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1998-06-09AGENDA MOUND CITY COUNCIL TUESDAY, JUNE 9, 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. PROCLAMATION DECLARING JUNE 20, 1998 AS MOUND MASONIC LODGE DAY IN THE CITY OF MOUND ............................ 1991 4. *CONSENT AGENDA *A. *B. APPROVE THE MINUTES OF THE MAY 26, 1998 REGULAR MEETING .................................. 1992-2008 SET PUBLIC HEARINGS: *1. FOR CASE #98-05, MAJOR SUBDIVISION, JAMES JOHNSON/ DAVE MOORE, 4901 SHORELINE DRIVE. (SUGGESTED DATE: JUNE 23, 1998) ...................... 2009 *2. FOR CASE g08-28, CONDITIONAL USE PERMIT TO ALLOW TWIN HOMES, JAMES JOHNSON/DAVE MOORE, 4901 SHORELINE DRIVE. (SUGGESTED DATE: JUNE 23, 1998) ...................... 2010 *3. FOR CASE//98-26, CONDITIONAL USE PERMIT, MOTOR FUEL STATION TO BE LOCATED WITHIN THE B-2 ZONING DISTRICT, JAMES SMITH/JAMES KOVACH, 1730 COMMERCE BLVD. (SUGGESTED DATE: JUNE 23, 1998.) ........................ 2011 1988 *C. *D. *E. *F. *G. *I. RECOMMENDATION FROM STAFF REGARDING AN ADDITION OF AN ABUTTING DOCK SITE AT 4586 DENBIGH ROAD .................. (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND TIlE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) 2012-2015 RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF TREES, PUBLIC LANDS PERMIT, ADAM HAWKINSON, 1718 EAGLE LANE, WIOTA COMMON ............................................ (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) 2016-2018 RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF TREES, PUBLIC LANDS PERMIT, DON SWENSON, 4857 ISLAND VIEW DR., DEVON COMMON ............................................ (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) 2019-2026 RECOMMENDATION FROM STAFF REGARDING THE REMOVAL OF TREE, PUBLIC LANDS PERMIT, RAYMOND SALAZAR, 4559 ISLAND VIEW DR., DEVON COMMON ............................................ 2027-2033 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) POLLING PLACE CHANGE ..................................... 2034 LICENSE RENEWALS: CLUB ON-SALE, SUNDAY SALES, ON-SALE WINE, ON-SALE BEER, OFF-SALE BEER, TREE REMOVAL LICENSE AND TRANSIENT MERCHANT LICENSE ....................... 2035 PAYMENT OF BILLS ..................................... 2036-2050 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. CONTINUED PUBLIC HEARING: STORM WATER UTILITY ORDINANCE. 2051-2067 ~ VARIANCE, SIDE YARD SETBACK, MICHAEL & KATHY MEYER, 1748 BAYWOOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES, PID # 13-117-24 24 0016 ............................... 2068-2083 1989 ge ~ .......... a I Iii EXECUTIVE SESSION: WOODLAND POINT LITIGATION. INFORMA TION/MI$CELLANEO US , Ao Fe Department Head Monthly Reports for May 1998. ................ 2085-2112 Draft of the 1999 Proposed LMCD Budget .................... 2113-2118 Memorandum from Diane Lynch, Minnehaha Creek Watershed District Executive Director, regarding the appointment of liaisons from the City of Mound to interface with the MCWD Board Liaison which is Tom Maple. Who should be the liaison? My recommendation would be to appoint the City Manager as the official liaison and then I can communicate between the MCWD Board liaison and the City Council. What do you think? ...................................... 2119 Park and Open Space Commission Minutes of May 14, 1998 ........... 2120-2124 Letter from Moody's Investors Service regarding the change in definitions of the ratings used by Moody's. Mound has been given a designation of an A2 rating ...................................... 2125-2126 Information from West Hennepin City Managers/Administrators/City Clerks regarding focus groups on human services planning and coordination in the West Hennepin area and the announcement of some upcoming meetings .... 2127-2133 1998 Salary Survey for Elected Officials as prepared by the Association of Metropolitan Municipalities (AMM) ................. 2134-2142 REMINDER. ANNUAL PARK TOUR, THURSDAY, JUNE 11, 1998, 7 P.M. MEET AT CITY HALL. REMINDER. COMMITI'EE OF THE WHOLE MEETING, TUESDAY, JUNE 16, 1998, 7:30 P.M., CITY HALL. 1990 MINUTES - MOUND CITY COUNCIL - JUNE 9, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 9, 1998, at '7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, ity Clerk Fran Clark...andhthet3.a following interested citizens: ~tr,,. S u.~ka.n$o.~{2 ~' 3"o~. ~.Onv. a.~, a~.~-~ d~~ 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 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. o 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. e 1991 PAOg PROCLAMATION DECLARING JUNE 20, 1998 AS MOUND MASONIC LODGE DAY iTY 4. *CONSENT AGENDA *A. APPROVE THE MINUTES OF THE MAY 26, 1998, REGULAR MEETING. 1992-2008 *B. SET PUBLIC HEARINGS: (SUGGESTED DATE:JUNE 23, 1998, FOR ALL THREE 2009 *1. FOR CASE 1/98-05, MAJOR SUBDIVISION, JAMES JOHNSON/DAVE MOORE, 4901 SHORELINE DRIVE. 2010 *2. FOR CASE//98-28, CONDITIONAL USE PERMIT TO ALLOW TWIN HOMES, JAMES JOHNSON/DAVE MOORE, 4901 SHORELINE DRIVE. 2011 *3. FOR CASE g98-26, CONDITIONAL USE PERMIT, MOTOR FUEL STATION TO BE LOCATED WITHIN THE B-2 ZONING DISTRICT, JAMES SMITH/JAMES KOVACH, 1730 COMMERCE BLVD. *C. RECOMMENDATION FROM STAFF REGARDING AN ADDITION OF AN ABUTTING DOCK SITE AT 4586 DENBIGH ROAD. 2012-2015 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) *D. RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF TREES, PUBLIC LANDS PERMIT, ADAM HAWKINSON, 1718 EAGLE LANE, WIOTA COMMON. 2016-2018 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UI~N AS SOON AS POSSIBLE.) *E. RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF TREES, PUBLIC LANDS PERMIT, DON SWENSON, 4857 ISLAND VIEW DR., DEVON COMMON. 2019-2026 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) *F. RECOMMENDATION FROM STAFF REGARDING THE REMOVAL OF TREE, PUBLIC LANDS PERMIT, RAYMOND SALAZAR, 4559 ISLAND VIEW DR., DEVON COMMON. 2027-2033 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UI~N AS SOON AS POSSIBLE.) *G. POLLING PLACE CHANGE. 2034 *H. 2035 LICENSE RENEWALS: CLUB ON-SALE, SUNDAY SALES, ON-SALE WINE, ON- SALE BEER, OFF-SALE BEER, TREE REMOVAL LICENSE AND TRANSIENT MERCHANT LICENSE. *I. PAYMENT OF BILLS. 2036-2050 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. 6. CONTINUED PUBLIC HEARING: STORM WATER UTILITY ORDINANCE. 2051-2067. .... C) ~, ._' n ..t_ ...s-,~ 7. CASE g98-25: VARIANCE, SIDE YARD SETBACK, MICHAEL & KATHY MEYER, 1748 BAYWOOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES, PID # 13-117-24 24 0016. 2068-2083 ~ 8. EXECUTIVE SESSION: WOODLAND POINT LITIGATION..- "~"~ , ~.~¢ s~ ~//: ~ ?.x~. 9. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for May 1998. 2085-2112 B.' Draft of the 1999 Proposed LMCD Budget. 2113-2118 2119 Memorandum from Diane Lynch, Minnehaha Creek Watershed District Executive Director, regarding the appointment of liaisons from the City of Mound to interface with the MCWD Board Liaison which is Tom Maple. Who should be the liaison? My recommendation would be to appoint the City Manager as the official liaison and then I can communicate between the MCWD Board liaison and the City Council. What do you think? D. Park and Open Space Commission Minutes of May 14, 1998. 2120-2124 E. Letter from Moody's Investors Service regarding the change in definitions of the ratings used by Moody's. Mound has been given a designation of an A2 rating. 2125-2126 F. Information from West Hennepin City Managers/Administrators/City Clerks regarding focus groups on human services planning and coordination in the West Hennepin area and the announcement of some upcoming meetings. 2127-2133 G. 1998 Salary Survey for Elected Officials as prepared by the Association of Metropolitan Municipalities (AMM). 2134-2142 H. REMINDER: I. REMINDER: ANNUAL PARK TOUR, THURSDAY, JUNE~ 1998, 7 P.M. MEET AT CITY HALL. ~]'-~~i ~ ~0 COMMITrEE OF THE WHOLE MEETING, TUESDAY, JUNE 16, 1998, 7:30 P.M., CITY HALL. MOTION made by~~, s~onded b~to adjourn at vote was unanimously in favor. Motion carried. 11:3D P.M. The Edward J. Shukle, Jr., City Manager Attest: City Clerk c Z 0 MINUTES - MOUND CITY COUNCIL - MAY 26, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 26, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen, and I2ah Weycker. Also in attendance were: City Manager Edward J. Shulde, Jr., City Attorney John Dean, City Engineer John Cameron, Park Director Jim Fackler, Dan Parks with MRFA, City Clerk Fran Clark and the following interested citizens: Orv Fenstad, Frank Ahrens, Robert Holman, Tom & Amy Reese, Becky Glister, Vince Forystek, Mary Ellen Stoflien, Cathy Bailey, Marie Johnson, Mike Wallis, Bob & Connie Schmidt, Barb Casey, Tom & Kathy Latchan, Becky Sherne, Greg Knutson, Shari Casey, Mark Dummer, Jim Schoening, Joan Evans, David Osmek, Kathy Meyer, Ron Motyka, Frank Mulvey, Matthew Phillippi, Jack Fallon, Delton Renspe, Bill & Dorothy Netlm, Dennis Kohls, Robert & Margaret Hanson, Randy Johnson, Larry Cable, Jan DenBeste, John Edewaard, Robert Mitchell, A1 & Elke Wigand, Jack Fallon, and Pam Amidon. 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. Councilmember Jensen asked that the following 2 Planning & Zoning Cases be removed from the Consent Agenda: Case g98-20 and/~98-12. Councilmember Hanus asked that the following 2 Planning & Zoning Cases be removed from the Consent Agenda: Case g98-24 and g98-12. *CONSENT AGENDA MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda as amended. A roll call vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE MAY 12, 1998, REGULAR MEETING. MOTION Hanus, Weycker, unanimously. *1.1 APPROVE THE MINUTES OF THE MAY 19, 1998, COMMITTEE OF THE WHOLE MEETING. MOTION '1.2 MOUND CITY COUNCIL MINUTES - MAY 26, 1998 Hanus, Weycker, unanimously. CASE # 98-19: VARIANCE, FRONT YARD SETBACK, SIDE YARD SETBACK, DELTON & EVELYN RF~NSPE, 3003 BLUFFS LANE, LOT 1, BLOCK 1, THE BLUvI~S, PID # 22-117-24 44 0001. RESOLUTION//98-55 RESOLUTION TO APPROVE A FRONT YARD AND SIDE YARD VARIANCES IN ORDER TO ALLOW FOR REPLACING THE EXISTING DECK, AT 3003 BLUFFS LANE, LOT 1, BLOCK 1, THE BLUFFS, PID 22-117-24 44 0001, P & Z CASE//98-19 Hanus, Weycker, unanimously. '1.3 CASE # 98-21: VARIANCE, FRONT YARD SETBACK, ALLAN C WIGAND, 475 HAMPTON ROAD, LOTS 28-29-30, BLOCK 10, PEMBROKE, Pl]) # 19-117-23 0106. RESOLUTION//98-56 RESOLUTION TO APPROVE A FRONT YARD VARIANCE IN ORDER TO ALLOW FOR A NONCONFORMING ADDITION TO THE EXISTING NONCONFORMING DETACHED GARAGE, AT 4754 HAMPTON ROAD, LOTS 28-29-30, BLOCK 10, PEMBROKE, PID 19-117-23 33 0106, P & Z CASE //98-21 Hanus, Weycker, unanimously. *1.4 CASE //98-25: VARIANCE, SIDE YARD SETBACK, MICHAEl. & KATHY MEYER, 1748 BAYWOOD SHORK$ DRIVE, LOT 5, BLOCK 6, REPLAT OF HARRISON SHORKg, PID # 13-117-24 24 0016. RESOLUTION $98-57 RESOLUTION TO APPROVE A SIDE YARD AND LOT FRONTAGE VARIANCES IN ORDER TO ALLOW FOR MODIFICATIONS TO A CONFORMING DECK, AT 1748 BAYWOOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES, PID 13-117-24 24 0016, P & Z CASE//98-25 Hanus, Weycker, unanimously. '1.5 CASE # 98-29: VARIANCE EXTENSION: FROM CASE 97-15, MARK MULVEY 5900 CHESTNUT ROAD, LOT 24, KOEHLER'S 2~ ADDN TO MOUND, PID# 14 117-24 43 0006. MOUND CITY COUNCIL MINUTES- MAY 26, 1998 RESOLUTION #98-58 RESOLUTION TO APPROVE A ONE (1) YEAR EXTENSION OF A VARIANCE ORIGINALLY APPROVED BY RESOLUTION //97-37 FOR 5900 CHESTNUT ROAD, LOT 24, KOEHLER'S 2~ ADDITION TO MOUND, PID# 14-117-24 43 0006, P & Z CASE//98-29 & 97-15 Hanus, Weycker, unanimously. .1.9 RESOLUTION 98 RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS. RESOLUTION g98-59 RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS Hanus, Weycker, unanimously. *1.10 PAYMENT OF BILLS. MOTION Hanus, Weycker, unanimously. *1.11 CASE # 98-20: VARIANCE, LAKESIDE & SIDE YARD SETBACK, HARDCOVER, ORVAL FENSTAD, 4366 WILqHIRE BLVD, LOT 82, PHELPS ISLAND PARK 1sr DIVISION, PID # 19-11%23 13 0015. Councilmember Jensen was questioned the size of the deck because of a discrepancy between the proposed resolution and the request. She also thought there may be an overage on the hardcover. She felt the resolution did not clearly state what is being authorized. Councilmember Hanus stated that he believes the new deck is permeable so it would not affect the hardcover. The Building Official agreed. After discussion, the following revisions to the proposed resolution were considered: 4th Whereas to read as follows: WHEREAS, the proposed deck will be 8 feet in width and will be 41 feet from the Ordinary High water requiring a 9 foot lakeside setback variance: and #1 under NOW, THEREFORE BE IT RESOLVED is to read as follows: The City does hereby grant a 9 foot lakeside setback variance and recognizes a 418 square foot hardcover variance, as recommended by the Planning Commission. MOUND CITY COUNCIL MINUTES- MAY 26, 1998 Jensen moved and Ahrens seconded the following resolution with the corrections above: RESOLUTION g98-60 RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE IN ORDER TO ALLOW FOR A NONCONFORMING DECK, AT 4366 WILSHIRE BLVD, LOT 82, PHELPS ISLAND PARK 1~ DIVISION, PID 19-11%23 13 0015, P & Z CASE//98-20 The vote was unanimously in favor. Motion carried. '1.12 CASE g 98-24: VARIANCE, SIDE YARD SETBACK, THOMAS REESE, 5641 BARTLETT BLVD, P/SECTION 23, PID g 23-117-24 14 0003. Councilmember Hanus stated that the only issue he has on this item is as was discussed at the Planning Commission that this lot has four accesssory structures and this size lot is only allowed three. He stated this is an additional variance that is not reflected in the proposed resolution. Councilmember Hanus proposed the following changes in the proposed resolution: Add the following WHEREAS, WHEREAS, there are four existing accessory structures and Mound City Code allows 3 accessory structures for this size lot; and Change gl under NOW, THEREFORE BE IT RESOLVED to read as follows: 1. The City does hereby recognize a .8 foot side yard, a 38 foot lakeside setback variance, and recognizes four accessory structures as recommended by the Planning Commission. Hanus moved and Jensen seconded the following resolution as amended above: RESOLUTION//98-61 RESOLUTION TO APPROVE A SIDE YARD AND LAKESIDE SETBACK VARIANCES IN ORDER TO ALLOW FOR A CONFORMING DECK, AT 5641 BARTLETT BLVD., P/SECTION 23, PID 23-11%24 14 0003, P & Z CASE//98-24 The vote was unanimously in favor. Motion carried. · 1.13 CASE g 98-12: VARIANCE, FRONT YARD SETBACK, SIDE YARD SETBACK REAR YARD SETBACK, MATT PHILLIPPI, 4519 MANCHFSTER ROAD, LOT .2.2 AND PART OF LOTS 1,2,3, & 5, BLOCK 14, AVALON, PID g 19-117-23 31 0059. Councilmember Hanus stated this is a recommendation for denial and there is no proposed resolution. The Building Official explained the request is to recognize a number of variances. The applicant has proposed 4 different options: 1. Building new roof structure to replace/repair the existing. The pitch, overhang and configurations would be changed to allow adequate venting, 4 MOUND CITY COUNCIL MINUTES- MAY 26, 1998 insulation and protection for the existing stair. Same as #1 except that the roof would be framed to allow a loft bedroom. Build addition to allow a stairway to be built from the garage to the main floor. Same as #3 except that the roof would be framed to allow a loft bedroom. The Planning Commission recommended denial based on no practical difficulty and no hardship. The Council discussed the fact that this structure does not meet the minimum square footage of 800 square feet for a dwelling. The Building Official reviewed the resolution from 1991, (Resolution 4/91-135). Councilmember Jensen stated she remembered this resolution and the discussion and it was passed reluctantly by the Council at that time. It was their opinion that this structure should have been removed at that time, but the Council could not take good information into a court case at that time. The Building Official reviewed part of the Planning report from 1991, which read as follows "The nonconforming use provisions of the Zoning Code allow improvement of a structure that required improvements do not exceed 50% of the fair market value ............ "Further, "Despite the poor condition of the structure and the added hinderance of the poor site distance when exiting onto the street from the attached garage, the value of the improvements has been shown to be within the tolerances established in the Mound Zoning Code." The Building Official stated the structure is only 1 foot from the street. The Council discussed why this property was given a variance in 1991. The City Attorney advised that when that variance was given, this is what the applicant was asking for, which was asking that an existing structure be allowed to exist as it was. Now he is asking to expand that structure. Matthew Phillippi, stated he is just proposing to extend his soffits to protect the stairwell. The City Attorney stated that if the Council desires, it can adopt a resolution of denial tonight, based upon the action of the Planning Commission as reflected in the Planning Commission Minutes of May 11, 1998, and adopting those Minutes as part of the findings. Hanus moved and Ahrens seconded the following resolution directing staff to prepare a resolution of denial adopting the f'mdings as stated in the Planning Commission Minutes of May 11, 1998: RESOLUTION g98-62 RESOLUTION TO DENY THE REQUEST IN P & Z CASE g98-12, REQUESTING AN EXPANSION OF A NONCONFORMING USE AT 4519 MANCHESTER ROAD, LOT 22 AND PART OF LOTS 1, 2,3, & 5, BLOCK 14, AVALON, PID #19-117-23 31 0059. The vote was four in favor with Mayor Polston abstaining. Motion carded. The Mayor stated he abstained from voting because of the time line, (the date this variance application was received was February 20, 1998). MOUND CITY COUNCIL MINUTES- MAY 26, 1998 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT There were IlOlle. 1.14 ADD-ON ITEM - PUBLIC GATHERING PERMIT The City Manager explained that the Silverado Bass Tournament is asking to use Mound Bay Park for a Weigh-In only on Saturday, May 30, 1998. They had arrangements for this at an establishment in Excelsior but were told this week that this would not work out. They have all their permits and are requesting the use of Mound Bay Park for the Weigh-In. MOTION made by Ahrens, seconded by Jensen to approve a Public Gathering Permit for the Silverado Bass Tournament Weigh-In only at Mound Bay Park, Saturday, May 30, 1998. The vote was unanimously in favor. Motion carried. 1.15 PUBLIC HEARING: AN ORDINANCE AMENDING CHAPTER VI OF THE CITY CODE, BY ADDING SECTION 650 RELATING TO STORM SEWER SYSTEM AND TO IMPOSE JUST AND REASONABLE CHARGES FOR THE USE AND AVAILABILITY OF STORM SEWER FACILITIES The City Manager explained that the Council has been discussing the creation of a storm water utility for about a year. The purpose of this utility will provide the City with a fair method of financing needed operations and maintenance to the overall drainage system in the City. The utility would also provide funding for improvements such as the possible acquisition of property for regional storm water ponds and/or the maintenance of such ponding areas. Federal and State laws are mandating that we put together a stormwater management plan. This is an expensive study, analyzing what the City does with its stormwater, where the runoff goes, whether there are retention ponds for the stormwater, and calculating the amount of flow into the Lake. He then introduced, John Cameron, City Engineer, and Dan Parks, also with MFRA to add comments and answer questions on this. The City Manager stated that if the Mound Visions program is implemented in the downtown area, there are requirements that have to be met relating to ponding to handle the downtown area's drainage system. Specifically the City will be required to have regional ponds in its downtown area to handle drainage of the redeveloped area as well as account for other drainage issues in the community. Costs associated with the redevelopment of the downtown under Mound Visions would certainly be eligible for payment out of a storm water utility fund. Other costs, such as street sweeping, which are now paid for out of the General Fund, could be paid for out of the storm water utility fund. The City Manager stated there is a proposed ordinance which would create a storm water utility. The fees to be charged would be established later after the City has had the opportunity to study the issues in more detail. He further stated that many cities have established rates based on acreage. Many of the cities surveyed charge residential users $1.00 to $3.00 per month. It is likely that residential customers in Mound will pay between $1.00 and $3.00 per month. Dan Parks, MRFA, stated he is here to answer any questions about what other cities are doing with their storm water utility funds. It is a program that can be used for maintenance of existing MOUND CITY COUNCIL MINUTES- MAY 2~, 1~)8 storm sewers, cleaning out existing storm water ponds, or small construction projects that are hard to assess and show benefit. City Engineer, John Cameron, stated that the Street Department has several locations in the City of Mound where improvements are needed in the storm sewer system, and without budgeting specifically for those, they do not have the money to do those improvements. The Mayor explained that there are many Federal and State regulations which deal with storm water and storm water management. We are mandated by the State to come up with a Stormwater Management Plan and to implement that plan as part of our Comprehensive Plan review. The Council has chosen to use this stormwater utility, rather than using the General tax base to generate the money needed to carry out these functions. The Mayor opened the public hearing. The following persons spoke: Joan Evans, 2571 Lakewood Lane - Asked if the County would be contributing to this fund for the water that comes off of the County Roads? Dan Parks, MRFA, stated that typically the County does not contribute to storm water utility programs. They may participate in specific projects in which they receive benefit. Ms. Evans then asked if there would be a difference in rates between commercial and residential? The City Manager stated there would be 7 classifications and rates and charges for the use and availability of the system would be determined through the use of a ("Residential Equivalent Factor") REF. The classifications would be as follows: 2. 3. 4. 5. 6. 7. Cemeteries Parks and Railroads Two-family Residential Single-family Residential Public and Private Schools and Institutional Use Multiple-family Residential and Churches Commercial, Industrial and Warehouse Uses Ms. Evans asked what acreage is being considered for single-family residential? The City Engineer stated the proposed ordinance is at .5 acre. He further stated that any new development is required to do some ponding or pay fees, but the Watershed District handles this. Mike Wallis, 4977 Brunswick Road - Asked if this would be something we would have to do if the downtown was not being rehabilitated? The Mayor answered, yes, we still need to comply with the mandates and do a stormwater management plan. Dan Parks, MRFA, stated that the Watershed District approved their plan in January 1997 and we have two years from that date to adopt a local plan that generally consists of the watershed's plan as well as other statutes and requirements of the State. The City Manager explained that rates have not been decided, but as he stated before $1.00 to $3.00 per month is typical for what cities our size would charge a residential customer. We will know better once we have a stormwater, management plan and determine the actual flows that are expected. 7 MOUND CZTY ¢~¢//'~ MZNT. Z~$ - M.d¥ ~6, Jack FaHon, 5862 Bartlett Blvd. - objected to being taxed further and suggested unincorporating the city so that Federal and State mandates would not have to be followed. He stated he practices sovereignty in the State of Minnesota. He stated he is not taxed by the State of Minnesota or the Federal Government. Pam Amidon, 1909 Lakeside Lane - Stated she would like to see a copy of the proposed stormwater utility ordinance. She will be provided a copy. Vince Forystek, 3131 Inverness Lane - Asked if he could have the state and federal rules and regulations that mandate this? The Mayor stated all these are available through the State of Minnesota. Mr. Forystek then asked if there will be a plan before the rates are set? The Mayor explained that the ordinance sets up Stormwater Utility so that we can proceed to put the plan together. This is not an overnight process. Mr. Forystek then asked what the plan will cost? Robert Holman, 4851 Pheasant Circle - Asked what other communities about the same size have paid for a plan? Dan Parks, MRFA, stated there is a fairly wide range of fees for preparing a stormwater management plan according to State rules. He stated he has seen plans prepared for $50,000 and as high as $200,000. The City of Minnetrista is paying between $50,000 and $60,000 for preparation of a stormwater management plan. The City Manager stated that this utility is not a one time charge, it's an ongoing charge that will cover the costs associated with managing stormwater beyond the plan. Mr. Holman, asked if there is a particular reason why this money has to come from a particular tax as opposed to coming through the General Fund? The City Attorney explained that one of the reasons that cities have the ability under state law to have this kind of a charge is because cities were encountering difficulties in funding necessary activities through other methods. The typical method is special assessments. Normally the people at the top of the hill benefit greatly from a stormwater system, but they don't benefit any, in the sense, that they can be specially assessed for it. It's the people at the bottom of the flood area that every time it rains benefit from the system, but they are a small portion of the people who can pay. As a result, special assessments have never worked well for this sort of thing. Ad valorem taxes are not very equitable in terms of this type of thing because they are based upon the value of the property, not upon the contribution that a property may make to stormwater problems so the Legislature, a number of years ago gave cities the authority to impose charges based upon contribution to the problem rather than other traditional methods of funding these kinds of activities. Many cities have found that this is an appropriate, fair and equitable way to do it. We are talking about a way of funding costs that are out there anyway, not to create new costs and a new mechanism to fund them. The Attorney stated that the mechanism that is being proposed will probably impose a greater fee on certain commercial and industrial users because they generate a lot more water runoff because of parking lots and other impervious surfaces. They are also the ones that have the highest value for tax purposes, but that is not the focus. It is the impervious surface that is the focus. Mark Johnson, 1582 Bluebird Lane - asked if after this stormwater system is built and the expenditures are paid for, and the cost of maintaining the system goes down, would the tax go down too? The Mayor stated that the vast majority of the infrastructure, the MOUND CITY COUNCIL MINUTES- MAY 26, 1998 stormwater system, is in place already. The reason for the stormwater management plan, as indicated, is because the State and the watershed district (MCWD) have mandated that we come up with a stormwater management plan. The reason for the utility is to spread the cost of maintaining that system and future expansions somehow driven by usage rather than just property taxes, which is what the City is using today in order to maintain the storrnwater system that is in place. Dan Parks, MRFA, stated that the City is not looking at developing a large public works project. The funds raised from this stormwater utility will be used for maintenance and cleanup of existing facilities. Vince Forystek, 3131 Inverness Lane, stated he would like to see a plan that says it will cost so much, and then it's done. He stated it looks to him like a tax so that we can build some ponds in a City project so that it can ultimately go into a fund for dredging the canal that the City can't pay for. Dave Osmek, 2160 Basswood, asked about whether these ponds were part of the downtown redevelopment plan when it was approved? The City Manager stated that the redevelopment of downtown has been in the process for 8 years. Since that time, the Feds and the State have mandated that we have a stormwater management plan and require us to do these retention ponds when we have major projects like this. They are on the concept drawing now, but the estimate on what the relocation of County Road 15 is going to cost is still in the future because it's not eligible for construction until at least the year 2000 and it may be later. So the City of Mound will be forced to acquire right- of-way for building the highway. The County will participate, but they do not pay the costs for acquiring the right-of-way to build the road as well as these ponds which have to be built as part of the project, to handle the stormwater that will be involved in the redevelopment of downtown. There is not a firm construction cost on the relocation of County Road 15. Vince Forystek, 3131 Inverness Lane, complained about all the taxes, school district, city, etc. He then asked if the City has a huge reserve fund. The City Manager stated that the General Fund Balance is enough to carry the City through the time before it receives the tax settlements from the County. The Mayor stated this stormwater management plan would have to be done even if we weren't contemplating the redevelopment of downtown. The downtown development is not driving the stormwater management plan. This has been mandated by the State and the watershed district. The stormwater utility is an effort by the City Council to spread the costs more evenly. This is not an effort to expand the stormwater system or to put infrastructure in place. Dave Osmek, 2160 Basswood, asked what would happen to the money already budgeted for maintaining storm sewers in the regular budget? The Mayor stated he would like to see this money go toward the development of a stormwater management plan. The Council agreed. Mr. Osmek then asked if the user fee generated from this utility fund would be dedicated to maintain the stormwater system? The City Attorney stated, yes. The City Attorney stated that the ordinance authorizes the City to have a stormwater utility. Then, in the future, the Council would set the rates by resolution. The Council will, at that time, look at the detail of the cost analysis and will have better figures for the sources and uses of the money that will be generated. MOUND CITY COUNCIL MINUTES- MAY 26, 1998 Randy Johnson, 2602 Tyrone, asked if there was an option to sell bonds for this? The City Attorney, stated this is not an option. The City Attorney stated you are better off if you accumulate a fund and don't have to sell bonds because that way the fund is growing because of interest you are earning, rather than having to go borrow money and pay a bank or bond holders interest after having sold the bonds, plus, pay the very considerable cost of selling bonds. Becky Glister, 5008 Wren Road, asked what the penalties would be if the City does not adopt a stormwater management plan? Dan Parks, MRFA, explained that the Met Council is requiring the stormwater management plan be completed as part of the Comprehensive Plan Update. He further explained that the Met Council can affect how the City deals with sewers or sewer extensions, in terms of permitting or not permitting these things to happen. Councilmember Jensen stated this is a question that the Council also asked. Jon Edewaard, 5125 Hanover Road, asked if there are any more approvals needed relating to the Lost Lake Canal Project? He asked if those approvals are contingent upon adopting the stormwater management plan and this utility? The Mayor stated, no, not that he is aware of. Mr. Edewaard stated that he thinks the dredge of Lost Lake and the Lost Lake project is contingent upon the Council adopting the stormwater utility. The Council stated that is not true. The City Manager stated that the City did a Comprehensive Plan Update in 1990 and is working on another update now, that is scheduled for completion the first part of 1999 and the Stormwater Management Plan is going to be part of the Comprehensive Plan Update. He further stated that the permits have been granted by the agencies that needed to grant them for the dredge. Permits have been issued from the Army Corps of Engineers, the Watershed District (MCWD), the LMCD, and the Minnesota Pollution Control Agency and none of them was contingent upon Mound adopting this stormwater management utility. The City Attorney asked if Mr. Edewaard was referring to a couple of years ago when the watershed district was thinking of requiring the City to enter into a regional ponding or cooperative ponding agreement with them before they would give the final permissions for the downtown? The City Attorney stated that the watershed district, however, relented on that and allowed this project, as well as others to go ahead without the need for that agreement. The Council explained that the Stormwater Management Plan would have to be adopted regardless of what is going on downtown. The idea of a Stormwater Utility is to pay for that plan. The City Attomey stated that he would like to respond to the question of what if the City does nothing? The Council stated they, too, would like to know. The Mayor closed the public hearing. MOTION made by Hanus, seconded by Ahrens to continue this public hearing to June 9, 1998, and directed the Staff to find out what will happen if the City does not adopt a Stormwater Management Plan. 10 ;tool MOUND CITY COUNCIL MINUTES - MAY 26, 1998 The Council discussed the fact that the answers to adopting a Stormwater Management Plan affect whether we need to implement the Stormwater Utility Ordinance. That means both the Plan and the Utility Fund ordinance will be continued until June 9, 1998. The vote was unanimously in favor. Motion carried. 1.16 REPORT FROM STAFF REGARDING FACTS ASSOCIATED WITH DOCKg42129 (BARB CASEY}, The City Attorney stated that Councilmember Ahrens has asked him to inform the City Council that she has voluntarily decided to absent herself from the Council table at this point and will not participate in these discussions. The City Manager explained that at the last meeting the Council directed that the Staff prepare a fact finding report indicating what the safety issues were in the Roanoke Access area, specifically the Casey dock that is located in the front of the Ahrens property on Commons. The Park Director prepared the report that is in the packet. The Mayor commented that in this report there are a number of items which can or could be done, in the Staffs opinion, that would eliminate or alleviate a safety situation. The report is not specific and lists a number of items. He stated that as far as he is concerned, the Staff has the authority to implement whatever they need to do to assure the health, safety and welfare of the people who are using that Commons and docks. The Casey dock is installed. The Mayor asked if there were any questions or comments by the Council. Councilmember Hanus asked for clarification on the following that was in the report because if wasn't very specific: 1. Hanus asked Mr. Fackler, "If you picture yourself walking down the access and then down the shoreline to access this general area, this dock site's water space, either east end or west end, where are you walking? Are you walking on the hillside, on top of the rip-rap, or where?" Mr. Faclder responded, "In this area when you start out you are down by the rip-rap, and as you get in front of the abutting home (Gabos), you begin going up a little bit of an incline and at that point is about the point where this dock site location would begin. It is about a 40 foot site. So as you start going toward the center of the dock location, you are going up hill. By the time you get to about the middle of the dock location, that's where you start going back downhill. You are up from the shoreline about 4 feet from the rip-rap, and then once you get over the middle of the dock location, there is a slight hill which does not have any ground cover on it at this time. It is the area that is adjacent to the retaining wall." Councilmember Hanus stated that he has a picture of the top of that rip-rap and he asked, if Mr. Fackler would show him where he was talking about walking. He asked why he would not walk on top of the rip-rap where it is flat." Mr. Fackler responded, "You could walk on the first few feet of rip-rap, but after that you would be walking one foot on the hill and one foot on the rip-rap and also MOUND CITY COUNCIL MINUTES - MAY 26, 1~)8 one of the things that he looked at when he looked at it was that would be at the far westerly end of the dock location which would then begin to upset the next abutting dock location. It would be to the far end of their allotted 40 feet." Councilmember Hanus stated, "I walked that today, and if you want to walk on the hillside, as you're describing you can, but first of all the hillside doesn't show any evidence that people are doing that because it is pretty lush grass there, but use does show on the top of the rip-rap. It's flat. I walked very easily next to the rip-rap up to the large tree. I can't get beyond, why someone would walk on the hillside when they have a flat area to walk on." He stated he did not understand that. It has been talked about several times, but no one seems to address this." Mr. Fackler stated that when he looks at an area, he does not look at rip-rap when it is installed as making an area traversable. He stated he stays on the grass area when he walks it. He suggested asking the people who utilize the area. He stated that he agrees that when you begin the 40 feet it is traversable on the grass, but then it narrows down and you would have two different footings. He stated that putting the rip-rap there was not to make it traversable, it was to save the shoreline. Mr. Fackler pointed out that one of the things that is done when a site is assigned, they ask the person to go down and visit the site. He is very specific as to where it is and how the access point goes and where the boundary lines are. Then the person comes back and says whether it is acceptable or unacceptable. Councilmember Hanus stated that it is pretty obvious, when you look at the current site, that in order to gain access there has been some pretty large trimming going on. He stated he did not know if they were done some time ago, but some trees have been cut down and some large branches cut off to gain access, which would probably have to take place to get reasonable access to that site. He asked if Mr. Fackler, is endorsing trimming in order to gain access, even if there are alternatives. Mr. Fackler stated that this individual has been at this dock site for over ten years and Staff has never had a request from them asking about trimming. If there is a request, it has to go through a Public Lands Permit procedure. Mr. Fackler stated Staff does not just go out and approve these. Councilmember Hanus stated that this has already taken place and will in the future continue to take place whether by permit or not by permit. It's so far taken place without a permit. It will probably continue in order to use that dock site. Mr. Fackler stated that he believes there is an application for a Public Lands Permit to do trimming within that area. That will be coming forth. Councilmember Hanus asked Mr. Fackler if there is a policy that a dock holder can move anywhere within their water space that they please. Mr. Fackler stated that this is not tree. The policy is that there is discretionary ability of the Dock Inspector to determine where the best access is within an area, based on either the individual asking to move within that area due to a new boat or a new dock design. We do say no if it will not fit in an area. The City does not just go in 12 ,~ 00,3 MOUND CITY COUNCIL MINUTES - MAY 26, 1998 and indiscriminately move people around. All sites are inspected about 4 times a year. The City relies on the individuals to notify us if there is a problem that occurs somewhere in between. Generally requests come from the individual. Councilmember Hanus pointed out that even though this particular site holder has been there for approximately 10 years, the area has changed substantially in the last three years. Councilmember Weycker stated she feels Councilmember Hanus is assuming that people aren't going to traverse past that part, but there are at least 2 more dock sites that have been previously issued beyond that site. Councilmember Hanus stated he is only talking about the Casey site not the other two sites. Councilmember Weycker stated that she also took pictures and the hill that Councilmember Hanus is talking about is only about 1 foot high. Councilmember Hanus stated that the hill he is talking about is if you are standing along the top of the rip-rap, it is about waist high. Barb Casey, 4704 Island View Drive, stated she is the one who traverses this area to her dock and there is not a lot of traffic to her dock. Councilmember Hanus asked Ms. Casey where she walks to get to her dock. Ms. Casey responded that she walks on the rip-rap for awhile and then in the middle of the hillside then up and around the tree and down to her dock. Ms. Casey suggested that 3 of the 6 trees be removed. She stated she would be willing to sod the area and stake it or a step could be put in there and then there would be access to the docks that are further down from hers and public property would remain public property. She further stated she is getting a cost estimate on this. The Mayor stated he objects to a step because it is placing another obstacle in the area. Councilmember Hanus stated that if a step or steps are put in, there needs to be Public Land Permit. Ms. Casey stated she is aware of this. Ms. Casey asked about the availability of the docks beyond hers. The Mayor stated this is not an Agenda item for this meeting. The Mayor stated that the City Staff has the authority to make a determination as to what needs to be done in order to satisfy any safety concerns that are there. Gene Smith, 4705 Island View Drive, asked whael~.t.h..e,,two dock sites beyond Ms. Casey s were eliminated? Councilmember ~ called for a point of order. The Mayor stated this item is not on the Agenda and will not be discussed this evening. The City Attorney stated he thinks those questions can be answered by contacting the City Manager during regular business hours. 1.17 1997 ANNUAL FINANCIAL REPORT - STEVE MCDONALD, ABDO, ABDO, EICK & MEYERS. Finance Director, Gino Businaro, introduced Steve McDonald from Abdo, Abdo, Eick & Meyers, who reviewed the management letter and the 1997 annual audit report with the Council. Ahrens moved and Jensen seconded the following resolution: 13 MOUND HOUSING AND REDEVELOPMENT AUTHORITY Indian Knoll Manor # Check No. Vendor/Merchant Amount Comments 1 AT &T $368.45 AOL & HOTEL 2 B F I 217.18 3 GLENWOOD 13.42 4 NSP 1,110.81 $ UNI DIAL 4.05 iLONG DISTANCE 6 SAMS 70.12 7 KAROL CHARON 97.55 MILEAGE 8 PAUL KRONHOLM 31.94 MISC. SUPPLIES 9 I O S CAPTIAL 57.57 COPIER LEASE 10 ADAMS 49.88 11 WATER SPECIALISTS 247.61 SOFTNER SALT 12 PEACHTREE 246.00 RENT RECEIPTS 13 M E I 138.00 14 KOPSA, SYLVESTER 211.00 15 MINNEGASCO 1,069.00 16 AL MASTER PLUMBING 136.00 17 CITY OF MOUND 1,340.61 18 GLASS PLUS 274.37 REPLACE WINDOW 19 STA SAFE LOCK 101.43 20 COAST TO COAST 148.80 21 URBAN SALDEN 34.53 22 PAUL KRON HOLM 1,091.49 23 BETTY KRONHOLM 206.41 24 KAROL CHARON 843.54 25 I R S 693.25 26 MN DEPT OF MN 271.00 27 28 29 3O 31 32 33 34 35 TOTAL: $9,074.01 TOTAL ACC. PAYABLE Begining Bank Bal. Deposits MTD ENDING BANK BALANCE Signature: $9,074.01 $21,189.95 $9,228.00 $21,343.94 AccPay 06~08~98 MOUND CITY COUNCIL MINUTES- MAY 26, 1998 RESOLUTION//98-63 RESOLUTION ACCEPTING AND APPROVING TIIE AUDIT AND FINANCIAL REPORT FOR 1997 The vote was unanimously in favor. Motion carried. 1.18 CABLE TELEVISION FRANCHISE RENEWAL. The City Manager explained that this presentation is to review the Franchise renewal that is being proposed by Triax Cablevision and the City of Mound. The current 15 year franchise expires this year. He introduced Brian Grogan, an attorney with Moss & Barnett, who is an expert in cable TV law regulation. The other cities involved are Wayzata, Waconia and Chanhassen. We have been developing a franchise renewal. What the Council has before them tonight is a Franchise Agreement and a Regulatory Ordinance Agreement. Mr. Grogan reviewed the documents with the Council. The Regulatory Ordinance is intended to become a part of the City's Code and that would govern the operations of any new cable television operator who tries to do business in the City of Mound. We want to create a level playing field for these companies. Right now there is only Triax, but we are seeing around the state there is more and more competition and over the length of a franchise, we hope the competition will come to the City, but we don't want to give any one company an unfair competitive advantage over another. So we have an ordinance that govems the standard operating principles the same. Things such as technical standards, customer service, insurance, indemnification and standard operating requirements. The City Manager has emphasized the importance of customer service, given the recent history here in Mound and in problems relating to the system. They feel the customer service standards contained in the proposed ordinance are very strong and very aggressive and put the City in a much better position than the existing document. The Franchise Agreement being proposed is essentially a contract that would be executed between the City and Triax and it would govern the unique relationship between the City and Triax. In particular it addresses things like the system upgrade. That was the next biggest issue to insure that the system gets improved as quickly as possible and to a state of the art improvement. What these documents require is that Triax will rebuild the system in Mound to a 750 megahertz level. There are only a group of communities on the eastern side of the Twin Cities that have a 750 megahertz system right now so Mound would be among the next wave of communities that would have this state of the art cable television system. It would improve channel capacity, improve reliability, and would improve the signal quality for the subscribers. This will also have a corresponding impact on the customer service issues. Also included in the Franchise Agreement are provisions to adjust local programming and support for that programming, like equipment. Mr. Grogan explained that the reason that we consider renewal with Triax instead of going out for bid is because the Federal Law doesn't work that way in regard to franchise renewal. It is not the same as when the original franchise was issued in 1983. Under Federal Law today, we are required to go through an actual process and the only way you can deny a cable operator the right to renewal is if they have failed to comply with the franchise or if they are otherwise not qualified. This is very rare that an operator doesn't get renewal. The Cities have tried to cut the best deal as possible with Triax and get a new system as soon as possible and improve customer service and then bring it to the Council for consideration. Mr. Grogan stated that this is what has been negotiated with Triax and is being presented this evening. There are a few typos and minor changes that need to be made. He stated he would like to make those changes and bring a clean copy at a future meeting noting the changes. He is looking for conceptual approval with f'mal approval at a later date. The following persons spoke about problems they have had with Triax Cablevision: MOUND CITY COUNCIL MINUTES- MAY 26, 1998 Jan DemBeste, 5212 Lynwood Blvd. Ron Motyka, 1545 Bluebird Lane. Councilmember Ahrens. Mr. Grogan stated that Triax could not add a channel to the system if they wanted to because there is no more capacity that is the antiquated system. With approval of these documents, the City is guaranteed a new system will be built. The City Attorney asked if there has been any thought given to a joint powers entity among the cities to administer the franchises. Mr. Grogan stated there is a Lake Minnetonka Cable Commission (LMCC) but he is representing the cities (Mound, Wayzata, Waconia and Chanhassen) who are not part of the LMCC but have chosen to work together in a loose cooperation. He stated he felt these communities enjoyed their anonymity and wanted to have some autonomy as they moved forward in this. They want to keep their franchise fees and only address cable issues as the need arises. There has been no discussion by these four communities to do anything jointly except as they have been. There were members of Triax Cablevision present. Paul Pecora, Regional Manager from Waseca, addressed the Council on the upgrade to the sytem. This will give them additional channel capacity. The system today is operating at its maximum channel capacity. The new system will also allow them to increase the system reliability. He also stated that customer service is important to them. The City Attorney asked if Triax would agree to putting a provision in the regulatory agreement with Mound that to the extent that you offered, during the term of the franchise, a more beneficial rate or service or any other change to any of the other cities, that you would make the same offer to the City of Mound. Jane Bremer, General Counsel to Triax Cablevision nationally, stated the City Attomey is referring to a "most favored nations" clause which is not something that cable operators will generally agree to. This cable operator has not had any experience in agreeing to it for a variety of reasons. Primarily because cable franchises are negotiated on a community by community level and just as we went through every line and every word of this document with Mr. Shukle and representatives from the other communities, we go through a similar process with every other community where we are negotiating renewals. So what is appropriate for Mound, may or may not be appropriate the next community. They do have provisions in the document for a periodic revaluation where they agree to sit down and work with the City on any issues that it would like to bring up. The Council discussed holding a public hearing. MOTION made by Ahrens, seconded by Hanus to set June 23, 1998, to hold a Public Hearing regarding the renewal of the Franchise Agreement with Triax Cablevision. The vote was unanimously in favor. Motion carried. 1.19 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 II.LEGAL SALE, POSSESSION AND USE OF SUCH ITEM TO ANY MINORS AND AMENDING SECTION 510:00, SUBD.2, OF THE CITY CODE RELATING TO FEES FOR MOUND CITY COUNCIL MINUTES - MAY 26, 1998 CIGARETTE LICENSES. The City Manager reported that this is on the Agenda because the Council extended the current Cigarette Licenses that were to expire on February 28 to May 31, 1998. The direction was to check with Hennepin County and see what their licensing procedures were going to be. The City Clerk reported that she has talked to Howard Epstein at the Hennepin County Community Health Department and the County is still in the early planning stage for doing a County Ordinance to regulate cigarette sales. The County Board has not taken any action on this. No fees have been established. Mr. Epstein faxed a comparison of what the other 6 counties in the metro area are doing at this point. 4 small cities (Greenfield, Hanover, Rockford and St. Bonifacius) have notified Hennepin County that they will not have their own ordinance. The City Manager advised the Council that Christine Valerius of Mainstreet Market submitted a request that this item be tabled until the next meeting because she is unable to attend the meeting tonight. The Council discussed extending all the licenses until February 28, 1999, and monitoring the County to see what they are going to do with licensing and at what cost. MOTION made by Polston, seconded by Weycker to issue all Cigarette Licenses until February 28, 1999, at the current License Fee of $24.00 each and work with Hennepin County when they have adopted an ordinance to license cigarettes. The City Attorney reminded the Council that when the County has a Licensing program up and running, the Council will have to deal with this. The Council discussed the fact that they cannot compare the County restrictions to the City restrictions until the County has a system in place. The vote was unanimously in favor. Motion carried. 1.19 EXECUTIVE SESSION: WOODLAND POINT LITIGATION. The City Attorney explained that the Council went into Executive Session to discuss pending litigation. The Council retumed from Executive Session at 12:50 A.M. The City Attorney stated that they have just concluded an Executive Session to discuss providing direction to the City's Attorneys in connection with the continuing mediation on the Bailey Case involving Woodland Point Commons. The Session did result in direction being given to the attorneys and the attorneys now will take that information and direction into the continuation of the mediation sessions. INFORMATIONIMISCELLANEOUS: A. Monthly Financial Report for April 1998 as prepared by Gino Businaro, Finance Director. Bo Letter from State Representative Steve Smith regarding our letter opposing levy limits and the state sales tax. C. Memorandum from the Metropolitan Mosquito Control District regarding Adult mosquito Eo Fo Go MOUND CITY COUNCIL MINUTES - MAY 26, 1998 control notification procedures. Letter from Mayor Sharon Sayles Belton, Minneapolis, regarding an upcoming luncheon inviting Mayors from surrounding communities to discuss future challenges. The luncheon is scheduled for Thursday, July 11, 1998, Noon - 1:30 p.m., Minneapolis Club, downtown Minneapolis, RSVP'S must be received by June 5. Annual Park Tour with Park and Open Space Commission will be held Thursday, June 11, 7 p.m. Meet at City Hall if you are interested in attending. REMINDER: City offices will be closed on Monday, May 25, 1998 in Observance of Memorial Day. Insert in City Newsletter regarding Storm Sever Utility Ordinance public hearing had typographical error on the time of the hearing on Tuesday, May 26. It should be 7:30 p.m. and not 7 p.m. We will put an notice on the front door in case person are coming for a 7 p.m. hearing. Information received from Keith Rennerfeldt, Hennepin County Assessor's Office regarding the results of the Open Book meeting held earlier this Spring. Also included is some information from the Assessor on the County Property types, classes and class rates. Letter dated May 20, 1998 from Ceil Strauss, Area Hydrologist, DNR, regarding a request to her office to visit the Roanoke Commons area and a report on her visit and her comments regarding the trimming of trees and tree removal along the commons area. Apparently, residents in this area called her office to have her view the area. Memommdum from Jim Fackler, Park Director, regarding the issue of a dock site on Paradise Lane raised at Tuesday's Committee of the Whole meeting. I think the memo is clear that the fee paid by Mr. Klein was paid on time. Ms. Cometet has no valid claim. MOTION made by Polston, seconded by Ahrens to adjourn at 12:55 A.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk Edward J. Shukle, Jr., City Manager 17 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE #98-05 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A MAJOR SUBDIVISION OF LAND LOCATED WITHIN THE R-2 ZONING DISTRICT, LOTS 1-6, BLOCK 3, SHIRLEY HILLS UNIT A, AT 4901 SHORELINE DRIVE PID # 13-117-24 44 0032 P & Z 98-05 NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on TUESDAY, June 23, 1998 to consider the approval of a major subdivision of 4901 Shoreline Drive located within the R-2 Zoning District. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting ....... ./ /'7,,'/~,~ ....... '.. 'i~ris_~t,YPla r~ng Secretary Mailed to property owners within 350 feet of affected property on June 10, 1998 Published in the Laker, June 13, 1998 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE #98-28 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW TWIN HOMES LOCATED WITHIN THE R-2 ZONING DISTRICT LOTS 1-6, BLOCK 3, SHIRLEY HILLS UNIT A, AT 4901 SHORELINE DRIVE PID # 13-117-24 44 0032 P & Z 98-28 NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on TUESDAY, June 23, 1998 to consider the approval of a Conditional Use Permit to allow Twin Homes at 4901 Shoreline Drive located within the R-2 Zoning District. .5 ~2~.~ ~'-' ~;~ ~1 ~ ;L__~l',~c~'., n:,:,, ~~,. _ ~XT.~'~ -- ~ ~ ~,,~-~"e; ..; ~¢ o, ~.,, , . .~ All persons appearing at said hearing with reference t~ above will be given the opportunity to be heard at this meeti.og._ ,./ ..,"~. "---,,., Kr 'q st, -ning Secretary Mailed to prope~y owners within 350 feet of affected prope~y on June 10, 1998 Published in the Laker, June 13, 1998 , ,010 CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE #98-26 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL STATION, CAR WASH AND FOOD SHOP LOCATED WITHIN THE B-2 ZONING DISTRICT, PART OF LOT 27, LAFAYETTE PARK, AT 1730 COMMERCE BOULEVARD PID # 13-117-24 22 0025 P & Z 98-26 NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on TUESDAY, June 23, 1998 to consider the approval of a Conditional Use Permit to allow a motor fuel station, car wash and food shop at 1730 Commerce BIvd located within the B-2 Zoning District. All persons appearing at said hearing with reference t~,t~he above will be given the opportunity to be heard at this meeti_r~g~.--~.. / / E2-K~( uist), Pl~J~g Secreta y Mailed to property owners within 350 feet of affected property on June 10, 1998 Published in the Laker, June 13, 1998 ,2oll MEMORANDUM TO: FROM: SUBJECT: DOCK AND COMMONS ADVISORY COMMISSION TOM MCCAFFREY ADDITION OF AN ABUTTING DOCK SITE AT 4586 DENBIGH ROAD Mr. Scott Nagel of 4586 Denbigh Road has recently completed construction of a new house and is requesting an abutting dock site. (Note attached portion fi.om Mound City code 437.05.SUBD.5) I will assign dock# 322775 as a temporary number until I can remeasure and renumber this area. This will be presented at the dock location meeting this fall. There will be adequate room for this dock once Mr. Coley relocates his dock site #32790 which he will do. The attached drawings show this area now and after this change. June 5,1998 TO: FROM: RE: Tom McCaffrey Alan R. Coley Addition of an abutting dock site at 4586 Denbigh Road Dear Tom: Since I will not be able to attend the scheduled June 9th meeting City Council Meeting, I wish to respond in writing. If Mr. Nagel has a legal privilege as an abutting lakeshore property owner and is entitled to a dock site, then so be it. Otherwise, I am apposed to the added congestion. CUSTOMER SALES REP SHEET NAME DATE SCALE SHEET # f OF PH GRID.DOC 4808 North Lilac Drive, Minneapolis, MN 55429 (800) 451-3329 Fax (612) 5.,'7-1356 SALES REP SHEET NAME DATE SCALE SHEET# PI~_GRID.DOC 05J'25/B4 4808 North Lilac Drive, Minneapolis, MN 55429 (800) 451-3329 Fax (612) 5.t7-1356 Mound City Code Section 437:05, Subd. 5 Subd. 5. Dock Location. No license shall be recommended by the Dock Inspector until he or she shall have first determined that the proposed dock is suitable for the specific dock location as identified on the official dock location map. Subd. 6. Denial of Application. If the applicant has not maintained a previously licensed dock, the Dock Inspector may recommend to the City Council that any existing license be revoked, and the applicant's priorities under this Section 437 be forfeited for the current year and for the next boating season. A dock license will not be issued for any dock on public land where the applicant has a correction order pending concerning a stairway or structure used to access the dock. The license will not be issued until compliance with the correction order has been completed or satisfactory arrangements have been made with the Dock Inspector to complete the corrective measures. (ORD. 62-1993, 4/19/93) Subd. 7. License Priorities. The following priorities govern the issuance of dock licenses and other dock locations: Residents owning private lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands. (ORD. 45-1990- 12-29-90) bb. Dock site holders who combine on a single dock while continuing to apply for and pay for their separate dock site locations shall each be entitled to return to such separate dock site upon termination of their participation in the combined dock facility and notice to the City of such termination. (ORD. 97-1997 - 12-20-97) ao First Priority. An abutting owner has first priority for a City designated location within his or her lot lines extended to the shoreline. Docks shall be located in accordance with the dock location map. (ORD. 45-1990 - 12-29-90) Second Priority. A licensee or, if licensee has not applied for a new dock license, the shared owner as shown on the permit application for the preceding yea.r, has second priority when applying for a dock permit for the same location held by the licensee the immediately preceding year. Second priority licensee has no priority of dock locations where a first priority license is in effect. Co Third Priority. A duly qualified applicant has third priority on locations vacant after the first and second priority applications have been made within the prescribed time limit described in this ordinance. Licenses will be issued to such applicants in the order of application dates. There shall be no third priority where the first and second priorities are in effect. Residents owning private lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands. 5/12/98 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 STAFF REPORT DATE: May 21, 1998 MEETING DATES: May 28, 1998 Dock and Commons Commission (D&C) June 9, 1998 City Council TO: FROM: SUBJECT: Dock and Commons Commission, City Council, and Applicant Jon Sutherland, Building Official Trimming Public Lands Permit Application from Adam Hawkinson 1718 Eagle Lane Wiota Common Background/Comments. The applicant is seeking a permit as described in the attached application in order to prune out some smaller brush from around some larger trees. The trimming of the brush has a minimal impact on the screening of the adjacent houses from the lake and will improve the view of the applicants dock site for security reasons. Recommendation. Staff recommends the D&C recommend approval of the request to remove the trees/brush. The work shall be done by a contractor who is licensed by the City for tree removal and coordinated by the Parks Director. The contractor shall give the staff 24 hours notice prior to starting the work. JS.'kl The abutting property owners have been notified of this request. Rev. 4,'97 PERMIT 'APf LICATiO CITY OF MOUND, 5341 Maywood Road, Mound, MN Phone: 472-0600, Fax: 472-0620 55364 DIST .RIBUTION: ~UILDING OFFICIAL ~m'~''--r ~S DIRECTOR wo s DOCK MEETING -DATE ~,~ I--t~ '6 ~-r..-= t.....r~ ,. ',7 CITY COUNCIL DATE _ =~, ~io (check one): CONSTRUCTION ON PUBLIC L.~ND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (Cits' Code Section 320, Subd. I). PUBLIC LAND MAINTENANCE PEItMIT - to allow repairs to an existing structure (Ci~ Code Section 320, Subd. 3). CONTINUATION OF STRUCTLT, E - to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). LAND .a~LTERATION - change in shoreline, drainage, slope~vegetation, fill. em. (City. Code Section 320. Subd. 4). The structure or work vou are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and are non-transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new is applied for due to change in dock site holder. _ Property Owner Legal Lot Block Description Subd. Public Name Proper~y Dock Site ~ Shoreline T~e Contractor Name _~/'~-- Address Phone VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR a MATERIALS): DESCRIBE REQUEST & PURPOSE: Signature of Applicant - ? ? Date SURVEY ON FILE? YES~ REQUIRED STREET FRONTAGE/WIDTH: REQUIRED SETBACKS Pm'NC,PAL BU,LD~m~ "OUSF FRONT: N s EE~ FRONT:.,,~ S SIDE: ~' N).,~E W SIDE: REAR: N --(J ~'E .)W _15' LAKESHORE: '-" ~50' (measured from O.H.W.} TOP OF BLUFF: ACCESSORY B UII.,D~G/G A~RAG E/S HED FRONT: N S E('W3 ~.~('"} ~' FRONT: N S E'I~- SIDE: N S E W 4' or 6' SIDE: N S E W _4' or 6' REAR: N S E W 4' LAKESHORE: 50' measured from O.H.W. TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: _ACCESSORY BUILDING/GARAGE/SHED~ FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: TOP OF BLUFF: HARDCOVER CONFORMING ? ~ , .-7-~"~ '----'---- ~ oo. co~oN m o 0 CZ) ~ CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 STAFF REPORT DATE: May 21, 1998 MEETING DATES: May 28, 1998 Dock and Commons Commission (D&C) June 9, 1998 City Council TO: FROM: Dock and Commons Commission, City Council, and Applicant Jon Sutherland, Building Official <:.~5~ [ , SUBJECT: Trimming Public Lands Permit Application fi.om Donald Swenson 4857 Island View Drive Devon Common Back-_round/Comments. The applicant is seeking a permit as described in the attached application in order to trim vegetation to improve the view. This request very similar to the previous request that was approved by Resolution//95-40. The larger trees are to remain intact and the trimming of the brush has a minimal impact on the screening of this and adjacent houses from the lake. Recommendation. Staff recommends the D&C recommend approval of the request to remove the trees/brush. The work shall be done by a contractor who is licensed by the City for tree removal and coordinated by the Parks Director. The contractor shall give the staff 24 hours notice prior to starting the work. JS:kl The abutting property owners have been notified of this request. Rev. 4/97 PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road, Mound, MN-55364 Phone: 472-0600, Fax: 472-0620 DISTRIBUTION: taz BU'ILDtNG OFFICIAL .~S DIRECTOR ~--~PUBLIC WORKS DOCK MEETING DATE CITY COUNCIL DATE - t.check one): I_ CONSTRUCTION ON PUBLIC L,-MND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). PUBLIC LAcND MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Sub& 3). CONTINUATION OF STRUCTUR.E - to allow an existing encroachment to remain in an "as is" condition (City Code Section 320, Subd. 3). LANT) ALTERATION - change in shoreline, drainage, slope, trees,~ fill, etc. (City Code Section 320, Subd. 4). The ~tructure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFORMING USES. It is the intent of the City to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the punic lands. All permits are granted for a limited time and are non-transferable, Stairway construction must meet the State Building Code when the permit is for new construction, or a new ~ermit is applied for due to change in dock site holder. __ Phone (home) ~T-~ (work) ' ~ut t i n~ Addre s s fi~ ~ Property O~er ~ - Legal Lot .... ~~ Block (~ Description Subd ..... ~ ~D~' -- Pub 1 i c Name Properny Dock Site ~ Shoreline T~e Contractor Name ~,~DOP ~ g~t~ <Ll~) Address - Phone ~7~- ~/ VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): DESCRIBE REQUEST & PURPOSE: ,, ~[.O~}ature of Applicant Date April 11, 1995 RESOLUlqON ~9~40 RESOLUTION TO APPROVE A SPECIAL PERM-IT TO ALLOW TRIMMING OF VEGETATION ON DEVON COMMONS ABUTTING 4857 ISLAND VIEW DRIVE, LOTS 5 & 6, BLOCK 14, DEVON PID #25-117-24 11 0038 DOCK SITE #43520 WlZiEREAS, Donald and Geraldine Swenson have applied for a Land Alteration Permit to allow trimming of vegetation on Devon Commons, abutting their property known as 4857 Island View Drive, and; WH~AS, the applicant requested permit approval for the "cutting and removal of vines which are encroaching on trees.~ WHEREAS, there is an existing stairway on the commons used to access the applicant's dock site. It is procedure to update all existing encroachments on a site when a new Public Lands Permit is applied for, and; WHEREAS, the applicant states a handrail has been installed on the stairway, and; WHEREAS, City Code Section 320, requires City Council approval, by a four-fifths vote, for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the City's Shoreland Management Ordinance allows limited clearing and trimming of vegetation on steep slopes to provide a view to the water from the principal dwelling site provided that screening of structures is not substantially reduced, and; WHEREAS, trees are allowed to be trimmed in a manner appropriate for removal of branches to benefit the trees. Healthy trees and plants with healthy root systems must remain intact to prevent erosion of the steep slope, and; WHEREAS, the Public Land Use Plan classifies this area of commons as Shoreline Type C, and as a resident permit docking area, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval, with conditions and supervision by the Par'ks Director. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve the following Public Land Permits for Donald and Geraldine Swenson, Dock Site #43520, Devon Common, abutting 4857 Island View Drive, Lots 5 & 6, Block 14, PID #25-117-24 11 0038: A Special Land Alteration Permit to allow the trimming of vegetation subject to the following conditions: a. The permit is a 'one-time" permit. April 11, 1995 The applicant must notify the City 48 hours prior to the trimming so staff can meet on-site with the applicant to mark brush for removal. All brush/vines that are trimmed have to be removed from Devon Common at the owners expense. Approval of a permit to allow the continuation of the stairway structure, subject to the following conditions: The permit shall expire five (5) years from the date of City Council approval. R~airs, if needed, shall be done according to code and az approved by the Building Official. In the event compliance with these conditions is not achieved within one (1) year of the date of City Council approval, the applicants dock license will not be issued until compliance is achieved. The foregoing resolution was moved by Councilmember Ahrens and seconded by Counci2member 1ensen. The following Councilmembers voted in the affirmative: Hanus, Akrens, 1ensen, and Polston. The following Councilmembers voted in the negative: none. Councilmember Jessen was absent and excused. Mayor Attest: City Clerk RESOLUTION ~6-68 RESOLUTION APPROVING A CONSTRUCTION ON PUBLIC LAND PF_RMIT FOR A WATER PL1VIP A~ND WATER LINE ON DEVON CON,IONS ABUTTING 4857 ISLAND VIEW DRIVE, DOCK SITE #43520 WIlY_RY_AS, Donald and Geraldine Swenson have applied for a Construction on Public Land Permit to allow a water pump and water line to be placed on Devon Common abut~g their property at 4857 Island View Drive to accommodate for lawn sprinkling, and; W]RY_RF_~S, there is an existing stairway on the commons used to access the applicant's dock site. It is procedure to update all existing encroachments on a site when a new Public Land Permit is applied for. The stairway is in acceptable condition, and; VvqRER.EAS, City Code Section 320, requires City Council approval by a four-fifths vote for construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park or commons, and; WtLEREAS, The Park and Open Space Commission have reviewed this request and unanimously recommend approval, with conditions as recommended by staff. NOW, TIR~FORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to approve a five (5) year Consu-uction on Public Land Permit for a stairway and pump system and elecu-ical supply for Donald and Geraldine Swenson, Dock Site #43520, Devon Common, abutting 4857 Island View Drive, Lots 5 & 6, Block 14, PID 25-117-24 11 0038, subject to the following conditions: 1. The electrical shall be installed by a qualified license electrical contractor and approved by the State Electrical Inspector. The applicant shall schedule a final inspection with the Building Official to verify this work is completed and has been approved by the State Electrical Inspector. The proposed electrical line Mil, and the water line may cross a 20 foot permanent easement that has an eight inch clay sewer line at an eight foot depth. They will need to indicate the depth of proposed water and electrical line, and the owner of 4857 Island View Drive will be responsible for locating them if excavation is needed in this easement for sewer line repair. The permit shall expire five (5) y ~ears from the date of City Council approval. In the event compliance with these conditions is not achieved within one (1) year of the date of City Council approval, the applicant's dock license will not be issued until compliance has been achieved. Re;solution ~96-68 Page 2 June 25, 1996 The foregoing resolution was moved by Councilmember Alu'cna and seconded by Councilmember Hanus. The following Councilmembers voted in the affirmative: Ahrens, I-~us, lensen, lessen and Polston. The following Councilmembers voted in the negative: None Attest: Acting City Cie)t( Resolution adopted: June 25, 1996 Mayor 2 - STORY HOUSE~' ISLAND VIEW 80.0 HOUSE to be remove 35.~,?' DRIVE. 2- STC)R' HOUSE x9~9.'7 File No. I hereby certify that this is a true and correct representatio~ of a survey of the boundaries O! the .bo~. de,crl{)ed ~ ..d of the Iocatio~ O!saidalll ,and.bUildi~$'--7~?-£ DEMARS - GABRIEL . any. the~,o~, and ,11 vi.:ll~ ee~c~o~nt,, if any. trc~n or on L.~ '~D SURY~, INC. ·,o,o_,.... .,. I~ymoutl~ MN 5~447 P CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 STAFF REPORT DATE: May 21, 1998 MEETING DATES: May 28, 1998 Dock and Commons Commission (D&C) June 9, 1998 City Council TO: FROM: Dock and Commons Commission, City Council, and Applicant Jon Sutherland, Building Official SUBJECT: Tree Removal Public Lands Permit Application from Raymond J. Salazar 4559 Island View Drive Devon Common Background/Comments. The applicant is seeking a permit as described in the attached application and survey in order to remove a basswood tree that is adjacent to his stairway on the commons. The request is again one that the owner is seeking to improve the view, and is also one that requires us to look at the Shoreland Management Ordinance Section 350:1225, Subd. 4. Which states in part "limited clearing to provide a view is permitted provided that screening of structures is not substantially reduced." In this case, there are trees on both sides that provide screening and therefore a recommendation to allow the tree to be removed can be supported. Recommendation. Staff recommends the D&C recommend approval of the request to remove the trees. The work shall be done by a contractor who is licensed by the City for tree removal and coordinated by the Parks Director. The contractor shall give the staff 24 hours notice prior to starting the work. JS.'kl The abutting property owners have been notified of this request. 7 Rev. 4/97 PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road, Mound, MN- 55364 Phone: 472-0600, Fax: 472-0620 DISTRIBUTION: " 95 BUILDING OFFICIAL q-~PARKS DIRECTOR DATE RECEIVED ~-/O- c~8 .-ILL.. DOCK MEETING DATE CITY COUNCIL DATE ~-~b_cq~8 one): CONSTRUCTION ON PUBLIC LAND PERMIT - new construction. NOTE: NO PERMIT SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section .320, Subd. 1). PL~LIC LAND MAINTENANCE PERMIT - to allow repairs to an existing structure (City Code Section 320, Subd. 3). CONTIN'UATION OF STRUCTURE - to allow an existing encroachment to remain in an "as is" condition (City. Code Section 320, Subd. 3). LAND .M..TER. ATION - change in shoreline, drainage, slope, trees, vegetation, fill, etc. (Ciw Code Section .:20, Subd. 4). VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS): DESCRIBE REQUEST & PURPOSE: d-. \/ ~" " -- - " Da~e Appl i cant Name <~/~, £!x/~ -~ddres~..,~r~,,~, ..Z-/'~¢,~:5 V,'~C" ~" Phone (home) /~.T&--.~.~ ~' (work) ~'~&~;& - Abutting Address Legal Lot.. ~ Block / Publ i c Name ~ Property Dock Site g ~[~ i0 Shoreline T~e ~hon~ ~ ~ ' '' ' - ' ~ /'~/~ / The structure or work you are requesting is an activity on publicly owned lands. Structures like boat houses, patios, sheds, etc. are all NONCONFOILMING USES. It is the intent of the City to bring all these uses into conformance which means that those structures will at some time in the future have to be removed from the public lands. All permits are granted for a limited time and re non-transferable. Stairway construction must meet the State Building Code when the permit is for new construction, or a new ermit is applied for due to change in dock site holder. ' ' - == - :~' ....... uerT.~ca~.e o~ ~urvey -for' ' Creative Developers, Inc. of Lot 5, Block I, DEVON Hennepin County, Minnesota .,,~ ,¢ I hereby certify that this is a true and correct representation of a survey of the boundaries of Lot 5, Block 1, DEVON, the location of ali existing buildings, if any, thereon, and the proposed location of a proposed building. It does not purport to show any other improvements or encroachments. Scale' Date · 0 ' 1 inch = 30 feet September 8, 1986 Iron marker Spot elevation Proposed elevation COFFIN & GRONDERG, INC. Mark S. Gronberg MN.Kc. Ho. 12755 Gordon R. Coffin MN. Lic. No. 6064 Engineers, Land Surveyors, Planners Long Lake, Minnesota RECEIVED APR 1 0 1998 MOUND PLANNING & INSP. MOUND CITY COD~ SECTION 350: 1225, SUBD. 4: - S~J~d. 4. Shot·land Alterations. Alterations of vegeta~ion and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shot·land aesthetics, preserve historic values, prevent bank slumping, and prosec~ fish and wildlife habitat. ae Veqe~ation Alterations. Removal of vegetation necessary for the construction of structures and the construction of roads and parking areas regulated by Section 350:1225, Subd. 5 of this ordinance is exempt from the vegetation alteration standards ~hat follow. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections 350:1225, Subd. 7 B. and C., is allowed subject to the following standards: Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is prohibited. Intensive vegetation clearing for forest land conversion to another usa outside cf these areas is al!cwab!e as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation distric~ in which the property is located. be In shore and bluff impact zones and on steep slopes on private pro.~ersy, limited clearing of trees and skrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the ptacemen~ of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: 116 MOUND CITY CODE SECTION 350:!225, SUBn. 4. A. 2. (1) The screening of structures, vehicles, or o~her facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (2) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Touocrauhic Alterations/Gradinc and Fillinc. Grading, filling and excavations necessary for the construction of structures and driveways under validly issued construction permits for these facilities do not require the issuance cf a separate grading and filling permit. Public roads and parking areas are regulated by Section 350:1225, Subd. 5 of this ordinance. Notwithstanding Items t and 2 above, a grading and filling permit will be required for: The annual movement of more than ten (i0) cubic yards of material on steep slopes or within shore or bluff impact zones; and The annual movemen5 of more than 50 cubic yards of material outside cf steep slopes and shore and bluff impact zones. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: 117 3/15/~'3 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 DATE: TO: FROM: SUBJECT: Memo~ndum March 15, 1995 City Council Parks Director, Jim Fackler PUBLIC LAND PERMIT APPLrCATION #41110, RAY SALAZAR: REQUEST TO TRIM VEGETATION. The subject application was reviewed by the Park and Open Space Commission on March 9, 1995. Unfortunately, I was not present at this meeting, but I have reviewed the minutes. Due to the additional information supplied by Mr. Salazar at the meeting, I feel a need to further explain staff's recommendation relating to trimming the top of the large tree. When I review requests of this kind, I first look at the condition of the tree. If there are no health problems evident, I then look at what is reasonable to trim while maintaining the natural shape and health of the tree. I have always considered the need for a view as second priority to the health and shape of the tree. The proposed method of trimming will improve the view of the lake, which is the applicant's primary intent, but it would also alter the appearance of the tree to an irregular shape. The topping of a tree is a short-term solution because the root system that is accustomed to a larger crown will provide for rapid growth, and then the tree will soon obstruct the view again resulting in another request for trimming of the crown. Eventually, the tree will grow a large trunk and will have a small crown which provides an unnatural look. The Shoreland Management Ordinance must also be applied when determining what trimming should be allowed and to ensure that the structure, as viewed from the lake, remains properly screened. Please note that this tree is all that remains from an unpermitted trimming that took place in 1994 by the applicant. Copies of photographs are attached for your review. In either event, Mound City Code Section 458:00 requires tree trimmers to be licensed with the City. JF:pj cC: Ray Salazar, Applicant ~] CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 June 4, 1998 TO: FROM: RE: CITY MANAGER MAYOR CITY COUNCIL FRAN CLARK, CITY CLERK POLLING PLACE CHANGE Because of the decrepit condition of Island Park Hall, I would like to change Precinct 3's polling place for any future elections to the City Hall Council Chambers. This would take effect immediately. A notice will be sent to each household with a registered voter. printed on recycled paper June 3, 1998 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: FROM: SUBEJCT: CITY COUNCIL FRAN CLARK, CITY CLERK LICENSE RENEWALS - FOR COUNCIL PACKET JUNE 9, 1998 The following licenses are up for renewal. The license period is July 1, 1997 through June 30, 1998. Approval is contingent upon all required forms, insurance, etc. being submitted. CLUB ON-SALE. American Legion Post #398 VFW Post #5113 SUNDAY SALES American Legion Post #398 VFW Post #5113 ON-SALE WINE A1 & Alma's Supper Club House of Moy ON-SALE BEER Mound Lanes OFF-SALE BEER By the Way Snack Shop (Steve Bedell) Mainstreet Market PDQ Food Store SuperAmerica The following TREE REMOVAL LICENSE HAS BEEN APPLIED FOR: IT WILL EXPIRE MARCH 31, 1999. Approval is contingent upon all required forms, insurance, etc. being submitted. Bear Tree Service TRANSIENT MERCHANT LICENSE UNTIEDT VEGETABLE FARM - Mainstreet Market & Scotty B's Parking Lot (comer of Lynwood Blvd. and County Road 11~ ~r~nred on recycled papor BILLS ............... June 09, 1998 BATCH 8053 BATCH 8054 Total Bills $ 77,791.82 109,888.32 $187,680.14 ? , ?.,r- i I J Z ~ z I ! ! ZZzzZzz i oo~ uu ,0 0 3:: Z 'm :3: h ! Z 0 z > Z aL ! oO I ,-t,I '4: ,:31: ~oSO KENNEDY & GRAVEN, CHAR'I'EI:IED 470 PILLSBURY CENTER MINNEAPOLIS, MN 55402 (612) 337-9300 FAX ~ (612) 337-9310 Date: June 5, 1998 Our File No.: MU200-1 TO: Fran Clark FAX 9: 472-0620 FROM: John Dean Direct Dial #: (612) 337-9207 COMMENTS: Number of pages including cover sheet: If a problem arises, call Shannon Stang at (612) 33%92?9 NOTICE OF CONFIDENTIAL INFORMATION: This fax contains confidential information which is legally privileged. Thc information is for the sole use of the intended recipient(s) listed above. Distribution or disclosure 'to any individuals not so listed is strictly prohibited. MEMORANDUM TO: FROM: DATE: RE: John Dean Ir, arm Cole June 5. 1998 Failure to Prepare Water Management Plan INTRODUCTION You asked about the consequences if the City of Mound declines to prepare a water management plan as required by Minn. Stat. ~ 103B.235. I have reviewed the statutes dealing with water law (Minn. Stat. Ch. 103A- 103__) and the statutes dealing with metropolitan planning (Minn. Stat. Ch. 473). My conclusions follow. ANALYSIS R~equir.ements of Minr~. Stat. § 103B.235. Minn. Stat. § I03B.235 requires each local government unit in the metropolitan area to prepare a local water management plan: Subd. l(a) After the watershed plan is approved and adopted, or amended, pursuant to section 103B.231. the local - having land use planning and regulatory responsibility for go,,emment units . territory, within the ~.-dtcrshed shall prepare or cause to be prepared a local water managemexat plan, capital improvement program, and official controls as necessary to bring local water management into conformance with the watershed plan within the time period prescribed in the implementation program of the watershed plan and. as necessary, shall prepare or cause to be prepared amendments to the local comprehensive plan. Other subdivisions of Minn. Stat. § 103B.235 require thc local government to submit the plan for review by the applicable watershed management organization and by the metropolitan council, and, in some instances, by the affected counties. Minn. Stat. § 103B.235, sub& 3-3a. l'ro*2 o o -1 uJeB~;: 60 88-~O-uni' The use of the word "shall" in subdivision 1 aggests that preparation of a local water management plan is mandatory. Section 103B.235 does not. however, specify any penalty, or other consequence for failure to prepare a plan. Provisions of Chapters 103B and 103D. Two other provisions in the water statutes do address the failure to prepare local water management plans. One of those statutes deals with joint powers watershed management organizations. That statute provides as ~'ollows: Minn. Shat. § I03B.211, subd. i. (a) Any agreement under section ~.71.59 to jointly or cooperatively manage or plan for the management of surface water in a watershed delineated pursuant to subdivision 2, as required by sections 103B.205 to I03B.255, may provide, in addition to other provisions authorized by section a71.59, for a joint board having: (3) the authority of a watershed district under chapter 103D to regulate the u~ and development of land in the ~'atershed when one or more of the following conditions exists: (i) the local government unit exercising planning and zoning authority over the land under sections 366.10 to 366.19. 39a.21 to 39~t.37. or a62.351 to ~,62.36a. does not have a local water management plan approved and adopted in accordance with the requirements of section 103B.235 or has not adopted the implementation program described in the plan:... ~Th_is ~_ection~g. ives joint powers watershed management organizations power to regulate the use and development of land when a local water management plan bas not been approved and Another section-- .% 103D.335 --makes the provisions of Minn. Stat. § I03B.211, subd. 1 applicable to metropolitan watershed districts: Sub& 23. (a) A watershed district located ,~'holly within the metropolitan area has the duties and powers in section 10313.211. KRCI~2e 2 Y~$200-1 (b) Not~-ithstanding any contrary provision of this section, a watershed district located entirely within the metropolitan area may regulate the use and devclopment of' land only under the conditions specified in section 103B.211, subdivision 1. This subdivision allows watershed districts wholly within the metropolitan area to "regulate the use and development of land" if a local water management plan has not been approved and adopted. No published caselaw interprets any of the sections cited above. Provisions of Chap. ter 473. The metropolitan planning statutes also address the preparation of water management plans. Minn. Stat. § 473.859, subd. 2 provides: A land use plan shall_include the water mana~eraent_r>lan required b.v ~ctiqii 103B.235. and shall designate the existing and proposed location, intensity and extent of use of land and water, including lakes, wetlands, rivers, streams, n~tural drainage courses, and adjoining land areas that 'affect water natural resources, for agrieultttral, residential, commercial, industrial and other public and private purposes, or any combination of such purposes. A land use plan shall contain a protection element, as appropriate, for historic sites, the matters listed in the water management plan required by section 10313.235. and an element for protection and development of access to direct sunlight for solar energy systems... (Emphasis added.) Thus. § 473.859 requires that the comprehensive plan to be prepared by each metropolitan city must include a water management plan. Section ,173.859 does not contain any penalty or consequence for the failure to prepare a local ,a.-ater management plan. Minn. Stat. 473.173. subd. 3 does. however, authorize the metropolitan council to bring suit to obtain compliance with the statute requiring preparation of comprehensive plans: If a local governmental unit fails to adopt a comprehensive plan in accordance with Laws 1976. chapter 127, sections 1 to 23 or if the council after a public hearing by resolution finds that a plan substantially departs from metropolitan system plans and that the local governmental unit has not adopted a plan with modifications required pursuant to section 473.866 within nine months following a final decision, order, or judgment made pursuant to section 473.866. the council may commence civil proceedings to enforce the provisions of Laws 1976. chapter 127. sections 1 to 23 by appropriate Iegal action in the district court where the 3 local $ov~rnrncntnl unit is located. (Emphasis added.) This statute authorizcs thc rnctropoJitan council to enforce the provisions of Laws 1976. chapter 1 to 23. The section that requires the preparation of comprehensive plans - - § 473.859 - was enacted as Laws 1976, chapter 9. However, the provision of § 473.$59 that requires the inclusion of the water management plan in the comprehensive plan was not adopted until 1993. Laws 1993, ch. 176, sec. ?. Thus, subd. 3 arguably does not authorize enforcement of the water managemcnt plan provisiola. It seems likely, however, that the legislature intended to allow enforcement of amendments to § 473.t~59, as well as enforcement of the statute as originally enacted, CONCLUSION. A review of the statutes indicates two possible consequences if the City fails to prepare a water management plan. First, Minn. Stat. § 103D.335 allo~,,'s tl~e watershed district to take over authority for the regulation of land if a plan is not prepared. Second, Minn. Stat. § 4?3.173 arguably allows the metropolitan council to bring suit in district court to enforce the statute requiring preparation of the plan. The argument is available, however, that the metropolitan council's authority to brin~ suit allows it to enforce only provisions of the comprehensive plan statute as originally enacted and not provisions such as the water management plan requirement that were enacted later. o55' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER VI OF THE CITY CODE, MUNICIPAL SERVICES AND PUBLIC UTILITIES, BY ADDING SECTION 650 RELATING TO STORM SEWER SYSTEM The City of Mound Does Ordain: Section 650 is hereby added to the City Code to read as follows: Section 650 - Storm Sewer System Section 650:00. Storm Sewer System; Statutory Authority. Minnesota Statutes, section 444.075, authorizes cities to impose just and reasonable charges for the use and availability of storm sewer facilities ("charges"). By this Section, the City elects to exercise such authority. Section 650:05. Findings and Determinations. In providing for such charges, the findings and determinations set out in this Section are made. Subd. 1. In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City has constructed, operated and maintained a storm sewer system (the "system"). This Section is adopted in the further exercise of such authority and for the same purposes. Subd. 2. The system, as constructed, heretofore has been financed and paid for through the imposition of special assessments and ad valorem taxes. Such financing methods were appropriate to the circumstances at the time they were used. It is now necessary and desirable to provide an alternative method of recovering some or all of the future costs of improving, maintaining and operating the system through the imposition of charges as provided in this Section. Subd. 3. In imposing charges, it is necessary to establish a methodology that undertakes to make them just and equitable. Taking into account the status of completion of the system, past methods of recovering system costs, the topography of the City and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future costs of operating, maintaining and improving the system on the basis of the expected storm water runoff from the various parcels of land within the City during a standard one-year rainfall event. Subd. 4. Assigning costs and making charges based upon expected typical storm water runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this Section undertake to establish a reasonable and practical methodology for making such charges. Section 650:10. Rates and Char_ees. Subd. 1. Residential Equivalent Factor., Rates and charges for the use and availability of the system shall be determined through the use of a "Residential Equivalent Factor" CREF"). For the purposes of this Section, one REF is defined as the ratio of the average volume of surface water runoff coming from one acre of land and subjected to a particular use, to the average volume of runoff coming from one acre of land subjected to typical single-family residential use within the City during a standard one-year rainfall event. Subd. 2. Determination of REF's for Land Uses. The REF's for the following land uses within the City and the billing classifications for such land uses are as follows: Land Uses REF Cemeteries .25 Parks and Railroads .75 Two-family Residential 1.00 Single-family Residential 1.00 Public and Private Schools and 1.25 Institutional Use Multiple-family Residential Uses and 3.00 Churches Commercial, Industrial and Warehouse 5.00 Uses Classification 1 2 3 4 5 6 7 Subd. 3. Other Land Uses.. Other land uses not listed in the foregoing table shall be classified by the City Manager by assigning them to the classes nearly like the listed uses, from the standpoint of probable hydrologic response. Appeals from the City Manager's determination of the proper classifications may be made to the City Council in the same manner as other appeals from administrative determinations under Section 350:510. Section 650:15. Es~_ahlishlng Basic Rat.e.. In determining charges, the Council shall, from time to time, by resolution establish a basic system rate to be charged against one acre of land having an REF of one. The charge to be made against each parcel of land shall then be determined by multiplying the REF for the parcel's land use classification times the parcel's acreage times the basic system rate. Section 650:20. Standardized Acreage. For the purpose of simplifying and equalizing charges against property used for single-family and two-family residential purposes, each of such properties shall be considered to have an acreage of one-fifth acre. Section 650:25. Adjustments of Chargeq. The City Council may by resolution, from time to time, adopt policies providing for the adjustment of charges for parcels or groups of parcels, based upon hydrologic data supplied by affected property owners, demonstrating an actual hydrologic response substantially different from the REF being used for the parcel or parcels. Such adjustment shall be made only after receiving the recommendation of the City Manager and shall not be made effective retroactively. If the adjustment would have the effect of changing the REF for all or substantially all of the land uses in a particular classification, however, such adjustment shall be accomplished by amending the REF table in Section 650:10, Subd. 2. Section 650:30. Excluded Land~. No charge for system availability or service shall be made against land which is either (i) public street right-of-way or (ii) vacant and unimproved with substantially all of its surface having vegetation as ground cover. Section 650:35. Supolving Information. The owner, occupant or person in charge of any premises shall supply the City with such information as the City may reasonably request related to the use, development and area of the premises. Willful failure to provide such information or to falsify it is a violation of this Section. Section 650:40..Estimated Chargeq. If the owner, occupant or person in charge of any premises fails or refuses to provide the information requested, as provided in Section 650:35, the charge for such premises shall be estimated and billed in accordance with such estimate, based upon information then available to the City. Section 650:45. Drainage and Erosion Control. Subd. 1. D~. In the development, improvement or alteration of land, the direction, quantity or qualify of drainage shall not be changed unless plans for the development are submitted to the City Engineer. Run-off shall be properly channeled into a storm drain, watercourse, ponding area or other public facility. Subd. 2..Erosion and Sediment Control Plan. Prior to the issuance of a building or grading permit for any development, improvement or alteration of land, a plan for erosion and sedimentation control shall be presented with the site plan. The erosion and sedimentation control plan shall specify the measures to be used before, during and after construction until the soil and slope are stabilized by permanent cover. These control measures shall be maintained in good working order until site stabilization occurs. Subd. 3. Plan ~. In areas which are susceptible to erosion hazard or sedimentation damage, the City may require the erosion and sedimentation control plan to be approved by the appropriate water management organization prior to the issuance of a permit. Subd. 4. ~. Plans and provisions required for compliance with this Section must be submitted to the City Engineer for approval. AT'FEST: Mayor City Clerk Adopted by the City Council Publish in the Official Newspaper, The Laker, tThhee Cil? of. Mound is considering the use of o new technique to pay for costs or m?naging storm water runoff--a Storm Water Utility. A public hearing ~s scheduled .on May 26 to discuss the proposed storm water utility. Everyone is ~nvited. Below are some frequently asked questions about storm water utilities. What do you mean by storm water? Why does it need to be managed?. Very simply, storm water is another name for rain. Before people settled in Mound, rainwater that fell was absorbed into the ground or flowed naturally to Lake Minnetonka or other water sources. When people moved to Mound they built roads, driveways, stores, churches and parking lots. Consequently, the ground cannot absorb the water as easily, and more water runs off when it rains. The storm sewers, the grates in the curbs on the streets, collect the water that falls and directs it into the sewer system. What is a storm water utility? A storm water utility is a se~ice similar to the water and sanitary sewer utilities. Like the sanitary sewer utility fee, the fee is based on the amount of water that is discharged into the system. For instance, a parking lot creates more runoff than a similar-sized grassy area so it pays a higher rate. Similarly, a large parcel creates more runoff than a small parcel, so it too pays a higher amount. In this way, the citizens of Mound will pay for the management of storm water in proportion to the amount of water they "contribute," not on the value of their property. Why is a utility needed? Federal and state regulations require Mound to take greater and costlier actions than ever before to protect water quality in our community. These actions include forming new water management organizations and developing regional and local plans to identif~ problems. These new costs, when combined with the money spent for ongoing storm drainage maintenance each year, represents a major expenditure. Today, most storm water costs are paid for using property taxes and sanitary sewer fees. Mound must find a way to meet these rising costs in a fair and equitable manner, without adding to the tax rolls. How much will it cost me? Fees will not be set at the May 26 meeting. The ordinance that will be considered on May 26 simply creates the utility and allows, by resolution, to estab- lish a fee schedule based on the needs of the city. The fees would likely be set later after the issue has been studied in greater detail. What would the money funds collected be used for? The money collected would be used for the operation and maintenance of the city storm water collection system. Some examples include · Maintaining existing storm facilities so they will operate properly for a longer period of time. · Enhancing wetlands to clean storm water. · Replacing existing storm facilities that no longer are usable. · Sweeping streets and picking-up leaves so they don't get into the system. A more specific example would be the Mound Visions program. As Mound Visions is put in place downtown, there are requirements that must be met relating to ponding to handle the downtown area's drainage system. Specifically, the City will need special ponds in the downtown area to collect and handle the drainage of the developed area. Ponds will also be needed to account for other drainage issues in the community. Costs associated with the redevelopment of downtown under Mound Visions would certainly be eligible for payment out of a storm water utility. Where can Z get more information? The Mound City Council will hold a public hearing on the Storm Water Utility on Tuesday, May 26 at 7 p.m. at Mound City Hall. Everyone is invited to attend. You can also call City Hall at 472-0600 for more information. PUBLIC H~EAPJNG NOTICE CITY OF MOUND CITY COUNCIL Notice is hereby given that the Mound City Council will hold a public hearing on Tuesday, May 26, 1998, in the City Council Chambers, 5341 Maywood Road, Mound MN at 7:30 P.M. The purpose of this hearing will be to discuss amending Chapter VI of the City Code, municipal services and public utilities, by adding Section 650 relating to storm sewer system and to impose just and reasonable charges for the use and availability of storm sewer facilities. The public is invited to attend. Francene C. Clark, CMC City Clerk Publish in The Laker May 16, 1998. CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM April 10, 1998 TO: MAYOR AND CITY COUNCIL FROM: ED SHUKLE, CITY MANAGER&',' ~- SUBJECT: ESTABLISHMENT OF A STORM WATER UTILITY As you know, we have been discussing, for about one year, the idea of creating a storm water utility. The purpose of such a utility provides the City with a fair method of financing needed operations and maintenance to the overall drainage system of the City. The utility also provides funding for improvements such as the possible acquisition of property for regional storm water ponds and/or the maintenance of such ponding areas. As you know, federal and state laws, as well as watershed district regulations mandating stormwater management, are currently in place. For example, as the Mound Visions program is implemented in the downtown area, there are requirements that have to be met relating to ponding to handle the downtown area's drainage system. Specifically, the City will be required to have regional ponds in its downtown area to handle the drainage of the redeveloped area as well as to account for other drainage issues in the community. Costs associated with the redevelopment of the downtown under Mound Visions would certainly be eligible for payment out of a storm water utility. The City will be required to complete a stormwater management plan as a part of its Comprehensive Plan Update that is due into the Metropolitan Council by the end of 1998. A possible source of funding for the stormwater management plan would be the storm water utility fund. Other costs, such as street sweeping, which are now paid for out of the general fund, could be paid for out of the storm water utility fund. As you can see, there are many advantages to having such a utility available. Attached is a proposed ordinance creating a storm water utility. This ordinance is based upon the printed on recycled paper Memorandum to Mayor and City Council April 10, 1998 Page 2 City of Richfield's ordinance which was passed in 1985. The ordinance does not spell out the fees to be charged within the utility. The ordinance simply creates the utility and allows, by resolution to establish a fee schedule based upon the needs of our City. The fees could be established later after we have had the opportunity to study the issues in more detail. Although this ordinance does not require a public hearing, you may want to consider having one so that when you actually establish a fee schedule, the public would have had some background on the utility. I have also attached some information that Richfield used to educate the public on the purpose of the utility. Although they used a public hearing process, they were also very careful to provide adequate education to their residents so that everyone became informed about the utility and why it was being created. I share this idea with you only to avoid public relations problems that could occur after the ordinance is established. We can talk more about this Tuesday evening. I believe we are proceeding in the right direction by establishing a storm water utility. It will provide another source for financing necessary improvements to our overall drainage system in the City of Mound. If you have any questions, please contact me. 3 :ity of "~ ~ U.S. Po$iage PAID  Permit No. 2256 ichfield M,nneapolis. MN '00 Portland AYenue South ~chlt®ld, Mtnnesoti 55423-2598 EECEIVEL ';;:,"," 2 § 1998 Lawrence J. Whalen 2910 Pelican Point Court Mound, Minnesota 55364 (612) 472-3946 May 28, 1998 Mr. Ed Shuklc City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: Storm Water Utility Dear Mr. Shukle: Unlike water and sewer services that are user fees, and can/should be based on users decisions regarding demand on the systems involved, a "Storm Water Utility" demand is not dependent on a choice by any Mound resident, but simply how much rain falls in a given time period. How does storm water differ from snow which is plowed as a city service or city street lights. Or... will we start to be charged for snow removal based on front footage? It is duplicitous to say this is being contemplated to avoid "adding to the tax rolls", since it is, in fact, another tax that is trying to hide behind a strange new name. Our townhome area (Pelican Point) has a significant retention pond to hold and filter storm water mn-off, and minimize both direct nm-off into Lake Minnetonka and over-taxing of the storm sewer system. Thus, this development area should get a significant credit for the installation of this retention pond. Is the City of Mound prepared to inspect and measure every piece of hardcover, the dimensions of every building, the relative porosity and rate of absorbency of every crushed-rock driveway in the entire city before it puts such a system in place? And how will the City account for slope? Clearly, a one acre parcel that is perfectly flat should be expected to retain more water than the same sized parcel with a 30 degree slope, assuming they both have the same level of porosity. Mound is a very hilly area, so that equali~ will be impossible *.o re. ach. Let's have the guts to call a tax a tax! If our storm water system needs improvement, lets fund it the same way we do snow removal and street lights. Let's not try to be tricky about it, and spend thousands of dollars measuring hard cover, semi-hard cover, slope, lot size, house dimensions, etc. etc., etc., and wind up having to manage an "appeals" process for those who don't like the results of this hidden tax. ~ical~I ~ufy,~nr~e~nt~satit~a,s,'P-'m--P-'°~-al- ~mes forth a.t the. ti_mc that th.e Mound Visions program vv-, ~ ~,~-- ~lgnlncanuy unoer-esumated. An obviously major impactor of the cost of the Mound Vision will be the significant storm water abatement program in the downtown area. So by charging all residents for the Storm Water Utility "service" money can be sent downtown to mitigate the problems caused by Mound Visions. Sounds like a tax increase to me. Ed Shulde, City Manager City of Mound Page 2 Why not contemplate impact fees as a way of dealing with Mound Visions. The developers who will economically benefit from their work downtown can pay into a fund to pay for the storm water mitigation required because of their own development work. In short, Ed, storm sewers are not a utility, where one pays based on demand, but a service, where one pays (via taxes) because one is a resident. Sincerely, I. atwrence~en CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 June 5, 1998 Mr. Michael Meyer 1748 Baywood Shores Drive Mound, MN 55364 SUBJECT: Variance for modifying existing deck. Dear Mr. Meyer: It has come to my attention that you have requested your variance case be brought back to the council for further review and that you did not receive a copy of the planning commission/staff recommendation in the form of the proposed resolution prior to the city council meeting. It is our normal procedure to provide you this information prior to the council meeting and we apologize for the miss communication. If you note the attached resolution it is the staff and planning commission recommendation that the shed is to be relocated to be conforming to the required setbacks for your zoning district and out of the utility easement. If you have any questions or concerns, please feel free to call us. Respectfully, Building Official Enclosure May 26, 1998 RESOLUTION #98-57 RESOLUTION TO APPROVE A SIDE YARD AND LOT FRONTAGE VARIANCES IN ORDER TO ALLOW FOR MODIFICATIONS TO A CONFORMING DECK, AT 1748 BAYWOOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES, PID 13-117-24 24 0016 P & Z CASE #98-25 WHEREAS, the applicants, Michael & Kathy Meyer, has applied for a side yard and lot frontage variances to allow modifications of a deck at 1748 Baywood Shores Drive, 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, 60 feet of lot frontage, front yard setback of 30 feet, and side yard setbacks are 6 feet for lot of record, and; WHEREAS, the existing lot frontage is 44 feet in width requiring a 16 foot lot frontage variance, and; WHEREAS, an existing shed is located in the side yard with a setback of 0 feet requiring a 6 foot side yard variance, and; WHEREAS, the existing shed is located within a drainage and utility easement, currently there are no utilities within the easement, and; WHEREAS, the proposed deck would modify the existing deck and would be conforming, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval of the variance recommend by staff with alterations, and; 110 May 26, 1998 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: {~F,,,,,,r/~c ~"~7 i./~,,,~ ~; ~ 1. The City does hereby grant~1~a 16 foot lot frontage setback as recommended by the Planning Comm~ss~o% ...... ---'::-;;.-~' ~2 $,~7~,.,,¢ ~/~=<~ /-,~ T e ved 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. 3. It is determined that the livability of the residential property will be improved by the authorization of the following improvements: Modify the existing deck. 4. This variance is granted for the following legally described property as stated in the Hennepin County Property Information System: LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES, HENNEPIN COUNTY, MINNESOTA, 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. 6. 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 Hanus and seconded by Councilmember We ycker. The following Councilmembers voted in the affirmative: Ahrens, Hanus, Jensen, Polston and Weycker. The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk Mound Planning Commission Minutes May 11, 1998 MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, MAY 11, 1998 Those present: Chair Geoff Michael, Orv Burma, Frank Weiland, Becky Glister, Bill Voss, Jerry Clapsaddle, Cklair Hasse, Michael Mueller, and Council Liaison Mark Hanus. Staff Present: Assistant Planner Loren Gordon, Building Official Jori Sutherland, Secretary Kris Linquist. Public Present: Mark Mulvey, Hugh Bishop, Matt Phillippi, Delton Renspe, Curtis Berg, Michael Meyer, Alan Nations, Steve Mayer, Vic Sacco, Quirin & Maria Matthys, Craig Goodrich Meeting was called to order at 7:35 p.m. by Chair Geoff Michael MINUTES - APPROVAL OF THE APRIL 27, 1998 MINUTES OF THE PLANNING COMMISSION MEETING. There were no corrections to the Minutes from April 27, 1998 MOTION by Weiland, seconded by Hasse to approve the Minutes of the April 27, 1998 Planning Commission Meeting. Motion carried 8-0. Chair Michael explained how the Public Hearing would be conducted. BOARD OF APPEALS: CASE #98-25: VARIANCE, SIDE YARD SETBACK, MICHAEL & KATHY MEYER, 1748 BAYWOOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES, PID # 13-117-24 24 0016 Loren Gordon presented the case. The applicants, Michael & Kathy Meyer, have submitted a request to add a conforming lakeside deck. The associated variance request is listed below. Existin.q/Proposed Required Variance Side Yard - shed 0' 6' 6' Lot Width 44' 60' 16' The property is located at 1748 Baywood Shores Dr. The lot is 21,530 sf in area, conforming to the 10,000 sf R-1 standard. Existing noncomformities on the property Mound Planning Commission Minutes May 11, 1998 include a shed which is located on the side yard line and lot frontage. Current improvements to the property are a one-story walk out home and a shed. The existing shed is also located on a drainage and utility easement that runs along the north and east 5 feet of the property. At present there are no utilities located within the easement. Drainage across the site is from north to south with some fall to the east as well. The proposed deck would modify the existing deck. Plans for the deck have not been finalized however, the applicant indicated a 3 or 4 season porch that would be integrated to match the design of the house. Construction is still hoped for this year. The property also has a nonconforming lot width along Baywood Shores Drive. Developable lots in the R-1 district are required to have 60 feet of lot width at the 30 feet building setback line. The lot was platted with the replat of Harrison Shores in order to maximize the number of lakeside homes. 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): Bo 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. 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. 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. The variance requested is the minimum variance which would alleviate the hardship. The variance would not be materially detrimental to the purpose of this Ordinance or to property in the same zone. Mound Planning Commission Minutes May 11, 1998 The applicant states that the shed was built in its location over twenty years ago. The easements on the property preceded the shed construction. It does not appear that the shed presents a large impediment to drainage along the lot lines. Much of the drainage probably drains southeast across the property to the railroad tie retaining wall and onto the adjacent property. The City Engineer has reviewed the case and did not uncover any other issues on the site. In most cases where there is a structure place over an easement, it is an owner beware issue. At any point in time access to the easement may be needed. Although there are no utilities within the easement currently, the potential is always present that conditions could change. The burden is placed on the property owner to move the shed if access to the easement is needed. The entity accessing the easement would not be responsible for relocation or damage to the structure. A hold harmless agreement would protect the City from any liabilities knowing the condition exists. There is no clear answer to the issue. It is probably good planning practice to remove the shed from the easement and meet code requirements. A conscious effort is usually made to correct these situations if it is deemed necessary. On the other hand, there are other situations such as this in Mound that have been allowed to continue. Again, the owners take the responsibility for any future actions that may occur. In making a decision on the shed the Planning Commission should consider the following issues: The impact of the shed's location on the adjacent parcel. If there are drainage issues the applicant or adjacent property owners attribute to the shed. Future utilities that could be located within the easement. Other circumstances that could constitute a hardship. RECOMMENDATION: Staff recommends the Planning Commission approve conforming modifications to the deck and the lot frontage variance as requested. The Commission should discuss the alternatives presented for the shed and make a recommendation to Council with supportive information. DISCUSSION: Hanus made comments about the easement. Sutherland commented that have an option to address the nonconformity in the resolution stating that if the shed needs to be moved in the future for the easement Mound Planning Commission Minutes May 11, 1998 purposes that it could be removed. Weiland commented that the shed is in poor condition. Michael commented on putting a time limit on the shed. MOTION by Weiland, seconded by Voss to recommend staff recommendation with the condition that the shed be removed or moved to a conforming location. Motion carried 5-3. Mueller, Hanus, and Michael opposed. This case will go to the City Council on May 26, 1998 PLANNING REPORT Hoisington Koegler Group TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: May 11, 1998 SUBJECT: Variance Request OWNER: Michael and Kathy Meyer -1748 Baywood Shores Dr. CASE NUMBER: 98-25 HKG FILE NUMBER: 98-5v LOCATION: 1748 Baywood Shores Dr. ZONING: Residential District R-1 COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant has submitted a request to add a conforming lakeside deck. The associated variance request is listed below. Existing/Proposed Required Variance Side Yard - shed 0' 6' 6' Lot Width 44' 60' 16' The property is located at 1748 Baywood Shores Dr. The lot is 21,530 sfin area, conforming to the 10,000 sf R-1 standard. Existing noncomformities on the property include a shed which is located on the side yard line and lot frontage. Current improvements to the property are a one-story walk out home and a shed. The existing shed is also located on a drainage and utility easement that runs along the north and east 5 feet of the property. At present there are no utilities located within the easement. Drainage across the site is from north to south with some fall to the east as well. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 Meyer Variance Request Ma), 11, 1998 The proposed deck would modify the existing deck. Plans for the deck have not been finalized however, the applicant indicated a 3 or 4 season porch that would be integrated to match the design of the house. Construction is still hoped for this year. The property also has a nonconforming lot width along Baywood Shores Drive. Developable lots in the R-1 district are required to have 60 feet of lot width at the 30 feet building setback line. The lot was platted with the replat of Harrison Shores in order to maximize the number of lakeside homes. 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): mo 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. 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. Do 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. The applicant states that the shed was built in its location over twenty years ago. The easements on the property preceded the shed construction. It does not appear that the shed presents a large impediment to drainage along the lot lines. Much of the drainage probably drains southeast across the property to the railroad tie retaining wall and onto the adjacent property. The City Engineer has reviewed the case and did not uncover any other issues on the site. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p.$ Meyer Variance Request May 11, 1998 In most cases where there is a structure place over an easement, it is an owner beware issue. At any point in time access to the easement may be needed. Although there are no utilities within the easement currently, the potential is always present that conditions could change. The burden is placed on the property owner to move the shed if access to the easement is needed. The entity accessing the easement would not be responsible for relocation or damage to the structure. A hold harmless agreement would protect the City from any liabilities knowing the condition exists. There is no clear answer to the issue. It is probably good planning practice to remove the shed from the easement and meet code requirements. A conscious effort is usually made to correct these situations if it is deemed necessary. On the other hand, there are other situations such as this in Mound that have been allowed to continue. Again, the owners take the responsibility for any future actions that may occur. In making a decision on the shed the Planning Commission should consider the following issues: 2. 3. 4. The impact of the shed's location on the adjacent parcel. If there are drainage issues the applicant or adjacent property owners attribute to the shed. Future utilities that could be located within the easement. 'Other circumstances that could constitute a hardship. RECOMMENDATION: Staff recommends the Planning Commission approve conforming modifications to the deck and the lot frontage variance as requested. The Commission should discuss the alternatives presented for the shed and make a recommendation to Council with supportive information. 123 North Third Street, Suite 100, Minneapolis, Minnesota 5540 (612) 338-0800 Fax (612) 338-6838 VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 App cation Fee: $100.00 (FOR OFFICE USE ONLY) Planning Commission Date: ~(~ }~ I I, ~ Case No. q~- I' City Council Date:.. ~ ~ I Distribution: ~-~-!~ [ City Planner L~ -~_cf ~ Li'_,~/~ City Engineer Ll_~[_q ~ Other . L~ -,~'j _~ Public Works ' PROPERTY Lot LEGAL Block DESC. Subdivision /;~E ?(.4'f' ~C)/-: /z7~,~/.~,¢.,_~ xPROPERTY Name OWNER Address / 7 ~/,¢'~ /~/4v"~.~¢~/2 ~/~Q/'ZL~ Phone (H) /--//~-~--,.~;~ (W) ¥? ~- ~,.~/0 (M) 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 procedure for this property? ( ) yes, f~no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. "~ 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): Variance Application, P. 2 3. Do the existing structures comply with al~ area, height, bulk, and setback regulations for the zoning district in which it is located? Yes { ), No (~. If no, specify each non-conforming use {describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) ,, Front Yard: ( N S E W ) Side Yard: ( N S E W ) Side Yard: ( N s(~/) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street Frontage: Lot Size: Hardcover: ft. ft. ft. ft. ft. ft. ft. ~ ft. 0'~ ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft sq 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: o Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage (~' existing situation ( ) too shallow ( ) shape ( ) other: specify Variance Application, P. 3 C.e Was the hardship described above created by the action of an¥onej having property interests in the land after the zoning ordinance was adopted (] 982)? Yes (), No~. If yes, explain: Was the ha, r.d,~hip created by any other man-made change, such as the relocation of a road? Yes (), No~. If yes, explain: o Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes~l~), 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. Date Date. CERTIFICATE OF SURVEY FOR MICHAEL MEYER LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES HENNEPIN COUNTY, MINNESOTA $ $,~ o..).~, HOUs~ y ,/ FA~. ~£'- 472 NAMe: CITY OF MOUND HARDCOVER CALCULATIONS EXISTING LOT ARE~. ~/~ ~ ~ + - 8QFT X 30% =~. EXISTING LOT ARE~ 8QFT X 15%. = ~2-~ HOUSE: GARAGE: LENGTH TOTAL HOUSE · ' WIDTH DRIVEWAY: DECK: = __ :33 surface under ~. deck - 100%) "TOTALDECK ****~******** .., X = 17q CITY OF MOUND - ZONING INFORMATION SItEET I SURVEY ON FILE?~ NO LO'r OF RECORD? ~ NO ZONING DISTRICT, LOT SIZE/WIDTH: _Ri _10,000/60 Bi 7,500/0 R1A 6,000/40 B2 20,000/80 R2 6,000/40 B3 10,000/60 R2 14,000/00 R3 SEE ORD. I1 30,000/100 YARD } DIRECTION [ REQUIRED IiOUSE ......... 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 EXISTING LOT SIZE: LOT DEl'TI-I: LAKE TOID OF BI.UFF GARAGE~gllED3 .... N S E W I0' OR 30' EXISTING/PROPOSED VARIANCE DETACIIED BUll,DINGS FRONT NS E W FRONT N S E W SIDE N S E W SIDE N S E W REAR N S E W LAKE N S E W 'FOP OF BI.UFF IIARDCOVER CONFORMING? YES /(N_O~ 30% OR 40% ,o. f 10' OR 30' This Zoning hffo]malion Sheel puly summarizes a portion of the requirements oullincd in die Cily of Mound Zoning Ordinance. For further information, contact the City of Mound Planning Depallment at 472-0600. (~9) :~,S '3 8 5 , ,' l 5 , LO; ,'Z3 ,, ,, . ~ ,'(44),,' (41} ,1 (AZ),' (40) i' PART OF/LOT 22/ ~ o -~ O r-t O I ,,O 1 (~) HOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT %~IS.. ~ .J~ %~IS YEAR LAST YEAR MON/]{ M01~ %"0 ~ TO DN~ 0F MAY O. 0F C~ (167) (353) 10~ 54 291 28'7 FI~ ~3 12 67 67 ~OUND ~G~ ~ ~ 9~ 96 FI~ Q ~ '~ 5 ~!NNETONKA BEACH HINNETRISTA F~ ] 8 6 ~ 17 010N0 ~G~ % D 9 7 FI~ Q 0 0 1 SHOREW00D ~~ 0 0 2 1 SPRING PARK FI~ 7 6 18 8 ~.~G~ 9 1 24 ~ 36 ~UTUAL AID FI~ 0 1 3 5 ~~ 0 0 0 1 TOTAL FIRE CALLS 65 31 ~201{39 123 TOTAL EMERGENCY CALLS 40 23 152 ~CI.~ 0 2 4 1 PgS!D~ 10 6 19 20 ~'~ 0 0 0 0 ~S & ~~S 38 11 [129)67 ~7 A~ 5- 0 7 3 F~E ~ / FIRE ~- 12 11 39 48 hQ. OF H~ FI~ 715 236 1384 1554 MOUND '~G~ 427 263 1769 1910 ~ 1142 499 3153 3464 FI~ 33 59 157 82 - MTKA BEACH ~G~ 11 23 60 0 ~ 44 82 217 82 FI~ 214 92 342 539 M' TR ! STA R.~G~ 95 37 360 498 ~ 309 129 702 1037 FI~ 516 107 862 540 - ORONO ~G~ 40 76 195 115 ~ 556 183 1057 655 FI~ 0 0 0 21 SHOREWOOD m~. 0 0 .44 21 ~ O.. 0 44 42 F~ ~83 ~33 402 179 - SP. PARK ~G~ 161 20 434 668 ~ 344 153 836 847 F~ '0 17 48 - ~ ~D ~G~ 0 0 0 20 T~ 0 17 48 2~ ~o~ D~LS XOURS ]70 167,~ S30 857.5 TOTAL FIRE HOURS 166] 644 qlq5 3099 TOTAL EMERGENCY HOURS 724 4]~ ~6~ ~3L F~E & ~G~ ~S 2395 1063 6057' 633] ~U~UA~ AID RECEIVED 0 O ] ~.!UTUAL AID GIVEN Q 1 ~ 6 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF MAY 1998 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 1 JEFF ANDERSEN X × 2 19'.00,',~ 3 100 6.50 650.00 2GR~G ANDERSON X X 2 19,00 4.5 i! lO] 6.50 656.50 I: 6.50 3 PAUL BABB X X 2 19.00 2 68 442.00 4 DAVID BOYD X ~ X 2 19,00 0 56 6.75 378.00 5 6JIM CASEY X X 2 19.00 0 41 6.50 266.50 7 BOB CRAWFORD X X 2 19. O0 5 88 6.50 572. O0 8RA~DY ~GEIMART X X 2 19. O0 9 43 6.5D 279.50 9DAN GRADY X X 2 19.00 5 64 6.50 416.00 IOKEVIN GRADY X X 2 19.00 3 39 6.50 253.50 llBRUCE GUSTAFSON X X 2 19.00 10 70 6.50 455.00 12PAT HANLEY X X 2 19.00 2 89 5,50 578.50 13CRAIG I-IENDERSON X X 2 19. O0 2 73 6.50 474.50 14PAUL HENRY X X 2 19.00 4.5 47 6.50 305.50 15MAIT HENTGES X X 2 19.00 8.5 69 6.50 448.50 16MATt JAKUBIK X X 2 19.00 3 43 6.50 279.50 i~ROGER KRYCK X X 2 ;19.00 2 59 6.56 383.50 18JOt~ LARSON X X 2 ~19.00 2 57 6.50 370.50 193ASON MAAS X X 2 19.00 15 77 6.50 500.50 2GrONY MYERS X X,. 2 19, O0 8 74 6.50 481. O0 21JOHN NAFUS ~/.E~ (E~ 0 -0~ -2 41 6.50 266.50 22JAMES ~2~SON X X 2 19.00 2.5 43 6.50 279.50 233RET NICCUM X X 2 19.00 2 37 6.50 240.50 24GREG PALM X X 2 19.00 3 68 6.50 442.00 25MIKE PALM ~E~.> X 1 9.50 9.5 70 6.50 455.00 26TI~ PALM .X X 2 19.00 3 71 6.50 461.50 27GREG PEDERSON X X 2 19,00 0 81 7.00 567.00 28CHRIS POUNDER X X 2 19, O0 7 62 6.50 403. O0 29RICHARD ROGERS X X 2 19.00 2 90 6.50 585. O0 30~iIKE SAVAGE X X 2 19.00 18 : I 103 6.50 669.50 31KEVIN SIPPRELL ~E~) X 1 9.50 1 ii 59 6.50 383,00 32RON STALIFuaaN X X 2 19.00 6 i~ 37 6.50 240.50 33BRUCE SVOBODA X X 2 19. O0 0 38 6,50 247. O0 _3~ED VANECt~ X X 2 19.00 1 76 §..50 494.00 _3_5RICK ~'LLIAMS X X 2 19.00 22 85 6.50 552.50 36TIM ~.FiILIAMS X X 2 19.00 8 57 6.50 370.50 37 ~m~r~ wmWCWE X X 2 19.00 7.5 73 6.50 474.50 33 35 68 82.5 87.5 170 546.00 188 2395 FIRE 15,622.00 170 ~]~;'~ 646.00 188 ~ 1,250.00 ~ 17~518.00 City of Mound 06/01/98 Monthly Report Utilities Month of: May 1998 Residential Commercial No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Payments: Water Sewer Recycle Utility-98 Total 1,152 126 1,278 t ,t 54 126 1,280 16,730 3,893 Total 20,623 $29,321 $8,449 $37,770 $73,547 $21,511 $95,058 $6,192 $124 $6,316 $109,060 $30,084 $139,144 $25,102 $3,850 $28,952 $56,133 $11,887 $68,020 $5.233 $109 $5.342 $86.468 $15.846 $t02,314 Total CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 To: Mayor, City Council and City Manager From: Joel Krumm, Liquor Store Manager Date: June 1, 1998 Re: May 1998, Monthly Report Another big month for us. Gross sales in May were $178,499.00. Customer count was 11,700. That compares to May of 1997 when sales were $159,657.00 and customers were 10,773. So far for the year sales are at $664,,605.00. Last year at this same time sales were $605,486.00. The big storm that blew into the Twin Cities area on Friday, May 15~h proved to be very eventful and interesting around here. First of all the 'T' in our Mound Liquor neon sign fell off. It was found later rolling around over by Jubilee's parking lot. Fortunately it somehow stayed intact and we were able to install it the next day when things were calmer. We also lost power for fifteen minutes. Had to lock the doors until everything came back on. We were extremely lucky. The two other Liquor stores in Spring Park and Navarre lost power for the whole night and into the next day. Consequently their customers kept coming down to us. Which made for a huge weekend. ;1.085 printed on recycled paper TO: FRO~: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR MAY FINANCE DEPARTMENT REPORT Investment Activity Bought: Money Market 4M Plus 4,265 Money Market First Bank 50,313 CP Smith Barney 5.625% 305,619 CP Dain Rauscher 5.70% 409,188 Matured: Money Market 4M Plus (40,000) Money Market First Bank (145,000) Money Market Smith Barney (619) CP Dain Rauscher 5.55% (404,404) CP Smith Barney 5.708% (300,674) Financial Re_~orts On May 26 the City Council accepted the 1997 Comprehensive Annual Financial Report and the independent auditor's unqualified opinion. As a follow up to that publication, the Finance Department is required: - to prepare data to be published in the local newspaper. - to compile forms to be sent to the Government Finance Officers Association for their review as part of the program of Excellence in Financial Reporting. - to complete an extensive report to be used by the State Auditor Office and other state agencies. - to send to the State Auditor Office detail data on the Commerce Place tax increment financing district. County Auction On May 2nd the County held the annual car auction and the City of Mound participated with two police cars, two confiscated vehicles and the administration car. The net proceeds from the auction was $19,745. Weather related COSt So far we are not aware of injuries related to the bad weather within the City of Mound and we are very grateful for that. The cost for removing trees and debris, and for other damage is going to be considerable. City employees were required to put in many hours of overtime. I think that the City will be using more resources than for last year's storm, but at this time we are not aware of any help coming from the Federal Govern- ment or the State. LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Monthly Report for May, 1998 The police department responded to 1,082 calls for service during the month of May. There were 52 Part I offenses reported. Those offenses included 1 criminal sexual conduct, 4 aggravated assault, 8 burglaries, 35 larcenies, 1 arson, and 3 vehicle thetis. There were 71 Part II offenses reported. Those offenses included 4 forgery/NSF checks, 4 narcotics, 11 damage to property, 12 liquor law violations, 9 DUI's, 3 simple assaults, 6 domesticS (3 with an assaults), 1 harassment, 12 juvenile status, and 9 other offenses. The patrol division issued 91 adult citations and 5 juvenile citations. Parking violations accounted for an additional 17 tickets. Warnings were issued to 91 individuals for a variety of violations. There was 3 adults and 17 juveniles arrested for a felonies. There were 36 adults and 27 juveniles arrested for misdemeanors. There were an additional 2 misdemeanor warrant arrests. The department assisted in 11 vehicle accidents, 4 with injuries. There were 27 medical emergencies and 49 animal complaints. Mound assisted other agencies on 16 occasions in May and requested assistance 9 times. Property valued at $30,865 was stolen in May. .2.0"/0 MOUND POLICE DEPARTMENT MONTHLY REPORT - May, 1998 II. INVESTIGATIONS The investigators worked on 4 child protection issues cases accounting for 30 hours of investigative time. Other cases included aggravated assault, burglary, arson, probation violation, adult protection, terroristic threats, damage to property, forgery, auto theft, NSF checks, narcotics, theft, harassment, and absenting. Formal complaints were issued for violation of an order for protection, gross misdemeanor DWI, disorderly conduct, and domestic assault. Personnel/Staffing The department used approximately 36 hours of overtime during the month of May. Officers used 57 hours of comp-time, 28 hours of vacation, 27 hours of sick time, and 13 holidays. Officers earned 47 hours of comp time. There were 3 shifts at double time for holidays worked. TRAINING Several officers attended mandatory training through PTAC. Two officers attended the Wilson Leadership course, one officer attended the Can Am narcotics conference, and a attended a course on media relations. V. COMMUNITY SERVICES OFFICERS Officer's Holzerland and Piper addressed 13 animal complaints, ordinance violations, and 111 miscellaneous calls for services. Not available. 19 MOUND POLICE DEPARTMENT MAY 1998 OFFENSES CLEARED EXCEPT- CLEARED BY ARRESTED REPORTED UNFOUNDED CLEARF, D ARREST ADULT JUV PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 4 0 0 2 2 2 8 0 0 2 0 7 35 0 1 3 1 5 3 1 1 1 0 3 1 0 0 0 0 0 TOTAL PART II CRIMES Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault) Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 52 I 2 8 3 17 0 0 0 0 1 0 4 0 1 0 0 0 11 0 0 0 0 0 0 0 0 0 0 0 4 0 0 3 3 1 12 0 0 15 15 2 9 0 0 9 9 0 3 0 0 2 0 3 3 0 0 3 4 0 3 0 0 0 0 0 1 0 0 0 0 0 12 0 0 10 0 19 1 0 0 1 1 0 0 0 0 0 0 0 8 1 0 2 3 2 TOTAL 71 I I 45 36 27 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 7 4 0 27 49 13 835 HCCP Inspections 2 22 TOTAL 1,082 53 39 44 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT APRIL 1998 GENERAL ACTIVITY SI~Y Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS YEAR TO I2%ST YEAR MONTH DATE TO DATE 49 273 444 30 248 365 0 74 105 48 243 359 68 407 338 17 201 361 9 28 42 8 19 34 7 36 40 4 14 17 0 0 0 3 10 17 38 171 188 17 34 10 27 95 49 52 161 85 71 312 319 27 140 127 49 227 264 22 120 120 835 4,214 3,450 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,381 7,027 6,734 81 289 322 59 312 196 2 25 15 16 83 51 9 19 44 MOUND POLICE DEPARTMENT MAY 1998 CITATIONS DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates 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 9 8 0 $ 1 29 0 0 5 2 3 0 4 2 5 0 0 17 2 4 0 1 1 10 108 0 0 1 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 0 _1 5 HOUND POLICE DEPARTMENT MAY 1998 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOT~J~ WARRANT ARRESTS Felony Misdemeanor Adult 27 12 26 0 1 8 0 0 0 11 85 Juveniles 2 2 2 0 0 0 0 0 0 0 0 0 Jun: 29-May-98 16:25 PR003 Prlmary ISN's only: No Date Reported range: 04/26/98 - 05/25/98 Activity codes: All Property Status: All Property Types: All Property Descs: All Brands: All Models: All Officers/Badges: All Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Tp Desc SN Stat Stolen Value Prop type Totals: 20 Prop type Totals: 500 Prop type Totals: 980 Prop type Totals: 56 Prop type Totals: 1,140 Prop type Totals: 6,500 Prop type Totals: 60 Prop type Totals: 2,375 Prop type Totals: 10 Prop type Totals: 2,691 Prop type Totals: 3,555 Prop type Totals: 2,454 Prop type Totals: 10,000 Prop type Totals: 524 Report Totals: 30,865 MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Date Recov'd Recov.d Value 0 5OO 180 0 3O0 0 0 275 0 1,140 0 5 0 5 2,405 Page Quantity Act Brand Model Off-1 Off-2 Code Assnd Assnd 1.000 1.000 9.000 3.000 1.000 1.000 1.000 5.000 1.000 7.000 2.000 9.000 1.000 11.000 53.000 Run: 29-May-98 15:53 CF$08 Primary ISN's only: No Date Reported range: 04/26/98 - 05/25/98 each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All ACTIVITY CODE DESCRIPTION 9000 9001 9008 9012 9014 9015 9023 9030 9034 9038 9040 9041 9100 9150 9200 9210 9220 9240 9253 SPEEDING J-SPEEDING ILLEGAL PASSING OPEN BOTTLE STOP SIGN J-STOP SIGN EQUIPMENT VIOLATION J-CARELESS/RECKLESS J-EXHIBITION DRIVING CROSSWALK VIOLATION STOP ARM VIOLATION ALL OTHER TRAFFIC NO SEATBELT J-NO SEATBELT PARKING/ALL OTHER NO TRAILER PARKING DAS/DAR/DAC PLATES/NO-IMPROPER-EXPIRED NO INSURAnCE/PROOF OF OVERWEIGHT VEHICLE CHANGE OF DOMICILE STOP ARM VIOLATION/NO TICKET MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS 29 1 1 1 3 1 4 1 1 2 2 5 1 1 15 2 5 5 5 1 1 2 Page 1 kun: 29-May-98 15:53 CFS08 Primary ISN's only: No Date Reported range: 04/26/98 - 05/25/98 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVI/"f CODE NI~4BER OF DESCRIPTION INCIDENTS 9300 LOST ARTICLES/OTHER 2 9301 LOST PERSONS 1 9310 FORFEITURES 1 9312 FOUND ANIMALS/IMPOD'NDS 3 9313 FOUND PROPERTY 19 9314 FOL~TD VEHICLES/IMPOUNDED 1 9420 DERELICT AUTO 1 9430 PERSONAL INJURY ACCIDENTS 4 9450 PROPERTY DAMAGE ACCIDENTS 5 9451 H/R PROPERTY DAMAGE ACC. 2 9452 H & R ACCIDENTS W/TICKET 2 9520 PUBLIC PROPERTY ACCIDENTS 2 9566 ANIMAL ENFORCEMENT TICKETS 4 9720 MEDICAL/DOA 1 9730 MEDICALS 24 9731 MEDICALS/DX 2 9800 A~L OTHER/UNCLASSIFIED 10 9801 DOMESTIC/NO ASSAULT 3 9802 PUBLIC ASSIST 3 9810 LOITERING/LURKING 4 9811 J-LOITERING/LURKING 1 9900 ALL HCCP CASES 2 Page ~un: 29-May~98 15:53 CFS08 Primary ISN's only: Date Reported range: range each day: How Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: NO 04/26/98 - 05/25/98 00:00 - 23:59 All All All Ail All All All ACTIVITY CODE DESCRIPTION MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT A/~AJuYSIS BY ACTIVITY CODE NUMBER OF INCIDENTS Page 9904 9930 9932 9980 9992 9993 ~2585 :~5252 '.3253 '5353 ~L351 ~L352 :'2494 h3394 ~3434 ~3494 ~3765 OPEN DOOR/kLAP~4S HANDGUN APPLICATION OFP VIO. CRIME COIFIq~OL & I2%W ENF ACT OF '94 WARP~S MI/I"JALAID/8100 MIFI~JkL AID/6500 MUTUAL AID/ ALL OTHER ASLT 2-SUBSTANTIAL INJURY-FIREARM-ADULT-STR ASLT-2-THREAT BODILY HAR/~-BB GUN-CHLD-ACQ ASLT 3-SUBSTANTIAL INJ]3RY-HA/TDS ETC-A/)LT-ACQ ASLT 3-SUBSTANTIAL INJLrRY-HANDS ETC-A_DLT-STR ASLT 5-MS-INFLICT BD HRM-HANDS-ADULT-STR ASLT 5-MS-FEAR BOD HRM-NO WEAP-ADLT-STR DOM ASLT-MS-INFLT BODILY HAP-M-H/UNDS-AD-FAM ASLT-DOMESTIC-MS-INFLT BODLY HRM-HArDS-ADLT-AC BURG 2-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT BURG 3-UNOCC RES FRC-U-UNK WEAP-COM THEFT BURG 3-UNOCC RES NO FRC-D-b-NK WEAP-COM THEFT BURG 3-UNOCC RES NO FRC-U-UN~K WEAP-COM THEFT BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM THEFT BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM PROPERTY BURG 4-AT FRC NRES-D-UNK WEAP-UNK ACT 2 2 6 3 4 1 1 1 1 2 1 2 1 1 1 1 1 1 2 1 R~un: 29-May-98 15:53 CFS08 Prlmary ISN's only: NO Date Reported range: 04/26/98 - 05/25/98 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT AN~LYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 307E1 FORGERY-UNK LVL-ENDORSE-CI{K 200 OR LESS-PERS 1 C37C1 FORGERY-MS-ENDORSE-CHK-201-2500-PER 1 C37E1 FORGERY-MS-ENDORSE-CHK-200 OR LESS-PER 1 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 2 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 1 7400C ARSON 3-MS-UNK COND-OT PROP-S299 LESS 1 10149 CPM AGST FAM-UNK LVL-CRIM ABUSE VI3LN ADULT-UNK 1 J2501 TRAFF-GM-DUI LIQUOR-UNK INJ-UNK VEH 3 J2E01 TRAF-ACC-GM-AL 10 MORE-UNK INJ-MV 3 '3501 TRAFF-ACCID-MS-DRIVE UNDER INFLUENCE 6 33E01 TRAF-ACC-MS-;kL 10 MORE-UN-K INJ-MV 5 '3R01 TRAFFIC-MS-FAIL TO SUBMIT TO TEST-UNK INJ-MV 1 lIB31 CSC 1-CONTACT-GUARDIAN-UND AGE-13-F 1 >~3001 JUVENILE-ALCOHOL OFFENDER 2 M3002 JUVENILE-CONT SUBST OFFENDER-PO$S SM AMT MARIJ 1 M3005 JUVENILE-USE OF TOBACCO 6 M4140 LIQUOR-UNDERAGE CONSUMPTION 18-21 1 M5313 JUVENILE-CURFEW 3 M5350 JUVENILE-RUNAWAY 3 N3030 DISTURB PEACE-MS-DISORDERLY CONDUCT 1 N3190 DISTURB PEACE-MS-HAR~.ASSING COF~IUNICATIONS 1 N3380 VIOLATION OF HARASSMENT RESTRAINING ORDER 1 Page Run: 29-May-98 15:53 CFS08 Primary ISN's only: Date Reported range: range each day: How Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: NO 04/26/98 - 05/25/98 oo:oo - 23:59 All All All All All Ail All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ;%NA.LYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS PROP DAMAGE-GM-PRIVATE-UNK INTENT PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-PUBLIC-UNK INTENT PROP DAMAGE-MS-BUSINESS-UNK INTENT P2110 73110 P3120 73130 ?B059 THEFT-MORE 2500-FE-YARDS-OTH PROP :B159 73111 :'C159 ~'F059 ~F!59 .G021 ~J029 :,]059 :~069 :Gl51 ?G159 i'G229 '11497 THEFT-MORE 2500-FE-MOTOR VEH-OTH PROP THEFT-501-2500-FE-BUSINESS FN~DS-MONEY THEFT-501-2500-FE-MOTOR VEH-FIREARMS THEFT-501-2500-FE-MOTOR VEH-O/q~ PROP THEFT-201-500-GM-YARDS-OTH PROP THEFT-201-500-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-MS-BUILDING-MONEY THEFT-LESS 200-MS-BUILDING-OTH PROP THEFT-LESS 200-MS-YARDS-OTHR PROP THEFT-LESS 200-MS-MAILS-OTHER PROP THEFT-LESS 200-MS-MOTOR VEH-MONq~Y THEFT-LESS 200-MS-MOTOR VEH-OT~ER THEFT-LESS 200-MS-STREET-PK LT-OT~ PROP THEFT-FE-BICYCLE-NO MOTOR-201-500 THEFT-MS-ISSUE WORTHLESS CHECK-200 OR LESS THEFT-MS-BY SWINDLE OR TRICK-200 OR LESS THEFT-MS-BICYCLE-NO MO~X)R-200 OR LESS 5 4 1 1 1 1 1 1 3 1 3 1 1 2 3 3 5 1 1 1 1 6 U3068 '33498 Page 5 Run: 29-May-98 15:53 CFS08 Primary ISN's only: No Date Reported range: 04/26/98 - 05/25/98 rime range each day: 00:00 ~ 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE ~ER OF DESCRIPTION INCIDENTS VA024 VEH-MORE T~AN 2500-FE-TFIEFT-SNOW I VB021 VEH-501-2500-FE-THEFT-AUTO VE081 VEH-200 OR LESS-MS-TAMPER-AUTO X3080 CRIM AGNST ADMN JUST-MS-OBST LEGAL PROCESS Page Report Totals: 327 Run: 29-May-98 15:56 0FF01 Primary ISN's only: Date Reported range: range each day: Dispositions: Activity codes: Officers/Badges: Grids: No 04/26/98 - 05/29/98 00:00 - 23:59 All All All All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ACT ACTIVITY OFFENSES UN- ACTUAL CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ..... OFFENSES CLEARED .... ADULT JI3VENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED A2323 A2585 A3252 A3253 A5352 A5353 A5503 B2494 i~3394 ~3434 B3494 !i3764 !~3765 ~4030 £1211 337C1 '37E1 DA540 I0149 ASLT 2-SUBSTANTIAL INJURY~FIREARM-ADULT-STR 1 0 1 0 1 0 0 1 100.0 ASLT-2-THREAT BODILY H~M-BB GUN-CHLD-ACQ 1 0 1 I 0 0 0 0 0.0 ASLT 3-SUBSTANTIAL INJLrRY-HA/TDS ETC-ADLT~ACQ 1 0 1 1 0 0 0 0 0.0 ASLT 3-SUBSTANTIAL INJURY-HANDS ETC-ADLT-STR 1 0 1 0 1 0 0 1 100.0 ASLT 5-MS-INFLICT BD }{P.M-HANDS-ASLT-AC I 0 1 0 0 1 0 1 100.0 ASLT 5-MS-INFLICT BD HRM-HA~rDS-ADULT-STR 2 0 2 1 0 1 0 1 50.0 ASLT 5-MS-FEAR BOD HRM-NO WEAP-ADLT-STR 1 0 1 1 0 0 0 0 0.0 DOM ASLT-MS-INFLT BODILY HA~RM-HANDS-AD-FAM 2 0 2 0 2 0 0 2 100.0 ASLT-DOMESTIC-MS-INFLT BODLY H]{M-~I~DS-ADLT-AC 1 0 1 0 1 0 0 1 100.0 BURG 2-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT 1 0 1 1 0 0 0 0 0.0 BURG 3-UNOCC RES FRC-U-UNK WEAP-COM THEFT 1 0 1 1 0 0 0 0 0.0 BURG 3-UNOCC RES NO FRC-D-UNK WEAP-COM THEFT 1 0 1 1 0 0 0 0 0.0 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM T~EFT I 0 1 1 0 0 0 0 0.0 BURG 3-UNOCC NRES FRC-N-UNK WEAP-COM THEFT 1 0 1 1 0 0 0 0 0.0 BURG 3-LrNOCC NRES FRC-N-UNK WEAP-COM PROPERTY 2 0 2 0 0 2 0 2 100.0 BURG 4-AT FRC NRES-D-UNK WEAP-UNK ACT 1 0 1 1 0 0 0 0 0.0 FORGERY-FE-UTT POSSESS PLACE-CHECK-PERSON 1 0 1 1 0 0 0 0 0.0 FORGERY-MS-ENDORSE~CHK-201-2500-PER 1 0 1 1 0 0 0 0 0.0 FORGERY-MS~ENDORSE-CHK-200 OR LESS-PER 1 0 1 0 0 0 1 1 100.0 DRUGS-SM AMT IN MOT VEH-POSS-F~RIJ-UNK 2 0 2 0 2 0 0 2 100.0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 1 0 1 0 1 0 0 1 100.0 ARSON 3-MS-UNK COND-OT PROP-S299 LESS 1 0 1 1 0 0 0 0 0.0 CRM AGST FAM-UNK LVL-CRIM ABUSE VULN ADULT-UNK 1 i 0 0 0 0 0 0 0.0 ku~: 29.May.98 15:56 OFF01 MOUND POLIce DEPARTMENT Primary ISN,s Only: No Date Reported range: 04/26/98 . 05/29/98 Enfors Offense Report Time range each day: 00:00 _ 23:59 Dispositions: Ail OFFENSE ACTIViTy DISPOSITiONs Activity COdes: All Officers/Badges: All Grids: All Page ACT ACTIVITy CODE DESCRIPTION J2501 TRAFF-GM-Dui LiQUoR_uNK INJ-UNK VEH J2Eo1 3 0 3 TRAP-ACc-GM-AL 10 MORE-LINK iNj_Mi; 33501 3 0 3 TRAPF-ACCID-MS_DRivE UNDER INFLUENCE I3EO1 6 0 6 TRAP'ACC-MS'AL 10 MORE-UNK iNj_Mv 13RO1 TRAFFIC-MS_FAiL TO SUBMIT TO TEST-UNK INj_MV 5 0 5 !~3! CSC i_CONTACT_GUARDIAN_uND 1 0 AGE-13-F ~025 CSC 4-UNK 1 ACT-PARENT-13_15_F - 001 J-GVENILE-ALCORoL OFFENDER $ )05 JI3VENILE-usE OF TOBACCO 5 40 LIQUOR-UNDERAGE CONSUMPTION 18-21 5 C 5 ~3 JUVENILE-cURFEW 1 0 1 0 JUVENILE_ RUNAWAy 2 0 2 ; DISTURB PEACE-MS-DISORDERLy CONDucT DISTURB PEACE-MS-HARRASSiN~ COMMUNICATIONS VIOLATION OF HARASSMENT RESTRAINING ORDER PROp DAMAGE_GM_PRiVATE.uNK INTENT PROP DAMAGE_Ms_PRIVATE_uNK INTENT n DAMAGE.Ms. PUBLiC~UNK INTENT DAMAGE-MS-BusINESS~UNK INTENT % MORE 2500_FE~YARDs_oTH PROP ~ WORE 2500-FE-MoTOR VEH~OTH PROP I 1-2500-FE-YARDS-oTH PROp /' ?500-FE-BUSINESS FNDS-MoNEy 1 1 1 1 OFFENSES UN- ACTUAL REPORTED FOUNDED OFFENSEs 3 1 2 0 1 0 6 0 4 0 ! 0 1 0 1 0 1 PENDING 0 0 0 0 0 ! 1 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 1 0 ..... OFFENSES CLEARED ADULT ~sT aa~sT UE~r~ON ,RCENT ........ TOTAL - :TARED 3 3 6 5 0 $ 0 4 0 0 2 0 3 0.0 3 0 6 lC 5 10C 1 100.0 0 0.0 0 0.0 5 100.0 5 100.0 1 lO0.o 2 100.0 100.0 100.0 0.0 100.0 0.0 0.0 0.0 0.0 3 0 0 0 0 0.0 0.0 0.0 100.0 Run: 29-Ma¥-98 15:56 OFF01 Primary ISN's only: Date Reported range: range each day: Dispositions: Activity codes: Officers/Badges: Grids: NO 04/26/98 - 05/29/98 00:00 - 23:59 All All All All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 3 ACT ACTIVITY OFFENSES UN- AC773AL CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING THEFT-501-2500-FE-MOTOR VEH-FIREARMS THEFT-501-2500-FE-MOTOR VEH-OTH PROP THEFT-201-500-GM-YARDS-OTH PROP THEFT-201-500-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-MS-BUILDING-MONEY THEFT-LESS 200-MS-BUILDING-OTH PROP THEFT-LESS 200-MS-YARDS-OTHR PROP THEFT-LESS 200-MS-MAILS-OTHER PROP THEFT-LESS 200-MS-MOTOR VEH-MONEY THEFT-LESS 200-MS-MOTOR VEH-OTHER THEFT-LESS 200-MS-STREET-PK LT-OTH PROP THEFT-FE-BICYCLE-NO MOTOR-201-500 THEFT-MS-ISSUE WORTHLESS CHECK-200 OR LESS THEFT-MS-BY SWINDLE OR TRICK-200 OR LESS THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS VEH-MORE THAN 2500-FE-THEFT-SNOW VEH-501-2500-FE-THEFT-AUTO VEH-200 OR LESS-MS-TAMPER-AUTO CRIM AGNST ADMN JUST-MS-OBST LEGAL PROCESS ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED TC155 TC159 TF059 ?F159 ?G021 IG029 /G059 :'G069 FG!59 ?G229 ~1497 ~3028 ~3068 ~3498 JA024 JB021 /E081 :':3080 0 1 1 0 0 0 0 0.0 0 4 4 0 0 0 0 0.0 1 0 0 0 0 0 0 0.0 0 3 3 0 0 0 0 0.0 0 1 0 0 1 0 1 100.0 0 1 1 0 0 0 0 0.0 0 2 2 0 0 0 0 0.0 0 3 3 0 0 0 0 0.0 0 3 3 0 0 0 0 0.0 0 5 4 0 1 0 1 20,0 0 1 0 0 0 1 1 100.0 0 1 1 0 0 0 0 0.0 0 1 1 0 0 0 0 0.0 0 1 1 0 0 0 0 0,0 0 6 6 0 0 0 0 O.0 0 1 1 0 0 0 0 0.0 0 1 0 0 0 1 1 100.0 0 1 0 0 1 0 1 100.0 0 1 0 0 1 0 1 100.0 **** Report Totals: 121 2 119 63 31 22 3 56 47.0 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 II/IEMOI~AIVDUM DATE: June 1, 1998 TO: City Manager, Members of the City Council and Staff FROM: Jon Sutherland, Building Official SUBJECT: MAY 1998 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 46 building permits issued in May for a construction value of $ 458,914. we issued 24 plumbing, mechanical, and miscellaneous permits for a total of 70 permits this month, and 257 permits year-to-date. Total valuation now stands at $1,558,562. Thus far 8 permits have been issued to repair damage to property due to the storm and high winds that hit on May 15, 1998. PLANNING & ZONING The Planning Commission reviewed sixteen (16) cases and sent seven (7) variance cases, one (1) Minor Subdivision cases and one (1) rezoning amendment to the City Council. One case was denied and one case was withdrawn. The Planning Commission continued five (5) cases. kl City of Mound BUILDING ACTIVITY REPORT Month: ~¥ Year: 1998 THIS MONTH YEAR TO DATE RES IDENTIALNEW CONSTRUCTION II #PERMtTS I # UNITS I VALUATION II #UNITS I VALUATION SINGLE FAMILY DETACHED 1 ]. 130 , 000 3 /418 , 68/4 SINGLE FAMILY ATTACHED (CONDOS) TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL 1 ]. 1301000 3 ~18168~ COMMERCIAL (RETAIL/RESTAURANT} OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL 0 0 0 0 ADmnONS TO PmNaPAL BU~LmNG 2 10/4 ~ 397 9 3/48~ 96/4 DETACHED ACCESSOBY BU~LmNGS 4 /48 ~ 651 10 119~ 7/4/4 DECKS 8 65,180 17 89, 110 SWIMMING POOLS 0 0 REMODEL- MiSt RESIDENTIAL 28 97,825 92 /47 [, 9 0 6 REMODEL- MULTIPLE DWELLINGS 0 0 SUBTOTAL 42 316,053 129 1,053,047 COMMERCIAL {RETAIL/RESTAURANTI 1 500 3 50,670 OFFICE / PROFESSIONAL 1 2, 500 1 2,500 INDUSTRIAL 0 I 500 PUBLIC /SCHOOLS i 9,861 2 33,161 DETACHED ACCESSORY BUILDINGS 0 0 SUBTOTAL 3 12 t 8,61 7 86 t 831 RESIDENTIAL DWELLINGS NON RESIDENTIAL BUILDINGS TOTAL DEMOLITIONS 0 0 0 0 # PERMITS # UNITS VALUATION # UNITS VALUATION # PERMITS 3 TOTAL 46 /458,914 139 1,558 , 562 PERMIT COUNT I THIS MONTH J YEAR-TO-DATE "BUILDING 46 139 FENCES & RETAINING WALLS 4 14 SIGNS 0 2 PLUMBING 6 52 MECHANICAL 12 /4 2 GRADING 0 0 S&W, STREET EXCAV., FIRE, ETC. 2 ~ TOTAL I 70 I ? ~ 7 0 z 0 ww z ~ z n,' Z 0 0 ~z ~ ~ ~Oz w ~Z~ Z 5www~ZW~ ~ZZZZ~ZZ GENERAL PERMIT REPORT FOR MONTH OF MAY 1998 MONTH YEAR DAY PERMIT# ADDRESS CONTRACTOR PERMIT TYPE MAY 98 8 3975 5054 BAYPORT ROAD MAY 98 6 3978 4882 EDGEWATER DR MAY 98 8 3979 2560 LAKEWOOD LANE MAY 98 8 3980 5508 BREEZY RD MAY 98 13 3981 4882 EDGEWATER DR MAY 98 11 3982 5330 PIPER ROAD MAY 98 11 3983 1603 MAPLE MANORS CT MAY 98 14 3984 2858 PELICAN POINT CIR MAY 98 14 3986 5148 TUXEDO BLVD MAY 98 19 3987 5070 WINDSOR RD MAY 98 19 3988 2868 PELICAN POINT CIR MAY 98 22 3989 2910 OAKLAWN LANE MAY 98 26 3990 4727 CUMBERLAND RD MAY 98 26 3991 2964 PELICAN POINT CIR MAY 98 26 3992 2974 PELICAN POINT CIR MAY 98 26 3993 2858 PELICAN POINT CIR MAY 98 26 3994 4957 ISLAND VIEW DRIVE MAY 98 26 3995 2600 SETTER CIRCLE MAY 98 28 3996 5573 BARTLETT BLVD MAY 98 28 3997 1754 RESTHAVEN LANE NORBLOM PLUMBING LEGEND PLUMBING CULLIGAN WATER DIAMOND POWER LEGEND HEATING & AIR CUSTOM PLUMB KLEVE HEATING STEINKRAUS NARKIE HEATING DEL MAR STEINKRAUS WESTONKA S/W DIAMOND POWER FLARE HEATING FLARE HEATING FLARE HEATING PLUMB PLUMB PLUMB MECH MECH PLUMB MECH PLUMB MECH MECH PLUMB WIS CON-ST EXC MECH MECH MECH MECH DEPENDABLE INDOOR AIR MECH DAN BRADLEY CURB CUT COUNTRYSIDE HEATING MECH DIAMOND POWER MECH ,211o CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 June 4, 1998 TO: CITY MANAGER FROM: CITY CLERK RE: MAY MONTHLY REPORT There were 2 regular Council Meetings in May. From these meetings there were minutes, resolutions and follow-up items to be completed. I attended the annual IIMC (International Institute of Municipal Clerks) Conference from May 15 to 22. There were a variety of topics covered in the educational sessions, presentations and the exhibits. I feel this conference helps me to acquire knowledge that can be used in Mound to better serve the residents and my profession. There were over 40 different workshops on a variety of topics. IIMC now has over 10,000 members from all over the world. Review of all liquor and beer license applications and required accompanying data that have been submitted. The usual calls from citizens. printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1667 (612) 472-0600 FAX (612) 472-O620 MONTHLY REPORT MAY PUBLIC WORKS STREET DEPARTMENT We have started repairing our water main breaks patches. Don and Brain have also started hand patching for this years seal coating. The big job this mouth is the clean up from storms. We have spent the second half of the month picking up and trimming trees and branches. We had our annual (and most likely our last) recycling day. WATER DEPARTMENT Bob Shanley has returned to work on the 18th. Jerry has been doing meter work and shut-off repairs and locates. We were unable to flush fire hydrants this month due to the storm. We will flush on June 8th. SEWER DEPARTMENT Scott and Damon cleaned some storm and sewer lines before the storm. After the storm they were doing repairs to the electrical problem that resulted from the storm. We will mm this damage over to the insurance company in June. MISC. The summer banners are up. We also got all the parking lots striped. printed on recycled paper BOARD MEMBERS Douglas E. Babcock' Chair, Tonka Bay Bert Foster Vice Chair, Deephaven Eugene Partyka Secretary, Minnetrista Craig Nelson Treasurer, Spring Park Andrea Ahrens Mound Bob Ambrose Wayzata Kent Dahlen Minnetonka Beach Craig Eggers Victoria Tom Gilman Excelsior Greg Kitchak Minnetonka I.iii McMillan Orono Robert Rascop Shorewood Herb J. Suerth Woodland Sheldon Wert Greenwood RECEIVED 3 1§cj8 LAKE MINNETONKA CONSERVATION DISTRICT 2500 SHADY~NOOD ROAD. SUITE 19 - EXCELSIOR, MINNESOTA 55331 · TELEPHONE 612/471-9588 · FAX 612/471-0632 Gregory S. Nybeck, EXECUTIVE DIRECTOR May 29, 1998 TO: FROM: LMCD Member Cities LMCD Board of Directors Greg Nybeck, Executive Director SUBJECT: 1999 Draft LMCD Budget Enclosed is a copy of the 1999 Draft LMCD Budget for your review. A meeting has been scheduled at NOON on Friday, 6/5/98 in the LMCD conference room to review and allow your input on it. Under its enabling act, the LMCD is required to adopt a budget before July 1 of each year for the upcoming calendar year. If any city objects to the budget, the LMCD is required under its enabling legislation to hold a hearing to consider these objections. The LMCD values your input and believes it is a key element in our budget process. I strongly encourage you to attend the meeting scheduled for 6/5/98. A light lunch will be provided for those that attend. I look forward to your attendance at this meeting! 50% Recyclgc~ Content 20% Post Con.5,umet Waste Web Page Address: http://www.winternet.com/-Imcd/ E-mail Address: Imcd@winternet.com DRAFT LAKE MINNETONKA CONSERVATION DISTRICT 1999 BUDGET 1996 Budget 1. Administration a) LMCD Communities Admn Levy b) Reserve Fund Contribulion c) Court Fines d) Licenses e) BWSE f) Interesl, Public Funds 8,000 g) Other Income 0 SUB-TOTAL ADMINISTRATION 245,800 2. Exotics Management a) LMCD Communities Exotics Mgmt Levy 29,500 b) Other Public Agencies 24,500 c) Private Solicitation 1,000 d) Reserve Fund Allocation 50,000 e) Interest 10,000 SUB-TOTAL EXOTICS MANAGEMENT 115,000 TOTAL REVENUES 360,800 · ?~ . ~ ADMINISTRATION 1. Personnel Services: a) Salaries 106,000 b) Planning/Special Projects Intern c) Employer Benefit Contributions 18,000 SUB-TOTAL PERSONNEL SERVICES 124,000 2. Contractual Services: a) Office Lease & Storage 12,200 b) Professional Services 10,000 SUB-TOTAL CONTRACTUAL SERVICES 22,200 3. Office & Administration: a) Office, General Supplies 4,500 b) Telephone 2,000 c) Postage 4,800 d) Printing, Publications, Advertising 2,000 e) Maintenance, Office Equipment 2,000 f) Subscriptions, Memberships 300 g) Insurance, Bonds 7,500 h) Public Information, Legal Notices 2,000 i) Mileage, Expenses, Training 1,500 j) BWSE Expenses k) Wintemet I) WebPage/Inlernel Maintenance/Service SUB-TOTAL OFFICE & ADMINISTRATION 26,600 4. Capital Outlay: a) Furniture, Equipment 1,000 b) Computer software & hardware; 2,500 training SUB-TOTAL CAPITAL OUTLAY 3,500 5. Legal: a) Legal Services 22,000 b) Prosecution Services 27,000 c) Henri. County Room & Board 6,000 d) Recodification/Zoning SUB-TOTAL LEGAL 55,000 6. Contract Services/Studies: a) Mgmt Plan Implementation 14,500 b) Boater Ed. Pilot Program 0 c) Record Archival 0 d) Access/Channel Signage SUB-TOTAL CONTRACT SERVICES/STUDIES 14,500 7. Contingency TOTAL ADMINISTRATIVE EXPENSES 111,800 0 40,000 86,000 1996 1997 1997 1998 1998 1999 A~ual Budget Actual Budget YTD (3/31) Budget 109,564 80,524 80,524 109,640 30,239 104,448 0 48,000 0 0 0 15,000 40,238 40,000 43,173 40,000 9,732 40,000 119,182 86,000 105,103 100,000 87,554 100,000 2,100 8,265 8,000 11,398 8,000 4,022 10,000 9,557 1,000 3,687 2,000 5,591 2,000 286,806 263,524 243,885 259,640 137,138 273,548 28,910 67,500 67,501 64,500 17,789 42,000 24,500 24,500 23,854 24,000 0 24,000 0 1,000 0 1,000 0 0 0 12,000 0 5,500 0 ~0,000 10,092 12,000 8,021 12,000 4,679 8,000 63,502 117,000 99,376 107,000 18,258 94,000 350,308 380,524 343,261 366,640 165,396 367,648 106,424 111,418 91,884 95,480 25,249 102,500 0 0 19,640 18,646 15,477 16,618 5,393 18,668 126,024 130,064 107,361 112,098 30,642 121,168 15,031 17,160 18,272 17,952 4,473 18,000 11,076 10,000 10,988 10,000 2,175 240 26,107 27.160 29,260 27,952 6,648 18,240 4,755 4,500 3,035 5,000 509 4,500 3,253 2,000 4,006 4,140 995 4,440 3,750 5,000 3,175 4,500 900 4,350 2,192 2,500 2,187 2,500 0 2,500 1,643 2,000 2,470 2,000 997 2,500 65 300 1,034 450 198 450 6,382 7,000 6,705 6,000 0 7,000 2,151 2,000 2,099 2,000 278 2,000 1,313 1,500 1,280 1,500 478 1,500 794 2,100 75 300 0 1,000 25,504 26,800 26,785 28,090 4,430 32,640 0 1,000 262 1,000 0 1,000 7,475 10,000 2,279 2,500 43 2,000 7,475 11,000 2,541 3,500 43 3,000 19,717 20,000 15,268 20,000 7,155 20,000 28,246 28,000 31,028 30,000 17,597 32,000 1,695 3,000 3,180 3,000 1,129 4,000 0 7,500 0 7,500 49,658 51,000 49,476 60,500 25,881 63.500 26,833 5,000 6,050 10,200' 209 0 0 5,000 0 0 0 0 0 7,500 0 10,000 20,000 26,833 17,500 6,050 20,200 209 20,000 10,853 6,000 177 15,000 245,800 261,601 263,524 232,752 259,640 68,030 273,548 1996 1996 1997 1997 1998 1998 1999 Budget Actual Budget Actual Budget Y'rD (3/31) Bud/let EXOTICS MANAGEMENT 1. Weed Harvesting Operational Exp.: a) Salaries & Employer Taxes/Insurance 35,000 30,533 35,000 22,034 32,000 b) Trucking Contract 26,000 10,913 21,000 12,804 15,000 c) Administrative 4,000 1,091 1,000 1,539 1,000 d) Operational Supplies 20,000 17,589 22,000 14,641 20,000 e) Contract Services 15,000 15,396 16,000 18,420 19,000 f) Heavy Growth Season Extension 15,000 8,447 7,000 0 8,000 SUB-TOTAL WEED HARVESTING OP. EXP. 115,000 83,969 102,000 69,438 95,000 2. Zebra Mussel Operational Exp.: 0 0 73 3 0 0 76 30,000 15,000 1,000 15,000 20,000 8,000 79,000 0 0 15,000 989 12,000 0 15,000 TOTAL EXOTICS MANAGEMENT EXPENSES 115,000 83,969 117,000 70,427 107,000 TOTAL DISBURSEMENTS 360,800 345,670 380,524 303,179 366,640 Save the Lake Program Income: a) Private Donations 27,000 25,015 27,000 33,873 30,000 b) Other Income 2,000 698 1,000 3,941 1,800 c) interest 4,500 2,425 4,000 7,020 7,000 SUB-TOTAL SAVE THE LAKE INCOME 33,500 28,138 32,000 44,834 38,800 Save the Lake Program Expenses: a) Administrative 4,000 4,912 3,700 2,723 3,700 b) Program 36,723 19,776 28,300 18,319 35,100 SUB-TOTAL SAVE THE LAKE EXPENSES 40,723 24,688 32,000 21,042 38,800 76 68,106 55 0 690 745 196 2,042 2,238 INFORMATIONAL: EWM Equipment Depreciation 35,000 35,000 35,000 35,000 12,000 94,000 367,548 35,000 ... ,,7115"' LAKE MINNET0~ CONSERVATION DISTRICT 1999 BUDGET DRAFT The following assumptions were made in the preparation of the draft 1999 LMCD Budget: Salaries (la) Executive Director Admin. Tech. Admin. Ass't. Admin. Clerk Employer Benefit Contributions (lb) P.E.R.A. (4.75%) P.E.R.A. Life Ins. Unum Life Ins. F.I.C.A. & Medicare Medical Ins. Office Lease & Storage (2a) Office & storage ($1,500/mo.) Off-site storage Telephone (3b) U.S. West AT&T Insurance, Bonds (3g) Property Inland Marine Municipal Liability Excess Liability w/Waiver Bond Access/Channel Signage (6d) Public Accesses Channels Bridges Contingency (8) Salaries, Prof. Services, Moving Exp., etc Current 1999 $42,000 $42,000 $29,500 $29,500 $22,000 $22,000 $11.20 per hour $9,000 $4,868.75 $432.00 $64.80 $7,841.25 $5,461.20 $18,668.00 $18,000.00 $240.00 $18,240.00 $4,200.00 $240.00 $4,440.00 $150.00 $1,100.00 $4,000.00 $1,500.00 $250.00 $7,000.00 $13,000.00 $5,000.00 $2,000.00 $20,000.00 $15,000.00 .$102,500 EWM Salaries & Employer Taxes/Insurance (la) · Salaries F. I. C.A. & Medicare (7.65 %) Insurance (Auto & Workers Comp.) Zebra Mussel Program (2) Salaries F.I.C.A. Insurance Operation Supplies Public Education Contingency 1998 12/31/97 Balance Budgeted Reserve Fund Allocation Transfer to Equip. Repl. Fund 1999 Projected 12/31/98 Balance Reserve Fund Allocation Transfer to Equip. Repl. Fund Projected 12/31/99 Balance $25,000.00 $2,300.00 $2,700.00 $30,000.00 $2,000.00 $230.00 $1,000.00 $1,000.00 $10,000.00 $770.00 $15,000.00 Administration $138,282 $0 $0 $138,282 $138,282 $15,000 $0 $123,282 EWM/Exotics $167,691 $5,500 $12,000 $150,191 $150,191 $20,000 $35,000 $95,191 Minnehaha Creek Watershed District Improving Qua/i~y of Water, Quali~y of £ife Gray Freshwater Center Hv~/s. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Email: admin @ minnehahacreek.org Web Site: www.minnehahacreek.org Board of Managers Pamela G. Blixt James Calkins Lance Fisher Monica Gross Thomas W. LaBounty Thomas Maple, Jr. Malcolm Reid District Office: Diane R Lynch District Administrator i~ Printed on recycled paper containing at least 30% po~t consumer waste, RECEIVED .;j;;- 3 1998 MEMORANDUM DATE: May 29, 1998 TO: Mayor Polston & Manager Shukle FROM: Diane Lynch District Administrator RE: Board Liaisons is: Tom Maple Phone # 474-4514 The Minnehaha Creek Watershed District would like to enhance communications with all of our member cities and townships. As a result of several meetings with cities, the Board decided on May 14 to assign a manager (liaison) to each of our member cities and townships. The liaison is supposed to establish a relationship or enhance an existing working relationship with a public official representing the assigned city or township. In addition: · The manager (liaison) assigned is the only Board representative to the city or township authorized to represent the Board, unless the Board determines it is in the best interests of the District to involve another/other manager(s) olt is the responsibility of the liaison to represent the Board accurately regarding Board action or the status of Board activities · When speaking on his/her own behalf, the liaison must make it clear that she/he represents only one point of view on Board matters and does not have the authority to make promises regarding future Board action °The liaison is supposed to communicate by phone and personal visits to the each city or township at !east quarterly, in order to provide information on specific concerns and to mutually provide updates regarding activities that affect both entities oln addition, it is the liaison's responsibility to keep the MCWD Board and staff informed regarding township issues and concerns The Board requests that your city pass a resolution or complete another form of authorization to appoint a public official to interface with the liaison. In addition, please assign a staff person to be the official liaison with District staff. If possible, we'd like the name of the public official and staff liaisons by June 19, 1998. If you have any questions, please contact me at 612-471-0590. Thank you! PARK AND OPEN SPACE COMMISSION MINUTES May 14, 1998 Present were: Peter Meyer, Bev Botko, Rita Pederson, Tom Casey, and City Council Representative Leah Weycker. Also present were Park Director Jim Fackler and Secretary Clare Link. The following interested citizens were also present: Jacquie Robbins and Mary Berglund. MINUTES Motion made by Botko, seconded by Pederson to approve the minutes of the April 9, 1998 Park and Open Space Commission meeting, as amended: page 4, Meyers suggested the plumber come out and clear out the drain; page 6, delete "being designed as an NCA. Motion carried unanimously. AGENDA CHANGES Dumping on City Property Discussion was added. He also suggested the June and July meetings start at 8:00 p.m. A report on Lake Sanders will also be made. REQUEST FOR PUBLIC INPUT ON PARKS Meyer asked those present for input on parks. Jacqueline Robbins, 3036 Highland Boulevard requested new play equipment be installed at Highland Park. She described the unsafe condition of the existing equipment. She illustrated her points by showing pictures of the equipment. She stated much of the equipment can remain and is suitable for older children. There needs to be more equipment for younger children. Pederson asked what the cost would be. Fackler stated all ADA requirements will be in effect in 1999, and the cost will double. Meyer asked if there are any plans to replace the equipment at Highland. Fackler stated staff is aware it needs to be replaced, but there are no plans. He explained the accessibility requirements which must be met. Robbins suggested more swings be added at least. Meyer asked if it would be helpful to even out the ground. Robbins replied it is not necessary. Mary Berglund, 5049 Avon Drive stated she would like to have more swings in the newly remodeled Avon Park. She stated she would also like to have the basketball City of Mound Park and Open Space Commission May 14, 1998 Page 2 refinished and striped for older children. She would also like to have the road going into the park resurfaced. Fackler noted it is access for an existing house. POSC CAPITAL OUTLAY REQUEST FOR 1999 Meyer reviewed requests for capital outlay items for 1999. He stated a workshop has been scheduled for Monday, May 18 at 7:00 p.m. ISLAND PARK HALL Meyer stated the standing water is gone from the basement. Meyer asked for paint estimates. Weycker stated an article will be put in the newsletter requesting information on the hall's history. Commissioners discussed holding the POSC meetings at the hall in June. Weycker was not in favor of the idea. Weycker suggested a follow-up letter be put in the Laker inviting people to visit the building. Commissioners discussed a combined open house and POSC meeting. Casey suggested an architect provide an estimate of remodeling the entire building rather than pieces here and there. Motion made by Weycker, seconded by Casey to recommend getting an estimate from McCombs Frank Roos on the work that needs to be done to remodel Island Park Hall and to provide information on the architectural and historical value of the building. Commissioners discussed funding for the estimate. Fackler suggested funding from the park dedication fund. Casey suggested it come out of the General Fund. If funds are not available, he would like to know why. Weycker suggested getting estimates to provide the estimates. Motion made by Weycker, seconded by Meyer to get estimates from two architectural firms on the cost for the analysis of the renovation of IP Hall. Motion carried unanimously. City of Mound Park and Open Space Commission May 14, 1998 Page 3 LOST LAKE DREDGE COSTS Information is not available yet. RENTAL FEES FOR DEPOT Pederson suggested a sign be put in the Depot noting nails are not allowed in the walls. She stated she would also like a list of who is using the facility. Fackler stated knowing who is using the building could help to determine if the rental fees need to be adjusted. Casey believed rental fees should go into the park dedication fund. Motion made by Casey, seconded by Pederson that all rental fees from the Depot be repaid into the park dedication fund. Motion carried unanimously. Pederson suggested a monthly report be provided of the Depot use. Meyer suggested it be provided twice a year. Motion made by Pederson, seconded by Botko to request an analysis of the previous year's use and cash flow for the Depot in February. Motion carried unanimously. Fackler stated Jody at city hall could have a sign made up regarding nail usage. PARK DEDICATION FUND BALANCE Commissioners reviewed the park dedication fund balance. LANGDON LAKE PROPERTY Meyer was concerned Langdon Lake property may be getting filled in. Fackler stated the contractor is not depositing fill on City property. He stated the only way it can be determined for sure is to have a survey done. CRESCENT PARK PLAN Meyer suggested restoring part of the park but discussions should wait. City of Mound Park and Open Space Commission May 14, 1998 Page 4 Commissioners discussed plans for the park. MOSQUITO CONTROL/LONG GRASS PROGRAM Casey updated the Commission on mosquito control and responsibilities of the Metropolitan Mosquito Control District. He stated property owners can request their property not be sprayed for mosquitoes. He suggested having representatives from MMCD and the Audobon Society to come to the July meeting. PLAN FOR COMMUNITY CENTER Meyer asked if there is any new information on the green space. Weycker stated there is no additional information. MARCH FOR PARKS Meyer reviewed the March for Parks. Mound made $435 which will be split between park acquisition and Music in the Parks. JUNE POSC AGENDA The park tour will take place at the June meeting beginning at 7:00 p.m. DUMPING ON CITY PROPERTY Weycker noted dumping can be reported to the City's CSO. Fackler stated a resident has to see someone actually doing the dumping. Meyer stated education and awareness are needed. Weycker stated dumping is a legal concern and should not be an issue of the POSC. Commissioners discussed problems with dumping throughout the city. Weycker suggested talking to the police chief about their dumping concerns. LAKE SANDERS Pederson reported on Lake Sanders issues. REPORTS City of Mound Park and Open Space Commission May 14, 1998 Page 5 Weycker reported on City Council actions. Commissioners and staff discussed recent mediation. Fackler discussed getting parks ready for the summer. ADJOURN Motion made by Weycker, seconded by Botko to adjourn the meeting at 10:15 p.m.. Motion carried unanimously. Moody's Investors Service 99 Church Street New York, New York 10007 May 22, 1998 Mr. Gino Businaro Finance Director City of Mound 5341 Maywood Road Mound, MN 55364-1687 Dear Mr. Businaro: We wish to inform you that on May 22, 1998, Moody's Rating Committee reviewed and assigned an A2 rating on the City of Mound General Obligation bonds. Moody's will monitor this rating and reserves the right, in its sole discretion, to revise or withdraw this rating at any time in the future. The rating as well as any revisions or withdrawals thereof will be publicly disseminated by Moody's through normal print and electronic media and in response to oral requests to Moody's rating desk. Should you have any questions regarding the above, please do not hesitate to contact me or the analyst assigned to this credit, Jennifer L. Davis at (212) 553-4051. Sincerely, Nicole Jol~nson Senior Vice President NJ:ko JUN-Ol-1998 02:06 MOODY'S Moody's Investors ervme Municipal Credit Research 212 553 3?90 M.82/02 January 13, 1997 Special C~?lment New York Moody's Expands Rating Scale for All Public Finance Issues Effective immediately, Moody's will rate new public finance issues ~]sing expanded bond racing symbols, to inc[ude the n~uncrical ,nodi~ers 2 and 3. These modifiers will be added to the e.'dsring nmnerical modifier 1--used by Moody's since 1981~but none of the modifiers will apply to issues rated Aaa, Caa, Ca, or C. The modifier 1 indicates that the issue ranks in the higl'ter =nd of irs generic rating category; the modifier 2 now indicates that the issue is in d~e mid-range of its categmT; and the modifier 3 indicates that it is in the Iow end. In effect, by ~,sing the numerical modifiers 2 and 3 in addition to the numerical modifier I, Moody's has increased the number of possible bond credit ratings for these sectors to 19 fi'om la}. (See Figure 1.) lu October 1996, Moody's began assigning nmnerieal modifiers to Aa, A, Baa, Ba, and B ratings relating to outstanding bond issxtes within the health care, b. igher education, and other not-for-profit sectors. 1,~ November, Moody's began using the expmded raring scale for state revolving funds. Bond isles rated Aal, Al, Baal, Bal, and B1 remah~ tmaffected. Under the new rating qstem, the meaning of asa Al rating does nor change. It indicates that the security meets all of Moody's criteria for a single-A rating and that ir ranks at the high end of that generic rating mtego,'y. Figure 1-- New and Expanded Public Finance Rating Symbols Previous New Rating Symbols Rating S~mbob A~ Aaa Aa1 Aa1 Aa Aa2 Aa3 A1 A1 A AZ A3 Baal Baal Baa3 Bal Bal Be Ba2 81 B1 B B2 B3 Caa Cea Ca C.~ C C TOTRL P.02 Hennepin County An Equal Opportunity Employer Jeff Spartz, County Administrator May 29, 1998 Dear Community Colleague, We have listened to you and we're moving ahead! Enclosed is a report on the five focus groups recently conducted on human services planning and coordination in the West Hennepin area. This report outlines the major themes that emerged from the focus groups, recommendations for a community-based approach to human services planning and coordination, and steps for implementation. Please help us once again! Attend one of the community meetings listed below to: · Refine the recommendations and implementation steps · Consider the commitment required to become a pilot project · Explore your interest in joining an oversight group for the pilot projects Tuesday, June 23, 1998 - 7:30 am to 9:00 am Minnetonka City Hall, Lower Level Board & Commission Room 14600 Minnetonka Blvd., Minnetonka (Just north of Minnetonka Blvd. & Williston Rd.) OR Wednesday, June 24, 1998 - 7:30 am to 9:00 am Orono City Council Chambers 2750 Kelley Parkway, Orono (Just north of Highway 12 & Old Crystal Bay Road) We appreciate the time and efforts so many of you have put into the interview and focus group process over the past nine months. Please RSVP to Rex Holzemer at 348-3456 by Thursday, June 18, 1998, regarding which meeting you plan to attend. Thanks! Sincerely, Kathy Lueckert Asst. City Manager City of Plymouth Steve Mielke City Manager City of Hopkins James Hurm City Manager City of Shorewood Patrick Wussow City Manager City of Tonka Bay Rex Holzemer Principal Administrative Assistant Hennepin County Administration Hennepin County Administration A 2303 Hennepin County Government Center Minneapolis, Minnesota 55487-0233 (612) 348-7574 F,a0((612) 348-8228 TDD (612) 348-7367 Recycled Paper REPORT ON FOCUS GROUPS CONDUCTED Coordinating Western Hennepin County Human Services · .. today's urban leadership demands advanced skills: inventive collaborations, regional alliances, outreach to neighborhoods and sensitivity in such complex areas as police and schools. --Neal R. Peirce, national columnist on state and local affairs BACKGROUND The puCpose of this project is to discover how to best assess needs and coordinate human services that effectively and efficiently serve the residents in the 25 communities of western Hennepin County. Also, the purpose is to build community ownership of a structure for meeting those needs. The project evolved from informal discussions involving Hennepin County administration and officials from the cities of Hopkins, Plymouth, Shorewood, St. Louis Park and Tonka Bay. They became a city-county working on how human services needs could be met appropriately following the demise of Suburban Alliance, one of three suburban human services councils in Hennepin County. The first step in the project was to learn about approaches for coordinating and delivering human services. More than 120 telephone interviews were conducted. The interviews were with Hennepin County commissioners representing the western suburbs, elected and appointed officials from the municipalities, staff from the cities, staff of provider agencies, school district officials, members of faith communities, citizen volunteers and recipients. In the second step, the city-county working group reviewed the data and developed a draft model that would assess current and future human service needs, promote coordination of services, improve communications, maintain accountability, and encourage joint decision-making. This model was presented to five focus groups. The third step was to conduct five focus groups. Seventy-one people participated. With some differences, the information gathered was quite consistent. Eleven major themes emerged from this information and they are summarized below, as are recommendations from the city-county working group on how to develop this effort. MAJOR THEMES Suburban Alliance There was concern that this might be another Suburban Alliance, where citizen participation was lost. As one participant put it: same old, same old. Suburban Alliance, however, could step back and see the bigger picture, it could advocate for emergency service dollars, and it could make comments to the County. These aspects are still needed. Collaboration The focus on collaboration concerned many. Some were concerned that the answer for a specific structure was being prescribed before the goals of planning and coordination were really clear. Overall planning needs to come first. Collaborations are time consuming and it is difficult to bring people together. Collaboration is hard and ambiguous. In addition, most collaborations are school based, focus on specific issues and do not serve overall human service needs in their communities. At the same time, people emphasized the need for grass-roots decision-making and agencies working together to serve needs and reduce turf. The framework for collaboration was good although the word "collaboration" is problematic. Support for skill development in bringing people together, strengthening and broadening participation, and resolving conflicts was encouraged. Funding Committed dollar support for this effort over time was acknowledged as crucial. Answers on how to make that happen were not as strong. An overall plan, however, is needed to prevent splintering. Incentives, however they might happen, should not become a "stick." But credit needs to be given to make this work. And the reasons why certain agencies are funded should be made clear. Many felt money should go to the communities for maximum application to needed services. Local money (e.g. from municipalities) should stay in the community and not go to support a regional office. And the money should be spent as the local community believes it should to best meet the needs of that area. Existing Efforts Very strongly, many reported there was little recognition of existing efforts. Examples were cited repeatedly as models: Northwest Hennepin Human Services Council, South Hennepin Regional Planning Agency, Day One, Interfaith Outreach and Community Partners, WeCan, Prism, Interfaith Community Association. The Alliance for Families and Children (School Redesign), in development for six years, was seen by many as a possible vehicle to deliver the planning and coordination. It was recognized, however, that the present mission does not cover the broader issues of seniors, transportation, mental health, etc. It was also recognized that the Alliance is very much school-based. Regardless of what develops, many stressed the need to build upon existing collaborations and structures to foster local ownership. Don't re-invent and don't add layers, many said. Leverage existing efforts. Focus The focus needs to be on all of the western region. Transportation, for example, is a major issue. Those areas west of 494 often feel left out. And the consumers should not be forgotten. While the focus does need to be on the broader issues of transportation, housing, etc., meeting the human service needs of residents in the area is what this is all about. Consumers need to be represented. 2 Geography of the Area Many recognized the need to keep a regional focus. When it comes to organizing, however, smaller geographical areas were stressed by many. It was recognized that municipal boundaries don't match school districts, and that makes organizing difficult. Similarly, providers have overlapping territories. Many saw the need for perhaps more than one planning effort because people identify on a sub-region basis. The needs are different in different areas. In addition, parts of the region, such as the smaller municipalities bordering Wright County, go unrecognized to the point where Wright county provides services in Hennepin County. Role of the County There are very strong feelings that this could be too County-centered. Flexibility might, therefore, be lost as the County focuses on accountability within planning, contracting, etc. Having clout with the County would be difficult also. Some felt planning and coordination have historically not been well supported. At the same time, the county has the greatest access to data and is in the best position to do data gathering and analysis as well as coordinate planning and technical assistance. This assistance, however, should not be located downtown. Measurement/Accountability Some said they were tired of outcome-based services, especially when trying to measure something like information and referral. At the same time, many responded that the outcomes are needed; greater accountability is wanted. A clear mission is crucial. Outcomes must focus on the needs of the recipients and not make agencies look good. How services are organized should follow the desired measurable goals. The collaborations and the providers should serve the outcomes based on community needs. The whole emphasis should be on being responsive to individuals and families. The data should show the impact on the people. Too many people fall though the cracks. Have providers be responsible for what they're given and what they do, but not for demonstrating need. Accountability for meeting needs and providing services should rest with the community. Right now, providers are responsible to the County, and what is expected varies based on what different commissioners want. Participation Many people are worn out. Different and expanded players are needed. Greater representation from recipients, communities of color, and Iow income people is needed. Participation by local communities and school districts is very important, as is by agencies. Both citizen input and agency cooperation are crucial, but perhaps they are separate efforts. Functions Needed Regional planning, research and coordination is very important. All of this needs to come together in one visible access point for information. What's out there, including needs and best practices, should be known and communicated, communicated, communicated in user friendly ways. 13o Other functions are needed: technical assistance, organizing, convening, advocacy, and fostering the creation of efforts for which there is little capacity in communities. In addition, a system that links providers would be very helpful. All of this needs to support the provision of services. Structure Don't add layers and bureaucracy and meetings!! Don't duplicate local efforts. Keep it simple and small; grow as needed. The emphasis should be on meshing what is here because successful efforts are ad hoc. Keep things fluid. People come together when they have a reason to come together; structures evolve to respond. Use County resources for planning, research and coordination. Keep control local. Hire people for special needs and then have them move on. RECOMMENDATIONS With input from the telephone interviews and the five focus groups, the city-county working group concluded that overall functions of on-going planning, technical assistance and regional advocacy contained in the draft model are still needed. Relying on local collaborations is still the best vehicle for delivery, as they are to the greater extent community/citizen based and most in-tune with local needs. And the need for municipalities as well as school districts to become more involved remains important, because the trends are increasingly to localize recognition of need and delivery of services. Beyond those conclusions, the working group saw the need to focus on the purpose of this project-- to discover how to best assess needs and coordinate human services that effectively and efficiently serve the residents in the 25 municipalities of western Hennepin County and to build community ownership of a structure for meeting those needs. In addition, the working group realized that the data from the focus groups showed that community must be central, efforts need to build on what exists, and the project should proceed by starting small and then expand as everyone learns. Recommended Community-based approach Given the stated purpose and the input from the focus groups, the following recommendations are being made as the basis for further community input: Process Responsibility Results Research and report community indices on assets and liabilities. County: staff provides demographic, trend, service and utilization data from county and state sources; Community: augments data by local community information gathering. Each community has tailored information applicable to its needs and assets. 4 2. Community collaborative uses data to prioritize needs, establish outcomes, and determine measures. Community collaborative determines action plan to allocate resources that meet community needs 4. Community implements plans Community evaluates outcomes and revises community indices, priorities, outcomes and measures County: provides technical assistance to refocus or form collaboratives as needed in a community; Community: existing collaboratives expand focus and broaden membership, or new collaboratives are formed to look at broader community issues. County: works in partnership with the community; Community: establishes broad base support in partnership with the County. County: contracts with service providers in concert with community-set outcomes and priorities, channeling resources to the greatest extent possible; Community: integrates services and oversees providers according to community plan and County contracts. County: services provided are measured against community- established outcomes and measures for accountability reports and best practices analysis; Community: community determines effectiveness in partnership with county and quickly makes adjustments to meet community needs; community reports to all community constituencies including cities and school districts. Each community has broad representation from the municipality, school district[s], service providers, faith communities, businesses, service recipients and the County. The focus in each community is on outcomes. Greater likelihood of community support since community determines what are its highest priority needs and focuses resources toward meeting those needs. Better utilization of resources given ever increasing demand, making best use of County and community strengths Greater assurance that community residents benefit from the services, and that the community, overall, will be a better place to live and work; learnings can be shared between communities to strengthen cost/benefit analysis of programs and services. 5 Steps toward implementation of the community-based approach 1. Send this summary report and recommendations to everyone who participated in the interviews and focus groups, and include the County Board and all municipalities in the Western region. 2. Invite participation in additional community forums to develop the recommendations in this report and create an oversight group who will advise in the pilot projects. 3. Select two communities to develop this approach -- one larger, one smaller; one inner ring and one further west -- and learn from the pilot efforts. 4. Investigate what data exist and how to make them readily available to communities. 5. Gain support from key officials in County government. 6. Organize County support to deliver research, technical assistance, revised contracting and County participation in the collaborations. 7. Learn from the two pilot projects and revise process and support as needed to expand efforts into additional communities. Develop regional approach to coordinate efforts toward major outcomes of housing, transportation, child care and jobs, and to advocate for and leverage resources on behalf of the region. Eventually, this might include searching for grants and outside funding, coordination of sub-regional and regional implementation and accountability efforts; dissemination of community learnings to constituencies throughout the local communities. 6 0 o 0 o o cD ~0 o Ix) ~1' o o o '~' '~' ~,0 0~ wi' e0 0 o o o 0 CD 0 o o o o ~- co o o o o o o o ~ co Z o ~0 Z o ~o o o o o o 0~ o o o o o o o 0~ o 0 * o 0 * 0q o o o o o o 0~ o o o~~ ~_ o ~:~ o o o o o o o '~ o o o co o o o o o o o o o o o o o o o c~ ~o co ~-- 00 o o o o o o o o o§ c~_~ o o o o o o o o 0q o o o o o o o o ~ o o o cD o o o o o m m m :~ ,-- 0 o o o o o o o o o o o o v- ~o o~ o o o o o o ~ o 0 o o b- w- ~- o~ 0 o o o o o o o o o o o o o * o 00 ~q cq o o o o o o o o o o o o o 0~ o o o o o o o o o o 0 * 0 0 0 0 0 0 0 0 0 0 0 * 0 0 0 0 O0 0 CO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~0 0 0 0 0 b~ CO q'~ ~ 0 ;[ CD _o 0 0 ;I ),, ~ 0 C) 0 0 C) (:::) 0 0 0 0 0 n,' ~ 0 CO 0 LO 0 ~Z3 0 0 0 C) 0 O~ v- I'-- r-- w-- Cq ~ 0 ~0 0 0 ~ _~ 0 0 0 0 0 0 0 0 0 0 0 ~ 0 CO 0 ~0 0 0 0 0 0 0 0 ~ ~ O~ v- r-- ~- C~ ~' ~1' 0 ~0 0 0 0 0 0 0 ~4D 0 0 0 0 0 0 I'-- CO 0 0 0 0 0 CO 0 0 0 0 0 0 0 I"- 0 0 0 0 0 0 0 kO LO 0 0 0 0 0 0 ~.0 0 LO ~ 0 o ~ g g o° g o° g g g o °o °o · g g g g ~ oo § ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 Z 0 0 0 ~0 0 0 0 0 0 0 0 CO CO 0 0 0 ~ 0 0 0 Z 0 Z Z CD 0 C~ 0 ~ ~- 0 0 0 0 0 0 0 0 ~0 0 0 0 0 0 0 ~'~ 0 0 0 0 ~'~ CD i'~ 0 0 ~' O~ 0 (D I'- ~ (D (D 0 ~-- ~1'  0 ~' 0 0 0 0 0 0 0 0 0 0 0 ~.0 0 CZ) 0 0 0 C~I 0 0 0 0 ~'~ 0 0 0 0 ~ 0 ~0 0 0 ~r ~-- ~' 0 0 1.0 0 ~.0 ~ ~1' ~0 (0 0 0 '~'  0 CD 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 CD 0 ~ 0 0 0 0 ('~ 0 0 0 0 ~ 0 ~ 0 0 0 ~' ~'- ~' ~.~ 0 ~0 0 O~ ~ ~' ~0 ~.0 0 ~-' 0  0 * 0 0 * 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 c~ 0 0 0 0 0 0 0 0 ~- 0 (0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 0 0 0 0 0 0 0 1.0 0 ~0 0 0 0 0 0 ~ 0 ~'- 0 0 0 0 0 ~0 0 0 0 ~ 0 0 0 f'-. 0 (D '~' - o o o o o o o o o o o o ~' o o o o o ~ ~. ~ ~ ~.' ~ ~ ~' ~ ~ ~ ~ ~ ~ co' ~- ~ CD 0 0 0 o o ~' o 0 o o ¢~J o o (iD 0 o~ 0 0 · 0 ¢4D 0 0 ~0 0 0 ~ 0 0 ~0 w~- ~0 0 I~ oo 0 m~ 0 0 O~ 0 0 ~D 0 0 C~ ~0 0 0 0 0 0 0 ~ (ID 0 ~ 0 CD 0 0 0 0 0 0 0 CD 0 0 (D 0 0 0 0 U'~ 0 0 C~ OD 0'~ ~ ~ o ~ ~D ~0 m~ ~ ~- 0 ~0 I'~ cO 0 0 0 l.O 0 0 0 m~ v- ~0 o o ~.o CD ',ct' o mi' co ~o <r. < m o_ o n ._ >, >, .~ 0 0 0 ~ 0 ~ o o ~ (D (D (D 0 :,, ~O o o o ~ o o o o o o o o ~o o o o co' ~ m o o o o o o o o w~- o o o ~ mi' co ~4D 0 0 * 0 '" 0 0 0 0'~ 0 0 0¢ 0 0 0 0 0 0 ~ 0 0 ~ 0 0 '~' 0 O0 0 ~ o ~. ,..- co. o ~ ~ ~ ~ 0 * 0 * * * CD 0 0 -B lgg8 RECEIVED LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF: DIREOTOR$ AGENDA 7:00 PM, Wednesday, June 10, 1998 Tonka Bay City Hall CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock READING OF MINUTES- 5/20/98 LMCD/MCWD Joint Workshop/Planning Session 5/27/98 LMCD/MCWD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) CONSENT AGENDA - Consent Agenda items identified with a (*) will be approved in one motion unless a Board member requests a discussion of any item, in which case the item will be removed from the consent agenda. 1. SAVE THE LAKE A) Army Corp of Engineers, Presentation of Triclopyr Study planned for Lake Minnetonka in 1998; B) Additional Business; 2. LAKE USE & RECREATION A) Stephen Hicks, consideration of request for "minimum wake" buoys on channel between Deering Island and Shadywood Point; B) Review of MCWD Rule B (previously handed out at 5/27/98 Board meeting); C) Update on 6~9~98 LCMR Proposal Hearing; D) Review of MN DNR Request for comment on proposed licensing system; E) Additional Business; 3. FINANCIAL A) (*) Audit of vouchers for payment (6/1/98 -6/15/98); B) Review of draft 1999 LMCD Budget; C) Additional Business; 4. WATER STRUCTURES A) Meadowbrook Boat Club, Staff update on 1998 renewal w/o change multiple dock license application; 7. 8. 9. 10. B) Groveland HOA, consideration of request to refund $110 received for two-unit 1998 DMA license; C) Additional Business; EWM/EXOTICS TASK FORCE A) (*) 6/12/98 EWM/Exotics Task Force meeting has been cancelled; B) Additional Business; ADMINISTRATION EXECUTIVE DIRECTOR REPORT OLD BUSINESS NEW BUSINESS ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT JOINT WORKSHOP/PLANNING SESSION 6:00 P.M., Wednesday, May 20, 1998 Grays Freshwater Center CALL TO ORDER Chair Babcock called the meeting to order at 6:30 p.m. ROLL CALL Members present: Doug Babcock, Tonka Bay; Bert Foster, Deephaven; Craig Nelson, Spring Park; Kent Dahlen, Minnetonka Beach; Bob Ambrose, Wayzata; Lili McMillan, Orono; Bob Rascop; Shorewood; Tom Gilman, Excelsior; Greg Kitchak, Minnetonka. Also present: Tom Maple, MCWD Manager; Monica Gross, MCWD Manager; Pamela Blixt, MCWD Manager; James Calkins, MCWD Manager; Diane Lynch, MCWD Executive Director; Don Germanson, LMA; Jo~hn Barten, Hennepin Parks; Tom McDowell, Hennepin Parks; Nm~cy Rzmdall; LMCD Administrative Technician; Greg Nybeck, LMCD Executive Director. Members Absent: Andrea Ahrens, Wayzata; Gene Partyka, Minnetrista; Herb Suerth, Woodland; Craig Eggers, Victoria; Sheldon Weft, Greenwood. INTRODUCTIONS AND WEI.COME Chair Babcock welcomed those in attendance. He stated this meeting was scheduled based on review by the LMCD Board of the Environmental and Management section in the Lake Minnetonka Management Plan. He noted at this meeting, review of this Section identified that either the MCWD has either direct responsibility or involvement of related projects. He added the purpose of the meeting it to allow for dialogue between the two organizations on where they currently are with some of the items and to ask for assistance from the MCWD in updating this Section of the Management Plan. Detailed below is a general summary of topics/issues discussed: Babcock stated the role of the LMCD in the Environmental Section of the Management is to be an advocate of related projects on Lake Minnetonka. He added the LMCD relies heavily on the MCWD and lake-communities for these projects because the LMCD has very limited financing. Maple provided a general overview of MCWD projects. He stated the main focus of the MCWD is on water quality projects throughout the whole watershed district. He reviewed the Gleason Lake flood-plain project that flows into Lake Minnetonka. There was discussion on retention ponds and how they have been used to address water quality issue in the watershed district. Barten stated he supports retention ponds to remove nutrients but stated the needs of the lake need to be considered when the development of retention ponds occur. Gross stated one treatment the MCWD has used to address water quality is the use of alum. She noted the treatment of a lake with alum binds the nutrients up and settles them to the bottom. LMCD/MCWD Planning/Workshop Session, 5/20/97, Page 2 Foster asked if the main limitation the MCWD has is funding? Gross stated they main difficulty they face is political difficulties rather than funding. Barren discussed phosphorous and how the nutrient is introduced into the lake. He suspected some of it can be attributed to the old sewage treatment plants and new development. He discussed lawn management and how it loads into the lake. Gilman asked for an update on phosphorous-free fertilizer and how this has been presented to the cities. Gross stated there was an active campaign with mode! ordinances a few years ago. added there was a push to require a restriction of this fertilizer state-wide or metro- wide. She noted an outcome was that to ban it was shot down by the Minnesota Extension Services because they believe the problem is the misuse of fertilizer with phosphorus rather than the actual use of it. She The consensus of those present is that this issue needs to be re-addressed. There was a brief discussion on MCWD Plan B and how it works. The consensus was to allow those present to review and make comments back to the MCWD in the near future. Staff was directed to place this discussion on the 6/10/98 Board agenda. REVIEW OF ENVIRONMENTAL AND MANAGEMENT SECTION There was limited discussion by those present on this Section of the Management Plan. The consensus was to allow time for MCWD staff and Managers to review this Section of the Management Plan and to recommend changes/updates to it. Staff was directed to facilitate a joint meeting in August to review these changes/updates. OTHER DISCUSSION There was no other discussion. ADJOURMENT There being no further business, Chair Babcock adjourned the meeting at 8:50 p.m. Douglas Babcock, Chair Eugene A. Partyka, Secretary RECEIVED DRAFT LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS MEETING 7:00 PM, Wednesday, May 27, 1998 Tonka Bay City Hall CALL TO ORDER Chair Babcock called the meeting to order at 7:00 PM. ROLL CALL Members present: Douglas Babcock Tonka Bay; Craig Eggers, Victoria; Bert Foster, Deephaven; Tom Gilman, Excelsior; Greg Kitchak, Minnetonka; Lili McMillan, Orono; Gene Partyka, Minnetrista; Kent Dahlen, Minnetonka Beach; Sheldon Weft, Greenwood. Also present Charles LeFevere, LMCD Counsel; Gregory Nybcck, Executive Director; Nancy Rand~l, Adndnistrative Technician. Members Absent: Andrea Ahrens, Mound; Bob Ambrose, Wayzata; Craig Nelson, Spring Park; Bob Rascop, Shorewood; Herb Suerth, Woodland. CHAIR ANNOUNCEMENTS Chair Babcock reminded the Board of the Lake Inspection Tour on Saturday, 6/6/98. He noted the boat would depart from Aahhhz of Excelsior Park at 7 a.m. and would be out on the lake until around NOON. He encouraged Board members to contact the office to indicate whether they would be able to attend. Chair Babcock recommended the 6/3/98 Workshop/Planning Session be cancelled. The Board concurred with his recommendation. READING OF MINUTES- 5/13/98 Regular Board Meeting 5/20/98 LMCD/MCWD Joint Meeting MOTION: Gilman moved, Partyka seconded to approve the minutes of the 5/i3/98 Regular Board Meeting as submitted. Babcock recommended one friendly amendment on page 6, 54 paragraph. He noted it should state "passengers pay" rather than "passengers are being paid". Gilman and Partyka agreed to the friendly amendment. VOTE: Ayes (8), Abstained (1; Foster); Motion carried. Babcock stated staff has indicated that the minutes from the 5/20/98 LMCD/MCWD Joint meeting have not been completed. He noted these minutes would be reviewed at the 6/10/98 Board meeting. PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 There were no comments from persons in attendance on subjects not on the agenda. Page 2 CONSENT AGENDA Gilman moved, Dahlen seconded to approve the consent agenda as submitted. Motion carried unanimously. Items so approved include: lC Staff recommends full refund of $3,000 Liquor Deposit for the charter boat Sea Breeze; and 3A Audit of vouchers for payment (5/1/98 - 5/15/98) and (5/16/98 - 5/31/98). 1. LAKE USE & RECREATION A. Jim Zimmerman, Consideration of request for no-wake buoy. Babcock introduced the agenda item noting that staff received feedback from Denis Bailey regarding buoys costs. He addressed the letter submitted by the applicant and noted the Board has done significant research on shoreline erosion and whether they justify the placement of a "slow-wake" buoy. He concluded the Board typically has not approved these buoys strictly based on erosion. Foster asked if shoreline erosion is the only problem? Zimmerman stated he believed it is a combination of shoreline erosion and safety for his kids who want to swim. ~._ Wert stated he had visited the area in question and stated he believed it could be approved because of its unique characteristics. He added he believed it is a low cost of enforcement and believed it would not set a precedent that is bad for the lake. Kitchak suggested it might not be in the best interest of the District to approve the request at this time. He recommended the District work with Hennepin County to specify criteria, through a policy, in approving buoy requests. He questioned where you either start or stop approving these buoy requests without this policy. Babcock clarified that the District has been involved in minimum-wake areas of the lake outside of the shoreland zone because they have been approved by Code. He added he believed there is a problem in the area but questioned how you remedy it. Zimmerman stated some years ago that navigational buoys were placed in the lake at the area in question. Babcock stated based on the memo, it appears that Hennepin County had a policy change some years ago for dead-end channels. Dick Ogle, 2771 Shadywood Road, discussed the uniqueness of the channel to the main lake. He stated the channel is very visible to boaters when traveling east towards the Narrow Channel. He noted he has lived in this area for 13 years and that boaters and snowmobilers Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 will travel into the channel at high rates of speed. Page 3 Eggers asked if the navigational buoys that existed some years ago provided relief?. Ogle stated he believed it did but he pointed out the use of the lake, mainly because of fishing tournaments and PWC's, has changed over the years. McMillan questioned whether there is a better way to look at the situation as a whole, especially the costs of the buoys and the need for a policy. She added in this situation, she believed a buoy made sense. Babcock stated he believed the problems presented by the applicant are a symptom of the bigger problem. He stated he believed education and enforcement of the 150' shoreland zone is the problem. He suggested using alternative signage to inform boaters of the rules on the lake. He added he believed approving a buoy in this area of the lake is not consistent with previous Board actions. Partyka stated he believed this is a safety issue and that it needs to be addressed. He added because the Water Patrol is limited on what they can enforce, he believed the request makes sense on a short-term basis. Wert stated he believed approving the buoy request might be a reminder for those who might want to obey the law. Kitchak expressed concern with placing buoys around the lake in an attempt to control speed based on safety needs. He added he did not believe it is in the lakes best interest to allow buoys to proliferate. Babcock stated he believed signage rather than buoys is the best means to educate the public on the 150' shoreland zone. He added this should be done on other channels throughout the lake and is the best way to educate the public. Zimmerman stated he believed signage works on a limited basis because they are on top of the sign before they slow down. Wert suggested the Board approve a temporary buoy until a buoy policy has been established. Foster stated a policy option for the Board to consider is to allow residents who want to place buoys in the lake is to permit them, allow them to buy them, and to allow them to place them in the lake. Babcock expressed concern about this because it might open up a pandora's box. Ogle stated the unique feature of this channel is that it is adjacent to a main channel on the lake, the Narrows. Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 Page 4 LeFevere stated if the Board allows for the approval of a private buoy, it is in the best interest of the District to either have Hennepin County place the buoy in the lake or keep a close eye on it. He added this allows for consistency of buoy placement on the lake. MOTION: Weft moved, Eggers seconded to approve one "no-wake" buoy to not exceed 100' from shore, subject to the residents who have made the request purchasing and presenting the proper buoy to Hennepin County and subject to Hennepin County being responsible for placing the buoy in and taking it out each year. Babcock expressed a concern that residents might not be able to transfer a buoy they have purchased to Hennepin County. McMillan suggested the Board might want to amend the motion to state to note the buoy is not for shoreline erosion to assist in not setting a precedent. She added it is in a dead-end channel and is completely with the 150' shoreland zone. Babcock stated from a policy standpoint, the Board has not approved private buoy placement in the past. · Dahlen asked if there is any empirical data, rather than intuition, to verify that safety is an issue in the area. Babcock stated he believed there is a quiet waters study policy procedure to assist in these requests. McMillan stated she believed that Hennepin County should be paying for buoys because of uncertainty of who pays for buoys. MOTION: TO AMEND McMillan moved, Gilman seconded to amend the original motion to require Hennepin County to purchase the no-wake buoy. Babcock and Partyka expressed concerns because Hennepin County has stated they have budget limitations. VOTE ON: MOTION TO AMEND Ayes (2; McMillan and Gilman), Nayes (7); Motion to amend denied. Babcock asked for feedback from Board members on the criteria being considered on why this buoy should be allowed. He expressed concern in opening it up on a lakewide basis. Wert ..stated he believed the area is unique, the residents are willing to purchase the buoy, Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 page ~ residents are willing to keep it within 100', and that it will assist in public safety by becoming a passive deterrent. McMillan stated she believed it is unique because there were some historical navigational buoys in the past. LeFevere stated because the area in question is at a point and there are no other navigational buoys. VOTE ON: ORIGINAL MOTION Ayes (7), Nayes, (1; Kitchak), Abstained (1; Babcock); Motion carded. B. Update on LCMR Application. Babcock updated the Board on the LCMR application submitted for blanket funding of 1-2 public accesses on Lake Minnetonka. He noted the LMCD has made the first cut and was granted a public hearing to discuss the proposal on Tuesday, 6/9/98 at 8:30 a.m. He concluded he and Foster would be meeting with Mike Markell and Gordon Kimball on Tuesday, 6/2/98 in the office at 8 a.m. to prepare strategies for the public hearing. He invited Board members to attend this meting if they are interested. Nybeck added that additional information that needs to be submitted to' the LCMR pri°r to the public heating should be resolved at the 6/2/98 meeting. D. Additional Business. There was no additional business. 2. WATER STRUCTURES A. Ordinance Amendment, Second reading of an ordinance relating to the length of watercraft stored at reconfigured multiple docks, amending LMCD Code by adding Subd. 9 to Section 2.015 and Subd. 4 to Section 2.01. McMillan questioned whether the Board might want to include add-on attachments in the overhang measurement. She stated she would like to see a little more flexibility in the' ordinance. Babcock stated he believed what this ordinance is attempting to accomplish is to specify how length overall should be defined. LeFevere stated it might be difficult for staff to determine measurements if it is unclear what add-on attachments should be included. He added it would be difficult to justify different measurements if in one situation it is manufacturer's equipment and in another case it is an add -on. Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 Page 6 0 Sarah Colville, Dock Manager for Groveland HOA, asked when the ordinance would become effective if the draft ordinance was approved? Babcock stated the ordinance would not apply to Groveland HOA but that 4' length overall overhang restrictions, at normal operating position, were agreed to by the Association. LeFevere stated the ordinance would become effective one day after date of publication. MOTION: Foster moved, Partyka seconded to approve second reading of the draft ordinance amendment, to waive third reading, and adopt the ordinance relating to thc length of watercraft stored at reconfigured multiple docks. VOTE: Motion carried unanimously. B. Additional Business. Groveland HOA Babcock stated that an updated slip size report for Groveland HOA has been included in the handout folder for record purposes of approved square footage at the 5/13/98 meeting. He noted this figure was 6074 square feet. FINANCIAL B. April financial summary and balance sheet. Nybeck reviewed the April financial summary and balance sheet. MOTION: Foster moved, Partyka seconded to accept the April financial summary and balance sheet of the as submitted. VOTE: Motion carried unanimously. C. Update on timetable for review of draft 1999 LMCD Budget. Babcock reviewed the timetable for review of the draft 1999 LMCD Budget. He noted the first review meeting will be held on Friday, 5/29/98 at 8 a.m. in the office. He added a meeting is scheduled for Friday, 6/5/98 at NOON in the office to meet with city officials. He noted the Board will review the draft budget at the 6/10/98 and 6/24/98 meeting and will forward the adopted budget to the member communities by the 7/1/98 deadline. He concluded Board members should forward comments to Nybeck if they cannot attend the 5/29/98 meeting. D. Additional Business. There was no additional business. Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 4. EWM/EXOTICS TASK FORCE A. Consideration of compensation adjustment request from Marsh Gabriel, EWM Diesel/Hydraulic Mechanic. Nybeck stated that Gabriel has served in this capacity since the early 1990's. He noted he currently is compensated $25 per hour for mechanical work and $10 per hour for non- mechanical work. He added he has paid these hourly rates since he began with the District and has asked a $5 per hour increase for mechanical work. He concluded that Gabriel has been a key component in the milfoil harvesting program and recommended the Board consider his request. MOTION: We~ moved, seconded to approve thc compensation adjustment request for Marsh Gabriel, EWM Diesel Hydraulic Mechanic, from $25 to $30 per hour for mechanical work performed, and to maintain the $10 per hour rate for non- mechanical work performed. Kitchak recommended that staff receive the certificates of insurance and proper paperwork to verify that he qualifies as an independent contractor. VOTE: Motion carried unanimously. B. Additional Business. There was no additional business. 5. SAVE THE LAKE A. Review of Lake Minnetonka Association LCMR Application. Don Germanson, President of LMA, reviewed with the Board three projects they have planned. First, he noted they have submitted a LCMR application to rejuvenate the training, education, and lakewatch programs on Lake Minnetonka. Second, he discussed the Army Corp of Engineers Study of Triclopyr scheduled for Lake Minnetonka. He noted Army Corp of Engineer representatives will be in town from 6/8/98 - 6/10/98 and encouraged they attend the 6/10/98 to make a presentation to the Board. Third, he noted they are rejuvenating the LakeWatch Volunteer Program and are looking for $500 to assist in the purchase of equipment. He concluded the LMA is looking for LMCD Board support on the LCMR application and the Triclopyr projects and is looking for financial assistance for equipment for the LakeWatch program MOTION: McMillan moved, Eggers seconded to approve $500 from "Save the lake" funds ' to purchase equipment for the LakeWatch Volunteer Program. VOTE: Motion carried unanimously. Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 Page 8 MOTION: Foster moved, Gilman seconded to support conceptual approval for the LMA LCMR application. VOTE: Motion carried unanimously B. Additional Business. Babcock stated McMillan has volunteered to Chair the effort to revise the "Save the Lake" · Advisory Committee. He asked the Board to formally approve McMillan for this position. MOTION: Foster moved, Wert seconded to appoint McMillan as Chair of the "Save the Lake" Advisory Committee. VOTE: Motion carded unanimously. e ADMINISTRATION A. Consideration of staff recommendation for compensation adjustment for Administrative Assistant, Diane Samis. Nybeck stated that he and Randall had recently completed a performance appraisal for the first six months of employment for Samis. He noted staff believes she has performed well in he position and that staff is recommending a compensation adjustment for Samis from $21,000 to $22,000, retroactive to 5/1/98. MOTION: Foster moved, Wert seconded to approve a compensation adjustment for Diane Samis, Administrative Assistant, from $21,000 to $22,000 retroactive to 5/1/98. Gilman stated he believed compensation adjustments with employees at the cities generally do not go higher than 3 %. He added he believed the proposed adjustment might be high for an employee that grades out at average. Nybeck stated her overall performance would probably have graded out at above average; however, she was either out of work or limited for several weeks due to carpal tunnel in both wrists. He noted when Samis was hired, the range that staff had to work with was up to $22,000. He concluded that the previous employee of the District was making just short of $23,000 annually. VOTE: Ayes (8), Nayes (1; Gilman); Motion carried. B. Consideration of staff recommendation for compensation adjustment for Administrative Technician, Nancy Randall. MOTION: Partyka moved, Gilman seconded to approve a compensation adjustment for Nancy Randall, Administrative Technician, from $28,500 to $29,500 effective 6/1/98. Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 Page 9 VOTE: Motion carried unanimously. C. Discussion with Steve Tallen regarding increase in prosecuting fees in 1998. Babcock introduced Steve Tallen, prosecuting attorney for the District, and asked him to update the Board on his activities. Tallen reported on the increase in year-to-date prosecuting fees. He noted: That defendants appear to be defending BWI's more than in the past with the change in legislation this year. He added this legislation makes it easier to get to multiple offenses and has made them more serious. He noted starting in August of 1995, BWI offenses go on individuals driving records. He stated he believed these additional consequences have resulted in defendants fighting BWI's more than in the past. · There have been three challenges to the authority of a special deputy to enforce Distict Code and State laws. He added he believed the increase in fees this year has been attributed to the hearings and briefs associated with them. He reported two of the Orders have been favorable to the District and that the third is pending. · He stated he believed the fees have been higher this year versus past years; however, he believed activities will be slowing down in the near future. He asked for comments or questions from the Board. Babcock asked Tallen for an interpretation between what he prosecutes and what Hennepin County prosecutes? Tallen stated the agreement requires Hennepin County to prosecute game and fish violations and that he prosecutes violations of LMCD Code including all BWI cases on Lake Minnetonka. He noted this includes all gross misdemeanor cases and that fine revenue collected goes to the District. He concluded he believed this arrangement provides for the most consistent enforcement program on the lake. D. Additional Business. There was no additional business. e EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: · A copy of Rule "B" from the MCWD was in your packet to review for the 6/10/98 Board' meeting. He noted a representative from the MCWD would be in attendance at this meeting to discuss it. · A copy of a calendar of activities in June was distributed for the Boards reference. · He updated the Board on special events that have been permitted for the month of June. Lake Minnetonka Conservation District Regular Board Meeting May 27, 1998 Page 10 · He noted the Boat washing station will be open from 4-7 p.m. starting on Friday, 6/5/98. 8. OLD BUSINESS Foster stated he had followed up on the potential office spaces that Board members had checked on recently. He noted the one space that the majority of those present preferred has some concerns because the one wall to be moved could not be moved. He recommended the Board authorize him to contact a space planner to work with staff to verify the office space needs for the District. He stated this would cost around $300 and added he believed it should be done. The consensus of the Board was to allow Foster to coordinate a space planner to discuss office space concerns with staff. 9. NEW BUSINESS There was no new business. 10. ADJOURNMENT There being no further business, Chair Babcock adjourned the meeting at 9:55 p.m. Douglas Babcock, Chair Eugene A. Partyka, Secretary MINUTES - MOUND CITY COUNCIL - JUNE 9, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 9, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, and Leah Weycker. Councilmember Liz Jensen was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, ity Clerk Fran Clark and the following interested citizens: The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *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. 1.0 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. *1.1 CONSENT AGENDA 1.2 1991 PROCLAMATION DECLARING JUNE 20, 1998 AS MOUND MASONIC LODGE DAY IN THE CITY OF MOUND. '1.3 APPROVE THE MINUTES OF THE MAY 26, 1998, REGULAR MEETING. 1992-2008 · 1.4 SET PUBLIC HEARINGS: (SUGGESTED DATE:JUNE 23, 1998, FOR AL1, THREE *.5 2009 FOR CASE #98-05, MAJOR SUBDIVISION, JAMES JOHNSON/DAVE MOORE, 4901 SHORELINE DRIVE. '1.6 2010 FOR CASE//98-28, CONDITIONAL USE PERMIT TO ALLOW TWIN HOMES, JAMES JOHNSON/DAVE MOORE, 4901 SHORELINE DRIVE. '1.7 2011 FOR CASE g98-26, CONDITIONAL USE PERMIT, MOTOR FUEL STATION TO BE LOCATED WITHIN THE B-2 ZONING DISTRICT, JAMES SMITH/JAMES KOVACH, 1730 COMMERCE BLVD. '1.8 RECOMMENDATION FROM STAFF REGARDING AN ADDITION OF AN ABUTTING DOCK SITE AT 4586 DENBIGH ROAD. 2012-2015 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) .1.9 RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF TREES, PUBLIC LANDS PERMIT, ADAM HAWKINSON, 1718 EAGLE LANE~ WIOTA COMMON. 2016-2018 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UI~N AS SOON AS POSSIBLE.) *1.10 RECOMMENDATION FROM STAFF REGARDING THE TRIMMING OF TREES, PUBLIC LANDS PERMIT, DON SWENSON, 4857 ISLAND VIEW DR., DEVON COMMON. 2019-2026 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UPON AS SOON AS POSSIBLE.) *1.11 RECOMMENDATION FROM STAFF REGARDING THE REMOVAL OF TREE, PUBLIC LANDS PERMIT, RAYMOND SALAZAR, 4559 ISLAND VIEW DR., DEVON COMMON. 2027-2033 (PLEASE NOTE THAT THIS ITEM WAS SCHEDULED TO GO BEFORE THE DCAC AT THEIR MEETING OF MAY 28, 1998, BUT THERE WAS NO QUORUM AND THE ITEM NEEDS TO BE ACTED UI~N AS SOON AS POSSIBLE.) .1.12 POLLING PLACE CHANGE. 2034 · 1.13 LICENSE RENEWALS: CLUB ON-SALE, SUNDAY SALES, ON-SALE WINE, ON-SALE BEER, OFF-SALE BEER, TREE REMOVAL LICENSE AND TRANSIENT MERCHANT LICENSE. 2035 · 1.14 PAYMENT OF BILLS. 2036-2050 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. 1.15 CONTINUED PUBLIC HEARING: STORM WATER UTILITY ORDINANCE. 2051-2067 1.16 CASE //98-25: VARIANCE, SIDE YARD SETBACK, MICHAEL & KATHY MEYER, 1748 BAYWOOD SHORES DRIVE, LOT 5, BLOCK 6, REPLAT OF HARRISON SHORES, PID # 13-117-24 24 0016. 2068-2083 1.17 EXECUTIVE SESSION: WOODLAND POINT LITIGATION. 1.18 INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for May 1998. 2085-2112 B. Draft of the 1999 Proposed LMCD Budget. 2113-2118 2119 Memorandum from Diane Lynch, Minnehaha Creek Watershed District Executive Director, regarding the appointment of liaisons from the City of Mound to interface with the MCWD Board Liaison which is Tom Maple. Who should be the liaison? My recommendation would be to appoint the City Manager as the official liaison and then I can communicate between the MCWD Board liaison and the City Council. What do you think? D. Park and Open Space Commission Minutes of May 14, 1998. 2120-2124 E. Letter from Moody's Investors Service regarding the change in definitions of the ratings used by Moody's. Mound has been given a designation of an A2 rating. 2125-2126 F. Information from West Hennepin City Managers/Administrators/City Clerks regarding focus groups on human services planning and coordination in the West Hennepin area and the announcement of some upcoming meetings. 2127-2133 G. 1998 Salary Survey for Elected Officials as prepared by the Association of Metropolitan Municipalities (AMM). 2134-2142 H. REMINDER: ANNUAL PARK TOUR, THURSDAY, JUNE 11, 1998, 7 P.M. MEET AT CITY HALL. I. REMINDER: COMMITrEE OF THE WHOLE MEETING, TUESDAY, JUNE 16, 1998, 7:30 P.M., CITY HALL. MOTION made by , seconded by to adjourn at The vote was unanimously in favor. Motion carried. PoMo Edward J. Shukle, Jr., City Manager Attest: City Clerk