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1998-10-27AGENDA C MOUND CITY COUNCIL TUESDAY, OCTOBER 27, 1998, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: Ail 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 2. APPROVE AGENDA. *3. CONSENT AGENDA *A. APPROVE THE MINUTES OF THE OCTOBER 13, 1998, REGULAR MEETING .............................. 4061-4066 *B. APPROVE THE MINUTES OF THE OCTOBER 20, 1998, COMMITTEE OF THE WHOLE MEETING ................ 4067-4068 *C. CASE 98-60: VARIANCE, FRONT & SIDE YARDS, LAKESIDE, STREET FRONTAGEAND LOT SIZE SETBACKS TO CONSTRUCT AN ADDITION ON THE FRONT, OF THE EXISTING HOUSE, CHRIS BAUM, 5138 TUXEDO BLVD., LOT 3, SWLY, 1 & 2, BLOCK 2, WHIPPLE, PID 24-117-24 43 0037. 4069-4097 *D. SET CANVASSING BOARD MEETING FOR WEDNESDAY, NOVEMBER 4, 1998, 7:30 P.M., MOUND CITY HALL. *E. RESOLUTION 98- RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION OF NOVEMBER 3, 1998 ................................... 4098 *F. SET SPECIAL MEETING FOR MONDAY, NOVEMBER 16, 1998, 7:30 P.M. FOR PURPOSES OF DISCUSSING 1999 PROPOSED BUDGET. (IF NECESSARY, BUDGET DISCUSSION WILL CONTINUE UNTIL THE NOVEMBER 17, 1998, COMMITTEE OF THE WHOLE MEETING). *G. SET THE FOLLOWING PUBLIC HEARINGS FOR NOVEMBER 10, 1998. P & Z CASE g98-55 - STREET VACATION, LONGFORD ROAD, KILDAIRE ROAD AND KINGS LANE, FINE LINE DESIGN. - P & Z CASE//98-61 - VACATION OF UTILITY EASMENT, 2232 WESTEDGE BLVD. 4059 REVIEW OF CONDITIONAL USE PERMrr FOR A NEIGHBORHOOD BUSINESS, AL & ALMA'S SUPPER CLUB. 4099-4113 *H. PAYMENT OF BILLS ............................... COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. PARK AND OPEN SPACE COMMISSION RECOMMENDATION REGARDING FILLING VACANCY. (PLEASE NOTE THAT RITA PEDERSON HAS INDICATED THAT SHE IS INTENDING TO RESIGN FROM POSC WHICH RESULTS IN TWO VACANCIES. POSC HAS RECOMMENDED THAT IF POSSIBLE, THEY WOULD LIKE THE TWO APPLICANTS APPOINTED THAT INTERVIEWED. WITH TWO VACANCIES, THE NUMBER OF POSITIONS ON THE POSC WOULD NOT HAVE TO CHANGE AND YOU COULD APPOINT BOTH APPLICANTS TO THE POSC) ......................... 4114-4119 APPLICATION FOR PUBLIC LANDS PERMIT: MARILYN BYRNES, 2851 CAMBRIDGE LANE ............................... 4120-4126 INFORMATIONfMISCELLANEOUS: A. Financial Report for September 1998 as prepared by Gino Businaro, Finance Director .................................. 4127-4128 B. Park and Open Space Commission Minutes of October 8, 1998 ...... 4129-4138 C. Dock and Commons Advisory Commission Minutes of October 15, 1998. 4139-4145 D. Draft 1999 AMM Policies and Policy Priorities List from AMM ..... 4146-4188 E. Economic Development Commission Minutes of September 17, 1998 ....... 4189 F. REMINDER: HRA MEETING IS SCHEDULED FOR TUESDAY, OCTOBER 27, 1998, 7:00 P.M., MOUND CITY HALL. F. LMCD Mailing ................................... 4190-4191 G. Metropolitan Governance Report as prepared by AMM ........... 4192-4204 4060 C C MINUTES- MOUND CITY COUNCIL - OCTOBER 13, 1998 MINUTES - MOUND CITY COUNCIL - OCTOBER 13, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 13, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Mark Hanus, Liz Jensen, and Leah Weycker. Councilmember Andrea Ahrens arrived at 7:45 P.M. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorneys John Dean and Karen Cole, City Clerk Fran Clark, City Planner Brace Chamberlain, City Engineer John Cameron, and the following interested citizens: Eileen Heitz, Marilyn Byrnes, Scott Kempf, Mike Mueller, Sr., Phil lansing, Lonnie Weber, Tim Busse, Bob Brown, John Eccles, Norm & Leah Leger. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. PRESENTATION OF CERTWICATE OF RECOGNITION TO WAYNE TERWILLIGER, FOR HIS 50 YEARS OF INVOLVEMENT IN BASEBALL. The Mayor presented the Certificate of Recognition to Wayne Terwilliger. *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 *CONSENT AGENDA MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda, as presented. The vote was unanimously in favor. Motion carried. *1.1 APPROVE THE MINUTES OF THE SEPTEMBER 8, 1998, REGULAR MEETING. MOTION Hanns, Weycker, unanimously. '1.2 APPROVE THE MINUTES OF THE SEPTEMBER 22, 1998, REGULAR MEETING. MOTION Hanns, Weycker, unanimously. MINUTES- MOUND CITY COUNCIL - OCTOBER 13, 1998 *1.3 CASE 98-57: VARIANCE, FRONT YARD & SIDE YARD SETBACKS TO CONSTRUCT A DETACHED GARAGE, JOHN RICHARDSON, 4724 HANOVER ROAD, LOTS 14 & 15, BLOCK 5, DEVON, PID 30-11%23 22 0038, RESOLUTION g98-111 RESOLUTION TO APPROVE A FRONT YARD AND SIDE YARD SETBACK VARIANCES IN ORDER TO ALLOW FOR CONSTRUCTION OF A PORCH AND CONFORMING DETACHED GARAGE, AT 4724 HANOVER ROAD, LOTS 14 & 15, BLOCK 5, DEVON, PID# 30-117-23 22 0038, P & Z CASE g98-57 Hanus, Weycker, unanimously. *1.4 CASE 98-53: VARIANCE, SIDE YARD SETBACK TO CONSTRUCT A THREE SEASON PORCH, SCOTT KEMPF, 2207 CENTERVIEW LANE, LOT 18 AND PART OF 15, BLOCK 6, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID 13-11%24 34 0006. RESOLUTION g98-112 RESOLUTION TO APPROVE A FRONT YARD, SIDE YARD SETBACK VARIANCES IN ORDER TO ALLOW FOR CONSTRUCTION A CONFORMING PORCH, AT 2207 CENTERVIEW LANE, LOTS 18 & PART OF 15, BLOCK 6, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK, PID# 13-117-24 34 0006, P & Z CASE//98-53 Hanus, Weycker, unanimously. *1.5 APPROVE EXTENSION OF RESOLUTION 9%100, RALPH BAUER, 1774 HERON LANE, PUBLIC LANDS PERMIT - PROPOSED EXTENSION TO JUNE 1, 1999. RESOLUTION $98-113 RESOLUTION APPROVING EXTENTION OF RESOLUTION g97-100, UNTIL JUNE 1, 1999, FOR RALPH BAUER, 1774 HERON LANE, PUBLIC LANDS PERMIT Hanus, Weycker, unanimously. Ot, Z *1.6 PAYMENT OF BILD~, MOTION Hanus, Weycker, unanimously. MINUTES- MOUND CITY COUNCIL - OCTOBER 13, 1998 1.6 PUBLIC HEARING: DELINQUENT UTILITY BILLS. The Mayor opened the Public Heating. Norm Leger, 2601 Granger Lane, was present and asked that the $110.00 fee be taken off his utility bill because he tried to comply with the sump pump ordinance and make an appointment for inspection and the company doing the inspections could not come until after the deadline. The Council discussed Mr. Leger problem and asked Staff to remove the $110.00 from his assessment. The Mayor closed the public hearing. Weycker moved and Jensen seconded the following resolution: RESOLUTION//98-114 RESOLUTION ADOPTING DELINQUENT WATER & SEWER ASSESSMENT ROLL IN THE AMOUNT OF $105,114.70 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY //14428 The vote was unanimously in favor. Motion carded. 1.7 PUBLIC HEARING: CENTRAL BUSINESS DISTRICT PARKING PROGRAM. The Mayor opened the Public Hearing. There was no response. The Mayor closed the public hearing. Hanus moved and Jensen seconded the following resolution: RESOLUTION NO. 98-115 RESOLUTION ADOPTING 1998 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $2,178.59 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST, LEVY//14429 The vote was unanimously in favor. Motion carried. 1.8 BID AWARD: LOST LAKE IMPROVEMENT PROJECT. The City Manager explained that 3 bids were received as follows: Ames Construction, Bumsville, MN. Johnson Brothers, Litchfield, MN. H.S. Black Construction, St. Paul, MN. Councilmember Ahrens arrived at 7:45 P.M. $1,352,290.00; $1,513,463.32; and $1,956,596.04 3 MINUTES- MOUND CITY COUNCIL - OCTOBER 13, 1998 The City Manager reported that the Iow bid was approximately $6,300 below the Minnesota Department of Transportation (MNDOT) estimate. MNDOT calculates the City's participation amount at $777,461.49. To proceed with the project a check must be sent to MNDOT following the bid award so that the paperwork can be processed and the contract executed with Ames Construction. Construction could begin around the first week in November. He recommended that the majority of the $777,461.49 be paid out of the Capital Improvement Fund, with the balance to come from the Liquor Fund and the General Fund. The following is a summary of the costs: MNDOT Estimate of Lost Lake Improvement Project Low Bid from Ames Construction ISTEA Grant City's Share Consultant Fees (Planning and Engineering) Subtotal 5 % Contingency (Applied Against Bid and Consultant Fees) TOTAL CITY SHARE $1,358,563.00 $1,352,290.00 $ (574,828.51) $777,461.49 $145,000.00 $922,461.49 $74,864.50 $997,325.99 The City Manager explained that the City has been informed by MNDOT that should there be change orders or other cost overruns as a result of the actual construction project, ISTEA funds would be available to cover eligible costs as determined by MNDOT. The first phase will be completed by August 15, 1999 and the second phase by November 15, 1999. Ahrens moved and Jensen seconded the following resolution: RF3OL~ON APPROVING THE BID OF AMES CONSTRUCTION FOR THE LOST LAKE IMPROVEMENT PROJECT IN THE AMOUNT OF $1,352,290.00 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A CONTRACT IN CONJUNCTION WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) AND AMES CONSTRUCTION RESOLUTION 98-116 The vote was unanimously in favor. Motion carried. 1.9 COMMENTS AND SUGGESTIONS FROM CITIZENS PRF~qENT. Marilyn Byrnes, 2851 Cambridge Lane, was present and stated that someone had called NSP and had a shade put around the entire street light at Cambridge and Bedford. Now the light does not provide light for the people who requested it. The Council asked that Staff look into this and report back. 4 MINUTES- MOUND CITY COUNCIL - OCTOBER 13, 1998 1.10 DISCUSSION: FALL LEAF DROPOFF. The C/ty Manager reported that City of Mound staff and City of Minnetrista staff have been working together to provide a fall leaf dropoff site for residents of Mound and Minnetrista. The Minnetrista City Council gave approval last night to the site behind the Minnetrista City Hall and Public Works Building in Minnetrista for this fall leaf dropoff. There will be no charge for this and the dates and times will be as follows: 9 a.m. - 4 p.m., Saturday, October 31 and Sunday, November 1. 9 a.m. - 4 p.m., Saturday, 7 and Sunday, November 8. If there is a need to extend the days that it is opened, that decision could be made following November 8th. The City of Mound would furnish a worker to make sure people dump the leaves in the right area, etc. On Monday following the weekend dropoff, public works employees from Minnetrista and Mound would haul the leaves to the Hennepin County Regional Park in Minnetrista for disposal. The County will accept these leaves this fall only free of charge. Reserves from Minnetrista and Mound could be utilized for directing traffic into and out of the site. The Council agreed with this solution for a leaf drop. The City Manager reported that he and the Administrator in Minnetrista have discussed long- term composting and agreed to pursue this issue together. C 1.11 EXECUTIVE SESSION: WOODLAND POINT LITIGATION, The Council went into Executive Session at 8:20 P.M. The City Attorney stated the reason was to have the Council give direction to the City's Attorney, Karen Cole, on the Woodland Point litigation. The Council returned from Executive Session at 9:15 P.M. 1.12 RECOMMENDATION FROM PARK AND OPEN SPACE COMMISSION RE: COMMISSION VACANCY. This item was moved to the next City Council Meeting because the Minutes from the POSC Meeting were not available yet. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for September 1998. B. LMCD Notice regarding cancellation of upcoming meetings. C. Dock and Commons Advisory Commission Minutes of September 17, 1998. D. REMINDER: Committee of the Whole Meeting is scheduled for Tuesday, October 20, 1998, 7:30 p.m. Primary agenda item is the proposed 1999 Budget. Please bring your budget copies with you to the meeting. E. REMINDER: WCCB Meeting is scheduled for Thursday, october 15, 1998, 5:30 p.m., Mound City Hall. Fm MINUTES- MOUND CITY COUNCIL - OCTOBER 13, 1998 REMINDER: HRA MEETING HAS BEEN RESCItEDULED FROM OCTOBER 13, 1998 TO OCTOBER 27, 1998, 7 P,M,, MOUND CITY HALL. Information from the Suburban Rate Authority (SRA) regarding the upcoming meeting scheduled for Wednesday, October 21, 1998, Bumsville Community Center. Council- member Hanus is the City of Mound delegate to the SRA. Application from Carl Erickson, 3087 Alexander Lane, re: Vacancy on the Dock and Commons Advisory Commission. Interviews for the vacancy will be conducted at the next meeting of the Commission which is scheduled for Thursday, October 15, 1998, 7:30 p.m. You are invited to attend the interview. It was noted at the DCAC Meeting that Mr. Efickson is not a commons dock participant and therefore, does not qualify for this appointment. The position will be readvertised. MOTION made by Jensen, seconded by Weycker to adjourn at 9:25 P.M. The vote was unanimously in favor. Motion carded. Edward J. Shukle, Jr., City Manager Attest: City Clerk C C MINUTES-COMMITTEE OF THE WHOLE-OCTOBER 20, 1998 The meeting was called to order at 7:30 p.m. Members Present: Jensen, Hanus, Weycker and Ahrens (arrived at 7:40 p.m.). Absent and Excused: Polston. Also Present: John Cameron, City Engineer; Gino Businaro, Finance Director; and Ed Shukle, City Manager. Liz Jensen became Acting Mayor until Ahrens arrived. Proposed Wara Development in Minnetrista Wara has requested, through the City of Minnetrista, that their proposed development along the Mound/Minnetrista boundary be provided with water and sanitary sewer service. City staff has been in contact with Minnetrista city staff and Wara regarding this matter. Engineering studies have been done which indicate that service can be provided to this development from Mound assuming that issues related to utilities be addressed by the developer and the City of Minnetrista. The City Council consensus was to continue to pursue the matter and obtain some additional information relating to siting a new well in the western area of Mound and also locating additional water storage for the area. Possible Purchase of Balboa Property_ Adjacent to Lost Lake Ed Shukle indicated that the property between the SuperAmerica and Lost Lake is for sale. The issue of buying the property was discussed and whether the City could afford to purchase it as it relates to the furore development of the Lost Lake site. Further research into this matter will take place and more discussion will occur at a later date. Annual Christmas Party It was suggested that Sunday, December 13, 1998 be the date for the annual Christmas party. A location will be sought and confirmed. Lost Lake Improvement Project - Groundbreaking Ceremony The date suggested is Tuesday, November 10, 1998, 8:30 a.m., at the Lost Lake site. 1999 Bud_~et The Council consensus was to address this issue at a special meeting on Monday, November 16, 1998, 7:30 p.m., and continue discussion, if necessary, at the Committee of the Whole meeting scheduled for Tuesday, November 17, 1998, 7:30 p.m. COW Minutes October 20, 1998 Page 2 Other Business Shukle reported on the street light matter on Cambridge Lane. He indicated that NSP has been out and removed the shields so that light can shine on the Byrnes'property and the Heitz property but not the Flatten or Sollie property. Upon motion by Jensen, seconded by Ahrens and carried unanimously, the meeting was adjourned at 9:30 p.m. Respectfully submitted, City Manager October 27, 1998 C C PROPOSED RESOLUTION #98- RESOLUTION TO APPROVE A FRONT YARD, SIDE YARD AND LAKESIDE SETBACK, STREET FRONTAGE, AND LOT SIZE VARIANCES IN ORDER TO ALLOW FOR CONSTRUCTION OF AN ADDITION TO THE FRONT OF THE DWELLING, AT 5138 TUXEDO BLVD, LOT 3 & SWLY I & 2, BLOCK 2, WHIPPLE, PID# 24-117-24 43 0037 P & Z CASE #98-60 WHEREAS, the applicant, Chris Baum, has applied for variances to a front yard, two side yards, lakeside setbacks, street frontage, and lot size as listed below in order to allow construction of an addition onto the existing principle structure at 5135 Tuxedo BIvd; and, WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, 40 feet of lot frontage, front yard setback of 20 feet, side yard setbacks of 6 foot, and the balance of setbacks as listed below for lots of record; and, WHEREAS, the following lists the requested setbacks: Existinq/Proposed Required Variance Front yard 16.4' 20' 3.6' Side yard 3.3' 6' 2.7' Side yard 5' 6' 1' Lakeside 46' 50' 4' Deck (lakeside) 2' 50' 48' Street Frontage 34.75' 40' 5.25' Lot Size 5953 sf 6000 sf 48 sf ; and, WHEREAS, the proposed addition incorporates an attached two stall garage on the ground level and two bedrooms on the top floor increasing the nonconformity of the south side yard by 1.9 feet; and, October 27, 1998 8aura - 5138 Tuxedo 81vd Page 2 WHEREAS, the hardcover after construction will be under the 40 percent requirement for lots of record by 455 square feet; and, WHEREAS, the illegal nonconforming detached lakeside deck is 560 square feet and is setback 2 feet from the lake and was built without a building permit, and, WHEREAS, the Planning Commission has reviewed the request and has recommended approval of the variance recommend by staff with the conditions; and, NOTM, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance of the following setbacks: Existing/Proposed Required Variance Front yard 16.4' 20' 3.6' Side yard 3.3' 6' 2.7' Side yard 5' 6' 1' Lakeside 46' 50' 4' Street Frontage 34.75' 40' 5.25' Lot Size 5953 sf 6000 sf 48 sf With the following conditions: ao The detached lake deck be removed prior to building permit issuance. The garage be able to utilize the retaining wall with a side yard setback of 3.3' as proposed and the soffit be limited to 1 foot. The front yard setback to be 16.4' to allow the garage as proposed. A drainage plan be submitted for review and approval prior to building permit issuance. The current water bill be paid in full prior to construction of the addition. The stand pipe adjacent to the retaining wall be removed before construction of the addition. The City Council authorizes the alterations set forth in this resolution, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the structures described in the resolution remain as lawful, nonconforming structures subject to all of the provisions and restrictions of Section 350:420. It is determined that the livability of the residential property will be improved by the authorization of the following improvements: Construct a two story addition to the front of the home to include a two stall garage and two bedrooms. October 27, 1998 PROPOSED RESOLUTION #98- RESOLUTION TO APPROVE A FRONT YARD, SIDE YARD AND LAKESIDE SETBACK, STREET FRONTAGE, AND LOT SIZE VARIANCES IN ORDER TO ALLOW FOR CONSTRUCTION OF AN ADDITION TO THE FRONT OF THE DWELLING, AT 5138 TUXEDO BLVD, LOT 3 & SWLY 1 & 2, BLOCK 2 , WHIPPLE, PID# 24-117-24 43 0037 P & Z CASE #98-60 WHEREAS, the applicant, Chris Baum, has applied for variances to a front yard, two side yards, lakeside setbacks, street frontage, and !0t size as listed below in order to allow construction of an addition onto the existing principle structure at 5138 Tuxedo BIvd; and, WHEREAS, the subject property is located within the R-lA Single Family Residential Zoning District which according to City Code requires a minimum lot area of 6,000 square feet, 40 feet of lot frontage, front yard setback of 20 feet, side yard setbacks of 6 foot, and the balance of setbacks as listed below for lots of record; and, WHEREAS, the following lists the requested setbacks: Existing/Proposed. Required Variance ; and, Front yard 16.4' 20' 3.6' Side yard 3.3' 6' 2.7' Side yard 5' 6' 1' Lakeside 46' 50' 4' Deck (lakeside) 2' 50' 48' Street Frontage 34.75' 40' 5.25' Lot Size 5953 sf 6000 sf 4~8~sf WHEREAS, the proposed addition incorporates an attached two stall garage on the ground level and two bedrooms on the top floor increasing the nonconformity of the south side yard by 1.9 feet; and, October 27, 1998 Baum - 5138 Tuxedo Bird Page 2 WHEREAS, the hardcover after construction will be under the 40 percent requirement for lots of record by 455 square feet; and, WHEREAS, the illegal nonconforming detached lakeside deck is 560 square feet and is setback 2 feet from the lake and was built without a building permit, and, WHEREAS, the Planning Commission has reviewed the request and has recommended approval of the variance recommend by staff with the conditions; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant a variance of the following setbacks: .Existing/Proposed_ ~ ..Variance Front yard 16.4' 20' 3.6' Side yard 3.3' 6' 2.7' Side yard 5' 6' 1' Lakeside 46' 50' 4' Street Frontage 34.75' 40' 5.25' Lot Size 5953 sf 6000 sf ~sf With the following conditions: ¥7 a. The detached lake deck be removed prior to building permit issuance. b. The garage be able to utilize the retaining wall with a side yard setback of 3.3' as proposed and the soffit be limited to 1 foot. c. The front yard setback to be 16.4' to allow the garage as proposed. d. A drainage plan be submitted for review and approval prior to building permit issuance. e. The current water bdl be aid i ' ~ ~ '~ · ~ . . P n full prior to ~~o~ cf ~- -~= f. The . . , ....... ~~ adjacent to the retaining wall be removed before ~ The Oity Oounoil authorize8 the alteration8 8et fo~h in this resolution, pursuant to ~eotion 8E0:~20, Subdivision 8 of the Zonin~ Ordinanoe with the olear and expre88 understandin~ that the ~truotu~e8 de~oHbed in the resolution remain ae lawful, nonoonformin~ 8truoture8 8ubjeot to all of the p~ovision8 and re~tdotion8 of 8eotion 8E0:~20. It is determined that the livability of the residential property will be improved by the authorization of the following improvements: Construct a two story addition to the front of the home to include a two stall garage and two bedrooms. October 27, 1998 Baurn - 5138 Tuxedo Blvd Page 3 This variance is granted for the following legally described property as stated in the Hennepin County Property Information System: LOTS 3 AND SWLY 1 & 2, BLOCK 2, WHIPPLE, 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. 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. Mound Planning Commission Minutes October 12, 1998 MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, OCTOBER 12, 1998 Those present: Chair Geoff Michael, Michael Mueller, Cklair Hasse, Becky Glister, Frank Weiland, Orv Burma, Bill Voss, Jerry Clapsaddle, and Council Liason Mark Hanus. Staff present: Assistant City Planner Loren Gordon, Building Official Jon Sutherland, and Secretary Kris Linquist. Absent and Excused: Jerry Clapsaddle and Council Liason Mark Hanus. Public Present: Geoffrey Pate, Traci Pate, Shirley Gustafson, Chris Baum, Allan Johnson, Gary Blix. Meeting was called to order at 7:30 p.m. by Chair Geoff Michael. MINUTES - APPROVAL OF THE SEPTEMBER 28, 1998 MINUTES OF THE PLANNING COMMISSION MEETING. No corrections were made. MOTION by Weiland, seconded by Voss to approve the corrected Minutes of the September 28, 1998 Planning Commission Meeting. Motion carried 7-0. BOARD OF APPEALS: CASE # 98-59: VARIANCE, FRONT & SIDE YARDS, LAKESIDE, STREET FRONTAGE AND LOT SIZE SETBACKS TO CONSTRUCT AN ADDITION ON THE FRONT OF THE EXISTING HOUSE, CHRIS BAUM, 5138 TUXEDO BLVD, LOT 3 SWLY 1 & 2, BLOCK 2, WHIPPLE, PID # 24-117-24 43. 0037 Loren Gordon presented the case. The applicant, Chris Baum, has submitted a request to construct an addition on the front of the existing house. The addition includes a tuck under two-stall garage and a second story for 2 bedrooms and a bath. As proposed the addition would measure 25 feet by 24.2 feet. The associated variance requests are listed below. Existing/Proposed Required Front Yard 16.4' 20' 3.6' Side Yard 3.3' 6' 2.7' Side Yard 5' 6' 1' Lakeside 46' 50' 4' Variance Mound Planning Commission Minutes October 12, 1998 Deck (lakeside) 2' 50' 48' Street Frontage 34.75' 40' 5.25' Lot Size 5953 sf 6000 sf 48 sf The property is located at 5138 Tuxedo Road on an undersized lakeshore lot. As indicated by the request, there are a number of existing and proposed variances needed to allow the addition as planned. Current property improvements include a one-story house with a basement that walks out to the street and a 560 square feet deck located 2 feet from the OHWL. There is not currently a garage on the property. Hardcover for the property after improvements would be under the 40 percent allowable for lots of record by 455 square feet. The proposal would increase the nonconformity of the south side yard by 1.9 feet. The addition would use the existing retaining wall as a sidewall. Building plans would need to verify that it could be used for this purpose. The front of the addition would be setback 16.4 feet from Tuxedo Blvd. right-of-way. Tuxedo Blvd. has a 66 feet width and the curb edge is 30 feet from the property line. The front of the house as proposed would be setback 46.4 feet from the improved street. An attached garage on the adjacent property is setback approximately the same distance as the proposal. Other existing setback encroachments include both side yards where a corner of the house extends into the setback and a landing. The landing is approximately 5 feet height and is used as the front door. The attached lakeside deck is within the 50 feet setback and the detached deck is 2 feet from the property line. The detached deck also has a lower level platform with a swing attached to the upper deck. As a water oriented structure it is limited to 250 sf and must be setback 10 feet from the OHWL. The current water bill is delinquent and should be paid in full before any approvals are granted. A stand pipe exists adjacent to the retaining wall. The Street Superintendent has recommended it be removed before construction of the addition. Staff supports the proposed addition plans but would like to suggest working towards a minimal amount of encroachment. This will entail incorporating a slight offset of the garage and possibly reducing its size. At a minimum staff would recommend 5.2 feet and 6 feet side yards to match the existing house and not increase the nonconformity. A 22 feet depth would get the front yard setback to about 19.4 feet. This is acceptable given the 30 feet of right-of-way distance to the . street. This setback also allows a car to be parked in front of the garage fully out of the right-of- way. Staff would support existing 46 feet setback of the attached deck as the encroaching corner serves as an entry and the deck lines up with decks on the adjacent lots. The landing that serves as the front door will need to remain as it serves a necessary purpose. The detached lakeside deck is 560 square feet and is setback 2 feet from the lake. It was built without a permit sometime in 1991 according to City records. Attempts were made to bring it before the Planning Commission but proved to be unsuccessful. It is a clear violation of all building and zoning codes as an unlawful structure. Because of this status there appears to be Mound Planning Commission Minutes October 12, 1998 grounds for its removal either as a part of this application if a variance is not granted or handled administratively. The applicant could secure a permit for 250 square feet of deck that would be classified as a water oriented structure and locate it 10 feet from the lake. A detailed grading and drainage plan will need to be provided if the request is approved to meet building permit survey requirements. The current survey does not indicate elevations or drainage patterns. Staff recommends the Planning Commission recommend Council approve the request as stated with the following conditions. 2. 3. 4. 5. The side yard setbacks not exceed 5.2 feet and 6 feet. The detached lake side deck meet code requirements for water oriented structures. A drainage plan be submitted for review and approval prior to building permit issuance. The current water bill be paid in full prior to construction of the addition. The stand pipe adjacent to the retaining wall be removed before construction of the addition. DISCUSSION Weiland asked if there is electric hooked up down by the lake. The applicant stated that there was electric hooked up. Weiland stated that it needed to disconnected. Sutherland stated that a site inspection will be done. Sutherland stated that he should have discussed the previous site inspections with the applicant prior to the planning commission. He apologized for not taking care of the matter previously. He stated that Baum will be willing to work with him on the deck as part of a condition for the variance. Sutherland stated that the deck would be conforming before a permit could be issued. Shirley Gustafson - 5142 Tuxedo Blvd., made comments that she would not like to see the addition go any closer to her house. Mueller questioned the retaining wall. He asked if it was expensive to erect. Sutherland stated that it is an expensive wall. Mueller stated there would not be a way to construct a garage and utilize the space by the retaining wall. There was some discussion between the neighbor and the building official regarding the size of the addition. The building official stated that the neighbor is not in opposition of the addition. Burma questioned if the landing would be brought into conformity, Gordon stated that it is the means for entry to the home. He felt the landing could remain. 3 Mound Planning Commission Minutes October 12, 1998 MOTION by Mueller, seconded by Voss to recommend approval with the following conditions: 1. The detached lake deck be removed prior to building permit issuance. 2. The garage be able to utilize the retaining wall with a side yard setback be 3.3' as proposed. The soffit be limited to 1 foot. 3. The front yard setback to be 16.4' to allow the garage as proposed. 4. A drainage plan be submitted for review and approval prior to building permit issuance. 5. The current water bill be paid in full prior to construction of the addition. 6. The stand pipe adjacent to the retaining wall be removed before construction of the addition. Motion carried 5-2. Hasse and Weiland opposed. This case will go to City Council on October 27, 1998 4 PLANNING REPORT Hoisington Koegler Group Inc. I IH TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: October 12, 1998 SUBJECT: Variance Request OWNER: Chris Baum CASE NUMBER: 98-60 HKG FILE NUMBER: 98-5bbb LOCATION: 5138 Tuxedo Road ZONING: Residential District R-lA COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant has submitted a request to construct an addition on the front of the existing house. The addition includes a tuck under two-stall garage and a second story for 2 bedrooms and a bath. As proposed the addition would measure 25 feet by 24.2 feet. The associated variance requests are listed below. Existing/Proposed Required Variance Front Yard 16.4' 20' 3.6' Side Yard 3.3' 6' 2.7' Side Yard 5' 6' 1' Lakeside 46' 50' 4' Deck (lakeside) 2' 50' 48' Street Frontage 34.75' 40' 5.25' Lot Size 5953 sf 6000 sf 48 sf The property is located at 5138 Tuxedo Road on an undersized lakeshore lot. As indicated by the request, there are a number of existing and proposed variances needed to allow the addition as planned. Current property improvements include a one-story house with a basement that walks out to the street and a 560 square feet deck located 2 feet from the OHWL. There is not currently a garage on the property. Hardcover for the property after improvements would be under the 40 percent allowable for lots of record by 455 square feet. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (6t2) 338-6838 C p. 2 #98-60 Baum Variance Request October 12, 1998 The proposal would increase the nonconformity of the south side yard by 1.9 feet. The addition would use the existing retaining wall as a sidewall. Building plans would need to verify that it could be used for this purpose. The front of the addition would be setback 16.4 feet from Tuxedo Blvd. right-of-way. Tuxedo Blvd. has a 66 feet width and the curb edge is 30 feet from the property line. The front of the house as proposed would be setback 46.4 feet from the improved street. An attached garage on the adjacent property is setback approximately the same distance as the proposal. Other existing setback encroachments include both sideyards where a comer of the house extends into the setback and a landing. The landing is approximately 5 feet height and is used as the front door. The attached lakeside deck is within the 50 feet setback and the detached deck is 2 feet from the property line. The detached deck also has a lower level platform with a swing attached to the upper deck. As a water oriented structure it is limited to 250 sf and must be setback 10 feet from the OHWL. The current water bill is delinquent and should be paid in full before any approvals are granted. A stand pipe exists adjacent to the retaining wall. The Street Superintendent has recommended it be removed before construction of the addition. 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): 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. C. That the special conditions or circumstances do not result from the actions of the applicant. Do That granting of the variance request will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the hardship. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 3 #98-60 Baurn Variance Request October 12, 1998 F. The variance would not be materially detrimental to the purpose of this Ordinance or to property in the same zone. Staff supports the proposed addition plans but would like to suggest working towards a minimal amount of encroachment. This will entail incorporating a slight offset of the garage and possibly reducing its size. At a minimum staff would recommend 5.2 feet and 6 feet sideyards to match the existing house and not increase the nonconformity. A 22 feet depth would get the front yard setback to about 19.4 feet. This is acceptable given the 30 feet of right-of-way distance to the street. This setback also allows a car to be parked in front of the garage fully out of the right-of- way. Staff would support existing 46 feet setback of the attached deck as the encroaching comer serves as an entry and the deck lines up with decks on the adjacent lots. The landing that serves as the front door will need to remain as it serves a necessary purpose. The detached lakeside deck is 560 square feet and is setback 2 feet from the lake. It was built without a permit sometime in 1991 according to City records. Attempts were made to bring it before the Planning Commission but proved to be unsuccessful. It is a clear violation of all building and zoning codes as an unlawful structure. Because of this status there appears to be grounds for its removal either as a part of this application if a variance is not granted or handled administratively. The applicant could secure a permit for 250 square feet of deck that would be classified as a water oriented structure and locate it 10 feet from the lake. A detailed grading and drainage plan will need to be provided if the request is approved to meet building permit survey requirements. The current survey does not indicate elevations or drainage patterns. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approve the request as stated with the following conditions. 1. The sideyard setbacks not exceed 5.2 feet and 6 feet. 2. The detached lake side deck meet code requirements for water oriented structures. 3. A drainage plan be submitted for review and approval prior to building permit issuance. 4. The current water bill be paid in full prior to construction of the addition. 5. The stand pipe adjacent to the retaining wall be removed before construction of the addition. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 . Fax (612) 338-6838 RECEIVED SEP 2 8 1998 VARIANCE APPLICATION ' CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 SEP $i 0 1998 ¢. CITY OF ~' I ..... C MOUND PLANNING & INSR Application Fee: $100.00 (FOR OFFICE USE ONLY) Planning (~ommisslon Date: ~ /&I fl8 Case No.q(~~_~ City Council Date: Distribution: 0~-~:)'C--1~:~ City Planner ~~ DNR ~~ City Engineer "- Other ~-~-q ~ Public Works SUBJECT Address ,51~ ~¢~,~ ~. PROPERTY Lot '~ LEGAL Block DESC. Subdivision ZOninG DISTBICI ~-1 ~-1 B-2 ~-3 B-1 B-2 B-3 PROPERTY Name OWNER Address Sf%B Phone(H) ~¢-~%~¢ (W) (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 for this property? ( ) yes, ~no. If yes, list date(s) of application, action taken, resolution procedure number(s) and provide copies of resolQtions. 2. Detailed description of proposed construction or alteration (size, number of stories, type of use, etc.): ¢- 3'/.,~- 0%4 - ~ ~,~ ~ - ~ ¢o~ ~ ~ ¢~q, z Variance Application, P. 2 Do the existing s district in which reason for varianc~ei! request, i.e.. setback, lot area, etc.): Case No. c~ -(oO Ictures comply with all area, height, bulk, and setback regulations for the zoning is located? Yes (), No lX~). If no, specify each non-conforming use (describe SETBACKS: ~i REQUIRED (NiSEW) (NjSEW) (NSEW) (N~SEW) (NSEW) (NSEW) REQUESTED VARIANCE {or existing) ft. /~, ct~ ft. 3,~ ft. ft. :~, ~ ft. ~, ~ ft. ft. .~- ft. ~ ft. ft. ft. ft. ft. ~ ft. ~ ft. ft. o~. ft. ~~ ft. ft. ~.-)_~ ft. ~.;z~7 ft. ~c~ sq ft ~----~, sq ft ~ ~ sq ft _~sq ft /~,,~ sq ft .sq ft Front Yard: Side Yard: Side Yard: Rear Yard: Lakeside: : Street Frontage: Lot Size: Hardcover: Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes J~, No (). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses pe~ifi~t-~'i~-th-~t--zb~ing district? ........ Please describe: too narrow too small too shallow ( ) topography ( ) soil ( ) drainage ( ) existing situation ( ) shape ( ) other: specify Il Variance Application, P. 3 Case No. e Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~ If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~), No (). If no, list some other properties which are similarly affected? C' 9, Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature C ~. Applicant's Signature Date (Rev. l l /14/97) CITY OF MOUND (IMPERVIOUS SURFACE COVERAGE) IiPROPERTY ADDRESS: '~(3~ T~~O ~/..-V_~ [OWNER'S NAME: ~_.~f~L~ LOT AREA ~--~'~',.~,~ SQ. FT. X 30% = (for all lots) .............. LOT AREA ~ ~'o~,-- SQ. FT. X 40% = (for Lots of Record*) ....... LOT AREA SQ. FT. X 15% = (for detached buildings only) *Existing Lots of Record may have 40 percent coverage provided that techniques are utilized, as outlined in Zoning Ordinance Section 350:1225,Subd. 6. B. 1. (see back). A plan must be submitted and approved by the Building Official. HOUSE DETACHED BLDGS (GARAGE/SHED) DRIVEWAY, PARKING AREAS, SIDEWALKS, ETC. DECKS Open decks (1/4" min. opening between boards) with a pervious surface under are not counted as hardcover OTHER LENGTH WIDTH SQ FT x = ! ~S' x ~,~ = ~ X = TOTAL HOUSE TOTAL DETACHED BLDGS ................. x = ~/ x = I;~5' × - $~ TOTAL DRIVEWAY, ETC .................. X = TOTALDECK TOTAL OTHER TOTAL HARDCOVER / IMPERVIOUS SURFACE ~VER (i e difference) ............................ '. · · PREPARED BY ~~~ ~~ DATE BUILDING Itl 1, n, , ,ik & d a, PERMIT APPUCAT1ON .'CITY OF: .MOUND 534.1 Maywood Road, Mound, MN.55364 Phone: 472-0600 Fax: 472-062( ~usiness Name~ennant 1 ~e a~plicant ~s: ~owner ~con~rac=or ~tanant ~L Lo~ ~ Boc~ DE~C~IP~ON $ubdi~sion Address C~N~CTQR Company Name ~csnse Contac~ Person Address Phone ~) {Wi ARCHITECT Name &/OR Address ~GINEER Phone (H) (Wi (M) CHANGE OF FRCM: USE TO: DESCRIBE WORK: VALUATION OF WORK: VALUE APPROVED: $~--=AP, ATE 3C_~MITS ARE .'RE~UIRE~ FOR ~..ECTRICAL, ~UMBING, H~NG. V~NG CR AIR C3UNC:L M~Y ~T~NO ~E ~ME ~QR CCMPL~;ON UPON ~1~ REQUE~ CF T~E ~Mt~& ~STAaUsNING TO ~E ~SONA6LE SA%S~AC~GN 3F THE C:~ PRINT APPLICANT'S NAME DATE ~/~////~/~/~~~~~~/~~~/~~/~/~/~//~!/~!/ (OFFtC~ USE ONLY) SPECIAL CONDITIONS&COMMENTS: t OC=UPANCY · U~S YES I NO ~ PUSUCWORKS Z 0 0 n~ I d dd dd 0~ i~ ++ 0 © I © Z Iii o ~ © . 000 0~~ dd GRAPHIC SCALE WATER ELEVAllON ON .-~ SEPT. 2nd 1998. 928.9 O.H,M. 929.4 --,, DECK I ft. HOUSE 1 STORY WALKOUT HOUSE S 79'54''26 RECEIVFP SEP l B 199B N~OUNU PLANN~Nb ~, {NSP. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-O620 March 2, 1994 Mr. Christopher J. Baum 5138 Tuxedo Blvd. Mound, MN 55364 SUBJECT: 1. COMPLAINT REGARDING ILLEGAL RENTAL UNIT 2. VARIANCE REQUEST FOR DETACHED DECK C Dear Mr. Baum: The City has received a complaint about the your basement being rented out as a separate dwelling unit at 5138 Tuxedo Blvd. Please be advised that the City Code for the R-lA zone does not permit two separate dwelling units. As we have discussed, two renters, or persons unrelated to you, living together in the whole of your dwelling, would constitute a single housekeeping unit and be allowable under the code. The whole dwelling includes the kitchen and bath facilities which must be shared, and your dwelling must not be separated or divided into two units. In addition, I have enclosed a variance application for the detached lake side deck that was installed prior to your purchase of this property. Please contact myself or Peggy James at 472-0600 if you have any questions. A survey showing the location of the existing deck and other structures on the property is required in order to process the variance. Pleas~ contact me to let me know if you cannot meet the next application deadline of March 24, 1994. Respectfully, Jon Sutherland Building Official ls:pj Enclosures pr~nfed on recycled paper COPIED TO: ~Case # CITY OF MOUND - COMPLAINT FORM TAKEN BY LOC_a_TION/ADD]~_~S OF COMPLAINT I I · I I I O"MP 'B OWNER' S ADDRESS OWNER'S PHONE TE10.NT' Iq~ME TENANT' S PHONE COMPLAINT ISSUED BY ADDRESS DAY PHONE ~. '- NATURE OF COMPLAINT RELATED CODE SECTIONS CITY OF MOUND INSPECTION NOTICE M T W TH F [] PLUMBING FINAL [] MECHANICAL [] FIREPLACE AT THROAT PERMIT NO. ^oo ss [] FIREPLACE FINAL OWNER CONTRACTOR [] FOOTING [] PLUMBING ROUGH-IN [] FF~MING [] INSULATION [] WALLBOARD [] PROGRESS [] FINAL [] DEMOLITION !,n-'.;-~,-,. ,' ,~-~ ,_ PHONE # PHONE # 8GITE INSPECTION RADING/EXCAV. [] COMPLAINT [] FOLLOW-UP WORK SATISFACTORY: PROCEED [] PHOTO TAKEN [] CORRECT WORK & PROCEED ~ : [] CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING [] CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN [] STOP ORDER POSTED· CALL INSPECTOR ' [] INSPECTION REQUIRED. CALL TO ARRANGE ACCESS Call for the next Inspection 24 hours in advance. /'"", '.. Inspector ~~'"'~ 47~-0600 '., Yellow Copy/Site NotJ~''~'~ White Copy/Inspectors File !- .. '_ February 7, 1992 CITY of .MOUND 5S.:' '.'A YWOOD MOuf~5 ,., ',',~ESOTA ~.=554.~68. ~'2 472-~ 155 Mr. Paul Larson BURNET REALTY 3701 Shoreline Drive Wayzata, MN 55391 SUBJECT: Dear Paul: l) 3011 Inverness Lane - No Occupancy Order 5138 Tuxedo Blvd. - Retaining Wall and Deck Please be advised that th a no occu a e propert · P nc or Y at 301 builder. Th~Y~_~er as noted o~ ~- 1 I~verness Lane · ..... occumie~ ,,.~-~ccer is to ~-~-~ ~ attached 1~ ~ unoer ~r.corrected -~i~59g Code and" -y~ property ma uui]~ ...... and a Certlric~. _~ _ City Code iss, ..... Y not .... '~ official. ---~ u~ occupancy h~ ~ ~re completed ~ -~ ~==n iSSUed by the In addition, please find enclosed a copy of a letter sent to the owner of 5138 Tuxedo Blvd. regarding a collapsed retaining wall and a deck which was Constructed without a permit. If you have any questions, please contact me. Respectfully, as:pj Enclosure printed on recycled Paper CITY of MOUND =.3.t! MAYWOOD ROAD t!~,.'.; M~NNESOTA55364'1687 ~612~ 472-1155 -"AX 6!2~ 472-062n~ February 6, 1992 Mr. Donald Bonnicksen Creative Carpentry & Contracting 750 Carver Beach Road Chanhassen, MN 55317 SUBJECT: 3011 INVERNESS LANE Expiration of Temporary Certificate of Occupancy Dear Mr. Bonnicksen: The Temporary Certificateof Occupancy issued on May 7, 1991 for the subject property has expired. This property was posted for "No Occupancy" on January 24, 1992. Occupancy of the structure at 3011 Inverness Lane will not be granted until the items listed on the Temporary Certificate of Occupancy have been completed, inspected, and approved. 1. Complete final grading, grade at rear is up against plywood on floor truss and must be lowered to 6 inches below any wood or top of block and then drain away from house 1/2 inch per foot · for approximately 6 feet. Tape fire wall gaps in garage. Electrical final inspection. Smoke detectors must be complete at electrical final. ® Install soffit venting. Sod or erosion control is required in front yard. Erosion control is needed at both sides of house and property. Excavation and retaining Wall at northeast side is not shown on original survey. Accurate information is required to be submitted and reviewed by city Engineer. printed on recycled paper 3011 Inverness Lane February 6, 1991 Page 2 0 Correct front entry landing and stairway, 36" landing is required at front door. We have received a complaint from the adjacent owner regarding damage to his property from construction that has not yet been repaired. This damage consists of grading and excavating that caused the sod to be displaced and erosion to occur. This issue must also be resolved to the satisfaction of all persons involved. Please call for a final inspection when all items have been completed. If you have any questions, please contact me. Building Official JS:pj C February 6, 1992 CITY ()f XlOUND }.~<, ',~: L!'.'.:]5],!A 555':: 6'i -:'l Ms. Carol Kreft 5138 Tuxedo Blvd. Mound, MN 55364 SUBJECT: Collapsed Retaining Wall and Detached Deck Installed on Lake Side Without Proper Permits at 5138 Tuxedo Blvd. Dear Ms. Kreft: It has come to our attention that the retaining wall on your property abutting 5142 Tuxedo Blvd. has collapsed and the hillside is falling-in, possibly affecting the neighboring property's driveway. You must correct this situation, or I will have no alternative but to issue a condemnation order to have the wall repaired or the situation corrected. A building permit is required for any retaining wall over 4 feet in height measured from the bottom of the footing to the top of the wall. CAt the rear, or lake side of the property, a deck has been installed without the required building permit. This deck shall be removed, or a building permit applied for. If you choose to apply for a permit, a survey of the property is required to show the location of all structures on the lot and all setbacks. It appears setbacks are inadequate to the lake and a variance would have to be applied for, if that is the case. I have discussed this issue with the gentleman who proposes to remove the deck who stated it would be removed prior to ice out on the lake. Please contact this office within ten (10) d~ys of receipt of this letter regarding you intentions and schedule to resolve the above issues. If I do not hear from you I will be forced to take further action. Jon Sutherland Building Official JS:pj Enclosure printed on recycled paper phone Ca~ 1-elephoned W~II Call Agair wants To See You E] ! CONVERSATION RECORD DATE: CONVERSATION WITH: ~ ~ ~-~ ~ss / co.: 51~D Tw~g$O REGARDING: D. TIME CITY OF MOUND CALLED'IN~'~'- INSPECTION NOTICE SCHEDULED~ PERMIT NO. COMPLETED OWNER -_/' ~::~-F' C~ .~-~r¢.~_ ' CONTR. TELEPHONE NO. [] FOOTING [] PLUMBING RI [] SITE INSPECTION [] FRAMING [] MECHANICAL [] EXCAV./GRADING/FILLING [] INSULATION E3 WATER HOOKUP [] LAKESHORENVETLANDS ~: [] WALL BB. [] METER SET/TURN ON ~..~,OMPLAINT [] FINAL [] SEWER HOOKUP [] FOLLOW-UP I.u [] PROGRESS [] SEPTIC INSTALL. ri. SEPTIC FINAL. ~: [] DEMOL [] SEPTIC MAINT. 03 [] FIRE PREV, [] PLUMBING FINAL '.: COMMENTS: fiCkl BIAL. P, ALTY 'lT" [] CORRECT WORK & PROCEED [] CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING [] CORRECT UNSAFE CONDITION WITHIN HOURS. INSPECTOR WILL RETURN. [] STOP ORDER POSTED. CALL INSPECTOR. [] INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. call for the next inspection 24 hours in advance. Owner/Contr. on site N Inspector Gold Copy/Site Notice 472-1155 White Copy/Inspector's File '7 1, .ii , ,Il CITY OF MOUND - ZONING INFORMATION SIlEET SURVEY ON FILE'! NO LOT OF RECORD? YES / NO ZONING DISTRICT. LOT SIZE/WIDTH: YARD OUSE ......... FRONT FRONT SIDE ;IDE B1 7,500/0 R1A 6,000/40~ B2 20,000/80 -R2 6,000/40 B3 10.000/60 R2 14,000/80 R3 SEE ORD. I1 30,000/100 DIRECTION I REQUIRED EXISTING/PROPOSED EXISTING LOT SIZE: LOT WIDTtt: LOT DEPTtI: VARIANCE REAR LAKE OF BLUFF GARAGE, SliED ..... N S E W N S E~ N st~)w N S E W /? 15' N S E W ~7_) 10' OR 30' DETACIIED BUILDINGS £? 5,q6 FRONT N S E W N S E W SIDE N S E W 4' OR 6' SIDE N S E W 4' OR 6' REAR N S E W 4' TOP OF BLUFF ~ I~OR 30' ,o ot '- I q / NO ? ~ ~ DATED: CONFORMING? YES This Zoning Infmmafion Shcet only summarizes a portion of ~e tequiremen~ outlined in the Cily of Mound Zoning Ordinance. For fur~er information, comact ~e City of Mound ~ 0 RESOLUTION NO. 98- RESOL~ON APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED GENERAL ELECTION NOVEMBER 3, 1998 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby approve the following list of additional election judges for the General Election November 3, 1998: Andrea Ahrens Marion Anderson Mary Doshan Naida Franlde Jerry Jones Kris Linquist Harriet Shepherd Virginia Simondet Tom Taylor Liz Weber Bills October 27, 1998 Batch 8096 184,743.71 BILLS 184,743.71 I C~ 0oo0oo0oo0o / / ~ 00000000000~|~ C ~ n~ 0 Z 0 1= · . ' : I ~ I · ~ I J I I ~ I ::.: I ~:1 '::' I I I k- I I ( I : :: I ~ ~ I ~ I : : ~ · . - . . · · .~ . .~ .~ ", .... .... :~~ i o ~.o o o o o ~ o ~ o ~ I ,,<: Z '7, ....I 0 , J r~ ::3 0 © " · I I I I I I I , r.~ ~ .-~ ,'~ r,-. rxJ ,-.i ,,-4 · . · ,j ~ .._1 · · z (:~ . : ~ · "' i · . ' ~ z i ,.~fl ~'F) o.~. ~o,,., o.~. o o= ,:,o,,,,- ,,... ,, ,,-,- ~ ,'-- t _j ._] ._J .J ~.l ~ ,-4 L~J PARK & OPEN SPACE AD¥ISORY COMMISSION MINUTES - OCTOBER 8, 1998 INTERVIEW APPLICANTS FOR PARK AND OPEN SPACE VACANCY Meyer noted the letters of interest from Norman Domholt and Christina Cooper. He explained that a joint interview would be held with the Council invited to also attend. At the end of the interviews, the POSC will a vote on the application, votes tallied, and the recommendation forwarded to the City Council. Norman Domholt presented his background and stated he owns a business in Mound and also owns that commemial property. He stated that he enjoys the atmosphere in Mound, does all of his shopping locally, and feels warmly welcomed. Mr. Domholt stated that he has always been involved with outdoor activities and since his business has great managers, is able to devote some of his time to other efforts. Mr. Domholt Mound Advisory Park and Open Space Commission October 8, 1998 stated that he is very focused and interested in devoting time to the City of Mound by serving on the POSC. Weycker asked Mr. Domholt what he thinks of Mound's parks and what he would change, if possible. Mr. Domholt stated he lives next to Mound Bay Park and sees the activity taking place to clean out the weeds. He stated he enjoys the access of the Depot, the new picnic benches, and thinks Mound is using its parks quite well. Mr. Domholt stated that he also uses Swenson Park. Mr. Domholt stated his business is unusual in that one of its type never existed before. His business is to find resources to answer problems that exist. He stated that he has learned to do research and enjoys finding out who does have the answers. Casey asked Mr. Domholt if he has questions about the parks. Mr. Domholt stated that he does not know enough about the POSC jurisdiction or authority or how many parks are in the City of Mound. He stated that he can comment on his character, work ethic, and ability to solve problems. Mr. Domholt stated that he thinks communities need to raise their own community, for better or worse, versus trying to attract from other communities. Casey stated that one of the issues is the inadequacy of parks and open spaces in the City of Mound. He noted that there are differences of opinion regarding that issue. Mr. Domholt stated that he has traveled a lot and is impressed with the parks available in the State of Minnesota. However, in Mound there are no roller blading trails and due to the way the houses and businesses are constructed, there is not a lot of access to the lake. He stated that he is not sure about the ability to link areas with trails. Casey asked Mr. Domholt how he would like to see Mound changed. He noted the Comprehensive Plan process has been delayed until after the first of the year and the POSC will be involved to make recommendations on what should be included. Mr. Domholt stated that Mound has an incredible asset with the Lake but it is not being used since the town was built around the railroad instead of the lake. He commented on activity in Duluth to open the boardwalk area to pedestrians. He suggested featuring the lake with a boardwalk, ice cream shops, selling T-shirts, etc. to create an aquatic- based town with an East Coast theme. He stated that he is unsure about environmental issues with dredging but if it was possible to provide a waterfront, he believes that would be a great asset. Meyer asked what type of improvements he would like to see to the parks or park program. Mr. Domholt stated that he was raised near the band shell at Lake Harriet and has been involved in playing the clarinet for 25 years. He suggested creating feature 2 Mound Advisory Park and Open Space Commission October 8, 1998 events along the waterfront, beyond Mound Bay Park, that feature the ~vater as a background and incorporating a walking or picnic area with pathways, boat docks, shops facing the water, and pathways leading into the downtown area. He noted that other amenities can be offered along the waterfront such as gasoline, public bathrooms, refreshments, etc. Meyer thanked Mr. Domholt for his interest and attending the interview. Meyer then welcomed Christina Cooper to the interview and asked her to introduce herself and explain her interest in serving on the POSC. Ms. Cooper reviewed her background and stated she is trying to become more involved after realizing the importance of trying to make a difference. She stated her interest in becoming involved with the school as well as the City. Ms. Cooper commented that she has lived in different sized communities and seen what other communities have to offer their residents which Mound currently does not offer. Botko and Meyer asked Ms. Cooper what changes she'd like to see if money was not an object. Ms. Cooper stated she lives on the island and there is nowhere for children to ride bikes without out driving to a trail area. She stated the existing sidewalks are on shoreline or Tuxedo and not well maintained. She stated that this is a big issue for her. Also, it seems like some parks have new equipment while others have older equipment (Swenson Park) and in need of updating. She stated that she would like this to change. Casey explained that the comprehensive planning process, which will start in January, will provide the POSC with an opportunity to provide input into that 20-year plan. He asked Ms. Cooper what she would do if able to make changes to the parks and open space within Mound. Ms. Cooper stated that she is unsure of the extent of authority for the POSC. She stated that she has not thought much beyond the park issues she mentioned. She stated that her biggest concern is what is available for the City's children and wondered about the possibility a BMX track. Ms. Cooper stated she has not yet decided her stand on wetland issues with regard to dredging activities. Meyer thanked Ms. Cooper for attending the interview and turned the discussion to the members. Weycker noted the POSC used to be a larger membership and it seems odd that the membership would equal six. She commented that nine members seems quite large but seven would eliminate a tied vote situation. Botko agreed and noted that an additional member would also result in more input and ideas. 3 Mound Advisory Park and Open Space Commission October 8, 1998 Meyer concurred and pointed out that the POSC is involved in more projects which would be easier to accomplish with a larger membership. Weycker noted that the candidates present two totally different perspectives (neighborhood children issues / larger community and business opportunities). Botko concurred and commented on the irnpor~ance of both. Casey stated he is not as interested in becoming a booster of commercial enterprises and commented on the importance of conservation. Meyer stated that while this may be the case, there is a need for pathways, common areas, etc. Casey noted the point of preserving natural resources is also vital and Mound is not short of people, with a population of almost 10,000, so business will thrive if residents shop in Mound. Weycker noted the POSC could consider a recommendation to the Council to increase the membership to seven and appointment of both applicants. She suggested that the two applicants be prioritized just in case the Council does not agree to increase the membership to seven. Meyer read proposed Resolution 92-136 detailing the process to be followed. Meyer requested that a paper ballot be cast. Upon collection and counting of the paper ballots, it was declared that Christina Cooper would be recommended for appointment. Motion made by Weycker, seconded by Casey, to recommend to the City Council that the membership of the Park and Open Space Commission be increased to seven and make appointment of both applicants or, if the membership is not increased, to appoint Christina Cooper. Motion carried unanimously. 4 +~124721512 LKD INC/NPC INC 989 PO1 FEB 24 '98 17:1S Februa~j 24, 1998 Edward Shukle, Jr. Mound City Manager 5341 Maywood Road Mound, MN 55364 FAX.TRANSMITTAL # of Paaes . CO:~ ~,,~ ,- fl _NAT'L POWER CHAIR DEPT. FAX~_ Y-.~_~--'~(0Z,o FAX~ (612)472-15~2 COMMENTS Dear Mr. Shukle, It has come to my attention that a position has opened up on the Mound Park and Open Space Commission. I would like to apply for the job. I have lived in Mound for twelve years as well run my business (National Power Chair) here for the past eight years. My duties are consigned more and more to the talents of competent managers, which leaves me with a certain amount of time to devote to other interests. Perhaps years of "problem solving' experiences could be a benefit to the committee. Please consider me in your search for a suitable member. :' ~on~an Dom"h~it" President NATIONAL POWER CHAIR Home phone: 472-3806 Work phone: 472-1511 2642 Commerce Bivd, I P.O. Box 118 / Mouncl, MN 55364-0118 800,444.3528 / 612.472,1511 / fax612.472.1512 ! npc@bltstreorn,net ' F.,CEIVEO OCT-- 1 Christina Cooper 4731 manchester rd.mound 472-5009 C Dear Mr. Shukle I am writing in regards to the vacancy on the Parks & Open Spaces Commission advertised in the Laker. I have resided in Mound since February. 1996. My husband has been a resident for 24 years. We have 3 children and plan to raise them here in Mound. I feel that I have an obligation and responsibili~ to myself, my family, and the residents of Mound to maintain and provide the quali~ of .marks and open areas around Mound that we all expect and deserve. I have lived in many types of communities, from a large ciW like Minneapolis, where I ~ew up, to small towns like New Ulm, Chaska, and now Mound. I feel that this ~ves me an advantage to see beyond what Mound has been in the past and to see what it could be in the future for current residents and those who visit our community.. [ am currently employed at Woodhill Countw Club as a Banquet Server and [art time as a childcare provider at LifeTime Fitness Center in Plymouth. I am also a 1998 ~aduate of Hennepin Technical College in Eden Prairie in the Architectural Drafting Pro_re'am. Though I am fairly new to Mound I have recently felt passionate about becoming involved with my communi~, through the schools, both Shirley Hills and Grandview, MoundWestonka Hockey Association for which my son plays. And the Westonka Healthy Community. Collaborative. I feel working with the Parks & Open Spaces Commission would be a wonderful opportunity to become more involved and hopefully make a difference in my community. Sincerely, October 27, 1998 RESOLUTION #98- RESOLUTION TO APPROVE A PUBLIC LANDS MAINTENANCE PERMIT FOR MARILYN BRYNES AT 2851 CAMBRIDGE LANE LOT 10, BLOCK 38, WYCHWOOD DOCK SITE # 51735 WHEREAS, the applicant, Marilyn Brynes, is seeking a Public Lands Maintenance Permit to replace the shrubs including a five year permit for the balance of improvements as noted in the previously adopted resolutions//93-87 and//78-209; and, WHEREAS, the subject property is on Brighton Commons and abuts 2851 Cambridge Lane, Block 38, Lot 10, Wychwood; 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 Dock and Commons Commission reviewed this request and unanimously recommend approval; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Construction on Public Lands Permit to replant shrubs on Brighton Common, including a five year renewal for the balance of the improvements. This permit will be subject to the fees as noted in City Code Section 320:05,Subd. 4 as approved by the City Council on August 11, 1998. The foregoing resolution was moved by Councilmember Councilmember and The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk DOCK & COMMONS ADVISORY COMMISSION MINUTES - OCTOBER 15, 1998 PUBLIC LAND PERMIT Fackler stated staff recommends approval of the request from Marilyn Byrnes, 2851 Cambridge Lane for renewal of the previous Construction on Public Lands Permit granted by Resolutions #93-87 and #78-209 in order to replace shrubs including a five- year permit for the balance of the improvements as noted in the previously adopted resolutions. Motion made by Hopkins, seconded by Funk, to recommend approval of the Construction on Public Lands Permit for Robert and Marilyn Byrnes, owners of 2851 Cambridge Lane, Lot 10, Bock 38, Wychwood, to replant shrubs on Brighton Common, including a five-year renewal for the balance of the improvements. Motion carried unanimously. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 STAFF REPORT DATE: October 8, 1998 MEETING DATES: October 15,1998 Dock and Commons Commission (D&C) October 27, 1998 City Council TO: Dock and Commons Commission, City Council, and Applicant FROM: Jon Sutherland, Building Official ~ APPLICANT: Marilyn Byrnes, 2851 Cambridge Lane LOCATION: DOCK SITE #51735, BRIGHTON COMMONS SUBJECT: RENEWAL OF PUBLIC LANDS PERMIT APPLICATION TO REPLACE SHRUBS. Background and Comments The applicant, Marilyn Byrnes, is seeking to renew the previous Construction on Public Lands Permits granted by Resolutions #93-87, and #78- 209 as described in the attached application in order to replace shrubs. Recommendation. Staff recommends the Dock &Commons Commission recommend approval of a Permit to allow the replanting of shrubs, and this approval will include a five (5) year permit for the balance of the improvements as noted in the previous resolutions. JS:kl printed on recycled paper PUBLIC LAND PERMIT APPLICATION CITY OF MOUND, 5341 Maywood Road,._~Mo~n.~dA MN Phone: 472-0600, Fax: ~/z-uo~-u 55364 ~DISTRIBUTTON: DIUECTOR PARK MEETING DATE CITY COUNCIL DATE lcheckl°ne) :.CoNsTRUCTION ON PUBLIC LAND PERMIT - new construction. C NOTE: NO PERMIT I ,_1 SHALL BE ISSUED FOR CONSTRUCTION OF BOAT HOUSES OR OTHER BUILDINGS ON PUBLIC LAND (City Code Section 320, Subd. 1). I--I PUBLIC ~ ~I~E~%/~CE PEP.~T - to allow repairs to an existing structure (City Code Section 320, Subd. 3). t 'l CONTII~ATION OF STRUCTUI~E - to allow an existing improvement to remain in ! ~ an "as is" condition (City Code Section 320, Subd. 3). I~ L~_ND ]%LTER~TION- change in shoreline, drainage, slope, trees, vegetation, fill, etc. (City Code Section 320, Subd. 4). The structure 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 i~ the future have to be removed from the public lands. Ail 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 permit is applied for due to change in dock site holder. I Applicant Name ~ ~J~ ~ .~~. _ Address ~$ S ~ ~%/,~~- " Phone (home) ~q=- JG%~ ,,. (work) Abutting Address ProDerty Owner Legal Lot Block Description Subd. Public Name Property Dock Site # Shoreline Type Contractor Name ~ ~c ~ %- ~ ~ ~ c~F ~ Address ~ iS ~ ~A C%^~ ~-- Phone ~L -q ~ ~ VALUATION/PROPOSED COST OF PROJECT (INCLUDING LABOR & MATERIALS) DESCRIBE REQUEST & PURPOSE: ~~- Signatuye of Applicant Date "1123 191 1993 June 22, RESOLUTION ~93-87 RESOLUTION TO APPROVE A CONSTRUCTION ON PUBLIC LANDS PERMIT TO REPLACE AN EXISTING STAIRWAY ON BRIGHTON COMMON ABUTTING 2851 CAMBRIDGE LANE, LOT 10v BLOCK 38, WYCHWOOD FOR 5 YEAR~ RENEWABLE DOCK BITE ~5173S M--'' _ WHEREA~, the ~w~ers of 2851 Cambridge Lane Robe urllyn ~yrnes, Rave a~ ~ ~ ......... ' rt and Perm _~1~ ~ .~ ~ons~ruc~lon on Public it to re lace the Lands P ex~stin stai · ....... . . g rway located on Brighton Common abutting their property, an~; 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 existing Resolution #78-209, and; stairway was approved by WHEREAS, there are existing timber retaining walls on the adjacent 15 foot right-of-way, and permission was granted by the Parks Director on August 24, 1984 for this work, and; WHEREAB, the fence on Brighton Common belongs to the adjacent property at 2845 Cambridge Lane, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: 1. To approve a Construction on Public Lands Permit for Robert and Marilyn Byrnes, owners of 2851 Cambridge Lane, Lot 10, Block 38, Wychwood, to replace an existing stairway on Brighton Common, upon the following conditions: A. The stairway be constructed to code as approved by the Building Official. Be Ce The series of timber retaining walls on the 15 foot right-of-way be allowed to remain subject to the owners acknowledging that they constructed these walls and are respon- sible for their maintenance. The permit shall expire five (5) years from the date of City Council approval. June 22, 1993 De If compliance to these conditions has not been achieved within one (1) year of date of approval of the permit, the applicant's dock license will not be issued until compliance has been achieved. The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Ahrens. The following voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. The following voted in the negp~.ive: none. ' Attest: city Clerk Gl: 2,2 Councilmember Fenstad moved the following resolution, RESOLUTION NO, ?8-209 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND 6RANT MAINTENANCE PERMIT FOR UP TO 5 YEARS & RENEWABLE WHEREAS, it is necessary for property owners abutting Commons in the City to obtain Maintenance Permits for any personal property or fixtures on said Commons, and WHEREAS, owner abutting Brighton Commons has requested maintenance permit for a terrace, previously constructed and maintained. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND MOUND, MINNESOTA: , That Council concurs with the Park Commission and authorizes that a Maintenance Permit be granted to Robert Byrnes, abutting Brighton Commons, for his terrace for a period of up to five (5) years and thereafter renewable. Owner of property to be Robert Byrnes The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Polston and upon vote being taken thereon, the following voted in favor thereof: Fenstad, Lovaasen, Polston, Swenson and Withhart, the follow- ing voted against the same: none, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested to by the Acting City Clerk. At t: A~cing C|-ty-Clerk C GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments TOTAL REVENUE FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCK FUND CITY OF MOUND BUDGET REVENUE REPORT Sep~mber1998 September YTD BUDGET REVENUE REVENUE 1,271,520 0 638,479 4,780 10 4,153 105,300 5,954 90,448 950,850 74,061 565,895 50,650 847 9,732 85,000 4,652 59,759 71,000 252 28,939 43,500 0 0 194.350 1,488 10,402 VARIANCE (633,041) (627) (14,852) (384,955) (40,918) (25,241) (42,061) (43,500) (183,948} 628,813 1,407.807 (1.369.143) 360,220 27,700 304,372 (55,848) 118,920 5,821 98,036 (20,884) 1,530,000 141,502 1,235,182 (294,818) 451,000 39,744 322,496 (128,504) 924,000 75,594 749,229 (174,771) 5,100 1,150 6,500 1,400 77,300 30 73,674 (3,626) 75.00% PERCENT RECEIVED 50.21% 86.88% 85.90% 59.51% 19.21% 70.30% 40.76% 0.00% 5.35% 50.70% 84.5O% 82.44% 80.73% 71.51% 81.09% 127.45% 95.31% 1011311998 rev98 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT Sept. 1998 75.0O% GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets City Property Parks Summer Recreation Contingencies Transfers GENERAL FUND TOTAL Area Fire Service Fund Recycling Fund Liquor Fund Water Fund Sewer Fund Cemetery Fund Dock Fund Sept. 1998 YTD PERCENT VARIANCE P~ 71,610 12,738 62,172 9,438 86.82% 4,000 0 4,000 0 100.00% 3,000 0 4,222 (1,222) 140.73% 210,970 15,681 158,935 52,035 75.34% 13,200 3,622 5,687 7,513 43.08% 62,450 5 62,283 167 99.73% 172,710 10,161 140,411 32,299 81.30% 18,550 1,120 15,603 2,947 84.11% 86,460 10,938 78,061 8,399 90.29% 990,170 67,149 689,236 300,934 69.61% 4,250 2,069 5,378 (1,128) 126.54% 173,280 19,662 134,517 38,763 77.63% 420,820 40,732 335,100 85,720 79.63% 103,380 6,422 76,349 27,031 73.85% 192,380 15,279 166,403 25,977 86.50% 37,290 0 0 37,290 0.00% 45,000 1,372 38,153 6,847 84.78% 167.430 13.953 125.57:~ 41.857 ~ 674.867 360,220 29,099 215,085 145,135 59.71% 126,830 7,812 115,644 11,186 91.18% 215,200 18,330 163,725 51,475 76.08% 445,400 48,066 325,736 119,664 73.13% 981,020 90,870 794,324 186,696 80.97% 6,710 730 5,195 1,515 77.42% 76,660 8,131 82,195 (5,535) 107.22% Exp-98 10/13/1998 G.B. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION OCTOBER 8, 1998 Present were: Commissioners Peter Meyer, Bev Botko, Tom Casey, and City Council Representative Leah Weycker. Also present were Assistant City Planner Loren Gordon and Secretary Carla Wirth. The following interested citizens were also present: Norman Domholt and Christina Cooper. Absent was Commissioner Rita Pederson. Meyer called the meeting to order at 7:31 p.m. MINUTES Casey requested the following correction: Page 1, delete second paragraph under Review: Property. Request to Purchase Tax Forfeit Meyer requested the following corrections: Page 1, last sentence of third paragraph under Review: Request to Purchase Tax Forfeit Property, delete the words "Teal Point Development and." Page16, first paragraph, reword to indicate "Meyer stated his appreciation to fellow Commissioners and others for their help to repaint the deck at the Depot Mound Bay Park,. Motion made by Botko, seconded by Casey, to approve the minutes of the September 10, 1998 Park and Open Space Commission (POSC) meeting, as amended above. Motion carried unanimously. AGENDA CHANGES Meyer requested the addition of 3A, DISCUSS: STREET VACATIONS. Casey requested the addition of 7k), Minnesota Land Trust Meeting in Mound. INTERVIEW APPLICANTS FOR PARK AND OPEN SPACE VACANCY Meyer noted the letters of interest from Norman Domholt and Christina Cooper. He explained that a joint interview would be held with the Council invited to also attend. At the end of the interviews, the POSC will a vote on the application, votes tallied, and the recommendation forwarded to the City Council. Norman Domholt presented his background and stated he owns a business in Mound and also owns that commercial property. He stated that he enjoys the atmosphere in Mound, does all of his shopping locally, and feels warmly welcomed. Mr. Domholt stated that he has always been involved with outdoor activities and since his business has great managers, is able to devote some of his time to other efforts. Mr. Domholt Mound Advisory Park and Open Space Commission October 8, 1998 stated that he is very focused and interested in devoting time to the City of Mound by serving on the POSC. Weycker asked Mr. Domholt what he thinks of Mound's parks and what he would change, if possible. Mr. Domholt stated he lives next to Mound Bay Park and sees the activity taking place to clean out the weeds. He stated he enjoys the access of the Depot, the new picnic benches, and thinks Mound is using its parks quite well. Mr. Domholt stated that he also uses Swenson Park. Mr. Domholt stated his business is unusual in that one of its type never existed before. His business is to find resources to answer problems that exist. He stated that he has learned to do research and enjoys finding out who does have the answers. Casey asked Mr. Domholt if he has questions about the parks. Mr. Domholt stated that he does not know enough about the POSC jurisdiction or authority or how many parks are in the City of Mound. He stated that he can comment on his character, work ethic, and ability to solve problems. Mr. Domholt stated that he thinks communities need to raise their own community, for better or worse, versus trying to attract from other communities. Casey stated that one of the issues is the inadequacy of parks and open spaces in the City of Mound. He noted that there are differences of opinion regarding that issue. Mr. Domholt stated that he has traveled a lot and is impressed with the parks available in the State of Minnesota. However, in Mound there are no roller blading treils and due to the way the houses and businesses are constructed, there is not a lot of access to the lake. He stated that he is not sure about the ability to link areas with trails. Casey asked Mr. Domholt how he would like to see Mound changed. He noted the Comprehensive Plan process has been delayed until after the first of the year and the POSC will be involved to make recommendations on what should be included. Mr. Domholt stated that Mound has an incredible asset with the Lake but it is not being used since the town was built around the reilroad instead of the lake. He commented on activity in Duluth to open the boardwalk area to pedestrians. He suggested featuring the lake with a boardwalk, ice cream shops, selling T-shirts, etc. to create an aquatic- based town with an East Coast theme. He stated that he is unsure about environmental issues with dredging but if it was possible to provide a waterfront, he believes that would be a great asset. Meyer asked what type of improvements he would like to see to the parks or park program. Mr. Domholt stated that he was raised near the band shell at Lake Harriet and has been involved in playing the cladnet for 25 years. He suggested creating feature 2 Mound Advisory Park and Open Space Commission October 8, 1998 events along the waterfront, beyond Mound Bay Park, that feature the water as a background and incorporating a walking or picnic area with pathways, boat docks, shops facing the water, and pathways leading into the downtown area. He noted that other amenities can be offered along the waterfront such as gasoline, public bathrooms, refreshments, etc. Meyer thanked Mr. Domholt for his interest and attending the interview. Meyer then welcomed Christina Cooper to the interview and asked her to introduce herself and explain her interest in serving on the POSC. Ms. Cooper reviewed her background and stated she is trying to become more involved after realizing the importance of trying to make a difference. She stated her interest in becoming involved with the school as well as the City. Ms. Cooper commented that she has lived in different sized communities and seen what other communities have to offer their residents which Mound currently does not offer. Botko and Meyer asked Ms. Cooper what changes she'd like to see if money was not an object. Ms. Cooper stated she lives on the island and there is nowhere for children to ride bikes without out driving to a trail area. She stated the existing sidewalks are on shoreline or Tuxedo and not well maintained. She stated that this is a big issue for her. Also, it seems like some parks have new equipment while others have older equipment (Swenson Park) and in need of updating. She stated that she would like this to change. Casey explained that the comprehensive planning process, which will start in January, will provide the POSC with an opportunity to provide input into that 20-year plan. He asked Ms. Cooper what she would do if able to make changes to the parks and open space within Mound. Ms. Cooper stated that she is unsure of the extent of authority for the POSC. She stated that she has not thought much beyond the park issues she mentioned. She stated that her biggest concern is what is available for the City's children and wondered about the possibility a BMX track. Ms. Cooper stated she has not yet decided her stand on wetland issues with regard to dredging activities. Meyer thanked Ms. Cooper for attending the interview and turned the discussion to the members. Weycker noted the POSC used to be a larger membership and it seems odd that the membership would equal six. She commented that nine members seems quite large but seven would eliminate a tied vote situation. Botko agreed and noted that an additional member would also result in more input and ideas. 3 Mound Advisory Park and Open Space Commission October 8, 1998 Meyer concurred and pointed out that the POSC is involved in more projects which would be easier to accomplish with a larger membership. Weycker noted that the candidates present two totally different perspectives (neighborhood children issues / larger community and business opportunities). Botko concurred and commented on the importance of both. Casey stated he is not as interested in becoming a booster of commercial enterprises and commented on the importance of conservation. Meyer stated that while this may be the case, there is a need for pathways, common areas, etc. Casey noted the point of preserving natural resources is also vital and Mound is not short of people, with a population of almost 10,000, so business will thrive if residents shop in Mound. Weycker noted the POSC could consider a recommendation to the Council to increase the membership to seven and appointment of both applicants. She suggested that the two applicants be prioritized just in case the Council does not agree to increase the membership to seven. Meyer read proposed Resolution 92-136 detailing the process to be followed. Meyer requested that a paper ballot be cast. Upon collection and counting of the paper ballots, it was declared that Christina Cooper would be recommended for appointment. Motion made by Weycker, seconded by Casey, to recommend to the City Council that the membership of the Park and Open Space Commission be increased to seven and make appointment of both applicants or, if the membership is not increased, to appoint Christina Cooper. Motion carried unanimously. DISCUSS: REQUEST FOR STREET VACATION Mr. Gordon explained that essentially he will take input on this issue from staff, the City Planner, Building Official, City Engineer, and Street Superintendent, as well as the Planning Commission, POSC, and the Docks and Commons Commission. This input will be summarized into an updated report which will be forwarded to the Council and present recommendations on what should be done with these streets. Mr. Gordon stated that based on all of the information submitted and provided they will make the best recommendation possible as to what to do with the street vacation. Mr. Gordon presented a site plan of the Seton Bluff development and explained that as part of the approval process and permitting of a multiple dock site, a question was raised if Longford Road should be part of the City's street inventory or if it is a candidate for vacation. The Council directed staff to look at Longford Road from the Black Lake 4 Mound Advisory Park and Open Space Commission October 8, 1998 C Commons area to Kings Lane and potion of Kildare Road where the cul-de-sac exists to determine the issues and if it should be vacated, Mr, Gordon stated the Planning Commission raised several issues they wanted more input on. He advised that the issue boils down to the reason these streets should be vacated (no need for a street) or if the City should consider giving up some type of public access along the streets and lake access. Mr. Gordon presented a map showing an aerial view which was overlaid by the plat/road map. He pointed out the site for the Seton Bluff development, wetland areas which are owned by the City of Mound, and roadway alignments. Casey noted an additional area of property along Kildare Road (north one-half of lots) which is owned by the City of Mound. Mr. Gordon reviewed several points of access to the City-owned wetland property. If Kings Lane is vacated, the only access would be from the west. He noted the lots owned by the Seton Bluff Homeowners Association and the two lots under different private ownership. He explained that if Longford Road is vacated, those two privately- owned lots would not have public access. To resolve this issue, the lots could be sold to the Seton Bluff developer. If that were not possible, public access through easements would have to be provided to afford access. Otherwise there may be grounds for a taking. Mr. Gordon noted the property owned by Mr. Lager(sp?) which extends from Carlow Road to the channel. If the roadways were vacated, he would be provided with a contiguous parcel. Mr. Gordon requested input from the POSC. Meyer asked what the Fine Line Design Group would gain by a street vacation. Mr. Gordon explained that currently they are requesting a multiple dock site for the development with access from two sets of stairways. If Longford Road is vacated, they would consider six riparian lots which could each have its own dock site. Casey asked if this would mean dredging through the cattails for each of those docks. Mr. Gordon explained they can have up to 100 feet of dock length but that still does not provide enough water depth (only two feet when four feet is needed). He explained that the LMCD has indicated that a dredging permit may not be an option. Meyer noted that a multiple dock permit is being requested. However if the road is vacated, six riparian lots can be created each with their own docks. Casey stated the impact will be greater from six riparian lots, each dredging through the wetland. Mr. Gordon noted the location of the top of the bluff and ordinary high water line (OHWL). He explained that due to the existing conditions, the Longford Road alignment is under water and would probably never be constructed to City standards. He advised of their research on natural preservation, no mow zones, etc. The question was raised about how to address stairways. Due to the fifty foot lot width and need for a fifty foot separation between docks, the structures would be limited to stairways only. 5 133 Mound Advisory Park and Open Space Commission October 8, 1998 Mr. Gordon advised that the City Engineer has recommended there is no need for Longford Road or Kings Lane or this section of Kildare Road as a City street with utilities. The City Engineer recommends if the vacation is approved, to also vacate the easement stubs north of Longford Road on Kings Lane and Cary Lane. Also, it is recommended that the corner intersection of Kings Lane and Kildare Road not be vacated to assure access is provided through that intersection. Casey asked about land locking the property in the northeast corner. Mr. Gordon advised the lots in question are held in common ownership and extend from Kildare Road to the channel. Casey asked if this would create a 't'lag" lot. Mr. Gordon agreed it would be of an unusual configuration. Weycker noted the intent from Steven Behnke of Fine Line Design Group. Mr. Gordon stated the information received from Council's directive was to look at the vacation for the length from Black Lake Commons to Kings Lane. Weycker explained that the Council's reason to consider this is the City will be installing a multiple City dock and if there is no access, why regulate it. She asked if there is any pubic access to this area. Mr. Gordon explained that the Kings Lane right-of-way could be used to create a trail to the public property, which may be a good reason to keep it. Weycker asked if the lake level in this area is constant. Mr. Gordon stated he does not know. Meyer stated he understands the lake level is currently lower than normal. Weycker inquired regarding the footage, Mr. Gordon stated it is 440 feet for the development which incudes the full development frontage, if it were to be vacated, which would accommodate six docks. Weycker stated she believes it is an advantage to add that footage and if the boat storage units (BSU) could be added to the dock program she would not want to approve vacation. Meyer read Section 255:20 of the City Code which details what the City is to strive for in providing an unpolluted environment, access to lakes and streams, and parks which afford natural beauty as well as recreational enjoyment. Casey asked if the street area is considered in the shoreline calculations for BSUs. Weycker guessed that the OHWL is used. Casey noted that to consider a vacation, a public interest must be served. He stated that he has not seen this criteria met unless the consideration is to raise the value of the property for the developer. He noted that to not vacate allows the City more control to assure the bluff is preserved, the number of docks best fits the best design, and to maintain access points that may be valuable in the future. Weycker stated that when this was originally considered, it was clear there was no public access but now it is learned that Kings Lane does provide that access. 6 Mound Advisory Park and Open Space Commission October 8, 1998 C Meyer inquired regarding the ponding facility for Seton Bluff. Mr. Gordon noted the alignment of Kildare Road, driveways, and the drainage pond. He advised of the issues involving retaining walls and providing access to the public right-of-way. The City Engineer suggests pushing the ponding onto the roadways and to reduce the impacts from taller retaining walls or closeness to the house. Casey asked if the POSC is to maximize the developer's profit by allowing the ability to construct a larger house on a small lot. Mr. Gordon noted the setback issues with Lot 7 to place the house and garage on the bluff area. Casey noted that this development area has been scraped off and trees removed. He asked if there would be remediation considering what has taken place regarding removal of trees. Mr. Gordon agreed this has been a complicated process in working with the developer. Casey asked if replacement of trees will be required as part of the approvals given. Mr Gordon stated that he does not think that option has been addressed. Motion by Weycker, seconded Casey, to recommend denial of the vacation request of Longford Road, Kings Lane, and Kildare Road based on the finding that public access is still possible and it may be necessary; the storm water pond should be remedied on the developer's property; Kings Lane is a continued access to that area; there has been no finding or evidence to show the vacation is in the public's interest as required by the State Statutes; and the vacation would not comply with City Code Section 255:20 indicating the public policy of the City of Mound which is to strive to: a) present and future residents of the City an unpolluted environment; b) provide access to lakes and streams in the community; and c) provide parks which afford natural beauty as well as recreational enjoyment. Meyer stated he believes this will provide a better situation than seven docks and uncertainty about what will happen with the bluff area. Motion carried unanimously. Casey requested an opportunity to discuss the Comprehensive Plan process. The POSC agreed to comply with this request. DISCUSS: COMPREHENSIVE PLAN PROCESS Meyer reported that there is a timeline for the City of Mound to adopt the revised Comprehensive Plan and a process for the public to provide input on their vision of Mound. The POSC is only concerned about the park and recreation component which was to be discussed tonight with a presentation from staff. However, since the timeline has been pushed back this will be presented to the POSC at the November meeting. Mr. Gordon advised that Mark Koegler, Hoisington Koegler Group, Inc., will be meeting with the POSC to provide an update on the issues involved with this Comprehensive Plan 7 Mound Advisory Park and Open Space Commission October 8, 1998 update in terms of the process and some of the requirements of the Metropolitan Council. He will also solicit input on initial issues the POSC sees fit to include in the Comprehensive Plan. Mr. Gordon advised that the process has not been "kicked-off" and the adoption will not be until some time in 1999. Casey noted the previous POSC motion to recommend that public visioning meetings be held up front, at the beginning of the process. Mr. Gordon stated this is part of their contract and he thinks that will happen. DISCUSS: SKATING RINK Meyer stated that he has no information to hand out regarding the community skating rink but has talked to Tim Piepkorn, head of Community Services, and met with Lori Ider(sp?) of the Hockey Association who is responsible for the outdoor skating facilities. For the benefit of Ms. Cooper, Meyer reviewed the past research and work to have a community skating rink. He advised that this may be the last year a rink will be behind the Community Center since development will occur resulting in the need for the rink to be relocated. Meyer reviewed his efforts in this regard and stated he will continue to work hard on the public aspect and identify as many people as possible who would like to help on the supervision part of this project. He stated that he is thinking about composing a letter to the editor regarding this issue. Ms. Cooper stated the skating rink issue is important to her since she is involved with the hockey program. She stated that she does not understand why there isn't a community dnk and asked if a rink on the lake has been considered. Meyer stated this issue has been discussed but staff has indicated there is a problem trying to keep snowmobiles off the rink (if located on the lake) and there is also more of a liability if taking City equipment onto the lake to plow. DISCUSS: OBTAINING TEAL POINT PARCELS THRU DONATIONS OR LAND TRUST Meyer explained that at the last meeting a resident, Michelle Berglund of 1538 Hanover Road, had asked to purchase City-owned land that is adjacent to her property. She requested to purchase this lot to assure it was not developed. However, adjacent to the City-owned lot is Teal Point development. The POSC recommended retaining ownership of the lot and researching the opportunity to get lots from Teal Point to join with it and create a larger passive park. He advised that the City, at the direction of the Council, is now in the process of selling part of the property to Ms. Berglund. Weycker advised that the Council talked about placing a conservation easement to assure it is not developed but the City Attorney recommended a covenant be place in that regard. Ms. Berglund agreed to a covenant so that is currently being drafted. 8 Mound Advisory Park and Open Space Commission October 8, 1998 Casey commented that to assure it is a perpetual conservation easement, the covenant needs to be drafted in accordance with State Statute 84C.01-.10. Weycker stated that she will relay this information to the Council. Casey suggested that the POSC request the opportunity to review that covenant document. He noted that Ms. Berglund wanted to assure there would be no public access. However, conservation easements can be quite flexible so it should be assured that Ms. Berglund's concerns are met. Weycker noted that Ms. Berglund will be required to cover all of the associated costs including legal fees. Motion by Casey, seconded by Meyer, that the POSC request the opportunity to review the conservation easement prior to Council adoption. Motion carried unanimously. Weycker advised that this document may not be returned to the Council for approval prior to conveyance. Motion by Casey, seconded by Botko, to withdraw the previous motion and recommend that the conservation easement be reviewed by the POSC before it is conveyed. Motion carried unanimously. DISCUSS: NOVEMBER POSC AGENDA Meyer requested additions to the November agenda of the Comprehensive Plan Update, Report from Tim Piepkorn on Skating Rink, and Swenson Park Ballfield Upgrade. Due to the late hour, consensus was reached to sign the Green Space thank you cards prior to the November meeting. FOR YOUR INFORMATION: a) b) c) d) e) f) g) h) i) i) k) City Council Minutes COW Minutes LMCD Information DCAC Minutes Monthly Events Calender Comprehensive Plan Update Thank you letter for Adopt-A-Green Space (REVISED) Park Publication Vacation of City Property Chester Park update Minnesota Land Trust Meeting 9 Mound Advisory Park and Open Space Commission October 8, 1998 Casey announced the Minnesota Land Trust meeting next Wednesday, October 14, starting at 7:00 p.m. He advised that an hour slide presentation will be made explaining what a land trust is and what conservation easements do. He noted this is a public meeting and all are invited. .REPORTS: a) City Council Representative Weycker advised that a moratorium was established to prohibit erecting any more antennas. The moratorium will provide an opportunity to amend the ordinance since it currently does not allow an antenna in any location within the City of Mound, which is against federal regulations. A brief discussion was held regarding the cdteria for citing a tower, co-location, and structural features. Casey questioned what type of permitting process will be required and suggested the POSC review the issues relating to towers if public lands are being considered for antenna sites. Weycker updated the POSC regarding plans for the Community Center. Casey requested a copy of the handout from the City Attorney related to the Al & Alma's situation. Weycker stated those residents did attend the Council meeting and the issue was rescheduled to November 10, 1998. The neighborhood will be notified of that meeting, as requested. Also, the Mayor requested that the neighborhood work with Al & Alma's, which is now occurring. Weycker explained that due to the CUP issue, the Planning Commission will also review it and provide a recommendation. Motion by Casey, seconded by Bot~o, to request a copy of City Attorney Dean's handout related to Al & Alma s. Motion carried unanimously. b) Park Director Fackler was not in attendance. ADJOURN Motion was made by Casey, seconded by Weycker, to adjourn the meeting at 10:07 p.m. Motion carried unanimously. 10 C CITY OF MOUND DOCK AND COMMONS ADVISORY COMMISSION OCTOBER 15, 1998 Present were: Chair Mark Goldberg, Commissioners Jim Funk and Dennis Hopkins, and Council Representative Mark Hanus. Also present were Park Director Jim Fackler, Dock Inspector Tom McCaffrey, City Planner Loren Gordon, and Secretary Carla Wirth. Those excused: Commissioner Frank Ahrens. Also in attendance were: Mayor Bob Polston, Councilmember Leah Weycker, John Kraayenbrink, and Tom Eikenberry. Goldberg called the meeting to order at 7:32 p.m. MINUTES Motion made by Funk, seconded by Hopkins, to approve the minutes of the September 17, 1998 DCAC meeting as presented. Motion carried unanimously. AGENDA CHANGES Fackler advised that one of the applicants did not qualify and recommended Agenda Item 11 be tabled to the November meeting. Agenda approved as revised. PUBLIC LAND PERMIT Fackler stated staff recommends approval of the request from Marilyn Byrnes, 2851 Cambridge Lane for renewal of the previous Construction on Public Lands Permit granted by Resolutions #93-87 and #78-209 in order to replace shrubs including a five- year permit for the balance of the improvements as noted in the previously adopted resolutions. Motion made by Hopkins, seconded by Funk, to recommend approval of the Construction on Public Lands Permit for Robert and Marilyn Byrnes, owners of 2851 Cambridge Lane, Lot 10, Bock 38, Wychwood, to replant shrubs on Brighton Common, including a five-year renewal for the balance of the improvements. Motion carried unanimously. VACATION OF CITY PROPERTY Loren Gordon, Hoisington Koegler Group, Inc., explained the DCAC is asked to review and make recommendation on the Longford Road, Kildare Road, and Kings Lane street vacation request because of implications the proposed street vacations could have on public use, dock issues, and lake access. He presented a map of the area and pointed out the location of the street easements under consideration. Gordon noted the location of the bluff line and areas which are currently under water which includes the road easement for Longford Road. The City Engineer and Streets Superintendent do not feel Mounds Dock and Commons Advisory Commission October 15, 1998 Longford Road, Kings Lane, or this portion of Kildare Road would ever be constructed as roadway so they recommend vacation except for the intersection of Kings Lake and Kildare Road to assure access. They also recommend vacating the stub easements of Kings Lane and Kerry Lane. Gordon noted the storm water retention ponding area which is needed for the development. He explained the topography did not match the developer's site plan so they needed to re-engineer their storm pond and found it would be better for them if they could push the pond area out onto the road right-of-way. Gordon explained that if the vacation is approved, the properties abutting the easements would receive that property. This would create riparian lots so each could get a dock. Gordon noted the location of the stairway and configuration of the common dock, if that alternate is used. The applicant has indicated it does not matter to him which scenario happens. Gordon stated the question to answer is whether the public's best interests would be served by the proposed vacation. Hanus explained he raised this issue at the Council level, that there may be an interest in vacating. He advised that a multiple dock was already approved for this area. It was noted that there would be either individual docks or a common dock, one or the other. Hanus stated the initial question was if it would do the program any good if more slips would be allowed than allowed by the Program or if more BSUs would be available for use elsewhere. He stated if this is reduced, there is less burden on the program for BSUs. Goldberg stated if the road easement is vacated, the BSUs would have to live within the LMCD guidelines for private property. Fackler stated this is correct and the docks would be one per fifty feet. Goldberg asked if this shoreline (440 feet) would stay within the program if it is vacated. Fackler stated it would not since it would be private property. He explained that if vacated the property owners would have to provide a survey to the LMCD and request a variance. Fackler stated the LMCD may provide a hardship for the length of the dock but probably not for the number of BSUs. He stated it may be to the property owner's benefit to form an association and go with a common dock. Hanus noted the need for a lot of record to have a riparian lot so the LMCD might insist on a multiple dock which the property owners may want anyway due to the lower cost. Hopkins stated it would be a positive if seven more people are paying into the Dock Program. He commented on the cost to the City for multiple docks and stated it would be positive for them to remain in the commons. He noted that this common dock would not be the City's responsibility since it would be owned by their homeowners association. Mounds Dock and Commons Advisory Commission October 15, 1998 C Goldberg inquired regarding the impact on the City's ability to install their own multiple dock and provide access for nonabutting boaters. Fackler stated it could still be done. Goldberg commented this area is a nice location since it does not involve abutters. Fackler stated this vacation action may set a precedent for other locations. Goldberg stated he thinks the precedent will not be an issue since the City wants to assure there is full access for the nonabutters and this does not impact that issue. Fackler noted it could be an impact since it will take some from the 590. Also, the City needs to show a hardship. Hanus stated these seven slips would use 350 feet and would contribute 244 feet of lakeshore so it is a benefit to the program. He noted this is a brand new consideration so the issues of benefit/negative can be fully addressed as well as the impact to the program. Hopkins suggested the City look for properties to use this program and increase contributors. Fackler stated an option is to vacate Kings Lane and Kildare Road but not Longford Road. Hanus asked if the developer wants to use part of the intersection. Gordon advised that they need some of that intersection area for their storage pond. Hanus noted that if the intersection is vacated, it would be divided into quadrants and be owned by the abutting property. Gordon stated this is correct but he understands that one of the property owners does not want the easement. Hanus stated staff is recommending that if it is vacated certain easements be retained. He asked if an easement would help the City relative to the DCAC if for walkways and pathways. Hopkins restated his support to allow the dock as part of the Dock Program. He stated he does not think these property owners would ever come to the City to request maintenance. Hopkins stated this would be beneficial by making money for the program. Hanus stated the seven docks will go in one way or the other, either through the City bank of BSUs or a private bank of BSUs. If from the City bank, there will be fewer BSUs to use elsewhere. He explained that as access to the lake becomes more valuable there will be more call in the future for the same type of arrangement. Funk agreed that if this property is vacated it would allow the property owner to deal with a multiple dock, water depth, and dock length. Fackler explained the property owner would be required to apply for all permits and variances. If they can show reasonable hardship relative to water depth and reeds, they may be able to get a variance based on hardship. Mounds Dock and Commons Advisory Commission October 15, 1998 Goldberg stated he is less concerned about giving up the vacation as long as it is not giving up the opportunity to put in a common dock. Fackler stated this is an area that could have a common dock but would probably not be at the top of the list. Hanus noted there is no access for anyone to go down there. Funk asked if the City would ever realistically look at this area for expansion. Hopkins stated he does not think so. Goldberg stated the benefit would be the funds received. Hopkins stated another benefit is that the City is not responsible for putting the dock in or out or for the maintenance. Goldberg stated there are two main issues: 1) the opportunity to collect $150 per year for each of the seven docks, and 2) a possible precedent setting. Hanus stated another impact is what it may do in the future if the property owners ask the City to handle maintenance of this dock. Hopkins suggested a restriction be added to their covenants to prevent that from occurring. Hopkins asked if there has been any other similar area that has come to the City expecting maintenance of their dock. Hanus stated they only have to ask to be treated the same as other multiples. He suggested that a legal opinion be obtained regarding this potential and asked how this dock would be categorized. Fackler stated a similar situation would be a dredge where the City has done a dredge in some areas with docks but has not done so where there are limited docks since it would not have been as great a benefit. He noted this is a precedent set as well as riprap activity which has been done in some areas but not others. Goldberg noted in this situation they are abutting property owners which is different than with other multiple docks. Funk suggested the decision be based on how it impacts the program today, if at all. He stated he would prefer to minimize City involvement. Hanus stated a way to resolve that would be to change the covenants and insist that they be responsible for the cost of the dock, the dock installation, dock removal, and all maintenance which needs to be to City standards plus they need to pay the fee to the program. Hanus stated the only purpose for the public property would be to receive the annual fee. He stated this is a "draw" on BSUs of the program but a negative in respect to future growth of the program. Fackler reviewed a section of the City Code regarding removal of docks as contained in Section 437:00, Subd. 5. and stated the City has the ability to remove the license and assess the cost if the dock is not maintained to City standards. 4 Mounds Dock and Commons Advisory Commission October 15, 1998 Hopkins stated it woUld not serve the public good to give away this land. Funk stated he leans toward supporting the vacation. Goldberg stated he can see both sides of the issue. Gordon explained the recommendations of staff, the Planning Commission, POSC, and DCAC will be presented to the Council. Motion made by Funk, seconded by Hanus, to recommend approval of the street vacation of Longford Road, Kildare Road, and Kings Lane. 2 ayes (Funk and Hanus), I nay (Hopkins), 1 abstain (Goldberg). Motion carried. Hopkins indicated he voted against because of the loss of income to the Dock Program and he does not believe the City would ever be asked for maintenance. DISCUSS: NEW LOCATION FOR MULTIPLE SLIP DOCKS AND EVALUATION OF EXISTING John Kraayenbrink, 4768 Tuxedo Boulevard, stated he would like the docks to go in earlier and come out later (mid-October) and to be extended into the lake several sections farther to prevent the boat from digging up dirt. He feels adding two more dock sections would help. Mr. Kraayenbrink stated due to the storm drain location, the water is only about one and one-half feet deep six feet from the "L" section of the dock. Fackler stated he does not think this dock is out 100 feet but the length is consistent with the docks on either side. McCaffrey noted his boat may be more impacted due to the slip location on the dock. Mr. Kraayenbrink stated this is correct. Goldberg suggested Mr. Kraayenbrink's boat be moved down several slips. Hanus noted that to relocate Mr. Kraayenbrink's boat may just shuffle the problem to someone else. Hopkins commented that the lake is lower now than it has been in several years. Mr. Kraayenbrink advised that the abutting property owners expressed no problems and appear to support the docks. Consensus was reached to extend this dock length by several sections next spring. DISCUSS: DOCK LOCATION MAP McCaffrey reviewed the recommendation for dock additions, subtractions, and changes as detailed in his October 8, 1998 memorandum. He advised that some docks have been vacated for years due to their location. Goldberg inquired regarding the #32750 dock slip. McCaffrey explained this new dock site was approved in June and this is just a housekeeping issue to adjust the numbers based on the new location. 5 Mounds Dock and Commons Advisory Commission October 15, 1998 Hanus asked about the Mark Smith property and if the dock was moved. Fackler stated nothing has been done yet, all the numbers remain the same with the idea to resolve it over the winter. Hopkins asked if any of these sites are good enough for a new dock location. McCaffrey stated this is basically a housekeeping situation and if they were issuable, they would be issued. Motion made by Goldberg, seconded by Funk, to recommend approval of the dock additions, subtractions, and changes as detailed in the October 8, 1998 memorandum from Tom McCaffrey. Motion carried unanimously. DISCUSS: LMCD RULE ON SETBACKS Informational; no action required. DISCUSS: REVISED 1999 DOCK APPLICATION FORM£ Fackler presented the 1999 Dock Application Form as revised based on the discussion from the September meeting. Goldberg asked if the lottery situation was addressed. Fackler stated that issue was sent to the City Attorney for an opinion. Hanus advised staff of several areas that were not propedy updated. plSCUSS: 1999 BUDGET & CAPITAL OUTLAY REQUEST Fackler presented the 1999 Budget and Capital Outlay requests as detailed in his Staff report. Due to the late hour and absence of Frank Ahrens, Goldberg asked that this issue be addressed at the next meeting. This item was tabled to the November 19, 1998 meeting. DISCUSS: NOVEMBER DCAC AGENDA Goldberg requested the addition of discussion of personal watercraft and multiple docks, end of year satisfaction survey and solicitation of input, discussion of additional multiple dock sites to accommodate more non-abutting properties, and discussion of Pembroke Park. REVIEW: APPLICATION FOR DCAC VACANCY This item was tabled upon adoption of the Agenda. FOR YOUR INFORMATION: 1, sm ,,s; Mounds Dock and Commons Advisory Commission October 15, 1998 A) LMCD Information B) POSC Minutes C) City Council Meeting D) Committee of the Whole Minutes (was not a September meeting) Monthly Event Calendar Correction of June 18, 1998 Minutes REPORTS: a) b) c) City Council Representative Park Director Dock Inspector No reports were given. ADJOURN Motion was made by Goldberg, seconded by Hopkins, to adjourn the meeting at 9:23 p.m. Motion carried unanimously. 7 .4ssociatio. n of Pietropol £an Plunicipali£ies DATE: TO: FROM: RE: October 13, 1998 AMM City Officials AMMStaff Draft 1999 AMM Policies & Policy Priorities List Please review the enclosed draft of the AMM's 1999 Legislative Policies. The full membership will have the oppommity to debate and adopt the policies at the Policy Adoption Meeting scheduled for Thursday, November 12, 1998 at the Sheraton Midway Hotel. Also, please review the Committee Policy Priorities List on the back of this memo and number your topfive priorities. You may bring your priorities to the Policy Adoption Meeting or fax (651-281-1299) your responses to the AMM office. Thank you for your assistance. Your participation is important and will help determine how staff time and resources will be allocated during the 1999 Legislative Session. SPECIAL NOTE The ~IMM Metropolitan Agencies Committee has drafted a Metropolitan Governance Report which contains principles and legislative actions related to the Metropolitan Council. This report, along with an invitation to the Policy Adoption Meeting, will be mailed to you later this week The membership will debate and ~.dopt this special governance report at the policy meeting. C/p65/poldoc/bullctin/polbul199.pm6 145 University Avenue West Saint Paul, Minnesota 55103-2044 Telephone: (651) 215-4000 Fax: (651) 281-1299 E-maih amm@amm 145. org '1999 AMM COMMITTEE POLICY PRIORITIES Please renew the following list of priorities submitted by the AMM's four standing committees and indicate the top five priority policies you think the .4MM should spend much of its time and resources on during the I999 £egislati~e Session. (1 = highest priority; 5 = lowest priority) I-A I-E I4 I-J' I-L II-E II-F ITI-C m-D 1TI-G ,, III-H ITM IV V-A V-B V-G Levy Limits (Revenue) Sales Tax on Local Government Purchases (Revenue) Personal Property Taxation: Electric Utility (Revenue) Revenue Diversification (Revenue) Limited Market Value (Revenue) 911 Telephone Tax (General Legislation) 800 MHz Radio System (General Legislation) Housing Preservation (Housing & Econ. Dev.) Minnesota Housing Finance Agency Appropriation (Housing & Econ. Dev.) Tax Increment Finance (Housing & Econ. Dev.) Property Tax Reform Impact on TIF (Housing & Econ. Dev.) Development Tools (Housing & Econ. Dev.) Metropolitan Governance Report (Metropolitan Agencies) Transportation Funding (Transportation) Regional Transit System (Transportation) Motion Imaging Recording System: Traffic Law Compliance (Transportation) . Others: Please bring your responses to the November 12, 1998 Policy.4doption Meeting. You may also Mail (145 University Avenue ~, St. Paul, MN 55103) or Fax (651-281-1299) your responses. If you have questions, call Roger Peterson at 651-215-4000. ~ ~ 7 1999 AMM Legislative Policies Associa~on of Metropo~tan Municipah'~'es 145 University Ave. W. · St. Paul, Minnesota 55103-2044 Phone: (651] 215-4000 · Fax: (651J 281-1299 · £-~nail: atnm~anttn145.org Table of Contents Municipal Revenue & Taxation (i) Lev~ [j_m~ts (I-A) Local Government Aid (I-B) Homestead & Agricultural Credit Aid Tax Exempt Property (I-D) Sales Tax on Local Government Purchases (I-E) Local Performance Aid (I-F) Price of Government (I-G) Fiscal Disparity Fund Distribution (I-H) Personal Property Taxation: Electric Utility (I-I) Revenue Diversification (I-J) Class Rate Tax System (I-K) Limited Market Value (I-L) Funding Shifts (I-N0 City Revenue Stability & Fund Balance (I-N) General Legislation (11) Mandates & Local Authority (II-A) Public Right-of-Way (II-B) County Plat Approval Authority (II-C) Police & Fire Prevention Provisions (II-D) 1 1 1 1 2 2 2 2 2 3 3 3 3 4 5 5 5 5 1999 Legislation Policies q/ ~able of Contents 911 Telephone Tax (II-E) 800 MHz Radio System (II-F) Permit Approval: Zoning (II-G) Witness Fee Costs (II-H) Urban Reforestation (II-I) Elections: Alley System Authority (II-J) Housing & Economic Development (Ill) Livable Communities Act (III-A) State Housing Policy (III-B) Housing Preservation (III-C) Minnesota Housing Finance Agency Appropriation (IH-D) Family & Elderly Housing (III-E) Economic Development Responsibilities (IH-F) Tax Increment Financing (III-G) Property Tax Reform Impact on TIF (IH-H) Development Tools (III-I) Welfare Reform/Workforce Readiness (IH-J) .... Business Subsidy (III-K) Building Permit Fee Surcharge (IH-L) Group Homes (III-M) Metropolitan Agencies (IV) Introduction: Metropolitan Governance Stmct~tre Metropolitan Council Principles (Tv-A) Purpose of Metropolitan Governance (IV-B) 6 6 6 7 7 7 9 10 10 11 11 12 12 14 15 15 16 17 17 19 20 20 1999 Legislative Policies Table of Contents C Criteria for Extension of Metropolitan Governance Authority (IV-C) Restructuring of Metropolitan Agencies (IV-D) Regionally Provided Services: Funding (IV-E) Coordination of Local & Regional Plans (IV-F) Metropolitan Council Focus on Planning (IV-G) Growth Management Strategy (IV-H) Local Plan Implementation (IV-I) Budget Process & Work Program Evaluation (IV-J) Parks & Open Space: Operation & Maintenance Capital Funding (IV-K) Surface & Groundwater Water Management (W-L) Water Supply (W-M) Regional Wastewater (Sewer) Treatment System Waste Stream Management (W-O) Transportation (V) Transportation Funding (V-A) Regional Transit System (V-B) Transportation Incentives & Disincentives (V-C) Transportation Utility (V-D) Highway Tumbacks & Funding (V-E) '3C' Transportation Planning Process: Elected Officials Role (V-F) Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (V-G) Airport Noise Mitigation (V-H) Road Access Charge (V-I) 20 21 21 25 25 26 26 27 29 29 30 30 30 31 31 31 32 1999 Legislative Policies iii Table of Contents Committee Rosters (VI) 1998-99 Housing & Economic Development Committee 1998-99 Metropolit~m Agendes Committee 1998-99 Municipal Revenue & Taxation Committee 1998-99 Transportation & General Government Committee 33 34 35 36 1999 Legislative Policies unicipal Revenue & Taxation Levy Limits (I-A) The AMM strongly opposes levy limits and urges the legislature to not re-enact them for 2000 or beyond. The AM]VI also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, super majority requirements for levy, or other limitations to the local government budget and taxing process. Local Government Aid (I-B) Local Government Aid (LGA) is a necessary, state-raised resource to supplement local property taxes. Therefore, the AMM supports its continuation with an annual inflation index, along with additional state resources to further reduce the reliance on the property tax. In addition, any LGA formula changes considered by the legislature must have a positive impact on the metropolitan a.rea. Homestead & Agricultural Credit Aid (l-C) The Homestead and Agricultural Credit Aid (HACA) equals about 40 percent of the total local aid and should be continued as part of the local fiscal relationship, with an inflation or increased household growth factor restored for cities. The AMM strongly opposes the conversion of city HACA to school aid. Tax Exempt Property (I-D) The AMM encourages the legislature to authorize dries to establish a program of payments in lieu of taxes by tax exempt governmental and non-governmental orgarfizarions, except constitutionally exempt property, (churches and schools) for the cost of services such as police, fire and streets to their facilities. 1999 Legislation Policies Revenue &Taxation Sales Tax on Local Government Purchases (I-E) The legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. Local Performance Aid (I-F) The AMM opposes the Local Performance Aid program. The current program is vague, creates complexity to the overall state aids programs, and approximately one-fourth of the states cities do not participate. Price of Government (I-G) The price of government calculation in regard to local governments should be based on (1) changes in the sum of the levy and state aids, and (2) examination of long term trends, not single year events. In addition, consideration should be given to service provision transfers between governmental units, increased demand for services by citizens and legislative mandates or tax rate changes. Fiscal Disparity Fund Distribution (I-H) The AMM opposes the use o£ fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. Pemonal Property Taxation: Electric Utility (I-l) The AM/VI opposes proposals for exempting the Investor Owned Utilities ClOUs) from the personal property tax. under no circumstances should local units of government and their taxpayers be required to shoulder the burdens of tax relief for IOUs. The personal property tax is a significant portion of the metropolitan fiscal disparity pool and, if eliminated, would have a metro-wide property tax impact. 2 1999 Legislative Policies Table of Contents Revenue Diversification (I-J) The A_MM supports revenue diversification for cities to reduce the reliance on local property taxes. Some examples include authorization for local sales taxes, payments in lieu of taxes, franchise fees, deed taxes to remain with city, development impact fees, or the creation of a separate income/sales tax ftmd that would grow with the economy. Class Rate Tax System (I-K) The AMM opposes a change from the class rate tax system to a market value system, which would cause tremendous shifts of tax burden between classes of property, or applying future levy increases to market value, since this would further complicate the property tax system. Limited Market Value (I-L) The AMM opposes further extension of ar~cial limits in valuing property at market for property taxation purposes. Limiting market value increase on existing property to a non-market index or set rate will cause various property tax system problems. Similar properties will be taxed differently if new or sold and improvements will be discouraged. Tax shifts will occur mainly on lower valued homes and the ability to issue bonds may be adversely affected. Finally, it will be politically difficult as well as costly to persons owning long-term capped properties when it becomes necessary to sunset due to vast differences in tax liabilities for like properties. The AMM believes that enhanced targeting for special circumstances such as low-income persons better serves the tax system. Funding Shifts (I-M) The AMM requests the legislature to continue to reduce the imbalance of aids versus revenue between metro and outstate cities and to consider how this distribution of resources affects the economic growth and vitality of the metro area, and thus the entire state. Currently in the metro area, about 65 percent of the state revenue is collected, while only about 48 percent of the aids and credits are redistributed. 1999 Legislative Policies 3 Revenue & Taxation City Revenue Stability & Fund Balance (I-N) The legislature should not attempt to control or restrict city f~nd balances. These funds are necessary to maintain fiscal viability to meet unexpected or emergency resource needs of city governments, to purchase capital goods and infrastructure, provide adequate cash flow and to maintain high-level bond ratings. 1999 Legislofive Policies General Legislation (11) Mandates & Local Authority (II-A) The AMM opposes statutory changes which erode local control and authority or create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. New unhmded mandates cause increased property taxes which impedes the ability to fund traditional service needs. Public Right-of-Way (II-B) The AMM supports the continued effort of the League of Minnesota Cities 02viC) to protect the authority of cities to rn_aintain jurisdiction over municipal public rights-of-way, to establish relevant criteria and to obtain reasonable compensation for its degradation. County Plat Approval Authority (Il-C) Cities oppose county authority over plat approval for plats that are contiguous to existing or proposed county roads. While counties have a valid interest in proposed plat decisions, this does not warrant a transfer of approval authority. Police & Fire Pension Provisions (II-D) The AMM opposes reductions of state amortization aid to local police and fire relief associations or benefit increases, which are not financed by at least a 50 percent employee contribution for the benefit or resulting deficit. The employee pension contribution amount should be set at 40 percent of the normal cost of financing the benefits even if this amount exceeds 8 percent of the base salary. 1999 Legislative Policies 5 General Legislation Actuarial assumptions relating to salaries and investment return should more truly reflect experiences and bonuses. The AMM opposes bonuses such as the 13th check, which should not be included in actuarial assumption changes. 911 Telephone Tax (II-E) The AMM supports the current distribution of the 911-access fee and the limit of 30 cents per line per month to offset basic maintenance costs and enhanced upgrade. Any fee granted legislatively in excess of 30 cents should be returned directly to the municipality or public safety answering provider (PSAP) where collected. Fee increases granted by the legislature should be a specific mount not a general authorization and only for a specific purpose. Phase 2 Wireless enhanced 911 costs should be recovered from a direct charge to cell phone users. 800 MHz Radio System (II-F) The AMM supports the continuation of the Metropolitan 800 MHz Radio System legislation and board, as long as cities are not forced to modify their current systems or become part of the 800 MHz Radio System until they so choose. The system should provide a phased transition guaranteeing uninterrupted service and be technically capable of allowing communities the flexibility to form various coordinated arrangements for dispatching and service provision. Since there are both regional and local benefits to local government units joining the system, the AMM urges the Regional Radio Board to seek a state appropriation to assist local units of government in joining the system Permit Approval: Zoning (II-G) The permit approval statute delineating time limit requirements should be modified so that in the case of a rezoning application, a motion which requires a simple majority vote that extends action beyond the 60 or 120 day time requirement, constitutes a denial not an approval in order to uphold the super majority requirement of the zoning statute. Current law provides automatic approval if no action is taken. 1999 Legislative Policies General Legislation, C Witness Fee Costs (II-H) Since one third of fines for city-related prosecutions remain with the county and adequately fund this cost, the AMM opposes shifting witness' fees from counties to cities for these actions. Urban Reforestation (11-1) The AMM supports the creation of a program in the Department of Natural Resources to provide for urban reforestation. Elections: Alley System Authority (II-J) The AMM supports permissive authority for statutory cities to adopt an alley system for filing for city council seats. 1999 Legislative Policies I I I I Housing & Economic Development (111) Livable Communities Act (Ill-A) The 1995 Legislature enacted the Livable Communities Act (LCA) to stimulate housing and economic and community development in the metropolitan area. The act permits cities to access about $11.0 million in funding for pollution clean-up, housing and redevelopment. As a participant, a city must adopt affordable and life cycle housing goals and a plan to achieve the goals. Since its inception, the Metropolitan Council has been responsible for program implementation, including the completion of an annual progress report. The report for the 1996 calendar year indicates progress toward achieving the stated goals but also raises concern regarding the preservation of affordable housing, particularly the demolition of housing units. The AMM has maintained that the LCA should not be amended until there are progress reports and experience with the LCA. Based on the reports and experience of cities, the AMM recommends: · The LCA should be continued. The LCA should be amended to eliminate the requirement that a city annually elect to be a participant in the act and require by November 15 that a resolution to withdraw be approved. The state should appropriate funds for the LCA. The appropriation should not replace the current funding sources but should be in addition to them. 1999 Legislative Policies 9 Housing & Economic Development State Housing Policy (Iii-B) To continue the expansion of the state's economy, the governor and legislature should recognize the importance of housing to economic vitality and family stability and should adopt policies that preserve existing housing, permit the production of safe affordable housing and provide resources to produce and preserve housing. The AMM recommends the following: l_mnd Use Standards and State Incentives Minnesota cities are responsible for and should retain the authority to regulate the location, size and amount, and type of housing within their boundaries. The state, in an effort to encourage more affordable housing, should authorize cities on a voluntary basis and provide incentives for such concepts as density bonuses and mixes of housing types and price ranges. The incentives can be, but not be limited to, property tax class rates and sales tax exemptions for construction materials. · State funding provided for the incentives should not reduce existing programs. Housing Preservation (Ill-C) Housing preservation includes the maintenance of the existing rental and owner occupied housing, as well as the retention of affordable units that were formerly subsidized by federal programs. The state should: Continue and increase funding the housing preservation program for federally subsidized housing that could be converted to market rate housing. · Expand efforts to provide resources for housing rehabilitation. Provide a sales tax exemption for construction supplies and materials used in the construction or substantial rehabilitation of affordable housing. 10 1999 Legislative Policies Housing & Economic Development Exempt public agencies from paying the mortgage and deed tax when developing or providing for affordable housing and redevelopment. Minnesota Housing Finance Agency Appropriation (Ill-D) The Minnesota Housing Finance Agency's (MHFA) biennial general fund appropriation approximates $78.0 million. The agency uses the funds for several housing programs including rental and homeownership. For the next biennium the agency should: Have its appropriation increased and the increase be used primarily for housing preservation, housing production and homeless prevention programs. Redesign, if warranted and with city input, the Community Rehabilitation Program to encourage additional participation from the metropolitan area. The redesign, if needed, could include modification of the area designation, and appropriation set aside, a multiple year funding commitment, recognition-of local needs, the timing of the application process, and a linkage to the LCA. Family & Elderly Housing (Ill-E) Demographic trends indicate that Minnesota's population is aging. For example, the Metropolitan Council projects that the region's population age 65 and older will nearly double from the year 2000 to 2020. Since most of the population owns single family housing and they will be smaller households there could be a demand for smaller housing units. The elderly population will also be older than their predecessors will. In the metropolitan area, the Council reports that the number of persons age 75 and over will increase from approximately 110,000 in the year 2000 to 180,000 in 2020. Being aware of the trends, the legislature should: · Provide additional resources to serve the low income elderly. Resources should include housing as well as related services. 19~)9 Legislative Policies 11 Housing & Economic Development Direct state agencies to provide ixfformation and technical assistance to local governments regarding the population changes and their impacts on public services. Develop policies that encourage the development of housing for the elderly that is affordable and provides an attractive alternative to current housing and preserves the current housing. Economic Development Responsibilities (Ill-F) The state should continue to recognize cities as the primary unit of government responsible for implementing economic development policies and land use controls. New or amended economic development programs designed to address specific economic circumstances with cities or counties should use problem definition as the criteria rather than geographic location, city size or similar criteria. Tax Increment Financing (ill-G) The legislative Recodification Tax Increment Financing ClIF) Task Force will initially have a bill that will be absent of policy changes. Policy changes should be addressed separately from the recodification and among the changes the legislature should: Pooling · Clarify that any tax increment districts approved between 1979 and 1982 have the same authority to pool increments as districts certified after 1982 and prior to April 1, 1990. · Allow districts approved after April 1,1990 to pool increments for affordable housing or pollution remediation. Local Effort Eliminate the LGA/HACA penalty or allow an exception from levy limits. If the penalty is not eliminated, the restrictions on the source of payment should be removed. · Authorize the use of federal grants and other local funds for local contributions. 12 1999 Legislative Policies Housing & Economic Development TIF Use · Exempt redevelopment districts from the five-year rule. Reaffirm that cities alone should be authorized to approve city initiated tax increment districts and that counties and school districts should continue to have the ability to review and comment on Tn:. · Permit all cities to establish housing replacement (scattered site) districts and allow TIF to be used for historic preservation. Housing Modify the housing district income qualification requirements to allow the levels to vary according to individual regions of the state or counties. · Remove the LGA/HACA penalty imposed on housing districts established between 1990 and 1993. Reporting · Authorize the publication of Tn: financial information in a format so that it provides taxpayers with useful information. Clarify that the Office of State Auditor (OSA) must give cities sixty days to respond to a violation of the Tn: law prior to sending a notice of the violation to the county attorney. The notice to the city must also state that at the end of the sixty-day period any resolved issues will be sent to the county attorney for possible action. Require the county attorney to decide on action regarding violation within ninety days of receipt of the notice from the OSA. 1999 Legislative Policies Housing & Economic Development Authorize the OSA to conduct a compliance review of a tax increment district within twelve months of the date the district is decertified or the increment is completely expended whichever is later. The State Auditor, upon completion of the review and resolution of outstanding issues, must issue a certification that the district is complete and not subject to further actions by the Office. · Make statutory changes to simplify the TIF reporting forms submitted annually to the State Auditor. Property Tax Reform Impact on TIF (Ill-H) During the past two legislative sessions, the property tax class rates have been compressed and as a result commercial industrial property taxes should decrease. The decrease could also result in revenue shortfalls in TIF districts. The shortfalls could impact bond payments and other contractual obligations. Being aware of the impact, the 1997 Legislature authorized a $2.0 million grant program to be administered by the Minnesota Department of Revenue and the 1998 Legislature authorized cities to establish special service districts to offset possible shortfalls. Being aware of the impacts, the legislature should: · Authorize the grant program for 1998 tax change impacts in addition to the 1997 tax changes. · Provide additional funding for the program and extend the sunset to the year 2003. Include the changes in class rate definitions such as maximum market value limits and number of parcels per class in the calculations to determine class rate compression impacts. · Move the application and payment dates to coincide with the city budget time frames. Permit city councils to transfer funds from one city development agency to another to prevent shortfalls due to property tax changes or/IF law changes that would result in a deficit in paying outstanding contracts or obligations. 14 1999 Legislative Policies Housing & Economic Development Development Tools (IIM) Over the past several sessions, the legislature has provided cities with development tools to redevelop property, dean up polluted sites and encourage business retention and expansion. The tools include, but are not limited, to TIF, tax expenditures and loans and grants. Many of the state tools have supplemented local efforts. To continue .this state local relationship, the legislature should: · Continue the Minnesota Investment Fund. Support increased fimding for the pollution clean-up program administered by the Minnesota Department of Trade and Economic Development (DTED). Require condemnation commissioners to consider the cost of correcting pollution problems in determining the final value of property. Establish an indemnification fund to provide financial security for institutions and individuals as they invest in developing and dean-up of polluted sites. · Eliminate the requirement to match a portion of the clean-up grant program with local general funds. · Continue and increase funding for the Redevelopment Fund established in 1998. Welfare Reform/Workforce Readiness (III.J) With the passage of federal welfare reform and enactment of Minnesota's new welfare program - the Minnesota Family Investment Program (MFIP), public policy is placing an emphasis on work and job readiness. The purpose of MFIP is intended to support work and not to replace income when people are not working. To accomplish the goal of getting people to work Minnesota has adopted a work first program that expects, supports, and rewards work. 1999 Legislative Policies 15 Housing & Economic Development Among the prOgram elements established by the legislature to implement MFIP are jobs training, transportation, medical assistance, and housing. As MFIP is being implemented statewide, the state is experiencing record low unemployment and economic growth and as a result there are now employment opportunities. If the economy, however, declines, employment opportunities for MFIP participants will decrease and the state's human service system could be over extended. Being aware that a trained work force is a major part of an economic development strategy the legislature should: · Provide state funding to match the maximum amount of available federal training funds. Continue and increase funding for state job training programs including Pathways and the Job Training Partnership. Modify the Pathways Program to provide public agencies with the flexibility to contract with training programs of employers, as well as those of public institutions. · Continue and increase funding for the transportation and childcare programs including sliding fee daycare. Examine the delivery system for state services (training, daycare) to determine and ensure that administrative procedures are implemented uniformly throughout the state. Business Subsidy (Ill-K) The Minnesota Department of Trade and Economic Development (DTED) and local governments provide financial incentives to businesses to relocate, expand or remain in the state or specific city. The provision of the incentives is usually part of a development agreement between the business and the public entity. The agreement contains a description of the incentive and the type of development to be completed in terms of m~rket value or square footage and penalties for non-performance. The agreements also contain job and wage goals as required by current Minnesota law. 16 1999 Legislative Policies Housing & Economic Development In reviewing the issue of corporate subsidy the legislature should: · Clarify the reporting requirements in terms of time frames and reporting entity. · Exclude redevelopment and housing Tn= districts from the reporting requirements of current law. · Maintain the reporting of job and wage goals in current law but do not require a specific wage amount. Building Permit Fee Surcharge (Ill-L) Local governments collect a half-percent surcharge on building permits. The proceeds of the surcharge are paid to the state and are used to support the State Building Codes and Standards Division. Prior to 1991, any excess proceeds were remitted on a prorate basis to the local governments. To help with the development of affordable housing it is recommended that: The proceeds from the building permit surcharge fee be paid to the MI-IFA for the support of affordable housing and that the building codes and standards division be funded from the state general fund. Group Homes (Ill-M) State and county agencies must provide timely notification to cities of facility license requests and renewals and provide adequate opportunity to respond. Cities must also be aware of the special care needed by residents of such facilities in case of public safety emergencies. Clustering of community residential facilities because of economic, geographic or other factors should be avoided. Standards of non-concentration for state or county-issued Requests for Proposals (RFPs) should be established. 1999 Legislative Policies 17 Housing & Economic Development There must be an ongoing screening process, particularly in the correction area, to insure that persons placed in a residential facility will benefit from such an environment and will not be a danger to themselves or others. The licensing authority must be responsible for removing any person found incapable of living peacefully in such an environment. Facilities licensed by the corrections department should not be exempt from reasonable local land use regulations. A fair share concept should be considered within the metropolitan area. However, this concept should consider other factors including transportation facilities, job availability and other needed support services. The licensing authority and/or legislature should allow cities to participate in the search for facility locations in order to meet needs of the providers, facility residents and the neighborhood. 18 1999 Legislative Policies Metropolitan Agencies (IV) Introduction: Metropolitan Governance Structure The Metropolitan Council was established in 1967 to coordinate "the planning and development" of the seven county metropolitan area. To fulfill its responsibilities, the Council has worked with local governments to establish policies regarding growth and development in the region. Over the years, the Council has been authorized by the legislature to be involved in the development of regional parks and in the operation of regional services. In 1994, two independent agencies responsible for transit and waste water disposal were merged into the Council. In the following years the Council was mostly advisory, but was given responsibility for regional policy development and coordination in the areas of wastewater treatment, transportation and airports. The Council was given limited approval authority for development proposals, which were of metropolitan (regional) significance but was not given direct operational authority. The Metropolitan Council's responsibilities have been expanded over the years. The Council was given direct operational responsibility for regional transit and wastewater treatment in 1994. In the following year, the legislature directed the Council to implement the Livable Communities Act CLCA). The Council's role with the LCA is to negotiate affordable and life cycle housing goals for cities and provide grant funds for the clean-up of polluted lands and demonstration projects that foster a mix of land uses and housing types. The Council's role has evolved since its inception to long-range planning and the operation of regional services. '.il'lo 1999 Legislative Policies 19 Metropolitan Agencies Metropolitan Council Principles (IV-A) The Metropolitan Council is a planning and operating entity. The Council is not only responsible for guiding the growth of the region but also operates the region's wastewater disposal and transit systems. As a planning and operating agency, the Council's policies and guidelines impact local units of governments particularly cities. The AMM, in framing its relationship with the Metropolitan Council, has developed several principles that are incorporated into the following policy areas. Purpose of Metropolitan Governance (IV-B) The AIM affirms its support for the existence of a metropolitan governance system to deal with appropriate regional issues and concerns. The purpose of the metropolitan governance system should be: · To facilitate region-wide planning with the cooperation and consideration of the affected local units. To provide certain region-wide services that do not duplicate those that can be provided by local governmental units, either individually or jointly. · To fulffil other specific responsibilities mandated by the state and federal governments. Criteria for Extension of Metropolitan Governance Authority (IV-C) The legislature, if granting the metropolitan governance sbmcture additional responsibility or authority, should be specific in the grant. Additional new or expanded authority should be considered only when one or more of the following exist: The service, function or activity has been shown to be needed and it can be demonstrated that it cannot or is not being effectively or efficiently provided through existing general purpose units of government. 20 1999 Legislative Policies w/ Metropolitan Agencies · The service, function or activity is not an appropriate state level or local government level activity or function. · Regional intervention is needed for protection of the region's investment in an existing metropolitan system. Restructuring of Metropolitan Agencies (IV-D) The Sports Facilities Commission and the Metropolitan Airports Commission (MAC) are currently metropolitan commissions. The legislature should make the sports facility commission a local commission if the back-up tax is limited to one city or is expanded to additional cities. If the tax is extended to other cities, the commission should be restructured to have membership from those cities. The legislature should clarify the status of the MAC so that it becomes either a metropolitan or state directed agency. The determining factor in the agency decision is the nature of the commission's back-up tax. If the tax will be a metropolitan area tax, its membership should come from the metropolitan area. If the back-up tax is statewide, then the MAC should have statewide representation. Regionally Provided Services: Funding (IV-E) The Metropolitan Council should continue to fund its regional services and activities through the existing combination of user fees, property taxes, and state and federal grants. The current revenue system provides better visibility to the customers of the expenditures and efforts to move toward a single revenue source should be opposed. The Metropolitan Council, in conjunction with the operating entities and not the legislature, should be responsible for determining user fees. The fees should be consistent with regional system plans and goals and be established by an open, visible procedure including, but not limited to, public notice and hearings. A clear linkage between revenue and service should be maintained. 1999 Legislative Policies 21 Metropolitan Agencies c Coordination of Local & Regional Plans (IV-F) The regional investment in metropolitan systems must be maintained and preserved by preventing adverse impact because of the lack of integration and coordination between regional and local Regional system designation should only be approved if there is a compelling metropolitan problem or concern that can best be addressed through the designation. The regional planning process must, on a continual basis, have the input of local government officials. To ensure input, the Council should hold hearings and provide public notice and copies of proposals regarding amendments to the Metropolitan Development Guide. Metropolitan system plans must be specific in terms of locations, capacities and timing to allow for consideration in local comprehensive planning. System plans should dearly state the criteria by which the local plans will be judged for consistency. The system plans should also dearly state the criteria that will be used to find that a local plan has a substantial impact on or contains a substantial departure from the metropolitan system plans. The Metropolitan Council should continue to offer assistance to cities. The assistance should include but not be limited to staff support, research, policy guidelines, system statements and procedures for the review and evaluation of plans and amendments. The Metropolitan Council, in its review of local plan amendments, must have a procedure that will: · Recognize that the Council's role is to review and comment, unless there is a substantial impact on or departure from the system plans. · Establish an open dialogue between cities and the Council, including public meetings and public hearings. 1999 Legislative Policies Metropolitan Agencies Be aware of the statutory time constraints imposed by the legislature on plan amendments and development applications. Provide for immediate effectuation of plan amendments, which have no potential for substantial impact on systems plans. Require the information needed for the Council to compIete its review, but not prescribe additional content or format beyond that is required by the Metropolitan Land Planning Act (MLPA). Metropolitan Council Focus on Planning (IV-G) For cities to meet their planning mandates, the Council must ensure that its planning, data collection and dissemination functions are fulfilled in a timely manner and are conAistent with its statutory obligations. Growth Management Strategy (IV-H) The Council should continue its discussions with officials in western Wisconsin to encourage their adoption of effective growth control measures. Further investment in transportation infrastructure with Wisconsin should be contingent upon Wisconsin local governments and their implementation of such controls. The legislature should devise effective methods of ensuring responsible and controlled development in counties surrounding the metropolitan area. The Metropolitan Council should continue its flexible guided growth policy regarding Metropolitan Urban Service Area (MUSA) expansion requests as outlined in the Regional Blueprint. However, the Metropolitan Council must recognize that until there are effective growth management strategies and tools beyond the metropolitan area, tightening of MUSA expansion criteria within the metropolitan area will cause one or more of the following: · Increased leapfrog development into adjacent counties and Wisconsin. q177 1999 Legislative Policies 23 Metropolitan Agencies · Increased housing costs within the metropolitan area. · Decreased economic growth due to increased development costs. · Increased development activity in the Rural Service Area. Local Plan ImPlementation (IV-I) Local governments are responsible for zoning. These zoning decisions should not be conditioned upon approvals by the Council or other governmental agency. The AMM is open to the use of alternative dispute resolution procedures prior to judicial remedies. Alternative dispute resolution could reduce costs and time for all parties involved in the dispute. The AMM strongly opposes the creation of an appeals board that could supersede city planning or zoning decisions. Budget Process & Work Program Evaluation (IV-J) Mandated and non-discretionary projects should be identified, along with their funding sources and projects and activities which are discretionary but totally or mostly funded by state or federal funds should be identified. Previous year's expenditure history should also be provided. The annual budget should delineate the services formerly provided by the operating agencies and the expenses and revenue for those services should be dearly identified and linkages between expense and revenue maintained. Further, the funds or reserve funds raised for a particular service should not be used or commingled with the funds raised for any other service or activity. The Council's work program should meet four tests: · The issue or problem identified is important to the region's well being. · Council intervention or activity will produce a positive result. 24 1999 Legislative Policies 9/?s' Metropolitan Agencies The Council's action does not duplicate or serve as a substitute for a state level program or effort or what should be a state level activity. · The Council is the most appropriate agency to intervene or perform the activity. Parks & Open Space: Operation & Maintenance Capital Funding (IV-K) The governor and the legislature should continue to appropriate funding for the operation and maintenance of regional parks. The level of funding should be equal to the statutory goal of 40 percent of the total budget. Regional parks essentially serve the role of state parks in the metro area and the acquisition, development and improvement of the parks should continue to be funded, in part, with state resources. Surface & Groundwater Water Management (IV-L) If legislation is considered for surface water management, it should be based on the following principles: The legislature should provide fun funding if it mandates additional water management planning or implementing activities by local units of government. Local units of government should continue to be responsible for surface and groundwater management, since they are the closest to the problem. · New state requirements should not add to local costs and duplicate reviews/approvals should be reduced or eliminated. The AMM would support the following initiatives/action: A thorough assessment of the Board and Water and Soil Resources (BWSR) structure and authorities to ascertain if it should continue to be the approval and oversight agency for surface water management planning and activities in the metropolitan area. 1999 Legislative Policies 25 Metropolitan Agencies C A thorou§h assessment of the metropolitan area sttrface water management planning and permitting process with the objective of developing improvements in conflict resolution, better coordination between state and local agencies, and streamlining the project permit approvals process. Compliance by local units of government located outside of the metropolitan area with the same standards and requirements for surface water management as those imposed on local units within the metropolitan area. A technical evaluation of the impact of 2:1 wetland replacement in the urbanized area on the goal of greater urban densities as stated in the Metropolitan Council's Regional Blueprint. Water Supply (IV-M) Additional legislation pertaining to local or regional water supply planning is not warranted. If legislation, however, is proposed it should be based on the following principles: · Local units should retain the basic responsibility for water supply planning and management as in current law. · The state should fund additional mandates. · Potable water should not be designated a regional system. Regional Wastewater (Sewer) Treatment System (IV-N) The regional wastewater treatment system has improved the water quality of the region's major river and lakes. The system should not be permitted to break up or to diminish its effectiveness. Since all users benefit equally, the regional rates should be uniform by type of user. C 26 1999 Legislative Policies Metropolitan Agencies Waste Stream Management (IV-O) The legislature should enact legislation, which will: Establish goals to reduce, recycle and reuse packaging materials and establish fees, taxes or deposits to encourage accomplishment of the goals. The revenues would be waived when the goals are met. Available revenues would be used to promote or enhance local programs to achieve the goals. Continue the Office of Environmental Assistance (OEA) as an agency that primarily assists local governments to manage waste effectively. Continue the role of cities in waste stream management unless a state or metropolitan system is established to achieve the same goal. Distribute all proceeds from any funding system for solid waste management activities and require distribution of funds to all entities involved in the system Provide that host communities for solid waste facilities will not have a financial liability for costs associated with operating and monitoring the facility. Such costs should be borne by the operator and in the absence of regulations should be assumed by the state. Maintain, at a minimum, the current compensation level permitted through surcharge fees and increase the level as well as making the compensation available to all types of solid waste facilities. Define municipal solid waste not to be a hazardous substance. The definition would enhance the ability of local governments involved in clean-ups to settle potential liability. 1999 Legislative Policies 27 Transportation (V) Transportation Funding (V-A) The AMM strongly supports increased funding for transit and highways, both of which are a critical need in the metropolitan area. In addition, funding for mass transit including transit ways, light rail or heavy rail in existing corridors should be dedicated in a manner consistent with current highway funding. Funds allocated to the metropolitan area should be flexible so that the most efficient and cost effective transportation solution may be chosen. Funding needs in the next two decades far outstrip current funding sources and rates. Therefore, the legislature should consider additional funding and alternatives such as an increase in the gas tax, future indexing of the gas tax, use of the motor vehicle sales tax (formerly MXrET), use of a certain percentage of the state general fund, a dedicated portion of the general sales tax, a sales tax on gasoline at the pump, state bonding authority for major projects, or a combination of these. If an alternative to the transit property tax in the metropolitan area is adopted, current opt-out transit systems should continue to be funded at comparable levels. Regional Transit System (V-B) The Regional Transit System should be a combination of integrated traffic management systems which include use of t-IOV lanes, express buses, exclusive transit ways, light rail transit, and commuter rail corridors built to connect residents to job, retail and commercial centers, plus a variety of other transit modes, including taxi, bus, pedestrian and bicycle. 1999 Legislative Policies Transportation Park-and-ride facilities for mass transit modes adequate to connect the regional centers, major trip generators and communities, both urban and suburban, should have integrated feeder systems to accommodate local buses, automobiles, van pools, bicycles, as well as walking facilities. The Metropolitan Council should work with local units of government to encourage appropriate land use controls along designated transit corridors to promote transit ridership. Transportation Incentives & Disincentives (V-C) The AMM supports the development of a comprehensive system that will facilitate an increase in the occupancy level of cars, reduce commuter trips and enhance the use of transit within the metropolitan area through the use of tax incentives and/or impact fees that encourages multiple occupancy transit use, the exclusion from gross income the value of commuter transportation benefits provided by an employer, and/or a tax deduction and tax credit for employers who provide commuter transportation benefits to employees. Transportation Utility (V-D) The AMM requests the legislature to authorize cities to establish a transportation utility for street maintenance and reconstruction of aging infrastructure, similar to the existing storm water utility, so that costs of improved facilities can be more fairly charged to the users rather than the general population as a whole. Highway Turnbacks & Funding (V-E) The AMM supports jurisdictional reassignment or turnback of roads on a phased basis using functional classification and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continuing maintenance. Cities do not currently have the financial capacity other than significant property tax increase to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. 1999 Legislative Policies Transpodation '3C' Transportation Planning Process: Elected Officials Role The AMM supports continuation of the Transportation Advisory Board (TAB), a majority of local elected officials membership on the TAB itself and the TAB process, which was developed to meet federal requirements for designation of the Metropolitan Council as the Metropolitan Planning Organization that is responsible for the continuous, comprehensive and cooperative (3C) transportation planning process to allocate federal funds among metro area projects. This process requirement was reinforced by the ISTEA Act of 1991 and the 1998 Transportation Efficiency Act for the 21st Century cream). Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (V-G) The AMM requests legislative action authorizing utilization of motion imaging recording system technology for governmental units, including cities, on streets and highways to assist promotion of safety and traffic law compliance enforcement. The technology has been proven and is currently used for law enforcement by numerous states, municipalities and other countries. The state should consider a pilot project on municipal streets in the metropolitan area. Airport Noise Mitigation (V-H) In 1996, the Metropolitan Airports Commission (MAC) was charged with developing a mitigation package for legislative consideration in 1997, but the package was never developed. Costs associated with noise mitigation should be borne by the airport (MAC) and the state since the airport is considered a statewide facility. Noise mitigation programs need to be enhanced to beyond the current 60 DNL contours for existing and future impacted Impacts, including environmental and low frequency noise, must be identified at all MAC airports and applicable mitigation measures implemented by MAC. By the year 2000, the Environmental Quality Board (EQB) should establish guidelines for airport noise (including low frequency) in consultation with the MAC, Metropolitan Council, MSP Noise Mitigation Committee and affected cities. This may include expansion of the sound insulation program to the 55 DNL. 1999 Legislative Policies Transpodation The MAC should establish a plan to assure funding for required environmental impact mitigation for legislative action by rite conclusion of the 2000 Session and levy a property tax on MAC- owned and leased property if it is not approved. Due to an operations increase of 27 percent by 2010, noise impact fees should be created to encourage conversion to real stage IH aircraft. This policy is not intended to impact airport development or construction decisions. Road Access Charge (V-I) In order to fairly provide for major street improvements of primary benefit to a particular subdivision development but not directly assessable and to allocate cost so that new growth pays its fair share, the legislature should authorize dries to establish at their option a road access charge to be levied on an area or per lot basis at the time that subdivisions are approved or at the time building permits are issued similar to park dedication fees. 32 1999 Legislative Policies Committee Rosters (VI) Housing & Economic Developmen~ Craig Waldron (Cha~), Administrator, Oakdale Beverly Aplikowski, Councilmember, Arden Kirstin Barsness, Director of Economic Development, Cottage Grove Janis Callison, Coundlmember, Minnetonka Dennis Cavanaugh, Coundlmember, St Anthony Dan Dona_hue, Manager, New Hope Gaff Dorfrnan, Mayor, St. Louis Park Mike Ericson, Assistmnt Manager, Maplewood Mike Freeburg, Coun~ilrrtember, Anoka John Goedeke, Councilmember, Roseville Regina Harris, HRA Director, Bloomington Andrea Hart Kajer, IGR Director, Minneapolis Coral Houle, Mayor, Bloomington Gordon Hughes, Assistant Manager, Edina Marvin Johnson, Mayor, Independence Dwight Johnson, Manager, Plymouth Jane Kansier, Planning Coordinator, Prior Lake Kathy Lantry, Councilmember, St. Paul Jan LeSuer, Councilmember, Golden Valley Joan Molenaar, Councilmember, Champlin 1999 Legislative Policies Committee Rosters Ron Rarddn, Commtmity Development Director, l%~nnetonka Mark Sather, Manager, White Bear Lake Carl Schmidt, Assistant to City Manager, Mounds View Mark Senn, Councilmember, Chanhassen Kathy Thurber, Councilrnember, Minneapolis Jerry Tumquist, Councilmember, Oak Park Heights Liz Workman, Coundlmember, Bumsville Metropolitan Agencies Terry Schneider (Chair), Counc~z~e~er, Minnetonka Bill Barnhart, Government Relations Representative, Minneapolis Kevin Batchelder, Administrator, Mendota Heights Bob Bruton, Councilmember, North St Paul Cathy Busho, Mayor, Rosemount Sharon Feess, Coundlmember, Brooklyn Park Matt Fulton, Manager, New Brighton Thomas Goodwin, Councilmember, Apple Valley Tom Harren, Planner, St. Paul Ken Hartung, Administrator, Bayport Susan Hoyt, Administrator, Falcon Heights Anne Hurlburt, Director of Community Development, Plymouth Barbara Johnson, Coundlmember, Minneapolis E Gary ]oselyn, Councilmember, Crystal Rick Kelley, Community Development Director, Apple Valley Larry Lee, Director of Community Development, Bloomington Tom Link, Director of Development & Prot Sen,., Inver Grove Heights 1999 Legislative Policies Commifl'ee Rosters Paul Malone, Councilmember, Arden Hills Mary Helen Mische, IGR Assistant, St Paul Mark Nagel, Manager, Anoka Jim Norman, Administrator, Ramsey Don Rye, Planning Director, Prior Lake Dave Schaaf, Mayor, Oak Park Heights Charlotte Shover, Councilmember, Bumsville Jill Smith, Councilmember, Mendota Heights James Smith, Councilmember, Independence Russ Susag, Councilmember, Richfield Eric Thole, Councilmember, Stillwater Joy Tierney, Mayor, Plymouth Sherry Timmernmn, Councilmember, Oakdale Kurt Ulrich, Administrator, Champlin Chuck Whiting, Administrator, Mounds View Dorm WLski, Councilmember, Roseville Municipal Revenue & Taxation Frank Boyles (Chair), Manager, Prior Lake Leslie Anderson, Director of Finance, Bumsville Gene Anderson, Councilmember, St. Paul Park Karen Anderson, Mayor, Minnetonka Curt Boganey, Manager, Brooklyn Park Edward Bm-roll, Treasurer & Finance Director, Roseville Thomas Bm-t, Administrator, Rosemount Dave CallLqter, Clerk-Administrator, Osseo Joan Campbell, Councilmember, Minneapolis 1999 Legislative Policies Committee Rosters Tom Cran, Budget Analysis, St Paul Steve Devich, Administrative Services Director, Richfield Terry Dussault, Assr to Manager, Blaine Margaret Egan, Finance Director, New Brighton Dan Faust, Finance Director, Maplewood John Gretz, Administer, Apple Valley Terri Heaton, Chief Finance Officer, Bloomington ]on Hohenstein, Administrator, Mahtomedi Bill Huepenbecker, IGR Director, St Paul ]ames Keinath, Administrator, Circle Pines Jim Knutson, Finance Director, Anoka Bob Larson, Administrator, Deephaven Tom Melena, Administrator, Oak Park Heights Steve Mielke, Manager, Hopkins John Moir, Finance Officer, Minneapolis Mike Momson, Manager, St Anthony Steve O'Malley, Deputy City Manager, BumsvilIe Douglas Reeder, Adminstrator, South St_ Paul Janet Robert, Coundlmember, Oak Park Heights Ryan Sc. hroeder, Administrator, Cottage Grove James Smith, Councilmember, Independence Jerry Splinter, Manager, Coon Rapids Joy Tierney, Mayor, Plymouth Kurt Ulrich, Administrator, Champlin Gene Van Overbeke, Finance Director, Eagan John Wallin, Finance Director, Edina 36 1999 Legislative Policies Committee Rosters Mazk Se_n~, Cou.~dJmembez, ~se~ Ceil S~, ~s~t to ~ ~g~, E~ Da~ W~el, Co~~/Sp~ ~ ~s~t, ~eld Do~ W~M, Co~e~, Rose~e Bret Woo~on, ~~t CiV M~g~, ~or L~e 1999 Legislative Policies John Weaver, Councilmember, Anoka Jim Willis, Adminstrator, Inver Grove Heights Committee Eosters Transportation & General Government Veid Mulznieks (Chair), Councilmember, SL Paul Park Gene Anderson, Councilmember, St. Paul Park Bill Bamhart, Government Relations Representative, Minneapolis Geralyn Barone, Assistant City Manager, Minnetonka Lyle Berg, Engineer Traffic & Transportation, Bloomington David Childs, Manager, Minnetonka Charlie CriChton, Councilmember, Burnsvi/le Jerry Dulgar, Manager, Crystal Dale Gusafson, Councilmember, Brooklyn Park Natalie Haas Steffen, Councilmember, Ramsey Gary Humphrey, Mayor, Apple Valley Gloria Johnson, Coundlmember, Golden Valley Mike Klassen, Traffic Engineer, St. Paul SancLra Krebsbach, Councilmember, Mendota Heights Charles Lenthe, Director of Public Works, Blaine Dennis Maetzold, Councilmember, Edina Sandra Masin, Councilmember, Eagan Mark McNeill, Administrator, Shakopee Dore Mead, Councilmember, Minneapolis Charlie Meyer, Manager, St Louis Park Mary Helen Mische, IGR Assistant, St Paul Lynn Moratzka, Councilmember, Hastings Dave Schaaf, Mayor, Oak Park Heights 1999 Legislative Policies 37 MINUTES-ECONOMIC DEVELOPMENT COMMISSION- SEPTEMBER 17, 1998 The meeting was called to order at 7:00 a.m. Members Present: Meisel, Pietrowski, Brewer and Weber. Absent and excused: J,ensen. Absent: Longpre. Also Present: Cook, Businaro and Shukle. Upon motion by Brewer, seconded by Drahos, and carried unanimously, the minutes of the August 20, 1998 meeting were approved. Lost Lake Improvement Project Ed Shukle indicated that the bids for the project will be opened at 11 a.m., Thursday, October 1, 1998, Mound City Hall. Discussion focused on schedule and how a delay in the relocation of the Post Office would affect the Lost Lake dredging project. Shukle also pointed out that discussions with reputable developers regarding the relocation oft_he post office have been put on hold until after the municipal election on November 3, 1998 due to possible conflicts of interest in relation to Pat Meisel' s candidacy for Mayor and the potential development of her property as it relates to the post office relocation. Also discussed was the feasibility ofjust locating the post office on the west side of Commerce Blvd. and to have it as a totally "private" project with the Meisel's and the owners of the Koenig-Schwert property as the developers. More information would be brought back to the Commission at the next meeting. Auditor's Road Improvement Project Shukle reminded the Commission that the City Council rejected the bids for the project due to the low bid being 23% higher than the estimate. The Council is committed to the project and will be rebidding it in February, 1999. Other Busine s It was noted that the next meeting of the EDC is scheduled for October 15, 1998, 7:00 a.m. at Mound City Hall. Jerry Pietrowski is scheduled to bring the rolls. It was moved by Drahos, seconded by Pietrowski, to adjourn the meeting. The motion carried unanimously. The meeting was adjourned at 8:00 a.m. City Manager RECEIVED OCT l g )g98 LAKE MINNETONKA CONSERVATION DISTRICT 18338 Minnetonka Blvd. Deephaven, MN 55391 745-0789 EXECUTIVE DIRECTOR'S NEWSLETTER Gregory S. Nybeck October 17, 1998 Office Relocation: The LMCD office was relocated to 18338 Minnetonka Blvd, Deephavenl MN 55391 on 9/25/98. Our new telephone and fax numbers are 745-0789 and 745-9085 respectively. I apologize we have not forwarded this information earlier; however, we were having problems getting telephone service to our office. 1998 LCMR A0_olicati0n; As previously communicated in the 7/21/98 Newsletter, LMCD representatives testified before Legislative Commission on Minnesota Resources (LCMR) committee members on 6/9/98 in St. Paul. The proposed application was for $5 million in LCMR funds, with cooperation by the MN DNR, for blanket funding of land acquisition and development of 1-2 public accesses on Lake Minnetonka. As noted in the 7/21/98 Newsletter, we believed feedback from the LCMR ~ould be received in early August. Tl~e LCMR Committee informed the LMCD in A~gt~'t~'at funding for. the'proj~t had' ' been"'denied. "Feedback we reCeived from' ~em i;b~ v~ it'"'~as dehied ~nCl/ided"~' need for a specific projeCt, the substantial dollar request, and the need to answer some further questions. They indicated that they believed state funds for Public access projeCts are more appropriate than LCMR funds. The District is still committed to increase the quality of car/trailer parking on Lake Minnetonka, not the quantity. Any possible further projeCts considered would be consistent the goals and objeCtives of the 1992 Lake Access Task Force Report. Exotics Management: The LMCD Board awarded at its 8/12/98 meeting a contract with Minnesota Bearing Co./Air Hydraulics Systems, Inc. and Cummins Diesel Service to conduct a major overhaul of the four District harvesters. The current fleet is ten years old and has not had overhaul work conducted on them. All moving parts and hosing will be evaluated to determine their condition. Moving parts and hosing that have deteriorated will either be replaced or rebuilt. This work is scheduled to be completed by the end of October and will be funded with Equipment DepreCiation funds. A boat was .transported this summer from Lake Erie that had significant adult zebra mussels on it. 'The owner of the boat contacted the District office to arrange washing of it with the District's high-pressure sprayer. Staff contacted the MN DNR because there was concern that there might be adult zebra mussels where the high-pressure sprayer was not effective. The owner of the boat worked with District and DNR staff and voluntarily kept the boat out of Lake Minnetonka for three weeks. The Board has expressed continued concern regarding the introduction of zebra mussels into Lake Minnetonka. A draft EXECUTIVE DIRECTOR'S NEWSLETTER, 10117198, PAGE ordinance amendment has been prepared relating to the introduction of zebra mussels with first reading was approved at the 9/23/98 Board meeting. Second reading of the draft ordinance amendment is scheduled for the 10/28/98 Board meeting. 1~998 Lake Minnetonka Boat Density Surve'G. Schoell and Madson is currently conducting this survey in compliance with the Lake Minnetonka Management Plan. This survey is conducted every two years and is a joint effor[, of the LMCD and the MN DNR. Copies of this survey will be forwarded late in 1998. !ake Minnetonka Sho~!ine Count: Pat Lynch, planning/Specials Project Intern, assisted District staff in conducting this Management Plan project this summer. The survey is required in the Management Plan every two years. After the Board reviewed results of the survey, another survey is planned for the summer of 1999. The rational for conducting this next year is to validate the results of this year's survey because a different methodology was used in 1994 and 1996 (aerial survey). A copy of this survey is available at the District office. St~[_U_~. Nancy Randall, District Administrative Technician, resigned in July. Her replacement, Roger Winberg, started with the District on 9/8/98. He has extensive public sector experience with the Cities of Centerville, Young America, Anoka, Mounds View, Shoreview, and Plymouth. Other staff members include Diane Samis, Administrative Technician, and Jan Briner, part-time clerk. Bil Hawks Boathouse: The civil lawsuit filed by Mr. Hawks against the LMCD challenging LMCD Code Section 2.12, Subd. 2 was dismissed in Hennepin County District court on 5/26/98. Also, the Court ruled favorably for the countersuit filed by the LMCD seeking an injunction requiring the storage boat to be removed from Lake Minnetonka. Mr. Hawks was directed to either remove the storage boat from Lake Minnetonka or to convert it into a houseboat. Mr. Hawks has appealed the 5/26/98 Hennepin County District court ruling. Further details will be provided when available. ~ The LMCD WebPage address is: http://wwW.winternet, com/-lmcd/ October 1998 ri i' REPORT Associa~'on of Metropolitan Municipalities (AM)90 145 Univezsi~y Ave. W. ~ St. Paul, Minnesota 55103-2044 Phone: (651) 215-4000 ~ lax: (651) 281-12~) ~ E-mail: antrn~antm145.o~.g Table of Contents 1. Introduction 1 2. Principles &: Options 2 3. General Observations of the Committee 5 4. Issues Related to the Selection Method of Metropolitan Council Members 7 o Recommendation on Changing the Selection Method of Metropolitan Council Members 8 6. AMM Metropolitan Agencies Committee 10 1998 Metropolitan Governance Report 1. Introduction The Metropolitan Council was originally established to be a regional planning agency. However, the Met Council has evolved into an agency that also operates transit and wastewater disposal and administers several federal, state and regional grant programs for parks, pollution clean-up, housing and redevelopment. In addition, the Met Council has a functioning housing and redevelopment authority. The Met Council's activities and annual budget, which is about $400.0 million, are the responsibility of a 17-member board. The board is appointed by and serves at the pleasure of the governor. While the .functions of the Met Council have changed, the Met Council's governance structure has basically remained unchanged. The evolving functions and the unchanged governing structure have prompted several legislative proposals regarding the Met Council's governing structure. The legislative proposals have included a directly elected Met Council, a Met Council composed of county commissioners elected to the Council, and the abolition of the Met Council. All the governance proposals have either been vetoed or have failed to gain legislative approval. As the 1999 Legislative Session approaches, there will probably be similar proposals introduced. The Association of Metropolitan Municipalities (AMM) has been studying the Met Council, its governance structure and roles and responsibilities. The AMM's Metropolitan Agencies Committee began meeting in May 1998 and has developed several observations, principles and criteria to evaluate governance proposals. The following sections include the committee's principles and options, general observations and recommendations. 1998 Metropolitan Governance Report 2. Principles & Options As defined in statute, the Met Council is a public corporation and a political subdivision of the state. The Met Council, however, is not like most political subdivisions. It may appear to function as a general-purpose unit of government. For example, the Met Council can authorize a property tax levy and it receives its authority from the legislature. The Met Council, unlike other general-purpose units, has a reporting relationship with the governor who appoints all Met Council members and approves legislative initiatives. To others, the Met Council may function as a state agency. The governor's role with the Met Council and the need for legislative authority to conduct most activities suggest that the Met Council is similar to a state agency. Being aware of the discussion regarding the status of the Met Council - government or state agency - the committee offers the following advantages and disadvantages of three metropolitan governance models. Metropolitan Governance Model #1 [_[the Met CounczT is a state agency. Advantages. · Budget review and approval and setting of fee amounts should be a state (legislative) function. · An advisory council of appointed members similar to the board of the Pollution Control Agency (PCA) could be established. · The operating functions of the Met Council could become part of existing state agencies. Disadvantages Many regional issues including budget approval, land use planning, and user fees for regional services should be made by a regional body. 1999 Metropolitan Governance Report · The comprehensive planning review and growth strategies need local government and citizen input. · Review at the state level further distances the customers from the decision-makers. Metropolitan Governance Model #2 If the Met Council is viewed as a a'egional olaerating agency with an elected board and a planning agency with a separate appointed board. The board would be similar in size to the Met Council and could be responsible for regional long-range planning and coordinating. The operating agency could also be initially responsible for wastewater treatment and transit, but also be legislatively authorized to assume such services as airports or sports facilities. Advantages · The organization would be more directly accountable to the electorate. Regional planning and growth management would be separate from operation of regional services. There would be less involvement by the governor. There would be less involvement in operating issues by the state legislature and the governor. The organization may provide for more clear direction from the electorate. Disadvantages · Planning and service delivery are separate. · The organizational structure could dilute the importance and impact of long-range planning. 1998 Metropolitan Governance Report : I Another layer of elected government has been established. The organization could be more costly than the current Met Council. The elected operating agency of the Met Council could be subject to greater influence from special interests or vendors providing campaign financing. Metropolitan Governance Model #3 If the Met Council is a political subdivision and a planning and operating agency with an elected governing bodT. · The governing body could be elected directly by the voters or by local government officials representing the district. · The latter procedure is similar to the selection process used to select the University of Minnesota Board of Regents. Advantages. · The system would be more directly accountable to the electorate. · There would be less direct involvement by the governor and legislature. · The system may provide for more clear direction from the electorate. Disadvantages · Another layer of elected government has been established. An elected Met Council could be granted expanded authority by the legislature to include activities currently provided by other political subdivisions, such as land use planning and zoning or offer new services. · An elected Met Council could be subject to greater influence from special interests that could provide campaign financing. 4 1999 Metropolitan Governance Report The committee did not adopt any of the proposed alternatives but in listing the advantages and disadvantages was able to develop a list of criteria that are essential for the framing of an acceptable legislative proposal. 3. General Observations of the Committee The committee met with several elected and appointed officials to discuss previous reports and express their views on the issue of metropolitan governance. The following are the committee's observations along with a general recommendation for each finaing. Regional Problem Observalion The presence or perception of a crisis did not motivate the study. The committee did observe that no regional issue is evident that requires a change in governance. Genera] Recommenda lion The region should examine the role and function of the Met Council and its relationship with local government. Metropolitan Council Reorganization Act Observalion The 1994 Metropolitan Council Reorganization Act merged the transit and wastewater functions into the Met Council. To date there has been no evaluation of the merger to assess the reorganization. General Recommendation The Legislative Auditor should examine the new structure to determine if the region has been better served by the new structure and if the Met Council is the best agency to deliver the services. 1998 Metropolitan Governance Report 5 Collar Counties Observation The region's impact extends beyond the seven counties. The collar counties are growing in population and many residents of the collar counties commute into the metro area for work. General Recommendation The region should be recognized to be more than the current seven counties. There should a means to involve local governments from the collar counties with the Met Council. Local Government Involvement C[ Observation City and county officials expressed a lack of comfort with the Met Council. Many officials believe that the relationship has improved but want to have more involvement of the Met Council with their local government. Genera] Recommendation There should be a more formalized process for local government involvement, including the selection of Met Council members. Basic Operations Observation The Met Council functions with many governmental responsibilities including but not limited to fee setting, making a tax levy and adopting regulations and also operates as a state agency. For example, the Met Council must request a state appropriation for the transit system. Therefore, it is difficult to determine what is the most appropriate governance structure. General Recommendation Because of the unique nature of its tasks and duties, the Met Council's structure should not be limited to one form or the other. Refer to section five for specific recommendations. 1999 Metropolitan Governance Report 4. Issues Related to the Selection Method of Metropolitan Council Members The committee discussed the various methods of selecting Met Council members. While not favoring a particular method, the committee developed an issues list for several alternatives. The list is as follows: the procedure for Met Council member select]on rem~trzs as · Concern that representatives of a district may represent the governor's interests rather than the interests of the district. · Not adequate involvement of local elected officials in the selection process. · If a representative is unresponsive to requests for dialogue with local officials, there is no meaningful recourse. There is no direct participation in the selection process by the general public, although not everyone felt that the general public wants to be involved in the process. IiMet Council membe~,s are elected b_g a direct elect]on o£ general pubEc: · Concern that selection process would be unduly politicized. · Concern for campaign funding and undue influence by special interests. Concern for creation of another formal level of government, and the possibility that once elected, the Met Council would be given more authority over local governments, especially in relation to land use decisions. IiMet Council members are a__qp_pointed b ~_~tover~or from a list o£ candidates provided b_g local elected o[fi'rvb Is: Would address the issue of involvement of local officials in the selection process, but may not bring forward the best candidate that has a regional perspective. 1998 Metropolitan Governance Report C , May not allow for representation of a//stakehoIders in the region (including the perspective of the development community). ~ed b local elected offi~Ms: · Would address the issue of involvement of local officials in the selection process, but may not bring forward the best candidate that has a regional perspective. · May not allow for representation of all stakeholders in the region (including the perspective of the development community). m Recommendation on Changing the Selection Method of Metropolitan Council Members A. The committee recommends that fixed, staggered terms be established for Met Council members. B. The committee recommends that no changes should be made to the Met Council unless a governance proposal meets the following criteria: Terms of Office. Members of the Met Council should be selected to serve a fixed term of office. The terms of the members should be staggered. Met Counci] Powers The Met Council should continue to be a long-range planning agency and potentially an operator or oversight agency for regional services. As such, the Met Council must maintain planning, coordinating and local assistance as a high priority. A dditionM Powers New powers must not expand or override city responsibilities, especially land use regulation authority. The Met Council must not become an agency with general local government powers. 1999 Metropolitan Governance Report State Role The legislature should focus on broad oversight of the Met Council's mission and services. Local Goverrtrnent Local elected officials must be involved in the selection process of Met Council members and there must be a mechanism to facilitate meaningful dialogue and input between the Met Council and cities. _Collar Coun~'es The metropolitan region clearly includes the seven designated counties and the adjacent eleven Minnesota counties, as well as three Wisconsin counties. The needs of the collar counties and the entire metropolitan region beyond the current seven county region must be addressed. Met Council Membe~.¢ The selection process must strive to appoint Met Council members who have an understanding of and will be responsive to the district represented, as well as be responsive to the best interest of the region as a whole. The selection process should limit the potential influence and support (including financial) of special interests. The above criteria attempt to fashion a regional governance structure that has a distinct mission but does not establish a political subdivision with local government powers or one that is a state agency. The Met Council should not be a super government that could override local powers or be a state agency. Rather, the Met Council should have a distinct mission of long-range planning and operation of legislatively authorized regional services. 1998 Metropolitan Governance Report 6. AMM Metropolitan Agencies Committee Terry Schneider (Chair), Councilmember, Minnetonka Bill Bamhart, Government Relations Representative, Minneapolis Kevin Batchelder, Administrator, Mendota Heights Bob Bruton, Councilmember, North St. Paul Cathy Busho, Mayor, Rosemount Sharon Feess, Coundlmember, Brooklyn Park Matt Fulton, Manager, New Brighton Thomas Goodwin, Councilmember, Apple Valley Tom Harren, Planner, St. Paul Ken Hartung, Administrator, Bayport Susan Hoyt/Administrator, Falcon Heights Anne Hurlburt, Director of Community Development, Plymouth Barbara Johnson, Councilmember, Minneapolis E Gary Joselyn, Coun61member, Crystal Rick Kelley, Community Development Director, Apple Valley Larry Lee, Director of Community Development, Bloomington Tom Link, Director of Development &Prot Serv., Inver Grove Heights Paul Malone, Councilmember, Arden Hills Mary Helen Mische, IGR Assistant, St. Paul Mark Nagel, Manager, Anoka Jim Norman, Administrator, Ramsey Don Rye, Planning Director, Prior Lake Dave Schaaf, Mayor, Oak Park Heights Charlotte Shover, Councilmember, Burnsville Jill Smith, Counrilrnember, Mendota Heights l0 1999 Metropolitan Governance Report James Smith, Councilmember, Independence Russ Susag, Councilmember, Richfield Eric Thole, Councilmember, Stillwater Joy Tierney, Mayor, Plymouth Sherry Timmerman, Counci/member, Oakdale Kurt Ulrich, Administrator, Champlin Chuck Whiting, Administrator, Mounds View Donn Wish, Councilmember, Roseville 1998 Metropolitan Governance Report 11 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, October 28, 1998 Tonka Bay City HaB 'T'kl t= o CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock · 11/11/98 Regular Board meeting has been rescheduled for 11/18/98. · 11/25/98 & 12/23/98 Regular Board meetings have been cancelled due to the holidays. · LMCD/Hennepin County Sheriff's Water Patrol annual meeting has been scheduled for Tuesday, 11/17/98, at 7 a.m. in the LMCD office. READING OF MINiJTF..S - 9/23i98 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) EWMIEXOTICS TASK FORCE A). 1998 EWM Harvesting Program, update from Project Manager Gene Strommen; B) Additional Business: WATER STRUCTURES A) Minnetonka Yacht Club (Site 1), staff recommends approval of 1998 renewal w/o change application; B) Staff recommends approval of 1998 renewal w/o change multiple dock licenses as outlined in 10/23/98 memo; C) Additional Business; LAKE A) USE & RECREATION Ordinance Amendment, Second reading of an ordinance relating to launching of with watercraft infested with zebra mussels; B) Additional Business; FINANCIAL A) Audit of vouchers for payment (10/1/98 - !0/31/98); B) September financial summary and balance sheet; C) Additional Business; S. '-'='ADMINISTRATION ' "A) Update on appointment of Board representatives whose terms expire in 1998; B) Report from nominating committee with recommendations for Board Officers for 1999; C) Additional Business; SAVE THE LAKE A) Minutes from the 10/20198 "STL" Advisory Committee; B) Additional Business; EXECUTIVE DIRECTOR REPORT OLD BUSINESS NEW BUSINESS 10. '11. EXECUTIVE SESSION- Performance Evaluation of Executive Director (Note: Board may vote to conduct evaluation in closed session) ADJOURNMENT DRAFT LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, September 23, 1998 Tonka Bay City Hall CALL TO ORDER Chair Babcock called the meeting to order at 7:00 P.M. ROLL CALL Members present: Douglas Babcock, Tonka Bay; Bert Foster, Deephaven; Gene Partyka, Minnetrista; Craig Nelson, Spring Park; Andrea Ahrens, Mound; Kent Dahlen, Minnetonka Beach; Craig Eggers, Victoria; Lili McMillan, Orono; Bob Rascop, Shorewood; Herb Suerth, Woodland. Also present: Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Roger Whnberg, Administrative Technician. Members absent: Bob Ambrose, Wayzata; Tom Gilman, Excelsior; Greg Kitchak, Minnetonka; Sheldon Weft, Greenwood. CHAIR ANNOUNCEMENTS, Chair Babcock · The 10/7/98 Workshop/Planning Session and the 10/14/98 Regular Board meeting have been cancelled due to the pending move of the office. He noted this should allow staff to settle in its new office. · No action was taken at the 9/9/98 Regular Board meeting due to the lack of.a quorum. READING OF MINUTES- 8/26/98 LMCD Regular Board Meeting. 9/2/98 Workshop/Planning Session MOTION: Nelson moved, Partyka seconded to approve the minutes of the 8/26/98 Regular Board meeting as submitted. VOTE: Ayes (9), Abstained (1, Dahlen); motion carried. MOTION: Partyka moved, Foster seconded to approve the minutes of the 9/2/98 Workshop/Planning session as submitted. VOTE: Ayes (3), Abstained (7; Nelson, Ahrens, Dahlen, Eggers, McMillan, Rascop, and Suerth); motion carried. PUBLIC COMMENTS- Persons in attendance, subjects not on the agenda (5 min.). There were no comments from persons in attendance on subjects not on the agenda. CONSENT AGENDA- Ahrens moved, McMillan seconded to approve the consent agenda as submitted. Motion carried unanimously. Item so approved includes 2B Hennepin County Sheriff Water Patrol Significant Activity Report, and 4A Minutes from the 8/14/98 EWM/Exotics Task Force Meeting. Lake Minnetonka Conservation District Regu/ar Board Meeting September 23, 1998 WATER STRUCTURES A. Hennepin County Environmental Services, Consideration of findings of fact and Order for denial of new multiple dock license application to convert six transient slips to overnight storage slips. Babcock introduced the agenda item noting there is an additional Findings of Fact and Order to deny the variance application associated with the Sheriffs Water Patrol docks. He asked for clarification from LeFevere on what the Board needs to take action on? LeFevere clarified the Board needs to take action on the Findings of Fact and memorandum for both the multiple dock license and variance applications. MOTION: Rascop moved, Partyka seconded to approve the Findings of Fact and Order for denying the multiple dock license application to convert six transient slips to overnight storage slips and the dock length variance application for the Sheriff's Water Patrol docks. VOTE: Motion carried unanimously. B. Ordinance Amendment, First reading of the ordinance relating to dock lengths owned and operated exclusively by state, county and local law agencies. MOTION: Rascop moved, Partyka seconded to approve first reading, to waive second and third readings, and adopt the ordinance amendment. VOTE: Motion carded unanimously. C. Additional Business There was no additional business. e LAKE USE & RECREATION A. Ordinance Amendment, First reading of an ordinance relating to launching of watercraft infested with Zebra Mussels. Babcock introduced the agenda item noting a letter was received from Jay Rendall, MN DNR Exotic Species Program Coordinator on 9/23/98. He added this letter was in response to the draft Ordinance Amendment being considered by the Board. ._Ras. cop and Babcock discussed the burden of the draft ordinance on the DNR and the boater as highlighted in the Rendall letter. Babcock stated he believed if a watercraft has had live zebra 'M'ugsels on it, this is an effort that should be undertaken. He noted maybe a language change ~'fi~uld be considered similar to state law. Lake Minnetonka Conservation District Regular Board Meeting September 23, 1998 Page 3 Nelson indicated that Rendall has stated that District staff and local law enforcement officers could be trained for inspection purposes. Nybeck suggested it might be appropriate for Rendall to attend a future Board meeting to discuss this letter. McMillan stated she would like more time to digest the letter because of the limited time to review it. MOTION: Rascop moved, Ahrens seconded to approve first reading of the ordinance amendment. e VOTE: Motion carried unanimously. C. Update on discussion of 8/25/98 letter from Ravich} Meyer, Kirkman, McGrath, & Nauman. Babcock stated at the 9/9/98 Board meeting there was discussion with residents across from the Seton Channel area who expressed concern with "slow-wake" buoys. He noted he believed a mutual agreement was reached that buoy positioning and measurements would be evaluated this winter. He added there was also significant discussion regarding shoreline erosion and rip- rapping options. Rascop stated he would like to see more emphasis on natural shoreline Vegetation. Nybeck stated he informed MCWD staff that these residents might be contacting them to discuss shoreline protection options. He added MCWD indicated they would go on-site to discuss these options. D. Additional Business There was no additional business. FINANCIAL A. Audit of vouchers for payment (9/1/98 - 9/30/98). Nelson reviewed the audit of vouchers for payment as submitted. MOTION: Ahrens moved, Partyka seconded to approve the audit of vouchers as submitted. VOTE: Motion carried unanimously. B. August financial summary and balance sheet. Nelson reviewed the August financial summary and balance sheet. He noted two CD's recently matured and have been re-invested. He added the finance committee would be reviewing the current investments in the CMA account with Merrill Lynch to get a better rate. He concluded Lake Minnetonka Conservation District Regular Board Meeting September 23, 1998 Page 4 that salary adjustments that were to be taken from contingency are not properly reflected in the 'financial summary. MOTION: Rascop moved, Babcock seconded to accept the August financial summary and balance sheet. VOTE: Motion carried unanimously. C. Additional Business. e Nybeck stated he would prepare a summary sheet of District investments for the 10/28/98 meeting ...... EWM/EXOTICS TASK FORCE B. 8/14/98 EWM/Exotics Task Force Meeting Report. 'Suerth reported on the following: Overhaul of the first harvester is underway and going quite well. He added when this machine is complete, staff will be meeting with them prior to overhauling the remaining three harvesters. · He recommended continuing the process to adopt an ordinance that prohibits the launching of watercraft with zebra mussels attached to it. · Jay Rendall has agreed to send a letter to commercial marinas and transporters outlining concerns with the recent zebra mussel incident. · There might be a need to expand concern about exotics beyond zebra mussels. Staff was instructed to invite a DNR representative to discuss concerns about water chestnut and hydrilla. There are six new infestations of milfoil in Minnesota this year bringing the grand total of bodies of water to 90. · The DNR is pursuing legislation to reduce the mandated number of inspection hours ' frown 20,000.' ' ~ ' " ' ...... C. Additional Business There was no additional business. 5. ADMINISTRATION There was no discussion. 6. SA.YE THE LAKE Mc..Millan stated staff had recently sent out a solicitation letter. She added the Advisory Committee w..~ !d be getting together in the near future to organize and present possible projects for funding co .l~.'deration by the Board. Lake Minnetonka Conservation District Regular Board Meeting September 23, 1998 ~age 5 7. EXCUTIVE DIRECTOR REPORT Nybeck reported on the following: · Roger Winberg, new Administrative Technician for the District was introduced. It was noted his first day was 9/8/98. · Staff has planned the move to the new office space in Deephaven for Friday, 9/25/98. He noted the new telephone number would be 745-0789. · The lake level on 9/21/98 was approximately 929.6'. 8. OLD BUSINESS Babcock stated at the 9/9/98 Board meeting, Rascop agreed to coordinate a nominating committee to make recommendations on Board Officers for 1999. He added the intent was to invite Dahlen and Gilman to serve on this committee fOr the second consecutive year. He believed the Board should formalize the appointment of Rascop, Dahlen, and Gilman to the nominating committee. MOTION: Ahrens moved, Partyka seconded to appoint Rascop, Dahlen, and Gilman to the nominating committee for Board Officers. VOTE: Ayes (8), Abstained (2; Rascop and Dahlen); motion carried. 9. NEW BUSINESS Foster stated he had recently attended a city council meeting where there was concern expressed regarding a swimming beach on Carson Bay behind Bug Island. He noted there had been complaints from the neighborhood that the area is becoming similar to Bug Island with regards to anchoring. He added from both a recreational and public safety standpoint, it is probably not a good idea to allow anchoring within a set distance of a roped-off swimming beach. He stated the Board might want to consider restricting such activity in the future. He stated he brought this discussion up to allow the Board to consider it. He concluded he would bring it up in the near future after Board members have had a chance to think about it. Staff was directed to contact the DNR to determine whether there are any State regulations regarding the anchoring of boats near swimming beaches. 10. ADJOURNMENT There being no further business, Chair Babcock adjourned the meeting at 8:12 P.M. Douglas Babcock, Chair Eugene A. Partyka, Secretary DRAFT LAKE MIN~.. TONKA CONSERVATION DISTRICT gave the Lake Advisory Committee Minutes 10:30 a.m., Tuesday, October 20, 1998 LMCD Conference Room PRESENT: Lili McMillan, Chair; Don Germanson, Lake Minnetonka Association; Gene Strommen; Greg Nybeck, LMCD Executive Director; Roger Winberg, LMCD Administrative Techician. McMillan called the meeting to order at 10:30 a.m. She stated the focus of this meeting was to review projects funded in the past and brainstorm potential new projects to be funded in the future. Nybeck circuiatexi Save the Lake Funding Criteria used by the Task Force and a list of projects funded in the past. The Committee determined that the criteria used in the past are still a valid tool to evaluate projects for funding. Strommen provided background to the Committee on Save the Lake projects funded in the past. He noted he believed the Winter-Ice and Divers Lake Bottom Cleanup projects were successful in the past and should be funded in the future. The Committee discussed the idea of expanding the Winter-Ice Cleanup project on lakewide basis. Germanson asked for clarification on Save the Lake funds and the purchase of the milfoil equipment 10 years ago. Strommen stated when the milfoil equipment was purchased, the District solicited funds from both private residents and businesses. He noted after the equipment was purchased, the balance was transferred into a reserve fund for future equipment replacement for the milfoil program. Nybeck added that a second reserve fund balance has been established for equipment depreciation. Germanson stated he would like to see proactive incentives for lake residents to remove milfoil from their shoreline. He suggested a tax credit or deduction as ~ example. Strommen asked McMillan what she planned for the Committee to consist of?. She noted she had plans to expand membership of the Committee and stated she was open to suggestions. The Committee discussed this and noted it might be beneficial to have representation from other public agencies, including the MCWD, and a commercial marina representative. The consensus of the Committee was that a game plan needs to be established in the near future for potential projects to be funded. The following potential projects were discussed: · Continued participation with Hennepin Parks on water clarity testing for Lake Minnetonka. There was discussion on the poor water quality on Halstead and Jennings Bays and the need to address it. The Committee determined it would be Save the Lake ~dv~ory Committee, Minutes, 10/~0/~8, Page '~ i beneficial to invite a MCWD represeatafive to a future meeting to discuss if they have plans to address it in the future. · Expansion of the zebra mussel spray down program to allow for DNR Conservation Officers to wash boats down at the public access. · Possibly using funds to contract for additional law enforcement hours with the Water Patrol on weekends and holidays. · The idea of using lakescaping to improve water quality and to reduce shoreline erosion. McMillan noted she had talked to Carol Henderson from the DNR whose book on 'Lakescaping for Wildlife and Water Quality" is due out January. She noted Henderson received approval of $140,000 from the LCMR for demonstration projects and workshops around the State. McMillan noted she would like one of these demonstrations to be on Lake Minnetonka. She added Henderson was also receptive to doing a slide show lecture this spring to interested Lake Minnetonka property owners on how to enhance their shoreline. · The need to make some changes to the annual Save the Lake Recognition Banquet. .e, The Committee discussed the need to improve attendance and the need to focus on Lake Minnetonka related issues. McMillan stated she would like to see a select group of presenters provide a ~State of the Lake" update at the Banquet Dinner. The Committee set the next meeting for Tuesday, November 17 at 10:30 a.m. in the LMCD office. The consensus of the Committee of this meeting was to focus on the Save the Lake Recognition Banque. t Dinner. AD. IOURNMENT: There being no further business, the meeting adjourned at 12:20 p.m. Respectfully Submitted, Lili McMillan, Chair Save the Lake Advisory Committee TUESDAY, OCTOBER 27, 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. 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, 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. 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 4059 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. PAGE 2. APPROVE AGENDA. *3. CONSENT AGENDA *A. APPROVE THE MINUTES OF THE OCTOBER 13, 1998, REGULAR MEETING .................................. 4061-4066 *B. APPROVE THE MINUTES OF THE OCTOBER 20, 1998, COMMITTEE OF THE WHOLE MEETING .................... 4067-4068 4060 *C. CASE 98-60: VARIANCE, FRONT & SIDE YARDS, LAKESIDE, STREET FRONTAGEAND LOT SIZE SETBACKS TO CONSTRUCT AN ADDITION ON THE FRONT, OF TI4E EXISTING HOUSE, CHRIS BAUM, 5138 TUXEDO BLVD., LOT 3, SWLY, 1 & 2, BLOCK 2, WHIPPLE, PID 24-117-24 43 0037 ..... 4069-4097 *D. SET CANVASSING BOARD MEETING FOR WEDNESDAY, NOVEMBER 4, 1998, 7:30 P.M., MOUND CITY HALL. *E. RESOLUTION 98- RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION OF NOVEMBER 3, 1998 ........................................... 4098 *F. SET SPECIAL MEETING FOR MONDAY, NOVEMBER 16, 1998, 7:30 P.M. FOR PURPOSES OF DISCUSSING 1999 PROPOSED BUDGET. (IF NECESSARY, BUDGET DISCUSSION WILL CONTINUE UNTIL THE NOVEMBER 17, 1998, COMMITTEE OF THE WHOLE MEETING). *G. *H. SET THE FOLLOWING PUBLIC HEARINGS FOR NOVEMBER 10, 1998. - P & Z CASE Ii08-55 - STREET VACATION, LONGFORD ROAD, KILDAIRE ROAD AND KINGS LANE, FINE LINE DESIGN. - P & Z CASE//98-61 - VACATION OF UTILITY EASMENT, 2232 WESTEDGE BLVD. - REVIEW OF CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD BUSINESS, AL & ALMA'S SUPPER CLUB. PAYMENT OF BILLS ................................... 4099-4113 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. 4061 PARK AND OPEN SPACE COMMISSION RECOMMENDATION REGARDING FILLING VACANCY. (PLEASE NOTE THAT RITA PEDERSON HAS INDICATED THAT SHE IS INTENDING TO RESIGN FROM POSC WHICH RESULTS IN TWO VACANCIES. POSC HAS RECOMMENDED THAT IF POSSIBLE, THEY WOULD LIKE THE TWO APPLICANTS APPOINTED THAT INTERVIEWED. WITH TWO VACANCIES, THE NUMBER OF POSITIONS ON THE POSC WOULD NOT HAVE TO CHANGE AND YOU COULD APPOINT BOTH APPLICANTS TO THE POSC) ............................. 4114-4119 APPLICATION FOR PUBLIC LANDS PERMIT: MARILYN BYRNES, 2851 CAMBRIDGE LANE ................................... 4120-4126 o INFORMATION/MISCELLANEOUS: A. Financial Report for September 1998 as prepared by Gino Businaro, Finance Director ...................................... 4127-4128 Park and Open Space Commission Minutes of October 8, 1998 .......... 4129-4138 Dock and Commons Advisory Commission Minutes of October 15, 1998 .... 4139-4145 Draft 1999 AMM Policies and Policy Priorities List from AMM ......... 4146-4188 Economic Development Commission Minutes of September 17, 1998 .......... 4189 REMINDER: HRA MEETING IS SCHEDULED FOR TUESDAY, OCTOBER 27, 1998, 7:00 P.M., MOUND CITY HALL. LMCD Mailing ....................................... 4190-4191 Metropolitan Governance Report as prepared by AMM ................ 4192-4204 4062 Bo C. D. E. F. MOTION made by onded by rn at was unanimously in favor. Motion carried. ~ fX Edward J. Shukle, Jr., City Manager Attest: City Clerk 4063