The URL can be used to link to this page

1998-02-24AGENDA MOUND CITY COUNCIL TUF_~DAY, FEBRUARY 24, 1998, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING - PLEDGE 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 Consent Agenda and voted upon after the Consent Agenda has been approved. *3. CONSENT AGENDA *A. APPROVE THE MINUTES OF THE FEBRUARY 10, 1998, I~GULAR MEETING ................................... 443-450 *B. APPROVE THE MINUTES OF THE FEBRUARY 17, 1998, COMMITTEE OF THE WHOLE MI?~.TING ..................... 451-452 *C. CASE 98-01: VARIANCE, LAKESIDE SETBACK, CONSTRUCT A NEW HOME, BRAD STANNARD, 4930 WILSHIRE BLVD, LOT 8, BLOCK 18 & 39, WYCHWOOD PID//24-117-24 14 0051 ........................ 453-471 *D. CASE 98-03: VARIANCE, FRONT AND SIDE SETBACK OF EXISTING GARAGE, TO CONSTRUCT A CONFORMING ADDITION, THOMAS AND PATRICIA PETERSON, 4882 EDGEWATER DRIVE, LOT 13, SUBDIVISION OF LOTS 1 & 32 SKARP & LINDQUIST'S RAVENSWOOD PID #13-117-24 41 0042. 472-488 *E. APPROVAL OF RESOLUTION NO. 98- RESOLUTION AUTHORIZING SUBMITTAL OF 1998 GRANT APPLICATION FOR RECYCLING AND EXECUTION OF GRANT AGREEMENT ...... 489-490 *F. CONCEPT APPROVAL FOR THE PURCHASE OF ELECTION EQUIPMENT BY HENNEPIN COUNTY AS PART OF A COUNTYWIDE REPLACEMENT AND UPGRADE ............ 491-494 441 *G. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION RE: VACANCY ............................... 495 *H. PAYMENT OF BILLS ................................... 496-506 PUBLIC HEARING: 1998 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ................................... 507-528 PRESENTATION OF 1997 ANNUAL REPORTS: - JON SUTHERLAND, BUILDING OFFICIAL ....................... - LEN HARRELL, POLICE CHIEF .............................. 542-575 - JOEL KRUMM, LIQUOR STORE MANAGER ...................... 576-581 - GINO BUSINARO, FINANCE DIRECTOR ........................ 582-595 CONTINUED DISCUSSION: PROPOSED 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 ANY BY MINORS AND AMENDING SECTION 510:10, SUBD. 2, OF THE CITY CODE RELATING TO FEES FOR CIGARETTE LICENSES ..................................... 596-623 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. INFORMATION/MISCELLANEOUS: January 1998 Financial Report as prepared by Gino Businaro, Finance Director ............................. 624-625 B. Park & Open Spacce Commission Minutes - 2-12-98 ................. 626-628 REMINDER: Joint meeting with School Board re: Joint Powers Agreement is scheduled for Thursday, March 12, 1998, 7:30 p.m., Westonka Community Center. REMINDER: CITY COUNCIL PHOTOGRAPH, TUESDAY, FEBRUARY 24, 1998, 6:30 P.M., CITY COUNCIL CHAMBERS. 442 MINUTES- MOUND CITY COUNCIL - FEBRUARY I0, 1998 MINUTES - MOUND CITY COUNCIL- FEBRUARY 10, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 10, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, hi C ty. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and Leah Weycker. Absent and excused was Couneilmember Liz Jensen. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Public Works Supt Greg Skinner, former Fire Chief Steve Erickson, current Fire Chief Greg Pederson and City Clerk Fran Clark and the following interested citizens: Eileen Heitz, Jeanette Maas, Marilyn Byrnes, Wanda Martens, Violet Sollie, Roberta Flatten, Tom Casey, John Kraayerbrink, Steve Johnson, Brian Beniek, John Gabos, Barb Casey, Wes & Rene LaFormne, larry Heitz, Christine Valerius, Gretchen Smith, Gene Smith, Becky Cheme, Greg Knutson, Paul Jereczek, Bev Botko, Gina & Mark Smith and Keith Foerster. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a 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 MOTION made by Ahrens, seconded by Weycker to approve the Consent Agenda as presented. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE JANUARY 27, 1998, REGULAR MEETING. MOTION Ahrens, Weycker, unanimously. *1.1 APPOINTMENT OF ASSISTANT WEED INSPECTOR. RES. # 98-17 RESOLUTION TO APPOINT JIM FACKLER ASSISTANT WEED INSPECTOR FOR 1998 Ahrens, Weycker, unanimously. AS MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 '1.2 RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE VFW POST//5113 - MOUND. RES. # 98-18 RESOLUTION APPROVING A PREMIgES PERMIT RENEWAL APPLICATION FOR THE VFW POST #5113 - MOUND Ahrens, Weycker, unanimously. '1.3 BID AWARD: 1998 ONE TON DUMP W/PLOW AND SANDER. RES. #98-19 RESOLUTION TO APPROVE THE BID OF THURK BROS. FOR THE 1998 1 TON TRUCK 9' BED WITH SANDER AND V-PLOW IN THE AMOUNT OF $35,981.00 Ahrens, Weycker, unanimously. '1.4 CASE/D8-02: STEVE & PAM JOHNSON, 6041 RIDGEWOOD ROAD, LOT 21, BLOCK 6, THE HIGHLANDS, PID #23-117-24 34 0002 - VARIANCE REQUEST: ADDITION TO HOME. //98-20 RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE FOR A NONCONFORMING GARAGE AND TO CONSTRUCT A CONFORMING SECOND STORY ADDITION AT 6041 RIDGEWOOD ROAD, LOT 21, BLOCK 6, THE HIGHLANDS, PID 23-117-24 34 0002, P & Z CASE//98-02 Ahrens, Weycker, unanimously. '1.5 ORDINANCE EXTENDING MORATORIUM REGARDING THE REGULATING OF TRANSMISSION AND RECEPTION FACHJTIFS OF COMMI~RCIAI, WIRELESS TELECOMMUNICATION SERVICEg. ORD. #95-1998 AN ORDINANCE EXTENDING MORATORIUM REGARDING THE REGULATING OF TRANSMIgSION AND RECEPTION FACILITIES OF COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES Ahrens, Weycker, unanimously. · 1.6 LICENSE RENEWALS - GARBAGE HAULERS. The following licenses are up for renewal. The license period is March 1, 1998 through MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1~)8 February 28, 1999. Approval is contingent upon all required forms, insurance, etc. being submitted. Garbage Best Disposal Blackowiak & Son Randy's Sanitation Westonka Sanitation BFI of Minnesota (formerly Wotxtlake Sanitation) o Ahrens, Weycker, unanimously. '1.7 PAYMENT OF BILLS. MOTION Ahrens, Weycker, unanimously. 1.8 PETITION TO REMOVE STREET LIGHT AT THE INTERSECTION CAMBRIDGE LANE AND BEDFORD ROAD The City Manager explained that last summer a petition was received from residents of this area requesting this light. The Staff reviewed the request, talked to the neighborhood and recommended that a light be installed. The light was installed. Now we have a petition from some of the neighbors requesting the light be removed because they feel it is intrusive. He explained that attempts were made by NSP to put a shield on the light, but some neighbors did not feel this was adequate. The Council asked if the light could be moved. The Public Works Supt. stated that is could be moved but it would not provide adequate lighting for some of the people who had petitioned to have it installed. The following persons spoke in favor of removing the street light for the following reasons: 1. Violet Sollie 2. Wanda Martens 3. Roberta Flatten 4. Tom Casey 2. 3. 4. 5. REASONS: Don't need it. Waste of taxpayers money. Shines into homes and yards. Can't see the stars. They would like to work this out in the neighborhood with private directional lighting. The following persons spoke or submitted letters in favor of leaving the street light as it is: MINUTES - MOUND CITY COUNCI~ - FEBRUARY 10, I~8 1. Pauline Doherty 2. Marilyn Byrnes 3. Genevieve Carlson 4. Robert Carlson 5. Larry Hietz The Council discussed the light but did not feel there were strong arguments to remove it. They would rather see the neighborhood work this out together before making a decision to remove or leave the light where it is. MOTION made by Hanus and seconded by Ahrens to leave the light the way it is and have Staff work with NSP and the neighborhood to f'md an equitable solution for both sides. The vote was unanimously in favor. Motion carried. 1.9 PRESENTATION OF 1997 ANNUAL REPORTS: JIM FACKLER, PARKS DIRECTOR: GREG SKINNER, PUBLIC WORKS SUPERINTENDENT~ STEVE ERICKSON, FORMER FIRE CHIEF~ AND FRAN CLARK, CITY CLERK The City Manager explained that Jim Fackler, Parks Directors was ill and was not here for his annual report. The following Department Heads presented their 1997 annual reports to the City Council: Greg Skinner, Public Works Superintendent; Steve Erickson, Former Fire Chief; and Fran Clark, City Clerk. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.10 PROPOSED CIGARETTE ORDINANCE AMENDMENT. The City Clerk explained the proposed ordinance amendment that would bring the City into compliance with the new State Law with regard to discouraging underage tobacco usage and issuing Cigarette Licenses. The Council discussed the new State legislation and unfunded mandates. Some of the Council did not agree with training minors to do compliance checks. The Council asked if there are other options than adopting this ordinance. The City Attorney stated that he thinks the purpose of this Statute was to give cities the authority to do this kind of compliance check, not to mandate them. He would like to have time to research this further. Chris Valarius, owner of Mainstreet Market, stated she is not in favor of this ordinance amendment because the state already does these compliance checks. She also does not like the section on prohibiting self-service of all tobacco products because she will lose the payments for the multiple pack self-service displays in her store. The Council discussed the duplication of having the State and the City doing compliance checks. The City Attorney advised that according to the Statute if we are going to be the licensing authority, we have to adopt this ordinance. It appears that if we chose not to be the licensing MINUTES- MOUND CITY COUNC1L - FEBRUARY 10, 1998 authority, then the County will have to be the licensing authority. He would like time to research this also. The Mayor stated that he wants to insure that the City is not adopting an ordinance that is duplicating compliance checks, if, in fact the State is already doing them. The Mayor also objected to the compliance check pan of this law which encourages young people to be devious. P01st0n moved and Hanus seconded a motion to continue this item to the next City Council Meeting, February 24, 1998, to allow Staff to research the compliance checks issue and see if there are other options. 1.11 APPROVAL OF ROANOKE LANE MULTIPLE DOCK SLIP & APPROVAL OF DEVON LANE MULTIPLE DOCK SLIP. The City Manager explained that in the 1998 Budget, it was recommended by the Dock and Commons Advisory Commission (DCAC) and subsequently approved by the City Council to spend up to approximately $22,500 for two multiple dock sites, one at Roanoke Lane and one at Devon lane. This was reviewed by the DCAC and is now before the Council for approval. He pointed out that there is information submitted by some residents who are in disagreement with this particularly the dock proposed for the Roanoke Lane site. DEVON LANE ACCESS: The Mayor stated that the people from the Devon Lane Access were present at the DCAC and were in favor of it. ROANOKE LANE ACCESS: He stated there were several people opposed to the dock configuration of up to a 100 foot straight dock at the Roanoke Access. Since that meeting there has been a letter from someone who has an objection to the configuration and reducing the number of docks. The Mayor stated there were no non-abutting people in attendance. A suggestion was made to send out letters to all of the people who would be affected to let them know that the City Council would be considering this tonight. This was done. The Mayor then suggested that the Council approve the multiple dock slip for the Devon Lane Access and refer the Roanoke Lane Access back to the DCAC to reassess whether there is support of this multiple dock at that access. He emphasized that this is a voluntary program. The Council asked if there was any public comment on this item. The following people spoke: 1. Wes LaFortune, 4649 IVD - Asked if any comments from non abutters was received? Councilmember Weycker stated that 3 non abutters wrote letters after the notice was sent. 2 opposed and 1 in favor of the multiple dock at Roanoke Access. 2. Bob Schmidt, 4708 IVD - Stated there were two meetings on this. He attended the first MINUTES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 and at that time a 4 slip multiple dock with all slips at the end of the dock was proposed. He stated that then he received this letter and it was a straight dock with 3 sites. Barb Casey, 4704 IVD - Stated she is not interested in a multiple slip dock site. She stated she is a non abutting dock site holder and does not wish to be limited to just one boat or giving up the privilege to share a dock or giving up the privilege of owning her own dock. John Gabos, 4687 IVD - Stated he is an abutting property owner and didn't have any desire to change the existing situation at the Roanoke Lane Access. Greg Knutson, 4701 IVD - He likes it the way it is and sees no reason to change anything. Keith Foerster, 4645 IVD - Stated he is an abutter. In general he didn't have a big issue one way or the other, but he did have concerns that some of the other dock sites that are there are not easily accessible and in the past that is one reason they have not been used. He stated that the proposed multiple dock slip has worked in other places very well but some of the people opposed to this; A. Don't use their dock; B Have left their dock is disarray, sitting in front of abutters homes for them to look at. These issues need to be evaluated. C. Make sure that the people that use the Commons, use the access point and not private property to access their dock. Councilmember Weycker, stated she is opposed to this, because if both of these were approved, it would make the entire Devon Commons multiple docks so there would be no room for nonabutters to have any private docks. She stated this is a voluntary program and should be treated that way. The Mayor explained the whole intent of this multiple dock program has always been that this is a voluntary program that the City Council adopted to limit congestion on the Commons. It was not directed at the nonabutters, but simply to facilitate by giving trade-offs to the nonabutters by the City picking up the portion of those docks and putting them in and taking them out and to limit congestion on very small isolated Commons in front of people's houses. It is not intended to become a political issue being fought by abutters and nonabutters over whether or not they will have access to docks or not. The Mayor further related that there are two places in the City where this multiple dock slip concept is working very well and people are very happy with it. MOTION made by Polston and seconded by Hanus to approve the multiple slip dock for Devon Lane Access and refer the multiple slip dock for Roanoke Lane Access back to the DCAC to determine if both abutters and nonabutters support this action. Councilmember Weycker asked if all the nonabutters being put at the Devon Lane multiple dock were notified and were in favor of it. Mayor Polston stated that all who were at the meeting were in favor of it. Councilmember Weycker stated that from the DCAC Minutes she could only come up with 1 or 2 nonabutters in MINU'IES- MOUND CITY COUNCIL - FEBRUARY 10, 1998 attendance. The Mayor stated that there were 3 meetings on this and it was the opinion of the DCAC that they were in favor at Devon Lane. The vote was 3 in favor with Weycker voting nay. Motion carried. INFORMATION/MISCELLANEOUS: A. De 3artment Head monthly reports for January 1998. 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. C. 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 Commission on Minnesota Resources (LCMR) for funds for added or improved car trailer parking facilities on Lake Minnetonka 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. MINUTES- MOUND CITY COUNCIL - FEBRUARY I0, 1998 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. RF_aMINDER: City Council photograph is confirmed for Tuesday, February 24, 1998, 6:30 p.m., Mound City Hall. REMINDER: HRA Meeting, Tuesday, February 10, 1998, 7 p.m., Mound City Hall. SPRING CLEAN UP DATE - May 2, has been suggested. MOTION made by Weycker, seconded by Ahrens to adjourn at 9:25 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk Edward J. Shukle, Jr., City Manager MINUTES-COMMITTEE OF THE WHOLE-FEBRUARY 17, 1998 The meeting was called to order at 7:30 p.m. Members Present: Mayor Polston; Councilmembers: Ahrens, Hanus and Weycker. Absent and Excused: Jensen. Also Present: School District B0ardmembers: Pinegar, Charon and Bittle; Dr. Para Myers, Supt. of Schools; Bert Haglund, TSP/EOS; Bil Hawks and Ed Shukle, City Manager. Mayor Polston opened the meeting which was devoted solely to a discussion of the proposed joint powers agreement between the School District and the City of Mound. Ed Shukle, City Manager, provided background information regarding the draft of the agreement. He indicated that the initial draft had undergone some changes and that the draft in front of the group this evening was the third. He indicated that the proposed agreement captured the previous discussion of the two governing bodies and it would be appropriate, at this time, to go through the agreement page by page, section by section, to see if any further changes were needed. Mayor Polston led the discussion through each section and following the discussion, the City Manager was instructed to contact the City Attorney who would then make the suggested changes and needed clarifications. The draft would then go to the School District's attorney for his review before coming back to the next meeting which is scheduled for Thursday, March 12, 1998. A discussion was held on the subjects of construction methods. Ed Shukle outlined three approaches to construction used today: (1) General Contracting; (2) Construction Management; and (3) Design/Build. He asked that Bert Haglund review these approaches which Haglund then did. No direction was given on this item at this time. Ed Shukle and Dr. Pam Myers reported on their appearance before a Senate Education Committee at the State Legislature on February 4, 1998. They indicated that Senator Gen Olson had asked them to appear and testify on a bill that would remove restrictions that would allow the School District to issue debt on the proposed community center renovation. They reported that the bill was moved to the Omnibus Tax Bill for approval. The idea of sending formal invitations to the cities of Spring Park, Orono, Independence, Minnetrista and Shorewood regarding their involvement in the community center project was discussed. It was the consensus that a letter be sent, signed by Mayor Polston and Chairman Pinegar inviting these cities to participate and to attend the next meeting. It was noted that the next meeting is scheduled for Thursday, March 12, 1998, 7:30 p.m., Westonka Community Center. There was no other business. The meeting was adjourned at 11:30 p.m. Committee of the Whole Minutes February 17, 1998 Page 2 ~~, ,~tfully submitted, City Manager February 10, 1998 PROPOSED RESOLUTION #98- RESOLUTION TO APPROVE A LAKESIDE AND FRONT YARD SETBACK VARIANCES TO CONSTRUCT A NEW HOME AT 4930 WILSHIRE BLVD, LOT 8, BLOCK 18, SETON, BLOCK 39, WYCHWOOD PID 24-117-24 14 0051, P & Z CASE #98-01 WHEREAS, the applicants, Brad and Cheryl Stannard, have applied for lakeside and front yard setback variances to construct a new home at 4930 Wilshire Boulevard, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, and 60 feet of lot frontage, and; WHEREAS, the subject property is located at the intersection of Wilshire Blvd and Harland Lane along Emerald Lake and has 10,950 square feet of area above the flood plain, and; WHEREAS, the applicant is proposing to build a two-story home with an attached garage, and; WHEREAS, the lakeside (OHWL) has a 50 feet setback and the front yard setback of 30 feet, requiring variances of 9 feet and 22 feet respectively, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval of the variance recommend by staff with alterations, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 9 feet lakeshore and a 22 feet front yard variances with the following conditions: ao The applicant include a turn around in the driveway to prevent backing onto Wilshire Blvd. The applicant secure a driveway permit from Hennepin County prior to building permit issuance. The applicant explore an alternative avenue for location of the sanitary sewer stub connection, otherwise, will be required to secure a license to Cross Protected Waters permit from the DNR. The lowest finished floor elevation be at or above 933'. The Building Official review and approve building techniques to protect against foundation settling. February 10, 1998 Stannard - 4930 Wilshire Blvd Page 2 The City Engineer review and approve drainage plans prior to building permit issuance. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Building a non conforming 2 story home with attached garage. 4. This variance is granted for the following legally described property: That partof Lot 8 Block 18 Seton and that part of Block 39 Wychwood lying ELY of line a said line a desc as com at the most SLY cor of said lot 8 th NWLY along the SWLY lien thof to the most SLY cor of Block 39 Wychwood and the beg of line a th def right 86 deg 48 min to the N line of said lot 8 and there line a terminating. o o This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember and seconded by Councilmember. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk PLANNING REPORT Hoisington Koegler Group Inc. Illlrl TO: Mound Planning Commission and Staff FROM: Loren Gordon, AICP DATE: February 9, 1998 SUBJECT: New home front yard and lakeside setback variances OWNER: Bradley and Cheryl Stannard - 5232 Seabury Road CASE NUMBER: 98-01 HKG FILE NUMBER: 98-5b LOCATION: 4930 Wilshire Road EXISTING ZONING: Residential District R-1 COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is requesting front yard and lake side setback variances for the property located at 4930 Wilshire Blvd. to build a new home. The variance request information is listed below. Existing/Proposed Required Variance Front yard 8' 30' 22' Lakeside (OHWL) 41' 50' 9' The property is the vacant lot located at the intersection of Wilshire Blvd. and Harland Lane along Emerald Lake. The lot has 10,950 sf of area above the flood plain which meets the R-1 district requirements. The applicant is proposing to build a two-story home on the lot. The attached building plans show three bedrooms, two bathrooms, living and dining rooms, loft area, and an two-stall attached side-entry garage. A first floor living area is open to the second story and would walk out to the rear yard. Exterior siding materials are not shown but the plans indicate possibly a wood/vinyl siding with additional wood shake detail on the front side and chimney. 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 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 Stannard Variance Request February 9, 1998 generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of the ordinance have no control. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. C. 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. A soils survey was performed on the property to determine if additional foundation work would be required. The attached report indicates the presence of soils that are not conducive to providing adequate support for typical home construction. The engineer recommends that deep foundation anchors be incorporated into the foundation construction to prevent settling. The DNR has also provided comment on the case, there central issue being to stay within the setbacks. A letter recommending the city deny the request is attached. Other concerns are the need to secure a permit to cross wetlands for sewer connections and driveway permits from the County. The main issue to address with this case is should the home stay within the buildable area on the lot. With all setbacks applied, there is a uniform area of approximately 50 feet in width by 25 feet deep to build within. The current proposal will not fit within this area. Staff discussed other options with the applicant to get a home to fit within the buildable area. The applicant said the garage could be swung around to the west side of the home, although he felt this was a less desirable look. The side entry would be his preferred approach. If the Commission determines the buildable area is not adequate for a home, then the Commission should determine which of the yard spaces hold the most value. The portion of Emerald Lake is overgrown water plants and silt. There is little opportunity to use the lake for recreational purposes. It does provide a nice passive viewing area however. The character of the street corridor is similar to the proposed home in regards to front yard setbacks. The home west of the property received a variance to build at a 9.8 feet setback. Looking west along Wilshire it 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 February I0, 1998 PROPOSED RESOLUTION #98- RESOLUTION TO APPROVE A LAKESIDE AND FRONT YARD SETBACK VARIANCES TO CONSTRUCT A NEW HOME AT 4930 WlLSHIRE BLVD, LOT 8, BLOCK 18, SETON, BLOCK 39, WYCHWOOD PID 24-117-24 14 0051, P & Z CASE #98-01 WHEREAS, the applicants, Brad and Cheryl Stannard, have applied for lakeside and front yard setback variances to construct a new home at 4930 Wilshire Boulevard, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, and 60 feet of lot frontage, and; WHEREAS, the subject property is located at the intersection of Wilshire Blvd and Harland Lane along Emerald Lake and has 10,950 square feet of area above the flood plain, and; WHEREAS, the applicant is proposing to build a two-story home with an attached garage, and; WHEREAS, the lakeside (OHWL) has a 50 feet setback and the front yard setback of 30 feet, requiring variances of 9 feet and 22 feet respectively, and; WHEREAS, the DNR has reviewed and commented and has recommended denial, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval of the variance recommend by staff with alterations, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 9 feet lakeshore and a 22 feet front yard variances with the following conditions: ao The applicant include a turn around in the driveway to prevent backing onto Wilshire Blvd. The applicant secure a driveway permit from Hennepin County prior to building permit issuance. The applicant explore an alternative avenue for location of the sanitary sewer stub connection, otherwise, will be required to secure a license to Cross Protected Waters permit from the DNR. February 10, 1998 Stannard - 49:30 Wiishire Bird Page 2 f0 The lowest finished floor elevation be at or above 933'. The Building Official review and approve building techniques to protect against foundation settling. The City Engineer review and approve drainage plans prior to building permit issuance. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Building a non conforming 2 story home with attached garage. This variance is granted for the following legally described pro[~erty as stated in the Hennepin County Property Information System 1997 Tax Book, Report PI433401: THAT PARTOF LOT 8 BLOCK 18 SETON AND THAT PART OF BLOCK 39 WYCHWOOD LYING ELY OF LINE A SAID LINE A DESC AS COM AT THE MOST SLY COR OF SAID LOT 8 TH NWLY ALONG THE SWLY LINE THOF TO THE MOST SLY COR OF BLOCK 39 WYCHWOOD AND THE BEG OF LINE A TH DEF RIGHT 86 DEG 48 MIN TO THE N LINE OF SAID LOT 8 AND THERE LINE A TERMINATING. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember and seconded by Councilmember. February 10, 1998 Stannard - 4930 Wilshire Blvd Page 2 The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk Minutes - Mound Planning Commission February 9, 1998 MINUTES MOUND ADVISORY PLANNING COMMISSION FEBRUARY 9, 1998 BOARD OF APPEALS: CASE # 98-01' VARIANCES, LAKESIDE & FRONT YARD SETBACK, TO CONSTRUCT A NEW HOME, BRAD STANNARD, 4930 WILSHIRE BLVD, LOT 8, BLOCK 18 & 39, WYCHWOOD, PID 24-117-24 14 0051 The applicants, Brad & Cheryl Stannard, are requesting front yard and lake side setback variances for the property located at 4930 Wilshire Blvd. to build a new home. The variance request information is listed below. Existing/Proposed Required Variance Front yard 8' 30' 22' Lakeside (OHWL) 41' 50' 9' The property is the vacant lot located at the intersection of Wilshire Blvd. and Harland Lane along Emerald Lake. The lot has 10,950 sf of area above the flood plain which meets the R-1 district requirements. The applicant is proposing to build a two-story home on the lot. The attached building plans show three bedrooms, two bathrooms, living and dining rooms, loft area, and an two-stall attached side-entry garage. A first floor living area is open to the second story and would walk out to the rear yard. Exterior siding materials are not shown but the plans indicate possibly a wood/vinyl siding with additional wood shake detail on the front side and chimney. A soils survey was performed on the property to determine if additional foundation work would be required. The attached report indicates the presence of soils that are not conducive to providing adequate support for typical home construction. The engineer recommends that deep foundation anchors be incorporated into the foundation construction to prevent settling. The DNR has also provided comment on the case, there central issue being to stay within the setbacks. A letter recommending the City deny the request is attached. Other concerns are the need to secure a permit to cross wetlands for sewer connections and driveway permits from the County. The main issue to address with this case is should the home stay within the buildable area on the lot. With all setbacks applied, there is a uniform area of approximately 50 feet in width by 25 feet deep to build within. The current proposal will not fit within this area. Staff discussed other options with the applicant to get a home to fit within the buildable area. The applicant said the garage could be swung around to the west side of the home, although he felt this was a less desirable look. The side entry would be his preferred approach. If the Commission determines the buildable area is not adequate for a home, then the Commission should determine which of the yard spaces hold the most value. The portion of Emerald Lake is overgrown water plants and silt. There is little opportunity to use the lake for recreational purposes. It does provide a nice passive viewing area however. The character of the street corridor is similar to the proposed home in regards to front yard setbacks. The home west of the property received a variance to build at a 9.8 feet setback. Looking west along Wilshire it appears there are a number of homes that have similar setbacks. This proposal would maintain the established street corridor consistency. Staff feels that the applicant has packaged a proposal that adequately addresses the issues involved. The applicant's proposal appears to be a good compromise in maintaining street and lakeside integrity. The proposal presents a home that adds character and value to the street corridor. Lakeside setbacks are slightly compromised but due to the condition of the lake, it does not detract from its value. Staff recommends the Planning Commission recommend Council approval of the variance request with the following conditions: 1. The applicant include a turn around in the driveway to prevent backing onto Wilshire Blvd. 2. The applicant secure a driveway permit from Hennepin County prior to building permit issuance. 3. The applicant secure a License to Cross Protected Waters permit from the DNR for the sanitary sewer connection. 4. The lowest finished floor elevation be at or above 933'. 5. The Building Official review and approve building techniques to protect against foundation settling. 6. The City Engineer review and approve drainage plans prior to building permit issuance. DISCUSSION: Mueller stated that the hardcover is not an issue, questioned if there is a problem with the driveway turn around with the applicant. The applicant stated that the original survey had it drawn that way. Weiland questioned the Cross Protected Waters Permit. Gordon explained what the permit is for. Staff stated that if the stub was not in the wetlands and the sewer goes in front of the property, the sewer stub could possibly go in another location which would alleviate the need for the Cross Protected Water Permit. Hanus questioned item//2, is it required to obtain a permit to access the driveway to the county road. The county requires a permit to access the county road. Voss questioned the DNR's statement if all the options have been looked at. Gordon stated that it was discussed with the applicant. Mueller stated that there was no real impact from the lake regarding this parcel. Weiland stated that there would be no way that boats could get up to the property. The wetlands are all cattails. Voss questioned what happens when the applicant wants a deck down the road. The applicant stated that they would put an at grade patio in if they did anything. Sutherland stated that the line up provision would be a consideration for hardship. MOTION by Voss, seconded by Weiland to accept staff recommendation with looking into item # 3 for the possibility of moving the sewer stub to alleviate the need to cross over the wetlands. Hanus commented on the DNR's letter. / ,Finding of Facts. 1. If in fact the garage was detached that it would be conforming. 2. If the principle structure were shifted to the east to make room for the garage on the west it would have some negative impact to the east to the lake. 3. That there is additional boulevard between the lot line and the curb line which offers an impact of more than the 8 feet that are shown. 4. That it follows the line up provisions. 5. There are numerous other parcels in the city with the same situations. 6. By having the cattails present it lessens the impact on the lake. Voss questioned the need for the Planning Commission to report finding of facts to the DNR. MOTION by Voss, seconded by Weiland to accept staff recommendation with looking into item # 3 for the possibility of moving the sewer stub to alleviate the need to cross over the wetlands. Motion carried 5-3. Michael, Glister, & Reifschneider opposed. This case will go to City Council on February 24, 1998 p. 3 Stannard Variance Request February 9, 1998 appears there are a number of homes that have similar setbacks. This proposal would maintain the established street corridor consistency. RECOMMENDATION: Staff feels that the applicant has packaged a proposal that adequately addresses the issues involved. The applicant's proposal appears to be a good compromise in maintaining street and lakeside integrity. The proposal presents a home that adds character and value to the street corridor. Lakeside setbacks are slightly compromised but due to the condition of the lake, it does not detract from its value. Staff recommends the Planning Commission recommend Council approval of the variance request with the following conditions. 1. The applicant include a turn around in the driveway to prevent backing onto Wilshire Blvd. 2. The applicant secure a driveway permit from Hennepin County prior to building permit issuance. 3. The applicant secure a License to Cross Protected Waters permit from the DNR for the sanitary sewer connection. 4. The lowest finished floor elevation be at or above 933'. 5. The Building Official review and approve building techniques to protect against foundation settling. 6. The City Engineer review and approve drainage plans prior to building permit issuance. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 January 13, 1998 Mr. Jon Sutherland City of Mound 5341 Maywood Road Mound, Minnesota 55364 Minnesota Department of Natural Resources DNR Waters - Metro Region, 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (612) 772-7910 Fax: (612) 772-7977 RECEIVED JAN 16 1998 MOUND PLA ,JtdlNG & INSP. Variance Request, 4930 Wilshire Blvd, Stannard, Case No. 98-01, Lake Minnetonka - Emerald Lake (27-133-13), City of Mound Dear Mr. Sutherland: I have reviewed the background information that was distributed for Case No. 98-01 on December 30, 1997. This case involves construction of a new residence on a vacant lot. A lakeshore setback of 41 feet versus the required 50 feet is requested. Although it is not specifically noted in the variance application, the proposed 8 foot setback from the road right-of-way would also require a variance from the 20 minimum setback. (Since Wilshire Boulevard is a County Road, the state guidelines for setback is 50 feet. The city received flexibility to have the setback requirement at 20 feet.) We recommend that the city deny the variance request as currently proposed. If the applicant considers alternative footprints for the house and garage, it is possible to construct a residence that meets all the required setbacks. The entire ordinary high water (OHW) elevation contour needs to be shown on the survey to verify the building envelope on the east side of the lot. Hardship has not been demonstrated to warrant the currently proposed configuration. One additional point that came to my attention during discussion with assistant consulting city planner Loren Gordon is that storm sewer is proposed to cut across the wetland to reach this site. The applicant should be advised that a License to Cross Protected Waters is required for utility crossings that occur within the OHW contour of public waters. Carol Gillen at the DNR's Bureau of Real Estate Management should be contacted (at 297-3502) for the license application. As required by ~e city's ordinance, a copy of the city's decision on this variance request shall be sent to me within l0 days of the final decision. If the city does not deny the request, a copy of the record the decision was based on shall also be forwarded. Please contact me at 772-7910 (772-7914 - direct/voice mail) if you have any questions regarding these comments. Sincerely, Ceil Strauss Area Hydrologist C~ Minnehaha Creek Watershed District City of Mound Shoreland File DNR Information: 612-296-6157~ 1-800-766-6000 · TTY: 612-296-5484, 1-800-657-3929 ~- ~ ~'~6 An Equal Opportunity EmphLver ~ Primed on Recycled Paper Containing a C raro-o Who Values Diversity Mini ...... f ,09~ Posl-C ......... Waste VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 DF0 Phone: 472-0600, Fax: 472-0620 :oo.oo (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distribution: IA'~x~ City Planner p-~O'~U DNR ~,~-~-Q~ City Engineer Other ~ Public Works SUBJECT Address ~ ~? DESC. Subdivision ZONING DISTRICT R-1 R-lA R-2 R-3 B-1 B-2 B-3 PROPERTY Name ~ OWNER Address ~ Phone(H) ~?~-b~ (W) ~'~b / (U) ~/¢ -O/ 7~ APPLICANT Name ~'/~ (IF OTHER Address THAN Phone (H) (W) (M) OWNER) Has an application ever been made for zoning, variance, conditional use permit, or other zoning for this property? ( ) yes,)~no. If yes, list date(s) of application, action taken, resolution procedure number(s) and provide copies of resolQtions. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): (Rev. 11 I1419 7) Variance Application, P. 3 Case No. ~5-01 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No~'~ If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No,~x~. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the proper~y described in this ~etition? Yes ~', No (~. If no, list some other properties which are similarly affected? I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature~ Applicant's Signature (Rev. ll/14197) Variance Application, P. 2 Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (/~l~ No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED Front Yard: ( NtS_,)E W Side Yard: ( N S ER Side Yard: (N ~)_~V Rear Yard: ( N S E W ((~ E W Lakeside: : (NSEW Street Frontage: Lot Size: .*'L?~,'.~' Hardcover: REQUESTED VARIANCE (or existing) ft. ~' ft. ft. ! 0 ft. ft. ..' -~,'~'¢ ft. ft. ft. ft. £t ? ft. ft. ft. ft. ~,~' ft. sq ft I~'~ "~'-,-- :; sq ft "4~c~'~,~ sq ft sq ft ft. ft. ft. ft. ft. ft. ft. sq ft sq ft Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? Please too narrow ( ) topography ( ) soil too small ( ) drainage ( ) existing situation too shallow ( ) shape ( ) other: specify describe: II (Rev. 11/14/9 7) CITY OF MOUND HARDCOVER CALCULATIONS (IMPERVIOUS SURFACE COVERAGE) PROPERTY ADDRESS: OWNER'S NAME: LOT AREA //(~: ~, _~TO SQ. FT. X 30% = (for all lots) .............. I LOT AREA /0) ~..~O SQ. FT. X 40% = (for Lots of Record*) ....... LOT AREA SQ. FT. X 15% = (for detached buildings only) . . *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350.'1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a LENGTH WIDTH SQ FT ~ x /~ = ~ ~y TOTAL HOUSE ......................... TOTAL DETACHED BLDGS ................. ~ TOTAL DRIVEWAY, ETC .................. -':' '"' ~ 0 ? ~ l;.';,: '.-u "'-' X i = / ..... .... pervious surface under are not counted as hardcover OTHER TOTAL OTHER ......................... TOTAL HARDCOVER / IMPERVIOUS SURFACE OVER (indicate difference) ............................... PREPARED BY DATE V'HA ~ ~HA Je!oelo , 1 I 'i~HA ! ,O-,ZI t, HA Jeloel9 '""' KENNETH J. LA FOND, P.E. Consulting Geotechnical Engineer April 28, 1995 Mr. Brad Stannard Atlas Foundation Company P 0 Box 117 Rogers, lVlN 55374 Geotechnical Exploration Program Proposed Residence 4880 Wilshire Boulevard Mound, Minnesota Job #95-019 Gentlemen: In accordance with your recent authorization, I have conducted a geotechnical exploration program for the planned residence at 4880 Wilshire Boulevard in Mound. The work scope for this project is limited to the following: Observe and log a power auger boring performed at the southeast corner of the residence. To review previous test borings on the property along with the results of four (4) compression anchor installations at the approximate building comers. To provide an engiueering report describing the subsurface conditions and presenting recommendations for support of foundations and ground floor slab. The current test boring for the project was performed on April 19, 1995. The boring was located at the approximate southeast corner of the structure. Soil samples were obtained with a 4" fire auger and the boring was taken to a nominal depth of 24' below grade. At pertinent intervals, the auger was slowly withdrawn mid the observed soils were classified in accordance with ASTM:D2487. A log of the boring is as follows: 0-3' FILL, mixture of lean and sandy clays, brown and dark brown, a few pieces of gravel, soft SILTY CLAY, gray, soft, some sand lenses - Alluvium (CL) PEAT, black, soft - Swamp Deposj[ ~PT) Mr. Brad Stannard April 28, 1995 Page 2 8'- 16' SILTY and CLAYEY SAND, gray, a little gravel, loose, waterbearing - Alluvium (SM-SC) 16' - 24' SANDY CLAY, a little gravel, gray, stiff to rather stiff - Glacial Till (CL) Upon completion, groundwater was noted at a depth of about 4'. The lot explored lies on the north side of Wilshire Boulevard and is bounded on the north by Emerald Lake. It is relatively level with the adjacent street and is about 3' - 4' above water level in the lake. Residential construction exists directly to the west and to the south. We understand that the ground floor will be constructed about at or just slightly above present grade. We presume that the building will be of typical residential construction and that wall loads will not exceed about 3,000 - 4,000.pounds per lineal foot and that column loads will be on the order of 50 kips or less. Two previous test borings were available to assist in the foundation analysis. These borings were performed by Braun Engineering Testing in 1979. Boring ST-1 is located in the general area of the southwest comer of the residence and boring ST-2 is located about 24' to the north and somewhat to the east. A review of these logs shows a similar subsurface profile. Specifically, several foot of fill is underlain with relatively soft - loose alluvial soils to nominal depths of 10' - 20'. At this point, a relatively competent sandy lean clay glacial till is encountered. Water levels at the time of the 1979 borings were typically on the order of 3' - 4' below existing grade. Also available to assist in the analysis are the results of four (4) compression anchor tests installed at the approximate building corners. These anchors consisted of lead sections having either 8" - 10" - 12" diameter helixes or 10" - 12" - 14" diameter helixes. The anchors were installed to a final torque on the order of 3000 ft-lbs. The installation logs show that, generally, moderately high torque was encountered for the final 5' - 10' of penetration, which varied from 15' to-as-much-as 34' below present grade. In general, the results of the current and previous test borings and review of the test anchor installation data indicates a profile consisting of fill, relatively soft - loose alluvium, some peat and then a competent sandy lean clay glacial till. The existing fill, peat and softer alluvium are soils that are, in our opinion, incapable of providing adequate support for either foundations or floor slabs for the planned construction. We recommend that both the foundations and floor slabs be supported on a deep foundation. The helical anchors installed at the site indicate that a final installation torque of 3000 fi-lbs can be readily achieved at depths of from 15' to 30' below grade. For this type of soil, it has been my experience that the torque cam be related to the ultimate anchor capacity by a factor of 10. This indicates that working loads on the order of 15,000 pounds per anchor can be readily be achieved and should provide a factor of safety of two or more against failure. Mr. Brad Stannard April 28, 1995 Page 3 As noted previously, both foundations and the ground floor slab should be supported structurally on the anchors. The conclusions and recommendations given above represent my professional opinion. These opinions were arrived at in accordance with currently accepted engineering practices at this time and location. Other than this, no warranty is implied or intended. I thank you for the opportunity of wo.r~/.g.~g with you on this project. Should you have any questions concerning interpretation of ~ data, please contact me at (612) 755-6143. Very truly yours, Kenneth J. l.aFond, P.E. I hereby certify that this plan, Geotechnical Consultant specification, or report was prepared by me or umder my direct s~pervision // and that I am a=dul~%ec31stered Pro7 // the State of Minnesota.....-:/~'~/.. KtgNNET_~H J. LaFOND I! CERTIFICATE OF SURVEY FOR BRAD STANNARD IN LOT 8, BLOCK 18, SETON, AND BLOCK 3g, HENNEPIN COUNTY, MINNESOTA N 89" E WYCHWOOD 153.21 " N' LY LINE 'LOT 8 NE COR..' LOT 8 "929. [' LY LINE LOT 8 '' L DESCRIPTION OF PREMISES : !: Thor port of Block 39 of Wychwood, occording to the plot thereof on file ond of record in the office of the Registror of Titles in on County of Hennepin ond Store of Minnesoto, described os follows : Commencing ot the Southeosterly corner of sold Block 59; thence Nor ,rly olong the Southeosterly line of sold Block, o distonce of 59 feet to the Northeosterly or most Ensteriy corner of sold Block 59, then westerly olong the Northeosterly line ol sold block o distonce of 126 feet; thence Southerly 90.5 feet, more or less, to o point in the S( :rly line of sold Block 59 distont 100 feet Northwesterly from the point of beginning; thence Southeosterly olong the Southwesterly line of block o distonce of 100 feet to the point of beginning; L: Thor port of Lot 8 in Block 18 of Seton, occording to the plot thereof on file ond of record in the office of the Registror of Title., old Hennepin County, described os follows: Commencing ot the most Westerly point of Block 59 of Wychwooo, occording to the ptot thor e (]nd of record in the office of the Registror of Titles in on for soid Hennepin County, Minnesoto; thence Northeoste~iy olong the North- ~rly line of soid Block 59, o distonce of 26..5 feet: thence North olong o llne drown ot right ongles to the Northerly line of sai0 Lot 8 to line of sold Lot 8; thence Eost olong the North line of sold Lot 8, o distonce of 126 feet; to the octuol point of beqinning of lhe Iond ,bed; thence continufing Eost (:]long the sold North line to the Northeost corner of soid Lot 8; thence Southerly olong the [csteriy hne of ~ to the Southeosterly corner of soid Lot 8; thence Southwesterly olong the Southeosterly line ond Northwesterly ~lonc; the Southwesterl) Crl'Y OF MOUND - ZONING INFORMATION SttEET SURVEY ON FILE7 YES I NO LOT OF RECORD? ~.1 NO YARD ~ I DIRE~'TION I ZONING DISTRICT, LOT SIZE/WIDTH: R1A 6,000/40%;82 20,000/80 Sgg ORD. I1 30,000/100 REQUIRED EXISTING/PROPOSED EXISTING LOT SIZE:, LOT L,OT DEPTH: VARIANCE SIDE REAR LAKE TOP OF BLUFF N S E W N S E W N S E W N $ E W 15' 10' OR 30' GAILAG~ SHED ..... FRONT siD~ .T-"=~"~ BL~I~ ..;,"%,~, ..... co",~',.,,N~ ¥~ ,'.o ~lis 7~1~ Inbt~t~ S~I otdy DETACIIED BUILDINGS N 5 E W N 5 E W N 5 E W N S E W N 5 E W N 5 E W 30% OR 40% ' ? [ BY: summariz~ a portion of the requirements 4' OR 6' outlined in the City o[ Mou~d ·' IDAT'D: I- Y'7 .... ':' Zoning Ordinance. For futlher information, contacl the City of Mound Planninl ~nt at 472-O~O0. A ' (5:) VAC ViI. L ~g'4' 18 . ~xs &ocz..zs-~u4,~ ~ /(I) February 10, 1998 PROPOSED RESOLUTION #98- RESOLUTION TO RECOGNIZE A NONCONFORMING GARAGE SETBACK VARIANCES TO CONSTRUCT A CONFORMING ADDITION AT 4882 EDGEWATER DRIVE, LOT 13, SUBDIVISION OF LOTS 1 & 32 SKARP & MNDQUIST'S RAVENSWOOD PID 13-117-24 41 0042, P & Z CASE #98-03 WHEREAS, the applicants, Thomas and Patricia Peterson, have applied for Garage front yard and side yard setback variances to construct a conforming addition to their dwelling at 4882 Edgewater Drive, and; WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, and 40 feet of lot frontage, and; WHEREAS, the existing structures on the property consists of a single-family 1 1/2 story house and a 1 car detached garage; WHEREAS, the existing 1 car detached garage does not conform to the front and side yard setback requirements for front entry garages, and; WHEREAS, a garage in a R-lA district has a 20 feet front yard and a 4 feet side yard setback, requiring variances of 11.4 feet and 1.7 feet respectively, and; WHEREAS, the applicant is proposing to build a 14 feet by 23 feet addition to the home, and WHEREAS, the Planning Commission has reviewed the request and recommended approval of the variance recommend by staff with alterations, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a front yard and side yard setback variances of 11.4 feet and 1.7 feet respectively with the following conditions: ao The existing garage meet the zoning code requirements in two years from the date of completion of the addition. Delinquent water utility bills are paid in full prior to issuance of a building permit. February 10, 1998 Peter$on - 4882 Edgewater Drive Page 2 The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. o It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Building a conforming addition. 4. This variance is granted for the following legally described property: Lot 13, Subdivision of Lots 1 & 32 Skarp & Lindquist's Ravenswood o This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember and seconded by Councilmember. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk PLANNING REPORT Hoisington Koegler Group Inc. Ill[] i ln TO: Mound Planning Commission and Staff FROM: Loren Gordon, AICP DATE: February 9, 1998 SUBJECT: Addition to existing home OWNER: Thomas and Patricia Peterson - 4882 Edgewater Drive CASE NUMBER: 98-03 (Revised report) I-IKG FILE NUMBER: 98-5a LOCATION: 4882 Edgewater Drive EXISTING ZONING: Residential District R-lA COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is requesting a variance to recognize a nonconforming garage setback in order to build an addition to the existing residence. The variance request information is listed below. Existing/Proposed Required Variance Garage (front yard) 8.6' 20' 11.4' (side yard) 2.3' 4' 1.7' The property is located at 4882 Edgewater Drive on a 40 feet width, 7830 sf lot of record that meets the R-lA zoning district requirements. Existing structures on the property include a single- family 1¥2 story house and a detached 1 car garage located in the front yard. The existing detached garage does not conform to the front and side yard setback requirements for front entry garages. The applicant is proposing to build a 14 feet by 23 feet addition to the front of the home. The addition would decrease the front yard setback from 85 feet to 71 feet. Side yard setback would remain consistent with the existing home at 8 and 8.7 feet respectively. The addition would convert the home to a two-story design. First floor plans include a family room and laundry/closet area. On the second floor, two bedrooms are proposed in addition to a bathroom that would be added within the existing portion of the home. The foundation incorporates a full basement connected by a 3 feet knockout doorway from the existing basement. Cedar lap siding is proposed for the addition to match the current exterior. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 February 10, 1998 PROPOSED RESOLUTION #98- RESOLUTION TO RECOGNIZE A NONCONFORMING GARAGE SETBACK VARIANCES TO CONSTRUCT A CONFORMING ADDITION AT 4882 EDGEWATER DRIVE, LOT 13, SUBDIVISION OF LOTS 1 & 32 SKARP & LINDQUIST'S RAVENSWOOD PID 13-117-24 41 0042, P & Z CASE #98-03 WHEREAS, the applicants, Thomas and Patricia Peterson, have applied for Garage front yard and side yard setback variances to construct a conforming addition to their dwelling at 4882 Edgewater Drive, and; WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, and 40 feet of lot frontage, and; WHEREAS, the existing structures on the property consists of a single-family 1 1/2 story house and a 1 car detached garage; WHEREAS, the existing 1 car detached garage does not conform to the front and side yard setback requirements for front entry garages, and; WHEREAS, a garage in a R-lA district has a 20 feet front yard and a 4 feet side yard setback, requiring variances of 11.4 feet and 1.7 feet respectively, and; WHEREAS, the applicant is proposing to build a 14 feet by 23 feet addition to the home, and WHEREAS, the Planning Commission has reviewed the request and recommended approval of the variance recommend by staff with alterations, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a front yard and side yard setback variances of 11.4 feet and 1.7 feet respectively with the following conditions: b0 The existincj cjaracje meet the zonina~ code reauirements in two years from the date of Buildincj Permit issuance, In addition, the applicant shall sign an agreement suitable to the City Attorney for the removal of the garage. Delinquent water utility bills are paid in full prior to issuance of a building permit. February 10, 1998 Peterson - 4882 Edgewater Drive Page 2 The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Building a conforming addition. 4. This variance is granted for the following legally described property: Lot 13, Subdivision of Lots 1 & 32 Skarp & Lindquist's Ravenswood This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember and seconded by Councilmember. The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk Minutes - Mound Planning Commission February 9, 1998 MINUTES MOUND ADVISORY PLANNING COMMISSION FEBRUARY 9, 1998 BOARD OF APPEALS: CASE #98-03: VARIANCE, FRONT AND SIDE YARD SETBACKS OF EXISTING GARAGE TO CONSTRUCT A CONFORMING ADDITION, THOMAS AND PATRICIA PETERSON, 4882 EDGEWATER DRIVE, LOT 13, SUBDIVISION OF LOTS I &32 SKARP AND LINDQUIST'S RAVENSWOOD, PID # 13-117-24 41 0042 The applicant is requesting a variance to recognize a nonconforming garage setback in order to build an addition to the existing residence. The variance request information is listed below. Existinq/Proposed Required Variance Garage (front yard) 8.6' 20' 11.4' (side yard)2.3' 4' 1.7' The property is located at 4882 Edgewater Drive on a 40 feet width, 7830 sf lot of record that meets the R-lA zoning district requirements. Existing structures on the property include a single-family 1½ story house and a detached 1 car garage located in the front yard. The existing detached garage does not conform to the front and side yard setback requirements for front entry garages. The applicant is proposing to build a 14 feet by 23 feet addition to the front of the home. The addition would decrease the front yard setback from 85 feet to 71 feet. Side yard setback would remain consistent with the existing home at 8 and 8.7 feet respectively. The addition would convert the home to a two-story design. First floor plans include a family room and laundry/closet area. On the second floor, two bedrooms are proposed in addition to a bathroom that would be added within the existing portion of the home. The foundation incorporates a full basement connected by a 3 feet knockout doorway from the existing basement. Cedar lap siding is proposed for the addition to match the current exterior. If the Planning Commission chooses to tie the home improvements to the garage, there are a couple approaches that could be taken. The code provision requiring a 20 feet setback is intended to provide parking space between the garage and the street. This setback provides ample space for vehicles to park within the limits of the lots to avoid having to block a sidewalk (if present) or protrude into the street in cases where there is minimal ROW between the street and property line. From a standpoint of providing adequate off-street parking and associated safety concerns, the existing situation appears to satisfy code intentions. If the gravel parking area were removed, there would be a problem in meeting parking requirements for 2 cars. If the Commission chooses this approach, the gravel parking area would need to remain and be tied as a condition in recognizing the garage setbacks. The second approach would be to require the garage meet code requirements for a side or front entry garage. The gravel parking area could be removed in this scenario. This approach would address the long-term function of parking and associated aesthetic issues. Upon further inspection of the garage, it does appear to be generally in good condition. The garage has two levels, both of which are currently being used for storage. Although described as a garage, it really functions as a shed. The floor on the upper level is constructed of wood, which makes storing a car a potentially dangerous situation, and not recommended. The upper level is at street grade with a garage door facing the street. The lower level has a door at the rear of the structure. This level is at approximately the same grade as the front of the house. Another issue related to the property is delinquent water bills. Utility records show that the account is well overdue and the City of Mound has posted assessments against the property. Under Minnesota Statue Section 462.353 subdivision 5, a delinquent bill may be used as a condition for approval of an application. "A municipality may require, either as part of the necessary information on an application or as a condition ora grant of approval, an applicant for an amendment to an official control established pursuant to sections 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession ofjudgrnent, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid." The proposed improvements appear to provide a substantial increase in the livable area of the home. Staff supports the house addition, as it should be a positive improvement to the property and the surrounding neighborhood. Staff would like to suggest the Planning Commission take an approach of securing the long-term use of the property. The improvements to the home are the first step in this process. Staff would recommend garage code requirements be enforced for this property but allowing some flexibility for compliance. Granting the applicant one year for compliance should allow some time to complete the house project before starting on the garage. Staff recommends the Planning Commission recommend Council deny the request as stated but approve a second story addition to the home with the following conditions. 1. The existing garage meet code requirements in one year from the date of the resolution. 2. Delinquent water utility bills are paid in full prior to issuance of a building permit. DISCUSSION: Hanus questioned if the applicants gave some thought about having a one year condition on the garage to be removed. The applicant stated that they need the storage space right now. They would like to keep the garage at least 3 to 4 years. Hanus stated that there are some variance cases that have gone as long as 2 years asked the applicants if that would be acceptable? The applicant stated they weren't sure. MOTION by Mueller, seconded by Reifschneider to accept staff recommendation that the existing garage meet code requirements after 1 full year after construction completed. Weiland questioned if there was a bond set up with the city to remove the garage. Staff stated that there would be if that was determined. Sutherland stated that he would agree with the a two year from the resolution. Mueller amended his motion to two years, Reifschneider seconded. Fred Bruning from sawhorse stated that he would like to see more than 2 years for the garage. Sutherland stated that staff encouraged the applicant to move the garage over to meet the 4 foot side yard setback and put doors facing the side and the garage door was taken out. Vote was called. MOTION by Mueller, seconded by Reifschneider to accept staff recommendation with the following correction to item #1: The existing garage meet the zoning code requirements in two years from the date of completion of construction. Motion carried 8-0. This case will go to the City Council on February 24, 1998. p. 2 Peterson Variance Request (revised report) February 9, 1998 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): Ao Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of the ordinance have no control. Bo The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. C. That the special conditions or circumstances do not result from the actions of the applicant. Do 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. If the Planning Commission chooses to tie the home improvements to the garage, there are a couple approaches that could be taken. The code provision requiring a 20 feet setback is intended to provide parking space between the garage and the street. This setback provides ample space for vehicles to park within the limits of the lots to avoid having to block a sidewalk (if present) or protrude into the street in cases where there is minimal ROW between the street and property line. From a standpoint of providing adequate off-street parking and associated safety concerns, the existing situation appears to satisfy code intentions. If the gravel parking area were removed, there would be a problem in meeting parking requirements for 2 cars. If the Commission chooses this approach, the gravel parking area would need to remain and be tied as a condition in recognizing the garage setbacks. The second approach would be to require the garage meet code requirements for a side or front entry garage. The gravel parking area could be removed in this scenario. This approach would address the long-term function of parking and associated aesthetic issues. Upon further inspection of the garage, it does appear to be generally in good condition. The garage has two levels, both of which are currently being used for storage. Although described as a garage, it really functions as a shed. The floor on the upper level is constructed of wood, which 123 North Third Street, Suite I00, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 3 Peterson Variance Request (revised report) February 9, 1998 makes storing a car a potentially dangerous situation, and not recommended. The upper level is at street grade with a garage door facing the street. The lower level has a door at the rear of the structure. This level is at approximately the same grade as the front of the house. Another issue related to the property is delinquent water bills. Utility records show that the account is well overdue and the City of Mound has posted assessments against the property. Under Minnesota Statue Section 462.353 subdivision 5, a delinquent bill may be used as a condition for approval of an application. "A municipality may require, either as part of the necessary information on an application or as a condition of a grant of approval, an applicant for an amendment to an official control established pursuant to sections 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid." The proposed improvements appear to provide a substantial increase in the livable area of the home. Staff supports the house addition, as it should be a positive improvement to the property and the surrounding neighborhood. RECOMMENDATION: Staff would like to suggest the Planning Commission take an approach of securing the long-term use of the property. The improvements to the home are the first step in this process. Staff would recommend garage code requirements be enforced for this property but allowing some flexibility for compliance. Granting the applicant one year for compliance should allow some time to complete the house project before starting on the garage. Staff recommends the Planning Commission recommend Council deny the request as stated but approve a second story addition to the home with the following conditions. 1. The existing garage meet code requirements in one year from the date of the resolution. 2. Delinquent water utility bills are paid in full prior to issuance of a building permit. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Planning Commission and Staff FROM: Loren Gordon, AICP DATE: January 26, 1998 SUBJECT: Addition to existing home OWNER: Thomas and Patricia Peterson - 4882 Edgewater Drive CASE NUMBER: 98-03 HKG FILE NUMBER: 98-5a LOCATION: 4882 Edgewater Drive EXISTING ZONING: Residential District R- 1A COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is requesting a variance to recognize a nonconforming garage setback in order to build an addition to the existing residence. The variance request information is listed below. Existing/Proposed Required Variance Garage (front yard) 8.6' 20' 11.4' (side yard) 2.3' 4' 1.7' The property is located at 4882 Edgewater Drive on a 40 feet width, 7830 sf lot of record that meets the R-lA zoning district requirements. Existing structures on the property include a single- family 1 V2 story house and a detached 1 car garage located in the front yard. The existing detached garage does not conform to the front and side yard setback requirements for front entry garages. The applicant is proposing to build a 14 feet by 23 feet addition to the front of the home. The addition would decrease the front yard setback from 85 feet to 71 feet. Side yard setback would remain consistent with the existing home at 8 and 8.7 feet respectively. The addition would convert the home to a two-story design. First floor plans include a family room and laundry/closet area. On the second floor, two bedrooms are proposed in addition to a bathroom that would be added within the existing portion of the home. The foundation incorporates a full basement connected by a 3 feet knockout doorway from the existing basement. Cedar lap siding is proposed for the addition to match the current exterior. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 Peterson Variance Request January 26, 1998 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): Ao Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of the ordinance have no control. Bo The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. D° 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. If the Planning Commission chooses to tie the home improvements to the garage, there are a couple approaches that could be taken. The code provision requiring a 20 feet setback is intended to provide parking space between the garage and the street. This setback provides ample space for vehicles to park within the limits of the lots to avoid having to block a sidewalk (if present) or protrude into the street in cases where there is minimal ROW between the street and property line. From a standpoint of providing adequate off-street parking and associated safety concerns, the existing situation appears to satisfy code intentions. If the gravel parking area were removed, there would be a problem in meeting parking requirements for 2 cars. If the Commission chosses this approach, the gravel parking area would need to remain and be tied as a condition in recognizing the garage setbacks. The second approach would be to require the garage meet code requirements for a side or front entry garage. The gravel parking area could be removed in this scenario. This approach would address the long-term function of parking and associated aesthetic issues. Another issue related to the property is delinquent water bills. Utility records show that the account is well overdue and the City of Mound has posted assessments against the property. Under Minnesota Statue Section 462.353 subdivision 5, a delinquent bill may be used as a 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 3 Peterson Variance Request January 26, 1998 condition for approval of an application. "A municipality may require, either as part of the necessary information on an application or as a condition of a grant of approval, an applicant for an amendment to an official control established pursuant to sections 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. Property taxes which are being paid under the provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid." The proposed improvements appear to provide a substantial increase in the livable area of the home. Staff supports the house addition, as it should be a positive improvement to the property and the surrounding neighborhood. In keeping with an approach to address the long-term function of the property, staff recommends the garage meet all setbacks as per code requirements. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approval of the variance as requested with the following conditions. 1. The garage meet code requirements prior to final inspection of the proposed addition. 2. Delinquent water utility bills are paid in full prior to issuance of a building permit. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 (FOR OFFICE USE ONLY) VARIANCE APPLICATION CITY OF MOUND 5341 Meywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 'JAN I 4.1.991t CITY OF .MOUND Application Fee: '$100,00 Planning Commission Date: City Council Date: Distribution; t-'tq4i ciw P anner ,~ City Engineer Public Works Other DNR SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) Address - tc~o~- (X ? ~ v~- Lot I~ ' ' ' :lu~kivision ~ '~'~ ~ '~~~ ~ PID~ ~ t 1~ ~00~ Plat~ ZONING DISTRICT R-1 R-1A R-2 R-3 B-1 B-2 B-3 Phone(H) Z'l-])-- ~'~C.) (W)~'~(~-~O~'l ~' [O~_..(M) Name Phone (H) ,(W) ,_, --~ ~., - 0 '~ ~* ~ (M) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes,/~) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): RECEIVED J A N 1 ~1 1998 ~[-,v'& O0:~T g6/~T/TO .., Variance Application, P. 2 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-conformin~ use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: { N~N) ~ ft. ~. C~ ft. ft. Side Yard: { NS~TEW ) /~ ft. ... 2, ~ ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ~C~ ft. ~ © ft. ft. Lot Size: -~(~O sq ft -~ ~0 sq ft sq ft Hardcover: -~ ~ _~,o, sqft ../~,~t.~,.~' sqft .sqft 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: Sm Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ~) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape Please describe: ~t ~ \flo~ P -r' '.r',,~O,I ( ) soil ( ) existing situation ( ) other: specify (.Rev. l l/I g197) goo~ (IN_ClOI~ ~I0 LID RECEIVED AN 1 1998 iViDUI'~U FiAN[~ING & O0: ~'[ S$/~'[/'[0 ~ Variance Application, P. 3 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~)~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes { ), No~. If yea, explain: Are the conditions of hardship for which you request a variance peculiar only to the proper~ described in this petition? Yes {;~/), No (). if no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature ApplicaEt's Signatur~ (Rev. l l/14/97) Date Date RECEIVED JAN i zt 1998 I OUI D PLAi t?iNG & "ii I'¥.~ "[0: l~ 900[~ O..~Lq OR do uu,,z//u.~ l~:lZ FAX U[~ 472 0620 .' ¢tT¥ OF'UOUND *-~-~ AN¢IIOR S¢IENTIF! [~00 CITY OF MOUND HARDO'OVER O~L(~LI'LATIONS .... EXISTINGLOTARE4_TB30~ 'SQFT X 30% = ZD~'~ ' EXISTING LOT ARE'~ " "' " SQ FT X 1~% = HOUSE: GARAGE:. DRIVEWAY: "' LENGTH .' WIDTH ~o.~' x & X ,= · , X **,*********:" VI ********************** .... DECK: . X '(if imperv-ious" X 'surface under ..' deck - 100~) "TOTALDEO..K ** · . ' TOTAL DECK @ OTHER: .~1¢., ~,¢~/q£ ~u,~.f,,~,' · TOTAL OTHER TOTAL PROPOSED HARDCOVER * * (OVER) ' . .. : 5'17 : ' RECEIVEP · JAN 1~! 1998 MOUND,P,,'".r ?,~n,,, ~ ~1~ & tNSR EXTERIOR ENVELOPE AVERAGE "U" COMPUTATION by SAWHORSE CONSTRUCTION 4740-42nd Ave No Robbinsdale, Mn 55422 533-0352 Owner: Tom and Patricia Peterson Address: 4882 Edgewater Drive DETERMINE WORKING SQUARE FOOTAGE OF EACH: 1 TOTAL EXPOSED WALL AREA .... 1600.00 sq ft x "U" 2 TOTAL ROOF/CEILING AREA .... 850.00 sq ft x "U" 3 TOTAL EXPOSED WALL AREA CALCULATIONS: Total exposed wall area above block line 1600.00 sq ft a) Total wall window area: Low "E" glazed... 115.00 sq ft x "U" glazed... 0.00 sq ft x "U" b) Total door area ...... 20.00 sq ft x "U" c) Total sliding glass door area: .glazed... 0.00 sq ft x "U" .glazed... sq ft x "U" d) Total 2x4 wall area. 432.00 sq ft x "U" e) Total wall framing area (average 10%). 103.30 sq ft x "U" f) Total net wall area above floor (ins 929.70 sq ft x "U" g) Total rim joist area. Total foundation area (exposed) ..... h) Total foundation window area ........ i) Total net foundation area above grade... 23.00 sq ft x "U" 0.00 sq ft sq ft x "U" 0.00 sq ft x "U" RECEIVED JAN 1998 Phone: Date: 10/22/97 0.09 = 144.00 0.025 = 21.25 0.310 = 35.65 0.000 = 0.00 0.150 = 3.00 0.310 = 0.00 = 0.00 0.052 = 22.46 0.076 = 7.85 0.037 = 34.40 0.022 = 0.51 = 0.00 0.105 = 0.00 #3 TOTAL a) thru i) = 103.87 If item #3 is the same as, or less than item #1, you have met the intent of 2 MCAR 1.16008 A and O. 4 TOTAL EXPOSED ROOF/CEILING CALCULATIONS: Total exposed roof/ceiling area... j) Total skylight area.. k) Total roof/ceiling framing area (average 10%). 85.00 sq ft x "U" 850.00 sq ft 0.00 sq ft x "U" 0.310 = 0.00 0.026 = 2.21 1) Total net insulated roof/ceiling area.. 765.00 sq ft x "U" 0.022 = 16.83 #4 TOTAL j) thru 1) = 19.04 If total of #4 is the same as, or less than #2, you have met the intent of 2 MCAR 1.16008 A and O ALTERNATE BUILDING ENVELOPE DESIGN To utilize the total envelope system method, the values establish by the sum of items #3 and #4 shall not be greater than the sum o items #1 and #2. Allowed #1. 144.00 + #2. 21.25 = 165.25 103.87 + #4. 19.04 = 122.91 42.34 CERTIFICATION I hereby certify that I have calculated the "U" factors and "R values herein and that the building here described meets or exceeds the State of Minnesota Energy Conservation Act. (Signature) CITY TOUR 4882 EDGEWATER DR, MOUND / ! Copyright 1995 GEOSPAN Corporation Printed Using GEOSPAN's CITY TOUR Software CITY OF MOUND - ZONING INFORMATION SltEET SURVEY ON FILE? NO LOT OF RECORD? YES I NO YARD } DIRECTION HOUSE ......... FRONT FRONT N S E W N S E W NS~W SIDE SIDE N S E REAR N S E W LAKE N S E W TOP OF BLUFF R2 14. 000/80 R3 SEE ORD. REQUII~D 50' 10' OR 30' ZONING DISTRICT, LOT SIZE/WIDTH: EXISTIN L~: · nl ?, SO0/O LOT~Wi~iI,: B2 20,000/80 B3 10o000/60 LOT DEPIH: 1-1 3o,ooo/1oo EXISTING/PROPOSED VARIANCE GARAGE, SllED ..... DETACHED BUILDINGS 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 LAKE N $ E W TOP OF BLUFF HARIX?-OVER CONFORMING'~ YES / ~ 30% OR 40~ IBY: 50' 10' OR 30' This 7.oning Information Sheet only sununarizcs a portion of die requirements outlined in the City of Mound Zoning Ordinance. Planning Department at 472-0600. I ARBOR LA I For further information, contact the City of Mound February 24, 1998 REEd~LUTION NO. 98- RESOL~ON AUTHORIZING SUBMITT~ OF 1998 GRANT APPLICATION FOR RECYCLING AND EXECU~ON OF GRANT AGREEMENT WBEREAS, pursuant to Minnesota Statute, 115A.552, Counties shall ensure that residents have an opportunity to recycle; and WHF~EAS, Hennepin County Ordinance 13 requires that each City implement and maintain a recycling program to enable the County to meet its recycling goals; and WHEREAS, Hennepin County has in 1994 passed a funding policy entitling each City to receive SCORE funds from July 1995 to December 31, 1999, proportional to the numbers of eligible residential units in its curbside collection program; and WHEREAS, the City of Mound wishes to receive these funds. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the submittal of the 1998 grant application and further authorizes the Mayor and City Manager to execute such grant agreement with the County. December 12, 1997 An Equal Oppormnivy Empkryer Ms. Joyce Nelson ' City Of Mound 5341 Maywood Road Mound, Minnesota 55364-1687 Dear Ms. Nelson: Enclosed is the 1997 Municipal Recycling Grant Final Reportd1998 Municipal Recycling Grant Application. This is due February 13, 1998. The changes are minimal, but feel free to call me at 348-3837 if you have any questions. It is imperative that you get the final reports in on time because I cannot proceed with your application and new grants until all the final reports are received and reviewed. The funding has decreased slightly for 1998, but any funding change should vary by less than 5% from 1997. You will also need to submit a new resolution from your board approving the grant application. Sincerely, J. Skalbeck Recycling Unit Environmental Management Division JS/st ,. Enclosure : , Department o[ Public Works 417 North Fifth Street Minneapolis, Minnesota 55401-1397 (612) 348-6509 FAX:(612) 348-8532 Environmental Info Line:(612) 348-6500 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Memorandum To: From: Date: Subject: MAYOR, CITY COUNCIL & CITY MANAGER FRAN CLARK, CITY CLERK February 29, 298 ELECTION EQUIPMENT REPLACEMENT A COOPERATIVE EFFORT The attached memo from Hennepin County explains the proposal for the replacement of our 10 year old optical scan voting equipment in a cooperative effort with all cities in Hennepin County and Hennepin County itself. I strongly recommend that the City Council give concept approval for this endeavor. prmted on recycled paper ennepin CounH ty ~ An Equal Opportunity Employer February I , .. Francene C. Clark-Leisinger, Clerk City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Ms. Clark-Leisinger: Re: Election Equipment Replacement; A Cooperative Effort Cooperative efforts between Hennepin County and its cities regarding the acquisition of voting equipment is not a new concept. In 1985, A City/County Task Force was formed to consider the feasibility of countywide standardization of voting equipment. The research and recommendations of that Task Force resulted in the City purchase of the Optech IlIP optical scan precinct voting equipment. Another important result of this effort was the county purchase of equipment and software to provide no-cost programming services to cities on an on-going basis. This cooperative effort resulted in reduced costs and more efficient elections. The voting equipment is now ten years old. It is significantly outdated in comparison to advances in technology now available. The City/County Task Force was reactivated in early 1997 to consider the benefits of a countywide replacement and upgrade. The Task Force found justification for replacement and upgrade of voting equipment. After investigation of various equipment and system alternatives, the Task Force recommended to continue precinct optical scan technology as the method of voting in the county. The features offered by optical scan voting equipment on the market are impressive. The Task Force identified desirable features necessary in justification of an upgrade, set minimum standards, and examined three systems with the potential of meeting this criteria. The three optical scan systems were tested in metropolitan precincts in the 1997 elections. The County Board has already issued bonds to successfully facilitate the replacement of old voting equipment. VVith the County purchasing the equipment, not only do we effectively deal with the diversity of budget situations in each municipality, but it enables us to continue countywide uniformity of voting equipment and countywide no-cost election programming services. VVith the funding now available, the County will provide to cities voting equipment with no capital outlay requirement on their part. Contract specifications setting forth all conditions identified by the Task Force, plus additional requirements determined necessary at the County level, have been completed. An "Invitation for Bids" was issued on January 27, 1998, and forwarded to Election Systems and Software (formerly Business Records Corporation's Election Division and American Information Systems), Global Election Systems, and Sequoia Pacific Systems. Vendors are required to return their proposals to the County no later than February 18, 1998 at 2:00 pm. We cannot provide the full details of the system and how it will operate until a contract is awarded to the successful bidder in March. However, our concept to implement a new countywide voting system is as follows: The new precinct optical scan units will be owned by the County. The equipment will be provided to cities with no city capital outlay requirement. Use of the equipment will remain at the city's discretion, as long as the equipment is utilized for government or government related purposes. The ownership of the existing city Optech IIIP equipment will be transferred to the County for trade-in consideration on purchase of the new equipment. All cities in the County will be covered by a countywide service agreement with the successful bidder. The County will enter into a contract for this service agreement, "up-front"the costs, and assess a pro-rated per unit cost back to each city to be reimbursedto the County on an annual basis. As stated Hennepin County General Services Taxpayer Services Division A-600 Hennepin County Government Center Minneapolis, Minnesota 55487-0060 Recycled Paper January 10, 1998 Memo regarding election equipment Page 2 previously, we cannot provide actual costs or details until the contract is awarded; however, we believe per unit costs on a countywide basis should be lower than those assessed on a city-by-city basis. The City and County will enter into a User Agreement which will include the conditions identified above. Timeframes applied to preliminary requirements and implementation in a project of this magnitude are realistically subject to change, however we anticipate the following schedule of events: February 18 Proposals from vendors are due no later than 2:00 pm February 19 County commences two-week evaluation process for consideration of proposals submitted February 27 Written approval of the concept contair~ed herein must be received from all cities March 9 Contract awarded to the successful bidder for an Optical Scan Precinct County System and related full service agreements March 16 User Agreement containing all details and costs for service agreement completed and forwarded to cities. This timeframe will give cities six weeks to present the agreement to the Governing Body or proper authority for consideration and approval. April 27 Cities return the approved User Agreementto the County June1 New equipment delivered and old equipment retrieved by the successful bidder NO LATER than June I. This condition is firm in the contract specifications! The County is requesting cities' written approval of ONLY the concept outlined above. If you haven't already done so, you may want to present this concept to your governing body or proper authority on an informational basis before any formal action is required. Approval of this concept from each and every city in the County is necessary at this time, as countywide involvement is the most critical element in the success of this city/county project. The County cannot, and will not, proceed any further until we can be assured of an agreement and willingness to participate in this group effort by all cities. Please consider this request immediately. Return the enclosed Concept Approval form no later than February 27, 1998. As you can see from our anticipated schedule, time is of the essence! If all goes as planned, this new equipment will be on hand, fully tested and available for the 1998 elections. If you have any questions, please contact Merge Christianson at 348-5103. Sincerely, ~ / Patrick H. O'Connor, Director Taxpayer Services Department c: Jeff Spartz, County Administrator Sandy Vargas, Deputy County Administrator enclosure CONCEPT APPROVAL ELECTION EQUIPMENT PURCHASE The City of has reviewed the Hennepin County letter of and accepts the general concept of Hennepin County purchase of new election equipment for cities, using city-owned equipment as trade-in on the new equipment, and continued no-cost election programming services for cities. Formal approval by the City in the form of a County/City User Agreement will be requested following the County's award of a contract to the successful bidder. Date City Manager, Administrator or Mayor Return by February 27, 1998 to: Marge Christianson, Supervisor of Elections Taxpayer Services Department A-600 Government Center Minneapolis, MN 55487 February I0, 1998 PROPOSED RESOLUTION #98- RESOLUTION TO APPROVE A LAKESIDE AND FRONT YARD SETBACK VARIANCES TO CONSTRUCT A NEW HOME AT 4930 WILSHIRE BLVD, LOT 8, BLOCK 18, SETON, BLOCK 39, WYCHWOOD PID 24-117-24 14 0051, P & Z CASE #98-01 WHEREAS, the applicants, Brad and Cheryl Stannard, have applied for lakeside and front yard setback variances to construct a new home at 4930 Wilshire Boulevard, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, and 6~feet of lot frontage, and; WHERE,AS subject property is located at the intersection of Wilshire Blvd and Harland Lane along Emerald Lake and has 10,950 square feet of are.a,~,bove the flood plain, and; WHEREAS, the applicant is proposing to build a two-story home with an attached garage, and; WHfi~S, the lakeside setback of 30 feet, requiriag variances of 9 feet and 22 feet respectively, and; WHEREAS, the DNR has reviewed and commented ahd has recommended denial, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval of the variance recommend by staff with alterations, and; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a 9 feet lakeshore and a 22 feet front yard variances with the following conditions: The applicant include a turn around in the driveway to prevent backing onto Wilshire Blvd. The applicant secure a driveway permit from Hennepin County prior to bui~ld, ing permit issuance. The applicant explore an alternative avenue for location of the sanitary sewer stub connection, otherwise, will be required to secure a license to Cross Protected Waters permit from the DNR. February 10, 1998 Stannard - 4930 Wilshire Blvd Page 2 The lowest finished floor elevation be at or above 933'. The Building Official review and approve building techniques to protect against foundation settling. The City Engineer review and approve drainage plans prior to building permit issuance. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in paragraph number one above remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Building a non conforming 2 story home with attached garage. This variance is granted for the following legally described property as stated in the Hennepin County Property Information System 1997 Tax Book, Report PI433401: THAT PARTOF LOT 8 BLOCK 1 8 SETON AND THAT PART OF BLOCK 39 WYCHWOOD LYING ELY OF LINE A SAID LINE A DESC AS COM AT THE MOST SLY COR OF SAID LOT 8 TH NWLY ALONG THE SWLY LINE THOF TO THE MOST SLY COR OF BLOCK 39 WYCHWOOD AND THE BEG OF LINE A TH DEF RIGHT 86 DEG 48 MIN TO THE N LINE OF SAID LOT 8 AND THERE LINE A TERMINATING, This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember and seconded by Councilmember. February 10, 1998 Stannard - 4930 Wilshire Blvd Page 2 The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk MEMORANDUM February 20, 1998 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER SUBJECT: EDC VACANCY - RECOMMENDATION As you know, there is a vacancy on the Economic Development Commission. Dave Willette had resigned earlier and we held off advertising the vacancy until recently. At the EDC meeting of February 19, 1998, the EDC held interviews of candidates. Mark Winter and Lonnie Weber were interviewed by the commission. Following the interviews, the EDC recommended unanimously that Lonnie Weber be appointed to the Willette term. In your COW materials distributed last week, you received letters of application from both candidates. If you have any questions, please contact me. BILLS February 24, 1998 BATCH 8022 Total Bills $203,792.84 $203,792.84 , Il 'D th J o~o~ . Z 0 February I0, 1998 RESOLUTION//98- RESOLUTION APPROVING THE PROJECTED USE OF FUNDS FOR 1998 HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT§ WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS WHEREAS, the City of Mound, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Mound, Minnesota, developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on Tuesday, February 24, 1998, to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and priorities of the City's proposed use of $64,454 from the 1998 Urban Hennepin County Community Development Grant. BE IT RESOLVED, that the City Council of Mound, Minnesota approves the following projects for funding from the Urban Hennepin County Development Block Grant Program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1998 Urban Hennepin County Community Block Grant Program. PROJECT BUDGET Westonka Senior Center Operations $ 8,025 Westonka Community Action Network (WECAN) $ 2,707 Sojourner $ 1,676 Community Action for Suburban Hennepin (CASH) $ 773 Rehabilitation of private property $51,273 TOTAL $64,454 BE IT FURTHER RESOLVED, that the City Council hereby authorizes and directs the Mayor and its City Manager to execute the Subrecipient Agreement and any required Third Part Agreements on behalf of the City to implement the 1998 CDBG Program. NOTICE OF PUBLIC HEARING 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) NOTICE is ~ereby given that the City of Mound, in cooperation with Hennepin County, pursuant to 'l~tle I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on Tuesday, February 24, 1998, at 7:30 PM, in [he Mound City Council Chambers at 5341 Maywood Road, Mound, MN. '; ~ The pub ic hearing is on the housing and community development needs, priorities of lhe City and Urban Hennepin County and the City's proposed i3se of the 1998 Urban Hennepin County Community Development Block Grant Program proposed planning allocation of $64.4.54. "In addition, during the July 1, 1998 to ~June 30, 1999 program year, it is estimated that no additional program income from i0cally funded CDBG act~vit~es will be ~vailable to the City. :g~ The City of Mound is proposing to r~ndertake the following activities with 1997 Urban Hennepin County CDBG funds starting o~o~ about July 1, 1998. ~ '~ ACTIVITY "~ ' Westonka Sen~or ~" Center Operations 8.025.00 '? Westonka Community :.~ Action Network(WeCAN) 2,707.00 ~ Sojourner 1.676.00 Community Action for =:~,~ Suburban Hennepin (CASH) 773.00 ... 'Rehabilitation of Private .. Property ~1,273.00 TOTAL $64,454.00 For additional information on the prioritieS, proposed activities, level of fundiqg a~d program performance, contact the City of Mound at 472°0600 or the Hennepin County Office of Planning & Development at 541- 8070. The public hearing is being held I~.rsuant to MS 471.59. Fran Clark, CMC City Clerk (PuOlished in The Laker February 14, 1998) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being duly sworn on oath, says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. B.)The printed Public HmRr~ ng 1 qqR P-T)BG which is attached was cut from the columns of said newspaper, and was printed and published once each week for 'l successive weeks: It was first published Saturday the ' 14 day of 'F'~bruary 19 98 , and was thereafter printed and published every Saturday, to and including Saturday, the . day of 19 ; /~~A~t~hor(ized Agent Subscribed and sworn to me on this 14 dayof/ February ,19 98 By: ~' '~_ ;'--~-- ......... --~i~t~. Fy -I'I'IP u bi ic I/~.'~,~, KRISTI HOLM f ~[~;/a~ COUM~SS~ON ~X~R~S ) (1) ~w~t classified rote ~id by ~mmemial users for ~m~le spa~: $12.90 per inch. G) M~imum rate allowed by law for a~ve maffer: $12.90. (3) Rate a~ually charg~ for a~ve maffer: $7.19 per inch. Ea~ a~itional su~essive week: ~. 14. RECEIVED SENIOR COMMUNITY SERVICES 10709 Wa~ata Blvd., Suite 111, Minnetonka, MN 55305 Phone 541-1019 BOARD of DIRECTORS February 2, 1998 John Nelson President Fax541-0841 Dwight Johnson ist vice President Peggy Kelly 2nd Vice President Laurie Lafontalne Treasurer Francis Hagen Secretary Kevin Krueger Past President Mary Henning Member-at-Large Dr. C. (Ike) Njaka Member-at-Large John Boeder Peter Coyle Robert DeGhetto ~Marty Guritz Aiko Higuchi Gloria Johnson Kathleen Miller Senator Gen Olson Curtis Pearson Nell Peterson Dan Ryerson Mary Tambornino Leonard J. Thiel Tom Ticen Benjamin F. Withhart Executive Director & C.E.O. Mayor Bob Polston and Council City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mayor Polston and Council Members: Senior Community Services is requesting that the City of Mound allocate $8,025 for the 1998-'99 fiscal year from it's share of Community Development Block Grant (CDBG) Year XXIV funds to support Westonka senior programs and services. This is the same amount approved for the current year. If there are any questions, or you would like to have our staff discuss any of our services, please let me know. On behalf of the many elderly who benefit, thank you for your support of the programs. We look forward to the continuing cooperation between the City of Mound and Senior Community Services. Sincerely, Ron Bloch Program Administrator PROGRAMS · Community Senior Groups & Multi-purpose Senior Centers cc: Ed Shukle Jr., City Manager · H.O.M.E. · Senior Outreach RECEIVED 'gqestonka Community Action Network · Emergency Assistance · Meals on Wheels · Human Services · Job Development & Placement 5600 Lynwood Blvd. Mound, MN 55364 (612) 472-0742 (612) 472-5589 (FAX) SERVICE AREA Greenfield Mound independence Rockford Loretlo St. Bonitacius Maple Plain Spdng Park Minnetonka Beach Tonka Bay Minnetrista Western Orono BOARD OF DIRECTORS Craig Andemon St Boni-Minnotnsta Police Chief Larry Bailey D~rector of West Hennepin Public Safety Mary DeVInney Westonka Foodshelf Coordinator Ro~emarla Flbrege-Snyder Community Volunteer Steve Hlrpeltad Community Volunteer Lan Harmll Mound Police Chief Mary Hurley Adult Basic Education Program Mgt: Marvin Johnson Mawr of Independence Ronnle Mad~en Community Volunteer Sharon McMenamy-Cook Norwesr Bank Vice President Dorothy McQueen Community Volunteer Susan Meyem Community Volunteer Sandy Olstad PariSh Nurse Kate Perkins Special Education Teacher Charles Pugh Community Volunteer Ken Rlbe Pastor of First Presbyterian Church RIcha~d Schleffer Local Attorney Sandy SImar Head Start Manager Fr. Michael Tege~er Pasto~ Our Lady of the Lake Church Bob Tomalka Community Volunteer Mardl Watt Westonka Chamber-Ada ASSt. ADMINISTRATION Klkl Sonnen Executwe Director Rachel Enter Jobs Counselor/Program Manager Audrey Ogland Admmtstratwe Assistant Meals on Wheels Coordinator February 4, 1998 Mayor and Councilmembers of Mound 5341 Maywood Mound, MN 55364 Dear Mayor and Councilmembers, We respectfully request the City of Mound renew your allocation to WeCAN from Community Development Block Grant funds again this year. We thank you again for your generous support of $2,821 from 1997 CDBG funds. This year we are requesting $4,500. We are asking for an increase this year because of special community needs. Private individuals, businesses, churches and service organizations continue to support WeCAN very generously. So far this fiscal year the community has donated over $36,000 and WeCAN fundraisers have raised an additional $8,000. However, WeCAN still has to find an additional $12,000 to cover the costs of programs and services to families in need. One of the reasons we are facing this deficit is because about $4,000 of WeCAN's emergency assistance funds from the County are being m-allocated to social service providers in northern Hennepin in 1998. On top of this we am seeing an increased number of working people who cannot make their incomes stretch to cover basic family needs. The impact of the Toro layoff is also another factor that could increase the need for WeCAN services. WeCAN's Jobs Program continues to help many people find good jobs, but funding from county and foundation grants for this program has ended. WeCAN is a community-based human service organization, dedicated to helping people achieve greater self-sufficiency and family stability. WeCAN provides a variety of service to Iow-income residents in western Hennepin County. In 1997 WeCAN served 645 families, 355 of whom am Mound families. Our services include Emergency Services, Meals on Wheels, Job Placement, Food and Nutrition Education, Family Support Services, Public Assistance Intake services, and Family and Individual Mental Health Counseling. We are looking forward to being at your Tuesday, Feb. 24 public hearing to discuss our request in greater detail and provide additional information about Mound families served by WeCAN. If you have any questions or concerns at any time, please feel free to call me at 472-0742. Sincerely, Kiki Sonnen WeCAN Executive Director P.O. Box 272 Hopkins, MN 55343 SOJOURNER PROJECT, INC. Serving Battered Women and Their Children Business Shelter Community Intervention 612-933-7433 612~933-7422 Advocac9 612-935-7007 Voice/TDD 612-935-1004 February 9, 1998 Ed Shukle City of Mound 5341 Maywood Rd. Mound, MN 55364 RECEIVED. § i998 Dear Mr. Shukle: Thank you for this opportunity to present to you information about Sojourner Project's work with battered women and their children in the City of Mound. As you know, for many years these services were provided by Westonka Intervention Project, but Westonka has ceased operations and transferred their services to us. Sojourner is pleased to have this partnership with the City of Mound, and we look forward to a long association with you. We are requesting Community Development Block Grant funds in the amount of $2500 for fiscal year 1998-99. Sojourner Project, Inc. was established as the Hopkins Project in 1979. We have had an emergency shelter since that time located in the western suburbs of Hennepin County. In 1982, we began providing domestic assault criminal justice intervention services to battered women in the City of Hopkins. We added Minnetonka to our intervention project in 1985, and St. Louis Park in 1989. With the closure of Westonka last year, we have added the cities of Mound, Minnetrista, St. Bonifacius, Orono, Long Lake, Spring Park, Minnetonka Beach, and Wayzata. Battering is a systemic pattern of violent, controlling and coercive behaviors employed by abusive people to intimidate and control their victims. The overwhelming majority of these victims are women. Domestic assault is the single greatest cause of injury to women. Each year in Minnesota approximately 25 women and 10 children die as a result of domestic violence. Historically, domestic violence has been viewed as a private matter between family members. In the past two decades, that has begun to change. Traditional enforcement and prosecution techniques have not been effective in addressing domestic violence. In the past, the onus was generally on the victim to bring a domestic assault case forward. The victim is usually not in a position to do this because she may be manipulated, intimidated, or terrorized by the defendant into using whatever influence she can to get charges dismissed. Since the late 1970's, tougher new laws aimed at holding perpetrators of domestic violence accountable have given law enforcement and criminal justice practitioners new tools that can be used to pursue domestic assault cases even if the victim is reluctant. In recent years, we have learned that a coordinated community response including aggressive law enforcement and prosecution, accountability and treatment for abusive partners, and advocacy services for battered women and their children can be effective in addressing violence. This approach is the best way to promote safety for victims, accountability for violent partners, and to create a general deterrence in the community that domestic violence will not be tolerated. Our intervention project is staffed 24 hours per day and 365 days per year by paid staff and volunteers. The police department notifies us when they respond to a domestic assault call so that our on-call advocates can make immediate contact with the victim. The advocate provides crisis intervention services, helps the victim to assess her need for medical care, counseling, safe housing, legal action, or any other need she might have. Most victims have little if any information about the court process, so our advocates talk with her about it. We also obtain necessary information from her that the court might want, such as whether she wants contact with her partner, whether she thinks there is a need for counseling, whether she thinks bail or incarceration is necessary to prevent future violence, etc. Sojourner staff follow the case as it progresses through the system, and consult with prosecutors, probation officers, and other players in the criminal justice system to ensure that the victim's voice can be heard. We also work closely with criminal justice practitioners to provide feedback on policies and practices and how they affect battered women and their children. In addition to our intervention services, Sojourner operates an emergency shelter and a community advocacy program. These services are available to Mound residents, although they are not funded by this grant. Most women do not choose to go to the shelter, but many might seek an Order for Protection, attend support group, or access other services through our community advocacy program. We also provide community education services to schools, service groups, religious organizations, and other groups. This service is available in Mound as well. The City of Mound benefits in many ways from the services Sojourner provides. Battered women and their children receive direct benefit by receiving crisis intervention, individual support, and advocacy services. A tangential benefit is that we believe that when a victim of domestic assault feels supported and her needs for safety and other resources are addressed, she may be more willing to participate in prosecution, thus increasing the likelihood that prosecution will be successful. A vigorous criminal justice response can reduce the number of repeat police calls to a residence, which can be a quality of life issue for city residents. Each year, friends, family members, neighbors, and others die in the commission of domestic homicides. Thus, the community as a whole benefits from a coordinated systems response which addresses the three goals of victim safety, perpetrator accountability, and community deterrence. It is the purpose of Sojourner's intervention project to promote this coordinated response. We anticipated last year that we would serve about 50 battered women and their children from the eight cities. Since May 1997, our advocates responded to at least 15 calls from Mound alone. The police department notifies us regularly when they respond to domestic assault calls. The number of calls we receive has been gradually increasing, and we anticipate that as we work more closely with law enforcement, that the increase in the number of calls will continue. Thank you again for considering our application for funds. Without financial support from the City of Mound, it would be difficult to extend our services to Mound residents. We hope you will give us favorable consideration. Representatives from Sojourner Project plan to attend the meeting of the City Council when this request is considered. If you have any questions about our program or this request for funds, please feel free to call me at 935-7007. I look forward to hearing from you. Sincerely, Denise L. Eng Community Team Coordinator Community Action for Suburban Hennepin Community Education Community Services Emergency Assistance Homeless Family Support Homelessness Prevention Volunteer Services Energy Assistance Tenant Hotline Tenant Organizing Home Buyer Education Homeowner Counseling Home Rehab Counseling Mr. Ed Shukle, City Manager City of Mound 5341 Maywood Road Mound, MN 55364 January 30, 1998 Dear Mr. Shukle: This letter is to request funding in the amount of $3,000 from the city's Community Development Block Grant program. This funding will be used to support HOME Line, the housing services of Community Action for Suburban Hennepin (CASH). I am enclosing data showing use of these programs by residents of Mound. As you can see, we are mostly serving Iow and moderate income people in your community. We appreciate your generosity to us in the past four years and your willingness to consider our request for continued support. If you have questions or need additional information, please feel free to contact me at 933-9639, extension 203 or Charlie Warner, our Housing Programs Director at extension 221. Sincerely, L. Sharon A. John~q~n [xecutive Director 33-10th Avenue S. Suite 150 Hopkins, MN 55343 Business (612)933°9639 Tenant Hotline 933-0017 Energy Assist. 930-3541 Fax 933-8016 TDD 935-4011 Enclosure: Information on program benefits to Mound residents Investing In People, Building Community Community Action for Suburban Hennepin's HOME Line Renters' "Hotline" Information on calls during the years 1992-1997 Mound Over the past six years, a total of 262 Mound Number of calls by year (unduplicated) renters have contacted HOME Line. This represents service to approximately 655 residents when all family members are counted. 0 I I ! I I I 1992 1993 1994 1995 1996 1997 Mound Callers' Incomes (1992-1997) ,ow ~ Moderate 28.7% ~ Higher 3.9% Through the help of HOME Line, Mound tenants have received $250.00 back from improperly withheld security deposits and $200.00 in rent abatements (refunds for substandard conditions.) A vast majority (over 95%) of Mound callers to HOME Line are Iow and moderate income. These income categories are those used by the U.S. Department of HUD: Low = incomes below 50% of the Metro median income; Moderate = incomes between 50 and 80% of the Metro median; Higher = incomes above 80% of the Metro median. Community Renters Education Program HOME Line's Community Renters Education Program provides education to high school students, (primarily seniors) presentations to tenants/staff of area agencies, information booths at community events and trainings to volunteers/staff from agencies and managers/property owners. ,High Number of students Name of School I 9 9 3 .1 9 9 4 Academy Of Holy Angels 0 0 0 Bloomington Jefferson 73 (3) 0 0 Bloomington Kennedy 90 (3) 0 30 (1) Brooklyn Center 46 (2) 38 (2) 44 (2) Champlin Park 40 (2) 0' 82 (4) Coon Rapids 0 0 52 (2) Crystal 0 0 0 Eden Prairie 46 (2) 48 (2) 76 (2) Edina 38 (2) 0 0 Excelsior 0 0 0 Hopkins 156 (6) 26 (2) 82 (3) Mahtomedi 0 0 30 ( 1 ) Minnetonka 0 47 (2) 0 Orono 0 0 0 Osseo 0 64 (2) 0 Osseo-Park Center 35 (3) 0 60 Richfield 60 (2) 47 (2) 58 Robbinsdale-Armstrong 62 (2) 0 25 Robbinsdale-Cooper 56 (2) 59 (2) 56 Rockford 0 0 0 St. Anthony 0 0 15 St. Louis Park 0 12 (1) 15 Wayzata 24 (1) 38 (2) 0 Westonka 0 O O TOTAL 726 (30) 379(17) 625 School Presentations (Number of presentations) 1995 1996 1997 0 85 (3) 22 (1) 28 (1) 24 (2) 55 (3) 0 67 (3) 219 (8) 246(8) 178 (6) 210 (7) 17 (1) 23 (1) 86 (3) 83 (4) 0 0 10 (1) 5 (1) 110 (7) 111 (5) 0 0 99 (8) 20 (1) 0 30 (1) 10(1) 0 (2) 0 0 (2) 60 (2) 141 (5) (1) 27 (2) 0 (2) 55 (3) 46 (2) 8(1) 0 (1) 18 (1) 0 (1) 86 (4) 55 (2) 0 60 (2) 0 50(2) (24) 1,029 (51) 1,315 (51) The high school presentation covers the rights and responsibilities of renters. The presentation can be tailored to fit any class size, any class needs, and all class schedules. Presentations Association for Rental Management of Brooklyn Center Bloomington Managers and Owners Coalition Business and Professional Women League of St. Louis Park Center for Asians, Minneapolis Community Resource Center, Brooklyn Park Creekside Community Center, Bloomington Crisis Connection, Minneapolis Crystal Managers Coalition Edina Community Center Hennepin County Home School, Bloomington, Crystal, Excelsior, Minnetonka Minnesota Multihousing Annual Convention New Hope, Robbinsdale, Crystal Managers Coalition Perspectives Transitional Housing, St. Louis Park Richfield Apartment Managers' Association, Richfield Senior Linkage, Robbinsdale Thorson Family Resource Room. Crystal Womens Resource Network, Minneapolis Other Educational Activities Community Events Traini Crystal Frolics Mall of America, WCCO Booth Bandana Square, St. Paul Richfield Cattail Days St. Louis Park Knollwood Mall "Community Bazaar" St. Louis Park Party in the Park nqs American Indian Housing Corporation, Minneapolis Bill Kelly House, Minneapolis Bristol Place, Minneapolis Community Action Council, Apple Valley Community Case Corporation, Minneapolis Eden Women's Program, Minneapolis Hamline Coalition, St. Paul Heartland Community Action, Wilmar Hope Allianz, Minneapolis Itasca County Tenant Assistance Program, Grand Rapids Kooch-ltasca Action Council, Inc., Grand Rapids Maryland Park Tenants Association, St. Paul Metropolitan Center for Independent Living, Minnetonka Minnesota Multihousing Minnesota Fair Housing Center, Minneapolis NW Community Support Program, Crystal Overcoming Poverty Together, Mankato Person to Person, Minneapolis Perspectives Transitional Housing, St. Louis Park Pillsbury House. Minneapolis Pillsbury Neighborhood ServicesRVaite House, Minneapolis Property-owners, Bloomington, Minneapolis and Minnetonka Property Managers, Bloomington, Brooklyn Center, Edina, Minneapolis, Plymouth, St. Louis Park, and St. Paul Richfield HRA, Richfield Salvation Army, Project Breakthrough, Minneapolis Scott/Carver/Dakota Community Action, Shakopee Simpson Housing, Minneapolis Sojourner Women's Shelter, Hopkins South Eastern MN Housing Network, Rochester South West Minnesota Housing Partnership, Slayton Southern Minnesota Regional Legal Services, St. Paul St. Anne's Shelter, Minneapolis St. Paul Public Housing St. Paul Tenants Union St. Stephen's Shelter, Minneapolis Thorson Family Resource Room, Crystal Vail Place, Hopkins Vail Place, Minneapolis YWCA of St. Paul HOME Line's Center for Homeownership CDBG Report for the City of Mound January 30, 1998 HOME Line now provides a complete spectrum of services to home buyers and homeowners in suburban Hennepin County. The housing industry refers to this as "full cycle horneownership services". The services include: · Pre-Purchase Home Buyer Education & Counseling. (Started August, 1994) · Home Maintenance, Repair and Rehab Programs. (Started October, 1996) · Foreclosure Prevention Counseling. (Started August, 1992) · Reverse Mortgage Counseling for Seniors. (Started July, 1997) Approximately 89% of the homeowners and home buyers served by HOME Line's Center for Homeownership were Iow to moderate income households. 27% 11% Household Incomes 62% · Low - Below 50% of Median Income · Moderate - 50% to 80% of Median Income E] Upper - Over 80% of Median Income Pre-Purchase Home Buyer Education and Counseling Our three-part Home Stretch home buyers' workshops are offered monthly. The workshops provide information on each step of the home buying process. The curriculum meets or exceeds FHA, MHFA, Fannie Mae and Freddie Mac guidelines. We also offer individual home buyer counseling to assist potential home buyers in developing an action plan to overcome barriers to homeownership. The most common barriers are lack of down payment and closing costs, credit problems, and insufficient income. 78.6% of the households that purchased homes received below market rate mortgages. Eligible, first-time home buyers in Page Two HOME Line's Center for Homeownership Mound Mound currently have access to 30 year fixed rate mortgages at 5.55%. This is just one of several mortgage programs available through our partnerships with lenders. Home Maintenance, Repair and Rehab HOME Line's Home Rehab Program has assisted 11 Mound homeowners County homeowners who have home maintenance, repair or rehab needs. Our staff can provide technical assistance in identifying needed repairs, writing specifications, finding qualified contractors, evaluating bids, and working with contractors until job completion. We also provide information on numerous loan and grant programs that will finance the cost of home repairs and rehab. Another component of the program is a series of workshops for homeowners. These workshops include topics such as Weatherization, Dream House or Money Pit? - How To Know The Difference, small plumbing repairs and basic home repairs. Foreclosure Prevention Program The chart below shows the number of Mound homeowners requesting foreclosure prevention assistance. Year Mound Households Served 1993 6 1994 17 1995 16 1996 18 1997 16 Total 73 Page Three HOME Line's Center for Homeownership Mound The main reason for default was unemployment or a reduction in income. Main Reasons for Default · Unemployment or Reduction in Income · Health or Health Care Costs E3 Divorce/Separation n Money Mismanagement · Unexpected Expense · Not Affordable ·Other Foreclosure was averted in approximately 90% of the cases. 55 Mound homes have been saved. A total of $11,062.47 in financial assistance was obtained for Mound homeowners. Results of 67 Closed Files 1 55 Homes Saved · 5 Homes Sold [3 5 Foreclosures B 2 Unknown ,,,-..-/¢ EIVED DATE: TO: FROM: SUBJECT: January 19, 1998 Urban Hennepin County Cooperating Communities Barbara Hayden, Administrative Manager Hennepin County Office of Planning and Development 1998 Urban Hennepin County CDBG Program Accompanying is the 1998 Urban Hennepin County CDBG Program planning packet. The following items have been included to assist communities in the process of selecting activities for CDBG funding: 1998 Consolidated Plan Schedule Planning Allocations by Community Five-Year Priority Needs Summary Sample Notice of Public Hearing Sample Resolution Request for Funding Form List of CDBG Eligible Activities The 1998 Urban Hennepin County CDBG Program allocation is $3.462 million. This is approximately 3.6 percent less then the 1997 grant. Recaptured 1995 CDBG funds totaling $24,234 have been added to the commumty planmng allocations. All cities that had funds recaptured have been notified. This is the second program year under the 1997-99 Joint Cooperation Agreement. Under the agreement, planmng allocations to communities that would receive $50,000 or less have been placed into a consolidated pool. A separate notification of funding availability has been sent to communities contributing to the pool. Only communities contributing to the pool are eligible to compete for these funds. As in previous program years, the formula for determimng the planning allocations is based upon your commumty's share of the Urban County total population, people with incomes at or below poverty level and overcrowded housing units. Poverty data is a double-weighted factor in the formula. Population figures have been updated to 1996. All other data has been derived from the 1990 U.S. Census. Hennepin County Office of Planning & Development, Development Planning Unit, 10709 Wayzata Boulevard, Suite 260, Minnetonka, MN 55305 Mail Code: 604 Phone: (612) 541-7080 Fax: (612) 541-7090 TDDFITY (612) 541-7981 CONSOLIDATED PLANNING This is the fourth year the CDBG Program is being developed under the Consolidated Plan process. HUD instituted this process as a replacement for the independent planning and submission for the CDBG, HOME, Emergency Shelter Grant (ESG) Programs and the Comprehensive Housing Affordabilitv Strategy (CHAS). The plan is intended to guide communities in the preparation of a comprehensive vision of ho'using and commumty development. HOME PROGRAM AND EMERGENCY SHELTER GRANT (ESG) PROGRAM Using a separate solicitation process, the counb' is currently requesting proposals for the use of $2.453 million in HOME funds and $137,000 in ESG funds. All cities received a separate notification for the HOME Program. The ESG solicitation will be sent to nonprofit organizations serving the homeless in Hennepin County. If your city or a nonprofit service, shelter or transitional housing provider is interested in applying for ESG funds, please contact Mark Hendrickson at 541-7084. The ESG solicitation is targeted to funding transitional housing for homeless families with significant housing barriers. COUNTYWIDE HOUSING AND COMMUNITY DEVELOPMENT PRIORITIES Below is a summary of the coun ,tywide priorities identified in the Consolidated Plan. The priorities were developed using the results of the 1995 survey of participating communities (surveys were received from 26 cities, representing more than 85 percent of the Urban County population), 1990 housing and demographic data and comments from housing providers and advocates. A detailed list of priorities by type of activity is enclosed. The countywide pnonties should be used as a guide when you consider the use of CDBG funds to address local needs. The county will consider the relationship of proposed projects to coun .tywide priorities in the evaluation of projects for CDBG funding. If you propose to use CDBG funds for a project that does not have a high countywide priority, you must clearly demonstrate why the project has a higher priority in your commumts.'. HOUSING Rental and Supportive Housing: planmng, site acquisition, related infrastructure for development of new units and rehabilitation of existing units for low-income households (less than 50 percent of median income). Homeownership: planning, site acquisition, related infrastructures, downpayment assistance for low-income, first-time homebuyers and rehabilitation of existing units occupied by low-income households. COMMUNITY DEVELOPMENT Neighborhood redevelopment/revitalization, senior centers, removal of architectural barriers/ADA compliance, lead-based paint abatement and planmng activities to address housing and commumty revitalization needs. General planning activities and the removal of architectural barriers will be considered a Iow CDBG funding priority, unless the activity is directly related to an otherwise eligible housing and/or community development activity. The purpose of this change, which began with the 1997 program, is to focus funding on activities consistent with CDBG priorities. PUBLIC SERVICES Services to senior citizens, disabled persons and youth, childcare assistance and transportation services. ADMINISTRATIVE REQUIREMENTS No more than three activities should be undertaken in each community and each activity should have a budget of at least $7,500. When funds are committed jointly with other participants to carry out a single activity, these limits do not apply. Communities are strongly encouraged to develop joint imtiatives to address mutual needs by consolidating their resources. LOW/MODERATE-INCOME BENEFIT Seventy percent of the CDBG funds must be utilized for activities benefiting very low and low-income residents. HUD allows Urban Hennepin County CDBG funds to be used for eligible area benefit activities in census tracts where the percent of low and moderate-income persons are 37 percent or more. This is an exception to the requirement that a majority of persons in an area must be low and moderate-income. Maps have been provided to communities with qualifying census tract block groups. Please contact your CDBG representative if you need a map or have a question about eligible low and moderate-income benefit activities. FUNDING PUBLIC SERVICES Commumties will continue to have the flexibility, imtially, of using up to 20 percent of their CDBG planning allocation to fund public services. Proposals that exceed 20 percent will be reduced. Please be sure to utilize your 1998 allocation for calculating the 20 percent public service cap. Once all proposals have been submitted, count3' staff will determine if the 1998 program has exceeded the HUD required 15 percent cap on public services. If the cap is exceeded, communities budgeting over 15 percent of their allocation may have to make reductions. AFFORDABLE HOUSING As identified in the Consolidated Plan and other studies, there is a significant need in suburban Hennepin County for affordable low-income households. Affordable housing, appropriate to the needs of different types of households, has been identified as a high priority for the use of HUD resources in the Consolidated Plan. Activities are encouraged that will develop or improve housing for low-income households, assist persons who are homeless or at risk of becoming homeless, persons with disabilities, families with children and the elderly. The CDBG Program is an important resource to assist commumties in addressing the critical need for affordable housing. AFFIRMATIVELY FURTHER FAIR HOUSING As recipients of HUD funds, Hennepin County and each subrecipient commumty has agreed to affirmatively further fair housing. HUD has initiated measures encouraging recipients to become more pro-active in addressing conditions that create impediments to fair housing choice. As a potential condition to receiving future funds, HUD expects recipients to undertake specific activities that will serve to further fair housing choice. In 1997 Hennepin County allocated $30,000 of its administrative budget from the CDBG and HOME Programs £or fair housing services including; £aJr housing choice outreach, counsel/ng and re£erral services, training and education programs and enforcement of fair housing laws and ordinances. It is anticipated a similar amount will be allocated from 1998 program administrative fimds. SUBMISSION REQUIREMENTS PUBLIC HEARING Prior to March 13, 1998, each community must conduct a local public heating and adopt a council resolution on the proposed use of CDBG funds. A sample public heating notice and resolution are enclosed. The resolution includes language authorizing the signature of 1998 subrecipient and third party agreements. PROJECT PROPOSALS Please complete one funding request form for each project. Hennepin County staff will review each project to determine CDBG eligibility, program benefit and the relationship to countywide priorities. Please submit the following by March 13, 1998: Request for Funding Form(s) Council Resolution Public Hearing Notice - Affidavit of Publication (as soon as possible) Minutes from the Public Hearing (as soon as possible) ASSISTANCE Please contact your CDBG representative or me if you have any questions or need assistance with the 1998 planning process. The CDBG Program representatives for each city are listed below. Jim Ford -/4 541-7091 all Consolidated Pool Communities Rod Waara - #541-7088 Brooklvn Park Minnetonka Mark Hendrickson - #541-7084 Brooklyn Center Maple Grove Champlin Mound Crystal New Hope Eden Prairie Richfield Edina Robbinsdale Golden Valley St. Louis Park Hop 'kins We look forward to working with you in 1998. Enclosures U:\Cdbg1998~nemo applic pkt.doc wO 'r'~ 0 o Z Z 0 1998 CDBG ALLOCATIONS BY COMMUNITY COMMUNITY ALLOCATION* Brooklyn Center 240,809 Brooklyn Park 501,130 Champlin 76,094 Crystal 135,361 Eden Prairie 182,404 Edina 181,842 Golden Valley 103,744 Hopkins 148,989 Maple Grove 148,012 Minnetonka 208,601 Mound 64,454 New Hope 162,931 Richfield 245,230 Robbinsdale 83,642 St. Louis Park 278,491 Subtotal: $2,761,734 Consolidated Pool (28 communities) Community Allocation Total: Administration (Hennepin County): County Total: *Includes recaptured funds of $24,234 $ 378,300 $3,140,034 $ 346,200 $3,486,234 U:\CDBG 1998\ALLOCAT$ 1/1/98 URBAN HENNEPIN COUNTY Five Year Priority Needs Summary Cost Burden > 30% High High Medium Cost Burden > 50% High High Low Small Substandard High High Medium Related Overcrowded Medium Low Low Cost Burden > 30% High High Medium Cost Burden > 50% High High Medium Renter Large Related Substandard High High Medium Overcrowded High High Medium Cost Burden > 30% High Medium Low Cost Burden > 50% High Medium Low Elderly Substandard High High Medium Overcrowded Low Low Low Cost Burden > 30% Medium Low Low Cost Burden > 50% High Medium Low Owner Substandard High High Medium Overcrowded Low Low Low :~:~:~:i:i:i:i:i:i:i:i:~:i:i:i:i:i:!:i:i:!:~:~:i:i:i:i:i:i:i:i:i:~:i~:i:i:i:~:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:~:~:~:i:~: i:i:i:!:i:i:i:i:~:~:~:i:i:~:i:!:~i~:~i~iiiiiiiii~ii~i!~ii!~i~i~i~i!i~iii~i~i~i~iii~i~!!!~i~i ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Assessment/Outreach Medium Medium Medium Emergency Shelter High Medium Medium Transitional Housing High High High Permanent Supportive High High High Housing Permanent Housing High High High Senior Centers Youth Centers Neighborhood Facilities Child Care Centers Parks and/or Recreation Facilities Health Facilities Parking Facilities Other Public Facilities High Medium Medium Low Medium Low Low Low Low Low Low Solid Waste Disposal Improvements Flood Drain Improvements Water Im_provements Street Improvements Low Sidewalk Improvements Sewer improvements Asbestos Removal Low Low Low Other Infrastructure Im ,ent Needs Low Senior Services Handicapped Services Youth Services Transportation Services Substance Abuse Services Employment Training Crime Awareness Fair Housing Counseling Tenant/Landlord Counseling High High High High Low Low Medium Medium Medium Child Care Services Health Services Other Public Service Needs Commercial-Industrial Rehabilitation Commercial-Industrial Infrastructure Other Commercial-Industrial Improvements Micro-Business High Low Medium High Low Low Medium Medium Low Medium Other Businesses Low Technical Assistance Low Other Economic Development Needs Energy Efficiency Improvements Lead Based Paint/Hazards Code Enforcement Medium Medium High Medium Medium Definin,q I'~ieed Levels: The level of need is defined as follows: Hi.qh priority: Funding for these activities will be heavily pursued during the five-year period. Medium priority: If funds are available, activities to address this need may be funded by the city during the five-year period. Low priority: The city will not fund activities to address this need during the five-year period. No such need: The city finds there is no need or that this need has already been substantially addressed. U:\Cdbg1998\form priority needs.doc CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 February 18, 1998 Honorable Mayor, City Council, and City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: 1997 ANNUAL REPORT PLANNING AND INSPECTIONS DEPARTMENT Dear Mayor, Council and City Manager: It is my pleasure to present you the Annual Report of the Planning and Inspections Department. It is our hope that this report will supply management with enough data to study and then decide and direct this department in its course of action in the years to come. We welcome .apy-co~nm--~'~lts~suggestions or questions you may have. o~n S~uther~fand Building Official JS:kl printed on recycled paper PLANNING AND INSPECTIONS DEPARTMENT 1997 ANNUAL REPORT CONTENTS 1 PERSONNEL ................................................................................................. CONSTRUCTION ACTIVITY ......................................................................... 1-2 2 PUBLIC LANDS ............................................................................................ 2 PLANNING & ZONING ................................................................................... COMPLAINTS & ORDINANCE VIOLATIONS ...................................................... 3 ORDINANCE CHANGES ................................................................................. 3 BUILDING CODE EFFECTIVENESS GRADING SCHEDULE (BCEGS) ..................... 3-4 4 REVENUE/EXPENDITURES ............................................................................. 4-5 GOALS ....................................................................................................... ..5-6 EDUCATION AND TRAINING ...................................................................... 6 SUMMARY .................................................................................................. EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: CONSTRUCTION ACTIVITY ......................................................... 7 NEW HOUSING UNITS (1974-1997) ............................................. 8 TOTAL YEARLY VALUES OF NEW CONSTRUCTION ....................... 9 BUILDING ACTIVITY REPORT, DECEMBER 1997 .......................... 10 PLANNING & ZONING CASE STATISTICS .................................... 11 5'30 Planning & Inspections 199 7 Annual Report PERSONNEL: 1997 was a year of transition for us with three personnel changes in our secretary position. The dust finally settled when we hired Kris Linquist as our new Planning and Inspections secretary in August. Kris comes with a good knowledge of Mound (being a resident and the current president of the Mohawk Jaycees) and a background in city government, Kris's previous job was with the City of Saint Louis Park. During the transition we modified the responsibilities of the secretary position by eliminating some of the crossover work with the Parks Department. There have been positive and negative effects on both departments, on one hand the secretary's work load became more manageable, and on the other hand some of 'the continuity between the departments was lost. We also eliminated the floater/part time secretarial position. The changes to the secretary position will continue to be evaluated during the year. Another change for 1997 was the addition of Loren Gordon to our consultant City Planner's staff (Hoisington Koegler Group Inc.). Loren has picked up the majority of our planning cases and work load previously done by Mark Koegler. We are pleased to have Loren as part of our staff. CONSTRUCTION ACTIVITY' Construction activity is measured by the number of permits issued and the total value of the permits. There were 854 permits issued in 1997 for a total value of $8,012,800. Please note Exhibits A-D which illustrate our construction activity in more detail. The bulk of the construction activity in 1997 was 25 new dwellings with a total value of $4,185,466, Our new dwellings had an average permit value of $167,418 versus $159,868 in 1996, this average includes units constructed at Pelican Point that had individual permit values as high as $295,000. The Maple Manors Subdivision is now under construction with 4 building permits issued to date for 2 twin home units. The permit activity for residential additions and remodeling was also a highlight for 1997, we had 417 related permits for a $2,832,240 valuation. One popular remodeling item was the installation of a gas fireplace built into a home entertainment center. We had a total of 12 buildings demolished in 1997, this trend of demolishing the old cabin and rebuilding a new Planning & Inspections 1997 Annual Report home on the lakeshore continues to improve our housing stock, it also has the effect of improving the location of the structures with regards to setbacks. We also had 28 garages constructed in 1997! On the commercial side the construction year was slow but not without highlights, a few of which are; the vacant Headliners bar space and the area occupied by Larson printing at 5241 shoreline drive was remodeled to house the new Westonka Early Childhood and Family Education Center. I am happy to report that Larson Printing relocated within Mound and is now conducting its printing operations on the corner of Commerce and Auditors Road. Mound Evangelical Church put on an addition and St. John's Church completed the interior of the its new education wing. Ken and Sally Custer completed an attractive interior remodel of their Glass Plus showroom at 5533 Shoreline Drive. The Historic Mound Depot had new siding, doors and windows installed. Norwest Bank completed the interior of its new banking facility on Shoreline Drive. Leeds Electronics finished out the office space and moved into a portion of Lawrence Shaw's building at 5300 Maywood Road. In 1997, one dwelling and two commercial buildings were demolished in order to make-way for the realignment of Auditors Road, one of the first physical steps in the Mound Visions project. PUBLIC LANDS: Our Public Lands permit updating is nearly complete and should be completed in 1998. The Dock and Commons Commission recommended a policy change to the Public Lands Procedure Manual and the Council adopted the proposal (with minor changes). PLANNING & ZONING There were 65 total zoning cases in 1997. A complete accounting of our zoning actions are listed in the attached Exhibit E for Zoning Case Statistics. Out of 39 variance requests, we had 34 approved, 1 denied, 3 withdrawn, and 1 tabled. So looking at the 35 variance cases that were fully processed, 34 were approved for an approval rating of 97% for 1997. 532 Planning & Inspections 1997 Annual Report COMPLAINTS & ORDINANCE VIOLATIONS: Complaints and ordinance violation statistics are located within the Police Department's monthly and annual report. The majority of our complaints are handled by the Community Service Officers, we work with them on a regular basis, however, they are supervised by the Police Chief. The CSO's continue to do a great job, are getting better with experience, and the appearance of the community reflects their work. Not included in our recordkeeping are complaints related to violations of sign ordinance, building code, rental ordinance, or issues addressed independently by the Planning and Inspections Department staff, we had nothing out of the ordinary in 1997. ORDINANCE CHANGES: The Mound Visions Program and it's proposed downtown redevelopment has brought about some rezoning issues and proposed changes to the zoning code in general including but not limited to, setbacks, building heights, parking, and signs. Work on these issues as well as potential Streamlining, Stormwater Management, PCS towers, will continue well into 1998. BUILDING CODE EFFECTIVENESS GRADING SCHEDULE (BCEGS)- The Insurance Industry and the Insurance Service Office, Inc. (ISO) has stepped up its BCEGS schedule and Mound will be evaluated early in 1998. This process will evaluate the effectiveness of our cities building code program from the perspective of the insurance industries potential loss due to natural disasters. BCEGS is a measure of local building code enforcement capabilities. The concept is that municipalities with effective codes that are well enforced should demonstrate better loss experience, and insurance rates should reflect that. We will keep you updated. INTERNATIONAL BUILDING CODE (IBC) Currently there are three separate and distinct code organizations in the United States known as The International Conference of Building Officials (ICBO), Building Officials and Code Administrators International (BOCA), and the Southern Building Code Conference International (SBCCI). All three organizations have their own separate building code. Since 1996, we have been working on combining all 3 Planning & Inspections 1997 Annual Report three into one document identified as the IBC. The IBC should be ready for use by the year 2000 and will likely be adopted by the State of Minnesota in the year 2001. The IBC represents a cooperative effort to bring national uniformity to building codes. Having one uniform building code will foster national unity and benefit the construction industry, building owners, architects, designers, and the public. Issues such as the Americans for Disabilities Act; environmental regulations, energy conservation, response to disasters such as floods, earthquakes, fire, and wind, are all national issues. It is in the best interest of the nation and our membership of Building Officials to consolidate our documents into one. It also allows us code officials to utilize our energies and efforts to promote wider code adoption and better code enforcement which should in turn result in a better built environment for humanity. REVENUE & EXPENDITURES: Below is a summary of budget and revenue for construction activity: 1994 1995 1996 1997 ACTUAL ACTUAL ACTUAL ACTUAL REVENUE 114.442 105,199 128,893 154,054 EXPENDITURES 149,645 163,280 170,238 187,663 GOALS: We have made progress towards achieving our goals that we set for 1997, and I continue to see room for improvement. So here they are again and lets see what we can do for 1998. Our Goals for 1998 are: · Continue to revise and develop procedures for effective nuisance abatement consistent with community spirit. 4 1997 Annual Report Improve record keeping and tracking of complaints and problem areas to provide for improved compliance. Improve public awareness of zoning codes and ordinances. · Improve staff's response to complaints. · Improve reporting of activities to the City Council. Update fee schedules. Continue evaluating the streamlining process. · Update building/zoning handouts. Evaluate a new computerized permit system and, if reasonable propose as part of budget process. EDUCATION AND TRAINING: Every municipality within the State of Minnesota over a certain population is required by state statutes to adopt the State Building Code in its entirety and appoint a qualified Building Official who is tested and certified by the Department of Administration Building Codes and Standards Division. Each Building Official must satisfactorily complete applicable educational programs established or approved by the Commissioner of the Department of Labor and Industry. Continuing Education is imperative to maintain certification and to stay abreast of the every changing codes and new methods of construction. Some of my educational opportunities in 1997 were: ICBO Annual Code Change Hearings/Conference, September 20 - 26 in Phoenix, Arizona. 41s~ Annual Institute for Building Officials, University of Minnesota Earl Brown Institute in January. Planning & Inspections 1997 Annual Report North Star/ICBO Chapter regular and subcommittee meetings. State Building Codes Division Manufactured Home Seminar, March 13, 1997. SUMMARY: Much has happened in the last year. The work load was high due to the number of permits issued and the high number of zoning cases. We have accomplished a majority of our goals from 1996. We entertain any suggestions or comments you may have. We will continue our endeavor to improve our efficiency and service to the public. I am honored to be surrounded by such excellent people within this and other departments of the City. We look forward to another exciting and challenging year. 0 $$7 Z 0 0 0 0 0 0 0 0 Od 0 CO (.0 ~ Od sl!ul~ # 0 0 C:) 0 0 0 0 0 C:::) 0 0 0 CD (::::) 0 C:) (:~ $ suo!ll!iN u! enleA 9 Planning & Inspection Department 1997 Annual Report Exhibit D City of Mound BUILDING ACTIVITY IU~PORT Month: DECEHBER Year: 1997 THIS MONTH YEAR TO DATE r~l[ ~-~-f~ u c T I O N ,,, SINGLE FAMILY DETACHED 0 0 15 2,218,7/47 SINGLE FAMILY ATTACHED (CONDOS} 0 0 2 558 ,/458 TWO FAMILY I DUPLEX /4 4 510 ~ 000 8 1 ~ 456,719 MULTIPLE FAMILY (3 OR MORE UNITS} TRANSIENT "SG. [HOTELS I MOTELS] SUBTOTAL /4 /4 5[0 , 000 25 /4 , [85 , /466 NON-RESIDENTIALNEw CONSTRUCTION Ils PERMITs [ I VALUATION II S PERMITS ] VALUATION COMMERCIAL (RETAIL/RESTAURANT) OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL RESIDENTIAL "Il ' PERMITS I I VALUATION ]l ,PERMITS [ VALUATION ~.DDITIONS I~LTERATIONS ADDITIONS TO PRINCIPAL BUILDING 3 [27,400 38 8[/4,8/48 DETACHED ACCESSORY BUILDINGS 2 27,882 23 279 · 023 DECKS 3 26,760 51 185,158 SWIMMING POOLS 0 2 76,129 REMODEL- MISC RESIDENTIAL 20 20[, [27 303 i r 535 t 712 REMODEL - MULTIPLE DWELLINGS SUBTOTAL 28 393,169 417 2 ~ 832 t 2/40 COMMERCIAL (RETAIL/RESTAURANT} 1 2~0,000 2 250- 100 OFFICE I PROFESSIONAL 3 22, 500 8 111 ~ 865 tNDUSTRIAL 1 75 ~ 129 2 76,129 PUBLIC /SCHOOLS 5 557,000 DETACHED ACCESSORY BUILDINGS SUSTOTAL 5 347,629 17 995 I094 RESIDENTIAL DWELLINGS 5 NON.RESIDENTIAL BUILDINGS 7 TOTAL DEMOLITIONS ]. 2 J~ PERMITS # UNITS VALUATION # UNITS VALUATION ~s TOTAL 37 /4 [,250,798 * /469 8,0[2,800 PERMIT COUNT I THIS MONTH I YEAR-TO-DATE 'BUILDING 3 7 /469 FENCES & RETAINING WALLS ]. R % SIGNS 2 13 PLUMBING 8 135 MECHANICAL 13 1/46 GRADING 0 /4 S&W. STREET EXCAV.. FIRE. ETC. 7 51 Planning & Inspection Department 1997 Annual Repo~ PLANNING COMMISSION BOARD OF APPEALS Case Statistics Exhibit E CONDITIONAL USE PERMIT 5 I 1I 6 I SKETCH PLAN REVIEW 0 0 PLATS/PDA'S 1 1 SUBDIVISIONS, MINOR 4 1 5 ORDINANCE AMENDMENTS 1 1 , REZONING 1 1 i VACATIONS I 1 J MOVING BUILDING 0 0 WAIVER OF PLATTING 0 0 VARIANCE EXTENSIONS 0 1 1 !VARIANCES 34 I 3 1 39 ~TOTAL 47 3 3 2 55 CONDITIONAL USE PERMIT 5 5 ISKETCH PLAN REVIEW 1 (N/A) 1 PLATS/PDA'S 1 1 2 SUBDIVISIONS, MINOR 8 1 9 I ORDINANCE AMENDMENTS 1 1 iREZONING 1 1 Ii VACATIONS 2 1 3 ,!MOVING BUILDING 0 ,I:WA VER OF PLATTING 3 3 IVARIANCE EXTENSIONS 1 1 VARIANCES 39 3 4 46 jTOTAL 62 5 I 1 i 4 t 72 ICONDITIONAL USE PERMIT 7 7 I PLATS/PDA'S ~ 0 iSUBDIVISIONS, MINOR 2 2 i ORDINANCE AMENDMENTS ~ 0 'VACATIONS 0 MOVING BUILDING 0 i VARIANCES 38 3 1 42 iTOTAL 47 3 I 0 51 11 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 February9,1998 EMERGENCY 911 Mr. Ed Shukle, City Manager City of Mound Mound, MN 55364 Dear Mr. Shukle: Contained within the following pages is the annual report for the police department. The report addresses the budget, personnel, training, equipment, community education, statistics, and emergency preparedness. The year has seen some personnel changes in the department. Darrell Hugget left in April to become a deputy with the Hennepin County Sheriffs Department; "Rambo" was retired to the Huggetts' earlier in the year over some health concerns. Secretary Wendy Lewin was hired by the Minnetonka Police and also left in April. Officer Bob Donahue was hired in July as well as Sandi Effertz to fill the vacancies. CSO Pat Clark also left in 1997 and was replaced by Ryan Piper. Officer Michelle Alexander completed her probation in 1997 and has been doing a good job in learning her duties. The department continues to emphasize dedication to the community through the highest standards of service and through quality training for its employees. We continue to present the D.A.R.E. Program in the elementary schools and Grandview Middle School; with excellent community support. Other community partnerships include our very successful Citizens Academy, Youth Citizens Academy, and Triad. In 1996, officers began a door-to-door inquiry to solicit input regarding needs in our neighborhoods; that initiative continued and was completed in 1997. The department continues the "Citizen Comment Card" feedback survey. The cards are randomly sent to our service "customers". Part I and Part II offenses accounted for 1,168 calls for service, down 1.8% from 1996. Total contacts were up by 18% and reached an all time high for officer contacts. The police budget for 1997 was 5.8% under budget projections; saving $54,000. This was due to the change in personnel and decreased insurance costs. Sincerely, Len Harrell Chief of Police VIII. TABLE OF CONTENTS I. Introduction II. Budget Administration III.Organizational Chart IV. Personnel V. Training VI. Equipment Community Education Statistics IX. Emergency Preparedness X. Southwest Metro Drag Task Force PAGE 2 3 4 10 12 13 16 25 26 I. INTRODUCTION The mission of the Mound Police Department is to provide protection and service to the people of Mound. Many of the activities of the police department are described and summarized in this report for 1997. MOUND POLICE MISSION STATEMENT: The Mound Police Department, through teamwork and cooperation, will be responsive to our citizens' needs with a professional level of dedicated service. Officers will display the highest integrity, and regard each citizen with a focused and unbiased attitude. Our citizens will determine our success. Much of how a police department is evaluated is based on statistics, as found in this report. Information for these statistics comes from internal record-keeping and also from participation in the Minnesota Criminal Justice System (CJIS). In analyzing the crime statistics, several factors need to be considered: 2. 3. 4. 5. Population density Proximity to metropolitan area Population composition Population stability Number, sophistication, and development of police personnel The only area the police department has control in is the fifhh category. The police department is consistently looking at ways to better utilize and train personnel to provide better service. This report is provided to highlight the most important area of police department activity and to be used as a gauge for evaluating service. The report includes some comparisons to past years and provides a tool for planning and activities in the years to come. II. BUDGET ADMINISTRATION The 1997 police budget will close out significantly under budget projections; 5.8%. The largest amount of the savings is in the area of officer salaries and insurance. The final expenditures for the police department will amount to approximately $870,000.00. The percentage of expenditures breaks out as follows: Personnel $750,198.00 86.2 Insurance 25,800.00 3.0 Training/Travel 9,908.00 1.1 (includes P.O.S.T.) Fuel / Repairs 24,238.00 2.8 All Other 59,856.00 6.9 TOTAL 870,000.00 100.00 Fund 30 (vehicles, radar, computer upgrades, network badges) $78,115.00 Our personnel costs were down significantly because of the changes and the "lag" in hiring replacemems. Salaries were down $30,000 because of the changes and offset slightly by overtime being over by $2,800. 1997 was the last year of the COPS FAST grant money and we have COPS MORE money into 1998 for the secretarial position. The department continues to mn efficiently from a cost per capita comparison with other communities. Training costs were done because of less officers submitting for college reimbursement. The capital outlay expenses were again paid through Fund 30. The police department generated revenues of $116,236.00 from court f'mes and violations. Animal licenses and pick-ups accounted for $2,582.00 of revenue. Accident reports generated $1,968.00. Minnesota Police Pension and P.O.S.T. Board reimbursements totaled $60,736.00 and $4,134.00 respectively. The COPSFAST and COPSMORE programs reimbursed the department $50,443.00 for the two added positions. We also received $10,531.00 from the school's crime levy for the D.A.R.E. Program. The SWMDTF reimburses $52,274.00 for the services of Sergeant Grand. Revenues totaled $298,904.00 for 1997. 2 IV. EF, II3_O_B!I:~ Sworn Personnel: Chief of Police Sergeants Investigators D.A.R.E. Officer Patrol Officers Total Sworn Personnel 1.0 3.0 2.0 .5 6.5 13.0 Non-Sworn Personnel: Police Secretary 2.0 part-time Personnel: CSO 2.0 ( 1.3 FTE )* Total Police Personnel 17.0_ ( 16.3 FTE )* *FTE = Full Time Equivalent 4 MOUND POLICE DEPARTMENT PERSONNEL ROSTER 1997 Chief of Police Leonard Harrell John McKinley Todd Truax Steve Grand (Assigned to SWMDTF) Investigator / Liaison Jason Swensen Troy Denneson John Ewald Dan'ell Hugger & Canine "Rambo" ( Resigned 4-97) Amy Christenson Dan Niccum Sam Nelson Allen Ringate Michelle Alexander Bobby Donahue (7-97) Shirley Hawks Wendy Lewin (Resigned 4-97) Sandi Effertz (7-97) Community. Service Officers Patrick Clark (Resigned 97) James Packard Dan Monsmd (5-97 to 8-97) Ryan Piper (8-97) Police Reserves Jesse Husby Tom Berent Sue Schebler Rick Maki Jeffi'ey Van Auken Chuck Fradella In 1997, the police department was granted an additional year for the secretary position through the COPS MORE grant. This position is to help with administrative duties and to free up officers from routine paper work. Officers Donahue was hired in 1997 to replace Officer Huggett. It was determined that the county would be adding additional canines to the are and our program was discontinued. Community Service Officer (C.S.O.) Ryan Piper was hired to fill the position vacated by Clark. The department continued with regular evaluations of the police employees. In general, the officers have been doing a fmc job in serving the community. Officers Ringate and Swensen tied for "Officer of the Year" honors. There were two internal investigations initiated in 1997 and both were sustained against the officer; suspensions were issued for poor performance. One case has been grieved and is awaiting arbitration. Citizen Comment Cards In February of 1992, the department initiated a feedback system to solicit input from our citizens on how the police department is serving the community. The cards are randomly sent to citizens who have had a" call for service" contact. The rating system is on a four point basis; poor = 0 and excellent = 4. The department average for our overall service is rated at 3.71 based on over 160 responses. The rate of return is about 22%. The Mound Crime Prevention Association continues to pay for the mailings. Psychological re-evaluations were again given to two officers in 1997. The process, psychological testing for each officer every five years, continues. The department has maintained its involvement in the Southwest Metro Drug Task Force during 1997. Sergeant Grand has served as the coordinator for the Task Force for the last two years and will continue in that capacity for approximately three years. Sergeant Grand has been doing an excellent job. The communities involved in the task force are Chanhassen, Carver County, South Lake Minnetonka, St. Boni/Minnetrista, Scott County, Shakopee, Chaska, and McLeod County. See section X for the annual report of the Southwest Metro Drug Task Force. The Mound Police Reserves continue to do an excellent job for the community and the department. Sgt. Truax has served as the liaison for the reserves. The unit strength has been fairly stable with six to eight volunteers. The Mound Police Reserves combined to donate a total of 1,400 hours. .g'KO Child Protection cases accounted for 43 investigations in 1997. There were 10 criminal sexual contact cases reported. We experienced our first homicide ~ almost twenty years in June. Combined Part I and Part II contacts were up. Part I offenses were up slightly and Part II offenses were up 7.5%. The homicide in June was the case of most significance for the department in 1997. Investigators and police personnel dedicated a vast amount of time and effort to resolving the incident that resulted in an indictment for First Degree Murder against a 16 year old male. Investigators worked on several cases of significance during the year. A cases involving the shotgun robbery of a individual by a juvenile and an adult male resulted in two arrests, the recovery of the shotgun and the stolen money, and felony charges against the two assailants. Two major child protection issues involved an interfamilial sexual assault of two young sisters and the physical assault of an infant child; both cases resulted in adult convictions for felony assaults. A juvenile male and an adult male simulate a "drive by" shooting utilizing a CO2 paintball gun and injured another juvenile male; the suspects were charged with felonies for their actions. Investigators continued to provide information to the FBI regarding the Norwest Bank robbery; but have been frustrated by the lack of cooperation. Our concerns have been brought to the attention of the new agent in charge. Inv. Swensen has been involved in liaisoning at the high school and Grandview Middle School. He also undertook the development of a "Juvenile Conferencing" program to work with first time offenders. The program is a diversion from the court system and has had excellent results in some other communities in limiting the rate of recidivism for youthful offenders. Inv. Denneson continued to monitor the federal case involving the dumping of gasoline into the sewer system in May of 1996. A plea bargain was entered into by the suspect and sentencing was expected in early 1998. It is expected that a portion of the publicly paid cleanup costs will be assessed as f'mes and reimbursed to the city and state. There were 102 (up 16%) formal complaints signed in 1997 charging individuals with a variety of crimes. Some of the most severe cases involved first degree murder, criminal sexual conduct, assault, child neglect, narcotics possession and sales, forgery, felony theft, malicious punishment of a child, terroristic threats, fleeing a police officer, stalking, possession of stolen property, and procuring alcohol for minors. 7 Other complaints include DWI, no insurance, disorderly conduct, possession of marijuana and paraphernalia, minor consumption, harassing communications, assorted driving violations, worthless checks, violation of orders for protection, dumping, hit and mn accidents, cruelty to animals, barking dog, loud parties, discharging a weapon, and criminal damage to property; to name a few. Officers and staffused a total of 531 days of benefit time during 1997. The time off included approximately 183 vacation days, 150 holidays, 119 comp days, and 79 sick days. Officers earned 566 hours of comp time and 778 hours of overtime during the year. 8 MOUND POLICE RESERVES ANNUAL REPORT The Mound Police Reserves donated 1,400 hours to the City of Mound in 1997. The unit continues to operate with 6 to 8 members. The police reserves assisted in providing the following security services and/or police back-up at: Emergency call outs Kevin Sorbo Event Winterfest D. A. R. E. assists Reserve squad - house checks High school dances Hockey and football games Mound City Days ECFE Public Safety Days Rotary Dinner for 100 Officer Friendly assists Westonka Homecoming parade Westonka senior overnight party Child finger priming/Public Safety Days Halloween and "Kiddie" parades Christmas Tree lighting Our Lady of the Lake Marathon Memorial Day Parade Mound Westonka High School Graduation Fish Fry Traffic Direction (emergencies) Transports Recycling Drop Off Crime Prevention Incredible Festival The Mound Police Reserves received mining in fn'st-aid and CPR, defensive tactics, and new officers attended the Hennepin County Reserve Officers courses. The reserves continue to raise their own funds and are predominantly self-sufficient. The Emergency Preparedness budget also contributes funds to the maintenance of training and equipment for the police reserves. The police reserve account has about $4,700 in balance. Again, in 1996, the severance fund encumbrance is relatively low due to the change made in the disbursement of those funds. The reserve officers now receive a check in December to cover any expenses which they incur during the year. 9 The police department attempts to provide training on a continual basis to maintain its effectiveness and efficiency. Modern law enforcement is an ever-changing environment that requires the development of special skills and necessitates officers keep abreast of recent changes in job relevant statutes and procedures. High standards of excellence are accomplished by the police department when extensive training can be offered to both officers and staff. Police personnel attended the equivalent of 198 days of training in 1997 in addition to our in-house firearms training. Chief Harrell was an invited presenter at the 104th International Chiefs of Police Conference in Orlando, Florida on the topic of Community Policing Initiatives for Youth & Seniors. Courses Attended Firearms Training / F.A.T.S. Use of Force Emergency Medical Technician ASP Baton Chemical Agents IACP National Conference Intoxilyzer Refresher Pursuit Driving Spring Chief's Conference Defensive Tactics - PPCT Crime Prevention Through Design Criminal Information System Emergency Preparedness Minnesota Sex Investigators Conference Sexual Harassment Community Orientated Policing Legislative Update Cultural Sensitivity Governor's Conference for Emergency Preparedness Drag Interdiction through Traffic Standardized Filed Sobriety Standard Investigations Community Oriented Policing/Problem Solving Ethics Train the Trainer Intoxilyzer Certification 10 Courses Attended -cont, Covey Leadership CAN-AM Drag Conference Undercover Officer Survival Arial Observation/Marijuana Grows Interview/Interrogation Constitutional Law Crisis Management Blood-borne pathogens Bicycle Patrol for Police Background Investigations OSHA Scale/Weight Enforcement Drags, Guns, & Gangs in Schools Police Accountability Conferencing Juvenile Crime and Violence National DARE Officer Conference Juvenile Officers Institute Advanced Field Sobriety SPIAA Conference Computer Crimes Commercial Vehicle Accident Investigation Drag Interdiction Through Traffic Enforcement Law Enforcement Officers Killed/Assaulted Trauma of Officer Involved Death 11 $$,5" Three new vehicles were purchased in 1997. The department purchased two new squads and a new CSO van. The squads were purchased through the county bid process and are Chevrolet Lumina police package vehicles. We have a total of two Tams, six Luminas, and the CSO Chevrolet van in normal service. In 1995, we converted a forfeited Buick Electra for utilization as a D.A.R.E. vehicle with the support of the Rotary Club of Mound/Westonka and the Mound Crime Prevention Assn. The vehicle is being used by our D.A.R.E. officer and has made a great impression on the kids. A new radar was purchased to replace an older model that was no longer functioning properly. The department also upgraded our computer capabilities in 1997. In addition, new badges were purchased with "Police Officer" instead of the dated label of "Patrolman". A new recording device was added to the conference room for the purpose of recording interviews as mandated by law. 12 COMMUNITY EDUCATION / SERVICE The department has stayed involved with the community in a variety of activities in 1997. The following is a brief description of the activities. Crime Prevention Officer Christenson did an excellent job of organizing the National Night Out celebration. This year we again focused our celebration around our neighborhood parks and planned on providing ice cream and crime prevention materials to those in attendance. Unfortunately, severe rain put a damper on this years celebration! The Mound Crime Prevention Association funded the event. Officer Christenson has been conducting neighborhood meetings and developing block watches. Presentations and security evaluations have been done for local banks and businesses. Citizens Academy The police department conducted the first citizens academy in the fall of 1995. Individuals attended classes two hours a night for ten weeks in order to learn, fn'st hand, the operations of the Mound Police Department. The attendee reviews continue to be excellent and two academies were held in 1997. One was presented at Grandview Middle School as a Youth Academy and one for adults. Youth Citizens Academy The department instituted a program at the middle school to provide an abbreviated on-site academy after school for the students. The academy deals with issues of citizenship and areas of policing that affect youth the most. Triad Initiative to organize senior citizens and to meet on a regular basis to discuss issues of interest and concern. Officer Ewald has organized a SALT group and is meeting with them on a monthly basis in order to meet the concerns of our seniors. Juvenile Conferencinp A diversionary program for fa'st time minor offenders was initiated in 1997. To date, five juveniles had gone through the process without any occurrence of re-offending. 13 Liaison with Schools Our DARE officer has been spending additional time with students and making himself available at the middle school to assist teachers and administrators. Our juvenile investigator has been assigned to the high school on Tuesday and Thursday mornings to assist with issues involving our youth. The police reserves and CSO's provide a service of checking periodically on out-of-town resident's homes when notification has been provided to the police department. Westonka Intervention Pro_mm The local intervention project folded in 1997 and we are now working with Sojourners to provide assistance to families that are victims of domestic abuse. Kevin Sorbo Park Dedication The department was involved in one of the largest security evems in our history providing for the Sorbo Event. Department Tours The police department has conducted a number of tours of our facility for Cub Scouts, Brownies, and on special requests by schools, etc. Demonstrations / Presentations The police department has been involved in a number of public presentations ranging from canine demonstrations to talks about safety with day-care students. The police department has talked to groups concerning drugs, gun safety, vehicle safety, DWI, and personal safety. Mound City. Days The department was very involved in this year's celebrations. Security was provided for the parade and the weekend activities. The departmem provides a service of fingerprinting individuals as may be requested. This includes both children and adults. 14 D.A.R.E Pro~arn Drug Awareness Resistance Education has been implemented at Shirley Hills Elementary School, Orandview Middle School, and Our Lady of the Lake school. The 17 week program is taught to all 5th grade students and we have expanded into the 1st and 3rd grades with a 5 week program. Westonka Community. Action Network The department has been actively involved in assisting the task force in defining area problems and developing a network for assisting needy individuals. The department has been designated as a resource for emergency "vouchers" for the County. I still serve on the Board. Homecoming Parade The department assisted the high school with setting up a parade route and then provided security for the parade. Halloween Paracle Provided security for children during the parade. Elementary school presentations for child safety. Public Safety Days The police department cosponsored a public safety open house with Early Childhood & Family Education. Children were fingerprinted, observed safety presentations, and were able to view police, fire, and medical equipment. Advisory. Councils Members of the department are involved in several different advisory councils that meet periodically. They include the Guidance Advisory Council, Mound Business & Professional Council, and Co-curricular Advisory to name a few. Winterfest Celebration Officers and Police Reserves assist in the annual winter celebration. 15 VIII. STATISTICS This section of the report analyzes the statistical portion of the annual report. Most of the statistics comes from tabulating the information from Initial Call Reports ( ICR'S ), informational reports, and traffic citations. The total number of ICR's in a year is useful for comparing the level of activity of the department relative to previous years. It also allows for comparison between personnel changes and activity levels. Some reporting changes were made in 1986 to alleviate statistical duplication that was found in the previous system. TOTAL INCIDENTS PER YEAR 1987 THROUGH 1997 INCIDENTS / MONTH 1987 13,445 1,120 1988 15,582 1,298 1989 14,559 1,213 1990 13,680 1,140 1991 13,207 1,101 1992 13,578 1,130 1993 16,897 1,408 1994 16,239 1,353 1995 14,515 1,210 1996 16,680 1,390 1997 17,635 1,470 1996 reflected an increase in total contacts of 18%. The serious incidents of crime reported to the police department are categorized into Part I and Part II Offenses. Part I Offenses: Part I Offenses include major crimes such as homicide, criminal sexual conduct, robbery, assault, burglary, larceny, vehicle theft, and arson. Although Part I Offenses are a small percentage of reported crimes, it is these crimes that demand the most attention from the police depaxhnent in terms of investigation and commitment of resources. 16 Part II Offenses: Part II Offenses include the crimes of forgery, child abuse / neglect, vandalism, stolen property, sexual misconduct, weapons violations, narcotics violations, liquor violations, DWI, simple assault, domestic assault, embezzlement, harassment, public peace, juvenile status offenses, and other violations. Part I crimes dropped by two contacts in 1997. 1997 was again below (8%) our five year average for Part I crimes which are the most significant violent crimes. Part II crimes were up significantly and higher than any of the previous five years. Criminal sexual conduct cases, robberies, aggravated assaults, and burglaries were down, but larcenies were up 8%. The clearance rate for combined Part I and Part II Offenses was 59%. Child protection issues declined by 10 cases. Our combined clearance rates remained constant Part I and Part II Offenses are the incidents that necessitate the most time and effort from the police department. Initial call time is greater in gathering pertinent information at the scene and the greatest amount of investigation and follow-up is dedicated to these types of crimes. Traffic Offenses: Traffic Offenses include both moving and non-moving violations. An examination of the number and percentage of traffic stops, as part of the total number of incidents, allows one to determine the degree to which vehicular traffic and pedestrian movement affects the department's work load. It should also be noted that the more visible that patrols are maintained, the more likely is the positive impact in deterring serious crimes. In 1997, traffic citations accounted for 2,574 police contacts, down slightly from 1996. Property damage and personal injury accidents were up 12%. There were 93 DWI arrests up 8% and of those, approximately 18% were repeat offenders for gross misdemeanor or aggravated violations. 17 Homicide: Mound experienced its first homicide in almost two decades in 1997. A juvenile has been indicted for First Degree Murder. Property: Property loses were valued at $158,347.00 in 1997, down 18%. A recovery of 43.7% of loss was realized in 1997. Child Protection: The department investigated 43 child protection issues and 10 criminal sexual conduct cases for the year. These cases continue to be the single most time-consuming cases we handle. Domestic Dispute Cases: The department responded to 107 domestic situations; 66 with assaults. The number of actual domestics and domestic assaults has remained fairly constant over the last few years. Arrests: The department processed and booked 279 adults in 1997. There were 42 adults charged for felonies, 359 adults charged with misdemeanors, 61 juveniles taken into custody for felonies, and 178 juveniles taken into custody for misdemeanors. Animal Complaints: The department responded to 1,052 animal and inspections complaint issues during 1997. This is up from the 1996 total. 18 MOUND POLICE DEPARTMENT 1997 YEARLY REPORT OFFENSES CLEARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARED ARREST ADULT JUV PART Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson TOTAL 1 0 0 1 0 1 10 2 2 3 4 1 4 0 0 4 1 5 7 0 2 2 2 1 34 0 3 7 0 16 220 8 8 40 25 35 22 1 0 6 5 2 7 0 1 5 5 0 ~ART II C_~ Child ~tbuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (NO Assault) Harassment Juvenile Status Offenses Public Peace Trespassing Ail Other Offenses 3O5 11 16 68 42 61 26 18 1 8 11 0 15 1 7 4 5 0 94 ] 12 8 7 1 14 0 6 4 2 2 44 0 1 43 35 1i 115 0 0 124 119 20 93 0 0 92 90 2 50 1 17 14 10 4 41 1 5 27 23 5 66 0 0 0 0 0 44 0 13 2 2 0 117 2 10 87 0 125 19 1 1 12 10 4 5 0 2 2 2 0 ]00 4 5 46 43 4 TOTAL BART II--& PAR~T__ly_ Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 843 88 37 0 317 701 206 9,597 10,946 29 80 473 359 178 HCCP Inspections 43 351 TOTAL 12,488 40 96 541 401 239 MOUND POLICE DEPltRTMENT POLICE/CR/lqE ACTIVITY REPORT Hazardous Citation 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 1992 1993 1994 1995 1996 1997 710 702 672 833 1,053 988 323 702 535 655 680 839 138 171 194 216 330 260 421 307 379 740 832 768 1,143 1,263 734 727 1,106 988 569 346 341 346 739 636 63 73 87 52 86 93 44 58 75 50 67 75 86 78 103 98 75 88 22 25 39 32 35 37 1 0 0 0 1 0 62 61 33 26 36 57 426 328 425 377 457 438 56 45 89 49 75 61 91 86 1t7 173 203 193 Part I Offenses Reported 354 338 385 283 307 305 Cleared 131 122 120 91 94 95 Arrests Made 96 92 114 65 94 103 Part II Offenses Reported Cleared Arrests Made Medicals Animal Complaints Ordinance Violations Other Public Contacts 694 732 782 841 784 843 438 441 473 515 502 582 331 441 324 451 458 537 325 300 399 342 350 317 1,105 896 1,518 1,007 669 701 - - 501 539 351 6,503 6,983 9,564 9,340 7,516 9,597 Total 13,084 13,420 16,846 16,239 14,515 17,635 Assists 631 896 538 543 877 727 Follow-ups 164 299 328 462 377 696 Mutual Aid 123 148 177 177 193 206 MOUND POLICE DEPARTMENT YEARLY REPORT . 1997 CITATIQ~ 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 91 2 74 1 6 7 72 1 701 26 27 4 8 1 361 1 12 0 77 4 !2 0 69 5 4 0 153 5 1 0 8 2 636 0 23 3 5O 0 4 0 39 5 11 0 98 10 2,550 78 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor MOUND POLICE DEPARTMENT YEARLY REPORT1997 463 240 249 2 16 74 0 0 3 122 1,169 15 79 46 25 36 0 0 0 0 0 1 9 117 0 15 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT 1997 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult.Misdemeeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts YEAR TO DATE 988 839 260 768 988 636 93 75 88 37 0 57 438 61 193 305 843 317 701 351 9,597 LAST YEAR TO DATE 1,053 680 330 832 1,106 739 86 67 75 35 1 36 457 75 203 307 784 350 669 539 7,516 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 17,635 727 696 43 206 107 14,515 877 377 45 193 98 Run: 30~Jan-98 10:08 PRO03 MOUND POLICE DEPARTMENT Page Primar]/ ISN's only: No Date Reported range: 01/01/97 - 12/31/97 Activity codes: All Property Status: All Property Types: All Property Descs: All Brands: All Models: All Officers/Badges: All Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Date Recov'd Quantity Act Brand Model Off-1 Off~2 7'p Desc SN Stat Stolen Value Recov'd Value Code Assnd Assnd Prop type Totals: 50 0 1.000 Prop ty~pe Totals: 58 0 5.000 Prop type Totals: 42,101 42,100 8.000 Prop type Totals: 3.736 600 23.000 Prop type Totals: 1,199 0 3.000 Prop type Totals: 2,462 240 16.000 Prop type Totals: 773 62 16.000 Prop type Totals: 1,748 260 4.000 Prop type Totals: 200 0 1.000 Prop ty~pe Totals: 17.!00 14,100 5.000 Prop type Totals: i4,874 500 12.000 Prop type Totals: 1.010 0 6.000 Prop type Totals: 5~154 251 21.000 Prop type Totals: 929 173 12.000 Prop type Totals: 15,037 3,129 195.000 Prop type Totals: 13,927 1,025 20.000 Prop type Totals: 9,020 2.549 43.000 Prop type Totals: 6,620 120 3.000 Prop type Totals: 667 100 5.000 Prop type Totals: 3,790 0 8.000 Prop type Totals: 7,388 0 15.000 Prop type Totals: 10,504 4,026 75.000 Run~ ]0-Jan-98 10:08 PRO03 Primary ~SN's only: No Date Reported range: 01/01/97 - 12/31/97 Activity codes: All Status: All Property Types: All Property Descs: All Brands~ All Models: All Officers/Badges: All MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Page Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Tp Desc SN Stat Stolen Value Date Recovld Recov'd Value Quantity Act Brand Model Off-1 Off-2 Code Assnd Assnd Report Totals: 158,347 69,235 497.000 X. SOUTHWEST METRO DRUG TASK FORCE Attached is the annual report of the drug task force in which we are a member. We believe the task force is doing an excellent job and deserves our continued support, the major drugs of use in our area continues to be marijuana, cocaine, methamphetamines, and LSD. 26 SOUTHWEST METRO DRUG TASK FORCE ANNUAL REPORT 1998 105 Cases were completed by task force in 1997 (record number of cases). 118 Defendants were involved. 74 Search warrants were issued. Number of cases by County Scott 28 Carver 45 Hennepin 17 Mcleod 13 Lesuer 1 Dakota 1 Types of cases completed Possession 56 Sale 27 Manufacture 7 Cultivation 8 Other 7 Controlled substances involved in cases Marijuana 75 Meth 21 Cocaine 13 Mushrooms 2 Heroin 1 Prescriptions 1 1997 Forfeitures Forfeitures which cleared court in 1997 Percentages deposited for pay out. Total task force proceeds $10,561.40 $ 3~691.30 $ 6,874.10 1997 Seizures # Value Vehicles I $ 3000.00 Currency 8 $10,872.00 Weapons 10 $ 1,500.00 Total $15,372.00 Notes: Put into task force use as new trash truck / 1987 Ford P/U. Most pending in Court. Pending Cities where controlled substances were seized. Chaska 24 Chanhassen 5 Shakopee 7 Excelsior 1 Shorewood 2 Mound 6 Minnetrista 1 St. Bonifacius 3 Maple Plain 2 Hutchinson 3 New Prague 2 Glenco 3 Brownton 3 Helena Township 3 Waconia 2 Watertown 5 Hamburg 1 Stewart 2 Jordan 6 Carver 1 Dahlgren Twsp 1 Spring Park 1 Prior Lake 6 Jackson Twsp 3 Winsted 1 Independence 1 Mayer 1 Norwood / Y.A. 4 Orono 1 Eagan 1 Victoria 1 Belle Plain 1 Laketown Twsp 1 McLeod County 1 1997 Annual Budget Actual Expenditures Difference 264,349.00 255,557.71 8,791.49 IX. EMERGENCY PREPAREDNESS ( CIVIL DEFENSE ) The Emergency Preparedness budget came in 24% below budget this year. There were no major, unexpected expenses this year. The low requests from our Police Reserves accounted for the savings. Again, this year, hazardous materials continue to be a major concern for Emergency Preparedness. The city receives approximately $4,000 from FEMA (Federal Emergency Management Association) in the form of a grant. We spent $3,106.86 for emergency preparedness in addition to salaries that are accounted for in the police budget. Most of the money allocated to Emergency Preparedness is used by, and for, the reserve unit. The reserve unit uses a portion of the money for training and uniforms. The reserves are also reimbursed for their expenses from this fund. The Lake Minnetonka area emergency manager are continuing to meet regularly to develop a regional plan for the agencies involved. In an emergency we all depend on each other for assistance and we are committed to working closer together and unifying our plans for addressing major incidents. A new manual is being collectively written and will be brought forward in 1998 for approval. 25 CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MOUND LIQUOR 1997 ANNUAL REPORT Last year was not a spectacular one as far as growth in sales was concerned. We saw a minimal increase of less than one percent. During the course of 1997 1 kept you informed of this via my monthly repons. This leveling out pattern and or decrease in annual sales could be seen through out the entire retail industry. Other managers I know who are in the business have indicated to me a drop in sales from two to five percent. Based on my personal sampling of these individuals, I guess you could say we had a successful year. However, based on previous years performances, I still was hoping to do better. Maybe for the time being the Liquor industry is plateauing. Maybe, particularly here in our tiny confines, we have actually, for real and for the first time, reached the saturation point. I say this realistically because when I look at last years customer base and compare it to that of 1996, we are dead even. And it was not for lack of promotions, service, convenience or pricing. I say this in all honesty. It was for lack of size. With limited resources only so much can be accomplished. I was recently paid the highest compliment by another manager in my field who said to me, "you have no business doing that kind of volume out of that small of store". I would like to share with you some other interesting trends that I noticed last year. Again, I gleaned information from those that are in my field that I cited earlier, and discovered that we indeed are not alone. Our sales of Liquor were down by $8,000. Our sales of beer was down by nearly $5,000. Our sales of wine were up by almost $15,000. Our sales of cigars were up by $6,000. This is not just a local phenomena but a national one from what I gather reading the trade magazines. There are three reason for this change in our societal drinking habits. Number one is age. Those people who are in their seventies or older are, quite frankly, dying off. A beer and a shot characterize this generation. That's how printed on recycled paper they grew up and that's just fine with them. It's sad but times change and there are fewer and fewer off this group of people. Number two is price. People say to me, "I remember when you could buy three cases of beer for ten bucks and a quart of Windsor for five." Now three cases of the identical beer is at least twenty five dollars and the quart of Windsor is ten. Larger sized packages of wine offer what the customer perceives as a better value for the dollar. An example of this is the tremendous surge in the sale of wine that is commonly referred to as "box wine". Five liters for less than nine dollars can be broken down to pennies per ounce. Number three is health. Several years ago it broke on national television (60 Minutes), that having a glass of wine, especially red wine, could help, (according to some prominent doctors who studied the eating and drinking habits of the French people) with the prevention of heart disease! Ever since that broadcast more and more people are switching to wine. There is one last significant item that needs to be addressed. You will notice on the attached financial statement provided by Gino, that our "cost of goods" for last year were some what disproportionately high when you compare them to the small increase in sales. Our "cost of goods" were up by $17,771 while sales were up by only $9,481. What this basically means is that our gross profit margin went from 24.8% in 1996 to 24.11% in 1997. Thus shrinking our profits. There is a simple explanation for this. Liquor and wine costs are constantly going up. Rarely do I see them come down. Quite frequently last year when price increases occurred I did not pass along the difference to the customer. Why? As you all are aware the first six months of last year were pretty tense around here because of the attempt by G-Will-Liquors to open up a store three quarters of a mile from us. With the knowledge of that event likely happening and armed with some time to plan my counter attack, I purposely kept prices in check and actually lowered some prices on some key strategic items. Thankfully the problem went away. For now. Instead of raising all those products I kept them the same. Why? Because I think it is crucial for us to "position" ourselves now in the event that another raider were to come into the picture down the road. It is better I feel to sacrifice a little bit in profits now than to lose it all in the near future. Attached you will find a financial statement and a comparative balance sheet provided by Gino Businaro. As I caution you every year, this is unaudited. But from my past experiences with these preliminary figures I have found them to be extremely accurate. FINANCIAL STATEMENT MUNICIPAL LIQUOR STORE, CITY OF MOUND, MN. The City of Mound hereby submits a statement of the financial affairs of the Municipal Liquor Store for the year ended Dec. 31, 1997, showing a balance sheet and a statement of operations as prescribed by the Office of the State Auditor in accordance with Minnesota Statute 471.6985. Respectfully submitted, Gino Businaro Finance Director CITY OF MOUND- MUNICIPAL LIQUOR STORE - UNAUDITED BALANCE SHEET December 31, 1997 ASSETS Current Assets: Cash and Investments Inventory at Cost Other Fixed Assets: Furniture and Fixtures Less: Accumulated Depr. TOTAL ASSETS $288,168 116,095 0 56,846 (48,325) LIABILITIES AND FUND EQUITY Liabilities: Accounts Payable Fund Equity: Retained Earnings TOTAL LIABILITIES AND FUND EQUITY $41,745 371.039 SUMMARY ANALYSIS OF MOUND MUNICIPAL LIQUOR OPERATIONS For the Year Ended December 31, 1997 TOTAL SALES Less: Cost of Goods Sold Gross Profit Gross Profit as a Percent of Sales Operating Expenses Operating Income Nonoperating Revenues NET INCOME BEFORE TRANSFERS $1,533,378 .1,163,745 369,633 24.11% 212,412 157,221 13,365 $170=586 ADDITIONAL INFORMATION Transfers from Liquor Store Profits to City Funds: Sealcoat Fund General Fund Capital Improvement Fund TOTAL TRANSFERS $66,000 9,500 ~75~500 CITY OF MOUND, MINNESOTA LIQUOR FUND COMPARATIVE BALANCE SHEET DECEMBER 31, 1997 AND 1996 Exhibit E-4 .1997 1996 ASSETS CURRENT ASSETS Cash and temporary investments Change funds Accounts receivable Inventories, at cost Prepaid items TOTAL CURRENT ASSETS FIXED ASSETS, AT COST LESS ACCUMULATED DEPRECIATION NET FIXED ASSETS TOTAL ASSETS $287,243 925 0 116,095 O404,263 56,846 (48,325) 8,521 $232,895 925 0 120,917 2,417 357,154 62,311 (52,151) 10,160 $367.314 LIABILITIES AND RETAINED EARNINGS CURRENT LIABILITIES Accounts payable Accrued salaries and compensated absences payable TOTAL CURRENT LIABILITIES RETAINED EARNINGS Unreserved Undesignated TOTAL LIABILITIES AND RETAINED EARNINGS $15,801 25,944 41,745 371,039 $64,950 26,411 91,361 275,953 $367;314 CITY OF MOUND, MINNESOTA LIQUOR FUND {~//PARATIVE STATEMENT OF REVENUE, EXPENSES AND CHANGES IN RETAINED EARNINGS YEARS ENDED DECEMBER 31, 1997 AND 1996 _Exhibit E-5 OPERATING REVENUE Sales Cost of goods sold GROSS PROFIT OPERATING EXPENSES Personal services Supplies Professional services Communications Insurance Utilities Repairs and maintenance Rent Other contractual services Depreciation Other TOTAL OPERATING EXPENSES OPERATING INCOME NONOPERATING REVENUE Interest on investment INCOME BEFORE TRANSFERS OPERATING TRANSFERS TO OTHER FUNDS NET INCOME RETAINED EARNINGS, JANUARY 1 RETAINED EARNINGS, DECEMBER 31 1997 Amount $1,533,378 !,163,745 369,633 137,231 3,725 2,440 2,593 18,367 7,650 929 30,418 3,109 1,640 ..4,310 212,412 157,221 13,365 170,586 (75,500) 95,086 275,953 $371;039 Percent of Sales t00.00% 75.89 24.11 8.95 0.24 0.16 0.17 1.20 0.50 0.06 1.98 0.20 0.11 0.28 13.85 10.25 0.87 11.12 (4.92) 6.20% 1996 Amount $1,523,897 .1,145,974 377,923 Percem of Sales 100.00% 75.20 24.8.____q0 133,002 4,942 5,538 2,288 17,531 7,448 2,583 29,994 3,438 1,469 5,634 213,867 164,056 8.73 0.32 0.36 0.15 1.15 0.49 0.17 1.97 0.23 0.10 0.3__[7 10.76 13,495 177,551 (173,850) 3,701 272,252 0.89 11.65 (11.41) 0,24% February 19, 1998 MAYOR, CITY COUNCIL AND CITY MANAGER I have enclosed the 1997 Annual Report of the Finance Department. The purpose of the report is to point out the financial condition of the City of Mound to the City Council, which sets the policies that direct the future of the City. The financial recaps included in this report provide you with a preliminary summary of the City of Mound's financial position for 1997. The year 1997 was a productive one in the Finance Department. I would like to thank the staff of the department for their hard work during this challenging year. I look forward to a productive year in 1998. Respectfully, Gino Businaro Finance Director My first responsibility is the supervision of the Finance Staff. The current personnel in the Finance Department is as follows: NAME TITLE Deloris Schwalbe Gayle Burns Joyce Nelson Gino Businaro Assessing Clerk Accounting Clerk Utility Billing Clerk Finance Director The finance staff should be commended for cooperation they have demonstrated in 1997. STARTING DATE 07-28-75 12-21-77 05-31-77 11-23-92 the teamwork and JOYCE NELSON Joyce handles the water and sewer billing process. We have 3,307 residential accounts that are billed quarterly on a cyclical basis (the City is divided into three billing districts). In addition, there are approximately 125 commercial accounts that receive a bill every month. With this many customers to serve Joyce is kept quite busy. At the same time Joyce coordinates the various recycling programs. 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 materials collected for the year was 1,198.61 tons. Joyce also continues to assist Greg Skinner in public works with some of the paperwork and computer data entry as time allows. DELORIS SCHWALBR Deloris does the special assessment searches of properties as requested by realtors, title companies or residents when a house in Mound is purchased. Deloris receipts any prepayments of special assessments and she notifies the County of the prepayment. Any money collected is invested to pay off the special assessment bonds when they become due. Deloris also is the administrator of the Metro HRA Section 8 Rent Assistance Program for Mound, as well as for Minnetrista, St. Bonifacius and Spring Park. Currently, there are 36 families in our area receiving Section 8 assistance. The City receives reimbursements monthly on a per residence basis. Deloris' major responsibility is the processing of payments to city vendors (the accounts payable function). She codes and enters into the computer all the invoices and pays city vendors for purchases of goods or services. In 1997 3,004 checks were issued for a total of $5,940,417. 2 Deloris assists the utility billing clerk and the Building Department in their absence. GAYLE BURNS Gayle is responsible for all functions related to payments to city employees. She maintains and processes payroll every two weeks. All time sheets must be reviewed and entered into the computer, checks generated and reports printed. In 1997 over 1,500 payroll checks were issued to employees and over 300 checks were issued for other payroll related purposes for a total of over 1.85 million dollars. Some of these payments are made by phone with a direct debit to the city bank account. Gayle also works in the following areas: Data entry for the computerized financial system and monthly reports' distribution to departments Computer back up's and year end closing of Finance and payroll applications Miscellaneous receipts and receivables Employees benefit enrollment, changes to benefits and related requirements Miscellaneous billing and reports to other agencies Reports for the Liquor Store: monthly sales tax reports, NSF checks Preparation of monthly, quarterly, and yearly reports to various federal and state agencies Bank reconciliation Issuance of merchant and dog licenses and assistance at the main counter when needed. Depot Rental The Depot rental income over the last five years was as follows: 1993 1994 1995 1996 1997 $1,800 $2,100 $2,450 $1,825 $2,322 INVESTMENTS Cash management and investment of City funds are an important aspect of my job. The first objective in investing City funds is safety, legal constraints, and liquidity. Taking safety and liquidity into account, I look for the best market rate of return, normally within a 3-6 month range. I continue to follow a policy of investing only with broker/dealers in this state from the list approved by the City Council at their first meeting in January. The following is a breakdown of investments as of December 31 1997: , Commercial Paper Money Market TOTAL 3,608,500 893,483 $ 4 501 983 A comparison of interest earned for the City on all funds is as follows: 1993 335,667 1994 318,235 1995 249,700 1996 214,868 1997 219,401 Interest income in 1995-97 is down from 1993-94. This is due primarily to the decrease of cash balances available for investment and the interest fluctuation in the financial markets. Ail interest income is accumulated in the Investment Trust Account and distributed to the funds in proportion to the average balance during the year. For example, during 1997, the General Fund was allocated $53,411 in interest (24.3% of all interest earned) while the Capital Improvements Fund was allocated $22 812 in interest (10.4% of total interest). ' BUDGET Preparing the data for the annual budget document that is submitted to the Council is another important function of my job. During June, I estimate the revenues for the current year and also work on an estimate of the expenditures for the current year. I work closely with the City Manager in budgeting revenue amounts and salary projections for the following year. The Finance Department budget is my responsibility, along with the City Property, the Special Revenue Funds and the debt service requirements. Once the City Manager reviews the expenditure budgets with each of the department heads, the budget is compiled, analyzed and adjustments are made. The document is then prepared and presented to the Council for approval. The Water and Sewer Funds are examined during the budget process. The projected revenues and expenses are used to determine the adequacy of the rates. The Enterprise Funds (Liquor, Water, Sewer, and Recycling) are 4 presented to the Council along with the General Fund for Council approval. OUTSTANDING DEBT The total outstanding debt as of $1,215,000 in refunding bonds. outstanding debt: 12-31-97 is $2,920,000, with The following details the COMMERCE PLACE DEBT SERVICE BONDS This fund accounts for principal and interest payments on the 20 years' bonds sold in 1985. The bonds will be paid for from the tax increment from the Commerce Place Development. The increment from the development is sufficient to make the principal and interest payments. With the developers' letter of credit and the Mound Clinic and Thrifty White as corner stores, Commerce Place is meeting all of its financial obligations. The City made principal payments of $140,000 during 1997, and has an outstanding balance of $1,250,000 at December 31, 1997. In 1993 TIF Refunding Bonds in the amount of $795,000 were issued and are outstanding as of December 31, 1997. SPECIAL ASSESSMENT BONDS Special Assessment Funds are used to account for the construction and financing of certain public improvements such as streets, sidewalks, street lighting and storm sewers. Bonds are issued and are paid for in full or in part from the special assessments levied against benefitted properties. No new bonds were issued during 1997. The City made principal payments of $360,000 during 1997, and has an outstanding balance of special assessments bonds payable of $35,000 at December 31, 1997. WATER/SEWER REVENUE BONDS The principal and interest on water revenue bonds are paid out of the revenue generated from the water and sewer bills. The City made principal payments of $90,000 during 1997, and has an outstanding balance of $1,215,000 at December 31, 1997. In 1993 bonds were issued in the amount of $1,350,000 with 45% allocated to the Water Fund and 55% to the Sewer Fund. PUBLIC WORKS FACILITY DEBT SERVICE This fund accounts for the principal and interest on bonds issued in 1988. The principal revenue source is a property tax levy. The City made principal payments of $60,000 during 1997 and has an outstanding balance in building refunding bonds of $420,000 at December 31, 1997. The following shows the total outstanding debt for the City of Mound over the past 10 years: Year ~.0. Refunding 1988 10,060,000 1989 9,040,000 1990 7,680,000 1991 6,790,000 1992 5,835,000 1993 5,500,000 1994 4,845,000 1995 4,270,000 1996 3,570,000 1997 2,920,000 $ 1,335,000 1,335,000 1,335,000 1,275,000 1,215,000 Using the 1990 census population of 9,634, the total debt per capita decreased from $1,044 in 1987 to $303 in 1997. This decrease in total outstanding debt illustrates the fact that Mound is a mature suburb and has not had to issue debt to develop new streets and new water mains. SPECIAL ASSESSMENT LEVIES The general property tax levy is discussed every year during the budget process. The other significant item on the tax statement for Mound residents are the various special assessment levies. The following is the annual special assessments levied on Mound taxpayers during the past ten years and for 1998: 1988 740,700 1989 696,000 1990 633,593 1991 544,000 1992 513,000 1993 482,500 1994 413,177 1995 330,903 1996 213,644 1997 74,844 1998 81,972 The major street projects were completed in 1978-1980. The total assessments on the taxpayers increased dramatically once these projects were assessed. Since 1982, the annual assessments have consistently declined. The corresponding Special Assessment bonds payable has decreased from $8,450,000 in 1986 to $35,000 in 1998. AUDIT Preparing for the annual audit is another important responsibility of my job. I prepare all the statements, schedules and notes to the financial statements for the annual audit. Our audit costs are reduced since all the statements and notes are done in house. The 1996 audit report received the National GFOA award "Certificate of Achievement for Excellence in Financial Reporting". The certificate program judges an audit report on various criteria, including clarity, comparability and completeness. This is the ninth consecutive year the City of Mound has received this award. I plan on updating the audit report annually and submit future years' reports for this award. INSURANCE We have the majority of our insurance coverage with the League of Minnesota Cities Insurance Trust. They have provided the City with good coverage and the costs for insurance have stabilized in the last few years. Our agent of record is Carl Bennetsen of R.L. Youngdahl & Associates, Inc. I have the responsibility of coordinating the City's insurance activity. I file all claims that are made against our insurance policies for the City automobiles, property damage, general liability, and workers compensation. COMPUTER OPERATIONS It is my job to supervise the overall computer operation. We have an on-site mini-computer processor with software purchased from Computoservice, Inc. The following software programs are currently operating on our system: utility billing, financial, accounts payable, payroll, special assessments and water meter reading. The finance staff does an excellent job working on the computer operations. The finance department has available three personal computers. The use of the PC enables me to work efficiently with many spreadsheets for cash flow analysis, investment need projections, fixed assets inventory, budget projections and various other applications. At the same time both Gayle and Joyce have the opportunity to use the PC and maintain various files in the payroll area and the utility services area. City employees have a strong interest in learning to work with PCs, which help them to become more efficient with their tasks. FUND STRUCTURE The following is a description of the funds of the City of Mound: GENERAL FUND The General Fund accounts for the Revenues and Expenditures to carry out the basic governmental activities of the City, such as administration, police, inspections, streets and parks. General Fund expenditures are made primarily for current day to day 7 operating expenses. Major sources of revenue are the property tax and local government aid. FUND BALANCE The total fund balance of the General Fund is projected to be $1,222,203 for the year ended 1997. The balance increased $268,814 during the year. It is important for the City to maintain the current fund balance. This reserve is necessary to meet expenses in the General Fund until tax money and local government aid are remitted to the City in June/July. For cash flow purposes the city would be required to issue tax anticipation bonds if the fund balance is reduced or eliminated. The following table shows previous year end General Fund balances, compared to adopted expenditures budget for the past ten years: GENERAL FUND BUDGET TOTAL FUND BALANCE BEGINNING OF YEAR 1988 2,128,550 803,207 1989 2,236,430 749,654 1990 2,327,090 629,326 1991 2,264,150 642,934 1992 2,249,350 593,155 1993 2,325,780 626,361 1994 2,366,950 644,522 1995 2,418,030 843,561 1996 2,443,830 934,470 1997 2,591,760 953,389 37 9 33 5 27 0 28 4 26 4 26 9 27 2 34 9 38 2 36 8 REVENUES Revenues received for general governmental operations are $2,865,125. The following is an analysis of the major revenue sources of the General Fund - budget to actual - for 1997: % _BUDGET ACTUAL VARIANCE RECEIVED TAXES LICENSES & PERMITS INTERGOVERNMENTAL COURT FINES MISCELLANEOUS 1,266,460 1,300,913 128,050 155,399 968,210 1,048,991 65,000 116,236 147,900 243,586 34,453 102.72 27,349 121.36 80,781 108.34 51,236 178.82 95,686 164.70 TOTAL 2 575 620 2 865 125 289,505 111.24 The increase in licenses and permits of $27,349 is attributable to the increase in number of construction permits issued in 1997. The increase in miscellaneous of $95,686 is due primarily to the return on investments and the dividend received from the League of Cities Insurance Trust for last year and this year. The intergovernmental revenues increase of $80,781 consists of state aid for snow removal and a federal grant (FEMA) to help with the July 17, 1997 storm damage. Property taxes, including delinquent property taxes, came in at $34,453 above estimate. Delinquent taxes for the last six years stand at a total of approximately $29,000. EXPENDITURES Expenditures for general government operations were $2,596,311 in 1997. The following is a budget to actual comparison by department: DEPARTMENTS BUDGET ACTUAL VARIANCE EXPENDED Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning & Insp. Streets City Property Parks Summer Recreation Contingencies Transfers 69,370 4,000 8OO 193,470 2,100 59,480 168,960 23,550 114,460 924,350 4,100 172,870 405,270 82,840 148,550 36,200 20,000 161,390 79,390 4,000 1,786 189,291 1,963 61,440 162,789 15 763 102 161 875 351 3 273 187 663 441 568 78 574 142,524 32,714 54,671 161,390 (10,020) (986) 4,179 137 (1,960) 6,171 7,787 12,299 48,999 827 (14,793) (36,298) 4,266 6,026 3,486 (34,671) 114.44 100.00 223 25 97 84 93 48 103 30 96 35 66 93 89 25 94 70 79 83 108.56 108 96 94 85 95 94 90 37 273 36 100 00 TOTAL 2,591,760 2,596,311 (4,551) 100.18 The variance of $36,298 in the street department is due primarily to the exceptional amount of snow that we had during last year's winter. The contingencies' variance of $34,671 represents the expenditures incurred by the city for its commitment with the renovation of the community center. 9 SPECIAL REVENUE FUND,q Special Revenue Funds are used to account for certain tax levies and other earmarked revenue. The following is a list of the City.s Special Revenue Funds and Fund balances as of 12-31-97: Cemetery 3,034 CDBG 202 Area Fire Serv. 59,374 Dock 213,573 gAPITAL PROJECT FUNDS Capital project funds have been established to segregate funds to be used for various types of capital outlay expenditures. The following is the 1997 activity of this fund: Balance 1-1-97 Revenues Equity Transfers Total Available Expenditures 645,842 147,390 735,259 1,528,491 Professional Services Fire Capital Reserve Capital Outlay 172,497 15,140 232,417 Total Expenditures 420,054 Balance Remaining 1,108,437 The Capital Improvements Fund is an important one-time revenue source for the City of Mound. It allows the City to undertake projects that benefit the City without having to issue debt to finance them. The remaining balance of $1,108,437 was obtained with equity transfers from debt service funds that were used to account for bonds that have been recalled or that have expired. SEALCOAT This fund is used to account for the five-year rotation to sealcoat the streets in Mound. The total cost of the project for 1997 was $63,952, which was financed by the Liquor Store profits. ]0 ENTERPRISE FUNDS Enterprise Funds are used to account for the financing of services to the general public in which all or most of the revenues are generated from user charges. LIQUOR FUND The year 1997 was again an excellent one for the Liquor Store. A condensed summary for the liquor operations for the years ended December 31, 1997, 1996 and 1995 is presented below: 1997 1996 Sales 1,533,378 1995 1,523,897 1,409,488 1,145,974 1,065,414 377,923 344,074 212,573 196,455 165,350 147,619 13,495 12,395 173,850 148,060 4,995 11,954 Cost of Sales 1,163,745 GROSS PROFIT 369,633 Expenses 212,412 OPERATING INCOME 157,221 Other Income 13,365 Transfers Out 75,500 NET INCOME 95,086 WATER FUND A condensed summary of the Water Fund operations for the years ended December 31, 1997, 1996, and 1995 is presented below: 1997 1996 1995 Revenues Expenses Operating Income Other Income/Expenses Income Transfer to/from City 435,854 422,269 391,975 377,633 380,457 357,847 58,221 41,812 34,128 6,283 (578) (5,435) 64,504 41,234 28,693 17,000 5,054 17,000 In 1997 revenues were slightly up from 1996. The cash balance in the water fund increased from $650,608 to $664,345. SEWER FUND A condensed summary of the Sewer Fund operations for the years ended December 31, 1997, 1996 and 1995 is presented below: Revenues Expenses Operating Loss Other Income/Expenses Loss Transfers to City 1997 1996 1995 925,138 804,849 714,001 1,027,330 936,738 878,328 (102,192) (131,889) (164,327) 10,694 (7,924) (706) (91,498) (139,813) (165,033) 17,000 17,000 17,000 The cash balance in the Sewer Fund stands at $440,002 at the end of 1997. Both revenues and expenses were higher. The charge from the Metropolitan Council Wastewater Services (MCWS)was $595,212 in 1997 and $597,751 in 1996. Again this year the expenses exceeded the revenues by $91,498. RECYCLING The following are the revenues and expenses for recycling in 1997: Revenues Hennepin County Utility Billing Charges Sale of Recyclable Other 30,802 61,403 9,731 14,931 Total Revenue Expenses Salaries Pick Up/Disposal Recycling Hauler Other 116,867 15,201 20,898 71,528 3,027 Total Expenses Balance 1-1-97 Balance 12-31-97 110,654 50,842 57,055 In 1994 Hennepin County reduced the reimbursement to $.80 per household from the $1.75 reimbursement in 1993. The estimated grant from the County in 1998 will be $30 720 and the City household charge $67,200. ' ORGANIZATIONS I am a member of the Minnesota Government Finance Officers Association (MGFOA). There are currently 550/600 members. Monthly meetings are held in the metro area, with an annual conference held in the fall of the year. One of the requirements for keeping current my CPA certificate is that I maintain a continuing education program each year. Continuing education and training is a high priority in my professional development. I obtain the vast majority of my education credits through MGFOA. As an ex-officio member of the Economic Development Commission I attend all their meetings. I am also Treasurer of the Mound Crime Prevention Association. ACCOMPLISHMENTS FOR 1997 Specific accomplishments are as follows: Issuance of the 1996 Comprehensive ~nnual Financial Report The report received an unqualified opinion from the independent auditor and the Certificate of Excellence in Financial Reporting from the GFOA. Insurance Claims Activity In 1997 we had again a number of claims in the general liability, auto, and workers compensation areas. We also reviewed the present insurance coverage. Pre-Tax Plans The City employees were offered a Pre-Tax Plan in May of 1993. The plan was set up, maintained and extended into 1998. Almost all employees joined the plan, which benefits both the employees and the City in reducing Social Security, Federal and State tax payments. S,~mp Pump Inspections Joyce and I worked closely with Greg Skinner, John Cameron and the City Manager during the inspection of the sump pumps. In addition to working on all the paperwork involved, Joyce had to deal with the many calls and set up appointments for the inspections performed by the city employees. Now we are finalizing the collected information and we are helping in preparing a summary report to the Metropolitan Council. This report is required by the Council before they will release the final grant money to the City. 13 GOALS FOR 1998 Work in the Finance Department will continue at a steady pace in 1998. The normal cycle calls for the staff to meet their deadlines in the payroll, accounts payable, and utility billing areas. The Finance Director will continue to cover the investments, the audit, the insurance claims, the preparation of reports, and all the other responsibilities in the financial, insurance, data processing, and supervision areas. Special challenges in 1998 will be related to the construction of Auditor's Road and the Lost Lake Canal, the year 2000 issue in the computerized areas, and the reporting of the COPS FAST/MORE Federal Grants. CONCLUSION Thank you for having given me the opportunity to point out the areas of special note in the operation of the Finance Department. The year 1997 was a productive one for the City in the financial area. The direction provided by you, the City Council and the City Manager, made it happen. I will be attending the February 24th Council meeting to answer any questions that you have regarding my annual report. 14 ¢ H A RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax e-mail: attys@kennedy-graven.com JOHN B. DEAN Attorney at Law Direct Dial (612) 337-9207 email: jdean@kennedy-graven, com February 19, 1998 BY FACSIMILE AND U.S. MAIL Fran Clark City Clerk City of Mound 5341 Maywood Road Mound, MN 55364 Re: Cigarette Ordinance Dear Fran: The 1997 Minnesota Legislature enacted changes to the regulation of the sale of tobacco pr'oducts. Those changes are found generally in Chapter 227, Laws 1997. Under that statutory scheme, counties are required to license and regulate retail tobacco sales in any city in that county which does nnt licen.~ee and ,.~o,,~,~ ~..,~h sales. (M.S. § 461.12, Subd. 1). For the City to act as a licensing authority, it must adopt and ordinance (or otherwise carry out a regulatory program) which complies with the provisions of Chapter 227. Key among the provisions is the requirement for mandatory compliance checks. I have compared the proposed ordinance with the provisions of Chapter 227 and they appear the same. The ordinance also contains a definition of terms including some terms which are used but undefined in the statute. Additionally, the proposed ordinance contained the basic materials about penalties, fees and applications, etc., which are a necessary part of all licensing ordinances. Finally, the ordinance contains provisions dealing with disciple of the license and the process to be followed in determining what discipline to impose. While the ordinance could be redrafted and reworded, none of the changes would change its basic features because those features are appropriate to be contained in any form of the ordinance. If February 19, 1998 2 the council does not adopt an ordinance which contains substantially the provisions contained in the proposed ordinance and in Chapter 227, it will have given up its right to license and regulate the sale of tobacco. For your convenience, I am enclosing a copy of Chapter 227. Please advise if you have further questions. Respectfu. lly yours, j~ ~..S~~sDean the alcolMic subdMsion '2, use the ~r attempt to license, the tobacco or Idtender, the this treatment mmpted to driver's ldinnesota ~ourt shall of rpermit f<,r [0 ~ a dm'er's ~Minnesota tf0rward its for a the ~d: achild the court ,(~). If the tobacco (a) 3) forward 1997 REGULAR SESSION Ch. 227, § 4 l.he petty offender's driver's license or permit until the offender reaches the age of 1S years or for a period of one year, whichever is longer. (c) If the t(liudicated petty offender has a <Mver's license or permit, the <.ou-t may SUsl)end the driver's license or permit for a period of Ul) to 90 days, but may alh)w the offender drMng prMleges as necessary to travel to and from work. (d) If the adjudicated I)etty offender does not have a driver's license or permit, the cmn'l may prepare an t)rder of denial of drMng t)rivile~es. The order must pr.vid(' that the petty offendm' will not be gq-anted driving prMleges until thc ()fl'emler reaches tt~(' age of 18 years or for a period of one year, whichever is longer. The cmn't ~hall fm~vard the order to the commissioner of public saft4y. The vmnmissi(,ner shall deny the offender's ,li~'bilitv fc)r driver's license under section 171.04, for the period stated in the court order. Sec. 4, Minnesota S~tutes 1996, section 461.12, is amended to read: 461.12 MUNICIPAL C~A~H'OBACCO LICENSE SubdMsion 1. Ab FIt()idZAI ION. I~A town t)~m,d or the governing ), dy of ~a home rule charter ~or statutory ~tv may license a~q(q%cgulate thc ,etail sale -, .. ........... .,~ . : · r~M~ ~wapperitobaeco as defined in section ~ of ~~ B09.BS5, subdMsion 1, and ~stablish a license fee for sales to recover the vstimated cost m'2y ,h,.. ~- 2 ............................................ of enforcing this chapter. ~city~e ~.e!lor~,. !t' ...... provide fer the pan.~,hn-ent ' ~'~ .... * ................ ~b .... ,.,,,,;=~, F~,,, tho "~knd''+i~'' ~f thc ="~ c~m'ettes .,;fhin ~; ju)~as: :u'e p~mitted by !:~ The county board ~'~tke ......... t~.~ $ak~ of z:~g.a~shall license and r%udate the ~,l,vi~.)n~~in~an4 :'e~t/ng .... . · , ', ' s~~ m>~q~ly ~<'. the sale of tobacco in Ullorgallized territory&~a-~*~ta~>- ~ home " ..... i - f ~.,~ cf e~~~ .......... e:u':'~eraof the county and in a tox~n~ or a rule charter or statutm'xzyitv if the t()%x~ or ally does not license and regulate r,.tail .... ' '1 establishmer ts licensed by a to~n~ or'~tv to 7~ tobacco a,e nm reqtdred to sales, keta~ · obtain a second license for the same location tu~ li%?jjng ordimmcc of the county. Subd. 2. , DMIN1STRATIVE PI'3NALTIES ~,r~.~uo ....... ~ of~ ~'~~ee~sells tobacco n) a p(,rs.n m~der the age ot~ea~, (~ ~'a~d;' ~'nv ~rovision of this chal[ter, the licensee shall be (.t]a~ed an; dministratix23k~!!altv of $75. An · ' ,. ' , )-;altv of $900 must be imposedq'])r t-[sec(m { vitdati,m at the same location a(hnm~ at~U- ~ - .- , ' 7 . . , ' .... ,~Z~q5'~7~ ~¥~1~"'~]{~' {]1~ ~m~ loc~ti~,~ xxqth" ~ ~ monfl~s after tlae initial violation, c m k .......... c..ltl , . . ,..,: ......... )t,. ,f goS0 mu~i kc imp~,$,:'~ and 24 mont~after the initial x'i.lati()n, an am mus~ 'a,,,'~ ~ ......... ., --- '; ...... ~-~ the l'censee'- authority to sell tobacco ~ ~}~[~k~n must be SUSl)ended hn' not less th a l)m son authm ~zed })Z the. hcFnstnJ~ aut),~.}!~..to .~27~5L~ct ..~2 .tt~_z~'---' ..... ~-:: ............. ,,-~i,)lation has OCCllITO(i l'nllst De lP, 'wl'3lli~ .................... "rE PENM TY' iNI)I\:II)[TAI~s' An indb.'i,~A~2 . . ~IJAII.N 131 ~ ~t 1) ......... ' OI ~ j~ ~ i . ~, L , -~ ,~'. ........ 'm.~t be char~ed an atdminist~Xkl~e,pally tobacco to a person miner me age ~~~ ...... ~X'f~o~-~'ed t)~rstmallv ~OU. iN( pOHalt~' lnaf ~;e mq~, ~ , ~ .- ,' .., I,~m,.ir,,~ hofflP('~ a 1)Ol'SOll aUtllOl'lZe(l ~ .' -J the alleged violation and an k)tqJorumitv im ~ ......... ~ ......~% , by l~all ( f ,, ..... . ~' ~ .~.,..;~iO~ ,I,.~ ~ Violaliolq llas ocCtll're(l ~k' the licensing authority to con(ltlct tile ileal'lpg. ~ utt, be in xwiting. must . ~d educators, Subd. . MINORS. The licensing auttmritv shall consult ~dth interest minor~ x~'ho purchase, po:ses., a ~' ' ..... - ~rested persons shall consider a vmd?v of .l~tions, ~ittding. but not limited to, tobacco free ea~eatio~'~'ams, notice to seh,)~d~, i~'~rents, eomn~u~] se~wice, and other diversi¢.m~'a~ns~ . NCE CItECKS A lieeasip~ auxhoritv shall c. onduet unannounced Subd. a. COMPL1A. -- , '-,' 4 _~m_ ,-ETc-~,7+qS~i:h~~3 is~(,l<! [~ c(~Dliance with ,c. ct~()n (~ ;,. ~,. ' -F,'~' ' .... ]'~>~_.}j~)Lj~j?le), tjjyLj!~e of IS, who, xxfith the prior ~witten ~.(>n:<,nt el a p,~'<,n; ~}~' Afl~itions are indicate~ DY underline; ~eletions D? ~t~o~ 1763 Ch. 227, § 4 ~;Oth LEGISLATURE ~urchase tobacco under the direct ~Msion of a law enforcement officer or an employee of the licensing authority. Subd. 6. DEFENSE. It is an affirmative defense to the charg_~ of selling tobacco to a person under--rs in ~5olation of subdMsion 2 Or 3 that the licensee or indMdual making the sale relied in good faith~ as described in section 340A.503, subdMsiun d. Subd. 7. JUDICIAL REVIEW. Any )e~on a ~ 'loved I)v a decision under subdivisi(m '2 or 3 mai have the decision reviewed in the district com't in the same manner and ~'ocedure as__provided in section 462.361. Sec. 5. 461.17 MANUFACTURERS TO REPORT CERTAIN SUBSTANCES TO ASSIST IN ENFORCEMENT OF LOCAL ORDINANCES. Subdivision 1. ANNUAL REPORT REQUIRED. Each manufactm'er of tobacco ~ uets sold in Minnesota ~hall provide the eonm:issioner of health with an annual report, eithor on paper pr by electronic means. The report shall be proxfded in a form and at a time si)coiffed by the commissioner, identifying, for each brand of such product, any of the following substances present in detectable levels in the fu'(~(luct in its unburned s~.ate and il' the product is t)~pieally burned when consumed, in its burned state: (1) ammonia or any compound of ammonia; (2) arsenic; (3) cadmium; (4) formaldehyde: and (5) lo'ad. The form for annual repo~s under this section is m~t a rule fm'_~oses of chapter 14, including section 1,1.3S6. Subd. 2. ASS1S'DLNCE TO LOCAL GOVERNMENTS. ~q~r.~fluest, the commission- er shall provide a lc~cal government unit with a C(,~.&[ reports filed under this section, to assist in the enforcement of local ordinances. Subd. 3. PUBLIC DATA. Reports under this section are public data. Sec. 6. 461.18 SELF-SERVICE SALES RESTRICTED. Subdivision 1. SELF-SERVICE SALES OF SINGLE PACkaGES RESTRICTED. (a) No person shall offer for sale single packages of cigarettes or smokeless tobacco in open displays which are accessible to the public ~dthout the intenrention of a store employee. (b) Cartons and other multipack units may be offered and sold through open displays accessible to the public. ' (c) Paragraph (b) expires on the effective date of subdMsion 3. (d) This subdivision shall not apply to retail stores which derive at least 90 percent of their revenue fi'om tobacco and tobacco-related products and which cannot be entered at anY time by persons younger than 18 years of age. Subd. 2. VENDING MACHINE SALES PROHIBITED. No person shall sell tobacco products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. Subd. 3. FEDERAL REGULATIONS. Code of Federal Regulations, title 21~ part 897.16(c), is incorpm'ated by reference with respect to cartons and other multipack units. Sec. 7. 461.19 EFFECT ON LOCAL ORDINANCE; NOTICE. Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more restr/ctive regulation of tobacco sales. A governing body shall give notice of its intention to consider adoption or subst~antial amendment of any local ordinance required undor section 4 (,r permilted under this section. The_Kgver2fi_ng_.bodv shall take reasonable steps to send nt,tiee by mail at least 30 days prior to the meet_in_g, to the last kn(,x~u~ address of each licensee 9.r person required to hold a license under section 4. The not.ice shall stale the time, place. and date of the meeting and the subject matter of the proposad ordinance. Sec. 8. REPEALER. 1764 Additions are indicated by underline; deletions by i~'-ikeeu! 1.o97 REC, ULAR SESSION Ch. 228, § 2 Minnesota Statutes .9.6, section 325E.075~ is repealed. Sec. 9. EFFECTIVE DATE. Section 6 subdivisi? 3, is effective u_Lpon the implementstion of Code of Federal R~ riots, titl~ 21, part 897.16-~)7 Presented to the governor May 27, 1997. Apt)coved May 30. 1997. HEALTH--UNIQUE IDENTIFIERS, BIRTH AND DEATH DATA, LEAD INSPECTION CHAPTER 228 H.F. No. 556 AN ACT relating to health; modi~'ing provisions for unique identifiers for health care providers, ~roup purchasers, and patients; modifying birth data provisions; limiting access to certified copies of birth and death certificates; requiring standardized format for birth and death certificates: extending date of commissioner's access to fetal, infant, and maternal death data; modifying lead inspection and notice requirements; amending Minnesota Statutes 1996, sec- tions 6~.451, subdivision 6c; fi~.54; 144.212, by adding subdivisions; 144.215, by adding subdivisions; 144.225, subdivision 2, and by adding subdivisions; 144.9504, subdivision 2; and 145.90, subdivision 2. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1996, section 62J.451, subdivision 6c, is amended to read: Subd. 6c. PROVIDER ORG~IZATION PERFORM~CE MEASUREME~. (a~ As part of ~he perfo,~ance measurement plan specked in subdMsion 6, the he~th data institu~ shall develop a mechanism to assess the peffo~ance of hospi~ls and other pro.der organizations, and to disseminate this infm~ation to consumers, p~chasers, polic~akers, and other interested parties, consistent ~th the data policies specked in section 62JA52. Dam to be collected may include st~ctural charactm%tics including staff-m~ and nurse- patient ratios. In selecting additional data for collection, the health dam institute may consider: (1) feasihilily and statistical validity of the indicator; (2) purchaser and l)ublic demand for the indicator; ~:l) estimated e:<pe,~se of cnl!eding and repro'ting the indicator; and (,1) usel'uhmss of the indicator for internal improvement purposes. . , ' ta institute may conduct consumer supers that focus on health care (b) The health ~,~]',';~l~,~'X ',, ' ncalm care )rt)vluei u, ~,.,,za/ , . . . ' m.~der org~zat, ms. ncmm ~]~]m,nbers of thmrpatmn~$, defined ~~2, ~uding ' ~,',' ',,v ~ ' s iiuto for ia t~l]~dth da~ ]}j~t~ · - . ....... . ......... ( ,)~%.a~/data on individuals as ,r ol ,'anizations under tins l)ara~,'%.,, health cinx~~ g ___~~..., .~,.~ ,m(lc~ param'a~h does not a:~,~n section 23.E2, sul?Jtvi~q,m ,,z. ~,~:~),'~' ~cction 14,1.~a5:~ aa. constitute a release of healtll recor(ls Sec. 2. Minnesota Statutes 1996, section 62,] .54, is amended to read: 62.1.54 IDENTIFICATION .haND IMPLEMENTATION OF UNIQUE IDENTIFIERS Subdivision I. UNIQUE IDENTIFICATION NUMBER FOIl HE~TH C,~E PRO- VII)ER OR(iANIZATIONS. fa) ~.~a~!998Not later than 24 months afl,er the (late on which a unique health identifier for health care prov~ers is a~'Spmd or ~al~ecT h~ ;(~;ti(,i{/i1~ ~1~ ~q~ic t,aw Number 10,1-191, 110 Statutes at ~?'ge Yg:%6W all gn.oup purchasers and health car6~qders in Mi'hnesota shall usc a unique Additions are indicated by underline; deletions bv ~ 1765 ORDINANCE NO. 96-1998 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 AMENDING SECTION 510:10, SUBD. 2. OF THE CITY CODE RELATING TO FEES FOR CIGARETTE LICENSES The City of Mound Does Ordain: Section 440:00. Purpose. 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. Definitions and Interpretations. 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 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. Tobacco Related Devices. "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, sniffing, or smoking of tobacco or tobacco products. Subd. 3. Self-Service Merchandisins. "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. Vendin8 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. Subd. 5. Individually packaeed. "Individually packaged" shall mean the 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. "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. Retail Establishment. "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. Moveable 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. 2 Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Subd. Il.Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that 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. Application. 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 provided in the Violations and Penalties section of this ordinance. 3 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 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. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8 Renewals. 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 entitle the holder to an automatic renewal of the license. Section 440:15. Fees. 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. 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. 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. 4 The applicant fails to provide any information required on the application, or provides false or misleading information. 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. 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. Vendim, 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. Responsibility. 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. Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise l~rovide 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. 6 Subd. 3. l~ggol._tJ.~. 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. Subd. 4. Illegal 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 shall 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 shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. a hearing provided Hearings. 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. Hearine 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 shall 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 shall be recorded and a copy provided to the acquitted accused violator. 7 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 ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Section 440:60. _Penalties. 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. 8 Section 440:70. Severabilit¥ and Saving Clause If any section of this ordinance shall be found unconstitutional or otherwise invalid or ~nenforceable 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 Section 510:10, Subd. 2. is amended to read as follows: Subd. Related Code .No. Section Tv~e of License Conditions and Terms Amount 2 440:10 Cigarette Sales Annual $200.00 Mayor ATTEST: City Clerk Adopted by the City Council February 24, 1998 Publish in The Laker Newspaper February 28, 1998 9 1-10-98 LEN HARRELL Chief of Police TO: FROM: Ed Shukle Len Harrell MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TOBACCO ENFORCEMENT COST ESTIMATES 1998 Recruiting: 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 with 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. blt.> CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1657 (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: 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//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. printed on recycled paper &Il 10. OUTLINE FOR MOUND ORDINANCE MEETING My name is Christine L~t_~Lg3g&~_ and I am the :~ev,. of the Main Street Market store here in Mound. On August 1st, a new state law took effect that requires every city to license tobacco retailers. The proposed ordinance is more restrictive than the state law because it bans all self-service displays of tobacco products, including multiple packs and cartons of cigarettes, cigars and pipe' tobacco. The state law only bans self-service displays of ~acks. banned single pack displays to prevent theft by minors. The legislature Our state legislators voted in favor of the state law and I ask that the city council follow the terms of the state law. We need to take time to let the state law work before more strict regulations are considered. Banning all displays may force us to do expensive remodeling of our store counters. Also, banning all self-service displays will have a financial impact on our store. We receive display allowances from tobacco manufacturers for displays (dairies, pop bottlers, and other companies all pay display allowances). B. These display allowances are an important part of maintaining store profitability. .2or '~ dz~ C. With a total self-service display ban, display payments are significantly reduced or even eliminated. 41 cities and even several counties have followed the new state law which only bans individual packs of tobacco products (show list). We support the state law and believe it has a number of tough regulations to keep tobacco out of the hands of minors. We want to work with you to administer and enforce a local ordinance. By working together, we can accomplish a great deal more. Please consider amending the ordinance to only ban self-service displays of individual packs of cigarettes and smokeless tobacco. bi2. FEB 1~ ~98 11: 05AM P, P, T, &P GLENN P. BRUDER, P.A. ATTORNEy AT 4005 W~..~-,- Suz'rz 200 EDINA, MINNn$OT.~ .55435 TZL~:'nON~. (612) 925'3001 F,~CSZMiLZ ({512) 925-4203 . 11 P. E/'1'1 Fcbruary l2, 1998 BY FACSnV[ILE 'I"RANS~SION ONLY Mr. Robert Polston Mr. Mark Hanus Ms. Andrea Ahrens Ms. Liz lensen Ms. Leah Weycke 5341 Ma~.,ood Road Mound, MN 55364 Re: Tobacco Ordinance Dear Mayor and City Council Members: I am writing on behalf of Main Street Market and the Minnesota Coalition of Responsible Retailers in connection with the tobacco ordinance currently being considered in Mound. You may not be aware that the Minnesota Grocer's Association, one of the members of the Minnesota Coalition of Responsible ~rs, has prepared a model tobacco ordinance. I have enclosed a copy of that ordinance with this letter. At least 20 Minnesota cities and 5 counties have enacted the ordinance drafted by the Minne.~ta Grocer's Association in preference to the complex ordinance pretxm~ by the League of Minnesota Cities. Because the enclosed ordinance mirrors s~te law in every respect, many cities and counties apparently feel that it will be easier to amend this ordinance in the event further legislative changes are mandated during the currant legislative session. Already, H.R. 3236, introduced in thc Minnesota House, seeks to revise the tobacco legislation passed during the last session. It appears other attempts to modify the statute are likely since Governor Ca,rlson's message to the Minnesota Legislature at the time he signed the current youth tobacco law reveals that the governor feels further revisions to the statute are needed. I have enclosed a copy of Governor's Carlson's message to the legislature and H.R. 3236. FEB 1~ '98 11:06AM P,P,T,&P P.3/11 Mound Mayor and City Council Members February 12, 1998 l~e Two Roseau counties which prompted these counUes m tame umaaco omu_ ~..,,~., "~.--'7._'_"~Z_~ ...... --., ,~.-:--, ...... ~,-,-,-.-,~,-,,* ~,oencies will be lobbvin~ thc Mimmsot~ I. eglslature outing utc ,,,, ,,~, ,.w ~....,,.¥.....~...-,,- '- - -~- -' - ' ........' be -'"" session ~o amend hhe erasung stature due to concerns t~at compum~ce cnecr, s may ~.,~ to implement in less populous counties. Glenn P. Bruder GPB:mbh Enclosure cc: Chris Valefis GLENN P. B~.UD]~g, P.A. FEB C~RZ. SON 11:06~M OFFICE OF T'EE C~VERHoR g~0 ~TA'~E CAPitOL $,UNT ? A ~ P. 4/11 ivey 30, 19~ ~ Sic. al;er Carru~: (6121 2,~6-3391. Voi~ FEB ll:0?AM P,P,T,&P P.5/11 The ~kmora~c ~ Ca.z~zbe.,~ M~y ~0, 1997 provisio~ which I ~ o~mblc i.f tl~ spc. ciai scXf-scr~cc sales e. xcmp~n for ~tm"cs g~z derive 90~ ot' r, hcir rcvcm~ from cobacr, o prodacts, thc so-called "s.molcc I am pu,zzied bT' kcgi~,ti,~ wbic. h acaica mr..h a~u un~vcu rc~alatory environmeat for Mimesota's gnx:ral rctailets Who s~ll to~c~ products. It is very croubling that ~acral who cs~ abidc by tl~ sales laws will non~cas be phccd ac a competitive din~v~t~e simply Ixcs.u~' TIz L"~'cdic~ clisclosox~ Ltw mai, al~o I~ve a disparate impact ou thc sale of cigar progoc~ in biizmesom. If it is lr~ that cigar m,vaiffacmrcrs will not bc ablc to c~ly with thc disclosure req~ becaUs= of th~ ~mre of ~a~ industry, a.~ thac no otlzr state or country imposes su.~ a mq'~ on ~Xr sales, ~cn I mu.~ urgc d~ l¢~ishuirc ~o zecomidcr thc ~eponing p~ via tSc nc,nml, legislative proton. The facz ~ it has tlz p~en~/al m ban a~i indusuy in Minnc~ is a 2s~ to ~e n~ed fo~ controv=sial hilts to bc ~iv~ a fuU public t~ in c~mmitme. If suck pro~s ~-ur dur~ Rte nc~t session, I am confident ,.hat l~gislatinn can be ~ which wRl b~ mom ¢ffectivcly ~l~r~d to achieve thc ouu:omcs wc seek. D~e m th: calx, erin ~ in ~ leto:t, I ~vc sr, kecI CommLuio~..r lLm-y of r..he Mimesota ~ of Health to tzxmkor the iz~p~n of the You~ ,a,:aess bill ~d ztpon bark to z~e directly on :be cff~cr, iv~mcss of the hw in ~:rcasi:~ the u~e of tobaaco products by our FEB ¢; [Note: The following is a model tobacco ordinance based on the new state law, Chapter 227 of Minnesota Laws, 1997, which became effective on August 1, 1997. References to existing state law and the new state tobacco ordinance law are listed at the end of each ordinance provision]. Ordinance No. THE COUNCIL OF THE CITY OF 1. License. e , MINNESOTA, HEREBY ORDAINS: No person shall keep for retail sale, sell at retail or otherwise dispose of any tobacco product at any place in the City without first obtaining a license from the City. "Tobacco" is defined as and includes: cigarettes; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts, refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. [Source: Minnesota Statutes Section 609. 685]. Bo The annual license fee for a retail tobacco license shall be $ per year. All retail tobacco licenses shall be valid for one calendar year from the date that the license is issued. Every license shall be conspicuously posted at the place for which the license is issued and shall be exhibited to any person upon request. Sales Prohibited to Minors. No person shall sell or offer to sell any tobacco or tobacco product to any person under eighteen (18) years of age. [Source: Minnesota Statutes Section 608. 685]. Administrative Penalties. Ao If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this ordinance, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed, and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the City Do to conduct the hearing. [Source: Minnesota Statutes Section 461.12(2), 1997]. An individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the City to conduct the hearing. [Source: Minnesota Statutes Section 461.12(3), 1997]. It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 years in violation of this ordinance that the licensee or individual making the sale relied in good faith upon proof of age as follows: 1. A valid driver's license or identification card issued by the State of Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; or A valid military identification card issued by the United States Department of Defense; or In the case of a foreign national, from a nation other than Canada, by a valid passport. [Source: Minnesota Statutes Section 461.12 (6), 1997; Minnesota Statutes Section 340A.503, by reference]. Minors who purchase, possess or consume tobacco products shall be (Note: The new state law includes the following requirement: "The licensing authority shall consult with interested educators, parents, children, and representatives of the court system to develop alternative penalties for minors who purchase, possess, and consume tobacco. The licensing authority and the interested persons shall consider a variety of options, including, but not limited to, tobacco free education programs, notice to schools, parents, community service, and other court diversion programs." [Source.. Minnesota Statutes Section 461.12(2), 1997]. Self-Service Sales. Bo No licensee shall offer for sale single packages of cigarettes or smokeless tobacco in open displays which are accessible to the public without the intervention of a store employee. [Source.. Minnesota Statutes Section 461.18(1)(a), 1997]. Cartons and other multipack units may be offered and sold through open displays accessible to the public. [Source.. Minnesota Statutes Section 461.18(1)(b), 19971. C. Section 4(B) of this ordinance will expire upon the effective date and implementation of Code of Federal Regulations, Title 21, Part 897.16(c). [Source: Minnesota Statutes Section 461.18(I) (c) and 461.18(3), 1997]. D. The self-service restrictions described in this Section 4 shall not apply to retail stores which derive at least 90% of their revenue from tobacco and tobacco- related products and which cannot be entered at any time by persons younger than 18 years of age. [Source: Minnesota Statutes Section 461.18(I)(d), I997]. Vending Machine Sales. No person shall sell tobacco products from vending machines. This section does not apply to vending machines in facilities that cannot be entered at any time by persons younger than 18 years of age. [Source: Minnesota Statutes Section 461.18(2), 19971. Compliance Checks. The City shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with Minnesota Statutes Section 609.685. Compliance checks shall utilize minors over the age of 15, but under the age of 18, who, with the prior written consent of a parent or guardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer or an employee of the licensing authority. [Source: Minnesota Statutes Section 461.12(5), 1997]. Dated: This ordinance shall become effective after its passage and publication. , 199 . City Clerk Mayor Published In the on , 199 · MEMO The following cities and counties have adopted or will be adopting ordinances that follow the regulations under the new Minnesota retail licensing law that went into effect on August 1, 1997 which allows tobacco product self-service displays of multi-packs and cartons: Alexandria Blooming Prairie Brainerd Canby Chisholm Cook County Cottage Grove Currie Deer Creek Detroit Lakes Douglas County Faribault Fillmore County Floodwood Herman Hopkins Howard Lake Kandiyohi County Lakefield Milaca Miltona Montgomery New Ulm New York Mills Oakdale Osakis Perham Plainview Preston Rice County St. Charles St. Cloud Spring Grove Staples Tracy Wabasha Wadena County Wells Westbrook Wheaton Winona County FEB ll:09AM O. Uite"'"a: drag .'.County. board considers fighting '. "State's new tobacco ordina, n. ce .... ; ,. , ..',', ,.' ...0,.,.:', .'. '.." '. by Col; Short, editor Moren said thc.re .4s. a;need fo~ mor~ restrictions on tobacco usc b.v';': Ros~u (~ot~nty' Cornn~issiontrs' -teens ii~ the area, but'she said. the.' are hoping a new state mandate, s~-'~'~'~'~rdinance sknply won': work looking to extinguisla teen-age id Ros~au County,' tobacco,use in. Minnesota will soon She said the Co;i/my ^uomey's 'go Up it~:imbke..': ~ ..... ; .Office, county commissioners and · "Tb~{ififtindgd ~a~t~ band~d' sheriffs deparumen[: officials all do~'.'b~ I11¢ $~t¢'was pre,need'to' seca to bold thc samc'gicw. ' kommlssio~ers' by. Rostau County 'We all bare the sime position. ,. ~ . .:.~,,_:...~,. ,~.,.,: .... ;: .',¢._.;: ..... ~ IZOWll to £ctkids und~.lg to volun- . I' lng lnr, cLln~.-r -,' · '"~'~ ....... '. · .... -o.';:;'.:.lio ik,'e~,,te W~II.S' LO le°`' te.~r to (~O ~[11S, ~ illin h,3ve Lille.., ~:',,'~;,'¢;,T~,~'~f:,'~cco ,R~? doimz ' parents approve? It s just no.t · m,,? 'u~ k,,.e m ~tablisb ~ llcens~ ble m a small county, she sago. !: fee:,razkl./Zigulate.,ivho 'i~ s~lling . Morea smd caty go emmen ... '.;~ tob'accof Morea ~aid. ~'bc bigger within, the county have the opti96 problem witb..this law. ~a~ ! se.e, of adopting the ordinance, too .;~ a~d'the {'x~arcl' sees,..is ~at w~ have - sh~ said ifs unlikely Lhey will. · · . . :~f t6 'itu. a .compliance'.,.cb~.ck' with 'Thc county bas to do it. The ..,every p..lace tbit sells tobacco." · . ..,am '.Unanhounceit 'compliim~e "check,' mandat~ at least once a ~ 'ye, at, uno, er ,the .ordinance, would "and undercover' youth into the 'licensed ouQcts in. an attempt m .:.' buy tobacco while'still underage. Commissioners said thc'state's attempt to protect juvenile,$' 10ng- '.term health could bi ~copardizing their short-term "W'ao's responsible if a child is btu't two or' three ~ys after the cb~ck is over. I'd be worri~ about thc poor kids who would do this,' said Glenn DarsL. cohmy commis- sioner. ·. · " · Moren said'thc' worry is 'a legiti- mate on',,. "Ttaere's absolutely no way to ensure their safety. And in a small · county, people arc going to know · wtw thc kid is who's doing this,' sb~ ~id..,. a boy does this, be "If ~ could bc putting his safety in jeop- . ardy ,with other kids who smoke. If he go~s in there and they find out who be is, he might get beat up." Roseau Times December 13, 1997 cities can pass it, but they don't have to. And if they clon't have to, they're not going to," she said. ' County Cbak Doran Homer said he questions whether'thc county will be forcod to comply with the ordinance. 'I don't s~¢ why we should cum-. ply. It's a state ordinance, not a Ros~au' 'County ordLrmnce. I just don't want to be forced into some° thing that's supposed to b~ 'our' ordnance," be said. Mo:Tn said she'll be thee. king with our county attorneys and with state officials to lind what actions, if any, th~ count,'Cid-filet6' avoid passing the ordinar~e. · Ros~au School District officials :said Wcdncsclay the new law could also pose problems for athletic eli- gibility with the Minneso.ta State :High School League's policy on tobacco possession. Moren said she will report back to the County Board at its D~. 30 moeting with possible con.~: quences for not adopting the policy...~i P.10/ll L2,2- FEB 11: DC]AM P, p, T, &~'- P. 11Xll ,Cass'-.tables to.bacco action By MONICA LUNDQUIST Cass Comity Correspondent WALKER- Cass County Board tabled, for at least six months, a propesed__tobaccg. 0.rdi- ~n~nce, hoping tn see changes in ', the state law before a new ~oun. ', ty ordinance is adopted. : The ~eCslature last year ]enactecl a law requiring local ~govemments to have an ~mder- , age person attempt to purchase ~ tobac&o products fr~m each bud- I nass that government agency , "I'm not in favor ofusing k/ds,' I Commissioner Jim Demgen said 12~tesday. He repor~ed most I Minnesota coun~es represented : at a recent state Association of Minnesota Counties meeting support Cass's view of the new t state law. t Aud/tor Sharon Anderson told the board there is no deadline in it hat new law stating when local !governments must /mplement ~the undercover purchases by { rninor . Cass board members also want to receive ~uidelines Minnesota Counties Insurance ~ Trust concerning county l/ability involved if juveniles were used for such unde.-~over work. Cass will issue ~.ce~.._~es tn all · ' bus/nes~es se]ling tobacco prod- ~. ucts in tmincorporated areas and in dries vorL~g to cease sell/rig · licenses for 1998. The old 1/cense ,. fee rate of $12 a year will contin- ~e proposed ordinance had called for license fees to increase to az much az $250 a year to cover, hw.eztigative costs. 'They ~able~l indefinitely act/on on a proposed county liquor license for a new dance hall between Highway 2 and tho Cass Lake Bingo Palace and Casino. Pike Bay Township 'denied support for the county license. State law prevents a county from i~soing a license to a business a. township does not approve. The dance hall already has'a license from Leech Lake Reservation and is required by law only to obtain that license. The owners are enrolled mem- bors of an. Indian band and their business is inside reservation Board members approved annexation of a land' parcel north of Pillager to that city- State approval also will be need- ed to complete the annexation. Cass County government offices, except the oheriff's office, will close at 3 p.m. Christmas Eve day. The courthouse will be closed all d'~y Dec. 25 and. Jan. 1 for hol- iday observances. Brainerd'Daily Dispatch December 10, 1997 CITY OF MOUND BUDGET REVENUE REPORT JAN. 1998 8.33% GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments JAN. 1998 YTD PERCENT B D__~U__~G.E[ ~ ~ VARIANCE RECEIVED 1,271,520 0 0 4,780 200 200 105,300 3,405 3,405 950,850 0 0 50,650 784 784 85,000 0 0 71,000 5,600 5,600 43,500 0 0 12.000 2,731 2.731 (1,271,520) 0.00% (4,580) 4.18% (101,895) 3.23% (950,850) 0.00% (49,866) 1.55% (85,000) 0.00% (65,400) 7.89% (43,500) 0.00% (9.269~ 22.76% TOTAL REVENUE ~ ~ 0.49% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 360,220 65,166 118,920 5,572 1,530,000 111,285 451,000 33,026 924,000 81,692 5,100 0 77,300 15,527 65,166 (295,054) 18.09% 5,572 (113,348) 4.69% 111,285 (1,418,715) 7.27% 33,026 (417,974) 7.32% 81,692 (842,308) 8.84% o (5,1oo) 0.00% 15,527 (61,773) 20.09% 02/12~98 rev97 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT JAN. 1998 8.33% GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers GENERAL FUND TOTAL Area Fire Service Fund Recycling Fund Liquor Fund Water Fund Sewer Fund Cemetery Fund Docks Fund JAN. 1998 YTD BUDGET ~ EXPENSE 71,610 11,285 11,285 4,000 0 0 3,000 0 0 210,970 15,903 15,903 13,200 1,772 1,772 62,450 15 15 172,710 11,726 11,726 18,550 5,695 5,695 86,460 3,888 3,888 990,170 73,661 73,661 4,250 578 578 173,280 10,319 10,319 420,820 37,627 37,627 103,380 5,547 5,547 192,380 6,889 6,889 37,290 0 0 45,00O 0 0 167,430 ~ 13__3,_9_9_9_9_9_~ PERCENT VARIANCE EXPENDED 6O,325 15.76% 4,000 0.00% 3,000 0.00% 195,067 7.54% 11,428 13.42% 62,435 0.02% 160,984 6.79% 12,855 30.70% 82,572 4.50% 916,509 7.44% 3,672 13.60% 162,961 5.96% 383,193 8.94% 97,833 5.37% 185,491 3.58% 37,290 0.00% 45,000 0.00% 153,477 ~ 7.16% 360,220 14,086 14,086 346,134 3.91% 126,830 14,868 14,868 111,962 11.72% 293,700 15,735 15,735 277,965 5.36% 445,400 13,747 13,747 431,653 3.09% 981,020 129,023 129,023 851,997 13.15% 6,710 0 0 6,710 0.00% 76,660 778 778 75,882 1.01% Exp-97 02/12~98 G.B. PARK AND OPEN SPACE COMMISSION MINUTES February 12, 1998 Present were: Peter Meyer, Bev Botko, Rita Pederson, and Tom Casey. Also present was Secretary Clare Link. Those absent and excused were: city Council Representative Leah Weycker and Park Director Jim Fackler MINUTES Motion made by Meyer, seconded by Botko to approve the minutes of the January 8, 1998 Park and Open Space Commission meeting, as amended: Page 4, 4th paragraph: change to read: Case¥ discussed a possible conservation easement with the Minnesota Land Trust on the property, with the consent of the landowner. Motion carried unanimously. AGENDA CHANGES March for Parks was added following POSC Capital Outlay Requests. ELECTION OF OFFICERS FOR 1998 Motion made by Botko, seconded by Pederson to nominate Peter Meyer as chairperson- Motion carried unanimously. Motion made by Botko, seconded by Pederson to nominate Tom Casey as vice chairperson. Motion carried unanimously. SUMMER R~CREATION AND BEACH PROGRAM REVIEW Tim Piepkorn, Community Education Director, stated a number of changes are proposed to the summer program. He stated the elimination of the Belmont Park program is proposed because of iow attendance. An afternoon program would be added to the remaining locations in addition to the morning program. The afternoon program would be held the last two weeks in June. Friday community trips will continue. Classes at each park site in community enrichment (nature study, activities) will also be offered at the parks. An activity for the entire community is also proposed the first week of July. An overnight bike trip is another possible offering as well as a camping or hiking trip up north. Meyer asked if the enrichment programs would be geared toward the park program participants. Piepkorn stated it would be geared toward children in the neighborhood. Meyer suggested tennis lessons be offered. Piepkorn noted they were held when he first came with limited attendance. Pederson suggested a class be offered on protecting the environment, particularly the water. Piepkorn stated it is being discussed as a separate class or being added as part of another activity. Piepkorn discussed the need for some kind of shelter to store equipment and would support the use of Island Park Hall. He stated there needs to be a letter of agreement between community education and the City before the programs begin. ~UBLIC LANDS PERMIT Meyer noted A1 and Alma's Restaurant has applied for tree trim/removal on their site. He felt the two trees closest to Piper Road need to be removed but the tree closest to the lake should remain. ' Botko noted they are requesting that one of the trees next to the flagpole be trimmed. Meyer noted this is one of the trees near Piper Road. Commissioners discussed the issue. They all agreed the tree closest to the lake should stay. Motion made by Meyer, seconded by Casey to recommend the two marked trees closest to Piper Road be removed, and the third tree closest to the lake remain. Casey stated it is difficult to determine in the winter what the situation is. He stated he would prefer to remove one tree. He recommended this item be tabled for further information. Pederson believed the city should have some one check to see if the trees are viable or not. The motion was withdrawn. Motion made by Casey, seconded by Botko to recommend the removal of the most narrow tree leaning over the Guyan,s driveway and have the City contact a forester to evaluate the sturdiness and liveliness of the two remaining trees. This item will be brought back to the next meeting. Motion carried unanimously. FUTURE USE OF ISLAND PARK HALT. Commissioners reviewed information provided on windows for Island Park Hall. Pederson suggested estimates be solicited from window companies. Commissioners didn't like any of the window samples provided. Casey suggested more information be provided on option two with windows which would be more of a historical nature. Motion made by Casey, seconded by Meyer to recommend more information be provided on the option of using real glass, tempered or untempered, and what options are available for using glass of a more historical flavor for discussion at the March meeting. Motion carried unanimously. POSC CAPITAL OUTLAY REQUESTS Meyer suggested a workshop be held to prioritize and itemize park improvements for the future. He stated funding requests could also be discussed. Commissioners discussed the Island Park Hall roof repair and didn't believe it should be a capital outlay request. Meyer stated he will contact the city Manager to find out what the status is on the roof repair. Commissioners discussed the date for the workshop. Meyer proposed the meeting be held on Thursday, February 19 to discuss 1999 capital outlay requests, funding options, and review of natural area handout. MARCH FOR PARKS Meyer stated a representative from Mound is needed to be on the planning committee for the March for Parks. He stated he would plan on attending and would contact other commissioners to let them know when the meeting will be held. MARCH POSC AGEND~ The following items will be discussed at the March meeting: Island Park Hall windows update, How The Depot money has been spent, Chester Park trees update, Capital Outlay Requests, New Funding Sources, and update of Park and Open Space notebooks. _REPORTS None Motion made by Case¥, seconded by Botko to adjourn the meeting at 9:02 p.m.. Motion carried unanimously. RECEIVEO. 23 2 3 i§§8 Henn mn Count e ' ~ An FaluaI Opporlattiiy l~mplo3r, er Y Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, MN 55364-1687 February 19, 1998 Re: CSAH 15 (Shoreline Drive) at Cypress Lane CSAH 15 (Shoreline Drive) at Wilshire Boulevard Dear Ed: As per your request of December 15, 1997, our division has recently conducted a traffic investigation to determine whether traffic signal warrants are met at the referenced intersections. Copies of the signal warrant review and the individual warrant results based on twenty-four approach counts and a radar speed survey have been previously forwarded. The results of our investigation indicate that none of the warrants for the installation of a traffic signal or multiway (3-way) stop are met for either intersection. Our investigation also included a review of the traffic accident history at these intersections for the five year period 1992 through 1996. There have been a total of seventeen motor vehicle accidents at Cypress Lane and twenty-four motor vehicle accidents at Wilshire Boulevard during this period. The average accident rate for this period is, respectively, 0.81 and 1.00 accidents per million vehicles entering the intersection. The accident rate at both intersections is above the county average accident rate of 0.44 Acc/MV for a tee intersection. Based on our investigation, there is insufficient side street volume to warrant any traffic control changes at this time. However, there is concern with the accident history and, as rime permits, we will conduct a more detailed accident analysis to attempt to derive a conclusion or recommendation as a result. If you have any questions, please call me at 930-2680. Sincerely, Thomas D. Johnson, P.E. Transportation Planning Engineer TDJ:jrh cc: Jim Grube Department of Public Works 320 Washington Avenue South Hopkins, Minnesota 55343-8496 (612)930-2500 FAX:(612)930-2513 TDD:(612)930-2696 MINUTES - MOUND CITY COUNCIL - FEBRUARY 24, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 24, 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, ~s, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, and City Clerk Fran Clark. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a 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 APPROVE THE MINUTES OF THE FEBRUARY 10, 1998, REGULAR MEETING.443-450 i ~ ~ APPROVE THE MINUTES OF THE FEBRUARY 17, 1998, COMMITTEE OF THE I I WHOLE MEETING. 451-452 CASE98-01: VARIANCE, RES. g98~ 453-471 LAKESIDE SETBACK, TO CONSTRUCT A NEW HOME, BRAD STANNARD, 4930 WILSHIRE BLVD, LOT 8, BLOCK 18 & 39, WYCHWOOD PID #24-117-24 14 0051. CASE 98-03: VARIANCE, FRONT AND SIDE SETBACK OF EXISTING GARAGE, TO CONSTRUCT A CONFORMING ADDITION, THOMAS AND PATRICIA PETERSON, 4882 EDGEWATER DRIVE, LOT 13, SUBDIVISION OF LOTS 1 & 32 SKARP & LINDQUIST'S RAVENSWOOD PID//13-117-24 41 0042. RES g98-2~ 472-488 1,3 APPROVAL OF RESOLUTION NO. 98- RESOLUTION AUTHORIZING SUBMITTAL OF 1998 GRANT APPLICATION FOR RECYCLING AND EXECUTION OF GRANT AGREEMENT. RES g98-~'2~ 489-490 CONCEPT APPROVAL FOR THE PURCHASE OF ELECTION EQUIPMENT BY HENNEPIN COUNTY AS PART OF A COUNTYWIDE REPLACEMENT AND UPGRADE. MOTION 491-494 495 RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION RE: VACANCY. *~. PAYMENT OF BILLS. _496-506 · "11 ,I (CDBG) PROGRAM. 1998 COMMUNITY DEVELOPMENT BLOCK GRANT 507-528 Da-,13 0" 5. P~SE~ATION OF 1997 AN~AL ~PORTS: - JON SUTHERLAND, BUILDING OFFICIAL 529-541 - LEN HA~ELL, POLICE CHIEF 542-575 - JOEL KRUMM, LIQUOR STORE MANAGER 576-581 - GINO BUSINARO, FINANCE DIRECTOR 582-595 CONTINUED DISCUSSION: PROPOSED 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 ANY~I~i~ MINORS AND AMENDING SECTION 510:10, SUBD. 2, OF THE CITY CODE RELATING TO FEES FOR CIGARETTE LICENSES. ORD.//96-1998 596-623 - ' 7. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. INFORMATION/MISCELLANEOUS: A. January 1998 Financial Report as prepared by Gino Businaro, Finance Director. B. Park & Open Spacce Commission Minutes - 2-12-98. 626-628 C. REMINDER: D. REMINDER: Joint meeting with School Board re: Joint Powers Agreement is scheduled for Thursday, March 12, 1998. 7:3..0 p.m., Westonka Community Center. -~ ~ t,~~b.~~. CITY COUNCIL PHOTOGRAPH, TUESDAY, FEBRUARY 24, 1998, 6:30 P.M., CITY COUNCIL CHAMBERS. MOTION made b30,.~, ~conded by~-)~ to adjourn at C4:~0 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk