the 1997 level. These estimates reflect increases in HACA to cities due to reductions in the cabin property tax class rate enacted in 1996. The final column is a rough estimate of the 1998 Local Performance Aid distribution for each city, assuming each city applies for the aid. The requirements for qualifying for the aid have be slightly changed. For a description of the changes, see the omnibus tax bill summary. Please remember that these are estimates only, and should only be used for planning purposes. The final certified aid amounts will also reflect annexations, consolidations, updated fiscal and demographic data, as well as final interpretations by the Department of Revenue. For more information contact Eric Willette at the League of Minnesota Cities, (800) 925-1122 or (612) 281-1200. Page 24 League of Minnesota Cities Estimated LGA 1997 1998 I Change ~1997-1998 LGA LGA Adam..___~. s A__~dnan Aitk__.___~ni ;Albany ~ Lea Alberta 10,700 ~ertville 82,780 Alden , 122,846 rAIdrich 1,275 '~xandria 1,210,559 ~lpha 25,109 i AItu ra 43,021 2O,937 iAlvarado !_Amboy 4£9,1471 444,026' 14,879i 126,039! 128,9511 2,912~ 218,570 225,7971 7,2271 o o[ oj 299,177 309,057~ 9,880! 59,488 61,2561 1,7681 223,011 229,5341 6,5231 4,040,329 88,847 iAndover 120,927 261,752 iAnnandale iAnoka !~Apple Valley '.Appleton iArco 1,199,38O 382,031 428,652 16,956 IArden Hills 0 !Argyle 143,859 IArlington 302,318 Ashby 62,703 Askov 36,184 I iAtwater 187,735 i IAudubon 31,0661 I Aurora 486,523 I [Austin 4,557,100 ! IAvoca 21,912 i [Avon 86,9261 t Babbitt 114,251 ! Backus 35,313 ! er 69,4351 Balaton 4,115,847i 75,518! 11,040i 340! 92,594 9,814! 125,355 2,509J 1,226,616 16,0571 25,869 760! 43,222 201i 22,207 1,270t 91,678 2,831i 273,521 11,769, 1,231,370 31,990i 352,519! (29,5121 453,619 24,967 17,296 340 0 0 147,748 3,889 313,878 11,560; 65,526 2,823~ 37,459 1,275! 192,884 5,149 32,114 1,048 502,717 16,194 4,633,234 76,134 22,546 634 88,733 1,807 124,337 10,086 35,758 445 71,320 1,885 286,276i 296,378 10,102i ~,~, 9~3-['_~__~_~3,9-8_0 ._. i ~_4_.,_00_7 Barnesville 233,257 248 107 14,850 Barnum ~4,~28-~- ' ' 76,0~3'J .... 1,165] Barre~ -~0,72~ '- -~1,8i0 - i-,08~ -- ..... ...... BaRle Lake '~b3,~ -'-~5,9~6'j ..... ~58 ~,~3~ 2~3,i8~[ - 6 ~55 )o~ 60,527 ...... ~.,145- 54,124 1,389 ou trade Plaine ham 37,394 _ 37,884 490 ____4_6_,110 __. ¢r7,_2_24 .... !_,~1~1~ o .0 o 16,927 17,120 '' i9~- 107,649 11 3~645 305,419 313,542 -' 8-,~-23- '---6_-2,§~_61[ --63,8673/ ..... 11,_2__77_j_ ~'~-_~_1_,89_~_L . 614J 1997 HACA Estimated HACA Estimated 1998 Change 1998 HACA { 1997-1998. LPA 122,2181 122,2181 0 31,844 t 31,8441 O' 64,6231 64,623i 0 113,547t 113,797i 250 47,0841 47,2331 149 6,0491 6,8281 779 81,2951 81,295i 0 760,0641 760,064i 0 6,6901 6,690! OI 138,1411 138,219i 78! 47,499J 47,499i 0! 4921 496, 4! 381,1581 381,579[ 421i 8,280! 8,280 0! 15,396j 15,396 01 1,983i 1,992 42,425! 42,425 462,9381 462,938 126,878! 127,195 701,3011 701,301 2,704,6091 2,704,609 131,369[ 131,369 317 O~ 7,568! 7,568 0i 90,683j 90,683 29,456 29,467 111 145,013 145,013 01 23,269 23,269 0i 7,975 7,995 20i 77,831 77,831 0I 25,158 25,161 3 187,213 187,394 1,320,989 1,320,807 3,2991 58,971T 3,299 59,337 181 182 366 33,561 62O 32,941! 14,095J 15,460 1,365 15,902[ 15,902 43,084 -'62,099 4.3,08~4 ....... 2 - 62,143~ - -4~ 201,517 1,240 166,655 586 1_3,_5p_7 ...... ~. 14 ,__7_3~ ......... 23_3,7_93 ....... 0_. 804 0 4,~,9-95 ' - --47' . _ ..38;9_9_3 200,277 _ .1_66,_0_6_9 ...... 1_5,8_5_5 .... 1_ 1_,_5_48 14,732 ___ _23_3_,_793 804 2,208 965 1,470 3,590 2,209 503; 2,005 23,086 1701 2,6811 871 10,491[ 200] 472~ 4511 7041 25,990~ 2,982! 22,232! 51,5871 2,6481 791 2,407 601 431 1,339 544 2,465 27,965 183 1,325 1,998 37O 568 1,79~ 923 ~Z5~,697' 626 -- 1~ 4,033 347 190 312' 1,842 893 4,13g 195 169' 1997 Law Summaries Page 25 Estimated 1997 1998 LGA LGA LGA Change 1997-1998 /Belview I Bemidji iBena IBenson Bertha 'Bethel !Big Falls 86,894 2,320,646 89,015 2,357,513 2,121 36,867 16,585 408 846,368 135,588 16,993 868,046 137,367 16,888 17,195 56,068 21,678 1,779 (307 1,824 57,892 IBig Lake 287,835 297,862 10,027 iBigelow 21,376 22,255 879 !Bigfork 84,559 86,602 2,043 !Bingham Lake 20,460 90; I Birchwood 2,735 !Bird Island 19,558I 3,197I 231,525I 3,2021 328,006 115,814 238,915 3,340 336,105 119,184 /4621 7,390 IBiscay IBiwabik i Blackduck iBlaine IBIomkest ;Bloomington iBlue Earth 1,344,883 138 8,099 3,370 1,367,9421 23,059 19,638 20,033 395 !Blooming Prairie 306,114 320,035 13,921 0 0 0 715,202 747,847 32,645 iBluffton 4,086 4,766 680 ~Bock 4,393 4,479 8,620 295,302 16,4117 2,1071 70,591 iBorup Bovey ;Bowlus 8,120 290,423 15,753 2,042 86~ 4,879 69,209 205,912 !Boy River !Boyd iBraham 658 65 1,382 211,5631 5,651 IBrainerd 2,141,479 2,192,059 50,580 !Brandon 58,927 61,363 2,436 1,050,190 20,998 !Breckenridge Breezy Point Brewster 1,071,188t 01 0 42,1281 2,042 40,086 76,758 ~Bricelyn i Brook Park 79,4841 2,726 17,770 18,171 401 JBrooklyn Center 1,924,684 2,024,500 99,816 Brooklyn Park _~ 1,794,774 1 846 776 52,002 !Bro.o. ks-~_~ _- . 'i-i- J_-_ _-'_- _-_9_~_~1'5_~_-~_.'.;i _' 9 4_~_9Z-_'. ',Brookston · _j. 5,414 5 698 ..... 2-§4 iBr°°ten ......... L ..... ;I-1-4; 585- - 1-'~ 7 ~'8-1- - [Br~Terviite- ........... ~']-' .... 8'~,114--- -9:1-;~,03 .... ~,,~-8~)' ~Brow~s-~-_-_--~_--.__ .---2~-~ 27~'- ~,{~533- 5,263' iBrownsdale .78_,806_- .... 81,089 ..... ~,283 !Brownsvill~ .......... 35,390 367~§ ....... i-,(~98- ~Bro~nton '-'.-_~'_---- "1'3i 440- 1-_35,_86.'9__.~.- 4,4~9- LBrun_o .... -:51-,2~8~ [" 21,453 164 IBuckman . ' ...... ii ~ ~,_2_40~1_._ 6,540 300 :Buffalo 602,696 ] 6;2i ,-675 .... !BuffaJo Lak~- ............ 110~6~_~- 1~1-4~5~-~ .... ~,8-21- .............. .... -6,440I iBurnsvilie ......... _J_- 327 12~7- 327,1291" OI iBurtrum ............... T -'-1-4,42~':- 14 941'] ..... 514] i_B U_tt_e. d_i _ei-d _ - ..... 1~- .... 92,1§~~- ~5,i90-[-- · 3,009~ [By_r_on --- _[ ....~-9~-68'-- 2-01,§88] .... 6,82~.i LCated~[a ....... ~ ~-~8,'~,~ -- 4~-3,~' 8~---- '1-~775 ~C,~llaway I 33, ;i 38 §3,8541 .... 724 EstimatedI HACA 997 1998 Change HACA HACA 1997-1998 [.. 29,474 29,474 0 229,281 229,697 416 2,385 2,399 14 104,709 104,709 0 14,499 14,499 0 5,929 5,929 0 7,749 7,903 154 166,260 168,174 1,914 3,401 3,401 0 18,459 18,524 65 8,859 8,859 O: 52,625 52,803 178i 101,326 101,326. 0 4,332 4,332 0 107,883 108,160 277 38,468 38,509 41 1,602,864 1,602,864 0 6,330 6,330 151,342 151,342t 0 3,655,570 3,655,644 74 334,1891 334,189 0 2,3501 2,350 0 401 401 0 1,094 1,094 0 67,825 67,825 0 7,282 7,282~ 0 920 964 44 21,174 21,174 0 40,591 40,591 0 557,424 557,781 357 19,116 19,126 10 128,129 128,129 0 57,561 97,258 39,697 16,851 16,851 0 36,949 36,949 0 2,8291 2,843 14 1,308,130 1,308,130 0 2,7~9,41~ 2,749,414 ..... O. 3,676 3,676 0 ... ' ...... .__ _~,!98._ _~§,2~....... 16,263 16 263 0i . ~5,~9-_2_/. '-~5,1'9(.- __.'~' ...... ~1_,56~ ..... ~! 90~__ 344 .72,513 .72,5)~ .... .... 1,561 1,565 4 8,2~3' ' _~_ ~ ,~_3_ ...... ........ ~4,347 ..... ~3§~3~ 2~1 72,200 72,2001 0 ~2,84~ ' '~02,~-t .......... ~' _ 3,251,~4_~__ 3,_25~,?~_L .... 3,888 3,8881 0 37868 37,868L 0 ' ~7,1~--- ~-7,~i-~ 4.818T .... ~.818 / 0 Estimated1998LPA 482 14,483 185 4,068 i 638 544 422 4,818 i 484i 197I 1,317 1,680 156t 1,358 931 53,595 231 2,598 110,2O3 4,707 241 ! 151 138 8291 325 55 288 1,487 15,950 567 4,690 690 686 534 169 36,091 75,_866 194 127 771 97~) 988 884 566 1,012 113 252 928 1,108 212 724 3,725 Page 26 League of Minnesota Cities C C C C C C C C C .C~ C C~ C ! C- f 'o.c vC Estimated 1997 ~ 1998 LGA I LGA LGA Change 1997-1998 ~dge 2a_.__nnon Falls ~n~ton 3a___rlos 145,7471 147,885i 2,138i ' 367,041i 373,2061 6,1651 , 38,8851 40,1461 1,261! Mills !Center City 467,447; 481,004[ 13,557I, 397,738i 403,700t 5,962~ 67,317 68,6531 1,336/ 934 33,8071 34,741! 2arlton 133,131i 137,897 4,766 ~r 25,4371 26,589 1,152 iCass Lake 301,183! 306,2681 5,085! 782! 823 46,8371 ;e_~vlon ;hamplin ~andler Chanhassen Chaska 41j 49,3471 2 510 43,2051 50,0491 6:844! 96,9341 99,692! 2,758~ 499,2281 502,579i 3,3511 35,948i 36,7801 832~ 405,44~ OI 0 433,302! 27,857 324,24~ 334,6411 10,397 C;hatfield Chickamaw Beach 01 0 Chisago Ci~ 256,5801 263,099J 6,519 ,Chisholm 1,547,523] 1,580,317i 32,794 IChokio JCircle Pines LClara City IClaremont iCladssa !Clarkfield i Clarks G rove iClear Lake iClearbrook ~Clearwater 101,8781 104,0141 2,1361 257,6581 258,3881 730i 224,287j 233,268! 8,981 93,705! 95,6891 1,984 ~ 162,1901 3,082j 159,108~ , 253,739t 259,9091 6,1701 77,876[ 80,266i 2,390! 46,812 47,756i 29,400i 944i IClements 28,837 iCleve and 69,920 72,042 2,122 JClimax 38,316 39,022! 706 Clinton 147,739 150,284' 2,545 99,575 102,652] 3,0771 25,304 27,3971 2,093! 563 123,656 2,705 --~0,9~-~ ..... J25' - -~7,0~t "407 65,40~ 3,997 - ~4,2~6 ~4,~31i 4,66~-, 225 . ~'_9.~i--'. _~,042' 1,027,077~ (1,645l Clitherall 12,071 12,206 135 Clontarf 2,537 2 565 28 ~ ......... ~-~ ~2'~-~' ~,325,(~8'1' - 49,868! ~-~ates ----_~: ..... -4-0--~'' - ~3-9-9]" ' (~ ~,set - -- L~ok~ ............... ~3,~6~- 334,~¢ [~n~ .............. ~75~5~8 ~84,2~8-~ 8,670 ~olerain~ .............. ~-~' -3~6,0~J ' ' ' 5,99i ~&0g~- ............... 35,~2' 37,9¢3 j ~,041 ~lu~ Heights ~_~ Comfr¢~ 120,951 I ~~-- I C~ ........ 26~ I J [Co%%~%. ........= '-- ~8~7~i J ~ ...............4~2 I ................... ~ 1 '.Co~onwood '- ]~-~ ~ ! - ...... Estimated ! HACA 997 1998 I Change HACA ~ HACA i 1997-1998 44,4021 44,464 i 62 , 225,8271 225,830; 3 6,006! 6,006 1 0 , 0 144,6601 144,660 ', 0~ 271,277~ 271,277 1 18,195', 18,1951 Ol 9,982! 9,9821 0~ 53,517! 53,527! 8110iO 62,619! 62,619 27,009 i 27,090 345i 345 15,6761 15,905 104,075! 104,075 44,8271 44,827 901,2751 901,275 O~ OI 10,167[ 10,1671 0 1,050,4171 1,051,106 , 689 310,537! 310,537] 0 148,235i 148,2351 0 3,1121 3,626i 514 120,6621 122,284i 1,622j 531,452! 531,495 43[ 23,490[ 23,490[ 01 205,830i 205,830i 0i 97,2671 97,2671 0 46,006! 46,006 0 36,2671 36,284 17 130,720i 130,720 0 17,9161 17,916 0 13,1261 13,126 0 14,368i 14,375 7 27,207i 28,533 1,326t 10,342i 10,342 0 55,034i 55,034i 0 21,335i 21,3351 0 41,1171 41,1171 0 8901 8931 3 6,169 6,169 0 · - ..... 2.-803 ~_ -_- ~-,_~ 3 L .-~-' -_~'i. _~- 818 818 0 .55_,3_ _2~ _ 58_,70_5 3,377 ._9_6_,_5_1_._3.._ _96,5__49- ..... 36 188,101 188,101 0 - 13-1 5~58 - ~31 686 ..... -~0 95-9,8-2~)' 959,829 0 50,242, 50,242+ 0 6,043 _ 6,_04_3_ 0 '- ' 4~.-361-40 395 34 -2,3~-4,7241 ' '2-,~36~11_ ..... .... 2-6.4;850' 209-.~55 ..... d I ..... 7'06[ ' '- y06!' O i L -___61,115 61/il5 O, I EstimatedI 998 LPA 473i 6,749! 290~ 2,337! 4,414~ 460! 4601 1,2111 985~ 1,127~ 1041 7061 2,755, 558 24,287[ 3821 19,313, 17,752~ 2,977i 188~ 2,618~ 6,555 652 6,033 1,660 677 787~ 1,257 869~ 4O2 711 9O3 246 912~ 331 695 120 81 2,767 3,_47__2. .__ !,3_~_5 8441 - - 2~;~8f" 541 ' 164 -- 76,055 --- 7,_~6 82[ 279 1997 Law Summaries Page 27 Estimated LGA 1997 1998 Change LGA LGA 1997-1998 27,407 !Courtland iCromwell !Crookston Crosby ~Crosslake I Crystal iCurrie !Cuyuna Cyrus Dakota Dalton Danube 12,228 !Darfur :Darwin 1,959,490 370,866 0 1,924,596 43,963~ 19,8771 46,457 7,964 3O,34O 98,575 IDanvem 11,601 14,949 Dassel Dawson Dayton Deephaven Deer Creek Deer River iDeerwood Degraff Delano L~elavan tDelhi De wood Denham ~Dennison IDent 4,142 166,291 361,948 40,151 0 31,512 161,680 68,261 4,257 4,981 375,079 377,991 2 43,799 44,998 1,199 13,527 28,34O 933 12,800 572 2,007,451 ~ 47,961 384,0761 13,21~ 1,962,06~ 37,469 45,484,-19,877 1'52~ 47,835 1,378 8,954 990 31,174 834i 101,016 2,441 12,070 469 15,390 441 4,428 286 171,019 4,728 375,327 13,379 45,241 5,090 69,458 1,197 724 558 0 0 0 18,605 19,249 644 13,030 13,414 384 Detroit Lakes 1,175,698 1,197,223 21,525 IDexter 59,990 60,856 866 !D worth 468,686 480,215 11,529 I Dodge Center 347,027 357,773 10,746 I Donaldson 1,651 1,735 84 25,182 5,842 IDonnelly I Doran Dover D0.vr_ay .............. 26,519 5,892 Duluth 53,574 ..... ;Z,6_t4L 1,337 50 5.4.,50_6_ ......... 9_32. 7,985 371 '-i-9~(~3~,~3g 46~,,~,5- 18,569,794 Dur~t--_- ~- i-_'.-~ _.~_~. _-'-_~.-'---1-~'9'~2- ...... 2~-,6-12 ........6'40- Dundas ...... 33,~8-4'- --' -§-5-~4-1-7- ~,,~-~3- Dundee ............... -8,677 .... ~,-3-3'1- ...... ---6-~** 6un~li- ............ -~416~"-" -~) ~62_-'- ~-,-o2~' E~aga-n .............. _~_ .......... ~ ....... ~-~' ' 0 fEagle Bend ...... ----.~ i3-~,343~-- ' 1~(~32~ ..... ~,~8~ !Eagle Lake_ - -.'~.-_-. 144,121"i 1'5~123~ . lEast Bethel 1 i'~',65~ ' 1;I-6:6:77- 1,024 East Gra~d'Forl~s .... 1,$51,6491 1,58(~,4d~' ' 28-,'7~5i tEast Guil- [.a~ ......... 0-I .... o ....... o' [E a~ton ............... 3-~; 32.~.-[ 37-~5 ~ ~ .........;I, 191 /Echo ........... ~- '7-61269~_'- 77;59~ ..... ~,~i28 /Eden Prairie ........ 4 ..... °--T- .... o- ...... o' ISden V~Ji~, ...... i 143 869~-' 1~,6,59i-i 2,722 LEdg-erton ........... 14-§~-S-6~-- i'$gF0d2| '-E, 1~6'1 VEdi~- ................ bT .... O-f-- ........... o-1 1997 HACA Estimated HACA 1998 Change HACA 1997-1998 24,164 12,544 24,164 0 13,514 97O 525,704 0 120,917 51,677 1,045,857 12,990 6,702 525,704I 122,2411 1,324 87,088 35,411 1,045,857 0 12,990 0 7,699 997 11,095: 11,095 0 15,972i 16,177 205 7,5921 7,612, 20 53,9261 53,926f 0 5,11oI 5,11oI o 8,313 8,313t 0 2,958 2,958 0 98,751 98,751 0 143,989 143,9891 0 192,105 192,1051 0 218,089 218,2671 178 15,667 15,667 0 66,719 66,799 80 34,0961 1,968 0 32,128 886 886t 119,338 119,338I 27,172 27,172I 2,921. 2,921 41,515 41,795 280~ 255 289 34 4,906 4,906 0 2,760 2,760 0 311,144 317,027 5,883 30,889 30,889 0 78,541 78,541 0 112,299 112,299 0 1,946 1,946 0 12,125 12,125 0 1,584 1,584 0 _12,344_ ....... 1,874 5,366,687 .... 3,8~' 21,343 ...... 2,0~7_. 10,262 _2,~_28,8_3_1_' 38,312 [... * ~6'9,3~_~I L 1_61,89~.8_ _4_61,630 11,962 ' 22,028 12,344 0 i~87~,- .... 0' ~',_3_ 6-- __7 ,-8 _~ 'j., 182 ..... --3,_8.59_ .... o' 21,343 0 ~.',~- ........ 5 ~'E~ ..... ~ ! 2,6-28,8~1- 0 ' "38,:~1~- ..... 0' '.i '6.9,3_2!i. .... 0- 164,124 2,226 461,630- "- 8 i:7,053- 5,091 - 2-~,(~2-§ ...... 0 "- 25,7d~-- ' 25,702~ 0 '-.-1-~-00,9~:1-_-' :1-,;I-~:111~7- .... 42,!_52 42,i52' * ~.. 70,957 ~-1,00~ ....... 5~ L9~6,;~4' - 95~,954-' ........ .... L_ o o o Estimated 1998 LPA 552i 273 10,315 2,7061 1,708 30,002 374 252 415 450 298 711 133 195 3O9 1,418 2,043 6,313 4,632 384 1,055 667 181 3,790 298 93 1,129 51 190 238 9,278 382 3,696 2,669 57t 288 87 552 72 108,622 152 610 127 271 71,870 664 2,251 11,405 1!~390 1,069 278 379 - i,~23 "-~ ~9 Page 28 League of Minnesota Cities iFor~ ' LF__oL fifo× fFra; Fro Estimated 1997 1998 LGA ~ LGA LGA Change 1997-1998! 14,957 II 15,872 915 ;' 3,355 3,858 5031 Lake 264,119 270,807! 6,688! ~ ) 76,190t 79,207{ 3,017i ElizabetllI 21'315T 22'225 i 91°1 ~er 256,054~ 243,3241 (12,730I Elko 2,7141 3,260 t 546 ~ ~I 13,894 i 238 EIkton El~date t 80,132 82,307 { 2,175 El-~orthI 97,088 99,9621 2,874 E~ale ! 2,329 ~ 2,4561 127 Elm'---ore ~ 158,335i 163,261 i 4,926 ~ { 7,899 i 8,139 ~~ 240- E~ ' 976,006 998,499i 22,493 E~lysian 105,759 106,855 i 1,096 Emily 5,049 5,0491 0 E'-mmons 72,999 74,376[ 1,377 ~rhard 11,870 12,027 i 157 Erskine 59,063 61,854i 2,791 ~Evan 3,721 3,913 192 Evansville 92,302i 94,796 2,494 ~veleth 1,198,364 1,236,079i 37,715 Excelsior 150,280 156,662 i 6,382 'Eyota 110,328 !I 117,5081 7,180 Fairfax 238,9741 247,262 8,288 Fairmont 2,236,786 ! 2,292,684i 55,898 Falcon Heights 201,714 208,364 6,650 Faribault 3,559,4671 3,649,545 90,078 Farmingtion 386,755 393,722 6,967 ~, Farwell 16,338 16,535 197 Federal Dam 3,0381 3,040. 2 I Felton 30,368 ~ 31,118i 750 Fergus Falls 2,627,480 2,677,0381 49,558 Fertile 110,540 115,267 4,727 .Fifty Lakes 0 0 0 .Finlayson 17,671 18,189 518 Fisher 26,971 28,665 1,694 i FlensburcL_'- 18,361 19,036 675 ~Floodwood 1_40,11__7 ...... !_ 43_, 3_0_5_ .... 3_,_18_.8. [.Florence 8,697 8,922 225 i~Foley 2__9_9,!31 312.5_2~ 13,39'/ ~Forada 900 900 6 Forest Lake 350,495 35_6.,.2_24.. _. __5_,7_29 Foreston 29,695 30,856 1,161 ~ ..... 1_~61_ ..... 1_61_ . 0 Fosst.____op __ 30___~_1,1_98 .... 3_!_1,89_2 ~-_0~,_6-~ ~ : Fount_____ai n 31,574 .... _32,_53_5 ...... 96] Foxhome 12_,318 12,782 464 Frankli____~n 125,762 --' 1--~-_8~_~._~" ~-i--~,_3~5_-_0 :razee 161,395 __~168,45.7 ...... _7,--06_2 !~- --~5,--035 36,053 ---1,-~1§ ~ - ' 65,225 ....-66,253 1,028 :ddle_y~ - 1,646,064 -1-,-(~-9-6,-05~9---- 49,99~ =~-~i 44,883 ....... 4-613-~5- 1,462 ~ 257,497 --2-~19--~ .... ~,6~5 _ ......... { 50 Garfield '_ ................. 8,90_4 j --~),~-6~'; .... ~06~ Estimated 1997 , 1998 HACA I HACA HACA Change 1997-1998 31,883! 31,883/ 2,200i 2,208/ 8I 62,250! 62,274 24 48,826 0 48,826{ 5,2011 5,201{ 0 601,246{ 601,384 138 21,1461 21,146 8,359 { 8,359 i 30,5151 30,515I 5,4861 5,493! 68,041! 68,041! Oi 12,2741 12,305i 31 316,340i 318,4981 2,158 40,6131 45,746i 5,133 59,4611 77,0461 17,585 14,898) 14,898 0 2,827i 2,828~ 1 24,2591 24,293i 34 3,830! 3,8301 Oi 15,897 15,929! 32 350,370 350,409! 39 146,925 147,058i 133 92,467 92,4671 0 107,255 107,255i 0 523,357 523,599[ 242 162,699 162,6991 0 728,633 728,633~ 0 383,304 383,304 0 2,045 2,045 0 815 845 30 8,008! 8,008 0 456,242~ 456,481 239 59,1181 59,118 0 14,6551 23,471 8,816 5,920~ 5,984 64 15,980i 15,980 0 7,4201 ~;7-! 56,485 1~-' 1,966 65,858 .... -6'5~5-8' 3,858 4,247 4~'14-' 4,914 ..... _1_,~_6_ ~-_ 1,181 102,722 102,722 ..... 35_,_573 35,573 2,826 2,826 37,136 37,136 33,149 33,~-8' 14~-2- 54,253 1,055,575 389 1,177 0 0 0 0 29 21,958 .... 89,9_o_7_. O~ ..... 5_,830 . _1 ,_055_,_57_5 i ......... 21,958_L 0 oI o Estimated' 1998 LPA I 279; 287~, 1,5001 9691 212~ 16,846! 341; 1751 71o! 732~ 171~ 881; 270i 4,953i 581! 891, 550 2221 5431 108r 723: 5,073) 2,989 1,963 1,694 14,379 6,790 23,745 9,774 95 147i 262~ 16,324 t,083! 453 314! 517! 2641 -i 7141 221[ 8,2901 4681 1,959i 415~ 200~ 378] 716T _ _ _3_5,_7_62 i 307i 3J-~ 1997 Law Summaries Page 29 Estimated LGA 1997 1998 Change LGA LGA 1997-1998 5,679 01 iGarrison 5,679 39,936 iGary !Gaylord iGem Lake 'Ga~in 40,705 769 53,139 888~ 392,519 iGeneva IGenola 52,251 380,131 ot o 42,676 280 43,877 298 8,721 43,359 151,389 i Georgetown !Ghent 8,691 12,388 1,201 18 3O 1,538 14,688 41,821 !Gibbon 147,573 3,816 ~Gilbe~ 626,487 643,301 16,814 !Gilman 1,627 1,723 96 !Glencoe iGlenville 717,316 732,004 67,357, 70,715 3,358 !Glenwood 507,5571 522,907 15,350 !Glyndon 96,098! 100,000 3,902 37,989i 19,150 63,578t 64,855 iGolden Valley iGonvick I Good Thunder 8,8391 1,277~ 2,795t 2,604~ 450~ 79,620 82,415 82,638 85,242 23,181 23,631 198,217 204,381 6,164 147,867! 152,420 4,553 51,7341 53,348 ~ ,,~ ~4 235,2261 239,942 4,716 145,846 t 14S,o06 3,960 1,325,445! 1,368,251 42,806 571,528t 585,541 14,013 4,288 Inot available 15,675 1 16,042 367 48,369t 49,510 1,141 4,325 147,154 151,479 10,753 ~ 12,449 1,696 !Goodhue 10,152! 10,670 518 01 0 !Goodridge iGoodview !Graceville iGranada !Grand Marais I Grand Meadow IGrand Rapids !Granite Falls I Grant I G rasston !Green Isle ~Greenbush i G reenfietd ~ G reenwald I Greenwood !Grey Eagle IGrove City 62,552 64,331 121,629 124,387 .... -290 4,686 ...... ~-9~,- 3oo,91Y b,~-~ - 6', ~-9--~ ...... 10~15-49----3,055 1-75,026' -' 1,626 361'31~- ..... '433- 16,007 1 'l" 1_.1'3_,.3.712-- - ' ~4, 495~ 53,417 ~)-07' _' ( 8136_i 70,758 1,827 '939- .... (75j 32,1~- 1,061 2~'-,, 6-~-~ 5,420 ~6-6'~ 4,12_9_ 48,689 454 LG ry_gla ................. 36,323 36,867 ................. _-] 7_,_2.9_-o% _ Hackensack . .___1_3,_86]_~ .... !3,86_1_ _H_adl__ey .... 3,_8_92 Hallock 291,31_3_ ~_al__m~ ................. ~ 457 _H_als__tad ................99,494 Ham Lake 173,400 ~_~urg .............. _-]'- ~35,931 _H~_rnmond 11,327.` ._H. ampto~-~_-_ .......... -- --15~,~" _/--lan_c_ock -- ~08,877- IHanley -~fl~ ....... ~- '--~,~;I-O- HanOver ........... % 22 9i 1-'- l~Hanska ......... -j- 68',93-1--- it~ard~n~ .......... Z .... ' H~ard~;i~:-k- ........ -]- .....31 ,-07_4_]~_ .' '.-I ..... 2,758I 5441 1997 HACA Estimated 1998 HACA HACA Change 1997-1998 4,127 13,723 11,924 174,084 8,586 4,747 13,723 11,924 174,084 8,616 24,232 24,232 887 887 6,677 6,677 14,269 93,284 14,269 93,284 177,995 1,509 62O 30 0 0 0 0 177,679 316 1,509 0 291,219 291,219 0 35,781 35,781 0 232,297 58,729 1,736,105 21,466 60,030 46,304 1,986 222,426 35,324 12,517 107,847 56,334 497,684 75,023 951,163 4,163 32,378 35,258 80,197 9,016 38,255 14,571 38,024 5,557 1,547 -12,8~-' .... 6~i- .... ~7,o-8-~ 232,838 541 58,729 0 1,736,401 296 21,474 8 60,030 0 46,304 0 1,986 0 222,464 38 35,347 23 12,517 0 109,876 2,029 56,334 0 497,724 40 75,023 0 951,263 100 4,163 0 32,378 0 35,258 0 80,450 253 9,033 17 38,389 134 14,571 0 38,024 0 .~,5_5~ .... ~ 1,547 0 -' ~3,9~ ...... ~ ~' ]]' '~7_1_.] ' '__-~-. ]]~ 67,144 59 -" 42,6i'2- ..... ~5 6~'~- ......... 0_I -- '~ 97,374] --¥9~19,~b' .... 576_] ...... ~43,3'1 ~- --43,3-~9-'! .... 4~[ ...... 3, 67~- - 3,6-78. ']6] -i8,9i6- -] _:i8',-~'~-] ]].]- ]0] ...... 40,9~' 40,976 0 ..... __2o,6_5_t ..... 37,99! 32,166__ 512 _ 6,53_2_- __ __8.0_,4_8]. .... 2__6,96_5_ ....... _13,0.5--1 37,991 0 32,166 0 51~ 7 O' 0 0 _.!,5~X ~0~481 26,975 13,05~ [EstimatedI 1998 175 179 246 2,537 571 568 107 90O 2,418 257 6,290i 993 3,289 1,158 26,515 372 724 855 138 3,9591 842] 477j 1,555j 1,251t 10,345 3,875 5,200 146 380 1,050 2,038 255 852 455 747 283 160 323 123 .-_]_ I 98 760 637 - 501 ...... 9o~' 306 1,421 560 ' 98' 284 1,368 387 iHoL ',Ho; :Hut 'lon~ Iron Isan. Isle Ivan Jack .Jan~ J~_~ J~ Page 30 League of Minnesota Cities Estimated LGA ] 1997 1998 Change i LGA LGA 1997-19981 / 1,308,8461 1,318,855 i 10,009' , ~,~"~atfield 1,208 I 1,381 i 173i H~I~_~~ 185,217 ', 196,094i 1 O, 877i ~ 190,632 ! 196,497 i 5,865~ ~d 38,121 'i 38,893 772; _~--azel Run 9,094[ 9,426. 332~, Hecto!. 213,759 219,723 .HeideLberg 1,045 1,234i 1891 '~'~erson 156,199 160,0801 3,881! H~um 43,711 I 45,147 1,436i H-~"~"~i n g 144,640i 148,185 3,545i He--rte 1,7641 1,942i 178; -ter'--'~an 124,795; 127,788[ 2,993! Her'---'~antown 486,314[ 478,0651 (8,249~ Heron Lake 144,256 i 148,5871 4,331 ' ~ H'-ewitt 31,782 i 33,008 i 1,226 :H~ibbing 4235,169t 4,328,425 "~ 93,256 ~11 Cit7 50,794 ', 52,531 i 1,737 Hillman 1,760! 1,805 45 !~Hills 96,783 i 99,415 2,632 ;~illtO@ 59,261 I 61,744i 2,483 iHinckley 133,578 i 140,328 6,750 ~Hitterdal 42,719 ~: 43,606 887 !Hoffrnan 84,918 ! 87,583 i 2,665 iHokah 150,091 i 153,1781 3,087 IHod ngford 114,107! 115,8361 1,729 IHolland 36,856 37,3381 482 IHollandale 35,394 36,3061 912 ~ Holloway 14,554 1 15'175 i ', 621 Holt 8,103 i 8,3921 289 Hopkins 834,195 ', 829 268! (4,927 ' Houston 191,692 i 197,8851 6,193 Howard Lake 175,014 i 182,1231 7,109 Hoyt Lakes 268,152 ', 276,748t 8,596 tHugo 28,679 i 24,650i (4,029 [Humboldt 6,583! 6,890! 307 Hutchinson 1,407,538 1,447,964~ 40,426 Ihlen 13,379 /~ndependence R-~-F~ t 0 t C I~ntl Falls 2,24 2,286,145 42,982 Inver Grove Heights 474-,906' 470,807 ___~,09~- Ion__a~ 33,413T __35,002 1,58~ Iron Junction 4,167 4,262 95 [ronton 105,699 - 707,895 _. _2,19~{ Isanti 243,346 253,297 ~9,951 Isl~e .~-- 67,434 67,636 202 Ivanh____oe . 140,800 _. -?-4-4,291 Jackson 896,528 919,996 j 23,46~ ~_ane'----s_._~ille 280,504 '__- 294,985 'f_-_ :1-~,48i _Jas__~.p_er 119,316 123,288 3,97; J. effers 77,130. 78,958 1,82~ Jenkins __ ~8_~_ 11,9951 21,~ ~---~-------- __2,9_80 ~_ 3',1~5-I i6~ .J.ord~n __ __ 292,036 ~_ 303,462"-' - 1-1-,~,~ iKandiyohi _ _ _~5,7_-~ ~_ 47,135' ' '~,38;, IK~r~;~d ..... ~ .... 137,421 ~ 14!_,8__6_0J__ 4,43! 1997 HACA Estimated i HACA 1998 Change HACA 11997-1998, 986,2981 986,366 ! 68 1,652I 1,652 ! o 51,858 i 51,858 i 0! 143,439 ! 143,439 ! 0 10,277 [ 10,2771 o 1,667! 1,667~, O i 117,747t 117,7471 00t 1,5081 1,508 ~ 55,397i 55,3971 0t 31,029t 31,108t 79i 12,0561 12,056 i 01 35,754[ 35,7901 36 688i 694[ 6 31,4461 31,446i 01 439,2091 439,2451 36 42,8721 42,872 0 13,2841 13,287 3! 1,212,240i 1,213,492 1,252 43,867 53,098 9,231i 202 202~ 0t 16,455i 16,4551 0 23,637! 23,637' 0 52,782! 52,787! 5 10,692i 10,692~ 0 22,380t 22,3801 0! 44,778t 44,7781 ~ 55,3931 55,436i 43_.~ 8,465t 8,465; 01 13,2141 13,214! O! 6,150i 6,150i Ot 1,0761 1,083i 7I 961,173! 961,223[ 5~ 43,5401 43,544i 268 70,892! 71,160i 131,563 ~ 131,940 ! 377 220,249 220,3101 61 1,652 1,6521 0 941,154 67 ..... 3,~65!' 0 178,712 9~1,0~_.7_. 3,365 944,513 8,898 48,311 80,589 27,982 36,964 284,277 134,633 179,441 729 531,884 24 944,513 0 8,900 2 1,377 0 48,528 217 80,589 0 33,972 5,990 36,964 0 284,277 0 134,633 0 15,727 L 15,727 0 ~8~'~ -1~,~ -~ 5 ~-'~-I -- - 5-~181 14-~ Estimated1998 I LPA 20,785 80 2,180 1,656 299 100' 1,448 98 971 867 378i 957 604~ 8,994I 22.642i 6oj 7681 2981 8121 8961 723~ 3641 1,293I 2,034i 2,939 6,751 85[ 15,856 124 3,826 9,926 __ ~2,~3 2O7 166 710 2,469 758 952 4,513 ...... 739 568 650 1,106 1997 Law Summaries Page 31 Estimated LGA 1997 1998 Change LGA LGA 1997-1998 I Kasota ~Kasson ! Keewatin !Ke her JKellogg 61,4961 65,1771 3,681 438,5681 453,9191 15,351 384,113 393,631t 9,518 27,608 1,405 29,013 45,470 46,661 1,191 39,549 :~ Kennedy 41,1271 1,578 i Kenneth 10,795 11,061 266 iKensington 37,847 39,007 1,160 iKent 16,041 16,3081 267 !Kenyon 226,191 234,8961 8,705 I Kerkhoven 121,575 4,119 !Kerrick 3,310 57 !Kettle River 27,805 492 ;Kiester IKilkenny I Kimball iK nbrae !Kingston !Kinney ~Lacrescent I Lafayette iLake Benton iLake Bronson 128,417 27,639 I 47,586 989 2,914 74,639 297,779 84,104 185,290 50,538 74O,O96 iLake City fLake Crystal 125,694I 3,367t 28,297 131,492 3,075 28,2911 652 49,287! 1,701 9501 (39) 3,398t 484 75,781t 1,142 300,568i 2,789 86,6351 2,531 188,7151 3,425i 51,5791 1,041 760,546t 2r,.o01 286,205 300,965 ~ 14,760 !Lake Elmo 4,494 4,4.94t 0 I Lake Henry 4,377 4,534 157 !Lake Lillian 45,061 46,020 959 [Lake Park 106,442 109,852 3,410 !Lake Saint Croix Beach 19,865 21,626 1,761 ILake Shore 0 0 0 ILake Wilson 51,877 53,037 1,160 '.Lakefield !Lakeland ILakeland Shores 493,450 23,831 480,054 20,716 13,396 (29,6421 !Lakev e 485,409 455,767 !Lamberton 179,320 184,099 4,779 !Lancaster ....... _L _ .59,796: 61 512 1,716J ILandfall / 5,17-0-! '1 39_7._-~ (317731 ILengby ..... 22:.,007_ . 22,432 42¢' ! Leonard 1,882 2,022 140' Leonidas_---__- .......... 43;97i' 44,226- -255 !Leroy - - 1i8;338~ 123;501 5,163- !Lester Prai~:ie' .......... 14¢;4-9¢ - 1-52,62-7 .... [Lesueui- ............ 63417§1 '- 646 793 .... :1'2,0'1-2' [Lewisi-oE .................. 125,21~5--- 13-3,7~-~ [ .... 8,~27 Estimated 1997 1998 HACA HACA HACA Change 1997-1998 10,654 10,695t 41 276,047 276,047 0 98,748 98,801 53 5,727 5,7401 13 24,090 24,1821 92 35,422 35,422 0 2,303 2,303 0 13,567 13,567 0 3,681 3,681 0 153,952 154,251 299. 26,851 26,851 0i 759 781 22 9,510 9,535 25 48,873 48,873 0 6,924 45,319 6,924t 45,319I 9191 921 2,045 2,045 31,064 31,095 237,971t 30,807I 60,0421 14,548t 230,677 130,624 238,336 30,807 60,O42 0 14,548 0 232,278 1,601 130,624 0 178,925 179,011' 86 3,714 3,728 14 17,507 17,507 0 34,545 34,545 0 35,006 35,236i 230 21,787 31,859t 10,072 28,114 28,1141 0 0 31 192,440 192,4401 0 30,056 30,281 225 3,745 3,745 0 1,712,1941 1,712,352 158 72,0351 72,035 0 16,792 j_ 16,844 52 - ' 'i~i',91_-5~ 16,~1~- --' ~i -54,0~'8--[ ....... ~'~,2-~i~ ...... i~)8' ..... ....... .... ...... ~3,~)69__L_ - --3~,o~9-~. ........ ~' ....... ~1,3~-~F~ --~,3~~ ...... ~ -- 7,4~0~-. '- -7,~0~T ........ ~' 44,4~:1'~ 44,5i~.]- ....... 6~' ..... b5,04 . - '- b- 88,0¢3] ¢,093q- ' - '0- I 10,2~ .... 10 22~- ~ -" 76,3¢~ ..... ~6,3~ ....... ~ ...... ........ ...... -.-~ ~8,203 1~9,4851 1,282 Esfimatedl 1998 LPA 855 5,087 1,400 465 547 411 98 3731 162 1,9931 94O 77 250 757 210 865 22 160 3O3 5,736 6O5 866 33~ 5,733 2,727 7,796 112 285 833 1,434 1,018 406l 2,536 425 43,482 1,232 42O 790 137 601 120 .... 3,434j 2,640 84t 1,539J 4,858j 2,858 Page 32 League of Minnesota Cities I Estimated 1997 1998 LGA LGA LGA Change 1997-1998 ~Lakes ~LJsmore iLJtchfle~d ~ttlefo_rk ~Fralrle ~Lo~_~v. ille ~ale tLoretto : Lou~s~------------------~ L iLow~ry ILucan 154,701 { 55,546 986,578 80,453 1,6o2,125 100,778 Canada Falls ach 309 65,034 557,251 6,667 94,976 17,656 3,585 47,129 49,945 Luverne ~yle Eynd ~abel 967,688 88,177 Mahtomedi 43,595 157,307{ 2,6061 56,7031 1,1571 1,010.398 23,820! 90,452 9,999: 1,639,146 37,021 104,847 4,069 62 (2471 67,081 2,047 572,979 15,728I 6,667 0~ 100,373= 5,397 17,281 (3751 3,772 187 48,322 1,193 50,733 788 991,727i 24,039 91,0991 2,922 44,254 659 180,723 3,168 177,555 Madelia 355,9651 371,858i 15,893 Madison 488,1051 504,093[ 15,988'I aadison Lake 74,1561 76,195 2 0391 Magnolia 11,885t 13,268 1,3831 Mahnomen 272,521 282,311I 9,7901 163,526 Manchester Manha~an Beach Mankato Manto~ille Maple Grove Maple Lake Maple Plain Mapleton Mapleview Map ewood ~a Marine On Saint Croix Marshall Mayer M__aynard _Mazeppa ~Mcgrath ~cgregor Mcintosh 162,3641 (1,162~ 6,081 I 6,2931 212! 01 o[ o~ 5,073,584 5,156,152[82,5681 131,316, 133,8201 2,504; 131,209[ 123,952 (7,257~ 150,1651 154,273 4,1081 67,173! 83,239[ 16,066[ 203,3901 58,637 675,633 247,508 60,170 0 1,453,839 78,003 _!.,2891 68,739/ 114,645 70,069 14,949 102,532 7,141 526,115 181,631 6,315 0 7,891 29,4~_8_ M_~c.kinley Me.___a. dowlands Medford Medicine Lake ~a Vleire~Grove __ V~elr~ose __ /lena____h~q_a _ /l__en_dota endota Heights ,~entor ~ i~-e River ' 213,636 10,246 ! 59,430 7931 754,266 78,633; 251,702 4,194! 60,970 800 ~ o _o.i -~,4~8,70~[ --24,86~ 105,404 / 2,481 1,3~__5_ 69,832 2_-;i 70,345 ..... _15,79_5 96,147 0 0 0 1,093 3,349 i-2_76' 846 0 ..... 534,391[ .... --8,276. 186,298 ~ 4,667 ..... oi ......... 8,352t. 461 I Estimated j HACA 1997 [ 1998 Change HACA ! HACA ,1997-1998 421,891I 421,956! 6~{ 402,8251 402,825i 261,543! 261,565i 22 20,5331 20,539: 6 9111 930~ 19 162,671 i 162,671i 0 60,976! 60,9761 0 10,0491 10,840! 791 102,1611 102,161: 0 17,595i 17,5951 0 1,491i 1,509~ 18 17,3411 17,341i 0 17,306i 17,306, 0 173,2271 173,227 0 3~,804i 38,846 42 18,928! 18,928 0 58,836 58,836 0 101,026 101,026 0 171,271 171,271 0 53,272 53,4691 197 6,616 6,6161 0 69,354~ 69,354; 0 279,769~ 280,046 277 562! 562 0 353[ 688 335 1,853,2391 1,853,239i 0 69,163 2,091,964 69,163i 0 2,092,0921 128 78,306 78,306! 0 146,191 146,1911 0 108,973 108,9731 0 9,539 9,539i 0 1,559,920~ 1,560,0071 87 62,533i 62,536! 3 12,021 i 12,0211 0 ..... ~,0~6~[__ ~4~933i 873 533,6441 533,6921 48 .... ~-~,-71--~ [ 18,71~j 0 ~i ~02 5~,~2~ 22 ..... .... - '~0~41- 2~:~' 6,4521 6,497 54,143~ 54,143 15,3751 15,417 178 58 0 45 42 2-~,~2~~ 220,549 26 7~,-,-,-~59 7,0761 17 .... -1-09-~44~9- - 10~),~_ 0 57,331 -- '~E~ 1,01~ 2~,2~' ~.~ 0 __ 4J~4~7~ ~[ 3,821 3,821L o .2 i , [3L - .... J¢ 1997 Law Summaries Estimated 1998 LPA 16,607i 312! 7,777! 11,839 9,630 1,107 281 2,461, 3,61 I 294 1,6781 6591 43! 2901 289I 5,776, 642! 387i 9411 2,-~ 2,440i 9171 205'~ 1,544 8,296 98 ' 74, 40,5461 1,2311 56,188I 1,816I 2,700 1,976 262 42,519 786 259 775 15,635 654 543 947 81 479 839 153 139 969 473 4,429 155 3,386 1,425 203 13,640 359 Page 33 ;qTo Estimated 1997 1998 LGA LGA LGA Change 1997-1998 Miesville 27 ! (8) Milaca 394,868 17,211 82,623 1,685 Milan Millerville 703 29 Millville 6,825 429 856 Milroy Miltona Minn City Minn Lake Minneapolis Minneiska Minneota Minnetonka iMinnetonka Beach I Minnetrista !Mizpah IMontevideo !Montgome~ IMonticello !Montrose iMoorhead rUoose Lake iMora IMorgan iMorris I Morristown !Moron !Motley IMound tMounds View ~tt Iron Lake IMurdock IMyrtle Nashua Nashwauk 80,938 674 6,396 37,117 37,973 13,2721 13,430 158 15,179~ 15,949 770 --68,858,961 6,675 7,098 !Nassau _el_s_on erstrand tNew Auburn 32,324 ~ ev~ §r~h~-0n ........ ~5-8]~:~7- [N~W'Germ~ ..... '1-~-, 1'60 ~l-~w Ho~ [~nd~n -~-e-w -M--~-~t New Munich N_e_w Prague New Richland New Trier New Ulm ~1ew York Mills Newfotden _Newport Nicollet ~ielsville 150,594 154,168 3,574 70,580,435 1,721,474 6,936 261 237,875 246,245 8,370 0 0 0 0 Oj 0 0 O! 2,6391 2,769 130 1,104,9141 1,134,437 29,523 448,295 463,783 15,488 o 0 0 82,263 85,790 3,527 l 4,499,614 4,572,296 72,682 197,498 207,993 10,495 ~ 432,475 446,014 13,53¢~ 240,055 244,918 4 ,o63- 1,079,110 1,105,50P 26,399 100,817 104,238 3,421 89,408 92,267 2,859 65,788 66,611 823~ 327,731 320,495 (7,236~ 666,685 689,026 22,341 243,031 260,146 17,115 430,528 445,993' 15,465 I 51,045 52,696, 1,651 5,454 5,604 150 676 625 (511 456,550 463,738 i 7,188 6,830 7,225 395 7,788 690 24,923 982 5_3,_9!_6] ~179~1 .... 8-75' 33A2_4]]._- -_1.':!0_0.. 774,229 15,992 --- 1,033,193 1,118,292 85,099 4. 800_- ......... 8,__3_75 1 _8,8_0_7_L .... 432 32,923 .33,997 1 ~074 498,667 510,936 12,269 2,430 2,588 158 ]_ ~ 2,~-4 ,-_9-4~1- ' 2,673 i~7_ ' -4~,-8-~6' .... _2_4.4_,~974 - ...... _250,.1.1_7 - _~,1_43- ..... 60_,_9_1_ 9 .... 6_ ~2,_4.5_1_ ...... _1 ,_5_ 32_ 188,969 188,478 __]491) 90,251 93,712 3,461 17,106 17,529 423 1,193 ' - - ~,;2~;~- ........... ~1-' Nimrod I Estimated 997 1998 HACA HACA HACA Change 1997-1998 1,729 1,7291 0 91,033 30,871 119 1'907I 30,276 16,076 13,970 77,264 91,033 0 30,878 7 1191 0 1,9071 30,2761 0 16,077i I 13,970i 77,264 29,635,533t 29,636,777 82,677 0 1,244 82,677 3,774 3,86O 86 0 2,O63,499 2,062,504 68,513 68,608 995 95 271,587 273,199 1,612 1,1061 1,107 I 319,213 214,792 319,213 214,792 308,113 897,4061 897,406 67,210 308,113 55,657 0 0 67,273 0; 44,394 44,394 63 70,631 70,646 15 109,330 109,330 0 285,362 285,362 0 0 31,202 31,202 17,904 17,967 490,977 492,036 362,910 362,910 184,446~ 184,352 63 1,059 0 94 149,306 149,306 0 14,531 14,531 0 1,571 1,571 0 1,795 1,795 0 128,953 128,985 32 1,958 1,958 0 2,5221 2,522 0 ..... 12,699 12,697 12,699 9,884 12,697 810,113 477 0 16,872 0 9_1_8,61_0- ....9_]8_,635 .......... 25_. 37,380 -_ 9,118 309,598 89,061 1,365 -- -~73,5~:~ ].- _ ~0,7_9~-" 12,869 . ~7,405 25 22,046 0 ..... _9,_11__8 ......... 0 309,598 0 89,061 0 1,365 0 673,523 0 60,798 0 12,875 6 -~'54~6~ ........... ~' --~t~,4-~- ..... "~' --:'i3o8 .......... 8-6 Estimated 1998 LPA 170 2,986 425 128 208 378 274 32O 857 463,940 171 1,811 6,980 3,157 2,024i 3,785 1,208 7,135 1,044 559 624 12,152 15,927 4,226 2,413 352 82 72 1,230 94 222 294 5O6 465 _2_8,5__7_8. 47O ~ 1,297 - --'.- 5,073t 17,2801 - 1,258 101' Page 34 League of Minnesota Cities Estimated LGA 1997 1998 Change LGA LGA 1997-1998 0 Ot 0 iN~sswa iNorcross Branch ? Mankato North Oaks -~orth Saint Paul -~'~rthfield 20,435 20,796i 361 236,432 249,7991 13,367 18,161 1,566,940 1,585,101 0 O! 0 796,824 ~, 24,216 772,608 1,559,3471 1,600,822i 41,475 46,5181 No,home 47,566 1,048 =N__o~hrop 21,020 522 ~,Norwood Young Amer. ,'~k Grove ~Oak Park Heights ~Oakdale lOdessa lOdin ,~.qema 20,498; 203,562! 199,255 16,1311 13,139 1O' 0 673,71 686,119 44,1761 44,729 13,453 14,011 26,497 27,423 (4,3o7: (2,992', 0 12,4081 553i 558 926 [~Ogilvie 98,917 101,133 2,216 '.Okabena 35,151 36,118 967 iOklee 92,710 94,829 2,119 lOlivia 586,668 602,702[ 16,034 [Onamia 84,903 3,015 11,644 !Ormsby iOrono IOronoco 87,918 , 12,248[ 60~3 Oi 893 59,620 60,513 i ~Orr 56,015 56,391 i 376i !Ortonville 616,251 I 636'167 ~' 19,916 i !Osakis 267,1681 277,166i 9,998 !Oslo 78,3331 79,7821 1,449 iOsseo 81,095 [ 90,7621 9,667 iOstrander 23,876[ 705 !Otsego !O~e~ail IOwatonna 23,171I 101,9381 113,9601 12,022 513 513[ 0 2,940 3341 2,981,896 i 41,562 4,898 IPalisade 5,1871 289 !Park Rapids iParkers Prairie !,Paynesville iPease 'P~P~Ii~ Rapids iPembe~on !P~ennock ;P~eequotLakes IPerham :,Peterson ,Pierz ~er ~r~e Isl~.~d i 475,9631 480,065 4,102 123,638 128,260 4,622 277,726 293,438 15,712 7,397 ..... 7,_79___2 ......... 3_9~ 243,596 . 2~,_14~ 11,544 12,480 13,039 559 58,407 ~,-6~1 --~,22~' 259,086 275,766 16,680 10,574 ._i0~ ...... 38~ 20,879 1,07~ 90,225 61,209 368,732- 239,657 146,619 0 94,870 62,266 381,389 253,991 150,533 0 ~estone 856,053 lainview 367,273 lato _3_11,460_L .... _32_,40__3 ~ant Lake 61 6 R.~u _m~-- -- _ ..... ~4~:3.91h i~-.' 5-0,~_7_-~_ -.i ............. _o_! o 4,645_ 1,057 12,657 881,259 25,206 378,103 ~-,~3~' 0 987 0 i Estimated 1997 i 1998 HACA I HACA HACA Change 1997-1996 23,490i 37,9731 14,483 5,0611 5,061 0 215,489[ 215,539 50 605,865 605,865 O~ 93,071 93,141 70! 260,881 260,881 Oi 713,269 713,269 10,579 10,611 32 12,885 12,885 0 152,1671 152,167 0 119,517[ 120,930 1,413 74,3291 74,489 160 951,163[ 951,263! 100 8,319i 8,3251 6 6,784[ 6,7841 0i 7,821: 7,821[ 13,776i 13,776i 21,7471 21,747! 28,017! 28,017 i 107,2051 107,205, O! 19,047 19,102~ 5~' 5,813i 5,813 300,673, 302,676~ 2,003 32,186i 32,1961 10 12,2881 12,308' 20 289,553; 290,222! 669 90,366~ 92,142i 1,776 26,691' 26,827! 136 133,3851 133,385! 0 0 14,550 14,550! 146,854 146,855 1 17,307 19,855 2,548 1,151,249 1,151,249 0 4,158 4,224 66 74,880 75,282 402 45,095 45,161 66 88 0 138,312 138,400 __L~§9 1,160 57,171 ..... 57,270 99 1~if23 13,723 ........... ..... 25,_6_7 .... ....... o' 39,519 41,699L 2,180 .... 7~,4~0 - 7~,~" ........ ~-5' ..... 2,~45 2,245 0 9,48~-- --9-,~6 ..... 2-3- --- -- o' 25,647~ 25,973 326 1'~¢! 113,373 326 217,634[ 217,634 0 ~,-~[ 41,248 103 2,265t 2,265 0 212,783 212,783 O, 43,271i 43,271 0 3,451 ~,~-~1 110 23,310i - -~3,~T6 0 Estim~ed 1998 LPA 1,921 ', 99i 6,7891 14,379, 4,660 16,247 19,865' 372 349i 10 i 3,7 7,7311 4,788I 30,222 ~ 1891 158~ 200~ 6691 275 ~ 543i 3,335 i 998 1901 9,479; 1,040~ 335 2,659 1,693 458 3,261 347 7,7554 472, 25,909~ 188 3,7901 1,201 2,895 223 2,416 ! 293 615 _--1 ,__!2_1__. __ _2_,8~8_5_ 161 ...... 1,377 397 3,503 2,821 1,202 550 5,773 3,656 427 3541 "~4,76~ 1997 Law Summaries Page 35 t Estimated LGA 1997 1998 Change LGA LGA 1997-1998 I Porter 36,187 t 36,9221 735 iPi'eston 306,3821 316,016 9,634 !Princeton 395,843i 399,403 3,560 IPrinsburg 84,267! 86,506 2,239 Prior Lake I 27,273 27,273 0 Proctor 444,515 459,452 14,937 Quamba 2,6191 2,891 272 IRacine 16,429 i 17,113 684 !Ramsey 329,8451 336,747 6,902i tRandall 52,634 t 54,364 1,730i i Randolph 9,5641 9,895 331 IRanier 18,045 18,562 517 109,465 Raymond 112,535 3,070 ~ Red Lake Falls 357,104 367,291 10,187 !Red Wing 37,920 37,920 0 IRedwood Falls 982,913! 1,008,757 25,844 !Regal 721 834 113 i Remer 49,753 51,535: 1,782 IRenville 280,7621 292,934; 12,172 i Revere 21,713 t 22,117; 404 [Rice 18,729 f 20,467; 1,738 !Richfield 3,361,777i 3,417,9421 56,165 i Richmond 111,830 115,100 3,27n !Richville 3,568 3,873 .~0~ iRiverton 9,974 ~ 9,97~ ~ 01 IRobbinsdale 1,613,340! 1,64~,329 34,989 I Rochester 6,111,083 (4,248', I Rock Creek 40,5191 5,701 Rockford 305,7321 6,091 Rockville 36,474 i 2,024 !Rogers IRollingstone i Ronneby I Roosevett 1Roscoe IRose Creek !Roseau I~ os_e_ _m o_u_n t_ iRoseville ....... ~0t_hs~ay .......... LR_o_u n__d __La__ke ......... LF!?y_alton Rushford _R. ushford Village_ ..... Rushmore iRussell ;Ruthton : R__u_t!_ed_ge ....... Sabin tS_~acred Heart ~a_nborn S n -ne ......... ; uk Centre . _ uk Rapids 6,115,331 34,818 299,641 34,45O 648 57,093 1,270 3,909 6,344 56,417 267,477 383,113 67,984 .... -56,43~," 35,181 ..... 57,218 216,966 33,561 5o,ooi- 49,585 1,729 ..... ~-397- .... ~-~-5-,-3 ~-6- - -69,7151 296,817-i 778,084 793,104 1,047,134 1,071,593 7,382 6,734 58,935, 1,842 1,442i 1721 4,251 I 342! 6,933l 5~ 56,907 4901 280,215, 12,738t 379,500 (3_,613_~ 36,223 1,0421 51,379 1,378 50,835 1,250 158,737 3,411' '-- ~,64TM .... 69' 8,123 24,459 Estimated 1997 1998 HACA HACA HACA Change 1997-1998 6,033 6,033 0. 123,987 124,056 69 180,174 180,231 57 35,485 35,485 0 901,135 203,325 1,191 10,770 905,681 203,393 1,191 4,546 68 10,770 0 505,676 505,713 37 20,254 20,257 3 9,234 9,234 0 2,133 2,160 27 39,566 39,566 0 140,680 140,680 0 1,188,157 1,188,680 523 355,180 355,180 0 1,424 1,424 0 14,222 14,365; 143 121,904 121,904~ 0 6,407 23,532 6,407 23,557 25 1,848,733 1,848,7331 0 64,968 65,0271 59 1,91oI 1,91oI 0 4,854 5,193 339 897,072 897,072 0 4,370,077 4,370,769 692 33,720 34,226 506 115,345 115,345 0 21,286 21,286 0 20,434 20,434 0 46,391 46,391 0 1,288 1,288 0 54~ 551 3 4,709 4,709 0 22,213; 22,213 0: 138,383! 138,383 0i ._ ~5~,.7~_ ........ 2 1,7~1.,124 109 21,524 0 29,912 0 .... 7~,3~ .......... 1~ 40,691 52 17,658 0 27,485 0 12,442 0 ~-,~- 267 550,773 -' _'.121,5~_~ 25,902 29,912 ~2,3-3~- _1_03,014 40,639 27,485 12,442 2,649 - 4~,1-(~6- .... 42,~0E 37,280 37,280 0 29,073`-- 29,0~ ........ 38,111-- 38,12-6 2;~63~- 2,~_6.--'_3~ ' - -0- 285~_0~-¢~- ~85,3~% .... I ........ 346,6~?~ 346,087, 2 tEstimatedI 1998 LPA 262 1,951 4,842 635 16,647 3,826 166 401 20,040 737 436 247 847 1,884 19,909~ 6,510 61 437 1,750 141i 846 44,58oi 1,326 156 156 18,013 97,075 1,409i 3,788] 1.527~ 23O 176 463 3,411 14,862 559 597 1,027 2,031 2,035 785 465 '4-93 425 ~i'o 642 -- -75'1 574 2..47_5_ ._ 98 - 8,677, 4-,752 11,686 S: .St .St? .St; .Si- .St .St. Page 36 League of Minnesota Cities Estimated LGA 997 1998 Change LGA LGA 1997-1998 anion ;__dan ~afer 3ak~ee lerburn Sh.__9oreview :Shorewood Silve'-'---r Bay ~r Lake ~on ~py Eye tSobieski ~olway ,S~uth Haven ~'South St. Paul icer pring Grove ~pring Hill ~pring Lake Park '.Spring Park ~Spring Valley iSpringfield iSquaw Lake iSt Anthony ~tSt Anthony St Bonifacius St Charles 64,4241 56,361( (8,063i 212,510 216,642 4,132i 13,839 ! 14,093 254 ~ 165,851I 169,168! 3,3171 1,541! 1,6331 92: 17,4651 17,831i 366i 195,048! 220,467! 25,4191 45,539i 46,987[ 1,448[ 235,7021 8,8771 0 O' 307,714 i 133,3891 3,504 550,897~ 817,3121 3,5691 4,280t 24,5161 2,588,048! 93,643! 287,2441 3,019i 238,773 16,869 i 242,734 7,032; 9,462 585i ol ol o( 318,648i 10,934i 136,271 2,882! 3,376 (1281 568,201 17,3041 833,363 16,051i 4,077 508i 4,662, 382~ 25,101 585! 2,641,962! 53,914; 95,520i 1,877~ 293,061i 5,8171 3,131[ 112~ 247,8811 9,1081 15,790i (1,079) 547,6401 567,6541 20,014; 399,3391 419,4201 20,081 4,284! 4,7061 422' 1,516 141,661 17,155 334,274 Clair 67,921 tSt Cloud [St Francis ',St Hilaire i~St James S_} Joseph iSt Leo !St Louis Park ~ Martin !St M.____a~'S Point ~t Michael 6,451,179 46,517 22,534 [ 820,758 429,938 9,751 .... 1 ,_9__1_0,_0_79 ___ 16,_94_0 0 139,567 44,754,277 472,748 1,230,317 3,118 26,075 !St Paul ;St Paul Park !St Peter st.___Rosa ...... ~h_en St Vincent ;tarbuck ;tee_.__Q_n _ ~te_~phen ;tewart ~?~_ewa'rtVilie 1,8401 324! 148,711 i 7,050 :~ 14,226[ (2,929! 347,7571 13,4831 70,501! 2,580i 6,847,263! 396,084j 53,252 6,735~, 23,306 772! 847,939 27,18~1i . _ _4_48,86_3._ __18,92_5 i __ _19,15j_ ..... 4o.oj 1,889,882 (20,197t · - ~17-,~4-'-8- .... -0- O~ - - 1-1-5,2~7~ - ~,300_~, - '-~'~6,978 -- 4,2301 .... 3~5' ......... 8,603 9,039! 436 ---~-~,~ '-7~,~zI '--~5,~17 --~0-~,~6- --2~,~ ..... 6;4-0~- 95,103 __9~1j 3,548 151,053 -- 153,507'~ - '~,45~ ~89,937 603,1831 I Estimated ! HACA 997 I 1998 I Change HACA HACA i 1997-1998 580,5331 580,5331 59,306t 59,3061 3,805J 3,805, 0 35,9741 36,022: 48! 6131 616: 13,614i 13,614! 0 526,433! 526,433; OI 9,2991 9,299~ Oi 116,525 116,525; 2,291 2,292~ 1 984,704 985,216~ 512 420,880~ 421,493! 613 109,520 111,8841 2,364 75,341 75,3411 0 15,034 15,0341 0 157f193 157,1931 0 159,787 159,787~ 0i 3,334 3,334 2,1771 2,177 O! 4,6781 4,678 Oi 1,164,827! 1,164,827 O~ 79,500i 82,434 2,9341 81,643 81,747 104i 3,781 3,781 187,228 187,228. 0 95,250 95,408~ 1581 215,508 215,5981 90i 196,171 196,171, O~ 1,410 1,578 1681 1,531. 334,378 47,645, 1,531~ 01 334,378' 0 47,645 i 0 150,146 39 150,107 26,401 26,401 0 2,967,625 2,967,700 75 98,792 23,480 98,792; 0 23,480~ O! ' 149,458 149 458 0 '60,691. 60,754 63 - -~,853,(~§1' ~-- ~)~ ~-~'ff~)-F .......... ..... ~{ ....~d8f': --~ 20,0~,247 _2~,~.~,Z~ ',. _. 502~ 205,505 205,505i 0 __~38,~_ 438,235.L ...... ~,~ ....... 2~070 L o] ..... %~S_9 ...... 40,325 '~ 15 2,454 2,454 i 0 i~;~7 "18~&7Z 0 " .......... 1~,~3 - 148;~-8~1 ...... 43,29~ 43,59% 299 '- a75~ ....... 4~5~ [ ....... ~ ---~Z6~5~ ...... ~0 ~ .... 8', Estimated 1998 LPA 18,315; 75: 495, 17,437 279= 1,378i 1951 33,0301 8,6151 2,4711 435~ 2,738i 4,698; 252! 95~ 249: 25,6831 1,566! 96' 8,517, 2.2531 2,814i 1031 10,603i 1,5ooI 3,7611 8761 74,261, 3,918 382 ...... _5 ,¢3_9_ 5,457 55,243 356 472 4,0551 _ _ 3,~¢A 1,470 23¢ 879 718 5,938 1997 Law Summaries Page 37 Estimated t LGA 1997 1998 Change LGA LGA 1997-1998 'Stillwater 957,111 979,120 22,009 Stockton 19,161 Storden Strandquist i Strathcona iSturgeon Lake Sunburg ~Sunfish Lake Swanville Taconite ;Tamarack !Taopi 'Taunton ~Taylors Falls iTenney Tenstrike 64,859 20,818 66,009 1,657 1,150 11,183 11,533 350 2,696 4,770 13,820 57,285 118,531 5,418 1,659 2,845 5,509 14,181 0 58,150 119,787 5,480I 1,856 7,638 7,331 149 739 1,256j 307 82,767 83,631 864 1,729 1,729 0 2,028 2,404 376 Thief River Falls 1,254,070 1,288,258 34,188 Thomson 16,193 16,193 0 ~Tintah 9,460 9,732 272 Tonka Bay 0 0 Tower ',Tracy :Trail Trimont ;Trommald 120,450i 122,388 587,289 4,092 161,635 8,76~ 2,365 264,254 570,152 3,916 158,252 8,775 :Trosky Truman 2,1021 256,282 :Turtle River t 13 27 iTwin Lakes I 37,876 37,972 :Twin Valley I 156,562 162,216 'Two Harbors 972,141 991,666 ..Tyler 192,122 200,486 · Ulen 92,629 t : Underwood 61,073 !..Upsala 1,938 17,137 176 (71 263 7,972 14 5,654 19,525 8,364 95,002 2,373 62,638 1,565 56,162 56.4991 337 ', Urbank 2,171 ~ _,___2,358 r 187 ~Utica 23,599 24,146t 547 V_ad~n_ais_He_~i.igh_ts_ _ . 6,127 588 (5,539) ~ Ve r_g_a_s_ ......... __- 10,382 ..... 11,31 g ...... 937 Vermillion 4,371 ~.,010 ..... (361' ',-V~rndal~ .......... 64,717 .... 66,853 .... _2,136" Vernon Center 36,314 37,335 1,021 '~/~t_-.a_-. _--__~--~ Z__- '--'-_ 59:524.-:'_' _60,892 ...... ;i,368_-. victoria ....... 0 0 O~ ¥iki_ng ....... ._'_ _ _2_1~__7_-6~ r.* ~ ;2-2,1~2" -386 ._Vi!lard 33,620 34,80i-- ¥,181- _V!.n!ng ........ -9-~'~ ...... 9,7~3- ......293. Virginia 3,296,199-' ~,~)81716- - 32,517 Wabash~,-- ............. , -~,~'5~:~ - 4-63,344- .... 16,801" Wabasso .............. ;t-4 i~29-3-I 1-4_4,15;2 ~_,85~. Wac°nial ........ _--i~i i" ~-2~77_,2__5.? 276,563 (694 [Wadena .... .~_ 615,142 640,827-' ' 25,685 IWahk°n .... '-~..b i ¢,2;I 6- -17,3-"i-2' ' - 96 waite Park I 3-~-1,938-- 367,838 ~ 5,900! Waldorf ......... _~- ....~, 0~- .... ~2 55~ ...... 490[ Walnut G~;ove I ,'~¢ ~7 -_' ~E.~. ~' ~-.2.~794-1 I Estimated I HACA 997 1998 Change HACA HACA 1997-1998 989,884 990,340 456 14,407 14,407 0 30,228 30,22'8 0 546 548 2 438 438 0 280 7,20~ 3,28( 44,81.~ 5,162 7,488 3,286 44,815 5,162 32,229 0 29.' [,, 31,936 ~ 2,050 2,149 99 1,9121 1,912 0 2,2581 2,258 0 85,841t 86,338 497 152t 152 0 1,486t 1,867 381 515,5191 515,592 73 3,609t 3,610 1 2,816/ 2,816t 0 76,6481 76,922 274 39,024i 40,320 1,296 0 0 84 0 0 43 0 0 170 0 o 146 5 0 29 396 0 169,861 169,661 213 21: 71,346 71,346 2,273 2,357 1,180 1,180 88,168 88,168 177 220 10,2861 10,286 59,3381 59,338 259,280f 259,4501 71,690 71,690 37,547 37,547 9,8551 10,001 10,431 10,436 1,802 1,802 8,022 8,022 369,257 369,286 5,0~Y 5,463 '- ~;0~9 ..... 27,0~9-' 13,962._~_ '{3,962- 2§,~51 '~8~,8~ '- 184,228 ..... 2,89;2- -' 2,8~2- ..... 1~,$~- .... . ~98,091 998,091 .... !¢6,700 ._ '~__~,2~5'; 27,835 ~ 27,835 216,642- 216,93~ 151,313i -151,348 8,0431 9,378' i 3 50,5971~. 350,59~' ..... L.~ _§8~§2, 38,682' 356' 0 1-01 1,545 297 35 i ,33~- O~ Estimated 1998 LPA 19,843 732 347 113 51 316 147 583~ 402~ 105/ 218t 10,211~ 176t 2,5971 741 932 ! 115j 156 1,629, 91! 180t 1,057, 4,569; 1,586 689 358 470 91 273 15,649 364 635 7O8 424 432 4,~23 308 891 5,~32 5,433 251 7,509! 1,235{ Page 38 League of Minnesota Cities I Estimated 997 1998 LGA LGA LGA Change 1997-1998 i alters Wr~--~altham 22 . iWanam~ncjo 24,123i 24,480! 357 21,5421 22,1671 625 121,835! 124,4151 2,580 9,921! 10,250! 329 ,Warba 8,082' 8,245[ 163 ~ 279,838 14,053 ;Warren 265,785i ~/arroad 106,6851 117,061 10,376 LWaseca 1,456,159! 1,485,065i 28,906 iWatertown 184,2981 188,2891 3,991 ~Wate~ille 341,3281 351,1331 9,805 ~Watkins 89,897[ 92,941! 3,044: FWatson 40,153 1,135 IWaubun 33,636 ! 41,288i i 35,391i 1,755 w averly 84,982] ayzata 0! 85,4691 487 lWelcome ~Vells ~Nendell ,~Nest Concord 643,9461 IWestbrook o 139,715 ! 143,798 ,4,083 665,751 21,805 39,0611 39,869 808 124,766~ 128,869 4,103 IWestSaint Paul 1,156,1551 1,196,728 40,573 ~West Union 1,752! 1,808' 56 201,959! 207,031 5,072~ Westport Whalan Wheaton White Bear Lake 1,876[ 1,923' 47 Wilder 7,9211 8,2271 306 366,450! 381,079i 14,629 888,981i 919,1071 30,126 10,593i 10,927i 334 43,3071 44,3301 1,023 24,979! 26,0221 1,0431 2,452,655 60,551[ 2,392,1041 27,906 Willernie Williams Willmar 719,609[ 9771 Willow River 26,929 ,~ Wilmont 43,510! 45,338 1,828~ Wilton 263 ~ 300 37! 740,341 Windom 33,5731 34,307 Winger Winnebago iWinona 20,732i 734~ 335,999i 349,113 13,1141 5,103,0871 5,282,284 179,197i IWinsted IWinthrop W~n~ton Wood Lake Woo.___db~uD~ .............. 0 Woodland 0 Woodstock 26,705 WL.W~o [t_h i_n~_t o_n__' 1,940,8_62_ Wrenshall 65,179 292,07_4_~ 299,514 7,440[ ~-~-0-, ,~ ~5~' ~-0§,0~-3 .... -7,588'1 ~ ~-97~- 74~3 .... 8~0 ..... ¢3~ ...... .... -2~53~f ...... 56~! ~ ...... ~6,~%~ ..... ~7~6 ....... 5~-~ 0 0i "' 0 ....... b! 27,508 803 1,971,7~1- 30,859 -~6,04~ ...... 86~' :umbro Falls :umbrota 1,572 1,990 418 120,167 .... 1__2_1,87_9 . __1,7?._ 1,209 1,209 0 90,138 101,377 __ !.~1_,23_9_ 12,487 13,3~;~' 857 4i ~,-5-~'~-'-.__~_--_~.~_~,-~5_-(" _~_?~(~ S~-~'TotaJ - -/--_-"~ ~iI359',347,3;7~)1368,328,°°4I 8"9~'0'6-3~'I 1997 i Estimated i HACA 1998 t Change HACA i HACA 11997'1998 6,7061 6,7061 0 12 5901 12,590 ~ 0 I 62',636 ! 62,636 ! 0 4,633i 4,633i 0 2,9261 2,983i 57 46,1371 46,162 25 39,750! 39,820 70i 325,3241 325,324 ~ 61,3731 61,373 0! 111,3661 115,978 4,612 69,7371 69,737 0i 16,7651 16,765 0 19,7371 19,737i 0 52,468! 55,675i 3,207 279,5501 279,880' 330 43,7191 43,719~ 0 85!706: 85,706i O~ 8,505i 8,5051 53,902i 53,902 978,9271 978,963[ 361 1,4181 1,418, 0! 56,337~ 56,348! 11; 308 309~ li 3,514 151,387 3,547i 331 151,3871 0i 842,777 842,876i 99! 2,852 2,852 01 29,943 29,943 01 7,578 7,679 101~ 661,233 661,253 20i 3,3871 3,415 28! 16,4261 16,426 0! O! 10 101 352,882! 352,963~ 81 20,485i 20,4851 0 112,557i 112,557! 0 1,477,292! 1,477,5921 300 105,820 105,820 01 .... ...... 6,259 i 6,259 - 2~7791 ..... 2§,~7-9- 1- o3- 5-3-31 .i-_-- ;32_;_1-46-! 32,248 24 102 4,817 4,817 0 712,641 712,696 55 7,171 ~ ......... ~-- --'-6'-,~45'I '--- ~,710 ...... -'~' .... -2~-9-84-l -- 2~1 ..... l - - [~,_898,732119'_7_,175,0421i 276,310i Estimated'i 1998 LPA 2161 1,117 1241 174 2,268~ 2,323, 10,477~ 3,2521 2,275; 1,083~ 256~ 5051 794 5,058~ 993; 3,071~ 199! 1,129 24,625 100 1,070 60 109 2,100 32,776; 103~ 723i 270, 23,696; 372' 4451 133, 5,776; 205, 1,964! 33,7571 __ 197i ....... 42! .... 39,6351 615~ 13,009! 415i --- ..... 2,3651 299', · '_ . ~,_103,! 4,653,54_1-~ 1997 Law Summaries Page 39 League of Minnesota Cities staff working with legislative issues Jim Miller, Executive Director (612) 281-1205 jmiller~lmnc.org Gary Carlson, Director of Intergovernmental Relations (612) 281-1255 gcarlson@Imnc.org General revenue sources for cities Local government trust fund Aid to cities Property tax system Andrea Atherton, Intergovernmental Relations Representative (612) 281-1258 atherton@lmnc.org Electric utility deregulation Local/tribal relations Tax increment fi'-.ancing Land use Economic development and redevelopment Fiscal issues Ann Higgins, Intergovernmental Relations Representative (612) 281-1257 ahiggins@lmnc.org Telecommunications Housing Elections and ethics Utility service districts Eric Willette, Legislative Policy Analyst (612) 281-1263 willette@lmnc.org Mary Diedrich, Legislative Secretary (612) 281-1259 diedrich@lmnc.org Mickey Ojard, Legislative Secretary (612) 281 - 1261 ojard@lrnnc.org Page 40 League of Minnesota Cities June 16, 1997 LAKE MINNETONKA CONSERVATION DISTRICT Gray Freshwater Center, 2500 Shadywood Rd., Suite 19 471-9585, FAX 471-0632 NEWS RELEASE Contact: Gene Strommen Project Manager Greg Nybeck Executive Director SUBJECT: Public Access Limited Use Due to Herbicide Treatment for Milfoil FOR IMMEDIATE RELEASE Some public accesses on Lake Minnetonka will be subject to a 24 hour limited use restriction to assist in the effectiveness of herbicide treatment scheduled in June. Herbicide will be applied to certain public accesses to control the growth of Eurasian watermilfoil as allowed by a MN Department of Natural Resources Permit. The first access treatments are scheduled to start at 7:00 am, Monday, June 23, at the following accesses: 1) County Highway 16, Wayzata Bay; 2) County Highway 51, North Arm Bay; 3) County Highway 125, Mounds Park, Cooks Bay, and 4) Tuxedo Blvd, Zimmerman Pass, Phelps Bay. The second access treatments are scheduled to start at 7:00 am, Monday, June 30, at the following accesses: 1) County Highway 101, Causeway, Grays Bay; 2) County Highway 51, DN~ Access, Maxwell Bay, and 3) County Highway 15, Spring Park Bay. An alternate public access will be about a mile away from the access scheduled for treatment for public convenience. The Lake Minnetonka Conservation District expresses its appreciation to boaters for their cooperation during these two groups of public access treatment. Questions concerning the treatment may be directed to the milfoil project manager or executive director, 471-9588. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MONDAY, JUNE 9, 1997 Those present: Chair Geoff Michael, Commissioners Orv Burma, Frank Weiland, Becky Glister and Council Representative Mark Hanus. Absent and excused: Commissioners Jerry Clappsaddle, Gerald Reifschneider, Michael Mueller and Bill Voss. Also present: City Planner Mark Koegler, Jon Sutherland Building Official and Linda Strong, Secretary. The following interested citizens were also present: Donna and Doug Easthouse, Ken Grabow, Jim O'Hearn, Joyce and Steve Matheson, David Kamolz, Harry Nasset, Jim Brunzell, Todd Rask, John Edewaard, Scott and Linda Mack, Joyce Agnew, Mark Smith, Ernie Strong and Dave Willette. MINUTES APPROVAL OF THE MAY 19, 1997 PLANNING COMMISSION MINUTES MOTION by Weiland, seconded by Glister and carried unanimously to approve the Minutes of the May 19, 1997 Planning Commission as presented. INFORMAL PUBLIC HE--G: TO CONSIDER THE APPROVAL OF MODIFICATION OF RESOLUTION//95-13, ITEM//16, FOR PARCELS 1, 2, 3, BLOCK 1, TEAL POINTE AND TO CONSIDER A 10 FOOT FRONT YARD SETBACK VARIANCE FOR LOT 3 ONLY. Chair Michael stated the format for public hearings. Staff gives their report, Commissioners comment to staff, then the public hearing opens, and interested citizens can then speak. Planner Mark Koegler stated the Planning Commission had heard this case on May 19, 1997 and the Council heard this on May 27, 1997. The City Council decided it appropriate for the abutting properties be notified of the proposed changes in the original Resolution of #95-13. He then described the case briefly. The applicant is seeking approval of a front yard setback variance and modification to one of the conditions of the approval resolution for the Teal Pointe subdivision in order to construct a new home. The parcel in questions is Lot 3, Block 1 of Teal Pointe which fronts on both a short street (Outlot A) and an unimproved portion of Drummond Road. Because of the location of the lot, it is required to observe a 20 foot setback off of Drummond Road. A 10 foot setback is being proposed, hence the variance of 10 feet. Drummond Road is unimproved and is only platted. When the preliminary plat for Teal Pointe was reviewed and subsequently approved, the developer proposed vacation of parts of Drummond Road. In the course of the review of the preliminary plat, the right-of-way was not vacated and the plat continued to identify an incorrect 10 foot setback from Drummond Road right-of-way.. Presumably, the plat was drawn assuming setbacks with the right-of-way having been vacated. As a result, Caliber Homes is seeking a Minutes- Mound Planning Commission June 9, 1997 10 foot setback variance to allow a home to be placed 10 feet from the lot line. The applicant is also seeking to change the proposed preliminary plat that included cantilevered/cassion foundations for homes on Lots 1, 2, and 3, to the standard form of housing with a full basement. Lots 1, 2 and 3 intrude into a bluff area as defined by the Shoreline Ordinance. Because of the timing of this development relative to the adoption of Mound's shoreland standards, the approval resolution granted, "A variance from Section 330:1225, Subd. 4(B) to allow minimal fill for home construction on Lots 1, 2 and 3 within the bluff impact zone and/or bluff area." The resolution also stated, "Homes constructed on Lots 1-3 shall be caisson and cantilevered structures. Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans prepared by a registered Landscape Architect for review by the City. The plans shall contain a master plan, tree inventory, erosion mitigation plan and a landscaping plan which details tree and ground cover replacement." This idea of caisson/cantilevered construction on Lots 1-3 was offered by the developer at that time as a means to lessen the impact on the steep slope areas. At this time, the current owner of Lots 1-3 is seeking to modify this clause in the resolution to allow the construction of traditional single family homes. Recommendation Staff recommends that the Planning Commission recommend approval of the requested 10 foot front yard variance to allow a home to be placed 10 feet from the right-of-way of Drummond Road. The facts of this case support a funding of practical difficulty. Staff further recommends that item 16 of Resolution #95-13 be modified to remove the requirement for caisson and cantilevered structures. The remainder of the condition should be amended to read: "Prior to issuing a building permit for Lots 1, 2 and 3, the developer shall submit a set of plans prepared by a registered engineer and landscape architects for review by the City. The plans shall contain a detailed grading plan at a scale not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an erosion control plan and a detailed landscaping plan. Additionally, the grading plan shall note all site features such as retaining walls and decks and appropriate details shall be provided." Complete plans for the proposed construction on Lot 3 consistent with the above requirement shall be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shall be limited to the area extending eight feet to the rear of the proposed home. Chair Michael asked the Commission if they had any comments, they had none. Minutes - Mound Planning Commission June 9, 1997 Chair Michael opened the Informal Public Hearing and asked if there was anyone present who wished to speak on this item. John Edewaard - 5125 Hanover Road. He stated he did not like the proposed variance. There was no hardship, doesn't meet code. He did not like changing plans. The new owner should have researched this before he purchased land. The original plat was approved because of the house style change, now it is being recommended. He stated there were already 17 variances and this had been well thought out once. Koegler stated that other PDA's had had changes in the past, once the plat was approved. Hanus asked Edewaard what his contention was with, the variance or the building style? Edewaard stated some conditions had not been met, such as reseed and resod. The homes should be built the way they were originally designed. Hanus reiterated the proposal before the Commission. Jim Brunzell, 5111 Windsor Road. He stated the neighbors had worked hard with the previous developer to come to an agreement, now it was changing. He was losing his trust in government. He purchased his home from previous developer, it had water problems in the basement. Brunzell stated he did not think the style of home would work on the slopes. Todd Rask, 5901 Drummond Road. He disagrees with the setback variance. The undeveloped Drummond Road was being discussed amongst neighbors as being a nature trail with walkway access to the slough area. He felt the slope was too steep for the style of home proposed. Chair Michael asked if this trail plan would go through the Parks and Open Space Commission. Harry Nassett, real estate agent, 2212 Fern Lane. He stated the plat map on view, was not the way the plat was approved. The plat on view showed Drummond Road vacated and it was not vacated. Lot 3 is 40 feet wide. The correct plat of lot 3 does not go into Drummond Road. Nasset stated caisson style homes are not good for Minnesota climate due to the cold seeping in. More earth would have to be moved installing caisson than a full basement. With retaining walls, the grade will be more improved than with the open ground style. Holes for the caisson would be larger and move more earth around than just digging a basement. Building Official Jon Sutherland stated the equipment used to dig a basement, would be a backhoe and cause less impact on the hillside because it could cut into the hillside for a foundation from at the top above the lot. In order to prepare footing holes, equipment would have to drive over and around the slope. Chair Michael asked why the original builder used caisson/cantilever style? 3 Minutes - Mound Planning Commission June 9, 1997 City Planner Koegler stated the former developer proposed this style of structure. Chair Michaet commented that some time changes occur, something may prove to be better than what was originally planned. Chair Michael asked three times if there were any more comments from the interested citizens, there were none. Chair Michael closed the informal public hearing. Hanus stated the cantilever style portrayed a more environmental friendly style, now we are hearing differently. The Commission would recommend the style that makes the most common sense. He didn't think much could grow under the caisson style overhang and that a full basement would not create as much erosion, especially if side elevations with landscaping were considered. He was not concerned with pipe freezing issue, this could be taken care of through special building efforts. The staff reports that there should not be further damage to the slopes. He is sensitive to the neighbors concerns. Weiland stated he also wants to protect the slope, and through the use of retaining walls, he could approve the full basement style. He was concerned as to what could grow under the cantilever. Burma stated he had mixed thoughts. He was concerned that recently there had been instances where the developer assumed a street vacation had been approved, and then, consequently, the Commission granted variances to allow the building. He stated that sometime exceptions are made. Glister stated she had wanted a public hearing to discuss the proposed changes. She was willing to consider the change. She was pleased citizens took the time to come to the meeting. She did not want to change the building style of the original proposed cantilevered/caisson style home. Chair Michael commented that there were four Commissioners not in attendance. He did have in writing, comments from Michael Mueller. Chair Michael wondered if the Commission would like to wait until more Commissioners were present. Weiland stated more information should be added to the motion, regarding the oversight in not vacating Drummond Road. Hanus stated the conditions as they would be in the motion. MOTION by Hanus, seconded by Burma to approve the requested 10 foot front yard variance to allow a home to be placed 10 feet from the right-of- way of Drummond road and to modify item //16 of Resolution 95-13 to remove the requirement for cassion and cantilevered structures. To amend Minutes- Mound Planning Commission June 9, 1997 the condition to say "Prior to issuing a building permit for Lots 1, 2, and 3, the developer shall submit a set of plans prepared by registered engineers and landscape architects for review by the City. The plans shall contain a detailed grading plan at a scale of not larger than 1" = 10' identifying existing and proposed contours in one foot increments, a lot tree inventory, an erosion control plan and a detailed landscaping plan. The grading plan shall note all site features such as retaining walls and decks and appropriate details shall be provided." Complete plans for the proposed construction on Lot 3 consistent with the above requirement shall be submitted, reviewed and approved by the City Engineer and City Planner prior to issuance of a building permit. Grading and the construction of a deck or patio shall be limited to the area extending eight feet to the rear of the proposed home. Koegler stated the motion came directly from the staff report. Chair Michael read Commissioner Mueller's comments for the record: "The discussion we had with this development were many and the developer assured us that the entire development would be architecturally planned including building facades and that the bluff slopes would be least disturbed by the construction of some of the homes on caissons where the grade was the steepest. I brought up at that time the open underside exposure of the structures was a difficult and expensive way to build given the cold weather that we have in order to protect the heating and plumbing systems from freeze-up. The developer assured us that even though it would not be cheap, this type of construction is preferred in order to minimize the impact to the bluff. He informed us that caisson drilling does not disturb as much area as that which excavating machinery needs to move large amounts of fill material and the turning radius and movement required to remove such material. The lots in Block 1 were always of the largest concern as the slopes are very extreme. No type of construction other than that approved on the preliminary and f'mal plat should be allowed. It appears as though this is a request based solely and completely on a cost effective method of construction and not on a hardship that was not at length at the time of the preliminary plat approval. It is my understanding that a variance, or in this case a modification change to the final plat, should not be done for the sole purpose of making the project less expensive to complete. There are methods of assuring that the construction on caissons can be done without freeze-up problems and the bluff would sustain the least amount disturbance and infringement. I used to be an excavator, and I assure you that there is no way to excavate a basement that disturbs the bluff equal to or less than caisson drilling." Chair Michael stated the presumption was that Commissioner Mueller did not approve the structure style change. Minutes - Mound Planning Commission June 9, 1997 Chair Michael asked if there were comments from the Commission. Weiland stated he would like to see plans for the retaining walls on Lots 1 and 2. He wanted to make sure the retaining wails were installed. Burma stated he agreed with Mueller on most points with the exception of the construction cost being cheeper. The Commission should not request only the most expensive plan. There is no reason to require a more expensive method if both methods have equal impact. VOTE was called, motion carried 3-2. Glister and Michael voting nay. Chair Michael stated the item goes to the City Council on June 24, 1997. BOARD OF APPEALS: CASE #97-21' VARIANCE FOR DECK, JIM & SUE O'HEARN, 1786 SHOREWOOD LANE, LOT 7 & 8 P/8, BLOCK 3, SHADYWOOD POINT, PID #13-117-24 11 0005. Planner Mark Koegler reviewed his report. The applicants are seeking setback variances in order to construct a conforming deck addition. The existing home sits within 14 feet of the front lot line and 5.8 feet of the north side lot line. This situation results in setback variances of 6 feet and .2 feet respectively. The lot is in compliance with all other zoning requirements including impervious cover limitations. Comments The existing non-conforming home is in very good condition. The proposed construction consists of an elevated deck that measures 19.6 feet by 8 feet. The new deck will tie into an existing deck and provide a stairway connection to the rear yard. The proposed deck addition observes a 69 foot setback from the O.H.W. of Lake Minnetonka. Recommendation The non-conforming aspects of the existing property are likely to remain well into the future. The proposed construction conforms to all zoning requirements. Staff recommends that the Planning Commission recommend approval of the requested variances to allow the new deck construction due to the "practical difficulty" that results from the setbacks of the existing home. Hanus questioned why a detached garage needs to be farther from the street than a detached garage. He then stated, an attached garage could easily become a part of the house. Minutes - Mound Planning Commission June 9, 1997 MOTION by Weiland, seconded by Burma, and carried 6 - 0, to approve a 6 foot front yard variance and a .2 foot side yard variance for a existing non- conforming structure to allow the construction of a conforming 19.6 x 8 foot deck addition. Weiland commented about the existing shed being conforming, and it was. Chair Michael stated this item would be on the June 24, 1997 City Council agenda. CASE//97-22: VARIANCE FOR SHED, DOUGLAS EASTHOUSE, 3042 ISLAND VIEW DRIVE, LOTS 50-51, PHELPS ISLAND PARK 1ST DIV. PID 19-117-23 34 0075. Building Official Jon Sutherland passed out photos that the applicant had provided. Sutherland stated the applicant is seeking a variance to allow the reconstruction of a nonconforming shed on the lakeside which was, according to the owner, torn down several years ago. The proposed shed is to be setback 20 feet from the lake. A 50 foot setback is requires, resulting in a variance request of 30 feet. This variance request also results in the recognition of a variance for the existing nonconforming detached garage adjacent to the street. The detached garage was allowed to be constructed by the City in 1979 by special agreement, and also reconstructed in 1991 when it was damaged by a vehicle. All other issues with this property are fully conforming. The applicant was present. Comments The Shoreland Management Ordinance allows for one water oriented accessory structure (a lock box) provided that it does not have a floor area exceeding 20 square feet and four feet in height. The lock box must also be treated to reduce visibility as viewed from the lake. There does not appear to be any findings of hardship. However, practical difficulty was determined in a similar case adjacent to this property, at 3030 Island View Drive. In the previous case, the neighboring properties had similar situations with topography and sheds located in close proximity to the lake. Due to the need for storage and due to the steep slope, small sheds were determined to be reasonable. A lock box was found to be on inadequate size to accommodate the typical storage needs, and there were no other alternatives to locate a shed on the property that was in conformance with the ordinance. Recommendation Staff recommends the Planning Commission recommend approval of the variance as requested due to practical difficulty. Chair Michael read Commissioner Mueller's comment, "I concur with the staff recommendation with the proviso that the shed be screened from the lake with year around (i.e. evergreen) plant material." Minutes - Mound Planning Commission June 9, I997 Sutherland stated the applicant can submit a application to the Planner for approval. There were no questions from the Commission to the Staff. MOTION by Burma, seconded Glister to concur with staff recommendation and approve a 30 foot lake side setback to allow the construction of a shed at 3042 Island View Drive. The shed is to only be 7 feet high. A screen plan will be submitted the Building Official. The vote carried 5-0. Weiland was concerned with how tall the shed would be. The applicant commented about 7-8 feet tall, and that it would be manufactured shed. Also, that it would meet the required guidelines. Mr. Easthouse will submit a shrubbery plan to the Building Official. CASE #97-23: VARIANCE FOR DECK, KENNETH & CAROL GRABOW, 1732 CANARY LANE, LOT 10, 11, 12, BLOCK 11 DREAMWOOD, PID 13-117-24 24 0015. City Planner Mark Koegler reviewed his report. The applicants are seeking approval of variances to allow the replacement of an existing walkway, patio and deck that wraps around two sides of the existing home. The existing home is nonconforming due to front yard, rear yard and side yard setbacks and impervious cover. Setbacks and variances that currently pertain to the parcel include: Front Yard Setback Side Yard Setback (south) Rear Yard Setback (east) Impervious Cover Existing Required Variance 5.47' 20' 14.53 1.47 6' 4.3' 13' 15' 2' 44% 40% 4% The proposed construction impacts the amount of impervious cover and the side yard setback noted above. In the side yard area, the proposed deck (replacement) is required to observe a 6 foot setback since the deck at that point exceeds 30 inches above grade. In this location, the property abuts the Wiota Commons which is held in perpetual open space. In order to reconstruct the deck, either a variance needs to be granted or the deck could be reduced in depth the comply with the 6 foot setback requirement. The remainder of the setbacks stem from the location of the home on the lot which is an existing condition of the property. Comments The proposed improvements will actually reduce the amount of hardcover on the site to a total Minutes - Mound Planning Commission June 9, 1997 that is very near the 40% threshold in the ordinance. By converting the walkway and patio to a wooden deck construction, water will be able to penetrate the surface unlike the concrete surfacing that currently exists. Therefore, the new decking will improve the hardcover situation on the property. Recommendation Variances in Mound can be granted on the basis of either hardship or practical difficulty. In this particular case, a finding of practical difficulty could be rendered by the Planning Commission due to the placement of the home on the lot, the fact that the proposed deck will improve the amount of impervious cover, and due to the fact that the lot borders a large commons area that will always exist as open space. Based on a finding of practical difficulty, staff recommends that the Planning Commission recommend approval of the identified variances in order to reconstruct the existing walkway, patio and deck in the wooden decking configuration that is proposed. Weiland stated there would be more open area if the old shed was removed near the back property line. Mr. Grabow stated the shed is not used often and could be removed. MOTION by Weiland to concur with staff recommendation to recognize existing nonconforming house and setbacks and recommend approval of variances to allow the replacement of existing walkway, patio and deck that would be reduced to comply with the 6' setback from the Commons and to remove shed at back of lot. Building Official Jon Sutherland stated that the commons area adds green space to this lot. Mr. Grabow stated he would gladly remove shed, but would rather not reduce the deck size to meet the 6' setback. MOTION by Wetland, seconded by Hanus to concur with staff, to recognize existing nonconforming setbacks, to allow the reconstruction of walkway, patio and deck. The applicant is to remove the existing nonconforming shed on the property. Hanus clarified that the deck as proposed, was contingent upon the removal of nonconforming shed. Michael clarified the shed is to be removed to add to the green cover. The vote was called, the motion carried 5-0. Minutes - Mound Planning Commission June 9, 1997 Mr. Grabow was concerned about the area where the shed is located, how would it look when shed is removed and the back of neighbors shed will be exposed? He was told he could fence the area to match the existing fence. He would have to locate lot line, the fence could go on the lot line, or he could screen area. CASE #97-24: VARIANCE FOR DWELLING, ERNEST STRONG, 4940 CRESTVIEW ROAD WILLETTE BUILDERS, LOT 9, BLOCK 24, SHADYWOOD POINT, PID #13-1124-11 0091. City Planner Mark Koegler gave his report. "Sometime prior to December of 1980, a fire substantially destroyed an existing home located at 4940 Crestview Road (Lot 9, PID 13-117-24 11 0091). Records indicate that the City initiated an effort to clean up the site after the fire presumably since the owner took no action to do so. As a result, the damaged home was removed and the property eventually became tax forfeit. In May of 1983 the property was included as part of Resolution 83-76 which reconveyed certain tax forfeit lands back to the State and requested the County Board to impose conditions on the sale of the property and that such lands only be sold to owners of lands adjoining and that said lands should be combined for tax and land use purposes and comply with City Ordinances and regulations. Later in 1983, the property was purchased by Ernest Strong, who owns an adjacent parcel of land (Lot 8) that is immediately east of the subject site. For the past 14 years, Lot 9 has been used as part of the lot area of Lot 8. At the time of the purchase in 1983, Hennepin County apparently did not require that Lot 8 and 9 be combined as was the wish of the City of Mound as expressed in Resolution 83-76. Therefore, for the past 15\4 years, Lot 9 has existed as a separate lot of record under common ownership with the adjacent parcel. It is presumed that Mr. Strong was aware that the lot was undersized and did not meet the lot area or width requirements that were required by the Zoning Ordinance. The current Zoning Ordinance standards were enacted in 1982, prior to the purchase. At the present time, Willette Building Co. is a variance to allow a new home to be built on the lot owned by Mr. Strong. In order for a new home to be built, the City will have to grant a lot size variance of 4,335 square feet (5,665 sq. ft. in lieu of 10,000 sq. ft. required) and a lot width variance of 25 feet (35 feet in lieu of 60 feet required). The proposed home has a total width of 22.83 feet in order to comply with the required lot of record side yard setbacks of six feet. Because of the narrowness of the lot, the home has a width dimension that is less than most new garages and one which is not dimensionally or architecturally comparable to other homes in the area. Comments A variance can be granted in Mound only on the basis of a finding of hardship or practical difficulty. In this particular case, the hardship, if one exists was self imposed. The owner of Minutes - Mound Planning Commission June 9, 1997 the property bought an undersized parcel that did not meet ordinance requirements as a buildable lot but one which could easily be incorporated into the lot area of the adjacent parcel under common ownership. Under the Mound Code, variances may be granted only in the event that the following circumstances exist (Section 350:530): Ao Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of the ordinance have no control. Bo The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district since enactment of the ordinance have no control. Co That the special conditions or circumstances do not result from the actions of the applicant. That granting of the variance request will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the hardship. Fo The variance would not be materially detrimental to the purpose of this Ordinance or to property in the same zone. Staff does not feel that the subject request meets any of the identified circumstances, much less all of the circumstances stated in the code. Additionally, the proposed home is inconsistent with other homes in the area due to the undersized width of the lot and approval of the variance would be contrary to the Intent and Purpose of the Zoning Ordinance. The Mound Zoning Ordinance was adopted to promote "the orderly development of residential areas." The subject variance request does not represent orderly development. Recommendation Staff recommends that the Planning Commission recommend denial of the lot area and lot width variances requested by Willette Building Co. because the request does not comply with the circumstances identified in Section 350:530 of the Mound Zoning Code. Additionally, the request is inconsistent with the Intent and Purpose of the Zoning Code and does not represent sound land use planning and development. If the variance request is subsequently denied by the City Council, the resolution of denial should be recorded as part of Lot 9, the subject parcel. If the City Council approves the requested variance and allows construction of the proposed home, Lot 9 should be subject to the recertification of the special assessments that were levied Minutes - Mound Planning Commission June 9, 1997 on the property both before and after the tax forfeiture. The combined amount of the assessments is $5,198.30. Any resolution of approval should include a condition requiring payment of the assessments at the time of building permit issuance." Koegler stated the County is checking its vault for documentation regarding the lot combination. Weiland asked if included in the assessments, is there a park dedication fee? Koegler stated it is a lot of record and a park fee is not applicable. Hanus commented on Commissioner Mueller's memo regarding this item regarding the possibility of subdividing Lot 8 to give Lot 9 more land. Koegler stated the area there is not a suitable area to attach to make the lot conforming. Hanus stated more land could make the variance impact less. Koegler indicated not much. Chair Michael asked if the Staff had received Mr. Strong' s information that the Commission had received? Mr. Strong provided his packet of information to the Staff. It was commented that Strong owns Lots 7, 8 and 9. Mr. Strong thanked Staff for the report and stated he appreciated the Planner's comments. He then addressed the Planner's concerns. He mentioned documents that he had handed out to the Commission and Staff that referred to another similar case at 4925 Glen Elyn Road, an undersized lot behind and to the east of his Lot 9, the one in discussion. Minutes of the City Council on February 11, 1992, regarding 4925 Glen Elyn Road, that it was a parcel purchased in 1960 as a tax forfeit lot and that it was an undersized lot by approximately 5000 feet and required 10,000 square feet. He referred to the Planner's comment regarding, "Resolution 83-76 which reconveyed certain tax forfeit lands back to the State and requesting the County Board to impose conditions on the sale of said tax forfeit lands to restrict the sale to owners of adjoining lands. The resolution stipulated that the county board was requested to impose conditions on the sale of the property and that such lands should only be sold to owners of lands adjoining and that said lands should be combined for tax and land use purposes and comply with city ordinances and regulations." Strong's response was that no documentation exists to indicate that the above condition has been conveyed to the Strongs, by the City of Mound or by Hennepin County. When Lot 9 was purchased, Hennepin County did not require it to be combined with Lot 8. As noted in Resolution #92-27, the Sharps also purchased a tax forfeit parcel of land. The Planner's comment that it is presumed that Mr. Strong was aware that the lot was undersized and did not meet the lot area width requirements that were required in the Zoning Ordinance. Strong responded that the Lot 9 has existed as a separate parcel lot of record, and entitles the owner to a building permit if they can meet the setbacks. He stated he had owned the land for 14 years, there had been a home on the parcel prior to 3.2 Minutes - Mound Planning Commission June 9, 1997 his purchase. Regarding the Planner's report that for a home to be built on the property, the variance would be a lot size variance of 4,335 square feet and a lot width variance of 25 feet. Mr. Strong's response was that his variance request is for less than the approved variance for 4925 Glen Elyn Road, in Resolution #95-53, where the property there is zoned R-1, 10,000 square feet and a variance of 4,880 square feet was approved. There was also no mention of a lot width variance granted on 4925 Glen Elyn Road and that lot is 50 feet wide, the zoning code states 60 feet wide. Regarding the Planner's report on the width of the proposed house to be built, that it was 22.83 feet wide and less than most new garages now being built, and not being dimensionally or architecturally comparable to other homes in the area. Mr. Strong commented that the house proposed meets all setback requirements. Also, that there are several homes in this immediate area that are not comparable architecturally, i.e., 4945 Glen Elyn Road, where there will be a 4000 square foot home on a 5000 square foot lot; a log home two doors to the east; and a home across Glen Elyn road that was a small home and now has been basically been built around and the small home removed. Regarding the Planner's report where a variance can be granted only on a basis of finding a hardship or practical difficulty. Mr. Strong responded the hardship would be owning the lot for 14 years, paying taxes and now being denied the right to build on the property. Mr. Strong reiterated that when the lot was purchased, he knew it was small, but no mention was made that it had to be combined to Lot 8, or that it was unbuildable, and there had been a house on the lot prior to his purchase. He indicated the proposed home would be built by a reputable builder and setbacks would be met. Chair Michael asked if the Commission had comments. Hanus requested to see Resolution//83-76, it was not in the packet. He stated the Sharp's purchased their lot in 1960. Hanus addressed the comment fi.om the Assessor at Hennepin County, which was not dated, and assumed it was some time after the 1982 adoption of the zoning code. He also stated that there was no lot size requirement in 1960. The Building Official left the meeting to locate Resolution #83-76. Mark Koegler responded to Mr. Strong's comments stating his report contained public policy 13 Minutes - Mound Planning Commission June 9, 1997 objectives coming from the ordinance, and not a personal view. Chair Michael mentioned a comment from information regarding the Sharp case that it was reasonably impossible to add footage to the land on Glen Elyn. Was it possible to add land to Strong's Lot 9 from Lot 8. Mr. Strong stated his lots 7 and 8 totaled about 10,500 square feet, that could add 500 square feet to Lot 9. Chair Michael stated then their could be mitigating circumstances. Hanus stated the case was similar to the Sharp case. Chair Michael commented on checking the laws that relate to standards when purchasing tax forfeit land, and that there should be some way for the City to follow up when these lots change owners. If the City requests these lots be combined, why doesn't the County follow up. Hanus stated the reason the City wanted to release these lands was to sell to adjacent owners and then to combine the lots to their current property, thus creating larger lots. Strong stated if a tax forfeit lot is not sold to adjoining property owners, the lot goes to public auction. Hanus stated these lots do not go for sale if the City puts restrictions on the property, then it is not sold at auction. Weiland stated Strong did not just purchase the land, it had been part of his yard for 14 years, until now when he is applying for a building permit. Hanus stated the paper trails have gotten better, it does not appear that Mr. Strong had any conditions placed on property or notification of conditions. Chair Michael invited citizens to speak if they wished. Joyce Matheson, 4944 Crestview Road. She stated she was the other adjacent property owner. She does not want a house to go on Lot 9, as the lot is small and long. She does not want a high house to go in there so it overlooks into her yard. A home there would not beautify the neighborhood. Hanus stated maybe she could purchase the lot and merge it with hers. Katherine Kasprzak, 4939 Glen Elyn Road. She stated she lives on Glen Elyn Road, behind Lot 9. She stated sometimes change is good and the home at 4925 Glen Elyn was an improvement to the neighborhood. The Strongs should not divide their lots to make an undersized lot and gain a profit. She went on to say that her neighbor to the west, Brian Johnson, is so close her children cannot play there. Joyce Matheson stated they had wanted to buy part of the lot, split with Strongs. They would 14 Minutes - Mound Planning Commission June 9, 1997 have added it to their property and not build on it. Strong stated he purchased the lot because homes were going up all around his. When he moved in, the entire back area where Kasprzaks, Carrows and Sharps have homes now, was woods. Koegler responded to Ms. Kasprzak's comment regarding the creation of a new undersized lot. He stated Lot 9 is and has been an existing parcel and Strong was not dividing any property to create an undersized parcel. The Planning Secretary located Resolution #83-76. It was given to and reviewed by Council Liaison Mark Hanus for review. Chair Michael stated they may have to extend the length of the meeting, according to their work rules, normal adjournment is 11 PM. He apologized to Bruce Chamberlain, Economic Development Coordinator, regarding his program not being discussed that evening. He asked if Bruce could return to the June 23, 1997 meeting. His response was positive. Hanus had read Resolution #83-76. He asked whether the special assessments had been paid or waived? They had been waived. He stated if the property was not purchased to build, special assessments were not collected, he would encourage owner to attach to other lot. He also stated the County should enforce the issue of requiring situations like this to be attached to current lots. Chair Michael stated this was difficult, as he has known the applicant for several years. Kasprzak stated the Johnson's, to their west has variances, and if Strongs build a home on the property to the rear of them, her yard will be entombed, she would have to get several variances to build a tree house. Strong commented that his house was built 15 feet from the road and several lots in the area that are an odd shape. Chair Michael stated the biggest hurdle he has is that the land was purchased after the zoning ordinance was enacted. The City Attorney states in many cases that buyer beware, although he does suggest that reasonable use of the land be certainly called into question. He stated this was a struggle and did anyone wish to make a motion or were there more comments? MOTION by Burma, to recommend denial of the variance request. The motion was seconded by Michael for the point of discussion. He asked for further comments. Burma stated the information presented by the applicant stated a similar case, and they were similar, but they were also different. The Commission tries to not set a precedence from one 15 Minutes - Mound Planning Commission June 9, 1997 case to another. Each case should be looked at individually and decided on its own merits. He was glad he had not been involved with the previous case. He felt that making an exception, it could come back and haunt the Commission. Chair Michael asked if the Commission had any further comments. He asked Mr. Strong if he had any. Mr. Strong reiterated that when the property was purchased, he was not informed that it was to be combined, there was a house on the property at one time and the water and sewer are there. Weiland thought they may have been removed. The vote was called. MOTION by Burma, seconded by Michael to recommend denial of the variance request to construct a home at 4940 Crestview Road, Lot 9, Block 24, Shadywood Point. The vote carried unanimously, 5-0. E. CASE #96-62: VARIANCE FOR DETACHED GARAGE, SCOTT & LINDA MACK, 4657 ISLAND VIEW DRIVE, VARIANCE FOR DETACHED GARAGE, LOT 15, BLOCK 1, DEVON, PID #30-117-23 22 0086. Building Official, Jon Sutherland, passed out photos he had received from the neighbors to the west, as the neighbor was concerned about the water runoff. Sutherland reviewed his report. On October 28, 1996 the Planning Commission tabled this case requesting the applicant to provide the specific information as listed below. The applicant has submitted the requested information and the staff comments are listed after each item. He referred to the original staff report dated 10-28-96 for further reference. An updated survey including: All existing and proposed structures including decks, the joint driveway shall be delineated, existing and proposed elevations, and a drainage and grading plan. Staff Comments: The survey has been updated and now shows the lakeside deck is set back 43 feet to the lake. A 50 foot setback is required and this results in a 7 foot variance request. The deck is also encroaching onto the city easements. The encroachment can be resolved by expanding the easement to the south as required by the City Public Works Director and the City Engineer. Both the Engineer and the Public Works Director have reviewed the case, visited the site, and are comfortable with a simple 5-6 foot expansion of the easement. The applicant must prepare the easement document for review and approval by the City Engineer and Attorney, and the document must be recorded prior to Minutes - Mound Planning Commission June 9, 1997 building permit issuance. The joint driveway, existing and proposed elevations and a drainage plan are noted on the revised survey. One option discussed with the owner and contractor is to move the proposed garage to the north (about three feet away from the entry stairway), in order to save the existing clump of birch trees. This issue can be accomplished prior to the building permit issuance, and has a positive impact on drainage with the additional green space between the garage and the lake. 2. The floor elevation of the proposed garage in relation to the driveway shall be clarified. Staff Comments: The floor elevation has been clarified and could be modified slightly if the garage is moved further to the north as suggested by staff. Three feet was discussed 3. Location of off-site easements on adjacent properties shall be clarified. Staff Comments: The location of the easements has been clarified and is not affected by the proposal. (Note: the applicants proposed garage and the adjacent owners garage are about equal distances to the property line and both will have about the same difficulty with access). They will both have the same issue. IMPERVIOUS SURFACE: The proposed garage will have a minor effect and slightly increase the runoff/drainage on this and the adjacent properties. Directing stormwater around the west side is preferred due to the additional green space on this side. The corm-nons property between this site and the lake minimizes the excess of impervious surface and improves the stormwater infiltration. The impervious surface is conforming at less than 40 %. The pictures handed out show and exceptional occasion with the storm runoff, this is not a normal rainfall runoff. The catch basin could have been blocked. The catch basin could not handle a 50 year rainfall. The proposed garage is a reasonable use of the property, is fully conforming, and the site is limited by the utility easements on the lakeside. A portion of the deck, however, is located over the utility easement and this would hinder vehicle access that is needed to maintain the lift station on the southwest corner of the property. Sutherland stated this is not the perfect situation, but it is manageable. Comments from the city engineer stated the applicant should propose a drainage plan prepared by a registered land surveyor. The City Engineer and the building official could meet with the owner on site. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of the variance request to allow the existing nonconforming deck (after the fact) in 17 Minutes - Mound Planning Commission June 9, 1997 order to allow the construction of a detached garage that is conforming to the setbacks. The proposed garage will enhance the use and function of the property. The deck has a minimal encroachment and is a reasonable use of the riparian property. Approval is subject to the following conditions: 1) The encroachment of the deck into the easement be resolved by expanding the easement to the satisfaction of the City Engineer and Public Works Superintendent. 2) The building permit for the garage and deck shall not be issued until proof of the recording of the easement document has been filed with the City Clerk. 3) The survey to be submitted with the building permit is subject to the review and approval of the City Engineer and the Building Official. Staff feels the garage is a reasonable use of the property. The site is limited due to the utility easements on the lakeside. That has been an issue on other variance requests. The deck is not conforming and no permit was taken. This can be corrected, by sliding the easement down. He emphasized condition #3, to get additional and total review. Hanus stated he was concerned with expanding the easement, he would rather see moving of the easement. The expansion doesn't remove the encroachment into the easement, whereas moving it would. Also, with the expansion to the south, there is big tree where the two easements intersect. By expanding to the south, the tree is in the middle and it looks like a truck could get between the easement and the tree. The easement might have to stay in the area. Hanus commented about the fence on the west side. What had staff found? Sutherland stated he did not think the fence on the west was permitted. Staff will check. Hanus commented on the stairway by the south side of the house and there is landscaping that is going on there. There has been a tree planted in the turning radius for a truck. He also mentioned looking at the hardcover calculation, and it is in error. He calculated from the survey and came up with over 40 %. There are many other areas that should be added to the hardcover calculation. The house is 1228, not 1196 square feet. The driveway itself came up to about 1740 square feet. Also, a large area missed in the hardcover calculation is all around the house where there is rock placed over plastic, which is exposed, to about 780 +/- feet and that was on the east, west and south side. Hanus had not calculated the patio and areas on the north side. He calculated 4284 square feet and he felt it more than that, instead of 3440. The permissable amount is 4167 sq. ft. Sutherland stated the poly under the rock could be modified. Hanus commented regarding the deck on the lakeside. This deck needs to be viewed as new proposed construction. He wondered if a deck permit would have been issued that is more 18 Minutes - Mound Planning Commission June 9, 1997 than 10 feet wide and encroaching onto the easement, if a permit could be obtained. He didn't think it would have happened. He also commented that there are two decks encroaching the easement. Chair Michael commented on the required drainage plan. Sutherland stated the drainage on the neighbors property to the west and the east is going to be worse based on the proposal. Drainage could be better if the applicant could create other options. However, the site topography is difficult. The hardcover could be modified and held at 40 %, and the garage could be conforming, the drainage could be more natural to the contour. Burma stated a previous issue of the shared driveways, and with a new garage, could the property to the east have good use of the driveways. Sutherland stated the neighbor has the same distance issue and the new garage would be the same. If a conflict were to arise, it would be up to the neighbors to negotiate a solution. The new garage could be guttered and runoff could be more directional towards the catch basin. Hanus commented on the pitch of the roof of the proposed garage. Sutherland stated if the roof gable is running north and south, then half of the water would go to the east and half to the west, and it could be guttered. The area to the east is hardcover. It would be better to be guttered over green space. Runoff goes from the applicant's property to the west slightly and then wraps around a large tree. The elevations are less than the neighbor's house. Jon stated that the Commission could ask for more specific review comments by the City Engineer if they were concerned with the drainage issues. This information could either be provided by the applicant or further review by the' engineer. Burma commented on the door on the second story of the garage that did not have stairs or sky rail to the house. Sutherland stated there were no plans at this time to connect to the house, or the applicant would have provided them. Often there is storage space above, accessed by a ladder. Weiland asked if the garage could be it could, it is conforming. Weiland building permit issue. Mack stated attached to the house by way of catwalk. Sutherland stated commented on the foundation, Sutherland stated it was a he had no plans to connect the garage to the house. Chair Michael commented about the deck on the lakeside, had it been there when the house was built? Mack stated it was supposed to be arranged by the contractor. Sutherland stated there was no permit for the decks. Mack stated the lower deck was added onto the house as it was built. Hanus stated that by the drawing of the original house, in the packet, the lower deck was not drawn in at all, only the upper deck was drawn on. Minutes - Mound Planning Commission June 9. 1997 Weiland asked about what the law is when something has been built without a permit, do we make them remove it? Sutherland stated if they cannot get a building permit, it can be removed. He stated that if it does not get a building permit, it will be removed. Weiland suggested that this could be talked about at a workshop meeting. Hanus stated they were being asked to recognize the non-permitted decks to approve the garage. Sutherland stated the request for the garage raises the issue of the decks that are not conforming and do not have a permit history. A permit could be issued, or the deck removed. Part of the application is to approve the decks as they are, and that would allow an after the fact permit to be issued according to the current code. Hanus stated the intention to approve the permitting of the decks. Sutherland stated if the Council does not approve the after the fact permits, the decks would be removed. Weiland was opposed to approving the variance for the garage by including approval of the decks as part of the agreement. If this happened, the non conforming decks could then remain as is. Chair Michael stated his major concern is the drainage. But, he doesn't want to see the applicant not be able to build a garage. He would like to see some plan from the city engineer or someone to assure him that this will not flood out the neighbors. Sutherland referred to the Staff report, item #3, and that a survey is to be submitted with the building permit application subject to the review and approval of City Engineer and Building Official. If the Commission would like a revised survey prior, or, if the Commission is not satisfied, this could be requested of the applicant. The City Engineer technically rejected this survey, but said it is close. We could request the applicant to revise the survey. A drainage tile system could be dug in the applicant's property could be required, it was an option. It would have negative affects on the trees. A drain tile on the east side would have to go through concrete. Sutherland continued stating this plan is not consistent with the Shoreland Management Ordinance, as the SMO doesn't want drainage to run over drain tile, it wants the runoff to be filtered over green space. Perhaps, the solution would be to table this item until the applicant revises the survey. Hanus mentioned a small swail at the west end of the garage. With the swail, would it improve the runoff, what would that envision? 20 Minutes - Mound Planning Commission June 9, 1997 Sutherland stated the review process from the city included both properties, the neighbors need to work together to accommodate the drainage. The runoff issue in the photos is not a normal event. These two properties get the drainage from the whole neighborhood. The City could build a new costly storm sewer and assess the neighbors, or we could encourage the neighbors to work together. Mr. Smith's property could have his house foundation built up more. The area of the property is uphill and the drainage from Mr. Smith's house only goes to one side. There is no existing drainage easement that extends on both sides of the property. Sutherland referred to new housing developments, that are designed with drainage easements on both sides of the property. Mr. Smith, by virtue of topography, gets most of the water. Glister commented on the 50 year rainfall calculation. This rain fall issue could happen any time. Mark Smith, 4665 Island View Drive. He is the neighbor to the applicant and stated he had no problem with the new garage. He wanted a tangible plan regarding runoff. Engineers and specialists were not willing to put anything in writing what would happen. Maybe, the other residents in the neighborhood need to be directed to maintain their yards so there is not as much runoff and erosion that plugs the storm drain. Joyce Agnew, 4649 Island View Drive. She asked how far the garage was going to be set back, would there be a mm around? She stated the Mack's currently have a two car garage right now. Chair Michael stated when anyone in Mound wants to construct something, they should call the city and inquire as to a building permit. Jon Sutherland was requested to measure the distance of the garage from driveway. Sutherland again stated the Commission could direct the applicant to submit a revised and more complete survey for review by the engineer to address the concerns of the issue. This revised survey could show the impervious surface limited to 40%, have the revised survey clarify specifically all of the issues discussed. Also, submit the information to the abutting neighbors and give them a chance to respond. Weiland stated they had still not addressed the decks. Sutherland stated the deck is 43 feet to the lot line, the dimension of the deck is 8' on the west end, with a 12' bubble. Typically a 10' deck has been acceptable. Perhaps the deck does not need to encroach into the easement. However, it would still be an encroachment into the easement. This has been done before. Sutherland suggested meeting Mr. Hanus, Greg Skinner and himself at the site to discuss the easement. Sutherland stated that changing the easement and eliminating part of it, would require a public hearing. Hanus stated granting a permit for the deck and stairway in the easement would not get approval either as it would set a precedence. 21 Minutes - Mound Planning Commission June 9, 1997 Chair Michael asked for a motion to extend the work rules. An extension is needed to continue the meeting beyond 11 pm. Agreement was to extend until 11:15 pm MOTION by Burma, seconded by Weiland, and carried unanimously to extend the meeting until 11:15 PM. Mark Smith stated he would like it in writing and be able to understand the stormwater runoff situation. Chair Michael assured him that the drainage report that would be prepared by the city engineer would be the one that the City will follow, if it is legal, it will be approved. Hanus asked Smith if he would be willing to share the property where the swail is now? Smith commented that it is shared now. Sutherland stated changing the easement issue was subject to the review and approval of the City Engineer. The easement proposal, revised survey, revised drainage plan, accurate hardcover specifications, needs to come from the applicant then the city will review it. The engineer and attorney will comment. The applicant, Scott Mack, thought the issues were provided in October. Sutherland stated the information he provided, is not enough. The survey does not show where the water is going, there is no documented evidence on the plan where the water is going. Maybe, you could get a different surveyor. We have worked hard on this issue. The survey is still lacking much needed information. The hardcover sheet is inaccurate, it needs to be addressed and corrected. Sutherland further stated that the neighbor, Smith, could raise the grade of his property. However, that would be much to ask of the neighbor to raise his grade to accommodate you. Mr. Mack did not understand what to do for a plan. Mark Koegler, City Planner, stated he could work with a civil engineer for example to do some calculations and come up with the amount of stormwater that is coming through there now, the amount that is coming off of the new roof, depending which way k is directed. That plan could contain existing and proposed spot elevations and contours that would show the drainage pattern and where it is going. John Cameron, City Engineer, may want to look at some of their computations as to how much water is coming through there. That is the only way they can assess how much is going into Mr. Smith's property and how much will go on your property. 22 Minutes - Mound Planning Commission June 9, 1997 Chair Michael made the following motion to approve the variance request pending the satisfactory completion by the applicant of the following conditions: 2. 3. 4. 5. The revised survey and a revised drainage plan that would be submitted to the City Engineer for review and comments. There would be an impervious surface limit to 40% The deck would be modified to 10' where it did not meet the 50' setback from the easement. Slightly modify the easement The fence is not permitted to be in the easement, it needs to be reviewed. Chair Michael moved, seconded by Glister. Hanus questioned the motion as to it was to table the item until the issues are dealt with, or the motion to approve subject to those conditions being corrected? Michael would like motion be approve subject to the conditions. If the repons come to the Building Official and Engineer and they approve them, it is fine with Michael. Weiland, asked if the conditions were not met, it would come back to the Planning Commission? Koegler stated yes. Burma asked if they approve the request, are they revising the deck, to the 10'. Hanus stated yes, but it still encroaches. The vote was called, the vote carried 5-0. This goes to the Council on June 24, 1997. Sutherland said if the information gets to staff in time, and approved by staff, copies will go to the neighbors also. MOTION by Burma, seconded by Glister and carried by all to adjourn. The vote was unanimous. Meeting adjourned at 11:15 pm Chair Attest 23 MINUTES - MOUND CITY COUNCIL - JUNE 24, 1997 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 24, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Building Official Jon Sutherland, Koegler, and City Clerk Fran Clark. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a CouncihT~ember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF ALLEGIANCE. PAGE APPROVE AGENDA. At this time items can be added to the Agenda th, at are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. PRESENTATION OF CERTIFICATE OF RECOGNITION TO MOUND WESTONKA GIRLS SOFTBALL TEAM. (THIS SHOULD BE DONE WHEN TEAM ARRIVES AT ABOUT 8:30 P.M.) CONSENT AGENDA: *A. APPROVE THE MINUTES OF THE JUNE 10, 1997 REGULAR MEETING. *B. APPROVE THE MINUTES OF THE JUNE 17, 1997 COMMITTEE OF THE WHOLE MEETING. *C. CASE 97-21: VARIANCE FOR DECK, JlM& SUE O'HEARN, 1786 SHOREWOOD LANE, LOT 7 & 8 P/8, BLOCK 3, SHADYWOOD POINT, PID//13-117-24 11 0005. *D. CASE 97-22: VARIANCE FOR SHED, DOUGLAS EASTHOUSE, 3042 ISLAND VIEW DRIVE, LOTS 50-51, PHELPS ISLAND PARK 1sr DIV., PID//19-117-23 34 0075. CASE 97-23: VARIANCE FOR DECK, KENNETH & CAROL GRABOW, 1732 CANARY LANE, LOT 10, 11, 12, BLOCK 11, DREAMWOOD, PID//13-117-24 24 0015. *F. PAYMENT OF BILLS. 5. FRONT YARD VARIANCE REQUEST AND RESOLUTION MODIFICATION, CALIBER BUILDERS, FRED JOItNSON, 5100 DRUMMOND ROAD, TEAL POINTS, LOT 3, BLOCK .j./ll~,: 1, PID #25-11%24 12 0233. 6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. 7. RECOMMENDATION FROM PARK AND OPEN SPACE COMMISSION RE: REQUEST TO SELL CONCESSIONS AT MOUND BAY PARK DEPOT, WESTONKA HELPING YOUTII (WHY). . ,,,~? 8. DISCUSSION: PROPOSED ORDINANCE AMENDING SECTION 235:27, SUBD. 1 OF THE CITY CODE RELATlNG TO RECREATIONAL FIRES.