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1998-02-10AGENDA MOUND CITY COUNCIL TUF3DAY, FEBRUARY 10, 1998, 7:30 PM MOUND CITY COUNCIL CHAMBERS *_C~gg_rg..~g~: 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 normal sequence. 1. OPEN MF, ETING- PI,EDGE OF ALLEGIANCE. PAGE APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consem Agenda and voted upon after the Consent Agenda has been approved. 3. *CONSENT AGENDA *A. APPROVE THE MINUTES OF THE JANUARY 27, 1998, REGULAR MEETING .................................. 237-242 *B. APPOINTMENT OF ASSISTANT WEED INSPECTOR ............. 243-244 *C. RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE VFW POST//5113 - MOUND ................. 245-247 *D. BID AWARD: 1998 ONE TON DUMP W/PLOW AND SANDER ...... 248 *E. CASE g98-02: STEVE & PAM JOHNSON, 6041 RIDGEWOOD ROAD, LOT 21, BLOCK 6, THE HIGHLANDS, PID//23-117-24 34 0002. VARIANCE REQUEST: ADDITION TO HOME ........... 249-256 (PLANNING COMMISSION WILL HEAR THIS MATTER MONDAY, FEBRUARY 9. MATERIALS WILL BE HANDED OUT TUESDAY EVENING). *F. RESOLUTION EXTENDING MORATORIUM REGARDING THE REGULATING OF TRANSMISSION AND RECEPTION FACILITIF_S OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES ...... 257 *G. LICENSE RENEWALS - GARBAGE HAULERS ..................... 258 234 *FI. PAYMENT OF BILLS .................................. PETITION TO REMOVE STREET LIGHT AT THE INTERSECTION CAMBRIDGE LANE AND BEDFORD ROAD ....................... PRESENTATION OF 1997 ANNUAL REPORTS: JIM FACKLER, PARKS DIRECTOR ......................... - GREG SKINNER, PUBLIC WORKS SUPERINTENDENT ............ ° STEVE ERICKSON, FORMER FIRE CHIEF .................... - FRAN CLARK, CITY CLERK ............................. 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. 6. PROPOSED CIGARETTE ORDINANCE ........................... e APPROVAL OF ROANOKE LANE MUL~LE DOCK SLIP & APPROVAL OF DEVON LANE MULTIPLE DOCK SLIP .............. 8. INFORMATION/MISCELLANEOUS: 259-276 277-286 287-310 311-319 320-325 326-340 341-350 351-373 Co ao Department Head monthly reports for January 1998 ................. 374-392 Notice from the Minnehaha Creek Watershed District (MCWD) regarding the rescheduling of a Rule B Task Force Meeting. The meeting was rescheduled to Tuesday, February 10, 1998, 2:30-4:00 p.m. at the Minnetonka Community Center ............... 393-394 Letter from Triax Cablevision regarding rate increases for Basic and Tier Services ...................................... 395-396 Notice from the City of Minnetrista regarding an open house for Charlotte Erickson who is retiring as the City Administrator-Clerk after 22 years with the City and 16 of those years as the Administrator-Clerk. The open house is scheduled for Sunday, March 8, 1998, 1-4 p.m., at Minnetrista City Hall .............................. 397 LMCD Executive Director Greg Nybeck publishes an occasional newsletter about LMCD activities. Enclosed is a copy of the recent newsletter 398-399 LMCD mailing regarding an application to the Legislative Commission on Minnesota Resources (LMCD) for funds for added or improved car trailer parking facilities on Lake Minnetonka ....... 400-439 Senator Gen Olson invited Dr. Para Myers, Superintendent of Schools and myself to testify before the Senate K-12 Education Budget Division Committee at the State Capitol on Wednesday, February 4. The purpose of the hearing was to present a bill, a copy of which is enclosed, amending Minnesota Statutes 471.19 relating to restrictions placed upon school districts to issue bonds for facilities not totally dedicated to education curriculum. As you know, we discussed this "quirk" during our study sessions with 235 the School Board. Bond counsels for both the School District and the City had indicated that this section of Minnesota Statutes does not allow the School District to sell bonds for the renovation of the community center as it is presently written. Senator Olson introduced an amendment which passed this committee and now will be incorporated into the Omnibus Tax Bill. It was an interesting experience to testify before a Senate committee as this is something Pam and I had not done before. In addition, Senator Olson invited us to stay to attend the State of the State address given by Governor Ame Carlson. We were guests of her and Representative Steve Smith. It was a speech where Carlson reviewed his tenure as Governor and the accomplishments the State has made under his leadership. Also, he asked the Legislature to adopt his agenda for this session, which, surprisingly, did not include anything about the stadium. Pam and I also had the opportunity to meet Mayor Norm Coleman, St. Paul; Kathleen Blatz, Chief Justice of the Supreme Court and other legislators in attendance ................................. 440 Committee of the Whole meeting is scheduled for Tuesday, February 17, 1998, 7:30 p.m., Mound City Hall. The only item on the agenda is a discussion with the Westonka School Board regarding the joint powers agreement on the Westonka Community Center. I will forward a draft of the proposed agreement to you once it has passed legal review by the School District's attorney. REMINDER: City Council photograph is confirmed for Tuesday, February 24, 1998, 6:30 p.m., Mound City Hall. HRA Meeting, Tuesday, February 10, 1998, 7 p.m., Mound City Hall. 236 MINUTES- MOUND CITY COUNCIL - JANUARY 27, 1998 MINUTES - MOUND CITY COUNCIL - JANUARY 27, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 27, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Andrea Ahrens, Councilmembers Mark Hanus, and Leah Weycker. Absent and excused were: Mayor Bob Polston and Councilmember Liz Jensen. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, Secretary/Receptionist Jodi Rahn, and City Clerk Fran Clark and the following interested citizens: Jesse Husby, Joel Husby, Kevin Seymour, Billy Fuchs, Tmvis Flynn, Tom Flynn, Dan Thurlo, Mark Thurlo, Eric Dueholm, Kent Parker, Mary Moon, Bill Jacobwith, Chris Valerius, Leisel Cox, and Frank Weiland. The Acting Mayor opened the meeting and welcomed the people in attendance which included Scout Pack 569. The Pledge of Allegiance was recited. 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. Councilmember Hanus noted that Case//98-03 had been tabled at the Planning Commission Meeting last night and should be removed from this agenda. *CONSENT AGENDA MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE JANUARY 13, 1998, REGULAR MEETING. MOTION Hanus, Weycker, unanimously. *1.1 APPROVE THE MINUTF~q OF THE JANUARY 20, 1998, COMMITTEE OF THE WHOLE MEETING. MOTION Hanus, Weycker, unanimously. '1.2 MINUTES - MOUND CITY COUNCIL - JANUARY 27, 1998 RESOLUTION APPROVING A PREMISF$ PERMIT RENEWAL APPLICATION FOR THE AMERIC~ LEGION POST #395 - MOUND_. RESOLUTION g98-14 RESOLUTION APPROVING A PREM[qES PERMIT RENEWAL APPLICATION FOR THE AMERIC~ LEGION POST #398 - MOUND Hanus, Weycker, unanimously. *1.3 SET PUBLIC HEARING FOR 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (SUGGESTED DATE: FEBRUARY 24, 1998). MOTION Hanus, Weycker, unanimously. '1.4 APPROVAL OF BASS TOURNAME~ WEIGH-IN AT MOUND FOR JUNE 6, 1998, MINNETONKA BASS CLUR. MOTION Hanus, Weycker, unanimously. BAY PARK '1.5 PAYME~ OF BILLS. MOTION Hanus, Weycker, unanimously. 1.6 RECONSIDERATION OF RF-q0LUTION REGARDING DF-qlGNATION OF HENNEPIN COUNTY AS LOCAL BOARD OF REVIEW. The City Clerk explained that at the last meeting the City Council passed a motion to try this for one year. After the meeting, the City Attorney advised that the new legislation requires that we do this for three years. The City Manager then notified the City Council of this. That is why it is on the agenda again. She further advised that Councilmember Hanus suggested the following be added to the proposed resolution of approval: 2 MINUTES- MOUND CITY COUNCIL - JANUARY 27, 1998 BE IT FURTHER RESOLVED, that Hennepin County Assessing staff will conduct public meetings in the City of Mound, with property owners interested in meeting with staff regarding individual values. Taxpayers still have the option to appeal their market value to the Hennepin County Board of Equalization, if they so choose. BE IT FURTHER RFAqOLVED, that Hennepin County Assessing Staff will compile the results of the local meeting to include a list of property owners present, and data resulting from the local meeting. BE IT FURTHER RFSOLVED, that Hennepin County Assessing Staff will continue to compile similar data, i.e. sales and market information and other pertinent data as previously provided to the City of Mound. The Council agreed to the revised resolution as proposed. RESOLUTION//98-15 RESOLUTION TRANSFERRING THE FUNCTION OF LOCAL BOARD OF REVIEW FROM THE MOUND CITY COUNCIL TO HENNEPIN COUNTY Hanus, Weycker, unanimously. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.7 CONSIDERATION OF AN APPLICATION FOR AN OPERATIONS PERMIT, CARIBOU COFFEE, TO BE LOCATED IN A PORTION OF THE BALBOA BUII.DING CURRENTLY OCCUPIED BY TORO COMPANY, 5330 SHORELINE DRIVE. City Planner, Loren Gordon, reviewed the application for an Operations Permit for Caribou Coffee to move their roasting and distribution operations into the Balboa Building. They are looking to occupy a portion of the space that Toro operations now occupies. Caribou Coffee is now located in the north area of downtown Minneapolis. Currently their plans include using approximately 40,000 square feet of the space as follows: 24,000 square feet for warehousing; 14,500 square feet for the roasting process; and 1,500 square feet for office space. The company is anticipating using 30 people in their operations in Mound. It would be a one shift basis 8:00 A.M. to 5:00 P.M., Monday through Friday. They are hoping their operation will grow over the next few years and would like to maintain that level of production, but may MINUTES - MOUND CITY COUNCIL - JANU. dRY 27, 1998 need to change it if there is a need. Staff has taken a tour of the facility in Minneapolis. looked at and evaluated were as follows: 1. Gordon reported that some of the issues What types of truck traffic would come and go from the facility. Currently there is about 1 trip per day of semi tractor type of truck with coffee beans or other types of product that would come into the facility. Then they have 3-6 smaller delivery vans that would deliver product from the facility to local retail outlets. They are expecting that this would remain the same level at this time. One of the larger issues with their operation would be the coffee roasting. Staff looked at what type of impacts could result on the neighboring residential properties because of the smell from roasting coffee process. A clear impact or if there will be one, is not discernable at this point. All EPA requirements will be met. Staff recommends approval of the Operations Permit for Caribou Coffee. The Council asked how many docks were be involved in the operation? Kent Parker, V.P. of Operations for Caribou, stated he thinks 3 docks will be used. The council also discussed the effluent which is in the form of clear steam as the moisture is roasted out of the coffee beans. Mr. Parker stated all their environment control systems meet all EPA and OSHA requirements. The Council asked if the proposed resolution limits the company to one shift. The City Attorney stated that it did not. The Council decided to delete the third Whereas in the resolution. The Council agreed. RESOLUTION//98-16 RESOLUTION TO APPROVE AN OPERATIONS PERMIT FOR CARIBOU COFFEE LOCATED AT 5330 SHORELINE DRIVE (BALBOA BUH~G) Ahrens, Weycker, unanimously. MARY MOON, 5280 Lynwood Blvd., asked what kind of semi truck traffic would be generated by a second shift in the early hours of morning or late at night hours? The Council explained that a second shift is not being proposed at this time so that is unknown. The applicant stated that dock times would be between 8:00 A.M. and 6:00 P.M. for the one shift. 4 MINUTES - MOUND CITY COUNCIL - JANUARY 27, 1998 1.8 APPROVAL OF CONSTRUCTION PLANS FOR THE LOST LAKE IMPROVEMENT PROJECT (DREDGING OF LOST LAKE CANAL) FOR SUBMISSION TO MNDOT John Cameron, City Engineer, highlighted the proposed construction plans for the Lost lake Canal Dredge which is scheduled to be started this Summer. As part of the process the Council needs to approve the plans so that they can be submitted to the State who administers the program on behalf of the Federal Government. This is the ISTEA Grant that the City received for the dredge. These plans were reviewed by the City Council at the last Committee of the Whole Meeting. A pre-submittal meeting is setup for Thursday morning with MNDOT. He explained that State Aid is the division that handles the review and approval of the plans. The target date is July 1st. MOTION made by Hanus, seconded by Weycker to approve the construction plans, as submitted, for the Lost Lake Improvement Project (dredging of Lost Lake Canal) for submi~ion to MNDOT. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: Preliminary Financial Report for the year ended December 31, 1997, as prepared by Gino Businaro, Finance Director. B. Park and Open Space Commission Minutes of January 8, 1998. Co Summary of Policy Priorities developed by the Association of Metropolitan Municipalities (AMM) as the 1998 Legislative Session begins. De Invitation from LMCD re: Annual "Save the Lake" Recognition Banquet to be held Thursday, February 12, 1998 at Lord Fletcher's. Please let Fran know if you are interested in attending. REMINDER: You are invited to attend the Planning Commission Meeting on Monday, January 26, 1998, 7:30 p.m., City Hall to hear Bruce Nordquist, City of Richfield speak on the scattered site acquisition program in effect in the City of Richfield. The City Manager explained that the Planning Commission is planning on putting together a small sub-committee to pursue this further. I have been in contact with Dr. Pam Myers, Supt. of Schools regarding the next meeting of the School Board and City Council pertaining to the joint powers agreement on the Westonka Community Center. I suggested the dates we discussed at the last City 5 MINUTES- MOUND CITY COUNCIL - JANUARY 27, 1998 Council meeting, January 29 or February 3. Neither of those work for the School Board. She will be back in touch with me to let me know the School Board's availability. You can erase January 29 or February 3 from your calendars and as soon as I know alternative dates, I can let you know. The City Manager reported that we do have a draft of the Joint Powers Agreement that was prepared by the City Attorney's office and is ready to be reviewed by both the City and School District. The School District can meet on February 10th or 12th or the following week at the Committee of the Whole Meeting, February 17th. The Council decided they would like the meeting scheduled for the February 17th, Committee of the Whole Meeting. The draft will be sent to the Council before that meeting. Information from Mayor Bob Polston on discussions that have been taking place at the Task Force meetings of the MCWD re: Rule B. Please review and comment to BOb regarding the contents of this summary. Information from Caribou Coffee as to who they are, what they do and how they do it. As you know, Caribou is interested in moving their manufacturing operations into the former Toro space at the Balboa Building. Several city councilmembers and EDC members took a tour of the Caribou facility in Minneapolis and were quite impressed with what they saw and are enthusiastic about the possibility of Caribou moving to Mound. COUNCIL PHOTO The City Manager stated that the Council photo will be taken here at City Hall on Tuesday, February 24th at 6:30 P.M. MOTION made by Weycker, seconded by Hanus to adjourn at 8:05 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk 6 February 1 O, 1998 RESOLUTION NO. 98- RESOLUTION TO APPOINT JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 1998 BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby appoint Park Director, Jim Fackler, as the Assistant Weed Inspector for the City of Mound in 1998. January 30, 1998 NOTICE OF APPOINTMENT OF WEED INSPECTOR Enclosed is a form for the appointment of a weed inspector in your municipality. It is required that the enclosed form be filled out and returned to the County Agricultural Inspector. Please do this as soon as possible. We would like all appointments in by March 16, 1998. t pector Enclosure Department of Public Works 417 North Fifth Street Minneapolis, Minnesota 55401-1397 (612) 348-6509 FAX:(612) 348-8532 Environmental Info Line:(612) 348-6500 Re~cled Patx. February I0, 1998 RESOL~ON NO. 98- RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR ~ VFW POST//5113 - MOUND BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves a Premises Permit Renewal Application for VFW Post g5113, 2544/Commerce Blvd., Mound, MN. 55364. Central STATE OF MZNNESOTA GAH~LING CONTROL BOARD PREMISES PERMIT RENEWAL APPLICATZON LG214PPR PRINTED: LICENSE NUMBER: A-00469-003 EFFECTIVE DATE: 05/01/96 EXPIRATION DATE: 04/30/98 NAME OF ORGANIZATION: VFW Post 5113 Mound GAMBLING PREMISES INFORMATION IFOR BOARD USE ONLY[ IDATE NAME OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED VFW Post 5113 2544 Commerce Blvd Mound 55364 COUNTY Hennepin IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: Yes IF NO, LIST THE LESSOR: NAME OF PROPERTY OWNER (WHEN NOT LESSOR): SQUARE FEET PER MONTH: SQUARE FEET PER OCCASION: AMOUNT PAID FOR RENT PER MONTH: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: Yes IF YES, REFER TO INSTRUCTIONS FOR REQUIRED ATTAC}D4ENT 2544 Commerce Blvd Mound MN 55364 STORAGE ADDRESS Marquette 2220 Commerce Blvd Mound MN 55364 BANK INFORMATION GAMBLING BANK ACCOUNT NUMBER: 24315 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS AND TITLE OF AT LEAST TWO PERSONS AUTHORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. THE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST ACKNOWLEDGT~/qT GAHBLING PREMISES AUTHORIZATION I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, THE GAMBLING CONTROL BOARD, OR AGENTS E BOJa~RD, OR THE COMMISSIONER OF REVENUE OR PUBLIC S/LFET"I, OR AGENTS OF THE COMMISSIONERS, ~ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; · I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; · I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMJ~TION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. SIGNATURE OF CHIEF EXECUTIVE OFFICER DATE GOVERNMENT ACKNOWLEDGMENT THE CITY* MUST SIGN THIS APPLICATI°N IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. ~ 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBliNG PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY** IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. 4. THE LOCAL UNIT OF GOVER1TMENT (CITY OR COUNTY) MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. 5. A COPY OF THE LOCAL I/NIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. 6. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. TOWNSHIP: BY SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS /%PPLYING FOR A PREMISES PERMIT WITHIN TOWNSHIP LIMITS. ORCOUNTY** TOWNSHIP** CITY OR COUNTY NAME TOWNSHIP NAME SIGNATURE OF PERSON RECEIVING APPLICATION SIGNATURE OF PERSON RECEIVING APPLICATION DATE RECEIVED I TITLE DATE RECEIVED REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S ROSEVILLE, MN 55113 BID TABULATION 1 TON DUMP TRUCK WITH SANDER & V-PLOW DATE FEBRUARY 5, 1998 NAME & ADDRESS BID BID TOTAL DEL. BOND DATE RYAN FORD 8' BOX CK 37,514.76 RYAN FORD ALTERNATE BID 9' BOX CK 44,731.40 SUBURBAN CHEVROLET NO 37,435.00 SUPERIOR FORD YES 38,987.00 STAR WEST CK 36,191.00 THURK BROS. 8' BOX CK 35,713.00 9' BOX 35,981.00 CITY OF MOUND MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum To,' From: Date: Subject: MAYOR & CITY COUNCIL GREG SKINNER /~f February 9, 1998 BID RECOMMENDATION After review of the bids received for the 1 Ton Dump Truck with Sander and Plow, I am recommending the bid be awarded to Thurk Bros. in the amount of $35,981.00 for the truck with the 9 foot box. printed on recycled paper January 30, 1998 Edward J. Shukle, Jr. City Manager 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Shukle: We have requested a variance for our property in order to do an addition to our home. This request is scheduled to go before the Planning Commission on February 9, 1998. Because we are expecting our first child in April, we are anxious to begin our addition as soon as possible. After speaking with the City Planner and Building Inspector, they do not feel that our request for variance will be a problem and advised us to contact you in order to expedite the process. Therefore, we are asking for your assistance in putting our request for variance on the February 10, 1998 City Council agenda. Thank you for your consideration. Steve and Pam Johnson 6041 Ridgewood Road Mound, MN 55364 (612) 472-5367 PLANNING REPORT Hoisington Koegler Group Inc. l lll TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: February 9, 1998 SUBJECT: Second story addition OWNER: Steven and Para Johnson - 6041 Ridgewood Road CASE NUMBER: 98-02 HKG FILE NUMBER: 98-5c LOCATION: 6041 Ridgewood Road EXISTING ZONING: Residential District R-1 COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is requesting the garage setback be recognize in order to build a second story addition to the house. The variance request information is listed below. Existing/Proposed Required Variance Garage 12' 20' 8' The existing home is a 1Va story dwelling with a detached two-stall garage in the front yard. The home meets all applicable setback requirements. Also on the lot is a 6 feet be 10 feet wood shed located between the home and lakeshore. The shed encroaches 0.19 feet onto the adjacent parcel. Hardcover is under the 40 percent requirement for lots of record currently and would remain unchanged with the building addition. The proposed building plans are to add a large master bedroom and bath with a lakeside porch to the second story. The existing bedroom on the second floor would be modified as well. The exterior would match the existing vinyl lap siding. COMMENTS: A variance can be granted in Mound only on the basis of a finding of hardship or practical difficulty. Under the Mound Code, variances may be granted only in the event that the following circumstances exist (Section 350:530): A. 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 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 Johnson Variance Request February 9, 1998 enactment of the ordinance have no control. Bo The literal interpretation of the provisions of this Ordinance would deprive the applicant of fights commonly enjoyed by other properties in the same district under the terms of this Ordinance. 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. F. The variance would not be materially detrimental to the purpose of this Ordinance or to property in the same zone. There are two nonconforming structures on the property that should be addressed as a part of the variance request. The existing garage is setback 12 feet from the property line. In addition, there is 12 feet of driveway within the right-of-way giving 24 feet of driveway that is used for parking. This appears to be adequate space for parking two vehicles in front of the garage without protruding into the street. The second nonconforming structure is the wood shed. This shed also encroaches into the adjacent property. Past policy on encroachment issues has been to attempt to resolve it as a part of the variance process. This is also true of sheds and other accessory buildings located lakeside, although there have been a few exceptions where variances have been granted. In these cases additional buffering was required to promote the natural lakeshore environment the shoreland ordinance seeks to create. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approval of the variance request as stated with the following condition. 1. The existing wood shed be removed. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612) 338-6838 VARIANCEciTY oFAPPLICATIONMouND PAID ~ z~,~.3 5341 Maywood Road, Mound, MN 55364 JAN 6 :t9gtl. ~ ;~{ Phone: 472-0600, Fax: 472-0620 $100.00 (FOR OFFICE USE ONLY) Planning Commission Date: ~ Case No. City Council Date: Distribution: /- ~- ~ City Planner /~F ~ DNR /- ¢- ~ City Engineer Other /--¢- ~. Public Works SUBJECT Address ~/ ~}~o~lxhe~ ~ PROPERTY Lot LEGAL Block su ,v,s,o ZONING DISTRICT ~R-~ R-lA R-2 R-3 B-1 B-2 B-3 PROPERTY N~me ~CO~ ~& P~m OWNER Address OO~/ R;~~ ~ ~o~J. ~ -- Phone (H)~7~-~3~ (W) 573- ~7~ (M) APPLICANT Name (IF OTHER Address THAN Phone (H) (W) (M) OWNER) Has an application ever been made tor zoning, variance, conditional use permit, or other zoning procedure for this prol~erty? ( ) yes,'~t~ no. If yes, list date(s) of application, action taken, resolution number{s) and pro¥ide copies of resblutions. t' Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): 'Variance Application, P. 2 o Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No'~. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, Iot'area, etc.): SETBACKS: REQUIRED REQUESTED VARIANCE ~ (or existing) NSEW) ~ ft. ~EW) NSEW) Street Frontage: /~ ft. ~ ft. ft. Lot Size: ~sq ft ~.~ sq ft ~ sq ft Hardcover: ~ ]~ sq ft ~~%q ft ~ sq ft Front Yard: Side Yard: Side Yard: Rear Yard: Lakeside: : ft. ,'/ ft. - ft. ft. (o ft. ft. ft. ft. .~/(9_-/- ft. -- ft. ft. ft. ft. 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: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) too small ( ) too shallow Please describe: 3c,,'~L',.,, O ( ) topography ( ) drainage ( ) shape ( ) soil ' existing situation other: specify Variance Application, P. 3 o Was the hardship described above created by the action of anyone ~aving property interests in the land after the zoning ordinance was adopted (1982)7 Yes { ), No ~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~I~. If yes, explain: o affected? 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 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official j~f the City of Mound for the purpose of inspecting, or of posting, maintaining and removing su/ch not~,e~ as may be required by law. ?/ Owner s Signa~ ~~ Date CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: OWNER'S NAME: LOT AREA SQ. FT. X 30% ,_(~j ~)~ SQ. FT. X 40% LOT AREA LOT AREA SQ. FT. X 15% = (for all lots) .............. ] ] I I = (for Lots of Record*) ....... ~~[ = (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. HOUSE LENGTH WIDTH SQ FT ~,'/ x ~. ~/ = !o~o. 7 X = DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under ere not counted as hardcover OTHER DOt 0~. TOTAL HOUSE ......................... [ OC/O. '7 G x Io = TOTAL DETACHED BLDGS ................. ~3o~, q x = TOTAL DRIVEWAY, ETC .................. qO~,. q TOTAL DECK .......................... I1,~ x ~o = 115' TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE  VER PREPARED BY (indicate difference) ............................... I 10'/?, 5 I /~, 5 DATE N FO $¢/1£~': .,,'., SURVEY FOR: DESCRIPT ION: BILL THOMFORD Lot 21, Block 6, "The Highlands." RECEIVED .IA, Ii - 6 1998 We hereby certify that this is a true and correct representation of a survey of the boundaries of the land above described and of the location of all buildinig if any, thereon, and all visible encroachments, if any, from or on said land. Dated this 20th day of April, 1987. E G A N, F I E L D & N O W A K, I N C. Surveyors CITY OF MOUND - ZONIN( LOT OF RECORD? ,~'~ I NO YARD I DIRECTION I INFORMATION SHEET ZONING DISTRICT, LOT SIZE/WIDTH: ~1 zo,o~,o/6o) B1 ?,soo/o R1A 6,000/40 B2 20,000/80 R2 6,000/40 B3 10,000/60 R2 14,000/80 R3 SEE O1~). ZZ 30,000/100 REQUIRED EXISTING/PROPOSED & VARIANCE HOUSE ......... FRONT N S E W FRONT N S E W SIDE SIDE PEAR LAKE TOP OF BLUFF GARAGE, SHED ..... N S E W N S E W N S E W N S E W DETACHED BUILDINGS 10' OR 30' 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 TOP OF BLUFF HARDCOVER CONFORMING? YES /~_~ N S E w 4' Oi~D 4' 10' OR 30' ,o,,D .3 ' ' Ia'r: 't<L. ID^TEt': !-/,::2- ~ This Zoning Information Sheet only summarizes a portion of ~he requirements outlincd in thc City of Mound Zoning Ordinance. For further information, con',ct ~e City of Mound Plannin~ Department at 472-0600. CITY OF MOUND / ORDINANCE NO. ~ AN ORDINANCE EXTENDING-THE MORATORIUM PERIOD FOR TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL XVIRELESS TELECOMMUNICATION SERVICES The City of Mound does ordain: Section 1. Background. Section 5 of Ordinance No. __, entitled "An Interim Ordinance Regulating Transmission and Reception Facilities of Commercial Wireless Telecommunications Services; Establishing an Moratorium; and Directing a Study Be Conducted Thereon," is amended to read as follows: Sec. 5. Duration. This ordinance shall remain in effect for cm,,, cf :~tg eff¢ct:.vc d~de until March 31, 1998 or until such earlier time as said ordinance shall be revoked or otherwise amended. Sec. 2. The extension of the moratorium period until March 31, 1998 is necessary to complete the study directed under section 3.01 of Ordinance No. , and to allow adequate time for adoption of any necessary amendments to the City's code of ordinances. Effective Date. This ordinance shall take effect the day after the date of its __ day of , 1998. Sec. 3. publication. Adopted by the City Council of the City of Mound this DJG138020 MU200-69 RESOLUTION NO. 98- RESOLUTION EXTENDING INTERIM ORDINANCE g91-1997 TO MARCH 31, 1998 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby extend Interim Ordinance g91-1997 entitled, 'AN INTERIM ORDINANCE REGULATING TRANSMISSION AND RECEPTION OF COMMERCIAL WIRELESS COMMUNICATION SERVICES; ESTABLISHING A MORATORIUM AND DIRECTING A STUDY BE CONDUCTED THEREONu until March 31, 1998. CITY OF MOUND 5341 MAYVVOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 3, 1998 TO: FROM: SUBEJCT: MAYOR & CITY COUNCIL FRAN CLARK, CITY CLERK LICENSE RENEWALS The following licenses are up for renewal. The license period is March 1, 1998 through February 28, 1999. Approval is contingent upon all required forms, insurance, etc. being submitted. Best Disposal Blackowiak & Son Randy's Sanitation Westonka Sanitation BFI of Minnesota (formerly Woodlake Sanitation) printed on recycled paper BILLS February 10, 1998 Batch 7127 $ 40,443.76 Batch 8013 222,059.84 Batch 8014 86,854.49 Total Bills $349.358.09 0 z ! o 0 u.J ',..) 0 ! ZZ , ,..,.., § L I ~Z ,< :::> ~? E?. :) e e · Z w o wi : LARRY HEITZ 1-612-498-8005 From: JACK DOHERTY NITROTECH (602) 893-1666 (602) 592-0024 218/98 8:31:08 Pac~e 2 of 2 February 7, 1998 Re: Street light at the comer of Cambridge Lane & Bedford To Whom it may concern: My name is Pauline Doherty, I currently live in Phoenix, AZ and I am the daughter of Eileen Heitz, who resides at 2850 Cambridge Lane, Mound, MN. I am writing concerning the street light that is situated at the comer of Cambridge & Bedford. My mother is quite concerned, as I am, about the petition that has been distributed around the neighborhood for signatures to remove that street light. Having grown up in that home, I am well aware of the neighborhood and how dark that comer was prior to the installation of the light. I recently returned t?om a visit to my mother's and I personally can't understand the need for the light to be removed. I know that the light is closer to my mother's house than any other on that comer, and in fact, while I was staying there, 1 slept in her front living room that is on that side of the house and the light in no way disturbed my sleep. Since my father's death in December of 1991, my mother has resided in that home alone. She feels a sense of security having that light on the comer, as do other single women living in that neighborhood. I work as a claims manager for an insurance company here in Phoenix, and just last week I testified for the State of Arizona in an aggravated assault charge, where the defendant had beaten a woman. This victim of violence survived, but not all are so fortunate. As I live 2000 miles from my mother and I can't attend your meeting this evening, but I would ask that you consider the safety of those living alone in that neighborhood over the few who feel this light is an inconvenience to their lives. I'm sure you all realize that crime doesn't just happen in the big cities such as Phoenix, it can happen right there in Mound, MN and we should do all we can to offer security to those that need it. Thank you for your consideration in this matter. Sincerely, Pauline Doherty I~,~RRY HEITZ 1-612-498-8005 From: JACK DOHERTY NITROTECH (602) 893-1666 (602) 592-0024 0i/~/98 10:4~ MC' ~JPPO~T T~AINING · Deputy Co~y Atto~ey Bar ID ~: 016120 $01 w Jefferson St Ste 800 2/8/98 8:30:18 Page 1 of 2 Nh. 333 PZ02 IN THE SUPERIOR COURT OF THE STATE O~ ARIZONA IN AND FO~ T~ COUNTY OF MARICOPA STATE OF ARIZONA, ) CRIMINAL SUBPOENA ) DUCES T~CUM Plain~iff, ) NO. vs. ) A~GRAVATED ASSAULT ) Defendant, )) PAULINE DOHERTY DAN WAGNON & ASSOCIATES 100 wEST CLARENDON AVENUE PHOENIX, AZ XOU ~ __~?-~BX ORDZRED ~ APP~ AT 9:00 a.m., January 30, 1998, at the Superior Court of Arizona for Maricopa County (repot: %o the Honorable Paul A. Katz, Central Court Building, 201Wsst Jefferson, 8th Floor, 9hoenix, Arizona) and ~emain there until excused by the judge conducting the p:oceedings or otherwise discharged, to give testimony on behalf of the Stat~ o~ Arizona. Requests for r~asonable acconunodation for persons with disabilities must be made to the division assigned to %he case by parties at l~ast 3 judicial days in advance of a scheduled court proceeding. IF ]~0~ FAIL TO APPEA~ AS O~--~D, A ~%RRANT ~LL ~ ZSSLf~D ~)R ~ODI~ ARR~. DATED at Phoenix, Arizona, January 22, 1998. Please call Max]¢ at -~ on Jmnuax~ 29, 1998, between B:00 p.m. to ~nfizm %rial RICHARD M. ROMLEY MARICOPA COUNTY ATTORNEY Deputy County A%~orney The u~der~igned swears (or allies) that he%she is qualifled to se==e =~s subpoena and did so by showing the o~inal =o ~d info~ing =he wi[ness of its con~en~s an~ ~y deliverin~ a copy thereO= To himkher at __a.m.%p.m. on ....... 19 , a% ..... ~izona. Person ,erring subpoena January 30, 1998 I ECEIYED TO: Ed Shukle, City Manager From: Violet Sollie, Robbie Flatten, and Wanda Martens RE: Petition to Remove Street Light - February 10, 1998 City Council Agenda Please place this letter and the attached Petition To Remove Street Light on the Mound City Council agenda for Tuesday, February 10, 1998. Because Mrs. Sollie is elderly, we request that you place this matter early on the agenda. Thank you very much for your assistance. PETITION TO REMOVE THE STREET LIGHT ON THE CORNER OF C/~MBRIDGE LANE ~ BEDFORD ROAD MOUND, MINNESOTA The undersigned petitioners respectfully request that the Mound City Council pass a resolution requesting that Northern States Power Company immediately remove the above- stated light, based on the following facts: BACKGROUND 1. On July 18, 1997, the City of Mound received a petition signed by the following persons requesting that a street light be installed at the corner of Cambridge Lane and Bedford Road: Eileen Heitz, Jeanette Maas, Wanda Martens, Marilyn Byrnes, and Robert and Genevieve Carlson. a. Violet Sollie, a property owner on said corner, was opposed to the petition but had indicated to a police officer that she would not fight the installation. She was not aware that the street light would be so intrusive. b. At the time she signed the petition, Wanda Martens stated, "I will sign the petition as long as Mrs. Sollie wants the light but I want my name removed if Mrs. Sollie is opposed to it." Ms. Marten's name was not removed from the petition. c. Robert Carlson, a signor of the petition, stated to Roberta Flatten that they are not affected by the light but that they signed the -1- petition to support the widows on the street corner. (The Carlsons live three houses away from the street corner.) d. Roberta Flatten and Tom Casey (who also live on the street corner) were never contacted by any one to sign the petition. They had no knowledge that the petition was even being circulated. 2. On August 26, 1997, the Mound City Council passed Resolution #97-81, requesting that NSP install a street light at said corner. Roberta Flatten and Tom Casey were not notified of the proposed City Council action and were not aware of the passage of the resolution until after the street light was installed. 3. On October 17, 1997, Northern States Power installed the street light, to the shock and surprise of Roberta Flatten and Tom Casey. REASONS T__OREMOVE SAID STREET LIGHT 4. NO CRIME PROBLEM. On or about October 22, 1997, Roberta Flatten contacted the City of Mound Police Department. Sergeant Truax stated to her that between January and October, 1997 there were 11 police calls in a nine square block area. Those calls consisted of barking dogs, lose dogs, a dog bite, a lost child, disturbing the peace, and winter parking violations. Sergeant Truax said in essence that you are fighting perception rather than reality. Furthermore, in the last 20+ years the undersigned -2- petitioners have lived in the neighborhood, we are aware of only one incident involving juvenile damage to property. In approximately 1980, two juveniles were caught puncturing and egging buildings along the length of Cambridge Lane, some of which was already illuminated by street lights (i.e. the existing street lights did not stop the crime). 5. NUISANCE TO RESIDENTS. There are six households that are directly affected by the light. Three of the affected households (50%) are opposed to the light, finding it intrusive and a nuisance. 6. UNNECESSARY TAXPAYER EXPENSE. If some neighbors desire additional lighting security, they have the right to install lights on their own property at their own expense, not at the expense of taxpayers. Taxpayers should not have to pay for a light that allegedly "benefits" only a fraction (50%) of the property owners. 7. SHIELDING THE LIGHT DOES NOT WORK. Northern States Power subsequently attempted to shield the street light from the glare on private property. This has not worked. 8. ORIGINAL PETITION WAS FALSE. The July 18, 1997 petition to install the light was false because Wanda Martens wanted her name removed and there is no demonstrated safety need for a street light at the corner of Cambridge Lane and Bedford Road. 9. ENERGY CONSERVATION, AESTHETICS, AND ENVIRONMENTAL PROTECTION. Removal of a street light saves electricity, allows a clearer view of the night sky, and protects -3- nocturnal animals. 10. NEIGHBORS ARE WILLING TO INFORMALLY ASSIST EACH OTHER. At a neighborhood meeting on Sunday, October 26, 1997, neighbors offered to assist in the following: a. To have monthly meetings to discuss issues that are occurring in the neighborhood; b. To install motion lights on homes to light up areas when there is movement; and c. To buy less intrusive private lights for those neighbors who are on fixed incomes. NOW, THEREFORE, the undersigned petitioners acknowledge that they have read this 4-page petition and respectfully request that the Mound City Council adopt a resolution requesting that Northern States Power Company immediately remove the street light on the corner of Cambridge Lane and Bedford Road. NAME (sign & print) ADDRESS PHONE DATE -4- Q_E~ Date: August 17, 1997 To: ChiefHarrell//~ From: Officer Ewa~) Re: Street Light In reference to the street light request for the comer of Bedford Road and Cambridge Lane, I have talked with all those who signed the petition for the installation of a street light. I have also talked with Kathy and John Nelson, who reside at 4949 Bedford Road, Mark Jenks, who resides at 4932 Bedford Road, and Kim Edwards, who resides at 4955 Bedford Road. These residents who were not on the petition stated that they believe the street light is necessary for that end of the block as it is very dark in that area. I also talked with Vi Sollie, who resides at 2855 Cambridge Lane, who stated that she didn't believe a street light would add any security to the area, but that she would not oppose it. Vi Sollie is 90 years old and lives alone. Marilyn Byrnes, Wanda Martans, Jeanette Maas and Eileen Heitz also live alone. I have been in the area several times after dark and the area of Cambridge Lane and Bedford Road is extremely dark. I would recommend that a street light be placed in the area and suggest that it be mounted on an existing power pole located on the west side of Cambridge Lane in front of 2855 Cambridge Lane. SUPPORT, PROTECTIVE SERVICES .,qenior~ AnE [.aw En[orcement 5600 Lynwood Boulevard, Mound, Minnesota 55364 · 612-491 -R084 Parks Department 1997 Annual Report PERSONNEL ROSTER The Parks Department has only one full-time employee, the Park Director. The rest of the staff is made up of seasonal employees. During the busy spring, summer, and early fall, there are as many as seven full-time seasonal employees, between eight and ten part-time seasonal recreational program leaders, twenty-one lifeguards, and one contracted cleaning service. 1997 Employees Date Hired Park Director Park Maintenance Commons Maintenance Mowing Crew Mowing Crew Dock Inspector Summer Recreation Cemetery Maintenance Janitorial Service Beach Supervisor Jim Faclder John Taffe Brad Jayko Chris Benz Steve Erickson Jr. Tom McCaffrey Jennifer Garza Phil Haugen West Metro Bldg. Mtnc. Bridget Schultz July 1, 1985 May 12, 1983 May 14, 1996 June 1, 1994 June 2, 1997 November 1, 1990 May 15, 1997 May, 1990 November 1, 1994 May 15, 1997 1997 Non-Returning Employee Mark Bigaouette, Mowing Crew. Jackie Meyer, Summer Beach and Recreation Programs. GENERAL COMMENTS During 1997 the Parks Department was involved mainly with maintaining current playground equipment and lands. In the past few years, we have seen improvements to the following parks: Pembroke, Philbrook, Langdon, Belmont, Chester, Tyrone, Seton, Three Points and Dundee. In 1997 no new play structures were installed. I have had calls requesting the City look into replacing the play structure at Avalon Park which they came to the Park & Open Space Commission with a request. Since then a new equipment has been approved in the 1998 budget. A plan has been developed by the City Planner for Veterans Park to create an open sitting area. We still are looking forward to doing this plan and other parks that are in need of alterations. They are, Highland, Edgewater, and Crescent Parks. Of these parks, Crescent and Edgewater have no equipment. Highland, like Swenson, has equipment reaching need for replacement. Not all parks require a play structure, Crescent and Doone could be left as open green space in order to keep the areas natural. Parks Department 1997 Annual Report Along with development, maintenance for the parks must be planned. Maintenance and upkeep of the parks is a major ingredient for their success. Regular mowing, leaf removal, litter pick up and periodic repairs are unavoidable aspects of these Parks and generally take up the most hours over the year. These improvements and maintenance will provide a visual commitment that the City of Mound has a dedication towards community development. Having moved into the Island Park Garage in 1989, we began to make improvements to the building by following the improvements recommended in a 1987 engineering report for remodeling and repairing the garage. In 1990 a new roof was put on, in 1991 the electrical was updated, new garage doors were added, and the exterior of the building was painted. The major repairs for 1994, 1995, 1996 were taken out of the budget due to budget restraints and were not asked for in 1998, but are still needed. The repairs needed, are: replacing of the concrete driveway in front of the building, grounds repair around the back side of the building which would include a retaining wall, and a drain system to keep water out of the building. SUMMER RECREATION PROGRAM Currently, the City of Mound is sponsoring a summer recreation program that lasts seven weeks, from mid-June through mid August. The seven week program schedule provides more recreational opportunity to youths. During 1997 a Program Supervisor oversaw a schedule of events at five parks; Belmont, Swenson, Philbrook, Highland, and Three Points, where there is a Park Leader and an assistant to carry out the daily program. The 1997 program continued its arts and crafts, games, and special events for a broad age of children, and saw smaller parks receiving visits from the recreation staff to provide an opportunity for them to get involved in the program. This program is accomplished by co-sponsoring a program with Westonka Community Services. The basic concept is a program, still offered in the neighborhood park, but utilizing the Community Services special facilities, such as the indoor pool or gym, and co-offering events or field trips. This type of approach will offer a great deal of flexibility to a wide variety of age groups. The programming will represent their special interests and allow for expansion over the years. An great attraction has been "Music in the Parks" that was organized in 1993 and will continue in 1998, and the Parks staff has also assisted in special events, including Mound City Days, and Winterfest. Parks Department 1997 Annual Report PARKS PROGRAM 1995 1996 1997 LABOR Staff Wages $ 7,389 $ 9,223 $11,661 Community Education Support Staff 2,100 2,100 2,400 EQUIPMENT & SUPPLIES (Softball, Parachutes, Games, Craft Supplies, Snacks, etc.) 707 548 1,318 MILEAGE 158 133 125 MISCELLANEOUS (Training) 229 230 150 TOTAL CITY BEACHES $10,582 $12,235 $15,654 The beaches are operated under a contract with Westonka Community Services, the costs are as follows: BEACH PROGRAM 1995 1996 1997 LABOR Lifeguard Wages $15,921 $15,540 $14,347 Community Education Support Staff 2,100 2,100 2,100 MILEAGE 183 132 --- EQUIPMENT & SUPPLIES 184 132 719 REGISTRATION TOTAL $18,387 $17,846 $17,060 These costs cover expenses incurred by Westonka Community Services in supplying lifeguards. They do not, however, reflect the cost of maintenance, weed removal, buoys, portable toilets and life saving equipment. These costs come out of the park fund. In past years we have seen this budget item under projections due to cool weather. 1997 was a warm summer, because of additional funding we were able to keep the beaches open and not cut back hours like 1996. In 1998 there has been additional monies added to allow for keeping the beaches open through Labor day. Parks Department 1997 Annual Report MUNICIPAL CEMETERY The Mound Cemetery was established in 1884 and operated under an association until 1944, when the cemetery was turned over to the City of Mound. There are three divisions, A and B are the old sections to the west and the new section C, to the east. Currently, the grounds are maintained by a seasonal employee. He supplies his own equipment and is paid for time and machinery. The Park Crew helps when requested for projects that are larger in nature than the daily upkeep. The fertilization and weed control is done though a contract with a lawn care company. At the beginning of 1993, due to the retirement of Geno Hoff, Street Superintendent, I assumed most of the responsibility for the Cemetery. This has been, in general, an easy adjustment except for burials in the oldest area, Section A. Some of the early burials did not have exact placements and one must have extreme caution when doing any work there. A 1990 a survey comparing plot fees at the Mound Cemetery with other municipal and private cemeteries was updated in 1995. A new fee schedule was adopted for 1998 as listed below: 1997 1998 Adult, resident $350 $400 Adult, nonresident $650 $800 Baby, resident $175 $175 Baby, nonresident $325 $325 Ash Burial * * * No additional charge if plot is purchased as a single grave, $50 charge if ash burial is placed on top of a casket burial. A "resident" for the plot fee is defmed as, "An individual to be interred is a current resident of the City of Mound at the time of his/her death, or at the time of purchasing his/her grave site." The operation of the cemetery is at a break even with income from the sale of plots. The current level of maintenance at the cemetery needs to be upgraded to aid in providing a more attractive setting. This could be done through irrigation, and additional planting of trees. In 1996 a large maple tree was lost in the oldest section A. In 1997 we planted four new trees but it will take many years to replace such a significant tree. Parks Department 1997 Annual Report I-IAZAPd3OUS TREE REMOVAL As of December 31, 1997, the yearly total of hazardous tree removals from City property were 73 trees removed, 1 stumps chipped, 17 trees trimmed that posed a hazard, and 8 sites had removed brush. From private property 9 trees were marked for owner removal due to hazardous conditions. Diseased and hazardous trees are removed on a complaint basis. When a complaint is received an inspection of the tree is done to determine the need of removal and the ownership. City owned trees are removed by a contractor as soon as possible, while private trees are removed in accordance with City Ordinances. Private trees not removed in the grace period allowed, are forced removed. The cost of a forced removed tree is billed to the property owner. If this bill is not paid, it is then attached to their property taxes. WEED NOTICES In 1997, approximately 25 weed notices were issued by the Community Service Officer for unkept grounds. Of these 25, all owners did comply and a contractor did not have to be hired to perform the work. The cost of mowing incurred by the City for private property would be billed to the owner. If the owner does not pay, the cost is assessed to their taxes. MUNICIPAL DOCK SITES The Municipal dock system is made up of approximately 4.5 miles of lake shore, providing 460 dock sites. The Dock Inspector works under the direction of the Park Director. His main duties are the processing of dock applications, inspections of the dock sites, notification of the discrepancies to permit holders, and an informational source for the general public and City. In 1997 the dock fund showed a balance of $213,839 on 12-31-97. This balance will allow for future improvements to the dock program where we have seen cost of dredging and shoreline repairs increase dramatically over the past years. In 1997 in working with the Dock and Commons Advisory Community (DCAC) the City's two multiple slip docks were installed at the Fairview and Amherst Lane accesses. The concept in general is to allow for current accessibility to non-abutting dock site holders while allowing for less congestion in front of homes abutting the commons. Although there are some details that need to be worked through, the multiple slip dock site is a success. Currently there are funds in the 1998 Dock Fund budget that will allow for the installation of up to three more multiple slip docks, one at Avalon park has already been approved by the users and the DCAC. Parks Department 1997 Annual Report DEPOT AND ISLAND PARK BUILDINGS The Depot building had improvements in 1997, work was done to the exterior of the building, which included new siding, soffits, fascia, windows and doors. This greatly improves the aesthetics of the building as viewed from the street and park. The interior is to be updated in 1998. Currently the facility is being used for meetings of local organizations and for rental by private individuals for parties. Response from these users has been positive. The current improvements to the Depot will reinforce the building as an asset to our City. The Island Park building is not being used and has had the water, heat and electricity turned off. Vandalism was a problem again last summer, the windows were broken which lead to boarding up rather then replacing the glass. This facility is currently being used as a storage area for Police Department supplies, and the main hall will only be opened during elections for voting. Only minimum maintenance is being performed on this building. The Park and Open Space Commission is currently looking into the possibility of different uses to see if there is a need to improve the building. CITY HALL MAINTENANCE/JANITORIAL The Parks Department is responsible for some areas concerning city hall maintenance and janitorial services. The grounds, lawn care and snow removal are seasonal, while responsibilities for heating/air conditioning are year round. All projects within the capabilities of the park staff are performed. This has been in the areas of repairs to plumbing, heating and related equipment. Major repairs or cleaning services are contracted out through the direction of the Parks Department. Currently, we have a contract service for janitorial, carpet cleaning and the heating and air conditioning systems. Other projects have been assigned to the Parks Department as instructed by the City Manager. CITY OWNED RETAINING WALLS The replacement and repairs to retaining walls on street right-of-ways continue to be a expense that does not seem to have a end. The original walls constructed of flat stone or wood timber continue to deteriorate faster than the budget will allow replacement. At this time I have a list of work to do that has a two to three year wait for replacement walls. The cost of work done in 1995, 1996 and 1997 projected costs for 1998 is as follows (note Exhibit C): 6 Parks Department 1997 Annual Report Actual Actual Est. 1996 1997 1998 Repairs 0 400 500 Replacements 8,085 9,551 10,000 Insurance 0 0 0 The walls that have received work are only a reaction to immediate problems, and generally from a complaint or hazard. All of the replacement walls have been composed of concrete block. This type of construction has been done at a comparable cost to that of wood or stone and will last much longer. In 1997 the budget for wall replacement was $10,000, as it's been in previous years, and $9951.00 was spent. Currently, there are existing walls that should have been replaced in 1997, and have been delayed to 1998 and beyond. The budget could have easily been $40,000 if all current work needed would have been addressed in 1998, this does not allow for any emergency repairs or replacements due to storm damage. PARK & OPEN SPACE COMMISSION The Park Commission is made up of nine members and a Council Representative. The Park and Open Space Commission received one new member in 1996, Bev Botko. The Commission's activities are: o o o o o o o o Some of the o o 0 o Parks/wetlands and related concerns. Cemetery. Island Park Hall and Depot buildings. Nature Conservation Areas Swimming beaches and lifeguards. Hazardous tree removal. Summer Recreation Program. Budget preparation. topics reviewed by the Park Commission in 1997 were: Distribution of funds allotted for park improvements. Inventory of City owned property for potential nature areas. Overseeing summer recreation/lifeguard programs. Outdoor skating facilities. Parks Department 1997 Annual Report DOCK AND COMMONS ADVISORY COMMISSION The City Council, on February 11, 1997 established the Dock and Common Advisory Commission. The objective of the Commission is to identify problems and frustrations that the current dock program has. They have had a very aggressive schedule of items for discussion at their meetings below is a review of some of the activities are: o Commons maintenance permits. o Commons dock fees. o Dock location map update. o Review of LMCD rules and regulations. o Establishing of possible sites for city multiple slip dock. Some of the topics reviewed by the Dock Commission in 1997 were: O O O O Public lands encroachment fees. Maintenance responsibilities of encroachment owners. Procedure manual for Public Lands Permits. Future maintenance needed on Commons shoreline. EQUIPMENT MAINTENANCE AND REPLACEMENT Preventive, daily, and unplanned maintenance of all related equipment is the responsibility of the Parks Department. Please note Equipment Inventory on the attached Exhibit A. An Equipment Replacement Schedule is maintained to allow for updating of major capital outlays, see Exhibit A. This schedule when observed, will allow the Parks Department to operate efficiently and provide safety for the general public and the park crew. The Equipment Inventory, Exhibit B, allows you to see all of the Park Department equipment, its projected service years, and replacement costs. ESTIMATED BUDGET EXPENDITURES AS OF DECEMBER 1997 YTD PERCENT GENERAL FUND BUDGET EXPENSE VARIANCE EXPENDED Parks 148,550 141,847 6,702 95.49% Summer Recreation 36,200 32,714 3,486 90.37% Cemetery Fund 8,100 8,012 87.49 98.92 % Docks Fund 68,440 42,647 25,792 62.31% 8 Parks Department 1997 Annual Report EQUIPMENT REPLACEMENT SCHEDULE EXHIBIT A 9 REC# YEAR 1 1990 2 1991 3 1992 4 1993 5 1994 6 1995 EQUIPMENT BRUSH CUTTER 3/4 TON 4X4/PLOW 1 TON DUMP 4X4 CHEMICAL SPRAYER PUSHMOWER GROUND AIRATOR FLAIL MOWER WATER SPRINKLER WEEDWHIP (2) PUSH MOWER GROUND AIRATOR WATER SPRINKLER BOBCAT BUCKET 72" FRONT MOWER METAL LOCATOR 6000 lb TRAILER FLAIL MOWER (USED) 1 TON DUMP 4X2 PUSH MOWER (propel) WEEDWHIP (2) METAL DETECTOR POWER WASHER ~EACH BOUYS 3/4 TON 4X4 PLOW PLAY STRUCTURE METAL DETECTOR WEEDWHIP (2) GRASS CATCHER (6) PICNIC TABLES COST 550 14,990 24,000 950 400 2,000 24,000 4,000 600 400 2,900 4,000 1,000 15,000 700 2,000 15,000 24,300 45O 75O 800 1,200 1,950 24,250 19,600 850 775 3,730 1,800 REPLACES 1980 3/4 TON PICKUP 1976 3/4 TON 4X4 PURCHASED YES YES YES YES 1987 PUSHMOWER 1974 FORD TRACTOR 1987 WEEDWHIP (2) 1989 PUSH MOWER 1987 BOBCAT BUCKET 1984 72" MOWER 1982 TRAILER 1974 FORD SICKLE 1978 1 TON DUMP 4X2 1991 PUSH MOWER 1991 WEEDWHIP (2) 1985 METAL DETECTOR WORN OUT BOUYS 1982 3/4 TON 4X4 PL. OLD STRUCTURE 1993 WEEDWHIP (2) NONE YES NO NO NO YES YES NO NO NO YES NO YES NO YES YES YES NO YES YES YES YES YES YES YES YES - 1 - 7 1996 8 1997 9 1998 10 1999 11 2000 12 2001 EQUIPMENT WATER FOUNTAINS (3) BASKETBALL GOALS COMPUTOR / LAP TOP FLAMABLE LOCKER RESURFACE COURTS PUSH MOWER / Propel FLAIL MOWER 72" BOBCAT TRACKS BOBCAT GRAPPLE FORKS DOCK/MOUNDBAY BASKETBALL GOALS MULTIP. DOCKS BACKPACK BLOWER 72" FRONT MOWER BRUSH CUTTER PUSH MOWER WEEDWHIPS (2) ONE TON 4X4 W/PLOW BASKETBALL GOALS OUTBOARD MOTOR 14' ALUMA. BOAT BRUSH CUTTER BASKETBALL GOAL WEEDWHIPS (2) ONE TON 4X4 DUMP COST 8,000 1,500 1,400 1,000 10,500 650 30,000 5,000 2,900 2,350 1,700 22,000 450 27,000 750 700 85O 35,000 1,900 1,500 900 900 1,000 1,500 40,000 REPLACES 1987 FOUNTAINS UNKNOWN 1988 COMPUTOR NONE UNKNOWN 1992 PUSH MOWER JD NONE NONE 1988 GRAPPLE FORKS UNKNOWN UNKNOWN NONE 1988 BACKPACK BLOWER 1988 72" MOWER J D 1990 STHIL BRUSH CUT 1993 PUSH MOWER JD 1995 WEEDWHIPS (2) 1990 3/4 TON 4X4 THREE POINTS PARK 1961 14' ALUMA BOAT 1961 10 HP JOHONSON 1990 STHIL BRUSH CUT SETON PARK 1998 WEEDWHIPS (2) 1990 1 TON DUMP 4X4 PURCHASED YES YES YES YES YES YES YES YES YES YES YES YES YES YES NO YES YES - 2 - REC~ 13 14 15 16 17 18 YEAR I EQUIPMENT 2002 2003 1 TON 4X2 DUMP 7,000 LB TRAILER 72" FRONT MOWER WEEDWHIPS (2) PUSH MOWER 60" BROOM 47" SNOWBLOWER 10,000 LB TRAILER {IDSTEER LOADER 48" RIDING MOWER 'ORY BROOM PUSH MOWER ONE TON 4X4 / PLOW 2004 ETAL DETECTOR 2005 CHEMICAL SPRAYER 2006 WEEDWHIPS (2) 2007 6,000 LB TRAILER PUSH MOWER COST 35,000 2,500 19,000 1,500 95O 4,000 5,000 IREPLACES 1993 i TON 4X2 DUMP 1988 7,000 LB TRL. 1992 72" FRONT MOWE 1998 WEEDWHIPS (2) 1997 PUSH MOWER 1988 60" JD BROOM 1988 47" JD BLOWER 3,500 40,000 9,000 80O 900 40,000 1987 10,000 LB TRL. 1987 BOBCAT (ATTACH) 3 48" RIDER 1998 SHINDAIWA 1998 PUSH MOWER JD 1994 3/4 TON 4X4 1,000 1994 METAL DETECTOR 3,500 1990 CHEM. SPRAYER 1,700 2004 WEEDWHIPS (2) 5,000 1,200 1992 6,000 LB TRL. 2002 PUSH MOWER PURCHASED - 3 - 2008 EQUIPMENT PUSH MOWER BACKPACK BLOWER 72" FRONT MOWER COST 1,o0o 750 25,000 !REPLACES 2003 PUSH MOWER 1998 BACKPACK BLOWER 1998 72" FRONT MOWER PURCHASED - 4 - Parks Department 1997 Annual Report EQUIPMENT INVENTORY EXHIBIT B 10 REC# ICurr_Equi9 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i Ton Chev 4X4 Dump 3/4 Ton 4X4 W/Plow 1 Ton Ford 4x2 Dump 3/4 Ton Chev 4X4 W/Plow 48" Mower John Deere 72" Mower John Deere & Cab 72" Mower John Deere & Cab John Deere 60" Broom John Deere 47" Snow Blower 55 HP Mower / Flail John Deere Weedwhips (2) Brush Cutter Pushmower John Deere 21" self propel Pushmower John Deere 21" self propel Metal Detector Blower Sthil Backpack Blower John Deere Backpack Model Year 1990 1994 1993 1990 1993 1992 1998 1988 1988 1997 1998 1990 1998 1997 1994 1998 1988 Replace_Year 1999 2003 2002 1999 2003 2002 2008 20O2 2002 2017 2O00 2000 2003 2002 2004 2008 Service Years~ 9 9 9 9 10 10 10 14 14 20 10 10 SPARE ONLY 10 Replace_Cost $ 35,000 40,000 37,000 35,000 9,000 19,000 25,000 4,000 5,000 42,000 1,500 825 1,000 950 1,000 1,000 - 1 - REC# 18 19 20 21 22 23 24 25 Curr_Equip Rotory Broom Shindaiwa Skidsteer Bobcat 843 Planer, P.Forks, G.Forks, Bucket Utility Trailer 10,000 LB Utility Trailer 7,000 LB Utility Trailer 6,000 LB Outboard 10 HP Johnson Boat 14' Aluma Craft Chemical Sprayer Model Year 1998 1987 1987 1988 1992 1961 1970 1990 Replace_Year 2003 2003 2003 2002 2007 2000 2OOO Service Years! 5 16 16 14 15 39 3O 2005 15 Replace_Cost 800 40,000 3,500 2,500 2,500 1,500 3,500 3,500 - 2 - Parks Department 1997 Annual Report RETAINING WALL REPLACEMENT SCHEDULE EXHIBIT C 11 REC~ 1 2 DATE 1/7/93 2/4/93 3 3-11-93 4 4-21-93 5 4-21-93 6 5-5-93 7 5-5-93 8 5-20-93 LOCATION 1590 Eagle Lane 2216 Fairview Road 4686 Island View Dr. 4610 Tuxedo Blvd. Corner of Stratford and Dorchester 5132 Waterbury Rd. Claire & Cavan 3062 Brighton Blvd 8-21-97 TYPE Stone! Wood Stone Stone Stone Stone Drain Stone Wood REPLACE TYPE Stone repair Block Not a City Wall Stone repair Stone repair Stone repair Stone repair Block COST 100.00 3697.00 0 150.00 Insur Claim 250.00 100.00 250.00 4336.50 REPAIR DATE 8/5/93 8/5/93 0 8/5/93 8/5/93 8/5/93 8/5/93 8/5/93 CONTR Bjork Bjork Bj~--k Bjork Bjork Bjork - 1 - 9 10 11 12 14 15 16 5-25-93 5-25-93 5-27-93 5-27-93 5-27-93 6-24-93 6-24-93 6-25-93 LOCATION 4976 Monmouth Rd 4968 Afton Rd 1632 Eagle Lane 1638 Eagle Lane 4983 Afton Road 5005 Edgewater Dr 3988 Alexander Ln 2717 Shannon Ln 8-21-97 Stone Wood Stone Stone Stone Stone Stone Stone Stone repair Replace With Block Stone repair Stone repair Stone repair Missing Stone Stone repair Stone repair COST 250.00 2131.37 100.00 100.00 100.00 REPAIR DATE 8/5/93 7/12/94 8/5/93 8/5/93 8/5/93 50.00 7/12/94 Insur Claim 460.00 8/5/93 8/5/93 81.74 CONTR Bjork Bjork Bjork Bjork Bjork Bjork Bjork Bjork - 2 - REC# 17 18 19 20 21 22 23 24 DATE 6-25-93 7-6-93 7-7-93 7-22-93 3-18-94 3-18-94 4-4-94 4-15-94 LOCATION 2637 Clare Ln 2850 Cambridge Ln (Wall on Brighton) 4704 Island View Dr 4518 Stirling Rd. 4944 Crestview Rd 4920 Crestview Rd 1590 Eagle Ln 3043 Island View Dr 8-21-97 ITYPE IREPLACE_TYPE Stone Stone Stone repair Replace With Block Replace With Block Stone Block Repair Repair Replace With COST 150.00 2728.16 8085.80 REPAIR DATE 8/5/93 7/12/94 6/15/96 5998.78 7/12/94 600.00 600.0O 7/12/94 7/12/94 8-11-97 Block Repair, School bus hit wall 4987.00 Barb Dahlke with Dist. notified 50.00 CONTR Bju-& Bjork Bjork Bjork Bjork Conce Land. Bjork - 3 - 5 6-14-94 26 27 28 30 31 32 6-14-94 6-14-94 7-27-94 8-1-94 11-2-94 12-12-94 3-24-95 LOCATION 2136 Overland Lane 2137 Centerview Ln 4754 Manchester Rd 4872 Leslie Rd 3225 Devon Ln 4434 Dorchester Rd 3213 Amhurst Ln 4855 Lanark Rd 8-21-97 TYPE Stone Stone Stone Wood Wood Wood Stone Wood IREPLACE TYPE Repair Repair Repair, COST 100.00 100.00 300.00 Remove small trees, shed moved by the owner. Replace 200 in ft Block Repair(will need replace soon) Repair only by driveway (future work needed) Repair right side of driveway Replace with Block 5580.00 60.00 50.00 100.00 2460.00 REPAIR DATE 7--95 7-95 5-7-97 estimate 4/97 9-8-94 7-95 5-21-97 5-21-97 CONTR Bjork Bjork Conce Land. Bjork Bjork Conce Land. Conce Land. - 4 - REC~ 33 34 35 36 37 38 39 40 DATE 4-12-95 7-31-95 12-27-95 4-10-96 4-22-96 5-3-96 5-8-96 5-20-96 8-21-97 LOCATION 2861 2873 Essex Lane 5960 Sunset Road 4814 Northern Road TYPE 4864 Monmouth Road 4738 Galway Road 4705 Bedford Road 4958 Leslie Road 1610 Finch Lane Wood Wood Wood Stone Rock Rock REPLACE TYPE Replace with Block Replace with Block Remove and grade Repair Drive way Corners Repair rock Repair rock next to step Rock Repair Wood Replace curb side only COST 2104.00 4350.00 1800.00 250.00 200.00 200.00 1530.00 2750.00 REPAIR DATE 6-24-97 estimate 4/97 estimate 4/97 estimate 4/97 estimate 4/97 estimate 4/97 estimate 4/97 estimate 4/97 CON~R Conue Land. - 5 - 1 42 43 44 46 47 48 8-8-96 11-22-96 3-20-97 3-26-97 4-28-97 5-19-97 6-10-97 7-31-97 LOCATION 3051 Long Fellow Ln 3340 Warner Ln 4704 Islandview Dr 6279 Linden Lane 4701 Aberdeen Road 4660 Bedford Road 3152 Alexander Ln. 3072 Dundee Ln. 8-21-97 ITYPE Rock Rock Block Wood REPLACE TYPE Repair next to driveway and street Repair on the corner Repair on the corner Replace with Block Repair Repair Corner by drivrway Repair where buldging Buldging ? if repair COST 400.00 400.00 400.00 3410.00 REPAIR DATE estimate 4/97 estimate 4/97 estimate 4/97 estimate 4/97 CONTR - 6 - REC# 49 50 DATE 10-7-97 8-21-97 LOCATION 4613 Hanover Road TYPE Wood ~EPLACE TYPE Replace with block COST REPAIR DATE CON~R - 7 - CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 To: From: Date: Subject: MEMORANDUM Ed Shukle, City Manager & Mound City Council Greg Skinner Public Works February 5, 1998 1997 Annual Report STREET DEPARTMENT The street departments primary function is to maintain and repair the Cities streets and storm sewers. The city has four full time employee's in the street department. have listed the names of the personnel below. NAME TITLE STARTING DATE Don Heitz Equipment Operator 5-1-73 Tim Johnson Equipment Operator 6-17-83 Dan Grady Equipment Operator 2-13-96 Frank Heitz Equipment Operator 5-20-96 printed on recycled paper The Street Maintenance Supervision is handled mostly by myself. I delegate certain projects or task to each employee. Examples would be, sealcoating, sign repair, maintenance, etc. I handle all of the complaints and questions and try to resolve them. Some of my other duties include reports, monthly and annual, budget preparations, supervising personnel, evaluation report, emergency call out, construction meetings, monthly meetings, project inspections, purchasing of road material and etc. Here is a list of the duties for the department. Keep in mind that this covers repair and maintenance for 50 miles of streets, 12 parking lots and 27 cul-de-sacs. Plowing and Sanding Curb & Sidewalks Sweeping Street lights Cleadng street dght of brush and trees and guardrail Retaining walls Bituminous street patching Maintenance of Equipment Preparing streets for sealcoating Christmas Decorations Repair & Maintenance of storm sewer Street sign repairing and installation of new ones GENERAL Let me go through the schedule of the Street Department for one year just touching on the main duties starting with Winter. SNOW & ICE CONTROL It's my job to determine when the snow equipment is called out. I depend on the National Weather Service for information concerning any weather systems moving in our direction, also the Police Department. Most of the time I'm out and about to determine what has to be done. When it's icy we sand as soon as possible but when it snows we like to wait until it's over if at all possible. When we plow everyone is out, four from the Street Department, four from the Water & Sewer Department. Jim from 3)3., the Parks and myself. The equipment used is five 2. '1/2. ton dump trucks equipped with plow, wing and sanders, four 4x4 pickup trucks equipped with B' plows, one 4x4 Blazer with a 6'6" plow to do the sidewalks. We have 11 miles of sidewalks that we haul the snow away. We use the snow blower, two dump trucks and two 4x4 for the job. The beginning of the year was no different than the end of 1996. January saw plenty of snow. Our salt and sand amounts were well over our average. Overtime and equipment repairs were up also. We were unable to do some summer projects again this year because of cost overruns. On the bright side November and December were great. There was very little snow. But, along comes summer. In July we had two major storms. The first storm did some minor damage and the power was out for a short pedod of time. The second storm caused some major damage. We had over 300 trees down about 50 were on city property. Randy's Tree was brought in to handle all the cities trees. Many of the streets were impassable due to trees or wires that fell. Power was out throughout the city. The wells and lift stations we inoperable for some time. The lost lake site was open to allow the residents to bring down the trees and brush that had fallen on their property. SPRING WORK The early part of Spring is when we do our street right-of-way work, that means we cut brush and trim trees that are hanging in the street. The Spring clean-up is a big job, two street sweepers, one sidewalk broom, two trucks and one tanker. We sweep everything in town, 50 miles of streets, 12 parking lots, 11 miles of sidewalks and 26 cul-de-sacs. You're looking at three to four weeks of work. From the spring clean-up work we move into our street patching. There were no big repairs this year. There were two new road projects this year. One was the new concrete curb and asphalt overlay on Sherwood Ddve. The seconded was the new development of Maple Manors. As I mentioned at the beginning, Spdng is patching and water main break repair time. We patch all of our main breaks unless it is so big that a paver is needed. STORM SEWER SYSTEM We have a very large storm sewer system to maintain. I don't know how may miles of pipe we have. I know we have 370 catch basins and 81 sump catch basins. The 370 catch basins are cleaned after every heavy rain and the sumps are cleaned in the Spring and Fall. The City crew maintains and repairs the catch basins, but when it comes to repairing the pipe itself we had a contractor come in for the work. We don't have the equipment or people to do it. We did have one major repair for storm sewers this year. We replaced 100 feet of concrete pipe and added one manhole on Maywood Road. We are still looking at two major projects that need to be taken care of. One is at the south end of Cotton Lane and the other at Swenson Park. SEALCOATING This year Allied was the Iow bidder. We did all of the Three Points area. Allied did a good job and the fighting over the final payment was minimal..Next year we will be sealing in the Shirley Hills area and Tuxedo Blvd. SIGN DEPARTMENT In 1996 we installed some 3M reflective crosswalk tape on all of our sites. Some ares did well and some not so well. I have received some new tape from 3M that we will use on the crosswalks that failed. Listed below are the signs that were replaced or installed for 1997. 15 - Stop 48 - No Parking 67 - Street sign names 6 - 4 Ton Axle 9 - No Parking Here to Corner 7 - Slow Children 5 - Two Hour Parking 5 - Farmers Market 2 - School Zone 3 - Dead End 8 - Crime Watch 2 - No Motorized Vehicles 3 - No Dumping 5 - Public Parking We straightened 49 posts, installed 60 complete tops and bottoms. The street crew also puts up the Mound City Days Banners and puts up and takes down the Flags through out the year. This year there were enough summer banners for every other pole and we were short 17 holiday banners. BITUMINOUS ROAD WORK There was no major repairs this year. We did put down some extra in some trouble spots. CEMENT WORK We repaired nine sections of sidewalks on Commerce Blvd. We had to replace fifty feet of curb this year. MISC. In the fall we started to haul some of our own street materials. This includes class 5 sand fill, 3/4 rock, wash sand, etc. The new jet-vac has been working well for us. We have cleaned over half of our catch basins last year. STREET BUDGET The Street Department had a budget of $405,270.00. We were $29,957.00 over budget for 1997. PUBLIC UTILITIES/WATER AND SEWER Public Utilities for the City of Mound consists of two departments. One being Water distribution and the other being Sanitary Sewer. First I would like to start with the Water Distribution system. The Water department has 2 1/2 full time employees, 5 which consists of a supervisor and 2 maintenance employees. We sell water to approximately 3250 customers within the city from four city owned wells, one booster station, a combined storage of 575,000 gallons in three water towers and approximately 45 miles of watermain. We are also interconnected with the City of Spring Park and Minnetrista for emergencies if needed. EMPLOYEES I have been with the City of Mound since 1977. I started out in the Water Department as a maintenance worker. In 1982, I became the Utilities Superintendent. I am responsible for maintaining the annual budget of approximately $429,300.00 for 1997, purchases, scheduling work loads, complaints, employee evaluations, water inspections for new construction, sight plan review for new construction and development watermain and shut off location, monthly report to State agencies and safety. In addition to my administration responsibilities, I also have the same duties as the maintenance personal do in the Water & Sewer Department. Bob Shanley works full time in maintenance. Bob has been with the City sense 1967. Bob's job consists of repairs, water testing and meter reading. In addition, he handles service calls that consists of turn-ons, turn-offs, final readings, valve maintenance and repair, watermain breads and snow plowing. Jerry Henke has been with the City for over thirty years. Jerry does all the meter installations, meter repair, helps with locates and inspections. PUBLIC UTILITIES The Public utilities are operated as a business. Revenues are generated from the sale of water, meter sales and service charges. Salaries and benefits are paid out of the revenue we receive. The Utility Departments works closely with the Building inspector and the City Engineer on new construction, new development, utility upgrades or new installation. This includes site and plan review and inspections along with discussions with developers. There are two budgets prepared for Public Utilities, one for Water and one for Sewer. The Water Department had a budget of approximately $429,300,oo for 1997. The percent of increase from year to year is small in both budgets as far as day to day, operations are concerned. History has shown that Workman's Compensation, General Liability Insurance and MCWS have been the big reason for budget increases. Budgets are prepared by the Utility Superintendent. The budget then goes to the City Manager for review and approval. Each budget is then presented to the City Council by the Superintendent, so the Council may ask any questions regard to certain expenditures. The Minnesota Pollution Control Agency requires that the City of Mound have a least one full time employee with a Class C certificate in Water Supply System Operations. The City is required by the PCA to have one person with a Class D certificate in Wastewater Treatment. Each person in the Water & Sewer department has a certificate in either water or sewer or in both. Tech certificates have to be renewed every three years. Each employee is sent to school at least every three years, in addition they are sent to various one day schools, conferences and conventions. The purpose of this is to learn new up to date methods of maintenance and safety procedures. WATER DEPT. WATERMAIN BREAKS This year we had 12 main breaks. WATER TOWER MAINTENANCE We had our annual inspection and there were a couple of anodes replaced that were damaged from the ice that builds up in the tanks though the winter. PUMPHOUSE MAINTENANCE This year was a good year. We had no major problems with the wells. We have finished our upgrading of our four pumphouses. WATER METERS The new system is working well. HYDRANT MAINTENANCE This year we use the same approach as last year for our hydrant flushing program. Instead of flushing during normal work hours I rearranged the shift times, so two maintenance workers would work form 9:00 p.m. to 5:30 a.m. for one week in May and on week in October. This worked very well, with very few complaints from the employee's or the customers. GENERAL INFORMATION We pumped 267,959,000 gallons of water in 1997. The water Department budget was $18,446.00 over the budget for 1997. SEWER DEPARTMENT The Sewer Department has 2 1/2 full time employees. Damon Hardina has been with the City Sewer Department since 1974. Scott Kivisto has been with the City since 1985. Their duties consist of maintaining 28 lift stations and approximately 60 miles of sanitary sewer lines throughout the city. Stations are checked at least two times a week. It takes four hours per day to perform these checks. We perform minor maintenance, such as pump removal, seal replacement and electrical repairs. Any major pump repair is sent out. The Sewer Department has a truck with a crane so we can pull the pumps. We also clean the sewer lines in the summer. We have one water tanker with a jet cleaner and one sewer rodder to perform this cleaning. The men also help on watermain breaks and with snow plowing. My responsibilities for the Sewer Oepartment are pretty much the same as for the Water Department, except the budget was approximately $1,020,460.00 for 1997. SEWER LINE MAINTENANCE We cleaned 30,000 feet of sewer line in 1997. We have finished all of our major projects so we will be putting more time in cleaning and preventive maintenance of our sewer lines. With the new jet-vac we will be able to clean quite a bit more lines than we used to. We had a outside contractor come in an televise and repair some sewer lines that were found to have son I/I. The new technology for making these repairs with out digging is great. We should be ready to do our sump pump inspection in 1997. This year we had two sewer force main breaks. The Sewer Department budget was 34,920,00 under for 1997. 2415 Wilshire Blvd. Mound, Minnesota 55364 February 5, 1998 TO: Mayor Bob Polston Mound City Council City Manager Ed Shukle FROM: Steve Erickson, Retired Fire Chief 1997 MOUND FIRE DEPARTMENT ANNUAL REPORT Total Fire Calls were down slightly to 727. This is down 47 calls from 1996 representing a 6% decrease in calls. Total Fire Hours were 8,482, total emergency hours were 6,661 for a total of 15,143 hours. The Drill hours were 2,040 and Maintenance hours where 15,745. This represents a total of 18,757 ~A hours spent in house. This does not reflect the many hours spent on outside training and volunteer hours given to the Community during the year. A break down for each City we serve is: MOUND ..........................209 Fire Calls, up 12% 212 Rescue Calls, down 22% Valuation Loss - $ 326,500. MINNETONKA BEACH ...... 20 Fire Calls, up 100% 3 Rescue calls, down 22% Valuation Loss $ 0 MINNETRISTA ................ -45 Fire Calls, down 13% 39 Rescue Calls, up 2% Valuation Loss - $ 20,000. ORONO ..........................57 Fire Calls, up 50% 33 Rescue Calls, down 27% Valuation Loss - $ 330,000. SHOREWOOD ................. 5 Fire Calls, up 500% 3 Rescue Calls - even Valuation Loss - $ 0 SPRING PARK ................. 21 Fire Calls, down 57% 64 Rescue Calls, down 10% Valuation Loss of $11,000. MUTUAL AID .................. Gave 15 Times Received 7 Times Our annual election was held in December. Election results are as follows: CHIEF - Greg Pederson, ASST. FIRE CHIEF - David Boyd, SECRETARY - Greg Palm, TREASURER - Kevin Grady BOARD MEMBERS- Jeff Andersen, Bret Niccum and Tim Palm Our Firefighter of the year was Mike Savage. This is an award that was started by Chief Bob Cheney and is highly respected in the department. As always, training requires a tremendous amount of time. Mound Fire Department sent 1 to International Chiefs, 2 to State Chiefs, 7 to State Fire Conference, 3 to State Fire School, and 11 to Regional Schools. We also had 10 attend a local school where they achieved their Fire Fighter I designations. There were also several members attending classes to maintain First Responders and their EMT classifications. This year the stations major project involved renovating the kitchen. Our members performed all work and the end result is outstanding. Each year the Department has been doing at least one or two projects to improve the quality of the station. The project for 1998 is already underway and involves remodeling the front offices. With many hours of hard work, the S.O.G. Committee completed its work on the written Standard Operating Guidelines for the Mound Fire Department. This is a project that was started nearly 4 years ago and is now in effect. During the year we worked on bettering our working relationship with neighbor depamnents. On one drill night we staged a large incident involving Maple Plain, Long Lake, St. Bonifacius, Wayzata and ourselves. A great deal of quality training occurred and working relationships between departments was enhanced. On several other occasions we joined together with these departments to train jointly. Mound Fire Fighters continue to operate in only the highest level of quality. I am extremely proud to have been affiliated with the department for the past 22 years. I would also like to thank the Mayor, Council, and City Manager for their support. Your support is imperative to maintain the tradition of quality the Mound Fire Department is always striving to improve. Respectfully Submitted, Steve Erickson Mound Fire Chief 1994 -1997 NAME 2415 Wilshire Blvd. Mound, Minnesota 55364 ADDRESS PHONE DOB JEFF ANDERSEN GREG ANDERSON PAUL BABB DAVID BOYD SCOTT BRYCE J~! CASEY STEVE COLLINS BOB CRAW-FORD RANDY ENGELHART DAN GRADY KEVIN GRADY BRUCE GUSTAFSON CRAIG KENDERSON PAUL HENRY MATT HENTGES MATT JAKUBIK ROGER KRYCK JOHN LARSON JASON Mu~AS JOHN NAFUS JAMES NELSON BRET NICCUM GREG PALM MIKE PALM TIM PALM GREG PEDERSON CHRIS POUNDER RICHARD ROGERS MIKE SAVAGE KEVIN SIPPRELL RON STAT,T,MAN BRUCE SVOBODA ED VANECEK RICK WILLIAMS TIM WILLIAMS DENNIS WOY~CKE 2221SOU]]-IVIE~I.&T. MOUND 55364 472-7564 07/10/57 4924 PLYMOUTH RD. MOUND 55364 11/18/60 5259 EDEN ROAD MOUND 55364 472-1/68 03/30/6~ 5460 BARTLETT BLVD. MOUND 55364 472-4515 01/30/52 5955 IDLEWOOD RD. MOUND 55364 472-3622 01/09/57 4968 AFTON ROAD MOUND 55364 472-1750 09/25/55 2121 GRANDVIEWBLVD.MOUND 55364 472-5267 09/08/50 5093 BARTLETT BLVD MOUND 55364 472-2955 11/29/66 3415 WARNER LANE )DUND 55364 472-7615 03/15/61 2535 MON~LAIR RD. MOUND 55364 472-3410 05/07/56 760 APPLEGARDENRD MOUND 55364 472-4058 07/30/61 1743 SHORE]4OOD LN ~UND 55364 472-6392 11/30/54 4435 DORCHESTER RD. MOUND 55364 472-3361 09/18/57 5056 SUI~OVE RD. MOUND 55364 472-5306 11/24/53 5941HA~FIHORNE RD. MOUND 55364 472-2769 04/23/62 4379 WILSHIRE #C204 MOIJ-ND 55364 472-6726 08/10/70 2350 KINGS RD. SP PK 55384 471-7568 09/21/70 4397 WILSHIRE e204 MOUND 55364 472-8021 07/19/71 4609 SHORELINE #309 AP PK 55384 471-8021 11/22/69 2580 DUNWOODYLN WAY. 55391 471-7432 05/10/54 2185 FAIRVIEWLN. ~DUND 55364 472-0449 01/21/71 2449 0AKIAWNLANE MOUND 55364 472-1983 12/09/65 1160 MARINA DRIVE MOUND 55364 472-1233 04/17/61 2695 WESTEDGE BLVD. MOUND 55364 472-1972 07/14/59 5942 HAW'J]-IORNE RD MOUND 55364 472-7140 07/16/65 6087 ASPENRD. MOUND 55364 472-5785 02/22/53 2042 GRANDVIEW BLVD MOUND 55364 472-6644 03/15/63 6023 LYNWOOD BLVD MOUND 55364 472-6377 11/16/65 3125 HIGHLAND BLVD MOUND 55364 472-3591 03/08/50 5551 SPRUCE RD MOUND 55364 472-1014 08/31/65 2201 CEN~RVIEWLN MOUND 55364 472-7904 03/18/64 4994 BARTLETT BLVD. MOUND 55364 472-2712 06/20/62 2345 FAIRVIEWLANE ,MOUND 55364 472-3178 12/08/66 5940 HILLCREST LN. MOUND 55364 472-7170 07/08/60 3135 AYRLANE MOUND 55364 472-6716 02/03/62 4842 DALE ROAD MOUND 55364 472-7906 06/01/71 09/22/80 12/03/79 09/13/93 02/03/75 01/09/78 09/12/88 02/06/78 03/21/94 04/02/90 12/03/90 06/06/88 02/05/96 11/01/76 05/01/89 05/06/96 11/17/97 12/04/f 03/06/95 05/02/95 06/02/80 12/03/90 07/10/89 02/06/84 06/04/79 05/01/89 02/03/75 09/13/93 10/16/95 09/15/80 03/05/90 01/05/87 05/02/94 11/04/91 11/07/~ 11/07/83 03/02/92 2415 Wilshire Blvd. Mound, Minnesota 55364 , Chain of Command Chief 1 Chief 2 Captain 11 Captain 12 Captain 14 Captain 15 Training Officer Lieutenant 1 1 Lieutenant 12 Lieutenant 14 Oreg Pederson David Boyd Jeff Andersen Craig Henderson Greg Palm Greg Anderson Rick Williams John Nafus . Kevin Grady Kevin Sipprell Lieutenant 15 Dan Grady Highest ranking Firefighter Fire Marshall 1 Fire Marshall 2/ Asst. Training Officer Mike Palm Tim Palm Officers & Companies Engine Co. 1 Capt. 12 Craig Henderson LT. 11 John Nafus Engine Co. 2 Capt. 15 Greg Anderson LT. 15 Dan Grady Scott Bryce Jim Casey Steve Collins Paul Henry Ron Stallman Mike Savage Bruce Svoboda Randy Engelhart Bret Niccum Mike Palm Chris Pounder Tim Williams Dennis Woytcke James Nelson Rescue Co. 1 Capt. 11 deffAndersen LT. 14 Kevin Sipprell Ladder Co. 1 Capt. 14 Greg Paim LT. 12 KevLn Grady Paul Babb Tim Palm Rich Rogers Ed Vanecek Jason Maas Matt Jakubik Bob Crawford Matt Hentges Bruce Gustafson Roger Kryck John Larson Chief 1: Oreg Pederson Chief 2: David Boyd Training Officer: Rick Williams 1/1/98 2415 Wilshire Blvd.. Mound, Minnesota 55364 2. 3. 4. 5. 6. 7. 8. 9. 10. 11~ 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 37.' ACTIVE SENIORITY ROSTER DAVID BOYD GREG PEDERSON CRAIG HENDERSON SCOTT BRYCE STEVE COLLINS MIKE. PALM GREG ANDERSON JOHN ANFUS MIKE SAVAGE RIG~K WILLIAMS TIM WILLIAMS GREG PAlM RON STALLMAN KEVIN GRADY JIM CASEY PAUL HENRY TIM '. PALM BRET NICCUM. KEVIN SIPPRELL RANDY ENGELHART: DAN GRADY J~,S. NELSON ~tq VANECEK DENNIS WOYTCKE PAUL BABB CHRIS POUNDER BOB CRAWFORD JASON MAAS BRUCE SVOBODA JOHN I~SON RICHARD ROGERS ROGER KRYCK BRUCE GUSTAFSON 02/03/75 02/03/75 11/01/76 01/09/78 02/06/78 06/04/79 12/03/79 06/03/80 09/15/80 09/22/80 11/07/83 11/07/83 02/06/84 01/05/87 06/06/88 09/12/88 05/01./89 05/01/98 07/01/89 03/05/90 04/02~90 12/03/90. 12/03/90 11/04/91 03/02/92 09/13/'93 09/13/93 03/21/93 05/02/94 05/02/94 03/06/96 10/16/95 12/04/95 02/05/96 q /o6/96 11/17/97 1997 FIRE MARSHALS REPORT We had some big residential fires this year. Again we were lucky not to have any major injuries or deaths. With the lack of time to do inspections, in our area, we are very lucky not to have major commercials fires. Tim and I did what we could do with the inspections this year. The main inspections were of course the fire calls, Mound Free Church and St. John's Church. A lot of plans were looked at and suggestions were made. Many phone calls were made during the night or weekends. There could have been more, but some do not want to be called after working hours, which is when we can do the calling back. Inspections which are conducted as part of code enforcement help Provide and ensure satisfactory life safety conditions within a Structure. They include inspection of the condition of exits and Interior finish, the operation of exit doors, emergency lighting, Exit lights and signs, and all fire doors. Inspection of exiting Facilities should include the inspection of exit discharge area. Inspections are intended to prevent fires from occurring because the Inspector identifies fire hazards which could cause a fire, allow a fire to develop, or allow a fire to spread once ignited. In addition to locating and correcting accumulation of combustible trash and debris storage practices, proper maintenance, and the safer operations of building utilities. During the inspection process, technical information on the building and the processes should be collected. When used in pre-fire planning this kind of information can be used in pre-fire planning and is a valuable source for handing a fire at any property. Inspections provide an oppommity to educate the owners or occupants of a building about the need for adequate fire and LIFE safety conditions. Again Fire Prevention was taken care of by Chief Erickson, we did schedule other tours other than fire prevention week, so we could accommodate all our classes and pre-school CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 29, 1998 TO: FROM: SUBJECT: MAYOR CITY COUNCIL CITY MANAGER CITY CLERK 1997 ANNUAL REPORT Personnel Roster: Francene C. Clark/Leisinger, City Clerk - 8-10-81 Linda Strong, Secretary/Receptionist - 8-5-85 to 10-1-97 Jodi Rahn, Secretarty/Receptionist- 10-8-97 Jodi and I report directly to the City Manager. The City Manager and I share Jodi's time. She is the receptionist first. Ed has her doing secretarial duties and I have her helping me in various areas. As you know, Linda left the City of Mound in October of 1997. Jodi Rahn has taken her place and is doing a fine job. I was out on leave of absence for 20 months due to illness. I started back to work January 2, 1997, and it is good to be back. printed on recycled paper RECORDING OF COUNCIL PROCEEDINGS There were 23 regular City Council Meetings in 1994. In addition there was the Local Board of Review and Budget Hearing. That totals 25 meetings. From these meetings 610 pages of minutes were generated for Council review and approval. Agendas are prepared by the City Manager. The Agenda material is then put in order, attached, and numbered. Jodi then runs the packets on the Xerox and directs the packets to the proper people. We send agendas to all people who have items on the agenda, highlighting the item pertaining to them. After the Council Meetings there are items that need to be followed up, such as contracts signed and sent to the proper people, directives from the Council that need to be attended to and routine items that need to be resolved. These items many times are 4 to 6 hours of work after a meeting. That does not include preparation of the minutes and the resolutions. I input all the Council Meetings into the Clerk's Index Program. I have all of years from 1989 to 1997 on the computer. This has eliminated the need to index all the City Council actions on 3 x 5 cards manually. It sure is handy when someone is looking for something in the past. MAINTENANCE OF ORDINANCE BOOK An ordinance is a law of local application, enacted by the City Council, which prescribes a general and permanent rule for persons or things within the City. This is distinguished from other types of regulations or actions which are undertaken by resolution or motion. Resolutions or motions generally regulate administrative or temporary actions as opposed to a permanent law. An ordinance becomes effective upon its adoption by the City Council and publication in the official newspaper. Therefore, as soon after a Council meeting as possible, ordinances are published. After publishing, the new ordinance has to be integrated into the ordinance book in the correct area. There were 11 ordinances adopted in 1997. 83-1997 An Ordinance Rezoning Certain Lands as Described from R-1 Single Family Residential to R-lA Single Family Residential. 84-1997 An Ordinance Amending Sections 255:05 of the City Code Relating to Park and Open Space Advisory Commission; and Adding a New Section 256 to the City Code Establishing a Dock and Commons Advisory Commission. 85-1997 An Ordinance Amending Section 810:30, Subd. 3, of the City Code Relating to Beer Licenses, by Repealing Subsection (b). 2 86-1997 An Ordinance Amending Section 456:50 Relating to Dog Quarantine. 87-1997 An Ordinance Amending Section 350:640 of the Mound Zoning Code by Adding "School Administrative Offices: as a Conditional Use in the R-1 Residential Zoning District. 88-1997 An Ordinance Amending Section 600:25 of the City Code Relating to Prohibiting Discharges into the Sanitary Sewer System. 89-1997 An Ordinance Amending Section 437 of the City Code Relating to Docks by Adding Section 437:16, Exceptions. 90-1997 An Ordinance Amending Section 235 and 920 of the City Code Pertaining to Recreational Fires. 91-1997 An Interim Ordinance Regulating Transmission and reception of Commercial Wireless Communication Services; Establishing a Moratorium and Directing a Study be Conducted Thereon. 92-1997 An Ordinance Amending Section 437:05, Subd. 7 of the City Code by Adding Subsection BB Thereto Relating to Shared Dock, Commons Dock Program. 93-1997 An Ordinance Amending Sections 510, 520 and 540 of the City Code Relating to Fees. As Chapters in the City Code are amended, I put these on the computer, a disk for each Chapter. This makes revisions much faster than typing whole pages. This project was completed in 1994 so the entire City Code in in the computer. In 1992, I started and completed a project that I have wanted to do for a long time. I took all the ordinances and amendments that have ever been adopted by the City of Mound since its incorporation and cross referenced them to the current code where possible. This was all done on my Rapid File Program. Now we have a history for each section of the Code. This will help when someone wants to know when a particular part of an ordinance was adopted. I have continued to update this project with new ordinances as they are adopted or amended. MAINTENANCE OF RESOLUTION BOOK A resolution is somewhere between a motion and an ordinance. A resolution deals with matters of a special, administrative or temporary nature and is put in resolution form because of its importance or length. In 1997, the City Council adopted 129 resolutions. These are all composed, typed, signed and kept in resolution books. Each resolution is then categorized and indexed by subject and number in order to make them easier to find at a later date. This catagorizing is now done with the Clerk's Index. Copies of the resolutions are given to the various departments when they pertain to their area. I also certify resolutions to be recorded at Hennepin County if required. PUBLIC NOTICES This office arranges for the publication of official and legal notices for such things as public hearings, changes in meeting dates for the City Council, ordinances, and any other items that are required by State Statutes or that the Council or City Manager feel should be in the official newspaper. Some public notices (vacating of streets, etc.) must also be posted in 3 public places. The Park Dept. handles the posting and fills out the posting affidavit. Some bids come through my office and are advertised according to State Statute. Some of the specifications for bids for equipment are laid out and prepared by me with input from the specific department head requesting the item. LICENSES & PERlVHTS The City of Mound issued 67 licenses or permits for different purposes in 1997. This accounted for approximately $4,393 in revenues. This process changed in 1992, with one less person in the Finance Dept., I took over all licensing duties. I spent a considerable amount of time in the administration of the licenses and permits, i.e. notices and renewal forms are sent before they expire; when the renewal application is received it and the insurance papers must be gone over to be sure they are correct; the payment receipt is made out; the names submitted to the Council for review and approval; the license issued and sent to the applicant. Then there are always the applicants who wait until the last minute or have to be coaxed to get their applications and fees in before expiration. I have inputted alot of the license information into the computer. I am also generating the licenses on the computer which saves money for the forms and time by not having to redo all of them every year, just changing dates, license numbers, etc. PUBLIC INFORMATION I have found being City Clerk that people expect me to be the local expert in everything from utility costs to the legality of the latest zoning fracas. In attending State and International conferences I find that most city clerks are used as an information source by local citizens. I try to stay informed as to what is going on in all aspects and departments of the City so that if I cannot answer a question for a citizen at least I can direct them to the proper person for an 4 What comes along with public information is research into various concerns about. items that people have RECORDS MANAGEME~ Records Management is a function concerned with the creation, processing, maintenance, protection, retrieval, retention, preservation and disposition of records required in the operation and continuance of city operations. The objective is to save space, money and time. TAX FORFEIT PROPERTY In 1997, I dealt with no tax forfeit parcels of land. When we do have parcels the following is the procedure we use. Hennepin County notifies us of property within the City that has gone tax forfeit because of nonpayment of real estate taxes. They also periodically ask about property we have taken for a public purpose to insure that we are using it for that public purpose. The County asks that we inform them of what we would like done with the property i.e., allow the parcels to the sold at public auction; require that they be sold only to adjoining property owners if they are undersized or do not meet the zoning and building codes; or retain them for some public purpose. There is a considerable amount of research that must be done to determine what should be done with the property. The first step is to go to the tax books and get a property description. Then the property jacket is pulled and its contents examined to see if the property was taken for a public purpose or is a new tax forfeit parcel. The next step is to figure the square footage of the property and look at the current zoning district to determine if it is a buildable lot or not. After all this information is determined, it is all put on a sheet, a plat map showing the property is made and sent to the City Engineer, Park Director, Public Works Superintendent, Building Inspection and Finance Director for their comments and recommendations. Occasion~y, an easement is needed for utility purposes; a survey may be needed to determine if part of the property is in the wetlands; or there may be reasons for the City to retain the property. The Special Assessment Clerk in the Finance Dept. determines if there are any assessments from before forfeiture or since forfeiture that need to be put back on the property. The reason we need to know assessments before and since forfeiture is that the City gets 90% of the purchase price to apply to assessments from before forfeiture. The assessments since forfeiture are added in their entirety to the appraised value (determined by the Hennepin County Assessor) of the property. In 1984, the City Council adopted a resolution (//84-94, copy attached) setting a policy on assessments placed on undersized tax forfeit property before forfeiture. This has helped to encourage adjoining property owners to purchase undersized parcels and combine them with their property. In 1987 1 completed a card index by Property Identification Number for the following: City owned property; Tax forfeit property that has been retained by the City for a public purpose; Tax forfeit property that falls into the following categories: a. Property released for public sale; b. Property for sale only to and combined with adjoining property. Each card has a PID (property identification number), plat and parcel, legal description, status (what it is, park, wetlands, tax forfeit, etc.), whose name it is in (State Land Dept. or City of Mound or both), any resolutions dealing with the parcel (resolution number and disposition). I have now completed coordinating the Certificates of Titles, State Deeds, easements, etc. and recorded that type of information on each card also. This card file, is now complete and is being kept up-to-date. It has already proved to be a very valuable tool when someone calls in to check on a parcel of land. Since we started dealing with tax forfeit property in 1982: 39 parcels have been put up to public auction; 37 parcels were retained for a public purpose; and 83 parcels have been authorized to be sold to and combined with adjoining properties; 5 temporary construction easements were reconveyed. Of the above, 34 parcels of the 39 have been sold at public auction and 48 of the 79 parcels have been sold to adjoining property owners to be combine with their property. I think this shows how this process is working to the city's advantage to get parcels back on the tax rolls and increase conformance to the zoning ordinance. We now have a computer program called Rapid File and all the information on the cards has been inputted into the computer. OTHER DUTIES~F~qPONSIBILITIF~q CEMETERY In 1988, I officially took over the Mound Union Cemetery records. In 1997, there were 17 casket burials, 8 ash burials. 6 groves were sold. In 1989, I used the Rapid File program in 6 my computer and inputted all the information from each division of the cemetery. All the information came off the cemetery cards which were checked and cross-checked. This now allows us to instantly locate people by name, owner of the grave, or lot and grave number. There are three divisions and each is separate on the computer. I have a book that I update every few months. It took a considerable amount of time to do this but I feel it has really cut down on the paper work. We had new cemetery maps made up at the end of 1997 to include all new information for the FIRE CONTRACTS The Fire Department keeps track of all fire reports for each contracting city. The f'u'e reports are all listed according to the City and the number of fire/rescue hours. In 1997, there were 438 mutual aid hours which are divided equally between the contracting cities. The Fire Contract Material is figured on a combination percentage of assessed value and a 3 year average of fire/rescue hours for each contracting city. That percentage is then used on: Ao B. C. D. Operating Costs Capital Outlay Fireman's Relief Fund Fire Track Payments In 1997, the fire hours breakdown is as follows: ACTUAL CONTRACTING FIRE/RESCUE .CITY HOURS + EQUAL MUTUAL AID HOURS = TOTAL P~RCE~AGE Minnetonka Beach 489 + 73 = 562 3.71% Minnetrista 1891 + 73 = 1964 12.97 % Orono 1941 + 73 = 2014 13.30% Shorewood 146 + 73 = 219 1.45 % Spring Park 1588 + 73 = 1661 10.97% Mound 8651 + 73 = 8724 57.61% TOTAL 15144 + 438 = 12637 100.00% These hours will be integrated into the 3 year average when the 1999 contract material is figured. 7 Part of the formula for figuring the fn'e contracts was to use the tota/assessed value of the fire area in a community. This changed a few years ago from assessed value to market value, which did not change the percentages much but required some language change in the original fire contracts and at the same time this was done some other changes were made to update the contract for each fire contracting city. EMPLOYEE SUPERVISION The City Manager and I supervise the Secretary/Receptionist, Jodi Rahn. As I stated in the beginning of this report, Ed and I share Jodi's time. Jodi is first and foremost the receptionist who answers the phone anywhere from 60 to 80 times a day, fielding calls to the proper people, taking messages when people are out of the office and directing people when they come into City Hall. She is sometimes the only contact a citizen has with City Hall and she is excellent in giving people a positive and helpful image of the City of Mound. She does a lot of typing for departments who do not have secretarial help, i.e. Finance, Liquor, and the Dock Inspector. She is also in charge of handling all incoming and outgoing mail; copying for various departments; office supply ordering; as well as the duties that were mentioned before. We are lucky to have someone who is versatile, talented and friendly. ELECTIONS The City Clerk must administer all elections for national, state and county as well as city offices and special city elections. The State Statutes governing the election process are Chapter 200 through 210 and Chapter 412. On the surface these statutes describe the procedural steps, however, they do not describe the election process in logical step sequence. Election laws are constantly being revised by the state legislature and through court rulings so it is necessary to stay on top of all changes. I am one of 11 City Clerks chosen to serve on the Hennepin County Elections and Voter Registration Coordinating Committee. It is comprised of clerks giving good city representation of the county based on experience, the size of the municipalities and the types of election system used. This Committee deals with new legislation affecting elections and voter registration. The City did not have an election in 1997, but the School District held a bond referendum for authority to issue bonds to renovate the old high school building and pods. Because the City was involved in this issue, the city cooperated with the school district and allowed the district to use our voting equipment. Therefore, I was in charge on election day and doing the things that needed to be done using the optical scan voting equipment. Because this was a school district election, it involved 11,000 registerred voters in 6 cities of which only 1,434 voted. The breakdown by city was as follows: 8 333 Independence 8 Minnetrista 258 Mound 946 Orono 124 Shorewood 20 Spring Park 77 We had 84 new registered voters in this election. Pre-planning is the key to holding a properly organized and well conducted election. The following is a synopsis of some of the procedures that were done for the December 4th election. Preparation of an election calendar is essential giving actual dates when duties must be performed to meet legal requirements. Since this was a school district election, they were in charge of some of this. I just made sure any of the legal requirements for using optical scan equipment was followed. e Making sure there are absentee voting materials, voter registration supplies, election day supplies, ballots, and ascertaining whether election day equipment, such as voting booths and ballot boxes are in a good state of repair. 3. We used the school district polling place. Election judges have to be located. I took care of this because my judges are familar with the optical scan equipment and the school district judges are only familar with paper ballot elections. The nice thing is that we did not need to have There must be a judge for each of the following procedures: One judge to act as a greeter (determine if the voter is registered or not and directs to the proper line). b. Judges to handle the computer print-out of registered voters. c. A demonstration judge. d. A judge to hand out the ballots. A judge to be near the vote tabulator to watch for error messages and assist voters. 7 f. One or two judges to be in charge of new voter registrations. The law requires that election judges for all elections be trained by a City Clerk, this also includes school elections. We have a basic course, a review course and an emergency course. The judges have to be trained to have some worldng knowledge of the vote tabulators, problems that might arise, error messages given by the tabulator, and ways to correct problems. Hennepin County does the programming for the prom pack (memory pack) that is inserted in the machine. The prom pack was tested in both machines with a test deck of official ballots marked so that it appears there were different situations in voting, i.e. overvotes and blank ballots. A master sheet showing the variations in votes must be done. The results are then compared with the machine count to determine if the machine is counting accurately. Applications for Absentee Ballots were taken care of by the school district. The voter casts his/her ballot and returns the sealed envelope either in person or by mailing it. These ballots are then held unopened until election day. 0 11. The day before the election we set up the precinct (all voting booths and miscellaneous supplies). The locked ballot box with the vote tabulator (the memory pack is sealed in the tabulator to insure they have not been tampered with) and blank ballots inside (these are also sealed in boxes) were delivered to the precinct. Election day arrived for me and I started at 6:00 A.M. All absentee ballots are counted on the equipment in the precinct. During this election there were 51 absentee ballots. We had a team of judges trained to review the applications and ballot envelopes to determine if the ballot was rejected or accepted based on the completeness of the required information. After that process was complete, the ballots in the ballot envelopes were given to the precinct to be opened and run thru the machine at the close of the polls. After the polls close, the judges check and verify the seal numbers on the memory pack to be sure it is the same as it was opening the polls. They then take the "A" (answer key) key, insert it in the vote tabulator and turn it. The vote tabulator will not accept any more ballots. A printout of the vote totals then begins. This is the Official Results Tape. It contains the zero tape from the beginning of the day, any messages, and the total votes for the question. There are many more clerical tasks than mentioned above that have to be done for an election, lo but as you can see it is a very time consuming job that requires accuracy and efficiency to run properly. By the time election day is over, I usually have put in 16-20 hours. MI~qCELLANEOUS POSC & DCAC MEETING AGENDAS AND PACKETS When Peggy James left the City, it left the Park Director without anyone to cover the POSC and DCAC meetings, agendas, packets, et,. We have a person to do the minutes of these meetings. I have been working with Jim on the Agendas and handling the packets. Jodi is being trained to handle the agendas and packets. SPECIAL ASSESSMENTS In September assessment hearing notices were prepared, the tax books checked to verify names and addresses and notices were written, published and sent to ail parties concerned regarding the following: CBD (Central Business District) Parking Maintenance Delinquent Water & Sewer Charges Unpaid Mowing Charges Unpaid Tree Removai Charges The CBD Assessment Roll is a very involved procedure. The expenses are figured from June 1 of a given year until May 31 of the year being assessed. This figure includes expenses for railroad lease, special assessments, maintenance materiais, crosswaiks striping, blacktopping of lots, Christmas decorations, lighting of lots, parking lot leases, salaries for maintenance. This figure is sent to each business in the CBD District. There is a very complicated formula for spreading these expenses between the businesses in the Central Business District. The formula is based on the following: 3. 4. 5. 6. 7. 8. 9. 10. Customer parking spaces required (this is determined by the CBD Parking Committee based on the business). Employee parking spaces required. The number of spaces provided by the business. The first 2 items are added together and the third is subtracted. A percentage of the total is then figured on item//4. The business front footage is then taken. A percentage of the total is then figured on item//6. The present market vaiue is then taken. A percentage of the total is then figured on item//8. Next the total costs (expenses) are multiplied by the factor .7 and that result is 11 11. 12. 13. multiplied by item//5. Next the total costs (expenses) are multiplied by the factor. 15 and that result is multiplied by item//7. Next the total costs (expenses) are multiplied by factor . 15 and that result is multiplied by item//9. Items 10, 11 and 12 are then added together and that is what is proposed to be assessed to each business in the CBD. At the end of August we are taking all delinquent sewer and water bills and preparing them for certification and assessment against the benefiting property. With the initial list, we sent out 213 notices. We actually certified 143 for collection with 1998 taxes. Resolutions were prepared for all the above assessments. Levy sheets were prepared for Hennepin County, resolutions certified and all sent to the County to appear on the 1998 tax statements. OTHER MEETINGS ATTENDED MCFOA (Minnesota Clerks' & Finance Officers' Association) Annoa! Mcctin? I have been a member of this organization since 1982. I was Regional Vice President for Region IV in 1984; Treasurer in 1985; Secretary in 1986; Vice President in 1987; became the President in 1988; and a Director at Large (Immediate Past President) 1989 and 1990. This state organization has one annual conference in March which is put on by Government Training Services and the University of Minnesota Department of Professional Development and Conference Services. It is designed to meet the needs of Minnesota clerks from large, small and medium size cities, with different responsibilities, and with varying years of experience. The technical sessions provide practical information and an opportunity for discussion with other clerks. I received the title of MCMC (Minnesota Certified Municipal Clerk) in March 1985 after completing the required courses and extra seminars offered by the University of Minnesota Continuing Education. Out of the 855 cities in Minnesota there are over 550 members in MCFOA. IIMC (International lnqtitute of Municipal Clerks) Conference I have been a (CMC) Certified Municipal Clerk since November 1985. The State of Minnesota presently has over 326 member cities in the IIMC. We are 8th out of 77 (including the 50 states, 12 Canadian provinces, and 15 other countries such as Australia, Bosnia, New Zealand, Israel, United Kingdom, South Africa in membership to IIMC. Total IIMC membership is 12 9,582. I attended the annual IIMC Conference in May. There are a variety of topics covered in the educational sessions, presentations and the extensive exhibits. This was a very interesting and beneficial conference with over 40 different workshops in topics such as, records management, local government productivity, elections, professional development, personnel management, communications, supervising, to name a few. The following is the mission statement that was developed during my last year on the Board, ~The International Institute of Municipal Clerks prepares its membership to meet the challenge of the diverse roles of the municipal clerk by providing services and continuing professional development opportunities to benefit members and the government entities they serve. ~ IIMC (INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS) REGION VI MEETINGS AND OTI:IER MEETINGS OR COMMITTEE~ In January 1997, I attended the Region VI Meeting of the three states (Iowa, Wisconsin and Minnesota) in our region. This gives me a chance get information obtained at the IIMC Mid-Year Board Meeting. Some of the other meetings attended were: League of Minnesota Cities Elections & Ethics Committee. Advisory Committee on Voter Registration. I have tried to highlight some of the activities in 1997. In summation, the City Clerk's position encompasses many areas that require time, effort and knowledge beyond that of a clerk in a larger city with a full staff to do the elementary tasks. I find the work very challenging and personally rewarding and I am happy I can contribute to Mound and its citizens. I feel continuing education, working on various committees with affiliated organizations, receiving and sharing information with other dries makes me more effective in my position and I want to thank the Council for their support. 13 132 June 12, 1984 RESOLUTION NO. 84-94 RESOLUTION SETTING A POLICY ON ASSESSMENTS PLACED ON TAX FORFEIT PROPERTY BEFORE FORFEITURE WHEREAS, Hennepin County has begun to notify adjacent property owners that they will be conducting "private sales" on undersized or unbuildable lots; and WHEREAS, some of these properties had assessments against them before forfeiture which were cancelled at the time of forefeiture; and WHEREAS, when the City releases these parcels for private sale, it certifies these assessments from before forfeiture to Hennepin County because the City receives 80% of the value of the property (selling price) to apply to the old assessments; and WHEREAS, the assessments since forfeiture are added to the appraised value so the City receives all the funds for those assessments; and WHEREAS, some of the assessments from before forfeiture are higher than the property is valued at and thus does not make the property very attractive to adjoining property owners unless we make a committment to them that we will not reassess the remaining balance of the assessments after they purchase the property; and. WHEREAS, the goal is to get the property back on the tax role and help a number of people make their property conforming. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby adopt the following policy which will apply only to undersized tax forfeit lots which are sold thru Hennepin County and combined with adjoining property: On undersized tax forfeit lots which had assessments before forfeiture, the City will certify these assessments to Hennepin County when the lots are released for private sale to adjoining property owners. This will be done only so that the City will receive 80% of the value of the lot to be applied against these before forfeiture assessments. After certain undersized tax forfeit lots are sold and combined with adjoining property, the owner may petition the City Council to pass a resolution stating that the balance of the assessments from before forfeiture will not be recertified to 133 June 12, 1984 Hennepin County for collection. The foregoing resolution was moved by Councilmember Charon and seconded by Councilmember Paulsen. The following Councilmembers voted in the affirmative: Charon, Jessen, Paulsen and Polston. The following Councilmembers voted in the negative: none. Coun¢ilmember Peterson was absent and excused. Mayor / Attest: City Clerk CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 9, 1998 TO: FROM: RE: MAYOR & CITY COUNCIL FRAN CLARK, CITY CLERK AMENDMENT TO CIGARETFE ORDINANCE Attached are two pages of this ordinance that have been revised. Page 1 of the ordinance where the title shows that we are also amending the fee section, Section 510:10, Subd. 2. Page 9 is the last page of the ordinance with the amendment to the fee section. printed on recycled paper PROPOSED ORDINANCE NO. AN ORDINANCE AMENDING SECTION 440:00 OF THE CITY CODE RELATING TO TOBACCO SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES IN THE CITY OF MOUND AND TO REDUCE THE ILLEGAL SALE, POSSESSION AND USE OF SUCH ITEMS TO AND BY MINORS AND AME~ING SECTION 510:10, SUBD. 2. OF THE CITY CODE RELATING TO FEES FOR CIGARETTE LICENSES The City of Mound Does Ordain: Section 440:00. ~. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. 144.391. Section 440:05. ~Def'mitions and Imerpretation:_:. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the terms "may" means permissive. The following terms have the definitions given to them: Subd. 1. Tobacco or Tobacco Products "Tobacco" or "Tobacco products" shall mean any substance or item containing t~bacco leaf, including, but not limited to, cigarettes; cigars, pipe tobacco, snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Subd. 440:75. publication. This ordinance shall take affect the day after its Section 510:10, Subd. 2. is amended to read as follows: Subd. Related Code 2 440:10 ~ of Licen~ Cigarette Sales Conditions Annual $200.00 Mayor ATTEST: City Clerk Adopted by the City Council February 10, 1998 Publish in The Laker Newspaper February 14, 1998 1-10-98 CITY OF MOUND 5341 MAYWOOD ROAD I MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 3, 1998 TO: FROM: MAYOR CITY COUNCIL CITY MANAGER FRAN CLARK, CITY CLERK PROPOSED CIGARETTE ORDINANCE Attached is the letter that was sent to all persons or establishments currently holding a Cigarette License. The following is a list: 2. 3. 4. 5. 6. 7. 8. 9. 10. American Legion Post//398, 2333 Wilshire Blvd. Steve Bedell (dba By The Way Snack Shop), 4801 Shoreline Drive John's Variety & Pets, 2281 Commerce Blvd. Jubilee Foods, 5229 Shoreline Dr. Mainstreet Market, 2242 Commerce Blvd. Mound Municipal Liquor, 2324 Wilshire Blvd. PDQ Food Store 1/0292, 5550 - 3 Pts. Blvd. R & R Bait, 2630 Commerce Blvd. SuperAmerica//4194, 5337 Shoreline Drive VFW Post//5113, 2544 Commerce Blvd. So far the only question has been from the VFW who would like to be able to keep their vending machine, and have it controlled by the bartender with a remote. The Legion complied with this ordinance this Fall by eliminating their vending machine and putting cigarette sales behind the bar. printecl on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 28, 1998 Dear License Holder: Your Cigarette License expires on February 28, 1998. In 1997, the Minnesota Legislature passed a new state law designed to reduce illegal youth access to tobacco products. The City of Mound must now implement and enforce this new law. In order to do that we have revised our Cigarette Ordinance (copy enclosed). Please note there will be compliance checks and there is an administrative penalty system. The fee for a Cigarette License will increase with the renewal of this license, to $200.00/per year to cover the cost of administering and enforcing the above provisions. There will be no vending machine sales unless minors are prohibited at ALL times from entering the licensed establishment. Self service sales are also prohibited. The City Council will be acting on the enclosed proposed ordinance on Tuesday, February 10, 1998, at 7:30 P.M. If you have comments, please attend this meeting. If the Council approves this ordinance and new fee, it will become effective February 14, 1998. Thank you for your cooperation. Sincerely, Fran Clark City Clerk enc. printed on recycled paper LEN HARRELL Chief of Police TO: FROM: Ed Shukle Len Harrell MOUND POLICE 5341 Maywood Road Telephone 472-0621 Mound, MN 55364 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 Recruiting: TOBACCO ENFORCEMENT COST ESTIMATES 1998 18 hours per year $630 Need to identify willing and reliable 16 or 17 year olds to use in sting operation. 3-5 individuals per year for one sting per year 4-6 hours at $35/hr Documentation w/th parents and meetings to explain process 2 hours per juvenile candidate 6-10 hours Training of juveniles 2 hour training course Operation: 30 hours for 1 check/year $1050 9 locations, 1 compliance check per year Preparation "Bugging" set up and officer monitoring 2 officers, average 1-2 hours per location Violation will slow process and may require additional personnel or times to resume operation. One compliance check per year would cost approximately $1,700. Two compliance checks per year would cost approximately $2,700. PROPOSED ORDINANCE AN ORDINANCE AMENDING SECTION 440:00 OF THE CITY CODE RELATING TO TOBACCO SALE, POSSESSION, AND USE OF TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES IN THE CITY OF MOUND AND TO REDUCE THE ILLEGAL SALE, POSSESSION AND USE OF SUCH ITEMS TO AND BY MINORS The City of Mound Does Ordain: Section 440:00. ~. Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and related devices, and such sales, possession, and use are violations of both State and Federal laws; and because studies have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco Products, and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. 144.391. Section 440:05. _Def'mitions and lnterpretation,~. Except as may otherwise be provided or c/early implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plura/and the plural sba/1 include the singular. The masculine shall include the feminine and neuter, and vice-versa. The term "shall" means mandatory and the terms "may" means permissive. The following terms have the definitions given to them: Subd. 1. _Tobacco or Tobacco Products ,, . _ Tobacco or "Tobacco Products" shall mean any substance or item containing tobacco leaf, including, but not limited to, cigarettes; cigars, pipe tobacco, snuff; fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. Subd. 2. T_~obacco Related Devic~ "Tobacco related devices" shall mean any tobacco product as well as a pipe, rolling papers, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniff'rog, or smoking of tobacco or tobacco products. Subd. 3. ~elf-Service Mercl~andlSln_~. 'Self-Service Merchandising' shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Subd. 4. _Vend_~n~, Machine. 'Vending Machine' shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. _ l~ac. ka~ed. ,,Individually packaged" shall mean the Subd. 5. lndivid~all_v practice of selling anY tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this subdivision shall not be considered individually packaged. Subd. 6. ~ "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. Subd. 7. Minor. "Minor' shall mean any natural person who has not yet reached the age of eighteen (18) years. Subd. 8. Re!sil Estsblishment. "Retail Establishment' shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Subd. 9. Move_~hle Place of Business. 'Moveable Place of Business' shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10. ~ A "sale" shall mean any transfer of goods for money, wade, barter, or other consideration. 2 Subd. II.Compliance Checks. "C ' omphance Checks" shall mean the system the City uses to investigate and ensure ~at those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance Checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products and tobacco related devices. Section 440:10. License. No person shall sell or offer to sell any tobacco, tobacco product, or tobacco related device without first having obtained a license to do so from the City of Mound. Subd. 1. ~ An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City of Mound. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled Council Meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 2. Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or applicant it deems necessary. The application and investigation results shall then be forwarded to the City Council for official action. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd. 3. Term. All licenses issued under this ordinance shall be valid for one calendar year from the date of issue. Every such license shall expire on the last day of February next after its issuance. Subd. 4. Revocation or Suspension Any license issued under this ordinance may be revoked or suspended as provider{ in the Violations and Penalties section of this ordinance. ' Subd. 5. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the 3 license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 6. Moveable Place of Business~_ No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 7. ~ All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8 ~ The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entire the holder to an automatic renewal of the license. Section 440:15. ~ No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license under this ordinance shall be set by the City Council in Section 510:10. Section 440:20. Basis for Denial of License. The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person is ineligible for the license under this Section. A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the twelve months preceding the date of application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. 4 The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation from holding such a license. Section 440:25. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years. Bo By means of self-service methods whereby the customer does not need to made a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. C. By means of Loosies as defined in Section 440:05, Subd. 6 of this ordinance. De Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco, or added as part of otherwise lawful manufacturing process. By any means to any other person, or in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. Section 440:30..Vending Machines. It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products or tobacco related devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. Section 440:35. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within 30 days. Section 440:40. ~ All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Ordinance, State or Federal law, or other applicable law or regulation. Section 440:45. Compliance Checks and Inspections... All licensed premises shall be open to inspection by the Mound Police Department or other authorized City Official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated City or County personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor unlawful possession of tobacco, tobacco products, or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State of Federal law. Section 440:50. Other Illegal Acts. Unless otherwise provided, the following acts shall be a violation of this ordinance. Subd. 1. ~ l__~e&9_l.l.l.l.l~ It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any minor. Subd. 2. Ilegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. ~ It shall be a violation of this ordinance for any minor to smoke, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. 6 SuM. 4. l]leeal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. _.Use of False Identification. It shah be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older that the actual age of the person. Section 440:55. Violations_. Subd. 1. Notice. Upon discovery of a suspected violation, the alleged violator shah be issued, either personally or by mail, a citation that sets forth the alleged violation and which shah inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. a hearing provided ~ If a person accused of violating this ordinance so requests, shall be scheduled, the time and place of which shall be published and to the accused violator. Subd. 3. Hearim, Officer. The City Council shall serve as the hearing officer. Subd. 4. Decision. If the Hearing Officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under Section 440:60 of this ordinance, shall be recorded in writing, a copy of which shah be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds ground for not imposing any penalty, such findings shah be recorded and a copy provided to the acquitted accused violator. Subd. 5. ~ Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City in which the alleged violation occurred. Subd. 6. .Misdemeanor Prosecution. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this 7 ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. Sub& 7. Continued Violation.. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Section 440:60. Subd. 1. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of $75 for the first violation of this ordinance; $200 for a second offense at the same licensed premises within a twenty-four month period; and $250 for a third or subsequent offense at the same location within a twenty-four month period. In addition, after the third and subsequent offenses, the license shall be suspended for not less than seven days after each such offense. Subd. 2. Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative penalty of $50. Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be cited ,. Subd. 4. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. Section 440:65. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as described by State Law. Section 440:70. Severabilit¥ and Savin~ Clause. If any section of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. Subd. 440:75. publication. Effective Date. This ordinance shall take affect the day after its 8 r~oi-h ~', p Memo T~ City of Mound Dock Inspector Todd Stead February 10, 1998 Roanoke Multi-Dock Proposal Tom McCaffrey has discussed with me the multi-dock proposal for the Roanoke area. I currently have a 17 foot boat and would definitely be in favor of His proposal, The convenience of not having to put up and take down my dock every year would be great. I will not be able to attend the City Coundl meeting tonight so if you could pass along these comments I would appreciate it, Thank you. Todd M. Stead · Page 1 T~/T~'~ 0290~£~60l ~60£ ~6 ~9 A3NB~W NOZI~OH ~ S~:0~ 86, OT Bob Schmidt 4708 Island view Dr. Mound, MN 55364 1-2%98 To.' Jim Faclder Park Director City of Mound 5341 Maywood rd Mound, MN 55364 cc Tom Mc Caffery Dock Inspector Jim, After reading your letter of Jan 21, 1998, I have several concerns about the plan. First you're only providing 3 non-abutting dock slips at Roenoke Ln commons. There is currently 4 sites available there and I feel this number must be maintained. It's true that only 3 are currently used, but I understand that is due to a conflict with the abutting land owner. When I bought my house in Mound it was primarily due to the commons program. I feel a reduction in the number of slips available, and one boat per house, directly effects the salability (property value) of my house. I also am afraid that if non abutters do not renew their dock permits, the slip will be removed from the commons program, further phasing out non abutters from the commons program Secondly, I have an inboard boat. This means I cannot steer in reverse and it pulls to the left when in reverse. Because of this only slip "A", as noted on the plan, would be acceptable for my use. Finally, the concept that two boats can occupy one side of the dock will not work at this location. If there were 43 feet between dock centers(there is less than that now, and the docks converge because of shoreline curvature) only 9 feet would remain for boat travel (allowing for two 14 foot boat lifts and 6 feet of dock ). Last year there was about 6 feet between my boat and the boat lift at site g42000. Also the water depth increased rapidly in this area. I have a 48 foot dock now at this location and at the end of my dock it is 4 feet deep in the spring. Extending the dock another 30 feet to accommodate a second boat would make the depth about 10 feet deep which I believe exceeds the maximum allowed by the LMCD. I believe two straight docks for the non abutters at this commons site would be the best solution. I was told at the First meeting that no one would be forced to give up their current dock site. If these concerns are not addressed to my satisfaction I will not relinquish my spot. Please respond to this letter before the city counsel vote on Feb 10~. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM JANUARY 26, 1998 TO: MAYOR AND CITY COUNCIL FROM: JIM FACKLER, PARKS DIRECTOR SUBJECT: ROANOKE LANE & DEVON LANE MULTIPLE SLIP DOCKS There has been some question about the exact location of the proposed city dock at the Roanoke access. The Dock Inspector, Tom McCaffery and myself went to the site and measured it. At this time we can only approximate the locations due to the snow and not being able to find the lot corner stake located 369 LnFt from this area, or as noted on the Dock location Map as #41631 (Note attached portion of the Dock Location Map). From the attached drawing of the Roanoke area, and with the belief that dock site #41956 (Casey) is on the center of their space, (Note; A dock does not have to be on center as long they have their dock and boat inside assigned area.) it appears that with using the on site measurements or the Dock Location assigned lineal footage number the proposed installation of a straight city dock will fit. The Devon Lane proposed dock will fit as designed in my letter dated January 21, 1998 to all abutting and non-abutting dock site holders. printed on recycled paper MINUTES - MOUND CITY COUNCIL- FEBRUARY 10, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in r~gular session on Tuesday, February 10, 1998, 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, and Leah Weycker. Absent and excused was Councilmember Liz Jensen. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, and City Clerk Fran Clark and the following interested citizens: The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *F~C~,-~q~: 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 normal sequence. 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. *CONSENT AGENDA *1.0 APPROVE THE MINUTES OF THE JANUARY 27, 1998, REGULAR MEETING. 237-242 , *1.1 APPOINTMENT OF ASSISTANT WEED INSPECTOR. 243-244 * 1.2 RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE VFW POST//5113 - MOUND. 245 -247 '1.3 248 BID AWARD: 1998 ONE TON DUMP W/PLOW AND SANDER. · 1.4 CASE//98-02: 249-256 STEVE & PAM JOHNSON, 6041 RIDGEWOOD ROAD, LOT 21, BLOCK 6, THE HIGHLANDS, PID //23-117-24 34 0002 - VARIANCE REQUEST: ADDITION TO HOME. (PLANNING COMMISSION WILL HEAR THIS MATrER MONDAY, FEBRUARY 9. MATERIALS WILL BE HANDED OUT TUESDAY EVENING). 2 · * 1.5 RESOLUTION EXTENDING MORATORIUM REGARDING THE REGULATING OF TRANSMISSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES. *1.6 LICENSE RENEWALS - GARBAGE HAULERS 258 '1.7 PAYMENT OF BILLS 259-276 · 3. PETITION TO REMOVE STREET LIGHT AT THE INTERSECTION CAMBRIDGE LANE AND BEDFORD ROAD ~t~,~-'°-~ .... ~.~~~'~' ~.~'~ 4. PRESENTATION OF 1997 ANNUAL REPORTS: - JIM FACKLER, PARKS DIRECTOR 287-310 GREG SKINNER, PUBLIC WORKS SUPERINTENDENT 311-319 - STEVE ERICKSON, FORMER FIRE CHIEF 320-325 - FRAN CLARK, C1TY CLERK 326-340 4 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. e 341-350 PROPOSED CIGARETrE ORDINANCE 7. APPROVAL OF ROANOKE LANE MULTIPLE DOCK SLIP & APPROVAL OF DEVON LANE MULTIPLE DOCK SLIP 8. INFORMATION/MISCELLANFA)US: ho 374-392 Department Head monthly reports for January 1998 5 393-394 C. 395 -396 D. 397 E. 398-399 F. 400-439 Notice from the Minnehaha Creek Watershed District 0VlCWD) regarding the rescheduling of a Rule B Task Force Meeting. The meeting was rescheduled to Tuesday, February 10, 1998, 2:30-4:00 p.m. at the Minnetonka Community Center Letter from Triax Cablevision regarding rate increases for Basic and Tier Services Notice from the City of Minnetrista regarding an open house for Charlotte Erickson who is retiring as the City Administrator-Clerk after 22 years with the City and 16 of those years as the Administrator-Clerk. The open house is scheduled for Sunday, March 8, 1998, 1-4 p.m., at Minnetrista City Hall LMCD Executive Director Greg Nybeck publishes an occasional newsletter about LMCD activities. Enclosed is a copy of the recent newsletter LMCD mailing regarding an application to the Legislative .~.C, ~ R~ Commission on Minnesota Resources funds for added or improved car trailer parl ng facilities on Minneton a 440 Senator Gen Olson invited Dr. Pam Myers, Superintendent of Schools and myself to testify before the Senate K-12 Education Budget Division Committee at the State Capitol on Wednesday, February 4. The purpose of the hearing was to present a bill, a copy of which is enclosed, amending Minnesota Statutes 471.19 relating to restrictions placed upon school districts to issue bonds for facilities not totally dedicated to education curriculum. As you know, we discussed this "quirk" during our study sessions with the School Board. Bond counsels for both the School District and the City had indicated that this section of Minnesota Statutes does not allow the School District to sell bonds for the renovation of the community center as it is presently written. Senator Olson introduced an amendment which passed this committee and now will be incorporated into the Omnibus Tax Bill. It was an interesting experience to testify before a Senate committee as this is something Pam and I had not done before. In addition, Senator Olson invited us to stay to attend the State of the State address given by Governor Arne Carlson. We were guests of her and Representative Steve Smith. It was a speech where Carlson reviewed his tenure as Governor and the accomplishments the State has made under his leadership. Also, he asked the Legislature to adopt his agenda for this session, which, surprisingly, did not include anything about the stadium. Pam and I also had the opportunity to meet Mayor Norm Coleman, St. Paul; Kathleen Blatz, Chief Justice of the Supreme Court and other legislators in attendance 6 Committee of the Whole meeting is scheduled for Tuesday, February 17, 1998, 7:30 p.m., Mound City Hall. The only item on the agenda is a discussion with the Westonka School Board regarding the joint powers agreement on the Westonka Community Center. I will forward a draft of the proposed agreement to you once it has passed legal review by the School District's attorney. I. REMINDER: City Council photograph is confirmed for Tuesday, February 24, 1998, 6:30 p.m., Mound City Hall. J. REMINDER; HRA Meeting, Tuesday, February Mound City Hall. 10, 1998, 7 p.m., 7 I I I ~-r---~ I Ol ~NV7 ~nSXOU .......... J~ ................. 11 I I/ I L_--.J L_._J I I 'h I ~1 I I II [I !1 ~ .... J L___J u ....~ L ___J .... -I F--¥~-o-~-a r---] 80~' · mm mm ~0 LETYER SENT TO DOCK SITE HOLDERS CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 January 21, 1998 TO: city Of Mound Dock Site User FROM: Jim Fackler, Park Director SUBJECT: City Council hearing On Implementation Of Multiple Slip Docks On Devon Common Located At Devon Lane And Roanoke Lane Accesses. Dear Dock Site User, From my letter, dated January 6, 1998, you were advised of a discussion to be held at the January 15, 1998 regular scheduled monthly meeting of the Dock and Commons Advisory Commission (DCAC). As my letter pointed out your boat dockage could be changed from a single city dock site to mooring of your boat at the same general location but on a city owned multiple slip dock. From that meeting the DCAC has recommended approval of one city owned multiple slip to be placed at each of the accesses, Devon Lane and Roanoke Lane, the design of each dock will be different, see enclosure . The city multiple slip dock at Devon Lane will provide for nine boats while leaving one individual dock site with its location at Devon Lane but with a yet to be determined location for Paul Jereczek. All the remaining five non-abbutting dock sites with four shares on the Devon access will be eliminated and both the site holder and share person will be placed on the city dock. The multiple slip dock at Roanoke will provide dockage for three boats on a straight dock not to e~ceed 100 feet in length. The four non-abutting dock sites at Roanoke access, with no current shares, will be eliminated and the site holders placed on the city dock. This recommendation from the DCAC is scheduled to go before the Mound City Council on February 10, 1998. The location is the council chambers at, Mound City Hall, 5341 Maywood Road. The meeting will begin at 7:30 pm and will be a agenda item to be discussed that evening, a exact time for this item can not be determined. 1 printed on recycled paper This is your opportunity to discuss with the City Council the concerns you may have. If you can not attend please feel free to write a response and it will be presented at the meeting. Please address your correspondence to; Jim Fackler, Park Director, City of Mound, 5341 Maywood Road, Mound, Minnesota 55364. cc: DCAC Ed Shukle, City Manager Tom Mc Caffery, Dock Inspector enclousures I.S'--) ~ 21.5 t 6 :Si-l-e_--~ qa, DCAC MINUTES RECOMMENDING APPROVAL DEVON & ROANOKE CITY OF MOUND MOUND DOCK & COMMONS ADVISORY COMMISSION January lf, 1995 Members present: Mark Goldberg, Dennis Hopkins, Frank Ahrens, and Mayor Bob Polston. Members absent and excused: Jim Funk and Gordy Tulberg. Others present: Parks Director Jim Fackler, Dock Inspector Jim McCaffrey, and Secretary Clare T. Link. The following interested ccitizens were also present: Michael Kane, Dillon Kraavenbrink, John Gabos, Keith Forester, Wes Lafortune, Mark & Gina Smith, Dave Osmek, Phil Keintz, Thomas Carlson, Linnea Manske, Greg Knutson, Becky Cherne, Jim Kudin, and Ron Nordstrom. APPROVAL OF DECEMBER 18,1997 DCAC MINUTE~ Motion by Ahrens, seconded by Hopkins to approve the minutes of the December 18, 1997 meeting as written. Motion carried unanimously. AGENDA CHANGES Goldberg suggested the election of officers be moved to following dock discussion. MULTIPLE SLIP DOCKS Goldberg discussed the dock task force decisions on areas of improvement. He explained the dock site program. He stated Devon Lane and Roanoke Lane are the next two locations under consideration for review. DEVON LANE ACCESS Devon Lane residents identified themselves. Goldberg noted 1/3 of those affected are present. He stated there is room for ten boats on the slip including a canoe. There are six dock sites and four shared dock sites. Fackler noted the length is approximate based on what is there now. He noted sites G through I would be for smaller boats. Goldberg suggested G or H be elimated with J remaining for a canoe. . Residents commented on the proposed configuration. Mike Kane stated he liked the configuration and believed it would clean up the area. John Grane stated it is a great advantage to have the dock provided. 1 DOCK & COMMONS ADVISORY COMMISSION MINUTES - JANUARY 15, 1998 Paul Jereczak stated he was concerned about not being able to have more than one boat. He would have a problem with relocating. He asked what this would cost. Goldberg stated all costs would be defrayed by the annual dock fee. Jereczek stated he likes the dock proposal in spite of his concerns. Phil Kinds stated he has a 28' pontoon this year. Goldberg stated it can be accommodated. Kinds stated he is in favor of the proposal. Ron Nordstrom asked if the City is adding more docks program. Goldberg stated, no, the number of boats maintained while cutting the congestion. to the will be Goldberg stated there needs to be more input from the other 11 participants. Polston suggested that the other participants be sent another letter indicating that the City Council will consider finalizing the action recommended by the DCAC so they will have an additional opportunity to comment. Goldberg stated he would rather have this figured out before it goes to the City Council. Polston stated that he believes the DCAC has responsibly addressed the situation and tried to solicit input. His suggestion was that this now be forwarded to the City Council. Polston then suggested that letters be sent to everyone advising that this will be addressed at the City Council. Commissioners discussed a situation where a dock owner would have two boats and choose not to move to the new dock. Fackler stated in this case, the individual dock site would be moved. Ahrens stated he would not be in favor of having a multiple dock and individual docks. Ahrens stated boat density on the lake is a concern, and this is a favorable way to manage density. In response to a question from the audience, Fackler stated the City has liability insurance. Polston noted this would be forwarded to the City Council to recommend approval, and letters will be sent to all residents in the area. Paul Jereczek will be left off the multiple slip. ROANOKE L,%NE ACCESS Roanoke Lane residents were identified. Goldberg noted 50% of the residents were present. Fackler stated the configuration will be determined by measuring it with the two adjacent property owners to see where the docks are now. He noted there are four sites now and no shared sites. There is a site without a boat. Ahrens suggested since there are only two boats down there now, the dock configuration should be reconsidered. He suggested a straight dock be used instead. DOCK & COMMONS/IDVISORY COMMISSION MINUTES - JANUARY 15, 1998 McCaffrey stated there is still a potential for a third boat. Ahrens believed a third boat could be put on a straight deck. Polston stated there aren't any non-abutters present tonight, and we don't know if they are interested in participating. Goldberg asked why some non-abutters put docks in and don't put boats at them. McCaffrey stated he was unsure. Ahrens noted one of the sites was not even used. McCaffrey stated there are four dock sites with three assigned and one of the three not used. Polston suggested the maximum number be authorized contingent on that number applying. Ahrens believed there would never be more than three boats at the site. Motion by Polston, seconded by Hopkins to recommend to the City Council that a straight dock up to 100, be authorized to accommodate three boats provided the non-abutters become a part of the multiple dock program at the Roanoke access on Devon. Motion carried unanimously. Commissioners and members of the audience discussed docks being left in year round. Commissioners and members of the audience discussed the intent of the motion to reduce the number of dock spaces from four to three. They also discussed whether another site or sites could ever be added. Fackler discussed how dock sites are identified and assigned in response to a question from the audience. He explained if someone on the multiple dock moves, the site becomes available for anyone who lives within that area. John Gabos stated it would be a real advantage to cut the dock down for two boats rather than three and limit it to a 75' dock, because the area is too tight. Fackler stated even though one individual didn't use his dock last year, he has the right by ordinance to apply for his site this year. Polston stated non-abutters will be notified this item will go to the City Council, and up to three sites have been recommended. Commission took a break at 9:05 p.m. and reconvened at 9:15 p.m. TEAL POINT DOCK REQUEST Fackler reviewed the request for docks at Teal Point, a new housing development. There are several unanswered questions at this point which need to be researched. He stated the area is considered part of Lake Minnetonka. A member of the audience stated he is interested in having a dock and small fishing boat. Fackler explained where the City's property is located. He stated the plat DOCK & COMMONSAD~$ORYCOMMISSlONMINUTE$-JANUARYI5,1998 needs to be reviewed and a determination made if permits will be needed. Polston believed there may be a condition on the plat dockage could not be applied for. There needs to be an opinion rendered on the original platting. Andrea Ahrens recalled there would not be any dock access to the lake. Polston stated whether or not there is public dockage would be contingent on review of the plat. A member of the audience noted the association by-laws state docks are not allowed. Polston stated this item will be referred back to staff. Motion by &hrens, seconded by Hopkins to make Goldberg temporary chairperson until the next meeting when elections will be held. Motion carried unanimously. ELECTION OF OFFICERS FOR 1998 This item was postponed to the next meeting. ENCROACHMENT FEE FOR PUBLIC IdtlCD8 This item was postponed to the next meeting. DCAC WORK RULES This item was postponed to the next meeting. 1998 AGENDA CALENDAR REPORTS Motion by Polston, seconded by Ahrens to adjourn the meeting at 9:30 p.m. Motion carried unanimously. TATION TO DCAC MEETING 5341 MAYWOOD ROAD CITY OF MOUND (612) 472-0600 FAX (612) 472-0620 January 6, 1998 TO: City Of Mound Dock Site User FROM: Jim Fackler, Park Director SUBJECT: Discussion Of Possible Implementation Of A Multiple Slip Dock. Dear Dock Site User, At this time the Dock and Commons Advisory Commission (DCAC) has scheduled a meeting for all individuals who had a 1997 dock site, or shared one, and the abutting property owners on Devon Common at the access points of Devon Lane and Roanoke Lane. The discussion will relate to the possibility of combining the non-abutting dock users onto two city owned and maintained docks at their respective current locations. This meeting will be on Thursday January 15, 1998 at 7:30 pm, Mound City Hall Council Chambers, 5341 Maywood Road. This will be your opportunity to discuss with the DCAC the concerns you may have and to hear the DCAC explanation of what a multiple slip dock has to offer. Please be advised that this is only a look at a plan that would retain the 1997 dock users and may lead to further discussions. If you can not attend please feel free to write a response and it will be presented at the.meeting. Please address your correspondence to; Jim Fackler, Park Director, City of Mound, 5341 Maywood Road, Mound, Minnesota 55364. ~/Jim Ba~kler, Park Director cc: DCAC CITY OF MOUND MEMORANDUM 5341 MAY%NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612} 472-0620 OCTOBER 2, 1997 (Revised 1-5-98) TO: DCAC /--~~ FROM: JIM FACKLER, PARKS DIRECTOR '--it V SUBJECT: DEVON LANE ACCESS MULTIPLE SLIP DOCK DEVON ACCESS DOCK SITE BREAK DOWN; NOT A FACTOR TOTAL LN.FT. OF PARK .......................... # OF CURRENT DOCK SITES ......................... (orig.5). 6 # OF SHARED DOCK SITES .......................... (orig.3). 4 # OF TOTAL BOATS ............................... (orig.7). 10 ** one of 10 is canoe ** A) TWENTY FEET OR LESS ............. (orig.3).. 5 ** one of 5 is canoe B) 20' THRU 24' .................... (orig.3).. C) 24' THRU 32' .............................. 0 D) 32' THRU 40' .............................. # OF TWO BOATS WITH ONE OWNER .., ................ (orig. O).. 1 ** one is canoe ** # OF INDIVIDUALS WITH NO BOAT AT THIS TIME ............... 1 51 5' WIDTH OF PROPOSED DOCK ................................ LENGTH OF PROPOSED DOCK .............................. 72.0' NONE SET REQUIRED FROM PRIVATE PROPERTY .................... 07/82/1Bc]7 0c]: 43 61247c]6445 ~REP~AU DOCKS PAGE 84 o 0 0 0 o ~ OC C C C ~ C C C CITY OF MOUND MEMORANDUM 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 OCTOBER 2, 1997 TO: DCAC ~ FROM: JIM FACKLER, PARKS DIRECTOR SUBJECT: ROANOKE LANE ACCESS MULT~ E SLIP DOCK ROANOKE ACCESS DOCK SITE BREAK DOWN; TOTAL LN.FT. OF PARK .......................... NOT A FACTOR # OF CURRENT DOCK SITES .................................. 4 # OF SF~ARED DOCK SITES ................................ NONE # OF TOTAL BOATS ........................................ · 2 A) TWENTY FEET OR LESS ............. 1 B) 20' THRU 24' .................... 1 C) 24' THRU 32' .................... 0 D) 32' THRU 40' 0 # OF TWO BOATS WITH ONE OWNER ......................... NONE # OF INDIVIDUALS WITH NO BOAT AT THIS TIME ............... ~% WIDTH OF PROPOSED DOCK ............................... 35.0' LENGTH OF DOCK .................................... %'' 72.0' SET REQUIRED FROM PRIVATE PROPERTY .................... NONE 18/82/1997 89:45 6124796445 CREPEAU DOCKS PAGE 82 q C 0 .C 0 .C I ,-- 0 0 0 0 0 Cd ~ s- s-- ,,z'" .r C C C C C CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMO,~AIV~)I,/M DATE: TO: FROM: SUBJECT: Februarv 5, 1998 City Manager, Members of the Citv Council and Staff Jon Sutherland, Building Official JANUARY 1998 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 11 building permits issued in January for a construction value of $ 96,094. we issued 18 plumbing, mechanical, and miscellaneous permits for a total of 29 permits this month, and 29 permits year-to-date. Total valuation now stands at $ 96,094. PLANNING & ZONING The Planning Commission reviewed one case which was tabled to a future date. kl printed on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: JANUARY Year: 1998 THIS MONTH YEAR TO DATE RESIDENTIALNEW CONSTRUCTION I[ #PERMITS I # UNITS I VALUATION ]] #UNITS I VALUATION SINGLE FAMILY DETACHED 0 0 0 0 SINGLE FAMILY ATTACHED (CONDOS) 0 0 0 0 TWO FAMILY / DUPLEX 0 0 0 0 MULTIPLE FAMILY (3 OR MORE UNITS) 0 0 0 0 TRANSIENT HSG. (HOTELS / MOTELS) 0 (~ 0 0 SUBTOTAL 0 0 0 0 NEwNON'RESIDENTIALcoNSTRUCTION Il# PERMITS] I VALUATION I #PERMITS [ VALUATION COMMERCIAL (RETAIL/RESTAURANT) 0 0 0 0 OFFICE / PROFESSIONAL 0 0 0 0 INDUSTRIAL 0 0 0 0 PUBLIC / SCHOOLS 0 0 0 0 SUBTOTAL 0 0 0 0 ADDITIONS/ALTERATIONS ADDITIONS TO PRINCIPAL BUILDING 2 /18,067 ;2 /18,067 DETACHED ACCESSORY BUILDINGS 0 0 0 0 DECKS ]- i t 280 1 1 t 280 SWIMMING POOLS 0 0 0 0 REMODEL- MISC RESIDENTIAL 7 26,7/17 7 26,747 REMODEL * MULTIPLE DWELLINGS 0 0 0 0 SUBTOTAL lO 76 ~ 094 10 76 ~ 094 COMMERCIAL (RETAIL/RESTAURANT) 1 20,000 1 20 ~ 000 OFFICE I PROFESSIONAL 0 0 0 0 INDUSTRIAL 0 0 0 0 PUBLIC / SCHOOLS 0 0 0 0 DETACHED ACCESSORY BUILDINGS 0 0 0 0 SUBTOTAL i 20 ~ 000 1 20 1000 DEMO',T,O.S II #PERM'TS I # UN,TS I VALUAT,ON Il #PE"M'TS I VALUAT,ON RESIDENTIAL DWELLINGS 0 0 0 0 NON-RESIDENTIAL BUILDINGS 0 0 0 0 TOTAL DEMOLITIONS 0 0 0 0 # PERMITS # UNITS VALUATION # UNITS VALUATION # PERMITS 0 TOTAL . 11 96,094 11 96~094 · BUILDING 11 11 FENCES & RETAINING WALLS 0 0 mGNS 0 0 PLUMBING 8 8 MECHANICAL 10 10 GRADING 0 0 S&W. STREET EXCAV., FIRE, ETC. 0 0 TOTAL [ 29 [ 29 375' BUILDING PERMIT REPORT FOR MONTH OF JANUARY 1998 MONT YEA DAY PERMIT # ADDRESS OWNER CONTRACTOR TYPE OF CONST. JAN 98 6 12109 5959 IDLEWOOD RD GLENN ISAACSON SELF DECK 16X8 JAN 98 2 12264 1927 SHOREWOOD LN JAY WESTLUND J BENSON CONST FIRE DAMAGE REPAIR JAN 98 8 12268 5125 DRUMMOND RD CRAIG HEINSCH SELF 32X28 ATTACHED GARAGE JAN 98 12 12269 5337 SHORELINE DR SUPER AMERICA COTTONWOODCONST REMODEL DRINK CENTER JAN 98 13 12270 4994 MANCHESTER RD THOMAS ALEXANDER THE DANBERRY CO ADDITION;LOFT; REROOF JAN 98 22 12271 1730 AVOCET LN BOB GOODFELLOW WF SMITH REROOF JAN 98 26 12272 4549 WILSHIRE BLVD PAUL PAINE SELF R/R FOUNDATION WALLS JAN 98 27 12274 6041 RIDGEWOOD RD STEVE JOHNSON SELF DECK GR; SCREEN PORCH JAN 98 28 12275 5501 SHERWOOD LN MICHELLE HANSON STATEWIDE GAS SERV FIREPLACE INSERT JAN 98 28 12276 4744 HAMPTON RD KENNETH ENGLERT THE FIREPLACE CENTE DIRECT VENT FIREPLACE JAN 98 29 12277 4918 LESLIE RD TAMI MESENBOURG SELF REMODEL GAR TO REC ROOM VALUATION SAC UNIT 1,280 5,000 16,5~7 2o,ooo~.* 31,500 J~) 2,400 8,000//./. 800 3,547 1,000 6,ooo MONTH GENERAL PERMIT REPORT FOR MONTH OF JANUARY 1998 YEAR DAY PERMIT# ADDRESS JAN 98 5 3897 JAN 98 6 3898 JAN 98 6 3899 JAN 98 9 3900 JAN 98 9 3901 JAN 98 9 3902 JAN 98 12 3903 JAN 98 14 3904 JAN 98 15 3905 JAN 98 16 3906 JAN 98 20 3907 JAN 98 20 3908 JAN 98 21 3909 JAN 98 26 3910 JAN 98 26 3911 JAN 98 26 3912 JAN 98 28 3913 JAN 98 28 3914 CONTRACTOR PERMIT TYPE 5211 EDEN ROAD 5749 GRANDVlEW BLVD 4909 ISLAND VIEW DR 4518 WlLSHIRE BLVD 2642 COMMERCE BLVD 3202 WESTEDGE BLVD 5429 SPRUCE RD 2415 WlLSHIRE BLVD 2600 WlLSHIRE BLVD 5984 SUNSET RD 5201 PIPER RD 3098 ALEXANDER LN 1927 SHOREWOOD LN 4608 MANCHESTER RD 6045 BARTLETT BLVD 4909 ISLAND VIEW DR 4345 WlLSHIRE BLVD 5501 SHERWOOD DR WELD & SON'S PLUMBIN PLUMB DOUG'S PLUMBING PLUMB WENCL SERVICES MECH KATHLEEN MARIE PLUMB AWD COOLERS OF MN PLUMB COUNTRYSIDE HEATINGMECH DITTER INC VOGT HEATING & AC KALMES MECH NORBLOM PLUMBING PRACTICAL SYSTEMS NORBLOM PLUMBING LEGEND PLUMBING BARBARA DILL CULLIGAN WATER SYMINGTON PLUMB A-ABC APPL & HTG STATEWlDE GAS SERV MECH MECH MECH PLUMB MECH PL'UMB MECH PLUMB PLUMB MECH MECH MECH TO: MAYOR, CI~ COUNCIL AND Cl~ MANAGER FROM: GINO BUSINARO, FINANCE :DIRECTOR RE: JANUARY FINANCE DEPARTMENT REPORT Investment Activity Balance: January 1, 1998 $4,498,786 Bought: MOney Market Money Market Money Market CD CP 4M Plus Norwest Bank First Bank Crow River Bank Smith Barney 5~58°/o 5.58% 2,880 86 125,231 95,000 344,262 Matured: Money Market First Bank Money Market Smith Barney CP Smith Barney 5.75% CP Smith Barney 5.73% (30,000) (262) (441,090) (339,263) BalaPce: = ,,.~ :_~.~ January 31~ 1998 Closing of the Year 1997 January was, as usual, a very busy month for the Finance Department. The new year cycle and the closing of the past year cycle are falling in place as we move along. With the issuance of the W-2 and the 1099 forms, numerous reports were submitted to Federal and State departments. Other reports were submitted to the independent auditor, the insurance agent, and Hennepin county. Recycling Joyce has submitted to Hennepin County the 1997 Municipal Recycling Final Report. The total expenditures for the program were $110,227 and the revenues from the sale of recyclable were $9,792. The county entitlement for the year was $30,802. The city collected $58,629 in household charges. As an example of participation for the month of October, out of 13,444 households 6,250 had their recyclable set out. That is a 47% participation. The total of materials collected for the year was 1,199 tons. City of Mound Monthly Report Utilities Month of: January 1998 Residential Commercial 02/03/98 Utility-98 Total No. of Customers: Water 1,107 123 1,230 Sewer 1,113 123 1,236 Water Used: (in 1,000 gallons) 18,029 3,210 21,239 Billing: Water Sewer Recycle Payments: Water Sewer Recycle Total $30,480 $6,765 $37,245 $71,388 $18,241 $89,629 $5,996 $124 $6,120i $107,864 $25,130 $132,994 Total $24,826 $5,487 $30,313 $51,155 $14,752 $65,907 $4,542 $87 $4,629 $80,523 $20,326 $100,849 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: From: Date: Re: Mayor, City Council and City Manager Joel Krumm, Liquor Store Manager February 4, 1998 January 1998 Monthly Report Gross sales for January were $121,006.00. In 1997 January's gross sales were $113,375.00. By all appearances you may think we had a great month. But in reality it was merely average. Here is why. Last year in January we had four weekend days of sales. This year in January we had five. It is almost eerie when you look at the last day of sales for the month, (which was the extra Saturday), we did $8,000.00 in sales which is exactly how much we were up! Even though things have slowed considerably around here, Julie and I had our work cut out for us. We took the year end physical inventory on January first. I had one other person in to assist us. It took us about eleven hours to complete. We were glad it was over because by the time we finished we were seeing numbers in our mind even when we closed our eyes. Then the business of reconciling our perpetual inventory ledgers with that of the actual count, plus extending some of those numbers takes us about three weeks because we have to sandwich it between that of our daily duties. We are done now and everything has been turned over to Gino for his final analysis. printed on recycled paper LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Monthly Report for January, 1998 STATISTICS The police department responded to 1,094 calls for service during the month of January. There were 14 Part I offenses reported. Those offenses included 1 criminal sexual conduct, 11 larcenies, and 2 vehicle thefts. There were 41 Part II offenses reported. Those offenses included 1 child abuse/neglect, 1 forgery/NSF checks, 4 narcotics, 1 weapon, 4 damage to property, 2 liquor law violation, 2 DUI's, 6 simple assaults, 7 domestics (4 with an assaults), 3 harassment's, 4 juvenile status, and 6 other offenses. The patrol division issued 94 adult citations and 3 juvenile citations. Parking violations accounted for an additional 39 tickets. Warnings were issued to 69 individuals for a variety of violations. There was one juvenile arrested for a felony. There were 17 adults and 4 juveniles arrested for misdemeanors. There were an additional 8 warrant arrests. The department assisted in 15 vehicle accidents, 3 with injuries. There were 31 medical emergencies and 35 animal complaints. Mound assisted other agencies on 18 occasions in January and requested assistance 5 times. Property valued at $6,045 was stolen and $4,210 was recovered in January. MOUND POLICE DEPARTMENT MONTHLY REPORT - JANUARY, 1998 II. INVESTIGATIONS The investigators worked on 5 child protection issues and one criminal sexual conduct case accounting for 60 hours of investigative time. Other cases included continued follow-up on the robbery, as well as cases involving assault, terroristic threats, damage to property, forgery, death investigation, missing person, NSF checks, counterfeit currency, theft, harassment, and absenting. Formal complaints were issued for stolen license plates, underage consumption, domestic assault, possession of marijuana, gross misdemeanor driving after cancellation, gross misdemeanor DWI and child endangerment, DWI, and no insurance. III. Personnel/Staff'm~ The department used approximately 23 hours of overtime during the month of January. Officers used 26hours of comp-time, 46 hours of vacation, 55 hours of sick time, and 25 holidays. Officers earned 55 hours of comp time. There were 9 shifts at double time for holidays worked IV. Officers attended training in firearms during the month of January as well as training in the investigation of internal affairs incidents, labor relations, and administration of orders for protection. Vo COMMUNITY SERVICES OFFICERS Officer's Packard and Piper addressed 22 animal complaints, 19 ordinance violations, and 390 miscellaneous calls for services. 6 citations were issued in January. MOUND POLICE DEPARTMENT JANUARY 1998 OFFENSES CLEARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV Homicide 0 0 0 0 0 Criminal Sexual Conduct I 1 0 0 0 Robbery 0 0 0 0 0 Aggravated Assault 0 0 0 0 0 Burglary 0 0 0 0 0 Larceny 11 1 0 I 0 Vehicle Theft 2 0 0 0 0 Arson 0 0 0 0 0 TOTAL PART II CRIMES 14 2 0 i Child Abuse/Neglect 1 0 0 1 1 Forgery/NSF Checks 1 0 0 0 0 Criminal Damage to Property 4 0 0 1 1 Weapons 1 0 0 0 0 Narcotic Laws 4 0 0 4 4 Liquor Laws 2 0 0 1 2 DWI 2 0 0 2 2 Simple Assault 6 0 2 2 2 Domestic Assault 4 0 1 3 3 Domestic (No Assault) 3 0 0 0 0 Harassment 3 0 0 0 0 Juvenile Status Offenses 4 0 0 3 0 Public Peace I i 0 0 0 Trespassing 0 0 0 0 0 Ail Other Offenses 5 1 0 2 2 TOTAL 41 2 3 19 17 4 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 12 3 0 31 35 18 920 1,019 HCCP Inspections 4 12 TOTAL 1,094 2O 17 5 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT JANUARY 1998 GENERAL ACTIVITY SU~Y Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS YEAR TO LAST YF2%R MONTH DATE TO DATE 33 33 64 61 61 85 14 14 13 53 53 99 51 51 82 39 39 86 2 2 14 1 1 10 12 12 10 3 3 4 0 0 0 0 0 1 24 24 37 1 1 0 5 5 2 14 14 7 41 41 44 31 31 23 35 35 55 12 12 0 920 920 512 TOTAL 1,352 1,352 1,148 Assists 60 60 55 Follow-Ups 82 82 33 HCCP 4 4 0 Mutual Aid Given 18 18 8 Mural Aid Requested 5 5 2 MOUND POLICE DEPARTMENT JANUARY 1998 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt Overweight Vehicles Miscellaneous Tags TOTAL 2 1 1 6 0 26 5 0 23 1 1 0 8 0 7 2 0 39 0 4 1 2 0 133 0 0 0 0 0 0 0 0 0 0 0 0 1 0 2 0 0 0 0 0 0 0 0 3 MOUND POLICE DEPARTMENT JANUARY 1997 WARNINGS Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor 23 12 17 0 0 1 0 0 0 5 58 6 2 2 0 0 0 0 0 0 1 11 Run: 29-Jan-98 14:57 PR003 Primary ISN's only: No Date Reported range: 01/01/98 - 01/25/98 ctivity codes: All Status: All Property Types: All Property Descs: All Brands: All Models: All Officers/Badges: All Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Tp Desc SN Stat Stolen Value MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Date Recov'd Recov'd Value Page Prop type Totals: 170 0 Prop type Totals: 5,000 4,200 Prop type Totals: 250 0 Prop type Totals: 45 0 Prop type Totals: 160 0 Prop type Totals: 410 0 Prop type Totals: 10 10 Totals: 6,045 4,210 Quantity Act Brand Model Off-1 Off-2 Code Assnd Assnd 1.000 3.000 1.000 1.000 2.000 2.000 6.000 16.000 Run: 2-Feb-98 14:47 CFS08 Primary ISN's only: NO Date Reported range: 01/01/98 - 01/25/98 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 26 9002 NO D/L, EXPIRED D/L 5 9014 STOP SIGN 1 9018 EQUIPMENT VIOLATION 8 9019 J-EQIPMENT VIOLATION 1 9021 J-CARELESS/RECF~LESS 1 9022 EXHIBITION DRIVING 1 9024 ILLEGAL/UNSAFE /~JRNS 2 9034 STOP ~J{M VIOLATION 1 9038 ALL OTHER TRAFFIC 2 9040 NO SEATBELT 2 9100 PARKING/ALL OTHER 3 9140 NO PARKING/WINTER HOURS 36 9200 DAS/DAR/DAC 6 9210 PLATES/NO-IMPROPER~EXPIP~ED 23 9220 NO INSURAJQCE/PROOF OF 7 9221 J-NO INSUI{ANC~/PROOF OF 2 9252 WARNING TAGS 1 9301 LOST PERSONS 3 9430 PERSONAL INJURY ACCIDENTS 3 9450 PROPERTY D;kMAGE ACCIDENTS 8 9451 H/R PROPER~ DAMAGE ACC. 4 Page Run: 2-Feb-98 14:47 CFS08 Primary ISN's only: Da~e Reported range: range each day: How Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: No 01/01/98 - 01/25/98 O0:OO - 23:59 Ail All All All All All All MOU~ POLICE DEPARlT~ENT Enfors Calls For Service INCIDF~ AN~JuYSIS BY ACTIVI'fY CODE ACTIVITY CODE NL~ER OF DESCRIPTION INCIDENTS 9561 DOG BITE 9564 DOG BAP. KING 9565 DOG LICENSE 9566 ANI~UtL ENFORCEMERFr TICKETS 9700 MEDICJ%L/SU 9710 MEDICAL/ASU MEDICAL/DOA 9730 9735 9740 9800 9801 9802 9900 9904 9920 9921 9930 9944 MEDICALS IOD INJlrRY MENTAL CASES ALL OTHER/UNCLASSIFIED DOMESTIC/NO ASSAULT PD-BLIC ASSIST ALL HCCP CASES OPEN DOOR/A~S INSPECTIONS DEPARlT~ENT INSPECTIONS CITATION H~UN APPLICATION bqgWANTED GUEST INFO/INT WARRANTS MISC. VIOLATIONS 1 1 1 4 1 2 1 27 1 2 1 3 2 4 6 1 1 7 1 6 8 1 9980 9990 Page 2 Run: 2-Feb-98 14:47 CFS08 Primary ISN's only: No Date Reported range: 01/01/98 - 01/25/98 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9992 9993 9994 A5352 A5502 AL351 AL352 AL551 AL554 C3312 DA540 DC500 J3501 J3E01 J3T01 L7052 M3005 M4102 M4140 M5313 M5350 N3030 MUTUAL AID/8100 8 MUTUAL AID/6500 6 MU/73AL AID/ ALL OTHER 4 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-ACQ DOM ASLT-MS-INFLT BODILY H/%RM-F~NDS-AD-FAM ASLT-DOMESTIC-MS-INFLT BODLY HRM-H~DS-ADLT-AC DOM ASLT-MS-FEAR BODILY FIARM-HANDS-AD-FAM DOM ASLT-MS-FEAR BODILY HARM-HANDS-CH-FAM FORGERY-MS-USES-CHECK-BUSINESS DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UN-K DRUGS-DRUG PARAPH-POSSESS-UNK-UNK TRAFF-ACCID-MS-DRIVE UNqDER INFLUENCE TRAF-ACC-MS-AL 10 MORE-UNK INJ-MV TRAF-ACC-MS-UND AGE DRINK DRIVE-UN-K-MOTOR VEH CSC 4-UNK ACT-POS AUTH-b-NDER 13-M JUVENILE-USE OF TOBACCO LIQUOR - SELLING LIQUOR-UNDERAGE CONSUMPTION 18-21 JI/VENILE-CURFEW JUVENILE-RUNAWAY DISTURB PEACE-MS-DISORDERLY CONDUCT Page Run: 2-Feb-98 14:47 CFS08 Primary ISN's only: NO Date Reported range: 01/01/98 - 01/25/98 range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE N73MBER OF DESCRIPTION INCIDENTS DISTURB PEACE-MS-HARRASSING COM~K3NICATIONS PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-PUBLIC-UNK INTENT THEFT-201-500-GM-BUILDING-MONEY N3190 P3110 P3120 TF021 TF159 THEFT-201-500-GM-MOTOR VEH-OTH PROP TG059 THEFT-LESS 200-MS-YARDS-OTHR PROP THEFT-LESS 200-MS-MAILS-OTHER PROP THEFT-LESS 200-MS-POSTAL-MONEY FRALTD-FE-FIN-TP~AN-CARD-NO CONSENT 501-2500 THEFT-MS-SHOPLIFTING-200 OR LESS VEH-MORE THAN 2500-FE-THEFT-SNOW VEH-201-500-GM-PARTS-MOTOR VEH-SNOWMOBILE WEAPONS-MS-POINTS-OTHER TYPE-NO CHAR CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION CRIM AGNST ADM JUST-MS-VIOL ~IARRASS REST ORDER TG171 U1553 U3288 VA024 VDll4 W3390 X3250 X3360 **** Report Totals: 297 Page Run~ 2-Feb~98 14:51 OFF01 Primary ISN's only: NO Da%e Reported range: 01/01/98 - 01/25/98 Time range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ACT ACTIVITY OFFENSES UN- ACTUAL CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ..... OFFENSES CLEARED - - - ADULT JI~;ENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED A5352 ASLT 5-MS-INFLICT BD HRM-PL~NDS-ASLT-AC 3 0 3 1 1 0 1 2 66.6 A55C2 ASLT 5-THRT BODILY F. ARM-NO WEAP-ADLT-ACQ 3 0 3 1 1 0 1 2 66.6 AL351 DOM ASLT-MS-INFLT BODILY HARM-HA/gDS-AD-FAM 2 0 2 0 2 0 0 2 100.0 AL352 ASLT-DOMESTIC-MS-INFLT BODLY HRM-H/qDS-ADLT-AC 1 0 1 0 1 0 0 1 100.0 AL551 DOM ASLT-MS-FEAR BODILY H~.RM-HANDS-AD-FAM 1 0 1 0 0 0 1 1 100.0 AL554 DOM ASLT-MS-FEAR BODILY HARM-H3%NDS-CH-FAM 1 0 1 0 1 0 0 1 100.0 C3312 FORGERY-MS-USES-CHECK-BUSINESS 1 0 1 1 0 0 0 0 0.0 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 1 0 1 0 1 0 0 1 10~ DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 3 0 3 0 3 0 0 3 100.0 J3501 TRAFF-ACCID-MS-DRIVE UNDER INFLUENCE 2 0 2 0 2 0 0 2 100.0 J3E01 TRAF-ACC-MS-AL 10 MORE-UNK INJ-MV 1 0 1 0 1 0 0 1 100.0 L7052 CSC 4-UNK ACT-POS AUTH-UNDER 13-M 1 1 0 0 0 0 0 0 0.0 M3005 JUVENILE-USE OF TOBACCO 2 0 2 0 0 2 0 2 100.0 M4102 LIQUOR - SELLING 1 0 1 1 0 0 0 0 0.0 M4140 LIQUOR-UNDERAGE CONSUMPTION 18-21 1 0 1 0 1 0 0 1 100.0 M5313 JUVENILE-CURFEW 1 0 1 0 0 1 0 1 100.0 M5350 JUVENILE-RUNAWAY 1 0 1 1 0 0 0 0 0.0 N0310 DISTURBING PEACE-UNK-STALKING-UNKNOWN 1 0 1 1 0 0 0 0 0.0 N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT 1 1 0 0 0 0 0 0 0.0 N3190 DISTURB PEACE-MS-HARRASSING COF~4UNICATIONS 2 0 2 2 0 0 0 0 0.0 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 3 0 3 3 0 0 0 0 0 P3120 PROP DAM~GE-MS-PUBLIC-UNK INTENT 1 0 1 0 1 0 0 1 100.0 TF021 THEFT-201-500~GM-BUILDING-MONEY 1 1 0 0 0 0 0 0 0.0 Run: 2-Feb~98 14:51 OFF01 Primary ISN's only: Date Reported range: ~ange each day: Dispositions: Activity codes: Officers/Badges: Grids: NO 01/01/98 - 01/25/98 00:O0 - 23:59 All All All All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED TF159 TG059 TG069 TG171 U1553 U3288 VA024 X3250 X3360 THEFT-201-500-GM-MOTOR VEH-OTH PROP 1 0 1 1 0 0 0 0 0.0 THEFT-LESS 200-MS-YARDS-OTHR PROP 1 0 1 1 0 0 0 0 0.0 THEFT-LESS 200-MS-MAILS-OTHER PROP 5 0 5 5 0 0 0 0 0.0 THEFT-LESS 200-MS-POSTAL-MONEY 1 0 1 1 0 0 0 0 0.0 FRAUD-FE-FIN-TRAN-C3LRD-NO CONSENT 501-2500 1 0 1 1 0 0 0 0 0.0 THEFT-MS-SHOPLIFTING-200 OR LESS 1 0 1 0 0 i 0 1 100.0 VEH-MORE ~ 2500-FE-THEFT-SNOW I 0 1 i 0 0 0 0 0.0 VEH-201-500-GM-PARTS-MOTOR VEH-SNOWMOBILE i 0 i I 0 0 0 0 0.0 CRIM AGNST ADMN JUST-MS-VIOL ORD PROTECTION I 0 i 0 i 0 0 1 100.0 CRIM AGNST ADM JUST-MS-VIOL HARP. ASS REST ORDER 1 1 0 0 0 0 0 0 0.0 Report Totals: 49 4 45 22 16 4 3 23 51.1 , JAN-30-1998 P.02/02' 14:29 MI NNEHAHA CREEK WATERSHED 6124710682 ,Minnehaha Creek Watershed District ImFoving Quality of Water, Quality Gray Freshwater Center H~s. 15 & 19. Navarre Mail: 2500 $hadywood Road ExceLsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Email: admln@minnehahecreek.org Wet) Site: www.mLnnehahacreek.org Board of Managers: D E. Thomas esident C. Woodrow Love Vice President Pamela G. Blixt Treasurer Monica Gross Secretary Thomas W, ~Bounty Thomas Maple, Jr. Malcolm Reid District Office: Diane P. Lynch District Administrator DATE: TO: FROM: RE: MEMORANDUM January 30, 1998 Stormwater Task Force . .~ Managers, MCWD Diane Lynch, District Administrator MEETING CANCI=LED & RESCHEDULED Please cancel the meeting previously scheduled for Tuesday, February 3 from 2:30-4:00 p.m.. It has been rescheduled for Tuesday, February 10_ from 2:30-4:00 p.m. at the Minnetonka Community Center. We will be getting out a new draft of the changes discussed early next week. I apologize for any inconvenience this may cause. Thank you. TOTAL P, 82 JRN-30-1998 14:29 6124710682 P.01/02 MI NNEHAHA CREEK WATERSHED STORMWATER TASK FORCE FAX LIST Annis, Daryl Charbonneau, .Rick Durgunoglu, Ali Eastling, Mike Elk/n, Philip Oappa, Greg Ooff, Bill Griffin, Tim Gross, Moniea Oustafson, Lee Haertel, Jim Hafner, Jun Houle, Wayne Knaeble, Peter Larsen, Jan Larson, Bob Lee, Jeff Love, Woody Lynch, Diane Maple, Tom Middleton, Amy Oliver, Jeff Panzer, lVEke Polston, Bob Poizin, Jodi Rardin, Mike Schw~lbe, Terry Smith, Louis Soderbeck, Gene Stadler, Steve Strauss, Ceil Young, Scott Laketown Township Siena Club 'HCD City of Richfield City of Chanhassen City of Orono City of Victoria Biko Assodates, ~c. MCWD City of Minnetonka BWSR MCWD City of Edina Terra Engineering Met Council City of Deephaven MCWD MCWD MCWD CBE City of C-olden Valley Wenck Associates, Inc, City of Mound City oflVfinneapolis City of St. Louis Park City of Wayzata Smith Parker/MCWD MPCA City of Hopkins DN'R Kust Envir. & Infi'astructure Phone# 442-5282 722-4942 544-8572 861-9792 937-1900 X105 473-7357 443-2363 529-8170 922-5356 939-8239 296-3767 471-0590 826-0443 593-9325 602-1159 474-4755 37O-4900 470-2552 471-0590 471-0590 824-8637 593-8034 4794207 472-0600 673-3000 924-2500 404-5312 344-].400 296-6300 939-1338 772-7914 551-2426 Fmx# .442-6465 379-3855 544-9437 861-9749 93%5739 473-0510 443-2110 928-8488 922-6652 939-8244 297-5615 471-0682 826-0390 593-9325 602-1130 474-1274 370-4831 474-9583 471-0682 471-0682 824-0506 593-3988 479-4242 472-5754 673-2048 924-2663 404-5318 344-1550 282-6247 939-1381 772-7977 551-2499 2/01197 TRI X CABLEVISION 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 56093 5071835-5975 FAX 507-835-4567 Januaw 29,1998 Mayor Bob Polston City of Mound 5341 Maywood Rd Mound MN 55364 Dear Mayor Polston: Effective March 1, 1998, Triax Cablevision is adjusting rates for Basic and Tier Service as outlined on the attached notification letter which has been mailed to all customers. During the past year, we have made several changes to our operations designed to improve the quality of service we provide our customers. These changes have included the installation of new telephone technology, the expansion of our staff, and the dedication and commitment to the improvement of our technical field services. While no rate adjustment is ever received favorably, these changes are necessary in order for us to continue to improve the level of service our customers deserve. As with any business, this change also reflects an adjustment for inflation, increases in programming expenses and other operating costs such as; insurance, vehicle maintenance, leases, and other regulatory requirements. Mayor Polston, on behalf of the entire Triax Cablevision team of employees we appreciate the opportunity to provide service to the City of Mound. Should you have any questions regarding this information, please feel free to contact me at any time at (507) 835-5992. Sincerely, Paul R. Pecora Regional Manager CABLEVISION 1504 2nd St. S.E., P.O. Box 110, Waseca, MN 560' Sales and Billing: 1-800-332-024b Repair: 1-800-422-1473 January29.1998 Dear Valued Customer: During the past year, we have worked diligently to provide you with quality service and programming options. In addition, we have focused on our operations, adding new features to enhance our telephone system, as well as increasing the size of our customer service staff. We also recognize the need to continue these efforts during 1998 as part of our continuing commitment to provide you more efficient service and improved service quality. During the next ~2~ree months, we will be introducing new billing periods, which will increase our operational efficiency. Those customers affected by this change will receive additional information in their billing statements. Effective March l. 1998. we are restructuring our rates. The new monthly rote for Basic Service will be adjusted to $11.87 from $11.60, an increase of $.27. The rate for Tier Service will be adjusted to $15.09 from $14.28. an increase of $.81. While we realize no rate increase is ever favorable, this change reflects an inflationary adjustment, increases in programming expenses and other operating costs such as; insurance, vehicle maintenance, leases, and other regulatory requirements. These new rates will allow us to continue to improve the quality of service and programming we provide to you, as well as remain co~npetitive in an ever-changing telecommunications induslry. In an effort to provide our customers with increased value, we have created and revised our discounted premium packages which offer cost saving options to many of our popular premium services such as: Encore/Starz 6.95/month Cinemax/Encore/Starz 11.95/month ShowtimefI'MC/Cinemax 18.95/month HBO/Cinemax/Encore/Starz 24.90/month Showtimerrhe Movie Channel H]30/Cinemax Showtime/TMC/Encore/Starz 13.95/month 17.95/month 17.95/month In closing, we would like to thank you for choosing us to be your entertainment provider, and we look fom'ard to meeting your needs in the future. If you have any suggestions on how we can serve you better, please send your comments to my attention at Triax Cablevision, P.O. Box 110, Waseca, MN, 56093. You ma3' also make comments to the City of Mound, 5341 Maywood Road, Mound, MN, 55364-1687. Sincerely, Paul R. Pecora Regional Manager Feb-02-98 14:01 City of Minnetrista 612 446 1311 P.O1 ...ATTENTION... Charlotte Erickson has decided to leave the mess on the desk behind. Char has been with the City of Minnetrista for 22 years, and the Administrator/Clerk for 16 years. She will be retiring on February 27. ~n honor of this new chapter in Char's life, City staff and friends are planning an informal Open House on March 8, at Minnetrista City Hall, 1:00 to 4:00 p.m. ]~nvitations are not being sent, so please pass along this message to anyone you think may be interested. Call 446-1660 if any questions. Feb-03-98 12:25A P.02 LAKE MINNETONKA CONSERVATION DISTRICT 2500 Shadywood Road, Suite 19 Excelsior, MN 55331 471-9588 EXECUTIVE DIRECTOR'S NEWSLETTER Gregory S. Nybeck January 23, 1998 Special Events: With the adoption of LMCD Ordinance 153 by the Board of Directors on 12/10/97, all special events on Lake Minnetonka, effective immediately, need to be permitted by the LMCD in addition to the Hennepin County Sheriff's Water Patrol, the MN DNR, and the municipalities affected by the event. A focal point for the LMCD getting involved again in the special permitting process on Lake Minnetonka is to ensure compliance with LMCD Ordinance 145. This ordinance is a further attempt, beyond Minnesota Statutes 84D.05 and 84D.09, to prevent the introduction of zebra mussels and other undesirable exotic species into Lake Minnetonka. · Management Plan Review: Starting in September of 1997, the LMCD Board and staff has meet on the first Wednesday of each month to review the Management Plan for Lake Minnetonka which was adopted in December, 1991. The purpose of these Workshop/ Planning Sessions is to review the Management Plan and decide where updates need to be made. The next scheduled Workshop/Planning Session is at 6 p.m. in the LMCD office on 2/4/98. · On-going Licenses: LMCD staff is currently processing all new and renewal without change applications for licensed multiple docks on Lake Minnetonka. New and renewal applications for charter boats and associated liquor, wine, and beer licenses have been sent out and are due in the LMCD office in the near future. Related correspondence to these on-going licenses will be forward to the member cities at our earliest convenience. Deicing ln.~tailations Update: Because of the unseasonable warm temperatures this winter, LMCD staff has been more active with this activity this winter. A letter was sent out to all licensed deicing installations in December reminding them of LMCD Code requirements, specifically fencing and signage, and encouraging them not to deice until the installation is in compliance with Code. Staff inspected all licensed installations with related correspondence forwarded to the licensees and the affected municipality. Please call the office if you have questions or concerns. Bil Hawks Boathouse: The civil lawsuits filed by Mr. Hawks against the LMCD challenging LMCD Code Section 2.12, Subd. 2, and the countersuit by the LMCD seeking an injunction requiring the storage boat to be removed from Lake Minnetonka, are still pending. Further details will be provided when available. Feb-03-98 12:26A P .03 EXECUTIVE DIRECTOR'S NEWSLETTER, 1123197, PAGE "Save the Lake" Recognition Banquet: The 31'~ anniversary "Save the Lake" Recognition Banquet is scheduled for Thursday, February 12, 1998 at Lord Fletcher's of the Lake. The program includes a featured presentation by State Senator Gen Olson, recognition to the co-recipients of the Special Deputy Award, a salute to four retired LMCD Board of Directors, and 1998 LMCD Program Priorities. For those interested in attending, reservations need to be received in the office by 2/5/98 (471-9588). WebPage: The LMCD has established a WebPage for use by the public. assortment of information is provided. Our WebPage address is: http://www, winternet, cow./'lmccl/ A wide LAKE MINNETONKA CONSERVATION DISTRICT 2500 SHADYWOOD ROAD, SUITE 19 · EXCELSIOR, MINNESOTA 55331 · TELEPHONE 612,'471-9588 · FAX 612/471-0632 Gregory S. Nybeck, EXECUTIVE DIRECTOR BOARD MEMBERS February 4, Douglas E. Babcock Chair, Tonka Bay Bert Foster TO: Vice Chair, Deephaven Eugene Partyka Secretary, Minnetrista Craig Nelson Treasurer, Spring Park Andrea Ahrens Mound Bob Ambrose FROM: Wayzata Kent Dahlen Uinnetonka Beach S'U]~--,CT: Tom Gilman Excelsior LJli McMillan Orono Robert Rascop Shorewood Herb J. Suerth Woodland Sheldon Wert Greenwood 1998 RECEIVED LMCD Mayors LMCD City Councils LlVICD City Administrators Interested Parties Ben Foster, Vice Chairman Access/Car Trailer Parking on Lake Minnetonka and LCMR Funding Application At our last Board meeting (1-14-98), LMCD Chair Doug Babcock was out of town and I was privileged to chair the meeting. I received several phone calls from Mayors before the meeting and we were honored to have three mayors in attendance at thc meeting. Minnetonka Victoria There was concern expressed about the LMCD's intention to make application to thc Legislative Commission on Minnesota Resources (LCMR) for 5 million dollars in funds for added or improved car trailer parking facilities on the Lake. The LCMR funds come from the lottery and are available for capital improvement projects that will help the environment. Biannually, there are about $500 million in requests for $30 million in funds. Some of the concerns noted by the mayors were: a cities land use plan may differ from the LMCD lake use plan, was the LMCD going to own and operate launch ramps (NO), would the cities have any say in what was going on (they would have veto power), would the cities be informed early in the process (within 5 working days of the DNR obtaining an option on a piece of property), where were these new or improved launch ramps going to be located (see the task force report), would they add too many boats and crowd the lake (see below), and would property be taken off the city's tax rolls (see below). 60% Recyclerl Content 30% Post Consumer Waste Concluding in 1993 after more than 25 meetings spanning a year and a half, the LMCD wrote the 1992 Lake Minnetonka Lake Access Task Force Report that was agreed to by all panics interested in the Lake. That report is enclosed for your review. That report confirmed the need for 700 quality, car trailer spaces near existing or new launch ramps. There were approximately 250 car trailer spaces in existence in 1992 that could be certified by the LMCD to meet the physical standards defined in the Task force report. Web Page Address: http://www.winternet.com/-Imcd/ E-mail Address: Imcd@winternet.com LCMR Funding Application Memo, 1/4/98, Page 2 Thc DNR, who in the past had simply bought property and installed launch ramps, agreed to work more closely with the cities and the LMCD to make sure that all parties are in agreement with any new launch ramp development. The DNR agreed to inform the LMCD and the Cities within 5 working days of taking an option on a piece of property and to hold as many public meetings as needed in order to fully inform all parties and to gain agreement from all parties before a property is purchased or developed. We had a good discussion of all items at the 1-14-98 LMCD Board meeting and I believe came away with a general agreement of the mayors in attendance, the DNR, and the LMCD Board; that the LMCD would go forward with the LCMR grant application to try and obtain funding while the DNR was trying to find willing sellers from thc list of possible sites in the task force report. The LMCD does not want to own or operate the launch ramps. It wants to get the process started and to help move it along. The ramps could be owned by the city, the DNR, thc County, or Hennepin Parks, depending on what the city wants. Does a new quality car trailer parking lot and launch ramp increase the boats on the lake? Under the task force plan the answer is "NO", because the plan calls for all on street parking to be signed "no car trailer parking" after a new ramp is developed. In the meeting, the Mayor of Orono noted that there has been an overall net reduction in boat density on Maxwell Bay during peak hours since the new launch ramp was built. This overall net reduction was achieved at Maxwell Bay by replacing a commercial marina facility with a smaller launching facility and by eliminating a significant amount of on street parking. The Maxwell Bay launch ramp property was taken off the tax roll and the city didn't receive any direct compensation. The task force report calls for all cities to share in providing launch ramps and if a particular city can't or doesn't want to host a launch ramp it might be asked to help other cities that are willing to do so. At the 1/28/98 meeting, the LMCD Board tabled consideration of the draft LCMR application to allow staff to consider adding some diversification of projects on the application, to allow staff to draft a memorandum of understanding with the DNR and the cities, and to allow staff to make some editorial changes to the application. It is expected that the LMCD board will approve the final application at its 2-11-98 meeting, in time for it to be filed by the deadline of 2-13-98. If the LCMR grants funds to the LMCD, they would become available in July, 1999. Feel free to call me at home at night, 473-2240, or call the LMCD office, 471- 9588, if you have questions or concerns regarding this matter. LMCD Chair Babcock is also available at 474-2370 or 896-0047. REPORT OF THE 1992 LAKE MINNETONKA LAKE ACCESS TASK FORCE To The Lake Minnetonka Conservation District July 27, 1994 1992 I~CD Lake ~ ~__~__ Ta~k F~ce ~ TABLE OF CONTENTS Summary and Conclusions History and Background ........................................................................................ 3 Introduction Task Force Goals Existing Access Goal of 700 Car/Trailer Parking Spaces ................................................................. 6 Elimination of Street Car/Trailer Parking ............................................................... 7 Parking Standards for Car/Trailer Parking ............................................................. 7 Parking Invemory .................................................................................................. 8 Parking Agreements and DNR Cost Sharing .......................................................... 9 New Access Sites .................................................................................................. 10 Equitable Distribution Marina Potential for Lake Access ......................................................................... .' 10 Proceedings Summary .......................................................................................... 11 Acknowl~dgrnents ............... Appendix: 1 Roster of'Members .......... 2 Map of'Access Sites, Commercial Marinas ..................................... 13 3 Parking Standards ................................................... , ...................... 14 4 Current and Potential car/trailer parking inventory ......................... '.' 16 $ Lake access rnodd parking agreernem ............................................ 17 6 h~mnesota DNR Landowners Bill of Rights .................................... 20 7 Lake l~finnetonka DNK Acquisition Process ................................... 23 $ Access site evaluation criteria ......................................................... 25 9 Lake Zone Map .............................................................................. 26 10 Proceedings Summary ................................................................... 27 " 199~ LMCD ~ ~ A~ Taxk Fore ~ SUMMARY AND CONCLUSIONS l. Access to Lake Minnetonka via riparian homeowners, commercial marinas, yacht clubs, out lot docks, and municipal docks primarily for non-riparian property owners is significant in quantity and per~nt of overall access and generally of high quality. 2. There is a lack of quality, free, reliable car/trailer parking for boats wanting to access Lake M/unetonka via boat launch ramps. There is not a lack of poor quality free car/trailer parking. Currently, there are over 700 spaces used on the busiest days. 3. Poor quality parking results in residents complaining about boater's intrusive behavior and excessive traffic congestion. It r~ults in extreme frustration by boaters over the lack ora decent place to park to go boating on Lake lVfumetonka This generates tension between the local community interest and the car/trailer boater interest. o Ii'the car/trailers currently parked near the lake could be put in well orgsnized places with adequate, safe parking conditions with car/trailer mmarounds, the local communities would benefit from reduced congestion and less intrusion on their neighborhoods. The task force reaffirmed the conclusions of two prior studies that 700 high quality, free, - reliable car/trailer parking spaces are fair and reasonable for Lake l~nnetonka'and are achievable. The Task Force concluded that when quality .free reliable car/trailer parking spaces are provided in a zone, all other street car/trailer parking ought to be dosed in that zone with enforced "no car trailer parking signs" Because over 700 car/trailer spots are used today, providing 700 quality free, reliable, car/trailer spaces will not increase the number of boats on the lake but actually create a modest reduction. Every other year, the Lake Minnetonka Conservation District (LMCD) is to certify Coy count) and publish on a map showing the locations and the number of free, reliable, car/trailer parking spaces that meet the standards established by this task force. Car/trailer parking meeting the physical standards noted elsewhere in this report will be certifiable by the LMCD as counting toward the 700 goal on the following basis. a. 100% of the street or remote lot parking spaces will count if: · There is a parking agreement OR · The street or remote parking is posted "car/trailer only" b. 80% of the street or remote lot parking space~ will count if: · There are signs at the launch ramp showing where to park. · There are street signs pointing out the direction to the launch ramp · The ramp and parking location can be put on an access map. c. 60% of the street or remote lot parking spaces will count if: · none of the above conditions are md Page 1 lf~2 LMCD ! ~.~,- ~ ~ T~k F~ ~ d. The LMCD will work coopera~ely with the cities, Hennepin Couaty, and the Depnm~ent of Natural Resources (DNR) to replace spaces should they be lost for car trailer parkiag. 10. Existing ramps without tumarounds that require backing car/trailers offbusy county roads or city meets should be dosed only after a quality facility meeting the standards has been completed to replace it. ] l. To neb[eve the goal of 700 ear/trailer parking spaces cooperation is needed a. Additional parking agreements are needed for as many existing sites as possible. This may include payments by the Dh'P. under cooperative agreements. b. Some street and remote lots need "car/trailer only" signs. c. Signs need to be placed at launch ramps showing where to park. d. Street signs need to be installed showing direction to the ramps. e. The LMCD and the DN'R need to negotiate with some commercial marinas to provide free car/trailer parking for the public that can be certified. Negotiations may include payments by the DN'R and/or other incentives by the LMCD. f. Make ready docks need to be installed at ramps where remote car/trailer parking is used. g. New access sites (launch ramps) need to be developed with the cooperation of the local cities, the LMCD, the DNR, and with other agencies of government. The majority of funding ought to come fi.om regional and/or state sources. Cities are not usually expected to pay a significant portion of improved car~er parking even though their local community may benefit The 1993 LMCD Car/Trailer Parkir Inver to Total In Use thnt_ Meet Total 1992 Total inthe Additional Total In ~ and Total in Use thatReliability Futur~ Use Potential Use or Meet theStanda~ & Planned Planned Parking Space Car/Traile~ AvailablePhysicalLMCD to be LMCD Categories inventory T~_~y Stn-dn_rcl C_-~tif~ Certi~ed In Access Lots 36O 259 239 239 124 363 In Remote lots 93 93 70 43 2'/ 70 On the Street 282! 215 114 97 17 (1) 83 G~ TOTAL 735i ~67 423 3?9 16~ S16 (1) 31 ,.~;~;t-~ ?~.~_ will he elimi~n~d ~ ,~..~._...~.~.r~' 13. For the new public access at Maxwell Bay successful cooperation with Orono and additional regional or state funding will be required. 14. Car/trailer access must be distributed equitably around the lake. When a community can not provide access, that community needs to help fund accesses in neighboring communities. Communities without access may be asked to pay an equitable share for maintenance to communities with car/trailer parking. Page 2 " 1992 LMCD !al~ Mmnetcuka Access Task F~v.e Reimrt HISTORY AND BACKGROUND Launch ramps and car-uailer parking at Lake ]V[innetonka have been under disod~iOI1 for many years. The Minnesota State Constitution states that the waters of the state will be free and open to the public. The Department of Nantral Resources (DN'R.) in response to the Outdoor Recreation Act 1975 (lVlinnesota Statue $6A.01-11) established a policy to "provide free and adequate public access to all of lVfmnesota's lakes consistent with demand and resource capabilities". This policy has been carried out throughout the state, usually with the cooperation of the local community which usually sees a launch ramp with free car/nailer parking as a benefit. To obtain this free access, the DNR. set policies for what constitutes reliable, flee car/wailer parking. The DNK attempts to utilize the following guidelines: 1. One car/trailer parking space for every 20 acres of lake surface Lake Minnetonka's 14,000 acres requires a minimum of' 700 spaces. 2. Ramps with remote lots must have signs showing where to park the car/trailer. 3. There must be street si~gns on major roads near the ramp showing the direction to the ramp. 4. Car/trailer parking spaces must be in sight and less than 1500 feet from the launch ramp. 5. Street or remote lot parking doesnt count. 6. Car/trailer parking spaces must be available 24 hours per day, 7 days per week. 7. Car only spots for car-top boats don't count. 8. Parking must be free except in parks where the same fee is charged all park users. Because the DNR did not recognize existing car/trailer parking spaces that did not meet their standards they determined that there were only 143 car/trailer parking spaces on Lake lYfmnetonka. They published information and testified before various bodies that there were only 143 car/trailer parking spaces for Lake 1W_mnetonka when there should be 700 minimum according to their standard of one per twenty acres. People outside the lake area communities got the impression that the Lake area was trying to keep people off "their lake" so they could keep it for themselves. The DN-R continued to pursue a policy of trying to obtain launch ramps and car/trailer parking on Lake 1Vfmnetonka. On the other hand, the local lake area communities believed counts showing 1,000 to 1,200 empty trailers attached to ears parked around the lake on the busiest days. They claimed there were substantially more than the 700 ear/trailer parking spaces and the lake didnk need any more ear/trailer parking. In fact, they claimed that the boats off.the trailers were the major cause of the increased crowding, on the lake. What followed was more than a decade of struggles between the DNR. and the local Lake liKmnetonka communities over launch ramps and free car/trailer parking. In 1982, the DN-R announced plans to purchase property at King's Point to develop a launch ramp with free car/trailer parking that met their standards. The local communities claimed 1,200 ear/trailer spaces existed and vigorously objected to the DNR plan. In 1983, an appeal to the governor resulted in the launch ramp project being canceled and a Governor's Access Study Commission being appointed to study access on Lake lVfmnetonka. (The King's Point launch ramp was built in 1987). The commission issued a report that: 1. Public parking availability is a crucial component of adequate boat launch facilities. 2. 700 car/trailer parking spaces is fair and reasonable for Lake lVtinnetonka. 3. Equitable dism'bution of ear/trailer parking around the lake is desirable. 4. Parking standards for Lake l~nnetonka may need to be adjusted. Page 3 1992 LMCD D,~,- ~ Access T~k F~a'~e Report After the report was issued, there was no rush to build the 700 car/trailer parldng places by any body or agency. The lake area communities believed there were more than the 700 car/irailer parking spaces called for in the report a~d the lake d/dn~ need another 700. They quest/oned why the local communities should pay to build car/trailer parking for people oukside their area, even though community residents were also users. Because of the lack of action in providing for the needed car/uailer parking, the Metropolitan Council did another lake access study in 1985. It confirmed the 700 car/trailer parking space amount as being a fair and reasonable number. In 1987, as a result of no action in providing car/trailer parking spaces and no plans to build them, the Metropolitan Council told the LMCD that they would seek state legislative action for a regional or state agency to take over governing of Lake 1VCannetonka to be assured the car/trailer parking was provided, unless the LMCD prepared a formal plan showing how the car/trailer parking would be accomplished. The LMCD believed the car/trailer parking could not'be considered without developing an overall long range management plan for the lake that would include adequate free car/trailer parking. The LMCD Management Plan was published at the end of 1990 and approved in December 1991. The LMCD Management Plan which the DNR, the Metropolitan Council, the dries and many others helped develop, rea/finned the 700 car/trailer parking space goal as being fair and reasonable. Three additional fundamental points were discussed: 1. For Lake lVfmnetonit,_ 700 parking spaces would be both the mln~mum and the maximul~ 2. Once the 700 car/trailer spaces are established, other meet car/trailer parking ought to be eliminated. The dries and the county will be encouraged to erect and enforce 'no car/trailer parking' signs as long as the 700 goal continues to be met. 3. The LMCD, with assistance from the DNK, should review the existing parking quality standards to determine if some adjustments could be made for the special situation on Lake ~mnetonka. In the fall of 1991, the DNR took an option on property on Maxwen Bay with the intent of developing a launch ramp with free car/trailer parking. Objections surfaced in the city of Orono. Orono tried to persuade the DNR not to exercise its option on the property until a plan for the entire lake was developed according to the IA/CD management plan. At this time, the LMCD was just beginning to organize its Access Committee. ~rhen the DN'R purchased the Maxwell Bay property, the DNR commissioner wrote a letter to both the LMCD and the city of Orono. The letter stated that the DN-R would postpone development of the Maxwell Bay property until a task force appointed by the LMCD developed a detailed plan for car/trailer parking for ail of Lake lVfmnetonka. Page 4 " 1992 LMCD Lak~ Minnem~ka Rcce~ Task Force Report INTRODUCTION ' The Lake Access Task Force was recommended by the com~i~!oner of the DNR, and convened by a LMCD resolution in January, 1992. The purpose of this tad~ force was to develop a detailed plan to mee~ the lake access objectives in the LMCD Manag~nent Plan for Lake IVfinnetonka. The LMCD invited representatives from .- 1. Its member cities 2. Government agencies sharing respons~ility for the management ofLake l~annetonka, including; the DNR, Melropolitan Council, Hennepin County, Hennepin Parks, the lVFmuehaha Creek Watershed District 0vtCWD), and others. 3. Interested citizen's groups such as the Minnesota Sportfi~hlng Congress (MSC), Fisherman Advocating Intelligent Regulation (FAIR), the Lake Ef~nnetonka Lakeshore Owners Association (LMLOA), and others For a roster, see APPENDIX l, page 12. Subcommittees of this group conducted detailed studies and submitted their reports to the task force. Meetings began in March of 1992 and continued through May of 1993. Stafffrom the LMCD and the DNR assisted. Participants gave generously of their time and support. The LMCD Lake Access Committee drained this final report. Appendices to this report contain information to document: 1. Task Force spokespersons (ORIGINAL DESIGNEES) 2. Exis~ng public access sites and commercial marinas (map 1) 3. Standards for car/trailer parking; 4. 1992 Current and Potential Car/Trailer Parking Inventory 5. Model Parking Agreement 6. DNR Landowner's Bill of Rights 7. DNR Acquisition Procedure 8. Access site criteria for evaluation 9. Lake Zone Map 2 10. Proceedings summary The 1. 2. 3. 4. 5. 6. 7. 8. 9. TASK FORCE GOALS goals adopted by the 1992 Task Force were to: Review all types of existing boater access to Lake l~mnetonk~* Affu~ the prior goal of 700 certifiable car/trailer parking spaces for reliable free public access to Lake Minnetonka. Affu-m the Management Plan goal of closing street parking to car/trailers as the 700 car/trailer parking goal is reached. Establish s~andards for certifying car/trailer parking that meet the special needs of Lake Minnetonka and the boating public. Conduct a reliable, detailed inventory of existing car/~iler parking spaces. Count potential car/trailer parking spaces. Develop a model car/trailer parking agreement and obtain agreements where posm'ble. Explore prospective access sites and develop a list of sites for potential development. Review the principle and define equitable dism~ution. Examine the posm~ility for commercial ~ tO provide some free public car/tr~er par~o Page 1992 LMCD l.aK,. ~ Access Task Fm~e Report * The focus of this Task Force was on the free public access to the lake via car/trailer parki~ at boat launch ramps. In the process of this study, a review was made ofmany other kinds of access, see APPENDIX 2, page 13. EXISTING ACCESS The Task Force reviewed the studies done by the LMCD, DNR, earlier task forces, 1991 and 1992 LMCD boat count, the 1992 LMLOA car/trailer count study, and the 1993 Jabbour aerial car/u'ailer survey. The following table categorizes access to Lake l~nn~ollka. Boat Storage Count and Nice Weekend In Use Boat Count by Origination 1992 Max Ave Percent Boats Percent of Boats Peak Peak of Stored Stored that are Count Use Boats at docks Active on the Water Count On the & Racks Water Where Boats Originate (4) (1) Max?_ U_Avg?_ c__(2)(5) (3)(5)($) Riparian Residents & Out Lots 5,973 9°,4 6% 530 379 29 Comm~ Marinas & Yacht Clubs1,862 29% 21% 549 392 30 Municipal docks 1,012 33% 23% 329 235 18 Car/trailer launch ramp 421 300 23% TOTAL 8,847 1,829 1,306 100 ]~r~m 1 OOO T ~g~r~ ~__A ,~_ ,. . . 1. Boat Counl adjusted by estimating empty racks & unremed slips at Commercial Marinas, Yacht Clubs, and Municipal docks 2.Single Weekend Day Peak Use Study: 1984=1836, 1986=2142, 1987=2252, 1992=1829 3.Average Weekend PeakUseStudy: 1984=1318, 1986=1453, 1987--1370, 1992=1306 4. Active maximum peak use count uses estimate assuming the average peak use proportions remain constant for the maximum peak use. 5.1992 LMCD/DNR aerial count of boats in use on nice Saturday and Sunday afternoons. GOAL OF 700 CAR/TRAILER PARKING SPACES The task force confirmed the goal of 700 reliable flee car/trailer parking spaces (meeting the standards of appendix 3) and agreed with the goal of closing street parking to car/trailers as the 700 car/trailer parking goal becomes established. This agrees with the 1991 LMCD Management Plan. It is compau'ole with the policy of one parking place for every 20 acres of water surface, h is the minimum number of spaces required under the DNR public water access program in the metropolitan area. The goal of 700 was first established by the task forces of 1983 and confirmed in the study of 1986. h is conservative, considering that the demand for boating recreation exceeds 1 parking space per 20 acres of water on most of the metropolitan area lakes. Compared to standards in other parts of the country, it is also .conservative. Some states provide 1 parking space per 10 acres of water surface. Page 6 1 ~2 LIVICD I ..~. IVlinue~ Access Task The Task Force considered lowering the goal. The Lake Minnetonlrs Lake Shore Owners Association (LMLOA) believes that ?00 parking spaces would increase boat density and reduce the enjoyment of the lake by lakeshore users. Talcing into consideration that there are over ?00 car/trailer spaces used to access the lake now, and street parking will be elimlns~;ed when the ?00 goal is reached, the net effect be fewer boats on the lake and no increases in density. Thus, the 700 goal was r~ed. ELIMINATION OF STREET CAR/TRAILER PARKING There was consideration in the I2VICD Management Plan whereby other street car/trailer parking would be eliminated as the goal of ?00 was being established, and when the ?00 goal was complete, all other street parking ought to be removed as a way of limiting crowding on the lake. Task Force data made clear that currently, on a good day many more than ?00 car/trailers are parked around the lake. Therefore, when the 700 goal is met and other street parking is abolished there will be a net decrease in boats on the lake from car/wailers. PARKING STANDARDS FOR CAR/TRAILER PARKING Earlier task force parking standards for quality, reliable flee car/trailer parking for Lake 1Vfmnetonka were reviewed. Access design, location of parking, security of personal property, and safety ofboaters maneuvering their car/trailers, were among considerations discussed in reaching agreement on the physical standards. After much discussion the Task Force adopted the following physical standards: see APPENDIX 3, pages 14 and 15: 1. 700 is a fair and reasonable munber without increases in the future. 2. Car/waller parking must be within 2000 feet of the ramp. 3. Street or remote lot car/trailer parking over 1500 feet from a ramp must have a make ready dock.. 4. 350 of the 700 spaces must be available 7 days per week, 24 hours per day. 700 must be available on weekends, of which 350 m~y have ]inlited hours. 5. Up to 10% of the spaces at any one ramp may be spaces for cars only (assumes ca'top boats). 6. Parking must be free except in parks where the same fee is charged all park users. 7. Ramps offbusy highways or streets must have a turnaround to prevent car/trailers from backing down fi.om busy roads. The Task Force agreed that every other year the LMCD should take a physical inventory of the actual car/trailer parking around the lake and certify the number that meet the above physical standards as well as reliability standards listed below.. Car/trailer parking space meeting the physical standards listed in APPENDIX 3 will be certifiable by ~e LMCD as counting toward the 700 goal on the following basis: a. 100% of the street or remote lot parking spaces will count if: · There is a parking agreement OR · The street or remote parking is signed "ear/trailer only" b. 80% of the street or remote lot parking spaces will count if: · There are signs at the launch ramp showing where to park. · There are street signs pointing out the direction to the !.~-nch ramp. · The ramp and parking locations can be put on an access map c. 60% of the street or remote lot parking spaces will count if none of the above are met. Reliable parlclng meets the standards of appendix 3. The Task Force recommends upgrading all parking to reduce undesirable parlcl.g. The changes from prior standards allow the Task Force greater flexibiliw Page 7 IgC2 LMCD L~c ~~. Access Te.sk Foa:~ Report in ce~g more carArdl~- parking spaces. As can 1~ seen in ~ repo~ the number increased from 143 to 516. - - PARKING INVENTORY To detem~e the numbe~ of ex/sting and potential car/tr~er parking spaces capable of being certi~ed to the newly adopted standards, data was gathered from a variety of sources and in a number of ways. Site lists were provid~ by LMCD member cities. Site visits were made and aerial photographs were used. Spaces inventoried included: 1. Parking in on-site lots at existing lake access points 2. Available on-street parking within 2,000 feet 3. Off-site lots, public and private 4. Future additional committed spaces 5. Car/wailer parking spaces potentially available The total potential car/tra/ler parking spaces certifiable to the new physical standards was 735. The or/g/md inventory is in APPENDIX 4, page 16. Substantially higher numbers of car/wailers are being parked free at peak times in good weather than the inventory has identified. The 1993 LMCD Car/Trailer Parking 1992 Total In Use Total Curm~ ~na Total in that Meet the Additional Total in Potential Total Use that Reliability Futura Use Parking Space Car/Trailer In Use or Meet the S~-~i & P~-~ed Phnned Categories Inventory Avnil~hl¢ Physical LMCD lo be LMCD .... (I) Today ~..a.~ ~ _P~n~/_ed C~--H,~_ in Access Lots North Arm 65 i0 80 80 0 80 Grays Bay Csway 37 37 17 17 0 17 Grays Bay Dam 20 20 20 20 01 20 Spring Park 148 86 86 86 01 86 Kings Point 0 32 32 32 0 32 Phelps Bay 10 4 4 41 0 4 Henn. Reg. Park 80 0 0 0 48 48 Maxwell Bay N/A 0 - 0 0 76 76 SUBTOTAL 360 259 239 239, ]24 363 In Ret. ore lots Carsons Bay 93 93 70 43 27~ 70 On the Street - North Ann 31 31 31 31 0 (2) 0 W'diiams St. 40 40 40 40 0 40 Cooks Bay 110 43 43 26 17 43 Wayzata Bay 101 101 0 0 0 0 SUBTOTAL 282 215 ! 14 97 17 83 GRAND TOTAL 735' 567 423 379 168 516 Page 8 q Il 19~2 LMC:D lake Mianetaah Access Ta.~: F~a~,e Relx~ (1) Includes credit for spaces reserved in lots for car top carried watercTa~ 7 at North Arm Access, and 3 at G~ays Bay Dam. (2) 31 car/trailer spaces will be eliminated in the vicinity of North Arm and Maxwell Bay as pan of an agreemem with Orono when the DNR access at Maxw~ Bay is in operation. The Task Force reco~ there is additional car/trailer parking beyond 2000 feet that is available today and not pan of the above count. It, also, recognizes there are additional small launch ramps in use and available today that are not in the above count. This report adopts a new and lower inventory in an effort to be very conservative after consultation with Hermepin County and the cities. The revised total inventory of $16 car trailer spaces represents parking that is available now, or that can reasonably be made available on a stable long-term basis. There are approximately 379 car/trailer parking spaces currently available and that are being certified by the LMCD. Of'these, approximately 282 spaces are in public access lots. An additional 97 spaces are in on-street parking sites. ApproximAtely 168 future spaces are either committed or negotiable. Note that when Maxwell Bay is completed, 31 on street spaces will be eliminated. This results in a total of 516 potential car/trailer parking spaces that are now believed to be available or planned and which meet the new parking standards and that can be certified by the LMCD. Parking agreements need to be reached with communities, counties, agencies and private commercial m~rinas to convert some existing parking fi.om uncertified to certified. PARKING AGREEMENTS AND DNR COST SHARING One result of the 1986 task force was the improvement in the process that secures parking spaces at or near existing public access sites that can be considered to be "reliable". To make new or existing parking reliable over the years a parking agreement can be secured with the property owner that requires the car/trailer parking to remain available in place unless canceled under the agreement. Ii'the parking spaces are lost, a good faith effort will be made to replace them with other parking spaces somewhere else. The LMCD and the DNR will assist communities to relocate them. The Task Force continued this recommendation and developed a current model agreement. The Lake Access Parking Agreement form for evaluating public access parking agreements are provided in APPENDIX 5, pages 1%19. These agreements should be between the LMCD and the local unit of government or property owner. The DNR. will assist with these agreements by providing funding where appropriate. The DN-R. can share cost with cities and/or agencies on access and parking facilities improvement, including land acquisition. The DNR by cooperative agreement can reimburse cities for dedicated free car/trailer parking. The DNR Landowner's Bill of Rights describes the procedure used by the DlqR in the purchase of potential access sites. The Lake l~_mnetonka acquisition process is the DNR commitment to work cooperatively in this area. see APPENDDC 6 and 7 pages 20-24. The first agreement was signed in May of 1993 with the City oflVlinnetrista. The agreement with that city was for a total of 44 parking spaces at the following sites: l. W'flliams Street in Halsteds Bay: 40 car/trailer parking spaces 2. Tuxedo Boulevard in Phelps Bay: 4 car/trailer parking spaces Page 9 1992 LMCD Lake Mi-,~,m:mka Acce~ Task Force Other sites ~ have a high potential for adding to rdiable paring by ~r~nent, 1. Orono: a. Hennepin County North Arm ramp and on-site lot (80 spaces) b. County Road 51, serving Hennepin County North Arm ramp O 1 spaces) 2. Spring Park, Spring Park Bay, with accompanying county maint~,nce yard nearby in Orono (86 spaces) 3. Deephaven: a. Carsons Bay, lV~nnetonka Blvd. ramp with city maintenance lot (30 spaces) b. Carsons Bay, lM~nnetonks Blvd. ramp with school lot on V'mehil! Road (40 spaces) 4. Wayzata: Wayzata Bay County Road 16 ramp, County Road 16 (40 spaces) 5. Mound: Mound Park Bay ramp, Cooks Bay (43 spaces) NEW ACCESS SITES The Task Force recommends the following sites as having the potential for becoming lake access sites. The SiTe Evaluation Criteria are provided in APPENDIX 8, page 25. Potential Sites 1. Tonka Bay City Dock, channel to Gideoas Bay 2. Timber Lane, Gideons Bay, Shorewood 3. Mai-Tai Restaurant Site, Excelsior Bay, Excelsior (property was sold) 4. 456 Arlington Ave., Wayzata Bay (private residence), Wayzata 5. Pelican Point, Spring Park Bay, Mound 6. Lost Lake, Cooks Bay, Mound 7. Advance Machine, West Arm, Spring Park Grays Bay Causeway The unimproved substandard public access on Trunk I-~ghway 101 will not be redeveloped as pl~ned. This represents a setback for public access development. The 32 spaces planned for the causeway had been considered committed. The 1~umesota Department of Transportation has abandoned plans to improve the site. However, Wayzata and ~fumetonka are continuing discussions about imProvements at the site. Max'well Bay Up to 76 additional car/trailer parking spaces may be provided when the launch ramp is in place at · Maxwell Bay, Orono. This site continues to be examined. DNR Trails & Waterways and the City of Orono are negotiating to purchase alternate properties. EQUITABLE DISTRIBUTION Subcommittees discussed equitable distribution of car/trailer parking at Lake l~'m~o~ The principle adopted in earlier task force reports of dividing the lake into zones with equitable distn'bution was endorsed, see APPENDIX 9, page 26. Each city is encouraged to contribute to the overall goal. If it cannot contribute it may be asked to make voluntary payments for msi~en,nce to those cities who do provide car/trailer access. Page 10 Cl'l 3 ' ' 1~92 LMCD I,~ke Mimmumka Acce~ T~k Fcr~e Rep~ MARINA POTENTIAL FOR LAKE ACCESS' During the summer months most m,,irm~ have relatively empty boat storage lots that have the potential for parking car/trailers if the marina has a launch ramp. Many now provide some fee based boat launching service. These marinas could poss~ly provide some free car/u'ailer parking and ramp use to the public. The operators or owners might expect some type of reimbursement. The DNR could possibly provide funding and the LMCD will cooperate. The Task Force identified six conditions and issues to be considered in determining the potential free public access use of marinas: 1. Ability to extend existing capadty. 2. Extent to which a m-~u~ already serves the public through fee paid ~:z:ess. (Fee paid public access does not meet the definition of free and open public access.) 3. Attitude of nearby homeowners toward public access use. 4. Duration of public use, considered for a trial basis only until proven fea.m'ble. 5. Management issues, such as reserving parking for public use, and compensation to the marina owner consistent with public access operations and public policy. 6. Possible DNR funding constraints from annual operations budgets and overall cost effectiveness. PROCEEDINGS SUMMARY The Lake Access Task Force study is documented in a proceedings summary. This chronology highlights the various subcommittee, committee, and Task Force meetings which took place among city, agency, and community org~iT~tions. These groups participated in the research, deh'berations and consensus findings. See APPENDIX 10, pages 27-35. ACKNOWLEDGMENTS This study depended upon collaboration of community representatives, municipal, regional' and state officials. Task Force meetings provided a public platform for full discussion of access to Lake 1Wmnetonka. Subcommittee members invested extensive volunteer hours. All participants deserve recognition. The Task force thanks every individual and organization for thdr conm'bufions. P~e 11 1992 LAKE ACCESS TASK FORCE DESIGNATED SPOKESPEKSON (Original Appointe~s by Organizations) POSITION/TITLE :Appendix 1 ORGANIZATION James N. Grathwol (Task Force Chair) Richard Engebretson Lucille Crow Alan M. AlbreCht Ann Perry Tom Markle Wally Clevenger Skip Johnson Gabriel Jabbour Kristy Stover Jerry Rockvam Vern Haug Jerry Schmieg Barry Petit Nick Duff Tad Jude Douglas Bryant Don Germanson Thomas S. Maple Gary Larson John F. Schneider Beverly Blomberg Board Member Mayor Mayor Mayor Planning Director City Council Mayor Mayor City Council City Council Mayor Mayor Mayor City Counc~ Mayor Commissioner Superintendent President Manager Co-Chair President Orono Resident LMCD, City of Excelsior City of Deephaven City of Excelsior City of Greenwood City of Minnetonka City of Minnetonka B~ch City of Minnetrista City of Mound City of Orono City of Shorewood City of Spring Park City of Tonka Bay City of Victoria City of Wayzata City of Woodland Hennepin County Hennepin Parks Lake Minnetonka Lakeshore Owners Association Minnehaha Creek Watershed District Fish¢,man Advocating Intelligent Regulation MN Sportfishing Congress Maxwell Bay Residents Dennis Asmussen Mike Markell Gordon Kimball Martha Reger Larry Killien Donald W. Buckhout Eugene IL Strommen Rachel Thibault AGENCY STAFF Director Water Recreation Supervisor Regional Supervisor Area Supervisor Regional Supervisor ADP. Coordinator Executive Dinx~or Adminis. T~chnician Page MN D1VR Trails & Waterways MN DNK Trails & Waterways MN DNR Trails & Waterways MN DN-R Trails & Waterways MN DNR Trails & Waterways State Office of Planning LMCD LMCD rtl m Z X rtl LAKE MINNETONKA CONSERVATION DISTRICT Existing Public Access Sites and Commercial Marinas 1 2 2A 3 4 5 6 6A 7 8 9 10 11 12 12A 13 14 15 16 17 18 19 20 20A 21 22 23 24 25 26 27 Beans Greenwood Marina* Causeway - Hwy. 101 Chapman Place Marina Cochrane Boat Yards* Crystal Bay Service* Curlys Mirmetonka Marina Deephaven, City of Dennis Boats* Gayle Marina Grays Bay Access (by Dam) Grays Bay Resort & Marina Halsted Drive Access Hendrickson Bridge Access Howards Point Marina Kreslins* Kings Point Access - DN-R Lakeside Marina Minnetonka Boat Rental* Minnetonka Boat Works (W) & (O)* Mound, City of North Shore Drive Marina Rockvam Boatyards Sailors World Marina Schmitts Marina* Shorewood Yacht Club & Marina* Spring Park Access Excel Marina Tonka Bay Marina Wayzata, City of Windward Marine* Tuxedo Road Access *No launching facilities 11/17/93 St Albans Bay Grays Bay Cooks Bay St Albans & Excelsior Crystal Bay Lower Lake South Carsons Bay Lower Lake South Maxwell Bay Grays Bay Grays Bay Halsted Bay North Arm South Upper Lake St Albans Bay Halsted Bay Maxwell Bay Harrisons Bay Wayzata,Tanager,Browns Bay Cooks Bay Maxwell Bay Coffee Cove Smiths Bay Excelsior Bay Gideons Bay Spring Park Bay St Albans Bay Lower Lake South Wayzata Bay Browns Bay Phelps Bay Page 13 A q17 PARKING STANDARDS LAKE MINNL~ONKA PUBLIC ACCESSES · Appendix 3 Thc 1992 Lake Minnctonka Lake Access Task Force has adopted thc goal of 700 long-term reliable spaces for car/trailer parking in thc vicinity of present and future access sites at Lake Minnctonka. Thc Task Force further agrees that thc Lake Minnctonka Conservation District (LMCD) implement these standards for identifying and counting of car/trailer parking spaces and monitor progress toward thc ?00 goal on a continuing basis. The following set of standards has been adopted by the Task Force for application to Lake Mirmetonka: All spaces must be within 2,000' of a public access point. For car/trailers parked between 1,500' and 2,000', a temporary boat mooring facility at the ramp site for a number of boats equal to 10% of the parking spaces must be provided. All parking locations away from the access site should be provided with a long-term agreement, three year minimum, with five years more desirable, on file with the LMCD. Within that time availability, if any designated spaces need to be rcmovcd, they must be replaced with comparable spaces. w The location of parking spaces, either off-street or on-street away from the access site, must be identified by dear, aesthetically attractive, consolidated, capable of being inexpensively updated, signage. All off-street spaces must be illustrated on a plan on file with the LMCD. The plan shall dearly indicate each car/trailer space and adequate ingress, egress and maneuvering space. Parking space minimum size standards (in feet): Vehicle only 9 X 19 (Handicapped 12 x 19) Car/trailer 10 X 40 Off-street designated trailer parking on grass is acceptable if vehicle is parked on graded/paved surface. ' o dl spa. ecs must be available on an unrestricted, first-come-first-served basis, 700 reliable spaces will · available from Memorial Day to Labor Day from 5 pm on Fridays until midnight Sundays, and on holidays. Fifty per cent of reliable spaces will be available weekdays. Hours of availability va'll be determined by LMCD in cooperation with the DN1L Vehicle-only spaces (no trailer) on public access parking lots can be counted toward the total goal of 700 car/trailer spaces provided that thc number of such spaces counted for any given lot does not exceed 10% of thc total number of spaces on that lot. (Example: Out of 50 total parking spaces on a lot, seven are for vehicle only. Only fivc of thc seven may bc counted toward thc goal of 700 [i.e., 10% of 50=5].) Page 14 LMCD PARKING STANDARDS FOP. LAKE MINNETONKA PUBLIC ACCESSES' o All on-street spaces should mcct thc following additional standards: 6.1 6.2 6.3 6.4 Minimum length of 50 feet per space. Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. Of the total non-designated (non-signed) on-street parking spaces, only 80% are considered to be reliable in order to account for non-access related public parking. Designated and signed on-sireet car/trailer parking spaces will be counted 100% for car/trailer llSe. On-street car/trailer parking spaces must be illustrated on a plan by strect name on file with the LMCD. Page 15 f-- 7 ~2,.0 LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Model Parking Agreement Appendix This Agreement is made between the Lake Minnetonka Conservation District (LMCD) and the ( ) both public corporations organized and existing under the laws of the State of Minnesota. WITNESSETH: WHEREAS the LMCD and ( ) are jointly concerned w/th providing public boating access to Lake Minnetonka, meeting the Parking Standards for Lake Minnetonka, and WHEREAS the LMCD and ( ) recognize that a goal of 700 car/trailer spaces will be provided in the vicinity of present and future access sites around the lake on as equitable a basis as possible, NOW, THEREFORE, it is agreed by the LMCD and ( ) that the conditions for car/trailer parking for the public access identified on the checklist identified as Exhibit 'A' and Parking Site Plan identified as Exhibit "B" meet Parking Standards on the checklist as indicated. IN W1TN-ESS WHEREOF, the LMCD and ( agreement to be duly executed this ~day of ) have caused this · 19~. LAKE MINNETONKA CONSERVATION DISTRICT: AGENCY/CITY: By By¸ Page 17 LI .I EXHIBIT A Checklist for Evaluating Lake Minnetonka Public Access Car/Trailer Parking Agreements Access Name Access City Lake Zone No .... Car/Trm'ler (C/I~ Parking by Location: a. Off-street, on access site ................. (On-site designated trailer parking on grass is acceptable if vehicle is parked on graded or paved surface.) b. Off-street, remote from access site * Distance in feet from access site c..On-meet, less than 1,500 feet: * Designated signed C/T only, count 100% of C/T parking spaces available ............ * Not signed, count 75% of spaces available d. On-meet, 1,501 feet to 2,000 feet: * Designated signed C/T only, count 100% of C/T parking spaces available ............ * Not signed, count 75% of spaces available # of spaces Vehicle Only Parking Spaces - these count up to 10% of total number of C/T spaces on lot: # of standard vehicles spaces 9' x 19' ... # of handicapped vehicle spaces 12' x 19' - Total # of vehicle only spaces Count total vehicle only spaces or 10% of total Cai' parking spaces in lots whichev~- is less 5. Total, ear/trailer parking spaces at site ............ COOPERATING PROVISIONS: Initial as accepted: I. Access site plan illustrating each CdT space with adequate ingress, egress, and maneuvering space is kept on file and current with LMCD. Signage provided at access site is clear, aesthetically attractive, consolidated for easy updating. .. All spaces are available on unrestricted, first- come, first-served basis, from Memorial Day to Labor Day, 5:00 pm Friday until midnight Sunday. Fifty percent (50%) of spaces meeting Parking Standards arc available weekdays. Page 18 EXHIBIT A Checklist for Evaluating Lake Minnetonka Public Access Carfrrm'ler Parking Agreement All on-street parking spaces meet the following standards: a. Minimum length of 50 feet per space. b. Adequate shoulder width to preclude door opening into traffic lane. e. Safe pedestrian route to access point provided. d. On-street car/trailer parking spaces are illustrated and kept current on a plan by street name on file with the LMCD. A temporary boat mooring facility is provided at the ramp site for a number of boats equal to 10% of the C/T parking spaces at the site for C/T parking spaces between 1,S01 feet and 2,000 feet. New facilities must meet Federal A.D.A. requirements for handicapped persons. 6. Agency/city reserves the right to make changes in access site plan off-street parking or on-street designated or non-designated parking as public policy priorities may require, with a good faith effort to replace lost C/T spaces at the earliest possible date, notifying the LMCD of anticipated changes. LMCD and M]q DNR agree to cooperate with city/agency in relocation of lost slips, including locations elsewhere in the lake, and at other access. o City retains approval privilege on any actions of an agency regulating parking allowances or restrictions on county or state highways affecting C/T parking in the vicinity of an access site. 8. Agency/city agrees to enter into this agreement for a period of~ years (five years desired) in recognition of the valuable recreational opportunities offered on Lake Minnetonka. Appendix 6 MINNESOTA DEPARTMENT OF NATURAL RESOURCES LANDOWNER'S BILL OF RIGHTS State parks, water access sites, wildlife management areas, state forest, fisheries projects, recreational trails, canoe and boating routes, wild and scenic rivers, scientific and natural areas and thc State water bank program all provide recreational opportunities for the general public or protection of the State' natural resources. Each of these programs authorizes either the purchase of the fee title to land or the purchase of a lesser interest in land, such as an easement. Selling land to the Department of Natural Resources is in many ways similar to selling it to a private party, but in other ways is different from standard real estate transactions. Because of · the many Federal and State laws that govern land acquisition, it often takes eight months to a year and a half to sell land to the Department of Natural Resources. These laws were designed both to protect private landowners' rights and to assure that public money is well spent to serve the public interest. This letter describes the Department of Natural Resources' land acquisition procedure. Please keep it for future reference. Land Identification The management programs select the tracts of land which they feel would most help'them to carry out their programs. Once your land has been identified for purchase, you will be contacted by a Department of Natural R. esour~s repre~ntative who will explain what your land would be us~cl for if it is purchased and will also explain the land acquisition to you. You are free to decide whether or not to sell your land to the State. If you are willing to consider selling it, the State will have your land appraised and you will then decide if you want to sell it at the appraised value. If you do not want to sell your land to the State, you are under no obligation to do so. However, you may be contacted again in the future to ~ if you might have changed your mind. Appraisal Process The State will hire a qualified appraiser to determine the fair market value of your property. You will be invited to accompany the appraiser during his or her inspection of the property, if you so desire. You also have the right to hire and appraiser to provide an independent opinion of value for your property. You will be notified of the deadline for your appraisal to be submitted if you would like it to be reviewed along with the State's appraisal. After the appraisals are reviewed, a fair market value will be established as just compensation for your property. If your land is purchased by the State, you may be reimbursed up to $500 for the cost of your appraisal providing you submit a copy of that report and a paid receipt for it. It is not necessary for you to submit your appraisal for review in order to be reimbursed for it. Page 20 Landowners Bill of Rights Neggt{ation Proce,~-~ The State is not allowed to discuss the price until after the appraisal is completed and will not discuss the price with anyone but the landowner or his agent. Documents regarding the purchase of your property will be public records once the purchase is completed. At the ~ginning of the negotiation period, you will be given a summary of the approved appraisal. This summary will include the final conclusion of value, the total number of acres and types of land appraised, the valuation of all buildings and improvements being purchased, and any special elements of value. The same person who appraised your property for the State will not act as a negotiator for its purchase. Purchase Procedure The Department of Natural Resources will acquire your property by means of an option, which is an offer from the landowner to sell. The option, including all special provisions, legal descriptions and elements of execution, must be reviewed by the State as to its legality and acceptability. The State shall have 15 days after receiving an option to notify the landowner in writing if the option is not approved and the reasons therefore. If you are not notified of an option's disapproval, you should assume it is approved. Unless you request otherwise in writing, the option period shall be no more than two months if no survey is required. If a survey is required, the option period shall be no more than nine months. These time limits do not apply to wildlife management areas that require county board approval. The option period begins on the last date on which the option is signed by a landowner. Before the end of the option period, the State shall decide whether or not to purchase the land and shall notify the landowner of its decision by either a Notice of Election to Purchase or a letter explaining the reasons for not purchasing the property. If the State does not elect to purchase property on which it has approved and accepted an option, it will pay the landowner $500.00 after the option period expires. " After signing the option, you have one month to mail or deliver an Abstract of Title to the Department of Natural Resources. If your land title is registered, you should submit your Owner's Duplicate Certificate of Title plus a Registered Property Abstract instead of an Abstract of Title. The State will have the abstract brought up to date at its own expense. Within one month from the Notice of Election to Purchase or delivery of the Abstract,whichever is later, the Attorney General will provide a title opinion which will identify any defects in your title to be cleared up before the purchase can be completed. You will then have 120 days to make your title marketable. The landowner is required to pay all taxes that are due in the year in which the deed or easement is signed, including Green Acres deferred taxes. Once the taxes are paid and all title defects are cured, the Attorney General will send you a Warranty Deed or other conveyance document to sign and return. Page 21 Landowners Bill of Rights The State pays thc abstracting and recording fees related to thc sale. If your property is held as security for a loan or advance of credit that requires or permits the imposition of a pre- payment penalty, this penalty shall also be reimbursed by thc State. The costs of clea~ing title defects, payment of taxes and related attorney's fees arc not reimbursable. Method of Pa_'vm~nt Payment for the land is mailed to the landowner after the signed deed or other conveyance document has been recorded and the abstract brought up to date. Depending on the County Recorder's workload, this may take anywhere from two to four weeks. Assuming your title is marketable and you act expeditiously to complete the transaction, payment must be made no later than 90 days after the Notice of Election to Purchase. You may choose to be paid in either a lump sum or in up to four separate payments. The State does not pay interest on monies held during an installment agreement. _Vacating Your Property_ You have the right to continue occupancy of your property until 90 days after the date of the deed. You may stay an addition 90 days by paying a fair m:~rkct rent to thc State, with thc prior written approval of the management program for which your property is being purchased. If you do not vacate your property within 180 days of the date of thc deed, you will automatically waivc your right to any relocation benefits to which you may otherwise be entitled. Relocation Benefit~ The State is obligated to pay relocation expense any time they displace owners or tenants from their residences, displace a business or cause a business to cease operating. Moving expenses are the most common relocation benefit. A relocation advisor is assigned io work with anyone who might be displaced by State land acquisition to guide them in locating a new home or business. You have the right to accept or reject the State's offer for your property. If you accept the offer, you may receive or waive any relocation assistance, services, paymmts and benefits. You also have the right to accept the State's offer for the property and to contest the relocation benefits. You have the right to seek the advice of any attorney regarding any aspect of your land sale. You also have the right to have the State acquire your land by condemnation at your written request and with the agreement of the Commissioner of the Depa,~,,,ent of Natural Resources. The primary laws governing Department of Natural Resources land acquisition procedures are, Public Law 91-646 and Minnesota Statutes Section g4.0274. For further information, contact: Department of Natural Resources Bureau of Land Acquisition and Exchange Section 500 Lafayeue Road, Box 30 St. Paul, Minnesota 55155-4030 (612) 296-409'/ Page 22 Appendix 7 LAKE MINNErONKA ACQUISITION PROCESS This document will dcscn'be the process the DNR will usc to acquire land on Lake Minnctonka. BACKGROUND t~ P.roccss to provide Public Water Access (PWA) in the metropolitan ar~a was developed by e naetropolitan Council, The Minnesota Department of Natural Resources (MNDNR), and the State Planning Agency under the direction of the Legislative Commission on Minnesota Resources (LClVI~). These agencies produced a document that outlined a Site Selection Criteria, a Lake Ranking system and an Access Priority List. The MNDNR and other public agencies use these procedures to develop accesses in the metropolitan area. This document is available from the Metropolitan Council. PROCESS On a priority bay or lake area, public property is investigated for access suitability. If none is available or useable, a search for suitable sites is begun. Often on heavily developed lakes or bays, the actual acquisition process begins with a parcel of land becoming available that meets the criteria. Thc MNDNK purchases only from willing sellers and thc owner must be willing to sell the parcel for a public water access. When the landowner indicates a willingness to sell, the acquisition process and timeline are explained. If thc landowner agrees to proceed, the Landowner Bill of Rights Letter is signed. This letter verifies that thc landowner understands the process and has agreed to work with the MNDNR.. If the site meets the criteria and the landowner agrees to' proceed, the MNDNR will have the property appraised to determine its fair market value. After thc appraisal has been approved, an offer to purchase can be made. If the lando~mer agrees with the value, then the lvl]qD~ may take an option on the property. The option will indentify such things as, the land to be purchased, the price, the length of time required to complete thc negotiations. After the option is signed by the landowner, the MNDNR, within 5 working days, will notify the city and the LMCD, in writing, of its actions. Notification can not I~ made prior to the signing of the option due to confidentiality requirements. Page 23 Lake Minnetonka Acquisition Process PUBLIC INVOLVEMENT The proposal will be discussed with the city, (citizens, council members, etc) and other interested members of the public. Assuming there are no valid reasons for rejecting the property or the project, the MI~-DNR will work and cooperate with the city and the LMCD to complete the acquisition and development.. The MNDNR will use various methods to inform and involve the public. The processes used will include: Formal Public Meetings, Informal Public Meetings, Open Houses, Question and Answer Sessions at City Council Meetings and Meetings with neighbors and concerned individuals. The MNDNR will continue to keep the city and the LMCD informed and involved in the design of the acces from the initial concept stage through final design. Examples of items that will be discussed are: traffic flow, parking lot layout, drainage and runoff, landscaping, signage. . This cooperative process does not end with the construction of the access. After the access is developed the MNDNR will continue to work with the city and the residents on access maintenance and operations procedures. Page 24 LAKE ACCESS TASK FORCE ACCESS SITE EVALUATION CRITERIA Appendix These evaluation criteria should be used in selecting potential new access sites for fishing craft and small recreation boats. Thc st2ndard arc not expected In bc perfectly achieved. Each should bc seriously considered and graded. Other evaluation criteria may bc considered on a site-specific basis. Relationship to residential areas - Positive and negative impacts of the site on adjacent residential areas, such as distance between a site and nearby homes, screening the site from homes, noise, traffic, etc. Accessibility to primary highways - Potential sites near major highways (State Highways 7 and 101, County Roads 19 and 15 are examples) to reduce traffic impact on residential streets. Safety on site, on water and egress to both. Public use precedent - Sites which are already in public ownership or in commercial or industrial use, or isolated from other residential areas, and where public facilities or services have been provided and accepted, have the least neighborhood impact. Intensity of boating use near a potential access site - Sections of the lake where there is intense boating, or crowding in channels, should be downg~ded. Cost - Property acquisition, development and maintenance costs. Physical development constraints - positive and negative features on land and in the water and changes possible to make the potential site usable. Visual impacts - Positive and negative visual impressions as seen from land and water. Multiple use opportunities for the site - Sites that provide shore fishing, pier fishing, picnic areas, toilets, etc., along with boat access are preferred. 9. Site size - Larger sites with off-street parking are prcfen'ed. 10. Environmental considerations - dredging, fill, nm-off control, wetlands preservation, etc. Footnotes: 1. Sites shall not be excluded because there is limited access for large boats. 2. Sites will be preferred that provide ecluit2ble distribution. 3. Sellers must be willing, city must cooperate and other agencies must approve. Adopted: March 18, 1993 Page 25 LLI ~ · · · · · · · · · · · · 0 m N c Apendix 10 PROCEEDINGS SUMMARY 1992 LAKE ACCESS TASK FORCE STUDY FOR LAKE MINNETOHKA TASK FORCE CHRONOLOGY The initial Task Force meeting was held 3/11/92. Its purpose goal and objectives were introduced as follows: PURPOSE - to establish a plan to meet the Management Plan lake access policies developed in the 1983 and 1986 Lake Minnetonka Task Force studies. GOAL - coordination of an immediate inter-agency inventory, study and assessment of the car/trailer (edt) parking spaces at public access ramps to meet the 700 reliable edt objective. OBJECTIVES: Establish criteria in the LMCD Code for acceptable year-round lake access, including access ramps, lakeside and remote edt parking, handicapped access and signage. b. Conduct a joint study of all access ramps and associated cdt parking, identifying all existing ramps and associated lake parking. c. Develop a plan for and provide LMCD-approved boat access ramps with 700 reliable edt parking spaces. do Widen or otherwise improve efficiency of existing ramps for use by more than one edt at a time. Resolve DN'R's Maxwell Bay access proposal in accord with Management Plan policies and objectives and in accord with the 1983 and 1986 Task Force Study recommendations by: 1) Activating the Lake Access Task Force, appointing representatives of affected communities, DNIL LMLOA and citizens to implement the public access siting process. 2) Facilitate a cooperative effort to address land use issues that are the basis for objections raised by the City of Orono. 3) Conduct a feasibility study of land purchase between Gayle's Marina and the DNR property. 4) City of Orono, LMCD and DNR cooperate in securing funding for the Maxwell Bay access properties. NOTE:After cooperation on obtaining funding through thc Legislative Commission on Minnesota Resources (LCMR), the Task Force and LMCD were asked by Orono officials to not further participate in Maxwell Bay negotiations between thc DNR and the City of Orono. Page 27 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY The Task Force formed three subcommittees, namely:. Data Gathering Standards Steering DATA GATHERING SUBCObIMrITEE C./T PARKING INVENTORY DEVELOPMENT A 4/15/92 inventory of existing or planned cdt parking spaces was conducted by LMCD and DNR staff from contacts made among city and county staff. That inventory was compared to the 1983 Task Force inventory for the five zones of the lake. The comparison of cdt parking spaces by zones was as follows: Zone Goal 1983 Total 1992 Total 1 North Arm 139 60 63 Grays Bay Hwy 101 24 37 Grays Bay Dam 19 19 Wayzata Bay Hwy 16 . ~t 25. Sub Total 144 46 81 3 Carsons Bay 155 0 40 4 Spring Park Bay 79 93 Phelps Bay o _4. Sub Total 126 79 97 5 Halstect, Wms. St. 0 30 Halsted, Kings Point 0 32 Henn. Regional Park 0 100 Cooks Bay, Mount Park 0 Sub Total 136 0 192 Grand Total 700 185 473 These counts were later revised based upon a more detailed inventory conducted in June by LMCD staff of cdt street parking potentially available to 2,000' from the access, identified later in this report. Criteria were needed to identify reliable cdt parking spaces. The Standards Committee was asked to develop such criteria. Page 28 PROCEEDINGS SUM:MARY, 1992 LAKE ACCESS TASK FORCE STUDY STANDARDS SUBCOMMITrEE ACTIONS FACILITATOR ENGAGED. The LMCD engaged a state facilitator to meet the diverse interests involved in the proceedings: 1. Decisions would result from a consensus. 2. Persons participating would only be those holding designated membership in thc Task Force. 3. The Task Force would work in good faith. TASK ASSIGNMENTS: I. MN DNR staff examined c/t parking spaces in public access ramp lots. 2. LMCD staff counted street parking utilizing 1985 c/t parking criteria, adjusting criteria by extending distance from access site from 1,500' to 2,000'. 3. Aerial photographs of public access sites taken. 4. DNR/LMCD staff drafted parking space standards from thc 1986 standards previously considered. TASK ASSIGNMENT RESULTS: C/T PARKING INVENTORY OF 7/15/93. A street inventory of actual and potential c/t parking spaces up to 2,000' from accesses was conducted. Potential spaces included future public access sites, one private lot, public lots in other agency jurisdictions (school districts) and street locations subject to city/county approval. A surveyor wheel measurement device was used to calculate an accurate 50' c/t parking space and for determining accurate distance from the launch ramp. Results of the inventory count of 7/15/92 were: C/T Parking Spaces at present or planned access ramps: North Arm Grays Bay 101 Causeway Grays Bay Dam Kings Point, DNK Spring Park Ramp Spring Park/Orono County Lot Hennepin Regional Park Sub Total 63 37 19 32 19 70 340 Potential C/T Parking Space Additions: Streets, city & county Off street, private & city Sub Total 82 168 Existing Street Availability: City/county (99 of the 337 at Williams Street, Halsted Bay access) 337 GRAND TOTAL 845 Page 29 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY DNR ANALYSIS OF C/T PARKING SPACES AT ACCESS LOTS: The cdt parking space count at access on-site lots differ only slightly from 1983 and 1986 counts. Some ear-only parking spaces could be converted to cdt parking spaces. AERIAL SURVEY OF PUBLIC ACCESS SITES Aerial photos of cdt parking conditions at public access sites on a high-use day illustrated crowded conditions. Opportunities for improvements or expansion of parking capacity either on or off-site were noted. RELIABLE c/r PARKING SPACE STANDARDS Seven criteria and three supplemental recommendations applying to Parking Standards were prepared 7/15/92 for Task Force approval. GRANT RECOMMENDATION FOR MAXWELL BAY LAND ACQUISITION A Legislative Commission on Minnesota Resources (LCMR) grant recommendation for $944,000 for land acquisition to develop a public access site on Maxwell bay, subject to Legislative approval, was announced. JOINT DATA GATHERING/STANDARDS SUBCOMMITTEE ACTIONS Cfi' PAR.KING INVENTORY REVIEW Subcommittee action of 8/12/92 amended the 7/15/92 cdt Parking Inventory from 845 to 755 cdt parking spaces. A reduction of 59 spaces from 99 to a net of 40 spaces at the Williams St. Halsted Bay access, and a reduction of 32 spaces from 100 to 68 spaces at the Hennepin Regional Park resulted in a 755 adjusted count. PARKING STANDARDS RECOMMENDATION: Starting with the seven criteria and three supplemental recommendations of 7/15/92, the joint subcommittee review recommended Parking Standards for Task Force consideration and adoption. EQUITABLE DISTRIBUTION OF ACCESS SITES: Equitable distribution of parking sites throughout the five lake zones was identified as a priority. PARKING INVENTORY: With minor foomote adjustments, the Parking Inventory of 755 current and potential c./t parking spaces was finalized and recommended for presentation to the Task Force. Page 30 PROCEEDINGS SUlVtMARY, 1992 LAKE ACCESS TASK. FORCE STUDY STEERING COWIMITI~E RECOM]VtENDATIONS The recommendations of the Data Gathering and Standards Subeommlttee meeting of 9/9/92 was confirmed. Additional issues were recommended for Task Force consideration: I. Coordinate site acquisition for Maxwell Bay 2. Coordinate access development of Grays Bay Hwy. 101 Causeway and subsequent dosing of Grays Bay Dam access 3. Coordinate access development of Hermepin Regional Park LAKE ACCESS TASK FORCE ACTIONS Lake Access Task Force actions taken 10/21/93: 1. Parking Standards were adopted. The Lake Minnetonka Lakeshore Owners Assn. (LlVI~0A) presented their board position calling for a reduction of the 700 eat parking ·paces goal. DN1K, LMCD and sport fishing representatives supported the 700 cdt parking spaces goal. This goal originated in the 1983 Task Force Study. It is based upon Lake Mirmetonka's 14,000 acre capacity to accommodate one boat per 20 acres of water surface. No consensus was reached on changing the goal. Consensus required substantially unanimous agreement. The LMCD Lake Access Committee, appointed January, to: 1992, was activated Coordinate related lake access objectives and policies with the Task Force. Carry out lake access objectives and policies in the Management Plan which will not be addressed by the Task Force. LMCD BOARD ACTION ON TASK FORCE POSITIONS Upon recommendation by the LMCD Lake Access Committee, the LMCD board on 10/28/92 approved Task Force positions on: 1. Parking Standards for Lake Minnetonka Public Accesses 2. Parking Inventory of 755 current and potential eat parking spaces 3. A draft model Parking Agreement for cities or agencies identifying eat parking epaees which meet the Parking Standards. 4. Parking Agreements to be secured by LMCD with dries or agencies. Page 31 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY TASK FORCE ACTIONS Lake Access Task Force actions taken on 12/9/92: I. Approved Current and Potential CdT Parking Inventory total adjusted to 735 cdt parking spaces, subject to meeting adopted Parking Standards, and subject to agreements with cities or agencies within which the existing public accesses are located. (The 8/12/92 Parking Inventory was adjusted from 755 to 735 as a result of the Hennepin Regional Park planned access count being adjusted to 80 upon agreement with the City of Minnetrista and Suburban Hennepin Regional Park District.) o Goal of 700 cdt parking spaces on which Task Force consensus was not reached was referred to the LMCD board for a final decision. All cities encouraged to make a concerted effort to provide their share of lake access c/t parking spaces. Cities were further encouraged to coordinate and cooperate to meet zone goals. LMCD LAKE ACCESS COMMITTEE REPORT The Lake Access Committee actions taken on 3/16/93: Committee chair outlined a policy to persuade cities or agoncies to make decisions on public accesses in the best interest of thc most public usc of thc lake. Existing public access sites proposed for evaluation against a grading scale as to safety, quality, size. LAKE ACCESS TASK FORCE ACTIONS Lake Access Task Force Actions taken 3/18/93: I. Model Public Access C/T Parking Agreement approved incorporating adopted Parking Standards. Access Site Evaluation Criteria ten point outline approved with recommended footnotes approved. Aerial slide photo documentation of existing and potential access sites presented. Sites suggested from this aerial survey are to serve as a future guide for access site inquiries and proposals. Page 32 PROCEEDINGS SUlVlMARY, 1992 LAKE ACCESS TASK FORCE STUDY ACCESS SITING SUBCO~E ACTIONS Access Siting Subcommittee Actions taken 4/6/93: !. MN DNR Landowner Bill of Rights was reviewed. The Bill of Rights was accepted for recommendation to the Task Force. The procedures detailed in the Bill of Rights would remain in effect after the Task Force completes this study. Public review of a future access site negotiation brought forward by the DNR was concluded to be the affected city's responsibility. 2. A list of some 40 potential access sites taken from the March aerial survey and a list developed by the 1983 Task Force Study was edited to review properties no longer available due to development or other current uses making the property unavailable. STEERING COMMITTEE ACTIONS Steering Committee actions taken 4/6/93: MN DOT position on its reduced Hwy. 101 causeway bridge and road rebuilding, excluding the causeway public access upgrading, was received. ACCESS SITING SUBCOMMITTEE ACTIONS Access Siting Subcommittee actions taken 4/14/93: ' 1. Potential public access sites were presented for review against the 1993 ten point Access Site Evaluation Criteria. All marina ~ites were removed for separate consideration. Eight other sites were removed as no longer available. ACCESS SITING SUBCOMMITTEE ACTIONS Access Siting Subcommittee actions taken 5/4/93: 1. Potential access sites reviewed per Access Site Evaluation Criteria, with added conditions: '- a. All sites must have willing sellers. b. City cooperation must be secured in advancing the access site. e. Agency cooperation must be ~ecured in advance of a site being ~elected. Potential access sites remaining on the list as a result of comparison to the review criteria were: * Tonka Bay City Dock, channd to Gideons Bay * Timber Lane, Gideons Bay, Shorewood * Mai Tai, Excelsior Bay * 456 Arlington Ave, Wayzata Bay (private residence) * Pelican Point, Spring Park Bay, Mound * Lost Lake, Cooks Bay, Mound * Advance Machine, West Arm, Spring Park Page 33 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY Marinas as potential access sites were recommended tO be examined for public access use under the following conditions: a. Potential use of extending existing capacity. b. Extent to which the marina already serves the public for fee paid access. c. Attitude of nearby homeowners for public access use. d. Considering any public access use as a temporary trial. e. Management issues to be addressed such as how public parking/launch space would be reserved and accounted for in a mix of fee paid launch service f. MN DNR budget constraints in funding leased space LMCD LAKE ACCESS COlVLMITrEE ACTION Lake Access Committee action taken 5/'//93: 1. The Lake Access Parking Agreement with the City of Minnetrista was accepted and r~ommended to the LMCD board for acccp~nce. LAKE ACCESS TASK FORCE MEETING ACTIONS Lake Access Task Force actions taken 5/12/93: 1. The seven potential access sites were accepted as identified by the Access Siting Subcommittee 5/4/93. Marina sites having potential to accommodate public access through agreement with the DNR will be considered separately from the seven potential access sites accepted 5/4/93. The six conditions under which marina sites would bc evaluated for public access as detailed by the Access Siting Committee 5/4/93 were also accepted. Thc Maxwell Bay access site is recognized as in negotiations between thc City of Orono and MN DNR. LMCD LAKE ACCESS CObiMI'ITEE ACTIONS Lake Access Committee action of 6/15/93 approved tasks which the LMCD committee intends to continue processing: 1. Determine the equitable distribution of public access among existing and potential new access sites. Evaluate and negotiate with commercial marinas for their potential in providing cYt parking and launch service: a. Apply equitable distribution criteria. b. DNR to negotiate agreements for space/service provided. Page 34 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY e Assess means by which existing public accesses may be upgraded for safety and greater user satisfaction. Board members to work with LMCD and DNR staff in finalizing c/t parking agreements with cities and agencies having existing public accesses... Access signage to be developed per agreement provisions, cities and agencies asked to assist. Page 35 Senator Olson introduced- S. F. No. 2397 Referred to the Committee on Children, Families and Learning 1 A bill for an act 2 relating to public administration; amending Minnesota 3 Statutes 1996, section 471.19. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 5 Section 1. Minnesota Statutes 1996, section 471.19, is 6 amended to read: 7 471.19 [RECREATION PROGRAM Te-B~-~eR-~B~SAT~eN PURPOSES.] 8 The facilities of any school district, operating a 9 recreation program pursuant to the provisions of sections 471.15 10 to 471.19 shall be used p~ma~y for the purpose of conducting 11 the regular school curriculum and related activities and the-use 12 o~-scho~-~a~~es for recreational purposes authorized by 13 those sections 3~N.-28'98{~ED) 14:58 Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax; (612) 471-0682 Ema]h admin@minnehahacreek-org Wet) Site: wv~.minnehahacreek, org John E. Thomas President C, Woodrow Love Vice President Pamela G. Blixt Treasurer Monica Gross Secretary Thomas W. LaBounty Thomas Maple, Jr. Malcolm Reid District Office: Diane P. Lynch District Administrator SHAND~IGK/CERES GRP TEL:612 855 0054 Minneh a Watershed District Improving Qualii7 of W'ater, Quality of Life P. 002 FOR IMMEDIATE RELEASE Contact: Diane Lynch, MCWD 471-0590 or Marcy Lehfinen, Shandwick 831-9080 Watershed District Gets Clean Bill of Health; Considers Recommendations Very Helpful EXCELSIOR (Jan. 28, 1998) -The Minnehaha Creel( Watershed District (MCWD) was given a clean bill of regulatory and financial health and generally.praised as 'showing significant leadership in comprehensive water management" in a report by the Minnesota Board of Water and Soil Resources (BWSR) to the Hennepin County Board. in its report, dated Jan. 26, BWSR made several admini=[~ative and operational recommendations but also said it 'recognizes and commends the district for the dedication and commitment of its board of managers, staff and consulting engineers and attorneys. The district is highly professional and is justifiably proud of its accomplishments." District Administrator Diane Lynch says MCWD is pleased the several-month study is completed, and will use the report as a foundation for improvements in several areas. 'Because we are proud of our record of improving the district's quality of water and quality of life, as well as our stewardship of public funds, we welcomed this review," she says. "We will carefully consider the recommendations in their entirety.' Lynch points out that many changes already have been made that will address BWSR's specific recommendations, including: o Aggressively expanding communication efforts with cities and other constituents through one-on-one meetings, circulating planning documents to wider audiences, and conducting more preliminary meetings with stakeholders to anticipate and resolve conflicts. We also are broadening distribution of general watershed information regarding consumer education and watershed activities. · Expanding a bidding policy to solicit proposals for managing specific construction projects. -28'98(WED) 14:58 SHANDWICK/CERES GRP TEL:612 835 0034 P. 003 Watershed District Gets Clean Bill of Health/2 Reviewing construction project plans with the Hennepin and Carver County. Boards and seeking their approval before implementation. This is in addition to conducting extensive public hearings prior to county review. Reassigning staffjob responsibilities to manage a higher workload resulting from less reliance on board managers and consultants. This includes hiring a part-time bookkeeper and interviewing candidates for one administrative staffer and one project manager. During the past year, MCWD hired Lynch, a professional with extensive public policy, conflict management and environmental issues management credentials, following the retirement of former director Gene Strommen; revised the District's per-diem policy to eliminate duplication of efforts by staff and the board of managers; worked with citizen advisoq/committees on major water quality projects; and established a task force to improve implementation of the District's controversial stormwater management rule. During the past two years, the District's budget has declined. An average property owner contributes to MCWD an amount equivalent to the cost of taking a family of four to a movie. MCWD was established to improve water quality and control flooding, using a regional approach that no individual city or county can take. MCWD has generated measurable results in water quality, received the "Watershed of the Year" award in 1996 from the Department of Natural Resources, and was praised last summer for its role in helping to minimize flooding along Minnehaha Creek. 'We invite you to contact our office with questions, or to check out our web site (www. minnehahacreek, org) for more information," Lynch says. jan zo %8'" J.o.ud" r. uz,,uz News Release For immediate release: .- ~oil 'Tuesday, Janum'y 27, 1995 rRECEIVED :3 § 1§98 ~ ........ For further information call: Jim Haerte1612/297-2906 Mitmesota Board of Water anti Soil ResoUrces, One West Waf~- St., Suite 200, ~. Paul, MN 55107 BWSR ISSUES REPORT ON M1NIqEHAHA CREEK WD A report issued today by the. Minnesota Board of Watea and Soil ,Resour~s (BWSR) on the Minnehaha Creek Watershed District 0VICgvrI))' makes sere!al recommendations but indicates that the BWSR uncovered no district w~. ongdoing. Among the BWSR's recommelidatiom are: · The MCWD board of mariage~ ~ould,,shift its nmnagem, eat style aWay from "micro managemer~t;" *The MCWD should rely more o~x. smffand possibly hire additional. .The MCWD should improve communications with cities; .The MCWD should hold an ,.annual meeting with member cities and counties to discuss upcoming capital improvement projects; ~md .The MCWD should c~nsid'er us'rog.more than one engineering firm. "Essentially, our investigation'revealed .fl~t the district is-doing a good job," said Ron Hamack, executive director of the BWs'R-. "Of cberse, there are always improvements that can be made, and we highlighted those in our recommerutafions-" The Slate Auditor also reviewed the districts's financial slaternent-s from 1994, 1995 and 1996 and found them "clean." (more) ~o. o~ water/$o~! Kes. ~aX:blW-WW~-Sbl5 Jan 28 '98 15:06 P. 02/02 The Hennepin County Board lriggered the BWSR's investigation last fall when it approved a resolution (resolution no. 97-9-624R3) citing concerns regarding the cost- effectiveness of MCWD projects a~ district accoun, tability. More than imff of the cities and townships within the MCWD suppon,'e,d the resolution. H:~ewa'el~n~'wd I Bd. of Water/Soil Res. Fax:6t2-297-5615 Jan 26 '98 13:22 P.O~/17 Report to the RECEIVEB ;:-C39 1998 Henn~pin County Board.of Commissioners _ _ o~ the Minnehaha Creek Watershed Distr,/'ct J. anuary 26; 1998 INTRODUCTION The Minnesota Board of Water. and s0i~ Resources. provides tkis report in resP0,nse to a request, passed on September 23, I997,..in the' folm of Resolution No. 97-9-624R3, by the Hermepin County Board of Commissioners. The resolution requested the Board of Water and Soil Resources to: (A) determine if the activities o.f the Minnehaha Creek Watershed District (district) are in compliance with. statutes, rules, and regulations; (t5) facilitate dialogue betWeen:the distric~ and affected municipalities; (C) determine if '.the cost effectiveness of capital projects proposed by the district is. in Compliance with statutes, rules, 'and regulations; and (D) request the State Auditor to audit ihe district to address issue (A) or (C), if necessary. In addition to addressing these concerns, this report will alSO. present various guidelines and perspectives on the roles and responsibilities involved in watershed district management. Although reports of this type inevitably focus on recommended improvements, the Board of Water and Soil Resources recognizes and commends the district for the dedication and commitment of its board of managers, staff and consulting engineers and attomeys. The district is highly professional and is justifiably proud of its accomplishments. District staff and managers were cooperative and accommodating throughout this study. The Board of Water and Soil Resources gathered information several different ways for this report. Interviews were conducted with various staff members from several cities in the district. Bd. of Water/Soil Res. Fax:612-297-$615 Jan 26 '98 13:23 P. 05/17 Past and present district staff were also interviewed. Interviews were conducted with citizen and environmental groups, non-district consulting engineers and attorneys, other metro watershed district managers-and-staff, and'select state-agency:staff. In addition; many alisa'itt records were reviewed, including an exhaustive review of~e Long Lake project and reviews of the Gray's Bay Dam Outlet, Gleason Lake, Painter Creek, and Langdon. Lake projects. Staff from the Board of Water and Soil Resources also. reviewed the 1994 Management Study and the 1997 Draft Strategic Plan, both of which the district commissioned. Lastly, the State Auditor reviewed the audited financial statements of the district for fiscal years 1994, 1995,.and 1996. SUMMARY OF FINDINGS Based on all the information gathered, the Board~°f Water and S~l Resources concludes that the district has not violated any ,applicable statutes, rules and regulations. In addition, the district has shown significant leadership in comprehensive wa~er management. However, a number of concerns.did aris.e during our research for this report, primarily in two areas: n~cm management by the Board of Managers and lack of District communication with stakeholders or constituents, esPeciaBy cities. Addi~onally, the issue of accountability for expenditure of public funds was raised as a, concem by some interviewees. Although some of these concerns are already being addressed through recent administrative changes, including hiring a new adm. inistrator~ our review suggests improvements focused on district management; district operational procedures~ district outreach, communication and coordination; and financial accountability. DISTRICT MANAGEMENT The board of managers, tbr the district had a history of being dedicated and running the operations "hands-on" during the first 25 years. The district had no staff, choosing instead to use engineering and legal consultants. In 1992, two staff positions were estabtished~ a full time administrator and a half-time clerical. Since then, the board of managers has not.completely shifted' its focus and priorities i¥om day-to- day management of operations to that of being a poli, cy.and Qversight body. Too many and lengthy meetings result. Too often managers function individually, and gi,ve administrative direction to staff, or opinions to constituents, w~thout full board awareness and approval. Further, the district administrator and staff should be working directly with the constituents without excessive oversight fi-om individual managers. Oftentimes constituents are uncertain who to contact at the d/strict level. Members of the district staff are generally seen as not empowered to make decisions, except the most simple or basic Bd. of [daten/Soil Res. Fax:612-29?-5615 Jan 26 '98 13:23 P. 06/l? types, so district consult.~nts or managers are contacted directly. District stMf have been pulled in many different directions by individual contact ~om managers,, resulting in conflicting direction ~ud overworked situa~ons. Certain~y the pracfi~ und~mincsemployec m~al~, turnover rate of district st~t' has been hiBh, Two recent management studies the district commissioned corroborate ,this finding and point to the need for correcting micro management by the board Of managers. In fact, the 1997 draft strategic plan shows six o£the seven managers spoke of micro management and the problems it created. This also underscores the need for strong leadership by county boards in choosing mag. agers that will cooperate together and work as a team. COMMUNICATION, OUTREACH~ CooRDINATION District communications wit& stakeho.lders, especially the member cities, needs to be improved. Communication would likely improve if the boad O[ ,managers will step back and allow district staff to conduct routine communications with corfstituents. The district WOuld speak with a more 'uniform voice, reduce the likelihood of sending mixed messages, and reduce false expectations among constituents. Nevertheless, it takes two panics openly c, ommunic.ating to make the situation work. Constituents, such as cities, oftentimes do not put enough effort into the process. This was very evident when the district.actively solicited comments from member cities during the development of the second generation watershed m.armgement plan. Most substantial comments from cities only arose during the very final stages o£ plan review by the state agencies, resulting in a reactive, rather than proacfi, ve, approach. It is also evident there are some situations where cities attempt to downplay water resources management concerns such as erosion control measures or on-site water detention. This may occur in commercial projects as the result of pressure from developers or in cities' o,wn public works projects as they try to complete them in a timely and cost-effective manner. In those cases,,,the district is unfairly criticized for monitoring non-compliance and refusing to relax its standards. The Board of Water and Soil Resources,has proposed u~ng, the, services of a state mediator to help facilitate a dialogue among the cities and the d~strict. This option will continue to be explored and assessed along with the adoption and implementation of these recommendations. We understand that the district administrator and a manager are in the process of meeting individually with staff of all cities in the district. While.generally viewed by constituents as a step in the right direction, there is. some concern about the need for, or desirability of, having a manager present. Again, city staff do not see district .staff as bein~ empowered by the board of managers to carry out their assigned duties, or what most would agree shoed be a staff duty. Bd. of Water/Soil Res. Fax:612-297-5615 5an 26 '98 13:24 P. 07/17 CAPITAL IlVIPROVEMENT PROJECTS Another area of-concern revolves around.cap!tal ~npro, vement projects and taxation-to cover the planning and implementation of the project. Comments fro.m all people interviewed varied regarding the taxation issue, but the need for the projects, or similar projects, goes largely unchallenged. The Board of Water and Soil l~esourCes .found no evidence that the cost effectiveness of capital improvement, projects is not in compliaace with statutes, rules, and regulations. The issue of who should, pay for. the projects, or where rexes sh~tld be levied and to what extent, is thc subject of considerable debate and a,primary focus of co~cem for some cit/es. Op/nions on solutions span a vast range and incl~tde: (a) fund,all projects,by an ad ~a~orem district-wide tax as is presently the case; (b) fund major projects'of.re~/on~l importance by an ad valorem district- wide tax and fund smaller projects on a subwatershed .district basis; (c) divide the dislrict into two tax d~stricts divided at Gray's Bay dam; (d) continue as is present~ the case but spread the projects around so many cities have a. project in. Weir area; and (e) fund projects by a combir~tion of an ad valorem district-wide tax a~d create, a subwat~rshed district or stormwater utility district for the area directly benefitting or contribUting~ e, g4 70 percent of the project cost levied over the area directly benefi~ng or con.tributing mad 3.0 percent ad valorem over the remainder of the Defaming the appropriate ~unding Option. isa di$~'ct responsibility and a matter ofpolicT. Greater proactive part/cipation by city and county policy n'/~ers and s~in the plan develbpment process would create greater awareness and understanding of the options. FINANCIAL ACCOUNTABILITY The cost of capital improvement project~, is an a~ca of concern, specifically the cost of engineering and, to a lesser extent;legal services'for the projects. The expense of engineering consultants and legal consultants for other district activities is also an area of concern raised by several people interviewed. It does appear that the district could reduce net operating expenses by hi.ring some professional staff. A staff engineer and a staff attorney or parategal could reduce expenses in the areas of permits and planning and a staff engineer would be :helpfal in monitoring engineering consultant costs. In addition, since the district does not have a staff attorney or engineer, individual managers are assigned to implementation of individua,~ capital improvement projects, furthering the problem of board members performing tasks that should be done by staff. Several interviewees also reconmaended using differem engineering firms to design capital improvement projects. Under this scenario, the district would still maintain a single consulting engineering firm for district activities, but wo...utd~vary the engi.neering firms used for capital 4 Bd. of Water/$oit Res. Fax:612-297-5615 Jan 26 '98 13:25 P. 08/17 improvement projects, either through a bid process or by. rotation within a pool of firms. Other suggestions include relying more on the Hennepm Conservation'District; and using the city engineer as the. project manager, instead of an .ngineering consultant. This~latter suggestion would also address the cities' perception of a lack of coordination and information dissemination at the project implementation stage, While we don't kr~ow if these suggestions would decrease costs, they would definitely decrease the risk of communication breakdowns. The 1994 management study stated thc need for' the .district administrator. to monitor consultant costs. This has been implemented oVer.the past few months. Reviews of the District's 1994,"1995, an. d'1996 financial statements by the State Auditor essentially yielded the same i~bnuation as the'audit reports by the CPA firms, namely, an unqualified "clean" opinion. RECOMMENDATIONS In summary, the Board of Water and Soil Resources recommends thc following: A. The board of managers should shift their management style from being involved in many details of district operations:towards being a poBcy and over. sight body, as presented in the "District Management'.' section on pages 2 and 3. B. The board of managers sho,uld assign district staff and empower district staff to carry out most of the operational i~anctions and adininistrative serVices, as presented in thc "District Management" section on pages 2 and 3. C. The district should rely more on staffin thc areas, of permits and plarming, which may require additional staff, as presented in the "Financial Accountability" section on pages 4 andS. II. A. The district should improve communications with constituents, especially cities, as presented in the "Communication; Outreach, Coordination" section on page 3. B, The district ~ould hold an annual, meeting with the cities and. coUnties to discuss capital improvement projects on line for the coming year and try ~o achieve, broad agreement among the parties on sources of'funding for the projects. Bd. of Water/Soil Res. Fax:612-297-5615 Jan 26 '98 15:25 P. 09/17 The district should consider using additional engineering rums or the Hennepin Conservation District on capital improvement project design, as presented under the "Financial Accountability" segion og p_ages .4.an_d ~.. ............ IV. The district should consider using kit7 engineers as project managers, as presented in the "Financial Accountability" sectionon pages 4 and 5. Hennepin County should establish "guiding principles and standards" for,selecting managers and judging P'~fformmace. VI. Cities that have not a,l~eady done so shoed designate a' tee ~,h~ical and policy representative to ac~; as liaison'witti the distri,ct.. CONCLUSION Managing water resources in a. re.sponsible and effective manner is extremely challenging. In today's urban setting this challenge is made even more complex by the many political boundaries that are crossed. The large population center of'the Minneapolis area, the wealth o.f water resources, including such regionally significant ones as, the Chain of Lakes,,Minnehaha Creek, and Lake Mimaetonka, coupled with the'primarily agricultural nature of file upper reaches of the watershed combine to make. the district's job very complicated and yet extremely important. The district has shown innovative leadership. While .the Board of Water and Soft Resources has made some recommended changes, the overall job the Mirmehaha Creek Watershed District has done in the management of such important waters has been, for all'purposes, qui~.e satisfactory. In conclusion, the Board of Water and'Soi) Reso.,~.ces offers assistance to work with Hennepin County, the district, and the cities, towards establ!si~ing a strong framework for watershed management within the Minnehaha.Creek Watershed District. Bd. of Water/Soil Res. Fax:612-297-S615 3an 26 '98 13:21 P. O1/17 Date: January 26, 1998 To: DianeLynch 471-0682 Louis Smith 344-1550 From: Jim Haenel Ph: 297-2906 Board of Water m~d Soft Resources Metro Region One- West WaterS~eet Suite 250 St. Paul, Milmesota 55107 Phone: 282-9969 Fax: 297-5617 Page I of 17 If you have any transmission problems~ please contact Joan Anderson at 296-3767. Bd. of Water/Soil Res. Fax:612-29?-5615 3an 26 '98 13:22 P. 02/17 One west Water Sb'eet Suite 200 St. Paul. MN 55107 (612) 296-3767 Fax (612.) 2.97-5615 Field Offices Northern Region: 394 S. Lake Avenue Room 403 Duluth. MN 55602 (218) 72,3-4752 Fax (218) 723-4794 3217 Bemicljl Avenue N. Bemidji, MN 56601 (216) 755-4235 Fax (218) 755-4201 217 S. 7th Street Suite 202 Brainerd, MN 56401-3660 (218) 625-2383 Fax (218) 828-6036 Southern Region: 261 Highway 15 S, New UIm, MN 56073-8915 (,507) 359-6074 Fax (507) 359-6018 40--16th Street SE. Suite A Roc~hester, MN 55904 (507) 285-74,58 Fax (507) 280-2875 Box 2.67 1400 E. Lyon Street Marshall, MN 56258 (507) 537-6060 Fax (507) 537-6368 Metro Region: One West Water Street. Suite 250 St. Peul, MN 55107 (612) 282-9969 Fax (612) 297-5615 An equal opportunity employer Printed on recycled paper January 26, 1998 Board of Hennepin County Commissioners A-2400 Governme/~t Center Minneapolis, MN 55487-0240 Dear Commissioners: The Board ~/f Water and SOil Resources has completed the enclosed report on the Minnehaha Creek Watershed District as requested by resolution no. 97-9-624R3. which wa,, adopted by the County Board on' September 23, 1997. Also enclosed isa memorandum from the office of the state auditor. Although no violatiOn of applicable statutes, rules anti regulations was found, the report offers several recommendations. The Board c>f Water and Soil Resources will continue to. work with the District, and cities, to implement these recommendations. It is evident .that the .District has made some significant changes over the past several months..We are also aware that the District il presently in the process of imptementir}g some o£ the recommendati.0ns brought f~orth in the report. Cities have been generally satisfied with the progres., made by the stormwater task force dealing with Rule B. It is our intent, to keep the, momentum.going and foster better working relationships wi'th the Distri, ct. ¢iiies and the county. Please feel free to co.ntact Jim Haertel o.f my staff at 297-2906 should you wish to discuss this matter further, Executive Director Enclosures cc's on attached page Bd. of Water/Soit Res. Fax:612-297-5615 .]an 26 '98 13:22 P. 03/l? cc: Cities and Townships in District District Board of Managers Diane Lynch; District-Administrator Louis Smith, District Counsel Mike Panzer, District Engineer Vern Genzlinger, Hennepin County Public'.,Works Director Janet Leick, Hennepin County Environmental,Services Manager Roger Williams, Office of Dispute Resolution Kathleen Docter, Office of the State Auditor BWSR Staff: Birkholz, Thomas, Hae~tel, Sandstrom · Bd. of ~ater/Soil Res. Fax:612-297-5615 gan 26 '98 13:26 , ,8 P. 10/17 interoffice MEMORANDUM ~CEtvEo OEO 2 2 1~? To: Jim H~crtcl RECEtV~.3. ,:3 9 1998 From: Tom Karlson Subject: Mirmebaha Creek'Watershed Date: December 19, 1997 Finally, I have completed, some notes on my review of the 1994, t995, and t996'audited financial statements for the Minnehaha Creek WatezshecI District. I did some comparison of revenues, expenditures, and fund balances over the y. ears.. Attached are my observations from reviewing the reports and some schedules comparing the' years.. The notes are not arranged in any particular order. Please.call i£yo.u have any questions. Bd. of Water/Soil Res. Fax:S12-29?-5615 3an 26 '98 15:26 F. 11/1/ Review of Minnehaha Watershed District Financial Statements for I994,1995 and 1996 Annual Audit: The District wu audited by CPA ~ns.for each year reviewed In 1994 the finn was Larson Allen Weishair & Co. In 1995 and t 996 the. firm was Babcock, Langbe'm and ComPany. My personal experience has been that I hay6' been more impressed by the quality of reports issued by Larson Allen Weishair & Co. than the latter finn. Independent Auditor's Report: In all three years the District received an .unqualified"clean". opinion on their financial statement~, In other words it was the auditors' opi~on their the financial statements were fairly presented in all material respects. There were a couple minor errors'in the wording for the 1995 and 1996 opinions. Other Auditor Reports: The audits were conducted under Government Auditing $iartdart~, issued, by the Comptroller General of the US. These standards require reports, on internal control and compliance to, be issued. For all three years these re-ports were issued. These ,eports.indic. aie that the auditor's had no issues of noncompliance that were required to be. issued and no material reportable conditions. In the 1996 Babcock, Langbein actually erred by stating they noted no reportable conditions. Thi,~cmally a violation of auditing standards. (Codification of Statements on Auditing Standards AU § 326.17). What all the above means is that the firms reported no findings or recommendations related to their audits of the District. In some cases CPA finns issue separate management leuers directly to mangement. There is.no indication that they have done this, but you may want tO ask the D/strict if they have received separate Ierters. Financial Statements: A few minor presentation errors, noted in the 1995 ano 1996 financial statements. However, nothing , too critical. The one curious item is that the Gehera} (Administrative) Fund .in 1995 had a .$3,000,000 certificate of deposit that it did not have in ,1994.. The revenues of the General Fund were only $265,000 so they were not the source ofthi, s investment. It came. from the. Special Revenue Funds, in particular the tax revenues of the Management Planning Fund. The General Fund does have a liability to the Special Revenue Funds, but the interest earned on the project revenues are being used to eliminate the General Fund's deficit. Bd. of [dater/Soil Res. Fax:612-29?-5615 .]an 26 '98 15:26 P. 12/17 Fund Balances: From the schedule of fund balances you can sec that the financial condition kit a low in 1994. At that time the'Dislrict-had an overall deficit' of $,115,494. The overall deficit was duc to thc large., $324,004 in the General Fund. The condition 0fthe Genial Fund has improved over the last two years. Two other funds also had deficits at the end of 1996. The project revenues of the Management Planning Fund are rcspomible for the heal, thier lookSng total fund balance. The deficits result fi-om expending funds without current revenue sources. Revenues: No major observations on revenues. Property taxes are. their primary somce of revenue. Total revenues of course increased due to the large proje'~s started in i 995. Expenditures: As was the case with revenues,, expenditures have increased in the last r~.o years {tue to the large projects. The largest expenditure has be'~ for engineering, which is probably understandable due to the nature of their purpose. 'Possibly morp, unusual is the large amount of legal expenditures, which, have ranged from about 10% oftota} expenditures to ahgh of 26% in 1.994. On the issue of managers' per diem, they have incre~ed each year from $22,436 in 1993. to $60,423 in 1996.. On the flip side coordinator's expense has dropped from $79,62.0 in 1993 to. $11,201 in 1996. An unusual item was a negative expenditure in 1995 labeled "Retu~ed Wayzata Check" for $175,540. Generally should not have negative revenue or exPenditure amounts. ~ Summary: Reviewing financial statements will not necessarily address the concerns raised about the Distr/ct. Based on no findings and clean opinions on the financial statements there are no major red flags that were noted from our review of the financial .statement reports. There are just some areas identified above that may require additional information to determine if there is anything to be concerned about. Bd. of Water/Soil Res. Fax:612-29?-5615 Jan 26 '98 13:27 P.i$/I? Minneheha Creek Watemhed District Review of Financial Statements Fund Balances 1993 to 1996 Fund Balance - December 31 Total 1996 3,526,703 1995 1994 1993 1992 L · 3.042.164~. 236,8041 192,3461. O~ · - 0t General Administrative · :Fund' Management Water Survey Gleaeon Planning, Maintenance anc~ Data Creek.: Fund and Repair AcqUisition Fund (192,57~) 3,845.383 84;913 (1,420) (207.5.75 (261,242) 3427.604 79.503 3.875 (207.578 (324.Q04) 106,504 70,970, 24,200 6,836 (277,5~7) 459.385 73,626 41.594 (60,204) (239,530) 441,515 112.790 881 (123,310) Jan 26 '98 13:27 P. 14/17 Bd. of Water/$oit Res. Fax:612-297-5615 Bd. of Watec/$oii Res. Fax:$12-29?-ttlb 5an 2b '~¥ o] Bd. of Bater/So~! Res. Fax:612-29?-5615 &, ,, JJ~ , Jan 26 '98 13:28 P. 16/17 J, dl~ J, LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, February 11, 1998 Tonka Bay City Hall CALL TO ORDER ROLL CALL RECEIVED CHAIR ANNOUNCEMENTS, Chair Babcock Reminder - Save the Lake Recognition Dinner, February 12, 1998, Lord Fletchers of the Lake. READING OF MINUTES - 1128198 Regular Board Meeting 1/4/98 Workshop/Planning Session (handout) PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA - Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests a discussion of any item, in which case the item will be removed from the consent agenda. LAKE USE & RECREATION A. Hennepin Parks, 1997 Water Quality of Lake Minnetonka (previously sent out in 1128/98 Board packet); B. Review and approval of draft LCMR application for blanket funding for future public access on Lake Minnetonka/LMCD-DNR Memorandum of Understanding; C. Proposed Personal Watercraft Legislation Changes; D. Additional Business; e WATER STRUCTURES A. 1998 Multiple Dock/District Mooring Licenses, approval of 1997 multiple dock/district mooring license applications, w/o change, as outlined in 2~5~98 staff memo; B. Additional Business; 3. EWM/EXOTICS TASK FORCE 4. SAVE THE LAKE 5. FINANCIAL A. Audit of vouchers for payment; · 211198-2115198 B, Update on Spring Park's past levy payment issue; C, Additional Business; 6, ADMINISTRATION A. Records Retention Plan update; B, Discussion on Board meeting attendance; C, Additional Business; 7. EXECUTIVE DIRECTOR REPORT 8.~ OLD BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT REGULAR BOARD OF DIRECTORS MEETING 7:00 P.M., Wednesday, lanuary 28, 1998 Tonka Bay City Hall PUBUC HEARING Dr. Glen Nelson, Stubbs Bay, Orono, Consideration of a new multiple dock license application to reduce the number of Boat Storage Units (BSU's) from 9 to 8 and to reconfigure the structure on 1,242' of continuous shoreline. Vice-Chair Foster opened the public heating at 7:01 p.m. He asked staff to provide background on the proposed application. Randall stated the applicant has submitted a new multiple dock license application to reduce the number of BSU's from nine to eight and to relocate the BSU's within their authorized dock use area. She noted the existing structure is a conforming multiple dock and three families who have combined their dock use areas share it. She added staff has requested the applicant to apply for the new multiple dock license, with public hearing, because there is a substantial change in the type of watercraft to be stored at the dock. She noted three water bikes to be stored would be converted to two boats in the proposed application. There were no comments from persons in the audience on this issue. All parties being heard, Vice-Chair Foster closed the public heating at 7:05 p.m. CALL TO ORDER Vice-Chair Foster called the meeting to order at 7:05 p.m. ROLL CALL Members present: Andrea Ahrens, Mound; Bob Ambrose, Wayzata; Kent Dahlen, Minnetonka Beach; Bert Foster, Deephaven; Tom Gilman, Excelsior; Lili McMillan, Orono; Gene Partyka, Minnetrista, Bob Rascop, Shorewood; Herb Suerth, Woodland. Also present Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Nancy Randall, Administrative Technician. Members Absent: Douglas Babcock, Tonka Bay; Craig Nelson, Spring Park; Sheldon Wert, Greenwood; Victoria and Minnetonka have no appointed members. CHAIR ANNOUNCEMENTS * Foster reminded the Board of the "Save the Lake" Recognition Dinner scheduled for February 12, 1998 at Lord Fletchers of the Lake. READING OF THE MINUTES Partyka moved, McMillan seconded to approve the minutes of the January 14, 1998 Regular Board meeting as submitted. Ayes (5), Abstain (2, Dahlen, Foster); Motion carried. PUBLIC COlVlMENT$ There were no public comments from persons in attendance on subjects not on the agenda. Ambrose and Gilman arrived at this time. Lake Minnetonka Conservation District Regular Board Meeting January 28, 1998 -2- Foster recommended due to the number of people in the audience interested in the discussion of the draft LCMR application, that agenda item 2A be moved ahead of agenda item lA. MOTION: Rascop moved, Ambrose seconded to move to agenda item 2A ahead of agenda item lA. VOTE: Motion carried unanimously. 2. LAKE USE AND RECREATION A. Review of draft LCMR application for blanket funding for future public access on Lake Minnetonka. Foster introduced this agenda item by providing a background on why staff has been directed to prepare the draft LCMR application for Board review. He noted:. · The LMCD Management Plan calls for the improvement of the car/trailer parking on Lake Minnetonka. · A Task Force some years ago confu'med the number of 700 car/trailer spaces for the Lake. · A Lake Minnetonka Lake Access Task Force Report was assembled. · At the same time this Report was being completed, the MN DNR and the City of Orono were assembling a program to install the recently completed public access in Maxwell Bay. He added for the first time, to the best of his knowledge, on Lake Minnetonka, this was a city cooperating with the MN DNR in a win-win situation involving a new public access. · To some extent, the MN DNR has the power of eminent domain to purchase property, to set aside all local ordinances, and to put in a lake access pretty much where they please. He added the MN DNR has backed off on that approach and has agreed not to pursue future public access on Lake Minnetonka without full local involvement, not to pursue the purchase of property without contacting the LMCD and the affected city, and to do it in an open process. · This was included in the Lake Access Task Force Report in that future public access will be done in cooperation with the local cities, within the community, with plenty of open meetings, and that it has got to be a win-win situation for all parties for it to happen. The LMCD has been assigned to report to the public on a bi-annual basis the number of certified car/trailer spaces on Lake Minnetonka. He added currently there are about 400 that are certified. He indicated the quality of car/trailer spaces is the issue rather than the number available. The LMCD was recently approached by a consultant who is working with the MN DNR on how to increase the number of quality car/trailer spaces available to the public. He added the Report recommends the funding be made available from state and regional sources rather than locally. The MN DNR suggested the LMCD make application for LCMR funds for blanket funding of future public access without a specific site in mind. He added it appears as Lake Minnetonka Conservation District Regular Board Meeting - 3 - January 28, 1998 though the application will be stronger with a specific site in mind; however, one has not been determined yet. If a site were determined in the near future, it would be the LMCD's intention to amend the LCMR application to have it be for site specific and potentially include the affected city as a co-applicant. He noted there is a deadline for LCMR applications of 2l 13/98. He asked for comments from the Board or the public. Ambrose asked if a blanket site application is submitted and a site becomes available, would the LCMR allow the application to be amended? Foster stated he believed it could be amended and that the local city or the MN DNR want to be joint applications. Gabriel Jabbour, Mayor of Orono, stated the Orono had some initial concerns with the speed of the LCMR application, the fact that original discussion was not on the Board agenda, and the fact that the DNR has asked the LMCD to spearhead the funding request. He noted for the public access on Maxwell Bay, funding was a combination of LCMR and state bonding. He stated a concern he had is that it is imperative the cities are on the ground level of the process. He noted the MN DIqR has to get site-specific eminent domain authority from the legislature. He added he is all in favor of what the LMCD is trying to accomplish, but there is a need to negotiate some issues with the DNR. These issues include how the city is to be reimbursed for loss of taxes, how the city and the DNR are involved in the direct negotiation, and that a specific model of negotiation be established. He recommended the role of the LMCD to be a vehicle in the funding mechanism and to establish a mechanism similar to that outlined in the letter from the city administrator from Minnetonka. He added the LMCD may want to consider diversifying the projects be applied for in the LCMR application. He concluded the LMCD should include the input from the Lake Minnetonka Association to balance the interests of all parties. Bob Beutler, President of the Lake Minnetonka Association, questioned why the LMCR application was not scheduled on the last agenda and commented there is a need to establish a plan before trying to secure funding. Foster stated that the 1992 Lake Access Task Force Report lays out a plan for obtaining a site for access. He noted the LMCD would not move forward on a project unless it is a win-win situation for all the stakeholders. Nybeck clarified the LCMR application discussion was not placed on the 1/14/98 Board agenda because staff was not contacted by the DNR until after the agenda packets were sent out. Gordon Kimball, Recreation Professionals, Inc., stated that the DNR is using the Lake Task Force Report as a guide for future public access on Lake Minnetonka. He noted the DNR has learned from prior experiences to work with the cities. He stated now is the time Lake 1Wmnetonka Conservation District Regular Board Meeting January 28, 1998 to pursue a LCMR funding application because it is in its funding cycle. memorandum of understanding could be drawn up. -4- He concluded a Howard Bennis, Mayor of Deephaven, stated he believed there is a need to talk to communities up front before negotiating with a property owner. Foster informed everyone that the DNR is now looking for sites that are already outlined in the task force report. He added they are talking to see if it is possible to obtain an option to purchase, then the site will be made public according to the Report. He asked for clarification from Mayor Sabbour on how lost taxes were reimbursed for the Maxwell Bay access. Sabbour stated that the original idea was to have the DNR pay the taxes to the City of Orono; however, the legislature passed a new law that did not allow this to occur. Don Germanson, past President of the Lake Minnetonka Association, stated he was quite involved in the preparation of the Report and encouraged proceeding with the LCMR application. Bruce Palmer, Mayor of Minnetonka Beach, questioned who would build the public access ramp, who would manage it, and why the DNR is not making application for LCMR funding. Nybeek stated staff could prepare a memo clarifying the LMCD's position in regards to the questions raised by Mayor Palmer. MOTION: Foster moved, Ambrose seconded to table further discussion of the LCMR application to the 2/11/98 Board meeting, to direct staff to work with the MN DNR on establishing a memorandum of understanding, to direct staff to consider diversifying the projects on the LCMR application, and to consider editorial changes to the application. VOTE: Motion carried unanimously. 1. WATER STRUCTURES A. Glen Nelson, Discussion on Public Hearing for new multiple dock license application. MOTION: Rascop moved, Partyka seconded to approve the new 1998 multiple dock .. license application for Dr. Glen Nelson, subject to the applicant securing approval from the DNR, the City of Orono, and any other governmental jurisdictions. VOTE: Motion carried unanimously. Lake Minnetonka Conservation District Regular Board Meeting January 28, 1998 -5- B. Ed Yaeger, consideration of request for full refund of 1997-98 deicing application fee and deposit. Nybeck clarified the letter from Mrs. Yaeger who requested a full refund of 1997-98 deicing application fee and deposit. He stated staff had conducted inspections recently and that deicing is not being done this winter. He noted the refund should be for $225.00 rather than the $125.00 requested in the letter. MOTION: Rascop moved, Gilman second to approve the request from Marjorie Yaeger for a full refund of $225.00 for 1997-98 deicing application fee and deposit. VOTE: Motion carried unanimously. C. Additional Business There was no additional business. LAKE USE AND RECREATION B. Hennepin Parks, 1997 Water Quality of Lake Minnetonka (to be reviewed at 2/11/98 Board meeting). Nybeck stated that this report would be discussed at the 2/11/98 Board meeting. No action was taken at this time. C. Additional Business There was no additional business. 3. EWM/EXOTICS TASK FORCE Suerth stated he believed that information regarding zebra mussels and the boat spraydown program could be communicated better to the public. He suggested the LMCD should consider an informational booth at future Boat and Sports Shows. Foster noted that establishing a booth at these shows is a lot of work; however, it may be a good idea if volunteers are willing. 4. SAVE ~ LAKE There was no discussion. FINANCIAL A. Audit of vouchers for payment · 1/15/98 - 1/31/98 Lake Minnetonka Conservation District Regular Board Meeting January 28, 1998 -6- Nybeck reviewed the audit of vouchers for payment for the period of 1/15/98 - 1/31/98. MOTION: Gilman moved, Rascop seconded to approve the audit of vouchers for the period of 1/15/98 - 1/31/98 as submitted. VOTE: Motion carried unanimously. B. December Financial summary & balance sheet. Nybeck reviewed the financial summary and balance sheet. MOTION: Rascop moved, Gilman seconded to accept the December financial summary and balance sheet as submitted. VOTE: Motion carried unanimously. C. Additional Business There was no additional business 6. ADMINISTRATION A. Review of draft position announcement and position description for Planning/Special Projects intern. Nybeck reviewed the draft position announcement and position description noting the main emphasis of the position will be to assist staff on implementation of management plan projects. He noted it will be approximately a three month internship at a compensation rate of $8-$10 per hour depending on the candidates qualifications. It will be posted at selected universities and will be advertised with the League of Minnesota Cities and the Minnesota American Planning Association. Rascop recommended the position description should be expanded to include educational tasks. An educational task he recommended was to establish a boater educational program with the local schools. Gilman questioned whether this is a job responsibility you want an intern to perform. He added if this is a task you want done, current staff should do it with the intern relieving some of the workload of the full-time staff. MOTION: Gilman moved, Ambrose seconded to approve the position announcement and description for a Planning/Special Projects intern this summer, and to authorize staff to begin the search for qualified candidates. VOTE: Motion carried unanimously. Lake Minnetonka Conservation District Regular Board Meeting January 28, 1998 -7- B. Consideration of compensation adjustment for Executive Director. MOTION: Partyka moved, Ambrose seconded to approve a compensation adjustment for Gregory Nybeck to the amount of $42,000 annually, with pay adjustment retroactive to August 18, 1997, and to establish an annual review date of October 1. VOTE: Motion carried unanimously. C. Ordinance Amendment, 1st reading of an ordinance relating to public hearings before the Lake Minnetonka Conservation District Board of Directors; amending LMCD Code Section 1.05, Subd, 3. MOTION: Ahrens moved, Partyka seconded to approve 1'~ reading of the ordinance amendment, to waive 2nd and 3rd readings, and to adopt the ordinance amendment. VOTE: Motion carried unanimously. D. Additional Business. There was no additional business. 7. EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: · A copy of the Executive Director Newsletter is enclosed for your review. · Staff has located the Financial Management and Investment policy and has enclosed a copy of it for your review. Partyka suggested staff check and verify that this was the final copy approved by the Board. Nybeck said that he would review the minutes to see if this was the draft adopted by the Board. · A copy of the February Calendar is enclosed for your convenience. OLD BUSINESS There was no old business. 9. NEW BUSINESS Lake Minnetonka Conservation District Regular Board Meeting January 28, 1998 -8- There was no new business. 10. ADJO~~r There being no further business, Vice Chair Foster adjourned the meeting at 8:40 p.m. Bert Foster, Vice-Chair Eugene Partyka, Secretary \kDime\win955My Documents~Minutm~Jmwy28.&~