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1998-12-08AGENDA MOUND CITY COUNCIL TUESDAY, DECEMBER 8, 1998, 7:30 PM MOUND CITY COUNCIL CHAMBERS *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING - PLEDGE OF ALLEGIANCE. PAGE 2. APPROVE AGENDA. 3. *CONSENT AGENDA *A. APPROVE THE MINUTES OF THE NOVEMBER 24, 1998, REGULAR MEETING ................................... 4586-4592 *B. RESOLUTION 98-RESOLUTION REQUESTING THE PLANNING COMMISSION PROVIDE A RECOMMENDATION ON CASE 98-64, CONDITIONAL USE PERMIT FOR THE WESTONKA COMMUNITY CENTER RENOVATION PROJECT FOR THE CITY COUNCIL PUBLIC HEARING SCHEDULED FOR DECEMBER 22, 1998 ........................................ 4593 *C. RESOLUTION 98-RESOLUTION REQUESTING THE METROPOLITAN COUNCIL TO GRANT AN EXTENSION FOR THE COMPLETION OF THE CITY'S COMPREHENSIVE PLAN TO SEPTEMBER 30, 1999. 4594-4596 *D. PAYMENT OF BILLS .................................... 4597-4613 PUBLIC HEARING: CASE 98-65: UTILITY EASEMENT VACATION, TO ALLOW THE CONSTRUCTION OF A NEW GARAGE, RICHARD KRYCK, 5986 SUNSET ROAD, PID 14-117-24 42 0065 ............ 4614-4627 APPLICATION FOR AN OPERATIONS PERMIT, WELSH COMPANIES, ON BEHALF OF TRIAX CABLEVISION, 5308 SHORELINE DRIVE (BALBOA BUILDING) ........................................ 4628-4638 6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. APPROVAL OF FINAL 1999 BUDGET AND LEVY. (RF3OLUTION WILL BE DISTRIBUTED TUESDAY EVENING PURSUANT TO TRUTH IN TAXATION HEARING WHICH IS SCHEDULED FOR MONDAY EVENING). 4584 o INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for November 1998 ................ 4639-4659 Rules of the Minnehaha Creek Watershed District (MCWD) adopted on November 24, 1998: ............................................ 4660 Rule B - Erosion Control .............................. 4661-4666 Rule N - Stormwater Management for Land Development Projects ..... 4667-4675 Basically Rule N covers the part of Rule B dealing with stormwater management ponding. It removes the fee that was charged previously and requires larger developments to have ponding on the development site. Smaller developments would not be required to have ponds but would require "Best Management Practices." Read them over and if you have questions, please contact me ............ REMINDER: ANNUAL TRUTH IN TAXATION HEARING IS SCHEDULED FOR MONDAY, DECEMBER 7, 1998, 7:30 P.M. PLEASE BRING YOUR COPIES OF THE PROPOSED 1999 BUDGET WITH YOU TO THE MEETING. DEPARTMENT HEADS WILL BE PRESENT TO ANSWER ANY QUESTIONS ABOUT THEIR BUDGET REQUESTS. Do REMINDER: THERE IS NO COMMITI'EE OF THE WHOLE MEETING ON DECEMBER 15, 1998. NEXT MEETING IS SCHEDULED FOR JANUARY 19, 1999. REMINDER: THERE WILL BE A SECOND REGULAR COUNCIL MEETING ON DECEMBER 22, 1998, 7:30 P.M. REMINDER: HRA MEETING IS SCHEDULED FOR TUESDAY, DECEMBER 8, 1998, 7 P.M., MOUND CITY HALL. REMINDER: WCCB MEETING IS SCHEDULED FOR THURSDAY, DECEMBER 17, 1998, 5:30 P.M., MOUND CITY HALL. Ho REMINDER: ANNUAL CHRISTMAS PARTY IS SCHEDULED FOR SUNDAY, DECEMBER 13, 1998, BEGINNING AT 6:30 P.M., AL & ALMA'S. PLEASE RSVP TO JODI BY DECEMBER 8. REMINDER: CITY OFFICES WILL BE CLOSED FOR THE HOLIDAYS AS FOLLOWS: THURSDAY, DECEMBER 24, 1998, 12:00 NOON closed in the afternoon FRIDAY, DECEMBER 25, 1998, closed all day THURSDAY, DECEMBER 31, 1998, 12:00 NOON closed in the afternoon FRIDAY, JANUARY 1, 1999, closed all day 4585 MINUTES - MOUND CITY COUNCIL - NOVEMBER 24, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 24, 1998, at ?:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Andrea Ahrens, Councilmembers Mark Hanus, Liz Jensen and Leah Weycker. Mayor Bob Polston was absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Clerk Fran Clark Assistant City Planner Loren Gordon and the following interested citizens: Bob & Anne Hunt, Dale & Lorell Becker, Tim Becker and Councilmember Elect Bob Brown. The Acting Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. APPROVE AGENDA. At this time items can be ad~d to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. The City Manager stated he would has and item to add to the Agenda regarding directing the Planning Commission to look at the fence ordinance and do a study on it. This will become Item 7.A. The City Manager advised that the Planning Commission tabled Case//98-64, the Conditional Use Permit for the Community Center at their meeting last night. Therefore, this Public Hearing will need to be scheduled for the December 22nd City Council Meeting, not the December 8th Council Meeting. Councilmember Weycker asked that the Minutes from November 10, 1998, be removed from the Consent Agenda. Councilmember Hanus asked to discuss the Public Lands Permit, briefly. *CONSENT AGENDA *1.0 MOTION made Jensen, seconded by Hanus to approve the Consent Agenda as amended above. A roll call vote was unanimously in favor. Motion carried. APPROVE THE MINUTES OF THE NOVEMBER 16, 1998, SPECIAL MEETING. MINUTES WERE DISTRIBUTED TUESDAY EVENING. MOTION Ahrens, Hanus, unanimously. '1.1 MOUND CITY COUNCIL MINU'IF.8- NOVF.3tBER 24, 1998 APPROVE THE MINUTES OF THE NOVEMBER 17, 1998, COMMITTEE OF THE WHOLE MEETING. MINUTES WERE DISTRIBUTED TUESDAY EVENING. MOTION Ahrens, Hanus, unanimously. '1.2 SET PUBLIC HEARING FOR CASE 98-65, UTILITY EASEMENT VACATION, TO ALLOW THE CONSTRUCTION OF A NEW GARAGE,, RICHARD KRYCK, 5986 SUNSET ROAD, PID 14-117-24 42 0065. SUGGESTED DATE: DECEMBER 8, 1998, MOTION Ahrens, Hanus, unanimously. '1.3 SET PUBLIC HEARING FOR CASE 98-64, CONDITIONAL USE PERMIT, TO REVIEW THE USE TO ALLOW A BUILDING REMODEL PROJECT TO THE COMMUNITY CENTER TO INCLUDE RENOVATION OF THE GYMNASIUM AND AUDITORIUM, ADDITIONAL PARKING AND CHANGES TO THE SITE ACCESS, INDEPENDENT SCHOOL DISTRICT NO, 277, 5600 LYNWOOD BLVD., PIDS 14-117-24 41 0010, 14-117-24 41 0011, 14- 117-24 41 0052 & 14-117-24 41 0058. SUGGESTED DATE: DECEMBER 22, 1998. MOTION Ahrens, Hanus, unanimously. '1.4 PAYMENT OF BILLS. MOTION Ahrens, Hanus, unanimously. 1.5 APPROVE THE MINUTES OF THE NOVEMBER 10, 1998, REGULAR MEETING. Councilmember Weycker asked to change one sentence on Page 4466, second paragraph, last sentence which reads "She would like to see this go back to the POSC for this." Change to read, "It could go back to the POSC for their review." MOTION made by Weycker, seconded by Jensen to approve the Minutes of the November 10, 1998, City Council Meeting, as amended. The vote was unanimously in favor. Motion carried. 1.6 MOfJJVD CITY COfJIqCIL MIND'IE~- NOVEMBER 2~, 1998 APPROVE REQUEST FOR A PUBLIC LANDS PERMIT TO REGRADE A PORTION KINGS ROAD AS IT RELATES TO ITS VACATION. 0NOTE:POSC REVIEWED CASE AT ITS 11/12/98 MEETING AND RECOMMENDS APPROVAL SUBJECT TO TWO CONDITIONS, Councilmember Hanus stated that there is no proposed resolution for this item. The POSC recommended the following: "Motion made by Casey, seconded by Weycker, to approve a Public Lands Permit for grading on unimproved Kings Lane, as recommended, with the following stipulations: 1. Reseed the area after the regrade. ® Erosion control and/or stabilization measures be taken to avoid any further encroachment onto public lands. Motion carried unanimously." Councilmember Hanus also asked if the Council is acting on this POSC recommendation. so, he would like to see Item//2 of the recommendation changed in the final resolution to read as follows: "2. Erosion control and/or stabilization measures be taken, to avoid any further erosion cncroac~mcnt onto of public lands. If The City Attorney stated this language would be added to the resolution. Hanus moved and Weycker seconded the following resolution, incorporating the above language: RESOLUTION 98-129 RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR FINE LINE DESIGN, ON A PORTION OF UNIMPROVED KINGS LANE AT THE INTERSECTION OF KII.DARE ROAD FOR GRADING IN CONJUNCTION WITH SETON BLUFF DRAINAGE POND The vote was unanimously in favor. Motion carried. 1.7 CASE 97-31: VARIANCE CONTINUATION, TO ALLOW AFTER THE FACT IMPROVEMENTS TO ALLOW STRUCTURAL REPAIRS AND MISCELLANEOUS WORK TO AN EXISTING NONCONFORMING BEACH HOUSE, ANN & BOB HUNT, 5319 BARTLETT BLVD., LOT 28, AUDITOR'S SUBDIVISION 70 PID 24-117-24 24 0025. (NOTE: PLANNING COMMISSION RECOMMENDED DENIAL. HANUS MADE A REQUFST AT THE COMMITTEE OF THE WHOLE MEETING THAT THE ORDINANCE RELATING TO BOATHOUSF~q BE REVIEWEl~ BY THE 'PLANNING COMMISSION). MO~qD CITY COUNCIL MI2KI'IF~- IqOV~IBER 2~, 1998 Councilmember Hanus stated that he mentioned this to the Council at the Committee of the Whole Meeting November 17th. At the COW Meeting he misspoke when he said it was tabled at the Planning Commission, because they wanted to review this ordinance before acting on this case. He reconfirmed with the Planning Commission last night that was their intention. Hanus stated he has spoken with the Hunts and they are in agreement with tabling this pending the Planning Commission's review of the ordinance, rather than acting on a denial tonight. Mr. Hunt was present and agreed. Councilmember Weycker asked which section of the code is to be reviewed by the Planning Commission? Councilmember Hanus stated it is the Boathouse/Beach House section of the code. Councilmember Hanus explained the situation as follows: There was some work done without a permit and some of it was structural, (involving replacing some roof rafters and roof sheathing). He stated the whole roof was re-sheathed and the denial that is in front of the Council now, for consideration says the building can stay but the roof has to come off which he feels is absurd. He stated that recognizing the position that everybody, including the applicant, is in right now, this is an issue that the Planning Commission needs to look at. It might end up staying the way it is or it might change, but both the applicant and the Planning Commission agreed that they need to look at the code because it is not clear enough to know exactly what should or shouldn't be allowed. MOTION made by Hanus, seconded by Jensen to table Case//98-31 until no later than June 1, 1999, subject to review of the Zoning Code by the Planning Commission and City Council. The Hunts agreed to the tabling. The vote was unanimously in favor. Motion carried. MOTION made by Hanus, seconded the Weycker, directing the Planning Commi~ion to review the boathouse provisions within the Zoning Code for reconsideration and determination as they see fit. The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. The Beckers, 5205 Beachside Drive, Minnetonka, stated they also own property on Three Points Blvd. and feel they are being unfairly treated. Mr. Becker stated they have tried to follow all the rules and regulations that the City has requested of them. He stated that 2 years ago he had his property sold, but at the last minute, it got rejected because of 2.3 cubic yards of dirt. Mrs. Becker addressed the Council. The City Attorney explained that here has been a procedural wrinkle thrown into this for everyone. The City thought it had finished its review of this sometime ago and referred its conclusions to BOWSR which sent it back to the City for further review. At the last City Council Meeting, the Council authorized the hiring of a Heating Examiner in order to have an organized routine mechanism for disposing of this matter as quickly as possible. The City Attorney explained that the City is in this process right now. 4 MOUND CITY COUNCIL MIN~IF~- NOVEMBER 24, 1998 Mr. Tim Becker stated that they have been asking for preliminary approval from the City so that the Minnehaha Creek Watershed District could hold a public hearing. He further stated that the Minnehaha Creek Watershed District Board of Managers was courteous enough to let them proceed at a public hearing, but they could not take a final vote. However their staff did agree with their permit as it applied with the actual fill that they submitted both with that application and this application. He stated they are now going on 100 days with their application with the City. He handed out a packet of information for the City Council. He stated they want to get the property marketable. The City Attorney thanked Mr. Becker for the material that he submitted and will pass it on to the attorneys handling this matter for their review. No action was taken. 1.8 RECOMMENDATION FROM DOCK AND COMMONS ADVISORY COMMISSION, RE: APPOINTMENT TO FILL VACANCY. (NOTE: INTERVIEWS WERE HELD ON THURSDAY, NOVEMBER 19, 1998.) ORV BURMA WAS RECOMMENDED TO FILL THE UNEXPIRED TERM OF GORDON TULBERG, TERM EXPIRES 12/31/99. 4552- 4555 The City Manager stated that the candidates were interviewed at the last DCAC Meeting. He reported that the DCAC has recommended that Orv Burma be appointed to fill the unexpired term of Gordon Tulberg whose term expires December 31, 1999. Hanus moved and Weycker seconded the following resolution: RESOLUTION//98-130 RESOLUTION TO APPOINT ORV BURMA TO THE DOCKS & COMMONS ADVISORY COMMISSION TO FILL THE UNEXPIRED TERM OF GORDON TULBERG, TERM EXPIRES 12/31/99 Councilmember Weycker stated she does have some concerns about appointing someone who is already on the Planning Commission when other people have applied. She would prefer to have more of the public involved but feels Mr. Burma will do a good job. The vote was unanimously in favor. Motion carried. 1.9 ADD-ON - FENCE ORDINANCE DISCUSSION Acting Mayor Ahrens excused herself from the Council for this discussion. MOTION made by Hanus, seconded by Weycker to have Councilmember Jensen take over as Acting Mayor. The vote was unanimously in favor. Motion carried. The City Manager reported that this came about as the result of several recent cases relative to interpretation of what a fence is versus some other type of structure and what is covered under the fence ordinance. It is the desire of the Staff to send this on to the Planning Commission for review and study to give a clearer definition and interpretation of what a fence really is. 5 MOUND C/'/T COUNC/L M/N/]/Eg - NOP~bIB~R 24, 1998 The City Planner submitted some pictures of some problem areas that many people call trellises, until the Staff applies the Zoning Code to it and the Zoning Code would say that what appears to be a trellis is indeed a fence, for lack of another definition within the Zoning Ordinance to classify it as anything other than a fence. He further explained that the trellises that we would be called fences in the pictures, would not meet the requirements that the Code lays out for fences. Some of the trellises may appear not to be fences, but they are fences and the requirements for those would apply. The Planner explained that the fences or trellises in the pictures have also not received permits, which is another issue. He recommended that this section of the Code be reviewed because the fence definition seems to be a blanket for structures within a yard that are not fences. He asked that the Council refer this to the Planning Commission for further review to see if there is a more acceptable way look at this trellis issue and other types of structures that are similar. Councilmember Hanus stated that another item to look at in the current code is the acceptable materials for fencing, which are listed specifically as chain link and wood. This would exclude wrought iron fencing, and the new PVC plastic fencing. He stated he does not necessarily agree with Staff's interpretation, but if the City goes with the current interpretation, we will have to issue building permits for ail trellises, arbors, archways, etc. and if these structures are within 20 or 30 feet of the street, or within 50 feet of the lake, they are nonconforming which would then require variances. The Council also discussed fence or trellis size which could also be a problem if it becomes a barrier. Councilmember Elect Bob Brown stated he has done a little checking on the trellis versus fence concept. He stated he stopped at Home Depot and what they call the lattice type fencing is used for a trellis for ivy or growing things. MOTION made by Hanus, seconded by Jensen to refer the fence portion of the Zoning Ordinance to the Planning Commission for study, and redef'mition of fence versus trellises. The Council asked that this be completed and back to the City Council by March of 1999. Councilmember Weycker stated that she knows letters have gone out to people who are in violation, or questionable on whether it is a trellis or a fence and she asked how these will be handled in the meantime? The Building Official stated he will take a relaxed approach on these until the Planning Commission makes recommendations and the Council decides on the ordinance. The Council asked that the Building Official notify these people of this action. The vote was unanimously in favor. Motion carried. Acting Mayor Ahrens returned to the Council. INFORMATION/MISCELLANEOUS: A. Financial Report for October 1998 as prepared by Gino Businaro, Finance Director. B. LMCD Mailings. 6 E. F. G. MOUND ~ COUNCIL MINUTES- NOVEMBER 24, 1998 Memorandum from Jim Strommen, Kennedy & Graven and SRA attorney, re: Wireless Telecom Tower Siting-Virginia Beach Case. "Policy Informer" published by the National league of Cities. Planning Commission Minutes of November 9, 1998. Park & Open Space Commission Minutes of November 12, 1998. REMINDER: CITY OFFICES WILL BE CLOSED ON THURSDAY, NOVEMBER 26 AND FRIDAY, NOVEMBER 27 IN OBSERVANCE OF THE THANKSGIVING DAY HOLIDAYS. REMINDER: ANNUAL CHRISTMAS PARTY IS SCHEDULED FOR SUNDAY, DECEMBER 13, 1998, BEGINNING AT 6:30 P.M., AL & ALMA'S. Please RSVP to Jodi by December 8~. REMINDER: TRUTH IN TAXATION HEARING IS SCHEDULED FOR MONDAY, DECEMBER 7, 1998, 7:30 P.M. Continued hearing date is Monday, December 14, 1998. The City Manager reported that the City has been served with a lawsuit against the City by Bill & Dorothy Netka. The matter has been turned over to the City Attorney's office. MOTION made by Hanus, seconded by Jensen to adjourn at 8:15 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk 7 RESOLUTION 98- RESOLUTION REQUF~TING THE PLANNING COMMISSION TO PROVIDE A RECOMMENDATION ON THE CONDITIONAL USE PERMIT FOR THE WESTONKA COMMUNITY CENTER RENOVATION TO THE CITY COUNCIL FOR ITS PUBLIC HEARING ON DECEMBER 22, 1998 WHEREAS, the City of Mound and Westonka Schools have formed a joint powers organization known as the Westonka Community Center Board (WCCB); and WHEREAS, the purpose of the WCCB is to own and operate a renovated Westonka Community Center at 5600 Lynwood Blvd., in the City of Mound; and WHEREAS, the WCCB was formed as a result of a bond referendum passed by the voters of the Westonka School District; and WHEREAS, the bond referendum was based upon a project to renovate the Westonka Community Center; and WHEREAS, a significant amount of time and effort has been dedicated to this project by the WCCB and its designated committees and subcommittees; and WHEREAS, a time schedule has been developed and agreed upon by the WCCB and the Westonka School Board for the renovation of the project; and WHEREAS, the project requires that a conditional use permit be obtained from the City of Mound in order to proceed with the project; and WHEREAS, the Planning Commission has conducted two public hearings on this matter and has tabled the item to another meeting scheduled for December 14, 1998; and WHEREAS, the City Council has set a public heating for its meeting of December 22, 1998 to review and consider the conditional use permit recommendation from the Planning Commission. NOW THEREFORE BE IT RESOLVED, that the City Council requests and expects the Planning Commission to provide a recommendation for consideration by the City Council at its December 22, 1998 public hearing. BE IT FURTHER RESOLVED, that if the Planning Commission needs to detail any concerns, conditions, issues, etc., to the City Council, that they do so in the form of their recommendation which will be discussed at the City Council's December 22, 1998 public hearing. Letter to Dr. Pam veyers December 2, 1998 Page 2 views having only recently come to my attention. Because the bonds for the project are being issued by the district, I'm taking the liberty of sending a copy of this letter to the district's bond approving counsel, as I understand it, Mr. Len Rice, at the Dorsey law firm. I am advised by the city's legal counsel that the city may have aa obligation to disclose these matters to you and your bond approving counsel, who in mm, may feel it necessary to advise the district to make a similar disclosure to prospective purchasers of the bonds. .~mcerely, Shukle, Jr. City Manager CC; Len Rice, Dorsey t/l~ayor and City Council John Dean, City Attorney December 2, 1998 CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 Dr. Para Myers Superintendent of Schools Westonka Public Schools 5600 Lynwood Blvd. Mound, MN 55364 BY FACSIMILE AND U.S. MAIL Re: Westonka Community Center Renovation Project Dear Pam: We discussed briefly last week the status of the community center. I understand from you that the district has scheduled a sale of general obligation bonds for the project on December 7, 1998. There are some aspects of the city's commitment to the project of which, I think, you should be aware. As you know, the project requires a conditional use permit and that permit has not yet been granted. The planning commission and city council schedule for consideration of the CLIP is such that the city council will not have the CUP application before it until December 22. There can be no assurance, of course, at this point, that the CUP request will be granted. I must tell you that the newly elected mayor and newly elected councilmember have asked what would be required for the city to withdraw from participating in the project as it is presently proposed by the Westonka Community Center Board (WCCB). I am not certain as to their reservations about the project, but I suspect that the issues of: 1) Operating costs; 2) Low voter turnout at the bond referendum; and 3) A preference for demolishing rather than rehabilitating the existing Westonka Community Center, are in their thinking. Given these uncertainties, might it not be advisable to delay the bond sale until the new council is in place and in a position to fully consider these issues? I'm sure you'll recall that all of these points were discussed at length in the planning for WCCB, and perhaps on further reflection, with those previous discussions and decisions before them, the new council will view the project more forceably. I regret having to inform you of these matters at such a late date, but the newly elected persons' printed on recycled paper WESTONKA PUBLIC SCHOOLS I~IDEPENDENT SCHOOL DISTRICT NO. 277 5600 LYNWOOD BOULEVARD · MOUND, MINNESOTA 55364 December 4, 1998 Mayor and City Council City of Mound 5780 Lynwood Blvd Mound, MN 55364 Ladies and Gentlemen: I have received a letter dated December 2, 1998 from Edward Shukle, City Manager of the City of Mound (the "City"), detailing certain reservations concerning the City's commitment to the joint project of the City and Independent School District No. 277 (the "District") authorized by the voters at the December 4, 1997 election. Although Mr. Shukle's letter does not constitute official action by the City, and because the District has scheduled the sale of bonds to finance the project for Monday, December 7, 1998, I am compelled to respond in order to protect the interests of the District and in order to determine the appropriate course of action. In light of the reservations expressed in Mr. Shukle's letter, and upon the advice of our financial advisers and bond counsel, the Distdct has cancelled the bond sale originally scheduled for December 7. The District will reschedule the sale of bonds to a later date, but bond counsel and our financial advisers have further advised that in order for the District to proceed with the sale of bonds, it will be necessary for the City to grant the conditional use permit required for the project on December 22, 1998. Both the Distdct and the City have previously devoted significant resources to this joint project, and it is therefore unfortunate that the City's staff has expressed these concerns to the District at such a late date. I request that the City Council advise me of the City's official intentions with regard to the conditional use permit at its earliest opportunity so that the District may make plans with respect to the bond sale and the project. Pamela J. Myers, IPh. D. -] Superintendent C; Mr. Edward Shukle Westonka School Board members Len Rice, Dorsey Whitney, bond counsel WCC postponement of bond sales 12/98 RESOLUTION NO. 98- RESOLUTION REQUESTING A NINE MONTH EXTENSION OF THE DECEMBER 31,1998 DUE DATE FOR REVIEW OF THE CITY OF MOUND COMPREHENSIVE PLAN FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY PLANS WHEREAS, state statutes (Minn. Stat. §473.175-473.871 (1996) requires that cities (townships) review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative to the city (township); and WHEREAS, the City of Mound is required to review its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by December 31, 1998; and WHEREAS, the City of Mound has scheduled and budgeted to complete a review and update of its comprehensive plan by September 30, 1999; NOW, THEREFORE, BE IT RESOLVED, that the City of Mound requests that the Metropolitan Council grant the City of Mound a nine month extension to the deadline to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the city council, submit the plan to the Metropolitan Council for review. MEMORANDUM Hoisington Koegler Group Inc. To: Ed Shukle From: Mark Koegler Date: December 2, 1998 Subject: Comprehensive Plan Update Consistent with the City Council's directive to have the Comprehensive Plan document completed by the end of the 1~t quarter of 1999, a revised schedule is attached. Prior to submittal to the Metropolitan Council, there are three stages in the process that need to be completed. The first stage is the plan preparation which will by performed by our firm and MFRA by the end of March. Second, is the City review and approval process, which could be completed as early as the end of May. The third stage is review by adjacent communities and school districts, which by Statue requires a 60 day review period that would occur in June and July. Barring any delays in any of the stages, a submittal could likely occur the first part of August. To avoid any unforeseen delays the attached Resolution requests that the Metropolitan Council approve a nine month extension for a submittal by September 30, 1999. This date provides ample time for the plan preparation and review process and allows extra time for any unforeseen delays. The Resolution is in order for Council approval. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 Bills December 8, 1998 Batch 8100 Batch 8101 TOTAL BILLS 62,720.12 114,462.82 177,182.94 I'_J 0 Z / I ~ 0 I ~ -J ,( Z 0 "3 :Z~ >.. o I LUt.) C3C J I',, ia, · ~ UJ 0 I& 0 0 o 0 LU~.) ~,~ I Z *,~ 0,.. LU D.,. ,,~ I-',,5"' ! Z 0 0 0 01' U.JU r~ ~9 I Z "q: ~. I,LJ U o 0 UJ~.~ ~ December 8, 1998 PROPOSED RESOLUTION #98- RESOLUTION TO APPROVE A VACATION OF AN UTILITY EASEMENT LOCATED AT 5986 SUNSET ROAD, LOT 30, MOUND SHORES, PID # 14-117-24 42 0065 P & Z CASE #98-65 WHEREAS, the applicant, Richard Kryck, has requested the vacation of the utility easement currently used for sanitary sewer on his property at 5986 Sunset Road; and, WHEREAS, the applicant is proposing to vacate the easement and relocate it in order to build a garage; and, WHEREAS, Minnesota Statues, Section 412.851 provides that the City Council may, by resolution, vacate any street, alley, public grounds, or public way, or any park thereof, when it appears in the interest of the public to do so; and, WHEREAS, a public hearing was held by the City Council on December 8, 1998, as required by law; and, WHEREAS, the topography of the site limits the garage location; and, WHEREAS, the vacation request was circulated through the City staff and the applicable utility companies and there was no proposed use identified or no objection to the vacation. In addition, it appears to be in the public's interest to vacate this utility easement as it does not have a public use; and, WHEREAS, Staff has reviewed the request and recommended a new easement be recorded as shown on the survey; and, WHEREAS, the Planning Commission has reviewed the request and has unanimously recommended approval of the vacation of the utility easement; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota to hereby approve the request to vacate the utility easement as shown and described on the easement drawing dated 10-22-98 with the following condition: 5986 Sunset Rd Kryck Page 2 1. The new utility easement as described in the survey be recorded, . 2. The current easement remain active until the new easement/~i~ ~ recorded at Hennepin County. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings. It is the responsibility of the owner to record this Certified Resolution in the office of the County Recorder and/or the Registrar of Titles, as set forth in M.S.A. 412.851. ! DEC-02-1998 17:38 ~300 $. Hwy. No. ADVANCE SURUEYI NG 6124748267 Minnctouka, MN 55345 Phoac (6i2) 474 7964 Fax (612) 474 8267 RICHARD t gYCK SURVEYED: O~tober, 1998 D~: 0~b~ 22,1999 REVISED*: Octub~27, 1998 ~ ~g,~ei~ ~ of ~e ~e~, ~ no~c~ ~ ~c~ was a 3 Ic~ ~o~ ~ s~ ~s ~ v~i~ ~ ~ m I~ $~d at LEGAL DESCRIPTION: All that part of the West 69.34 aeeet of Lot 30 as measured along the South linc thercof lying North of the South 474.2 feet aa measured along the East md We~ lines thee'eof in "Mound Shores", Hennepin County, lVl'~nnesota. LBGAL DESCRIPTION OF PART OF SEWER EASEMENT PROPOSED FOR VACATION: All that pan of thc followin~ described strip that lies within thc West 69.34 feet of Lot 30 as mcasurcd along thc South linc thereof in "Mound Shflr~", Henn~in County, Minnesota: A suip of land which lies 15 foet on both sides of the following descn'bed c.~r line: Commencin$ at the Southwest corner of Lot 29 in said "Mound Shotes"; thence South along the East line of said Lot 30 a dislznce of 11 feet to thc point ofbe~nni%a of the ce~.r ~ u~ be descn'bcd; thcncc Northwesterly deflc~ins to thc right 135 dct~s from the prolonsnfion of the last descn'ocd linc, f~r a distance of 105 feet; thence dafleetin~ t~ thc left 32 dei~ees from the prolc~ation of the last described line to the m~rse~ion with the West line of said Lot 30 and said cent~ linc thc~c wnnina~. LEGAL DESCRIPTION OF PROPOSED REPLACEMENT SEWER I~ASEMENT: The North 20 feet of the West 15 feet ofgne Sou~h 601.5 feet of Lot 30; ',he North 13 feet of the South 581.5 feet of thc West 69.34 feet of Lot 30 and the North 10 feet of thc South 566.5 feet of thc East 10 feet of the Wcst 69.34 feet of Lot 30; all in "Mound Shores", Henncpia County, Minnesota. SCOPE OF WORK: !. Showing thc length and ~on of boundary lines of the abo,~ leB~tl description. TI~ scope of our services docs not include d~t~m,;-;-g what y~u own, which is a legal n~tter. Please check the lelpd descrip-=~on with your records or consult with competent Ie~al counscl, if necessary, to make sure that it is correct, and that any mattem of record, such as easements, that 2. Showing the location of exis~ag ~~s we docmefl important. 3. Seeing new monuments or veri~ing old mommaents to ma~k the corners of the ptx~-'rty. 4. While we show proposed ~m,nrovemen~s m your property, we not as f~aafilJar with your plans as you are nor are we ss familiar with the requLremants of $ovemmemal agencies as their employees are. We suggest that you review lhe survey to coufirm that the propo~al~ ate what you in~end and submit the survey to such governmeutal agencies as n~sy have jurisdiction over your project to gaiu their approval~ if you can. 5. Showing a proposal for a descripfioa of a zeplacemem easement and mpLacemeat s~wer line for an existing sewer line that runs under your proposed addition for your review and f~r the review of such governmental agencies as may btve jurisdiction over su~ a proposal. STANDARD SYMBOLS & CO--IONS: %" Denotes I/2" ID pipe with plastic plul~ bearin~ S~ate License Number 9235, s~ if"o" b ~led in., then denotes ~tm~ iron monm'-e~t. CERTIFICATION: I hereby ceni~ that this survey was prepared by mc or under my direct supervision and that I am a Prcrfcssional ~cc~ and a Ptofcsaiannl Survcynr under thc l~ws of thc Siatc oflVfi-ncsota. P.02/02 TOTRL P.02 DEC-02-1998, 15:87 ., ADUANCE SURUEYING 612474826? P. 02/02. I I 1 ~UIV~ET t~OAL~ TOTAL P. 82 Mound Planning Commission Minutes November 23, 1998 MINUTES MOUND ADVISORY PLANNING COMMISSION MONDAY, NOVEMBER 23, 1998 DRAFT Those present: Chair Geoff Michael, Michael Mueller, Cklair Hasse, Frank Weiland, Becky Glister, Bill Voss, Orv Burma, 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. Public Present: Dr Pam Myers, Bob Bittle, Bob Brown, Leah Weycker, Bill Pinegar, Richard Kryck, Duane Norberg, Bert Haglund, Vern Brandenburg, and David Braslau. Meeting was called to order at 7:34 p.m. by Chair Geoff Michael. MINUTES - APPROVAL OF THE NOVEMBER 9, 1998 MINUTES OF THE PLANNING COMMISSION MEETING. Weiland stated that on page 4 under "Submittal page A-2" #4, should state, "Designate an area on-site to land bank an additional 74 parking spaces for future use if necessary." MOTION by Weiland, seconded by Hasse to approve the corrected Minutes of the November 9, 1998 Planning Commission Meeting. Motion carried 8-0. Chair Michael recited the procedure for Public Hearings. BOARD OF APPEALS: PUBLIC HEARING: CASE #98-65: UTILITY EASEMENT VACATION, TO CONSTRUCT A DETACHED GARAGE, RICHARD KRYCK, 5986 SUNSET ROAD, PID # 14-117-24 42 0065 Loren Gordon presented the case. The applicant has filed a request to vacate a utility easement currently used for a sanitary sewer. The easement provides service access to the residential lot directly west of the property. The applicant is proposing to vacate the easement and relocate it in order to build a garage. The topography of the site limit the garage location. Staff has reviewed the request and recommended a new easement be recorded as shown on the survey. Minnegasco has also reviewed the vacation request and has no objections. Staff recommends the Planning Commission recommend Council approval of the utility easement vacation as requested with the following condition. Mound Planning Commission Minutes November 23, 1998 DRAFT 1. The new utility easement as described in the survey be recorded. DISCUSSION: Weiland asked about where the easement is. Gordon explained where the easement is located. Weiland asked if the easement goes down to the lake. Gordon stated no it does not. Weiland asked if the easement is vacated does the vacated easement get split and goes to adjacent property owners. Gordon stated that the easement is solely on the Kryck property and the manhole will remain. Weiland asked about the telephone lines that run through there. He commented that should be checked it out. MOTION by Weiland, seconded by Mueller to recommend staff recommendation. Gordon stated that this is a public hearing. Weiland and Mueller retracted their motions. Chair Michael opened the public hearing. No one spoke during the public hearing. Chair Michael closed the public hearing. Mueller requested that the current easement be active until the new easement be recorded. MOTION by Weiland, seconded by Mueller to recommend staffs recommendation with the additional condition of the current easement remain active until the new easement is recorded at the courthouse. Motion carried 8-0. This case will go to City Council on December 8, 1998. 2 CITY OF MOUND MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE #98-65 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A UTILITY EASEMENT VACATION LOCATED WITHIN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, AT 5986 SUNSET ROAD, LOT 30, MOUND SHORES PID # 14-117-24 42 0065 P & Z 98-65 NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, December 8, 1998 to consider the approval of a utility easement vacation located within the R-1 Single Family Residential zoning district. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeti~g.-~'.--~"-~,..../'"'-Y"-~'".,~ ~ Kris ..... Li''''-''~' ~q~, P~'n'~g)Secre~a'r'y Mailed to property owners within 350 feet of affected property on November 24, 1998 Published in the Laker, November 28, 1998 printed on recycled paper PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound Council, Planning Commission and Staff FROM: Loren Gordon, AICP DATE: November 24, 1998 SUBJECT: Utility Easement vacation request APPLICANT: Richard Kryck CASE NUMBER: 98-65 HKG FILE NUMBER: 98-5hhh LOCATION: 5986 Sunset Road COMPREHENSIVE PLAN: Residential BACKGROUND/DISCUSSION: The applicant has filed a request to vacate a utility easement currently used for a sanitary sewer. The easement provides service access to the residential lot directly west of the property. The applicant is proposing to vacate the easement and relocate it in order to build a garage. The topography of the site limit the garage location. Staff has reviewed the request and recommended a new easement be recorded as shown on the survey. Minnegasco has also reviewed the vacation request and has no objections. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approval of the utility easement vacation as requested with the following condition. 1. The new utility easement as described in the survey be recorded. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 Rev. 1/30/97 Application for STREET / EASEMENT VACATION City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: City Council Date: Application Fee: $250.00 CityPlanner )1'5-9g Minnegasco li-5-q8 City Engineer }!-~.Z:~_~_ Police Dept. I%-'~-O~ GTE Public Works %~i~-~_~ Fire Dept. Other ~lease t ,e or )tint the following in~ '~n: Adjacent Address ~ ~ ADJACENT PROPERTY Name of Business (APPLICANT'S ~D Block Plat, ~/~ PROPERTY) Lot ZONING Circle: ~-~ R-lA R-2 R-3 B-1 B-2 B-3 DISTRICT OF STREET TO BE VACATED FOR REQUEST PUBLIC NEED FOR THIS ~ND? Date Print Applicant's Name Applicant's Signature Date 28.9 - - - 18.91 AS PER PAGE 208, BOO( 2520 I Zl  ~"ROAD EASEUENT AS ' PE~ DOC..185978 ,, , ~ EX]S11NG ' '.---' ~t'"~-~N; S~ UN; RECEIVED 0 C T 2 8 1998 MOUND PLANNING & INSR CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE #98-65 NOTICE OF A PUBLIC HEARING TO CONSIDER THE APPROVAL OF A UTILITY EASEMENT VACATION LOCATED WITHIN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, AT 5986 SUNSET ROAD, LOT 30, MOUND SHORES PIDS # 14-117-24 42 0065 P & Z 98-65 NOTICE IS HEREBY GIVEN, that the Planning Commission of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Monday, November 23, 1998 to consider the approval of a utility easement vacation located within the R-1Single Family Residential zoning district. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. . "Y~-r'~-l~uist,/Pla?. n./'~g Secretary Mailed to property owners within 350 feet of affected property on November 10, 1998 Published in the Laker, November 14, 1998 printed on recycled paper Mmnegasco' A XOlP. gllvI ENERGY COMPANY Peggy James Planning & Inspections 5431 Maywood Road Mound, MN. 55364-1687 RE: Sewer Easement Vacation Case #98-65 Minnegasco easement number 65-19 November 6, 1998 Dear Ms. James: With reference to the proposed easement vacation mentioned above, Minnegasco does have an existing natural gas service line in a portion of the easement to be vacated. However, Minnegasco does have an exclusive easement recorded in Book 2520 of Deeds on page 208 as document number 3574935, as shown on the survey for Richard Kryck. A drawing of the easement is enclosed for your reference. Minnegasco therefore has no objection to this vacation. Thank you for the advance notice and please send me a copy of the "final action" of this proposal. Respectfully, MINNEGASCO Steven Von Barg(~n Right-of-Way Administrator 700 West Linden Avenue P.O. Box 1165 Minneapolis, MN 55440-1165 GENEILAL ZONING LNFOI~fATION SIIEET .,..-f.d.~ .J~rua-~l r~C~. ~--I : ,--A--~A:IO000 ~ ~"EA"I~O00~r- Required Dt .ldth: ~ I ..... (frontage on an improved public Existing ~t Width_ ~ ' */~ _, Depth ~ F ~/, SE?BACKS REQUIRED~ PRINCIPAL BUILD~N~ -- FRONT, SZD,, . s , ~0 ' ~ N EXISTING ~/OR PROPOSED 8ETBACKS~ FRO~ FRONT ~ N S E W SIDE: N S E W SlO~: N S E W ~SHO~ ACCESSORY BUILD~I~e~ FRONT: N S E W FRONT: N S E W SIDE: N S E W _ 4' or §' SIDE: N S ze W 4' oz' I~' REAR: N S E W 4' LAKESNOP~: _. S0' /measuredJrom O,~.W~ ) IS THIS CONFOm4INO? XES FRONT: N S e W FRONTI N $ E W SIDE: N S E W REAR: N S E W LAKESHORE: WILL THE PROPOSED IMPROV~MENaT$ ACCESSORY BUILDI~ CONFORM? YES NO. . ,r::., :,L' ~ ~ ~v " '~ . ~O · . ~ ~ ...... '. .;~., -'.,'..U~ .... , ~ · ~ ' . .< ;. ,; . .;: ~ . '~5~. ?,..~.- ~. :.: _, --'. ~. -.. .<'k. :';.,-/ ' ' ' . · ,-.Q-. 3<' '-' f ..."5-5'. ..~-.-g .... ¥ :.::? ~ o ~ . o ~ o ~ - .- ~ ~ :5'." )a ~ :'?'~ :':-:'o ZO' December 8, lgg8 RESOLUTION #98- RESOLUTION TO APPROVE AN OPERATIONS PERMIT TO ALLOW WAREHOUSE AND OFFICE SPACE FOR TRIAX TELECOMMUNICATIONS LOCATED AT 5308 SHORELINE DRIVE (BALBOA BUILDING) WHEREAS, Triax Telecommunications will maintain an office and warehouse area of 8,131 square feet for warehousing of parts used for cable television installation, and; WHEREAS, the warehouse will have one full time employee that will oversee the daily operations during the business hours of 7 a.m. to 4 p.m. Monday through Friday. The business operations necessitate coordination with cable installation contractors who will be on site as needed to schedule projects, and; WHEREAS, cable television equipment that will be stored on site include the following materials: cable and fiber-optic wire, connectors, splitters, grounding wire, galvanized stakes, cable boxes made of metal and plastic, car type batteries, and other hardware used for cable installation. Most of this equipment will be stored on wood pallets with cable wire wound on large wooden spools, and; WHEREAS, Triax anticipates three deliveries and three shipments per day during normal business hours by semi-trailer and smaller delivery trucks, and; WHEREAS, warehousing is permitted in the PlA district as stated in Section 350:680 Subd. 6(B)(2), and; WHEREAS, adequate parking is available for employee use within the property and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Triax Telecommunications for an occupancy of approximately 8,131 square feet within the Balboa Building, providing that the nature of the business and products stored on the premises remains essentially unchanged. Approval is conditioned on compliance with all building and fire codes. PLANNING REPORT Hoisington Koegler Group Inc. TO: Mound City Council FROM: Loren Gordon, AICP DATE: December 8, 1998 SUBJECT: Triax Cablevision Operations Permit - Balboa Center OWNER: Balboa Center Ltd. Parmership LOCATION: 5308 Shoreline Drive EXISTING ZONING: Planned Industrial Area (PIA) COMPREHENSIVE PLAN: Industrial BACKGROUND: Triax Cablevision has submitted an operations permit for space they are currently occupying addressed as 5308 Shoreline Drive. Neighboring businesses include Diamond Animal Health and Infiniti marketing. The space encompasses approximately 8,131 square feet, with warehousing area occupying over 8,000 square feet and office space over 100 square feet. The space will be used to warehouse cable television equipment including cable and fiber-optic wire, connectors, splitters, grounding wire, galvanized stakes, cable boxes made of metal and plastic, car type batteries, and other hardware used for cable installation. Most of this equipment is stored on wood pallets, the cable wire is wound on large wooden spools. Warehousing is permitted in the PIA district as stated in Section 350:680 Subd. 6(B)(2). Improvements to the space are minimal as most of the inventory is organized on the floor and stacked on pallets. The office space includes a room for the warehouse manager and a conference room used periodically by contractors for coordinating projects. A manager, responsible for the facility and inventory will occupy the premise during the hours of operation from 7 a.m. to 4 p.m. Monday through Friday. Other people at the facility include various contractors that will use the conference room on an as needed basis for project coordination. Triax anticipates an average of three deliveries and three pickups per day. Deliveries will be made by semi-truck and other commercial delivery companies such as UPS, RPS, and Federal Express. Pickups will be made by local installers and contractors typically using smaller pickup trucks and vans. In addition to the warehousing space, Triax will be submitting an application for a 50 feet by 50 feet outdoor storage area. The storage area is proposed to be located at the west end of the parking area along Lynwood. This application is not part of this review as it requires an update of the conditional use permit. The case is anticipated to go to the Planning Commission in January. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 Triax Cable Operations Permit December 8, 1998 As of the writing of this report the Fire Inspector had not yet inspected the space. Any fire and safety issues that are recommended need to be adhered to by the tenant. DISCUSSION: The proposed company operations fit within the range of uses outlined for the Planned Industrial Area District. As primarily a warehousing operation, the building is certainly conducive to the company operations. There will be a total of 6 of truck trips per day generated by the use, including deliveries and pickups. They are scheduled to occur during the warehouse hours of operation Monday through Friday 7 a.m. to 4 p.m. which is a compatible traffic schedule with the surrounding neighborhood. Aside from a pending outdoor storage permit, Staff has no other concerns with the use. In evaluating the merits of a conditional use the Council may make the following findings in rendering a decision. These conditions which may be considered include but are not limited to the following: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. 2. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3. That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. 4. That adequate measures have bee or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. 5. That adequate measures have bee or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that non of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will resuk. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 8. The use is not in conflict with the policies plan of the City. 9. The use will not cause traffic hazards or congestion. lO. Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. RECOMMENDATION: Staff recommends the Council approve the operations permit for Triax Telecommunications as requested with the following condition: 1. The Fire Inspectors recommendation for compliance to any fire and safety code issues be adhered to by Triax Telecommunications. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 OPERATIONS PERMIT APPLICATION CITY OF MOUND, 5341 MAYWOOD ROAD, MOUND, MN 553~604 Phone: 472.0600, FAX: 472-0620 City Council Date: I,~- b- _ Operations Permit Fee: Distribution: City Planner: I[- I~-~(~ Building Official Other:'~ ~c~'~(.~"3~-y,_<,- ~ ~- ~°I Uses by Operations Permit'~ Within any Planned Industrial Area, no structure or land shall be used for the uses listed within the Zoning Ordinance, Section 350:680, Subd. $. (attached), except by operations permit. Criteria for granting operation permits is the same as listed in Zoning Ordinance Section 350:525, Subd. 1, A - L (attached). All operations permits must be approved by the City Council. Applications must be received two weeks prior to the City Council meeting to allow time for staff review. The City Council meets on the second and fourth Tuesday of each month. The City Council meetings are held at City Hall in the Council Chambers, and commence at 7:30 p.m. The applicant or a representative is encouraged to be present at the meeting. Section 1 - Application Information CITY' OF ~.our~? ~25o.oo ~ 1. Street Address of Property: 2. Legal Description of Prpperty: Lot Additi°n ~-~,~!!0~ ~t(:~ ~'~' PID Owner's Na~rne: ~)~,~/'~J/~~'~/~-~ Phone~,l z) ~ 7--770 ~ Address: - Applica~ (if other than owner). _ ~3 7-/O ~O ~uaress /~ ~~~ ~ ~ O~ , ~ :' , Section 2 - Business Information Block 1. Name of Business 'Tv~ FcLq(' 2. Total Floor Area ~, !-~ i _~¢ r~. Manufacturing Area Sales Floor Area Office Area Warehouse Are~ _ Other (please specify) Describe Nature of Business Wholesale Retail e Location (cite unit number or attach floor plan) ~'~,~ 8 Number of Employees: l"t shift j/ 2°d shift ~rd shift Adjacent Uses (list businesses) Section 3 - Business Operations 1. Describe Pro.ducts produce~ or services offered (attach product brochures if .. ~x~-~ r--- available) What types of materials will be shipped into and/or stored within the premises ? ~w~ -(~.'~-~¢.~,~,,~.. c~ 1,~o)/.7~z~,-¢~¢ Will materials be shipped by: rail Semi truck ~ Other (specify) ~, ~,.~'- ~? 77u.,e.~ Will delivery vehicles be stored on the property? Yes No ~ Does the business plan future expansions at this location? Yes __ No ~ If yes, describe amount of anticipated expansion and timing. Will the business require any modifications to the exterior of the existing building including but not limited to doors, windows, overhead doors, cooling towers, HVAC units, etc? Yes No ~ If yes, please describe and attach a floor plan and exterior building elevation drawings. Will the proposed operation involve: Noise Generation' Yes ~ If yes, describe source and amount No Odor Generation: Yes No ~ amount · If yes, describe source and Toxic and/or Hazardous Waste Generation: Yes If yes, describe source and amount No ~ Provide a detailed listing of all chemicals which will be discharged into the sanitary sewer system. Will the operations include either interior or exterior storage of bulk chemicals? Yes ~ No ~X~ If yes, attach floor plan and/or site plan showing location and describe spill/leakage containment provisions. Other than chemicals, will the operation require outdoor storage of an materials~ Yes ~ ~,~ ,- - .. ~ · - ,~,, · ~ yes, oescrl~e materials and attach site plan showing locations and identifying proposed screening by type and location. ~ Section 4 - Certification I certify that all of the above statements and the statements contained in any required papers and 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 notic~e~as may be required by law. Signature of Applicant ~.~.. 7~_~ ~__~,~z.~..~_~_~ Date Section 5 - City Review and Action Reviewed by: Building Official City Engineer City Manager Fire Chief Other City Planner MATERIALS STORED AT 5308 SHORELINE DR. · CABLE USED IN CABLE TELEVISION, WHICH INCLUDES FIBER-OPTIC, UNDERGROUND, OVERHEAD (HUNG FROM TELEPHONE POLES), AND SMALLER GAGE THAT CONTECTS TO CUSTUMERS HOMES. MOST CABLE IS COOPER WITH A PLASTIC SHEETH. · DIFFERENT TYPES OF CONNECTORS, AND SPLITTERS USED TO SPLICE CABLE TOGETHER, OR CHANGE THE SIZE. THESE ARE MADE OF DIFFERENT TYPES OF METAL, AND ARE MADE TO PROTECT FROM WEATHER. · COOPER GROUND RODS, AND WIRE. · CALVINIZED WIRE AND GROUND RODS, OR STAKES. · BATTERIES, USED TO BOOST SINGNAL. UP TO 150 ON SITE AT ONE TIME. · MOST PARTS STORED ON WOOD PALLETS, PLUS A STACK OF TWENTY ON HAND. · ASSORTED HARDWARE USED TO INSTALL, COVER, HOLD, SPLIT, HOUSE, OR OTHER RELATED TO CABLE TELEVISION. Telecommunicatlm Shorel Dr. Mound, MN 55364 November 17, 1998 Triax is a cable television company. Our primary goal is to provide excellent cable television pictures Tdax Telecommu~ons Company, LLC. is the successor company to Tdax cornmunications corporation which was founded in 1982 and has been lhe management company for a number of cable television limited partnerships. Triax has restructured its cable television assets into systems, which are prirna~ly located in Minnesota, Illinois, Wisconsin and Iowa through the recapitalized partnership of Triax Midwest Associates, I_ P. Tdax is a ~ company and is highly respected in the cable industry and the finandal community. Triax intends to use the space Icx:ated at 5308 Shoreline Dr., in Mound as a warehouse, storage area. Triax has a number of projects, such as upgrade the Minnetonka television cable system. As parts needed for such a project are shipped from a vendor, T~ax requires space to accumulate these parts until all the parts needed have arrived, and the project can proceed. Triax also intends to maintain an invent(xy of parts needed for repair, home installation, and upgrades for local subscribers. A list of materials that will be warehoused at this location is attached. television. Triax will maintain the area in a p~-c,'essional manor, making sure it does not become unsightly or hazardous. The Tdax "wa~house" will operate ~ 7am and 4pm, Monday trough Fdday. One pa"son will be on site dudng these houm. The second ofrme maybe used by a co,~act coordinator on an unscheduled basis. The iiari'~ at the '~arehouse" will consist ~ semi-tnJcks, UPS, RPS, and Feder~ Expre~___ deliveries. On average, this is three tolal deliveries a day. Materials will be picked up from the "warehouse" by local installers and contractors using pick-up lrucks for the most part. On average three pickups are Robert Messano (Bob) T~]x Telecommunicalions 5308 Shoreline Dr. Mound, MN. 55364 T~ephone 472-3091 Fax 472-4130 TR I/kX CAB LEVI S I0 N Robert Messano (Bob) Triax Mound Warehouse Phone Number (612) 472-3091 Fax (612) 472-4130 Office Triax Engineering 14162 Commerce Ave. Suite 100 Prior Lake, MN 55372 Phone (612) 440-9650 Fax (612) 440-9660' Attn. Lynn Mayer Corporate Headquarters Triax Telecommunications Co. L.L.C. 100 Fillmore, Suite 600 Denver, Co. 80206 Phone (main) (303) 333-2424 Out-of-state (800) 541-7056 00T-13-98 TM' 11:22 ~ i,,IELSH OOS. PROPERTY MGMT F,~ NO. 3390585 TEXHIBIT "B" P. 03 ! I oo 0CT-13-98 TU E i1:22 RI9 IJEL SH CO . PROPERTY MGMT BocuHlv ~e~sic shall be rewrned to L~ee. thereof es ~ r~ult of Ih0 ~ovisions of [1~ p~agreph, ~ ~m of ch~ Leass 0r 8nV r~wal thoreot, m u~on z~ ear,er lamination of ~is Lease. Lessee shall ha~ no r~h~ ~ en~icipa~ ~um of s~0 depo~i~ by wi~hholdlng any amo~ otherwise conv~ or dispo~ of i~ interest n this Cea;~, ~esm may a~i~ s~id se~r~ deposit or any balance ~emor ~eslgn~, w~reupon ~ssM s~1l ~ re~osoa ~rom a6 6abgi~ for the r~n or repaymen~ et such secmky deposit a~ ~otely to ~ said ass;~e for the r~um ~ repayment o~ said ~cuh~ ~ep=~t. ~ai~ se~riw ~ ~a[I encumb~ed ~ Levee wi~ut t~ ~en ,cons~t of,L~s~..~ uny a$sign~[ or en~mbran¢O wJthe~ SuCh conSont Lasso. n ;he evem of any righ~l and pormJ~ed asslgnmen~ of this Lease by L~soe, said se~y deposit shall ~ d~emed ~ssor 8g a depodt m~de by the assignee, and Le~sor s~all n~ve no further liabiliw wi~ respe~ to ~e return of sa~ ~OC~ de.sit TO tl~e Les~e. The Demised Premises shall be used and occupied by ~.~see ~olely for ~he purposes of qonetal office and s~rage of inventOry and ecluipment associated ~:h ~un~ cab~ i~.,~ so ~ona ~-~b~ use ~ ,n ~ ~nonces a~ govemmemal reg~at~ and Premises. T~ Dem~ ~em~ ~r tl~ot, in aoomdande w~h any requirement of law or of any public a~iw, Lessor shall ~ o~ 0ed on aocoum of the purpose or manner o~ &aid ~Re to make any ~d~on or ol~a~ion tO or ~ the B~ldlng. T~ Demand Premises ~hall not ~ used in a~ manner which will ~croeee the ~e~ required ~o for fire a~ e~ndod oover~e in~ran~ coveri~ ~ss~ ~1~ o~py t~e O~ised P~e~es, oon~ i~ business and comrol its agent. ~o~es. inv~ee8 and visko~ in is awful a~ reptnablo on~ wJ~ no: ~rmk or ~eate any nui~e. noise, od~. m o:he~e interfere ~enant ~ U~ Buildl~ ~ i~ normal ~u~ness manag~m of ~o Bu~l~ng. Loser's use of t~ D~is~ Promi~ equico:, ~ope~Y or ~o:eHals owned or Levee er ~Q ~omers and ~up~s shall not ~0 perm~ed. ACCESS TO DEMISED PREMISES: 12. The Lessee agrees To permit the Lessor and the author[zed reprosectativeS of the Lessor to enlet The Demised Premises at all Times during usual business hours UpOr~ reasonable verbal nolJc~ for the purpose of inspeC[ing the same and making any necessary repairs 'co the Demised Premises and performing anV work therein ~l~at may be necessary to comply with any laws, ordinances, rutes, regulations or reauiremenES of anv public autho~¥ or of the Board of Fire Underwriters or any similar body or that the LesSor may deem necessary To prevent waste or deterioration in connection with the Demised Premises. Nothing here n shal imply any duw upon the part of the Lessor to do 8ny such work which, under anY prey sion of this Lease, the Lessee may be required to .perform and the performance d~ereof by the Lessor shall not eon~stute a waiver of ~ Lessee's default in foiling to perform tlle same. The Lessor may, during the progress of any work in the Dem~ed Premises, keep and store upon the Demised Premises all necessary materials, tools and equ~ment. The Lessor shall no: in any event be liable for inconvenience, annoyance, distu(10ance, loss of business, or other damage o! the Lessee by reason of making repairs or the performance of any work in the Demised Premises, or on,aceoullt.~o.f b~inging m-~tcrials, supplies and equipment into or tnrough m~ Dem~ed Premises during the course thereof an~ ~he obligations of the Lessee un(let Thi~ Lease shall not Thereby be affected in any manner whatsoever. Lessor reserves the right tO enter upO~ the Demised Premi=e= o: any time in the event of an emergency and at eeasonable hours upon reasonable verbal notice to exhibit :he Demised Premise= to prospe~we purchaSers Or other~,, and ~O exhlbi/ the DemisC~J Premises to prospective Lessees and to the display "For Lo~' or ~iiml~3~ signs on wi~qdow$ or door& in the Demised Premises cJuring the last One HundreO Twenty (1201 days ~f thc term of this Lease, ali w~theUt h~ndrance 6r mOlostaz~-b'~by Les~e. FRX NO, '3390585 05 EMINENT DOMAIN:~ 13. In the event of any eminent domain or cOn.rosaries proc0e~ng m ~iva~e sNe ~ ~u thereof in ro~c~ ~o ?c Premises dur;~ ~a term thereof, ~e following provolone shalr apply: a. I~ ~e wh~e of the Premises sha~ be ac~uk~ ~ned by emi~nt domain for any Du~ic ~ qu~i~u~ie ~. then ~ te~ of ~is Lease shal cea~ a~ te~inate as of ~e date ~ssession shall ~ ~ken in sUCh preceding and all rentals s~ll ~ pa~ up ~ that date. b. R ~y P~ ~ns~ut~g less ~an Premises s~ be acauir~ or ~ndemned as aforesaid, end eve~ ~at such pa~iN taki~ or condemner, s shall ~edally aflo~ the De.sea Pm~s so as to rend~ ~e Dem~ed Premiss unsuita~e for t~ ~si~ss of t~ ~ssee, in the reasonable option of LessoL then the t~m of this Lease ~all ~ase and terminate the d~e ~s~ion shall be taken by ~e ~ndemnlng aut~rlty ~d rent 5~11 be paid to ~e d~e of ~ch termlnat~n. [n ~ ~ent of a ps.iai ~aking condcmna~ion of the ~s wh;~ s~O not ma~e~iall~ ~e~ ~ Demised Premises so to re~ the D~ Premises ~sui[able for the ~.~see. in ~e reachable opinion d tl~ Less~, tl~ Lease shall condn~ ~ full force a~ effect b~ ~ a propo~ion~e abatemem of ~e ~ase Rem a~ ~d~onal Rem based on ~he po~ion, if any, Of daVe fOllo~g ~ d~e pos~ssio~ snail DO taken e~ mu a~. et ~'s intends to r~t~e. Upon ~es~r ele~ien to re~. Lessor s~ll ~ence ~totateon a~ r~mre t~ Bu~ing a~ t~ Demi~e~ Pre~ises prom~, su~ to delays be~ Le~sor s con~ot and eezays t~ maki~ of ~emna~n or sale proceeds adjustme~s by ~ss~: end L~see shall have ~o right to ~minate this Lea~ excc~ as herein provided. Upon ~m~6~ion of such ~eszoraZion, the r~t shall be a~ based u~n ~Re po~ion, if ony, of the ~mlsed Premi~ re~or~. In the event of any condemnation afor~d,=~hether w~le or ps.iai, the ~=aoe sh~l not be ent~ed ~o any part of the award ~id for ~ con0emnation a~ Lessor is to ~ccoi~ the full amoum of su~ awed, the Lessee ~reby ax~esslV waiving any r~h: to claim TO any pa~ d. A~h aa d~ages in t~ evem o~ any co~emn~lon Shaft ~ to ~e L~or ~ether ~uc~ ~amage~ awar~d as ~mpensatlon f~ dimities tn value to ~e [~ Of the D~ed ~em~, Lessee shall ha~ ~aim and recov~ ~m ~e ~n~mni~ eu~h~[y, ~ :,ct f~m Less~, ~ c~pen~ion as may be so~ately av::rded all d~maoe ~ ~ssoo'~ ~ine~ ~ reaso~ o~ ~a for or on acceun~ of any c~ ~ 1ess ~ wnicn ~esseo mig~ remov;~ Le~ee'~ mercha~i~, f~ure, ~. leose~ impro~men~ m~d equi~e~ However, LeSSee s~ll aga~ ~or ~ moKe ~ cialm w~ ~e condomnlng ~u~r~ for tho ~ of i~ leasehold ee~te, any un~Xpked ~erm or ~S~le ron~wsI m oxtonsi~ of ss~ ~ese or Io~ of any possible Lease. DAMAGE OR DESTRUCTION: 14., In the event of any domage or de, s~'yct[o.n, to.the Pre.m.'?~__ by fire or other cause during the term hereot zne TOllOWlng prowS~Ons shall apply:. a. If the Building is damaged by fire or any othe~ cause To such extent that The cost Of restoration, as reasonably est mated 0¥ Lesso~, win equal or ,exes. ed. thiny.perc.en.t._(_3_O,%...!_.of_t.~r ---'---~n[ value af the Building lexcJusn;e ct Iou~r~on~ ju.=~ ~.~ of ,he al.me..e, then Lo.or ?v, no later t.an sixtieth (60th) day following the damage, give Lessee wri~en nogce Ot Lessor's elecT~on to terminate -.his LeaSe. b. If the cost of res~or~mn os. es~.'m~ed by will equal or exceed fifty percent i50%) of said replacement vmue m the BuiRfing a~[ if ~he Demised Premises are nat Suitable a= a result of said damage for the purposes tot which they are demised hereunder, in the reasonable opinion o~ Lessee, then Lessee may, no later thaA the sixtieth (BOth day following the damage, give Less~ written notice of elect~on to terminate Th S Lease. c. If the cost of res~oratlon as estimated by Les&or shall amount TO less tl~an thirty porcer~ ($0%1 of said replacement value of the Building, or it, despi~e thc co.~T, Lessor doeG not elo~c terminate this Lease, Lcssm ~nall rc~.-~O~o the ~iiding and the Demised PremiSeS with reasonable promptne-r~, .Su~ec[. to beyond Lessor's control and delays in the making Ct ~suranCe sdju~'men*,~ by..Lessor; and Lessee shall not be reepor~i~e restoring or repatnng leasehold improvements of the d, In the event of either of The eleCTionS tO terminate. This Lease shall be deemed to terminate on the date of the f. ~mdl~oaul'U P9 7Ve~.c%tria~,do¢ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMOEAIIfDI, fM DATE: December 3, 1998 TO: FROM: SUBJECT: City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~ [ NOVEMBER 1998 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 35 building permits issued in October for a construction value of $ 998,957. we issued 20 plumbing, mechanical, and miscellaneous permits for a total of 55 permits this month, and 734 permits year-to-date. Total valuation now stands at $ 5,749,404. Two (2) more permits have been issued to repair damage to property due to the storm and high winds that hit on May 15, 1998. PLANNING & ZONING The Planning Commission reviewed FOUr (4) cases and sent Two (2) variance case and One (1) Street/Utility vacation to the City Council. One (1) Conditional Use Permit case was tabled. kl printed on recycled paper December $, 1998 RESOLUTION ID8- RESOLUTION APPROVING THE FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $2,893,580; SETTING THE LEVY AT $1,868,660 LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $491,790, RESULTING IN A FINAL CERTWIF-D LEVY OF $1,376,870; APPROVING THE OVERALL BUDGET FOR 1999 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following final 1999 General Fund Budget appropriations: City Council 73,000 Promotions 4,000 Cable TV 1,500 City Manager/Clerk 196,900 Elections/Registration 3,150 Assessing 64,800 Finance 176,020 Computer 27,550 Legal 103,480 Police 1,048,010 Emergency Preparedness 4,960 Planning/Inspections 224,370 Street 472,050 City Property/Buildings 82,690 Parks 170,950 Recreation 38,410 Contingencies 20,000 Transfers 181,740 TOTAL GENERAL FUND 2,893,580 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following taxes for collection in 1999: SPECIAL LEVIES Bonded Indebtedness Unfunded Accrued Liability of Public Pension Funds Total Special Levies TOTAL OPERATING REVENUE LEVY TOTAL TO BE LEVIED FOR 1999 Less Homestead Agricultural Credit Aid (HACA) FINAL CERTIFIED LEVY December 8, 1998 85,950 33.350 119,300 1,749,360 !,868,660 -491,79Q BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the final overall budget for 1999 as follows: As per above 2,893,580 SPECIAL REVENUE FUNDS Area Fire Service Fund Capital Improvement Fund Cemetery Fund Dock Fund TOTAL SPECIAL REVENUE FUNDS 409,680 1,016,680 6,970 92,710 1,526,040 ENTERPRISE FUNDS Recycling Fund Liquor Fund Water Fund Sewer Fund TOTAL ENTERPRISE FUNDS 126,780 576,390 446,150 920,390 2,069,710 December 8, 1998 SUMMARY General Fund Special Revenue Funds Enterprise Funds TOTAL ALL FUNDS 2,893,580 1,526,040 2,069,710 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, hereby held a Public Hearing on Monday, December 7, 1998, for consideration of he 1999 Proposed Budget and determined that the December 14, 1998, meeting was not necessary. City of Mound BUILDING ACTIVITY REPORT Month: NOVEMBER Year: 1998 THIS MONTH YEAR TO DATE NEWRESIDENTIAL CONSTRUCTION II tl PERMITS t # UNITS I VALUATION II#UNITS I VALUATION SINGLE FAMILY DETACHED i i 80,000 8 954,384 SINGLE FAMILY ATTACHED (CONDOS) TWO FAMILY /DUPLEX 2 2 665,788 4 l, 349,803 MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS / MOTELS) SUBTOTAL 3 3 673,788 12 2,304, 187 OFFICE I PROFESSIONAL .u~uc ~ sc.oo~s SUBTOTAL ADDITIONS TO PRINCIPAL BUILDt~ 2 102,96 t 32 1,324,509 ~tc~s 6 18~369 61 216~066 sw~um~ ~oots 3 23 ~ 717 REMODEL - MISC RESIDENTIAL 21 116,888 '293 :1,296,989 REMODEL- MULTIPLE DWELLINGS :~ , .i 1 8,5 7 6 SUSTOTAt 31 325, 169 418 ,227,686 COMMERCIAL (RETAIL/RESTAURANT) 3 50,670 INDUSTRIAL [ 500 RESIDENTIAL DWELLINGS i 0 2 2,300 NON-RESIDENTIAL BUILDINGS 2 [ t 2 0 0 VOVA~ OE~OUT~O~S [ 0 4 3 ~ 500 ~ PERMITS ~ UNITS VALUATION ~ UNITS VALUATION 35 TOTAL * 35 3 998,957 447 5,749,404 PERMIT COUNT I THIS MONTH I YEAR-TO-DATE "BUILDING 35 447 FENCES & RETAINING WALLS 1 22 SIGNS 0 8 PLUMBING 5 120 MECHANICAL 8 103 GRADING 0 3 S&W, STREET EXCAV. FIRE, ETC. 6 31 I 55 I 734 TOTAL 0 z 0 I- z 0 0 Il= 0 LU n Z I'- 0 CD O0 0000000 zzzzzzz 0 000 000 0000000000 O0 Z Z Z Z Z ZZZZZZZ Z ZZ ZZ ZZ Z ZZZZZ Z ZZ Z GENERAL PERMIT REPORT FOR MONTH OF NOVMEBER 1998 MONTH YEAR DaY PERMIT # ADDRESS NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV NOV CONTRACTOR 98 23 4100 LYNWOOD-CHURCH-BELM MUELLER-PRIBYL/GTE 98 23 4110 MONTGOMERY & WILSHIR MUELLER-PRIBYL/GTE 98 3 4130 4709 HAMPTON RD ABEL B & C 98 5 4131 2991 HIGHVIEW LN AL'S MASTER PLUMB 98 9 4132 3038 PELICAN POINT CIR WESTONKA S&W 98 9 4133 3048 PELICAN POINT CIR WESTONKA S&W 98 9 4134 2530 LAKEWOOD LN DENNIS GEFFRE 98 10 4135 3038 PELICAN POINT CIR DITTER INC 98 10 4136 3048 PELICAN POINT CIR DITTER INC 98 12 4137 4661 BEDFORD RD CULLIGAN 98 12 4138 1942 SHOREWOOD LN PRACTICAL SYSTEMS 98 12 4139 2137 NOBLE LN SUPERIOR CONTRACTOR 98 12 4140 3054 BRIGHTON COMMON COUNTRYSIDE 98 12 4141 2878 PELICAN POINT CIR SURGE 98 12 4142 3167 DRURY LN K & K HTG 98 18 4143 6240 LYNWOOD BLD LEGEND HTG 98 18 4144 4643 HAMPTON RD LEGEND HTG 98 23 4145 LINDEN TO RAMBLER MUELLER-PRIBYL/GTE 98 30 4147 6449 BAY RIDGE RD CITY VIEW PLUMB PERMIT TYPE ST EXCAV ST EXCAV MECH PLUMB S & W CONNECT S & W CONNECT PLUMB MECH MECH PLUMB MECH MECH MECH PLUMB S & W CONNECT MECH MECH ST EXCAV PLUMB TO: MAYOR, CiTY COUNCIL AND CITY MANAGER FROM: GINO BUSINARO, FINANCE DIRECTOR RE: NOVEMBER FINANCE DEPARTMENT REPORT Investment Activity BOuqht: Money :Market Money Market Money Market CP CP CP US iBank 5:552% 250,495: Smith Barney 5.457% 700,560 .Smith Barney 5.457% 314,508 MatUred: Money Market 4M PI us (75,000) Money Market US Bank (216,000) Money Market Smith Barney (506) Money Market Norwest (363,000) CP Smith Barney 5,644% (310,258) CP Smith Barney 5,655% (309,635) CP US Bank 5,445% (246,724) Cities 1999 Le_~islative PoliCies On November 20th the City Manager and I attended the League of Minnesota Cities Policy Adoption Conference. The Governor-Elect ~gave the opening speech. A number of discussions followed on the year 2000 issue, electric deregulation, and on how Legislators see cities and how to tell thecity story effectively. At the end of the conference the 1999 legislative policies were approved with some minor changes. If you have an interest in getting a co py of the cities' platform for the 1999 legislative session, please let us know. Recyclino Association of MN.. CpnferenCA "1 am sure that most of you have seen the long-white'bagS that farmers would use to store silage. It is now the method .used in composting. SKB, a private company, collects yard waste, food waste and paper products, puts them through a grinding process, and then blows them into bags which are 200' long and 5' wide. After ten to twelve days the material Changes into comPOst. The city of Hutchinson is using this method. They collect the material 'from the homes and, once transformed into compost, they use it for planting. Eventually, they hope to be able to bag it and sell it." City of Mound Monthly Report Utilities Month of: November 1998 Residential Commercial No. of Customers: Water Sewer Water Used: (in 1,000 gallons) Billing: Water Sewer Recycle Payments: Water Sewer Recycle 12/03/1998 I Utility-98 Total 1,159 123 1,282 1,161 123 1,284 20,636 2,940 Total 23,576 $34,652 $5,932 $40,584 $67,106 $16,694 $83,800 $6.237 $124 $6.361 $107.995 $22.750 $130.745 $38,611 $6,596 $45,207 $67,631 $16,305 $83,936 $5.950 $97 $6.047 $112.192 $22.998 $135.190 Total CITY OF MOUND 5341 MAY~NOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 To: Mayor, City Council and City Manager From: Joel Krumm, Liquor Store Manager ~ Date: December 3, 1998 Re: November 1998, Monthly Report Eleven down and one to go. So far for the year, gross sales are $1,636,864.00. Last year at this same time sales were $1,499,895.00. As you can see the year is progressing very nicely. We are on a pace of 8 1/2 % - 9% over last year even if we only match last December's sales this month. And the nice thing about this increase is that its not simply due to price increases. Sure, that has something to do with it. But we are also experiencing a noticeable rise in our customer base. For example, so far this year we have had 109,182 customers. For the first eleven months of last year we had 103,929 customers. So it seems to be a combination of both with 40% of it being due to inflation and 60 % of it having to do with new sales. I purposely left out reporting on November because really, except for Thanksgiving, it's a pretty boring month. We were up though. Approximately $2,700. Have a good Holiday season. printed on recycled paper LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shukle Chief Len Harrell Monthly Report for November, 1998 STATISTICS The police 'department responded to 1,232 calls for service during the month of November. There were 19 Part I offenses reported. Those offenses included 2 criminal sexual conducts, 1 aggravated assaulted, 12 larcenies, 3 arson, and 1 vehicle theft. Them were 47 Part II offenses reported. Those offenses included 2 child abuse/neglect, I forgery, 5 narcotics, 7 damage to property, 5 liquor law violations, 3 DUI's, 4 simple assaults, 3 domestics (1 with assaults), 2 harassment, 7 juvenile status, and 8 other offenses. The patrol division issued 120 adult and 4 juvenile citations. Parking violations accounted for an additional 16 tickets. Warnings were issued to 151 individuals for a variety of violations. There were 2 adults and 3 juveniles arrested for felonies. There were 26 adults and 9 juveniles arrested for misdemeanors. There were 4 felony and an additional 5 misdemeanor warrant arrests. The department assisted in 5 vehicle accidents, 2 with injuries. There were 26 medical emergencies and 39 animal complaints. Mound assisted other agencies on 17 occasions in November and requested assistance 5 times. MOUND POLICE DEPARTMENT MONTHLY REPORT - November, 1998 Il. INVESTIGATIONS The investigators worked on 1 criminal sexual conduct case and 4 child protection issues in November. Other cases included arson, assault, damage to property, forgery, theft, feeling a police officer, missing person, narcotics, fraud, harassment, and absenting. Formal complaints were issued for assault, disorderly conduct, altering the shoreline without a permit, permit juvenile mischief, DWI, and underage consumption. Personnel/Staffing The department used approximately 38 hours of overtime during the month of November. Officers used 48 hours of comp-time, 54 hours of vacation, 18 hours of sick time, and 16 holidays. Officers earned 43 hours of comp time and 34 hours at double time. Several officers attended a one day mandatory training course through PTAC. Two officers continue to attend the Wilson Supervisory Leadership course. Several individuals attended a course on Y2K issues for the state and our computer system. COMMUNITY SERVICES OFFICERS Officers Holzerland and Piper addressed 31 animal complaints, 62 ordinance violations, and 171 miscellaneous calls for services. Six citations were issued. The reserves donated 126 hours to the community and the department in the month of November. The unit currently has eight members. MOUND POLICE DEPARTMENT NOVEMBER 1998 OFFENSES CLEARKD EXCEPT- CLEARF, D BY ARRESTED I~EPORTED UNFOUNDED CLEARED ARREST ADULT JUV PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 2 0 0 1 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 12 0 0 2 1 1 1 0 0 1 0 2 3 0 0 0 0 0 TOTAL PART II CRIMES Child Abuse/Neglect 2 Forgery/NSF Checks 1 Criminal Damage to Property 7 Weapons 0 Narcotic Laws 5 Liquor Laws 5 DWI 3 Simple Assault 4 Domestic Assault 1 Domestic (No Assault) 2 Harassment 2 Juvenile Status Offenses 7 Public Peace 1 Trespassing 0 Ail Other Offenses 7 19 0 0 4 2 3 1 0 0 1 0 0 1 0 0 0 0 0 1 4 0 0 0 0 0 0 0 0 4 3 1 0 0 5 6 0 0 0 3 3 0 0 0 2 2 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 1 6 0 6 0 0 i 2 0 0 0 0 0 0 0 2 3 4 2 TOTAL 47 I 4 26 26 9 PART II & PART IV Property Damage Accidents 2 Personal Injury Accidents 3 Fatal Accidents 0 Medicals 26 Animal Complaints 39 Mutual Aid 17 Other General Investigations 1,014 TOTAL 1,101 HCCP 3 Inspections 62 TOTAL 1,232 I 4 30 28 12 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT NOVEMBER 1998 GENERAL ACTIVITY SUMMARY THIS YEAR TO LAST YEAR MONTH DATE TO DATE Hazardous Citations 54 Non-Hazardous Citations 71 Hazardous Warnings 30 Non-Hazardous Warnings 58 Verbal Warnings 72 Parking Citations 16 DWI 3 Over .10 3 Property Damage Accidents 2 Personal Injury Accidents ~3 Fatal Accidents 0 Adult Felony Arrests 6 Adult Misdemeanor Arrests 31 Juvenile Felony Arrests 3 Juvenile,Misdemeanor Arrests 9 Part I Offenses 19 Part II Offenses 47 Medicals 26 Animal Complaints 39 Ordinance Violations 62 Other Public Contacts 1,014 589 522 191 472 846 305 63 43 77 32 0 28 370 60 214 348 704 313 599 445 9,450 875 756 216 700 886 531 84 69 81 37 0 42 393 36 184 256 741 284 604 301 8,755 TOTAL 1,568 15,671 15,831 Assists 42 573 652 Follow-Ups 117 831 577 HCCP 3 67 36 Mutual Aid Given 17 175 176 Mutal Aid Requested 5 63 98 MOUND POLICE DEPARTMENT NOVE1VIBER 1998 CITATIONS DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt Overweight Vehicles Miscellaneous Tags TOTAL ADULT 3 3 1 4 0 42 3 0 30 1 2 0 7 0 8 0 2 16 1 2 0 6 0 136 0 0 0 1 2 0 0 1 0 0 0 0 0 3 0 0 0 0 0 0 0 0 4 MOUND POLICE DEPARTMENT NOVEMBER 1998 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor 36 36 27 0 0 23 0 0 0 17 139 5 5 1 0 0 0 0 0 0 1 12 Run: 1-Dec-98 14:23 PR003 Primary ISN's only: No Date Re~)orted range: 10/26/95 - 11/25/98 /'~' Activity codes: All '~Property Status: Ail Property Types: All Property Descs: All Brands: All Models: Ail Officers/Badges: All Prop Prop Inc no ISN Pr Prop Date Rptd Stolen Tp Desc SN Stat Stolen Value MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY DAT~ P~EPORTED Date Recov'd Quantity Act Recov'd Value Code Brand Model Page Off-1 Off-2 Assnd Assnd 0 Prop type Totals: 1 B Prop type Totals: 200 D Prop type Totals: 260 E Prop type Totals: 1 0 Prop type Totals: 4,639 R Prop type Totals: 171 /'~'~ Prop type Totals: 140 Y Prop type Totals: 75 **** Report Totals: 5,487 0 1.000 0 1.000 0 1.000 i 1.000 0 2.000 0 1.000 0 2.000 0 3.000 I 12.000 R%/n: 1-Dec-98 14:05 CFS08 Primary ISN's only: No Date Reported range: 10/26/98 - 11/25/98 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: Ail Patrol Areas: Ail Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 42 9001 J-SPEEDING 2 9002 NO D/L, EXPIRED D/L 3 9008 ILLEGAL PASSING 1 9013 J-OPEN BOTTLE 1 9014 STOP SIGN 2 9017 J-FAILURE TO YIELD 1 9018 EQUIPMENT VIOLATION 7 9020 CARELESS/RECKLESS 1 9026 OVER THE CENTER LINE 2 9030 CROSSWALK VIOLATION 1 9034 STOP ARM VIOLATION 1 9038 ALL OTHER TRAFFIC 1 9040 NO SEATBELT 6 9100 PARKING/ALL OT~ER 16 9200 DAS/DAR/DAC 4 9210 PLATES/NO-IMPROPER-EXPIP. ED 9211 J-PLATES/NO-EXPIRED-IMPROPER 1 9220 NO INSURANCE/PROOF OF 8 9240 (~GE OF DOMICILE 2 9253 STOP ARM VIOLATION/NO TICKET ~ 2 9301 LOST PERSONS i Page Run: 1-Dec- 98 14:05 CFS08 Primary ISN's only: No Date Reported range: 10/26/98 - 11/25/98 ' range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS POUND ANIMALS/IMPOUNDS FOUND PROPERTY FOUND VEHICLES/IMPOUNDED PERSONAL INJURY ACCIDE/~TS PROPERTY DAMAGE ACCIDENTS B/R PROPERTY DAMAGE ACC. DOG BITE 9312 9313 9314 9430 9450 9451 ~9566 ANIMAL ENFORCEMENT TICKETS 11 1 3 2 1 1 2 23 5 2 1 7 4 1 5 12 2 1 1 9730 MEDICALS 9732 MEDICALS/CI 9800 ALL OTHER/UNCLASSIFIED 9801 DOMESTIC/NO ASSAULT 9802 PUBLIC ASSIST 9810 LOITERING/LURKING 9900 ALL HCCP CASES 9904 OPEN DOOR/Al.4%RMS 9920 INSPECTIONS DEPARTMENT 9921 INSPECTIONS CITATION 9930 I~%NDGUN APPLICATION %2 OFP VIO. CRIME CONTROL & LAW ENF ACT OF '94 9933 l%EST~AINING ORDER ON FILE 9934 RESTRIu-r~D FROM POSS. FIREARM/DESTRUCTIVE DEV. Page 2 Run: 1-Dec-98 14:05 CFS08 Primary ISN's only: No Date Reported range: 10/26/98 - 11/25/98 Time range each day: 00:00 - 23:59 How Received: Ail Activity Resulted: All Dispositions: Ail Officers/Badges: Ail Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9950 INFO/INT 1 9980 w~S 9 9990 MISC. VIOLATIONS 1 9992 MUTUAL AID/8100 7 9993 MUTUAL AID/6500 4 9994 MUTUAL AID/ ALL OTHER 6 A2342 ASLT 2-INFLICTS BODILY HAR/~-OTH WEAP-ADLT~ACQ 1 A5352 ASLT 5-MS-INFLICT BD ~SRM-}5~NDS-ASLT-AC 1 A5353 ASLT 5-MS-INFLICT BD HRM-HANDS-ADULT-STR 1 A5453 ASLT 5-MS-FEAR BOD HRM-F2tNDS-ETC-ADLT-STR 1 A5456 ASLT 5-MS-FEAR BOD HRM-HANDS-ETC-C~LD-STR 1 AL354 DOM ASLT-MS-INFLT BODILY F~%RM-HANDS-CH-FAM 2 AL551 DOM ASLT-MS-PEAR BODILY HARM-HANDS-AD-FAM 1 C32C1 FORGERY-MS-UTT-POSS-PLACE~CHK-201-2500-PER 1 D5700 DRUGS-SCE 3 CONT SUB-ATT PROC-UNK TYP-UNK C~AR 1 DA540 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK 1 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 2 DE578 CON SUB 2-POSSBSS-AMPHET-NOT APPLICABLE 1 E2700 ESC-FE-FLEE AN OFFICER IN MV 1 Flllc ARSON 1-INHAB-NO WEA-SG RESID-$299 OR LESS 1 F320B ARSON 3-F£-UNINHB-NO WEA-UNK PROP-S300-999 1 F420C ARSON 3-MS-UNINHB-NO WEA-OT PROP-S299 LESS I Page Run: 1-Dec-98 14:05 CFS08 Primary ISN's only: No Date Reported range: 10/26/98 - 11/25/98 ~ i range each day: 00:00 - 23:59 HOW Received: All Activity Resulted: All Dispositions: All 0fficers/Badges: All Grids: All Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 2 2 1 1 2 1 1 1 4 1 2 1 1 1 2 1 TRAFF-ACCID-MS-DRIVE UN-DER INFLUENCE TRAF-ACC-MS-AL 10 MORE-UNK INJ-MV CSC 1-CONTACT-ACQUAIN~r-D-ND AGE-13-M CSC 5-NO CONSENT CONTA-POS ALv~-16-17-F JUVENILE-USE OF TOBACCO LIQUOR-UNDERAGE CONSUMPTION 18-21 JUVENILE-CURFEW JUVENILE-RUNAWAY SALE OF TOBACCO TO CHILDREN DISTURB PEACE-MS-DISORDERLY CONDUCT DISTURB PEACE-MS-HARRASSING COt~UNICATIONS OBSENITY-MS-INDECENT EXPOSURe-OTHER-ADULT PROP DAMAGE-FE-PUBLIC-UNq( INTENT PROP D~J~AGE-GM-PRIVATE-D-NK INTENT PROP DAMAGE-MS-PRIVATE-UNK INTENT PROP DAMAGE-MS-BUSINESS-UNK INTENT LITTER-UNLAWFUL DEPOSIT OF C4%RBAGE-MS STLN PROP-FE-POSSESS-VEHICLES-501-2500 THEFT-MORE 2500-FE-MOTORVEH-OTH PROP ~AEFT-201-500-GM-YARDS-O~ PROP THEFT-LESS 200-MS-BUILDING-MONEY THEFT-LESS 200-MS-COIN MACH-OTH PROP J3501 J3E01 L1B72 LAA55 M3005 M4140 ./~"~ ~l 3 M5350 M7401 N3030 N3190 03692 Pl120 P2110 P3110 P3130 P3600 Q1227 TB159 ~9 TG021 TG039 Page 4 Run: 1-Dec- 98 14:05 CFS08 Primary ISN's only: NO Date Reported range: 10/26/98 - 11/25/98 Time range each day: 00:00 - 23:59 How Received= Ail Activity Resulted: Ail Dispositions: Ail Officers/Badges: All Grids: Ail Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfore Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS TG059 THEFT-LESS 200-MS-YARDS-OTHR PROP 2 TG069 THEFT-LESS 200-MS-MAILS-OTHER PROP 1 TG159 THEFT-LESS 200-MS-MOTOR VEH-OTHER 2 U1991 FRAUD-FE-OTHER ACT~20000 MO~E 1 U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS 1 X2200 CRIM AGNST ADM JUST-GM-GIVE FLSE NAM-POL 1 X3080 CRIM AGNST ADMN JUST-MS-OBST LEGAL PROCESS I **** Report Totals: 321 Page Run: 1-Dec-98 14:13 OFF01 Primary ISN's only: NO Date Reported range: 10/26/98 - 11/25/98 · ~'" ~ range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED A2342 A5352 A5353 A5453 A5456 AL354 AL551 D'5700 DAS~0 DCS00 DE578 E2700 FlllC F320B 7420C 33501 J3E01 L1B72 LAA55 5 M4140 M5313 ASLT 2-INFLICTS BODILY HARM-OTH WEAP-ADLT-ACQ 1 0 I i 0 0 0 0 0.0 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC i 0 i 0 i 0 0 I 100.0 ASLT 5-MS-INFLICT BD HRM-HANDS-ADULT-STR i 0 i i 0 0 0 0 0.0 ASLT 5-MS-FEAR BOD HRM-HANDS-ETC-ADLT-STR i 0 i 0 I 0 0 I 100.0 ASLT 5-MS-FEAR BOD HRM-HANDS-ETC-CHLD-STR I 0 i I 0 0 0 0 0.0 DOM ASLT-MS-INFLT BODILY HARM-HANDS-C~-FAM 2 i i i 0 0 0 0 0.0 DOM ASLT-MS-FEAR BODILY HARM-HANDS-AD-FAM 1 0 i 0 i 0 0 I 100.0 FORGERYoMS-UTT-FOSS-PLACE-CHK-201-2500-PER I 0 i 0 0 0 i i 100.0 DRUGS-SC}{ 3 CONT SUB-ATT PROC-UNK TYP-UNK CHAR i 0 i I 0 0 0 0 0.0 DRUGS-SM AMT IN MOT VEH-POSS-MARIJ-UNK i 0 i 0 i 0 0 1 100.0 DRUGS-DRUG PARAPH-POSSESS-UNK-UNK 2 0 2 0 1 1 0 2 100.0 CON SUB 2-POSSESS-AMPHET-NOT APPLICABLE 1 0 i 0 i 0 0 1 100.0 ESC-FE-FLEE AN OFFICER IN MV i 0 I 0 0 i 0 1 100.0 ARSON 1-INHAB-N0 WEA-SG RESID-$299 OR LESS 1 0 1 i 0 0 0 0 0.0 ARSON 3-FE-UNIN~B-NO WEA-UNK PROP-S300-999 1 0 1 1 0 0 0 0 0.0 ARSON 3-MS-UNINHB-NO WEA-OT PROP-S299 LESS i 0 i i 0 0 0 0 0.0 TRAFF-ACCID-MS-DRIVE UNDER INFLUENCE 3 0 3 0 3 0 0 3 100.0 TRAF-ACC-MS-AL 10 MORE-UN]( INJ-MV 3 0 3 0 3 0 0 3 100.0 CSC 1-CONTACT-ACQUAINT-UND AGE-13-M i 0 1 1 0 0 0 0 0.0 CSC 5-NO CONSENT CONTA-FOS AUTH-16-17-F I 0 i 0 1 0 0 1 100.0 JUVENILE-USE OF TOBACCO 2 0 2 0 0 2 0 2 100.0 LIQUOR-UNDERAGE CONSUMPTION 18-21 2 0 2 0 2 0 0 2 100.0 JUVENILE-CURFEW 3 0 3 0 0 ~ 0 3 100.0 Ru~: 1-Dec- 98 14 .. 1] OFF01 Primary ISN's only: No Date Reported range: 10/26/98 - 11/25/98 Time range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ..... OFFENSES CLEARED .... ACT ACTIVITY OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT CODE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED M5350 JUVENILE-RUNAWAY M7401 SALE OF TOBACCO TO CHILDREN N3030 DISTURB PEACE-MS-DISORDERLYCONDUCT N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS 03692 OBSENITY-MS-INDECENT EXPOSURE-OTHER-ADULT Pl120 PROP DAMAGE-FE-PUBLIC-UNK INTi~NT P2110 PROP DAMAGE-GM-PRIVATE-UNK I~ P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT P3600 LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS Q1227 STLN PROP-FE-POSSESS-VEHICLES-501-2500 TB159 THEFT-MORE 2500-FE-MOTOR VEH-OTH PROP TF059 THEFT-201-500-GM-YARDS-OTH PROP ?G021 THEFT-LESS 200-MS-BUILDING-MONEY ['G039 THEFT-LESS 200-MS-COIN MACH-OTH PROP FG059 THEFT-LESS 200-MS-YARDS-OTHR PROP ?G069 THEFT-LESS 200-MS-MAILS-OTHER PROP PG159 THEFT-LESS 200-MS-MOTORVEH-OTHER 11991 FRAUD-F£-OTHER ACT-20000 MORE '33498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS X2200 CRIM AGNSTAD~4JUST-GM-GIVE FLSE NAM-POL ~3080 CRIM AGNST ADMN JUST-MS-OBST LEGAL PROCESS '*'* Report Totals: 2 0 2 0 0 I 1 2 100.0 i 0 I I 0 0 0 0 0.0 I 0 i 0 I 0 0 1 100.0 2 0 2 2 0 0 0 0 0.0 i 0 i i 0 0 0 0 0.0 1 0 i I 0 0 0 0 0.0 I 0 I i 0 0 0 0 0.0 4 0 4 4 0 0 0 0 f 1 0 1 0 I 0 0 1 100.0 2 0 2 0 I 0 i 2 100.0 i 0 i 0 0 I 0 I 100.0 i 0 i I 0 0 0 0 0.0 i 0 I i 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 0 0 1 0 1 100.0 2 0 2 2 0 0 0 0 0.0 1 0 I 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 0 1 0 0 I 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100 1 0 < 1 0 0 0 1 1 100.0 64 1 63 29 20 10 4 34 53.9 Gray Freshwater Center Hwys. 15 & 19, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 Fax: (612) 471-0682 Email: admin @ minnehahacreek.org Web Site: www. minnehahacreek.org Board of Managers Pamela G. Blixt James Calkins Lance Fisher Monica Gross Thomas W. LaBounty Thomas Maple, Jr. Malcolm Reid Printed on recycied paper containing at least 30% post c~--mumer waste. Minnehaha Creek Watershed District Improving Quality of Water, Quality of Life December 1, 1998 RECEIVED DEC 2 lg§8 To Municipal Liaisons: Enclosed are rules of the Mirmehaha Creek Watershed District (MCWD) adopted on November 24, 1998, as follows: Rule B- Erosion Control Rule N-Stormwater Management for Land Development Projects Pursuant to Minnesota Statutes § 103D.341, a copy of each rule was addresssed to the official governing body of your municipality on November 30, 1998. These rules were developed with the collaboration of a task force including municipal representatives, the Board of Water and Soil Resources, the Metropolitan Council, environmental organizations, consulting engineers, and MCWD managers and staff; they embody the recommendations of the task force to a very large extent. With its adoption of the rules the Board also passed a resolution committing itself to undertake a further process of review with stakeholders, in order to determine the need to revise either of these rules, and to make any revisions, by the begSz~ng of the construction season next Spring. To that end, we welcome all further comments, now and in the coming months, arising from your review of and implementation of the rules. S~ely, RECEIVED DEC 2 lg98 MINNEHAHA CREEK WATERSHED DISTRICT RULE B EROSION CONTROL ' 1. POLICY. It is the policy of the Board of Managers to require preparation and implementation of erosion control plans for land disturbing activities, in order to limit erosion from wind and water; reduce flow volumes and velocities of stormwater moving off-site; reduce sedimentation into water bodies; and protect soil stability during and after site disturbance. These measures should reflect the following principles: (a) Minimize, in area and duration, exposed soil and unstable soil conditions. (b) Minimize disturbance of natural soil cover and vegetation. (c) Protect receiving water bodies, wetlands and storm sewer inlets. (d) Protect adjacent properties from sediment deposition. (e) Minimize off-site sediment transport on trucks and equipment. (f) Minimize work in and adjacent to water bodies and wetlands. (g) Maintain stable slopes. (h) Avoid steep slopes and the need for high cuts and fills. (i) Minimize disturbance to the surrounding soils, root systems and trunks of trees adjacent to site activity that are intended to be left standing. (j) Minimize the compaction of site soils. 2. DEFINITIONS. All terms not specifically defined here shall have the meaning given in the Definitions section of the Minnehaha Creek Watershed District Rules. If not defined there, they shall have their common-sense meanings. "Agricultural activity" means the use of land for the production of agronomic, horticultural or silvicultural crops, including nursery stock, sod, fruits, vegetables, flowers, forages, cover crops, grains, and Christmas trees. Agricultural activity also includes grazing. Adopted Rule B November 24, 1998 "Land-disturbing activity" or "land d/sturbance' means any disturbance to the ground surface that, through the action of wind or water, may result in soil erosion or the movement of sediment into waters, wetlands or storm sewers or onto adjacent property. Land-disturbing activity includes but is not limited to the demolition of a structure or surface, soil stripping, clearing, grubbing, grading, excavating, filling and the storage of soil or earth materials. PERMIT REQUIREMENT. Unless specifically excepted by section 4 of this rule, land-disturbing activity shall require a permit incorporating an erosion control plan approved by the District and shall be conducted in accordance with that plan. 4. EXCEPTIONS. The following land-disturbing activity shall not be subject to the requirements of this rule: (a) Activity that: (1) disturbs an area of less than 5,000 square feet; and (2) involves the grading, excavating, filling, or storing on site of less than 50 cubic yards of soil or earth material. (b) Routine agricultural activity. (c) Emergency activity immediately necesdary to protect life or prevent substantial physical harm to person or property. 5. PERMIT APPLICATION. A written application for an erosion control permit shall be submitted by the owner of a site or an authorized representative. The application shall contain the following: (a) Site address. (b) Property owner's name, address and telephone number. (c) Names, addresses, telephone numbers and responsibilities of all contractors, subcontractors and other persons who will engage in the land-disturbing activities. (d) Names, addresses and telephone numbers of persons responsible for preparing the erosion control plan. (e) Documentation of all applicable county, municipal or township approvals for the proposed action or a statement that no such approvals are required. (f) Application date. Adopted Rule B November 24, 1998 (g) A statement that the applicant: (a) consents to site inspection by the District and its authorized agents at reasonable times as necessary to evaluate the permit application or determine compliance with the requirements of this rule; and (b) will notify the District and afford access for District inspection as set forth at paragraph 11. (h) Signature of each property owner with a certification that he or she understands that the proposed activity must be conducted in compliance with this rule and the approved erosion control plan, and that the application is complete and accurate to the best of his or her belief. When a property owner is not a natural person, the application shall bear a signature of one authorized to act on the owner's behalf and documentation of the signatory's authority. (i) An erosion control plan as described at paragraph 6 of this rule. (j) A soils engineering report as described at paragraph 7 of this rule, if requested by the District. (k) A geological report as described at paragraph 7 of this rule, if requested by the District. (I) A statement that the applicant is aware of fee requirements set forth at Rule J of the District's rules and agrees to pay that fee as determined due by the District. 6. EROSION CONTROL PLAN. The erosion control plan is a separate document that shall include the following: (a) A vicinity map showing: (1) The site location in relation to surrounding roads, steep slopes, other significant geographic features, buildings and other significant structures. (2) All receiving waters, including lakes, streams, wetlands, stormwater ponds, ditches and storm sewer catch basins, within 1000 feet of the area to be disturbed. (b) Site plans for existing and final proposed conditions drawn to appropriate scale. The plans shall contain: (1) Contours sufficient to show drainage on and adjacent to the site. (2) Site property lines. (3) Identification and location of all on-site water features and facilities including any lake, stream or wetland; any natural or artificial water diversion or detention area; any surface or subsurface drainage facility or stormwater conveyance; and any storm sewer catch basin. Adopted Rule B November 24, 1998 (4) Location of all trees and vegetation on site, with identification of that which is intended to be retained. (5) Location of buildings and structures on site. (6) Proposed grading or other land-disturbing activity including areas of grubbing, clearing, tree removal grading, excavation, fill and other disturbance; areas of soil or earth material storage; quantities of soil or earth material to be removed, placed, stored or otherwise moved on site; and delineated limits of disturbance. (7) Locations of proposed runoff control erosion prevention, sediment control and temporary and permanent soil stabilization measures. (c) Plans and specifications for all proposed runoff control erosion prevention, sediment control and temporary and permanent soil stabilization measures. (1) Plans and specifications shall conform to the provisions of the manual, "Protecting Water Quality in Urban Areas" (Minnesota Pollution Control Agency, reprinted 1994), as revised, or if a facility or measure is not addressed in that manual then to the provisions of the "Erosion and Sediment Control Manual" (Hermepin Conservation District, 1989), as revised. (2) Plans shah provide that stockpiles of soil or other materials subject to erosion by wind or water shall be covered, vegetated, enclosed or otherwise stabilized or protected in accordance with the amount of time the material will be on site and the manner of its proposed use. (3) Plans shall include measures and procedures to reasonably minimize site soil compaction and shall provide that all compacted soil shah be broken up to a depth of at least six inches before revegetation. (4) Plans shah provide that aH fabric fences used for erosion and sedimentation control and all other temporary controls shall be removed promptly when the District has determined that the site has been permanently restabilized. (d) A detailed schedule indicating dates and sequence of land alteration activities; implementation, maintenance and removal of erosion and sedimentation control measures; and permanent site stabilization measures. (e) A detailed description of how erosion control, sediment control and soil stabilization measures implemented pursuant to the plan will be monitored, maintained and removed. Adopted Rule B 4 November 24, 1998 (f) On the request of an applicant proposing to landscape an improved residential property and a finding that certain required information is not needed to assess the characteristics of the property and the adequacy of proposed control measures, the District may reduce the submittal requirements of this section. 7. SOILS ENGINEERING AND GEOLOGY REPORTS. On a determination that the condition of the softs is unknown or unclear and that additional information is required to find that an applicant's proposed activity will meet the standards and purposes of this rule, the District may require soil borings or other site investigation to be conducted and may require submission of a soils engineering or geology report. The report shall include the following as requested by the District: (a) Data and information obtained from the requested site investigation. (b) A description of the types, composition, permeability, stability, erodibility and distribution of existing soils on site. (c) A description of site geology. (d) Conclusions and revisions, if any, to the proposed land-disturbing activity at the site or the erosion control plan, including revisions of plans and specifications. 8. ADDITIONAL INFORMATION. The District may require any additional information or data as it finds relevant and necessary to evaluate and act on an application. 9. PERFORMANCE BOND. In accordance with Rule K, the District may require the applicant to file a bond or other surety in a form approved by the District and an amount the District deems necessary to ensure the implementation of the erosion control plan and the integrity and continued function of the measures described in the plan. The surety shall be maintained until final site stabilization, as determined by the District, or until the District otherwise advises the applicant in writing. 10. MAINTENANCE. On any property on which land-disturbing activity has occurred pursuant to a permit issued under this rule, the permittee shall, at a minimum, inspect, maintain and repair all disturbed surfaces and all erosion and sediment control facilities and soil stabilization measures on a daily basis until land-disturbing activity has ceased. Thereafter, the permittee shall regularly inspect, maintain and repair soil stabilization measures until vegetative cover is established. Adopted Rule B November 24, 1998 11. NOTIFICATION AND INSPECTION. The applicant or its authorized agent shall notify the District in writing at the following points: (a) On completing installation of perimeter erosion and sedimentation controls. (b) On completing land-disturbing activities and putting into place measures for final soil stabilization and revegetation. (c) When the site has been permanently stabilized and revegetated. (d) When all temporary erosion and sedimentation controls have been removed from the site. At each stage indicated, the applicant shall not proceed with site activity until the District has been notified. At the stage indicated at paragraph ll(a), the applicant shall not proceed with site activity until the District has been notified and allowed two full business days to inspect the site and, as necessary, confer with the applicant. Within the two days specified, the District may advise the applicant that it is extending the period for inspection by up to five additional business days. Adopted Rule B November 24, 1998 RECEIVED DEC 2 lg98 MINNEHAHA CREEK WATERSHED DISTRICT RULE N STORMWATER MANAGEMENT FOR LAND DEVELOPMENT PROJECTS 1. POLICY. It is the policy of the Board of Managers to: (a) Require stormwater facilities to be included in land development projects where practicable and effective. Co) Manage stormwater and snowmelt runoff on a regional or subwatershed basis throughout the District to: (1) promote effective water quality treatment, where feasible, prior to discharge to surface waterbodies and wetlands; (2) limit developed peak rates of runoff into major surface water bodies to less than or equal to existing peak rates; and (3) promote infiltration of both precipitation and runoff. 2. APPLICABILITY OF STORMWATER MANAGEMENT PERMIT REQUIREMENTS. As provided herein, before commencing any land-altering activity, a developer of land for residential, commercial, industrial, institutional, or public roadway uses shall submit a stormwater management plan to the District, and secure a permit from the District approving the plan. All permit applications shall conform to and be reviewed in accordance with the provisions of Rule A of these rules The plan shall provide for compliance with the requirements of this rule for BMP's, rate control and water quality control, as applicable. The applicability of the stormwater management requirements set forth in this rule to a given development or redevelopment is set forth at paragraphs (a) through (e) of this section and summarized in Figure 1. (a) Single-Family Homes. A permit is not required for the construction or reconstruction of a single-family home or its residential appurtenances. Co) Single-Family, Developed or Redeveloped Subdivisions. A permit is not required from the MCWD for construction on less than two (2) acres with a density of two (2) units or less per acre. A permit is required for residential development or redevelopment of subdivisions with a density of two (2) units or less per acre on sites of two (2) acres or more, as follows: (1) For development or redevelopment of subdivisions of two (2) acres or more but less than eight (8) acres, the best management practices provisions set forth in section 3 of this rule are required; Adopted Rule N November 24, 1998 FIGURE 1. SUMMARY OF STOR1VrWATER MANAGEMENT PERMITTING AND REGULATORY REQUIREMENTS ON THE BASIS OF DEVELOPMENT TYPE AND DENSITY PROJECT REGULATORY REQUIREMENTS SINGLE FAMILY HOME NO PERMIT CONSTRUCTION SUBDMSION NO PERMIT BMP'S RUNOFF RATE RUNOFF QUALIT~ SINGLE FAMILY CONTROL, BMP'S AND RATE DENSITY < 2 UNiTS/AC CONTROL, BMP'S SUBDIVISION NO PERMIT BMP'S RUNOFF RUNOFF QUALITY AND SINGLE FAMILY RATE RATE CONTROL, BMP'S DENSITY > 2 UNITS/AC CONTROL, MULTI-UNIT BMP'S RESIDENTIAL COMMERCIAL BMP'S RUNOFF KATE CONTI<OL, RUNOFF QUALITY INDUSTRIAL AND BMP'S AND RATE INSTITUTIONAL; CONTROL, BMP'S MIXED USE ROADS, ~TIiEIZ'I'S & BMP'S HIGHWAYS (< 1 ACRE NEW IMPERVIOUS SURFACE) i ROADS, 5TRi!ETS & RUNOFF RATE RUNOFF QUALITY HIGHWAYS CONTROL, BMP'S AND KATE CONTROL (> 1 ACRE NEW BMP'S IMPERVIOUS SURFACE) ~/21 21 sI 41 s 81 ~01~sl 201 NOTE: SUBDIVISION/PROJECT AREA (acres) Density calculation is based on total site area including dedicated areas. Adopted Rule N November 24, 1998 (2) For development or redevelopment of subdivisions of eight (8) acres or more but less than twenty (20) acres, the best management practices provisions set forth in section 3 and the water quantity control provisions set forth in section 4 of this rule are required; (3) For development or redevelopment of subdivisions of twenty (20) acres or more, the best management practices provisions set forth in section 3, the water quantity control provisions set forth in section 4, and the water quality provisions set forth in section 5 of this rule are required. (c) Medium to High Density Residential Land Development. A permit is not required for the development or redevelopment of residential subdivisions with single-family units at a density of more than two (2) units per acre, or_for multi-unit residential development or redevelopment, on a site of less than two acres. A permit is required for development or redevelopment of residential subdivisions with a density of more than two (2) units per acre, or multi-unit residential development or redevelopment, on a site of two or more acres as follows: (1) For development or redevelopment of two (2) acres or more but less than five (5) acres, the best management practices provisions set forth in section 3 of this rule are required; (2) For development or redevelopment of five (5) acres or more but less than eight (8) acres, the best management practices provisions set forth in section 3 and the water quantity control provisions set forth in section 4 of this rule are required; (3) For development or redevelopment of eight (8) acres or more, the best management practices provisions set forth in section 3, the water quantity control provisions set forth in section 4, and the water quality provisions set forth in section 5 of this rule are required. (d) Commercial, Industrial, or Institutional Development or Redevelopment; Mixed Use. A permit is required for commercial, industrial, institutional or mixed use development or redevelopment as follows: (1) For all development or redevelopment, the best management practices provisions set forth in section 3 of this rule are required; (2) For development or redevelopment activities on sites of one-half (1/2) acre or more but less than eight (8) acres, the best management practices provisions set forth in section 3 and the water quantity control provisions set forth in section 4 of this rule are required; Adopted Rule N November 24, 1998 (3) For development or redevelopment activities on sites of eight (8) acres or more, the best management practices provisions set forth in section 3, the water quantity control provisions set forth in section 4, and the water quality provisions set forth in section 5 of this rule are required. (e) Roads, Streets and Highways. A permit is not required for the maintenance or improvement of a public or private road, street or highway_not otherwise regulated under paragraphs (a) through (d), if the project does not result in a net increase in impervious surface. A permit is required for a public or private road, street, or highway project that results in a net increase in impervious surface area, as follows: (1) For projects that result in a net increase in impervious surface of less than one (1) acre, the best management practices in section 3 of this rule will be required; (2) For projects that result in a net increase in impervious surface of one (1) acre or more, but the total project area is less than five (5) acres, the best management practices provisions set forth in section 3 and the water quantity control provisions set forth in section 4 are required to treat the increase; (3) For projects that result in a net increase in impervious surface of one (1) acre ore more and the total project area is five (5) acres or more, the best management practices provisions set forth in section 3, the water quantity control provisions set forth in section 4, and the water quality provisions set forth in section 5 of this rule are required to treat the increase; (4) Sidewalks and trails that do not exceed ten (10) feet in width and are bordered by a pervious buffer of at least five feet on each side do not require a permit and are not included in any calculation of net increase in impervious surface when part of a road or street project. The interruption of pervious buffer by streets, driveways or other impervious surfaces crossing a sidewalk or trail does not invalidate this exception provided that these impervious surfaces do not exceed 25 percent of the area of the required pervious buffer. (f) Performance Bond. A performance bond or other surety in a form satisfactory to the District is required for all activity, including clearing, grading, and excavation, that results in the disturbance of five (5) or more acres of land. The District will not require a performance bond or other type of surety from cities, townships, municipal corporations, counties, the state or federal government, or agencies of any of the aforementioned. (g) Common Scheme of Development. In determining stormwater management requirements under this section, development or redevelopment on adjacent sites under common or related ownership shall be considered in the aggregate. The requirements applicable to a development or redevelopment under this section shall be determined with respect to all development that has occurred on the site, or on adjacent sites under common or related ownership, since the date this rule took effect. /ldopted Rule N November 24, 1998 4 o (h) Additional Development or Redevelopment on Developed Sites. When the impervious area on a site is increased by 50 percent or more, the requirements imposed by this rule will be determined with respect to the site in a pre- development condition. When the impervious area on a site is increased by less than 50 percent, the requirements imposed by this rule will be determined with respect to only the additional impervious surface and site alteration proposed. BEST MANAGEMENT PRACTICES REQUIREMENTS. BMPs consist of structural and non-structural practices. BMPs must be incorporated in all projects requiring a permit under this rule and must be consistent with specifications of the MPCA manual "Protecting Water Quality in Urban Areas (revised July 1991) and its future revisions. Other BMPs not addressed in the MPCA manual may be allowed on an experimental basis if their use will generate new and useful data or information regarding effectiveness of the practice. All applications for which compliance only with BMP's is required shall delineate buildings and structures showing that door and window openings are a minimum of two feet above the 100 year high water elevation. The following table is a summary of the MPCA BMPs and their effectiveness for removal of metals, phosphorus, nitrates, and suspended solids from stormwater, and for controlling rates and volumes of runoff. BMP Type _E~,ec;.;veness of Selected BMPs Metal.~._~s Phosphorus Phosphorus Nitrate._____~s _Solids Floatables Rate I .Volume Control Co~,-ol Structural ~'nfiltration (no overflow) high high high high high high yes yes Dry Detention (24 hr) moderate Iow Iow Iow mode~..[= outlet yes Iow specific Oil/grit separators moderate Iow no no Iow yes no no Skh~i~rs no no no no no yes no no Grass st,dp/swale moderate Iow Iow Iow moderate Iow Iow Iow !Diversions no no no no design specific no partial partial Non-structural Wetlands yes yes* yes* yes* yes yes yes partial organic litter management Iow yes yes yes yes yes no no Street sweeping yes yes yes yes yes no no fertilizer management ** mod.high mod-high no no no no !catch basin cleaning Iow no no no Iow*** no no ~ub-grade preparation no non-phosphorus fertilizers /ldopted Rule N November 24, 1998 ,Temporan/ Temporary silt fence yes yes no no yes*** no no no Straw bales yes yes no no yes*** no no no Temporary sediment basin yes yes design specific yes outlet design Iow specific specific Rock enh-ance pad no no no no yes no no no * Natural wet]ands can also contribute nutrients ** No data to evaluate effectiveness *** Small volumes only CONTROL REQUIREMENTS. (a) Development on a site shall not increase the peak rate of stormwater runoff from the rate that existed before the development. The_criterion shall be analyzed and met for runoff- producing events of critical duration with return frequencies of 1, 10 and 100 years in the subwatershed in which the site is located. (b) Natural existing low areas will be used, where feasible, for detention of runoff to comply with rate control criteria. Reservoir routing procedures and critical duration runoff events shall be used for design of detention areas and outlets. (c) The proposed project shall not adversely affect water levels off the site during or after construction. (d) Runoff tributary to the project must be accommodated in the analyses and design of new stormwater management facilities. (e) The volume of runoff may not increase due to the project when the receiving area of said runoff is landlocked and not capable of handling the increased volume of runoff. In addition, the applicant shall either own or have proper rights over the landlocked property to handle water from the development. Back-to-back 100-year runoff events will be used to analyze holding capacity and freeboard for landlocked areas. (f) All stormwater rate control facilities shall be located above the projected 100-year flood elevation for the site and within drainage, utility and/or towage easements to provide access and to prevent future alteration or encroachment. (g) Water quantity control methods and facilities used or constructed pursuant to this rule shall be in conformance with approved Municipal Stormwater Management Plans. (h) Outfall structures shah incorporate designs to minimize erosion and scouring. (i) New buildings and structures shall have door and window openings a minimum of two feet above the 100 year high water elevation. Adopted Rule N November 24, 1998 6 5. WATER QUALITY REQUIREMENTS. (a) Facilities shall be established on site to meet the water quality standards of this section. Facilities, including wet detention ponds and other oS?Stems using BMP's in addition to or in place of ponding shall be designed for at least 50 ~o phosphorus removal efficiency. The applicant shall use the PondNet model, or a model approved by the Board as equally applicable, to determine removal efficiency, using a 2.5" rainfall. Total tributary drainage area shall be used to calculate permanent pool volume. Pond outlets shall remove floatables from runoff before discharge for a I year event. All ponds must provide a ten (10) foot safety bench at a slope no steeper than 10H:IV and two (2) feet of freeboard above the 100 year pond level. (b) Quality control facility outfall structures shall incorporate designs to minimize erosion and scouring. (c) New buildings and structures shall have door and window openings a minimum of two feet above the 100 year high water elevation. 6. REQUIRED EXHIBITS (SUBMIT IN DUPLICATE). (a) If the water quantity or water quality provisions set forth in sections 4 and 5 of this rule apply to a proposed development, plans certified by a professional engineer registered in the State of Minnesota and reflecting the following items shall accompany the permit application (one set of plans must be full size; one set must be reduced to a maximum size of 11" x 17"): (1) Property lines and delineation of Iands under ownership of the applicant. (2) Delineation of the subwatershed contributing runoff from off-site and proposed and existing subwaterSheds on-site. (3) Proposed and existing stormwater facilities location, alignment, and elevation. (4) Delineation of existing on-site wetland, marshes, shoreland, and/or floodplain areas. (5) Identification, description, permeability and approximate delineation of site soils in both existing and proposed as-developed condition, for applications proposing infiltration as a stormwater management practice. (6) Existing and proposed normal, and 100 year water elevations on-site. (7) Existing and proposed site contour elevations at two foot intervals, related to NGVD, 1929 datum. (8) Construction plans and specifications of all proposed stormwater management facilities. Adopted Rule N November 24, 1998 o (9) Stormwater runoff volume and rate analyses for the 1, 10 and 100 year critical events, existing and proposed conditions. (10) All hydrologic, water quality, and hydraulic computations completed to design the proposed stormwater management facilities. (11) Documentation indicating conformance with an existing municipal stormwater management plan. When a municipal plan does not exist, documentation that the municipality has reviewed the project. (12) Delineation of any flowage easements or other property interests dedicated to stormwater management purposes, including, but not limited to, county or judicial ditches. (13) Documentation that the project has received a National Pollutant Discharge Elimination System (NPDES) Stormwater Permit from the Minnesota Pollution Control Agency (MPCA) if required by the MPCA, once available. (b) A maintenance agreement shall be submitted for: stormwater treatment ponds, outlet structures for such ponds, culverts, outfall structures, and all other stormwater facilities. The maintenance agreement shall specify the methods, schedule and responsible parties for maintenance and must include at a minimum, the elements contained in the District's Maintenance Agreement Form. A Maintenance Agreement Form will be provided to the applicant for use by the applicant as a maintenance agreement or as guidance if the applicant desires to draft a separate maintenance agreement. The maintenance agreement must be filed of record in the county recorder's office before any land-altering activity occurs at the site. (c) Geotechnical soil boring results if available. EXCEPTIONS. (a) If the District has approved a municipal stormwater management plan for a municipality, or for a subwatershed within a municipality, the requirements of this rule may be deemed satisfied upon showing of compliance by an individual developer with the municipal plan. (b) The peak flow requirement of this rule will be waived on a determination by the Board of Managers that a downstream facility(ies) is in place or has been ordered and the facility(les) is designed with adequate capacity to limit the peak runoff rate from the subwatershed under fully developed conditions. The peak flow requirement of this rule may also be waived on a determination by the Board Of Managers that the time of concentration of the downstream receiving water body is sufficiently long such that limiting the peak rate of runoff from the project has either no practical effect or an adverse effect. Adopted Rule N November 24, 1998 (c) The water quality requirement of this rule will be waived on a determination by the Board of Managers that a downstream facility(les) is in place or has been ordered and the facility(ies) is designed to remove at least 50% of the total phosphorus from runoff entering the facility from the subwatershed under fully developed conditions. (d) The requirement of paragraph 4(a) or paragraph 5(a) that peak flow or stormw~iter quality be managed on site will be waived on a determination by the Board of Managers that meeting the requirement on site is infeasible; that an off-site facility treating the runoff from the applicant's development or its equivalent will allow the applicant to meet the requirement or provide equivalent management; and that the applicant, before commencing any land-altering activity, will hold the legal rights necessary for design, construction and long-term operation and maintenance of the facility. ~ldopted Rule N November 24, 1998 9 DRAFT RECEIVE, 7 lg98 LAKE MINNETO~ CONSERVATION DISTRICT Save the Lake Advisory Committee 10:30 a.m., Tuesday, November 17, 1998 LMCD Conference Room Lili McMillan, Chair; Marleane Callaghan, MCWD; Tom Maple, MCWD; Paul Pedersen, Gray's Bay Marina; Gene Strommen; Gene Partyka, LMCD Board; Greg Nybeck, LMCD Executive Director; Roger Winberg, LMCD Administrative Technician. ~ALL MEETING TO ORDER. McMillan called the meeting to order at 10:30 a.m. REVIEW OF 10/20/98 MINUTES. The minutes from the 10/20/98 Save the Lake Advisory Committee meeting were accepted as submitted. PLANNING FOR ~ FEBRUARY "SAVE THE LAKE" RF~OGN1TION DINNER. McMillan discussed the upcoming Save the Lake Recognition Dinner. She recommended the theme of the Dinner be related to Lake Minnetonka, yet be fun for those that attend. She noted an event with better attendance is desired. The Committee discussed attendance at past Dinners and how some other conflicts might have impacted them. Pedersen noted one of these conflicts might be the national boat show in Florida during that time of year. The Committee discussed the idea of scheduling the 1999 Dinner so that it does not conffict with this boat show. Pedersen stated he would get back to District staff on the dates of the national boat show. Lord Fletcher's and the Lafayette Club were mentioned as possible sites for the Dinner. A menu from the Lafayette Club was distributed to the Committee for their review. A possible date of February 11, 1999 was discussed for the Dinner. Callaghan suggested Doug Jensen, Director of the MN Sea Grant Program, as a posa'ble speaker for the Dinner. Save the Lake Advisory Committee Minutes, 11/17/98, Page 2 UPDATE ON USE OF CONSERVATION CORPS OFFICERS FOR ZEBRA MUSSEL Strommen summarized a discussion he had with Michelle Bratager, Coordinator of DNR Inspections, regarding the use of Conservation Corps Officers to assist in the spraying of boats at public accesses to prevent the introduction of zebra mussels. He noted they have some logistical concerns including equipment availability, timing, water availability, fuel arrangements, spray supplies, and staff training. He added the DNR has questions on how this might conflict their other assigned responsibilities. Pedersen asked the Committee if anyone is familiar with background of the Conservation Corps program. Nybeck stated there is a mandate that requires a minimum of 20,000 hours of inspections on infested waters in the State of Minnesota. He added he believed the main objectives of the officers are to inspect watercraft leaving these waters and to educate the public about exotics species. He concluded he was unsure whether the officers had the authority to issue citations. Pedersen suggested the public might be better served if these mandated hours are spent during peak hours at the most commonly used public accesses on the lake. McMillan stated it might be beneficial if the District provides a game plan to the DNR on what public accesses, what days, and what hours Conservation Corps officers should be on Lake Minnetonka. She asked Pedersen what he thought could be effective in preventing the introduction of zebra mussels at launch sites. Pedersen stated educational literature is available to the public who use his access to the lake from his property. He noted because they have a high rate of repeat customers, it makes it easier for them once they are properly educated. He added staff has been trained to pay special attention to watercraft with out-of-state license plates. He stated he has a high-pressure sprayer that he uses to spray boats if there is sufficient time. He noted one drawback with his high-pressure sprayer is the water is not hot enough. He concluded he believed the message of cleaning boats to prevent the introduction of zebra mussels is getting out to the public because he has received phone calls asking about it. The consensus of the Committee was to extend an invitation to Bratager to the next meeting to further discuss this agenda item. DISCUSSION OF POTENTIAL WATER OUALITY IMPROVEMENT PROJECTS IN HADq~DS AND JENNINGS BAYS. Maple provided the Committee a summary of water quality on Lake Minnetonka, with emphasis on Halsteds and Jennings Bays. He commented: · The two main contributing factors to the poorer water quality on the west-end of the lake are Six-Mile and Painters Creeks. He noted Six-Mile Creek, which runs into Halsteds Bay, and Painters Creek, which runs into Jennings Bay, contribute a significant amount Save the Lake Advisory Committee ~[il~utes, 11/17/98, Page of nutrient loading in these bays, especially phosphorous. It is estimated that 60,000 to 70,000 pounds of phosphorous are loaded annually into Lake Minnetonka. He added due to the shallowness of Jennings and Halsteds bays, the water column is constantly being loaded with phosphorous stirred up by propeller movement. Alum treatments provide a short-term solution to phosphorous problems while retention ponds provide long-term solutions. Callaghan stated the MCWD, the Hennepin Conservation District, the NRCS, and the U of M Extensions Services has recently submitted an EQUIP grant application. She noted the focus of the grant is to address best land management practices in the raising of livestock and horses. She concluded the results of the program would be manure and pasture education that benefits water quality for small livestock producers. OTFIER DISCUSSION. Strommen suggested some members of the Advisory Committee coordinate a meeting with DNR in the near future to discuss concerns expressed regarding spraying boats at public Nybeck suggested that Herb Suerth be invited to attend that meeting. There being no further business, the meeting adjourned at 11:46 a.m. Respectfully submitted, Lili McMillan, Chair Save the Lake Advisory Committee DRAFT LAKE MINNETONKPr CONSFAIVATION DISTRICT BOARD OF DIRECTORS 7:00 PM, Wednesday, November 18, 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; Andrea Ahrens, Mound; Bert Foster, Deephaven; Tom Gilman, Excelsior; Craig Nelson, Spring Park; Gene Partyka, Minnetrista; Sheldon Wert, Greenwood; Lili McMillan, Orono; Kent Dahlen, Minnetonka Beach; Craig Eggers, Victoria; Greg Kitchak, Minnetonka. Also present: Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Roger Winberg, Administrative Technician. Members absent: Bob Ambrose, Wayzata; Bob Rascop, Shorewood; Herb Seurth, Woodland. CltAIR ANNOUNCEMENTS, Chair Babcock · The 11/25/98 Regular Board meeting has been cancelled due to the Thanksgiving holiday. · The Open House for the new District Office is scheduled on 11/19/98 from 4-7 P.M. · An Executive Session was conducted at the 10/28/98 Board meeting to discuss the performance of the Executive Director. He noted he would be discussing results of this with Nybeck in the near furore. READING OF MINUTES - 10/28/98 LMCD Regular Board Meeting MOTION: Nelson moved, Partyka seconded to approve the minutes of the 10/28/98 Regular Board Meeting as submitted. VOTE: Ayes (8), Abstained (1, Dahlen); motion carried. PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) Steve Osmera, 3900 Shoreline Drive, stated he recently received a letter from Hennepin County Environmental Services that indicated the home he purchased in the past couple years would not have dockage through the County's multiple dock license. He expressed concern with allowing only 25 overnight storage spaces when there is a demand for 31. He requested an agenda item be scheduled for the 12/9/98 Board meeting to allow for a formal presentation. Kitchak and Gilman arrived at 7:05 p.m. Babcock directed staff to work with Mr. Osmera in facilitating an agenda item for the 12/9/98 meeting. He provided a summary of the District's position on the Hennepin County multiple dock that relates to the Streaters Park addition. He noted: Lake Minnetonka Conservation District Regular Board Meeting Novoml r lg, lOOS Page 2 · The District has not removed anything that is currently licensed. He noted there might have been a discrepancy in 1998 between Hennepin County and the District regarding the number of approved overnight storage BSU's and the number of permits they issued to residents for overnight storage. · The Sheriff's Water Patrol dock has been included in the multiple dock facility, as recommended by LeFevere. He added it previously had not been licensed. · A historical review was conducted by District staff of the multiple dock facility. He noted it was recognized that an error was previously made that allowed the number of BSU's currently approved in comparison to what Code allows. He stated a special density license was approved in the mid 1980's; however, it should not have been because the interest of the property cannot be tied to a specific group of landowners. He noted the Board concluded this license was granted in error and decided to grandfather what exists today in a legal, non-conforming status. · Hennepin County might feel obligated to provide dockage based on the deed; however, they are obligated to obtain a multiple dock license annually from the District. He noted they submitted applications to convert six transient BSU's to six overnight storage BSU's this past spring. · The Board considered the applications this summer but denied them because current Code provides for substantially less than what the applicant is approved for. He noted the Board had concern with 'the expansion of overnight storage BSU's because of the grandfathered status. · There might have not been a clear understanding of District policies and procedures and how they relate to Hennepin County's policies and procedures. He noted this might have been the cause of the current situation in which homeowners are looking for additional dockage. Osmera stated he believed they are not seeking anything other than what they have been permitted for back to 1996 with Hennepin County. He suggested the denial of the applications by the District would substantially hurt his property value because he purchased it assuming it had lake access. Babcock clarified the District has not approved changes for Hennepin County's multiple dock license the past three years. He m-stated Hennepin County might have issued more overnight storage slips than what they are approved for by the District. Nybeck reviewed a staff memo that highlighted historical research of the multiple dock facility. He noted that 25 overnight storage BSU's have been approved, without change, for Hennepin County since 1986. Osmera questioned whether some of the transient BSU's could be used for overnight storage. Balx:ock stated the Board concluded to not allow the conversion of transient to overnight storage BSU's because the Code prohibits it. He questioned why Hennepin County issued 31 overnight storage BSU's wheu~ey are only approved for 25. He suggested it might be more appropriate for the home owners to resolve this with Hennepin County rather than the District because they are responsible for the distribution of the 25 BSU's. Lake Minnetonka Conservation District Regular Board Meeting November 18, 1998 Page 3 A homeowner questioned whether boats stored beyond the licensed 25 BSU's for overnight storage in 1998 were legal. Babcock stated from a District perspective, any boats stored on an overnight basis beyond 25 were illegal. Nybeck clarified when the application was denied this summer, Hennepin County indicated there were up to six boats being stored beyond licensed overnight storage BSU's approved. He noted the Board agreed to allow them for the duration of the 1998 boating season. Babcock stated if an apartment building was constructed on the Streaters Park Addition, would all the residents be entitled to dockage on the lake? He noted the Board decided there needs to be a limitation. Mike Brandt, on behalf of Hennepin County, addressed the issue of approved overnight storage BSU's. He noted Hennepin County was aware of the demand for additional overnight storage BSU's and was working with previous District Administrative Technician Nancy Randall. He stated the County was concerned with the total number of BSU's rather than overnight storage BSU's. He concluded they were unclear that a new license needed to be secured when there was a conversion of transient to overnight storage BSU's. He suggested there might have been a communication breakdown between the District and Hennepin County offices. McMillan suggested these docking and boat density issues should have been discussed when the developer approached the City of Spring Park for proper permits. Babcock reviewed the 1997 multiple dock license issued to Hennepin County and stated he believed it is clear on the breakdown of overnight and storage BSU's. He noted the license states that no overnight parking is allowed in the 40 transient slips. Foster stated the ordinances of the District have been established over the years to have some management and control of Lake Minnetonka. He added there is a view of the District that transient slips are a benefit to the lake because they provide destination points and are a relief to boat density during peak periods. He noted he appreciated the situation where there is a demand for 31 overnight storage slips when there are only 25 approved; however, he questioned whether the District can be held responsible when it has been quite clearly identified on the license granted to Hennepin County. Babcock stated if the homeowners had approached the District 'prior to purchasing their homes to verify whether 31 overnight storage BSU's were approved, they would have learned that Hennepin County is licensed for only 25 based on District records. Kitchak questioned whether a homeowners association has been formed to discuss this issue with Hennepin County. He also questioned whether there were 25 watercraft parked on an overnight basis this past summer. He added he believed the transient slips are providing a service to the lake, noting he was unable to use them once this summer because they were full. Lake Minnetonka Conservation District Regular Board Meeting November 18, 1998 Osmera stated he attended the public hearing on 5113198 for the pending applications. whether the conversion of transient slips was discussed at this public hearing. Page 4 He questioned Kitchak stated he believed the District is not the governmental body to resolve this situation. He noted they need to discuss this with Flennepin County, the realtors, and the developer. Nelson commented on how the developer or realtors might have mislead the residents. He expressed concern with this issue and stated he discussed it with city officials. He noted the City of Spring Park assured him that the developer was informed that dockage rights do not necessarily go with the development of the property. L~Fevere stated he recalled the District has seen similar cases where residents claim they have been told they have dockage rights by a realtor. He noted he has told developers over the years to not guarantee property owners they have dockage rights because that is subject to reasonable regulations. He added rules can change over time and there is no entitlement to the lake. Weft stated he believed the District cannot solve this problem. He suggested the residents work with the Hennepin County such as alternating the use of the 25 overnight storage BSU's with the 31 residents. LeFevere stated all the owners of the parcels in the Streaters Park addition have deeded dock access to the property in question. He added the solution would be easy if there were only 25 properties demanding dockage for the 25 approved overnight storage BSU's. He noted the problem exists because there is a current demand from 31 properties. He suggested the residents consider forming an association to impose covenants against all their properties to prevent the demand from increasing. Brandt stated that District staff indicated to Hennepin County that the conversion of transient to overnight storage BSU's should not be a problem because they had sufficient public amenities for the special density license. He noted he believed there is shared blame from all parties involved. He suggested the District consider grandfathefing the license at 31 overnight storage BSU's rather than 25. lie concluded he believed this would solve all problems other than the District setting the precedent for conversion. LeFevere stated the application received from the Hennepin County for 1998 was to expand six overnight storage BSU's. He noted any confusion about this 1998 application could not account for what happened in prior years and could not have been relied on in prior years. He concluded there is no legal authority that requires the District to grant 31 overnight BSU's at this site. Nyheck addressed the comment that District staff forwarded feedback that approval of the conversion of transient slips should not be a problem. He stated when the applications were received from Hennepin County, staff believed the multiple dock facility was conforming to Code. He added staff might have indicated the applications had sufficient public amenities to be considered by the Board; however, he did not recall feedback that approval should not be a problem, lie concluded after the public hearing held to discuss the applications, it was recognized the problem exists in that it currently is a legal, non- conforming facility and that Code prohibits conversion of use. Lake Minnetonka Conservation District Regular Board Meeting November 18, 1998 Page 5 LeFevere concurred when the Board initially reviewed the application, there were abundant Public amenities that justified amending the special density license. He added the rescinding of the special density license did not cause a problem for 1998 because they received more overnight Storage BSU's than they should have. He concluded if there was a misunderstanding by staff, it had no impact prior to 1998. Babcock concluded the Board understands this is a tough issue and hopes this discussion benefits the residents in resolving the issue. CONSENT AGENDA- Consent Agenda items identified by "*" will be approved in one motion unless a Board member requests a discussion of any item, in which case the item will be removed from the Consent Agenda. McMillan requested the Minutes from the 11/17/98 Save the Lake Advisory Committee meeting be removed from the consent agenda because they have not been completed. Foster moved, Nelson seconded to approve the items on the consent agenda, removing the Minutes from the 11/17/98 Save the Lake Advisory Committee. Motion carried unanimously. Items so approved include 2C, Hennepin County Sheriffs Water Patrol Significant Activity Report, and 3A, Minutes from the 11/13/98 EWM/Exotics Task Force meeting. 1. WATER STRUCTURES A. Minnetonka Yacht Club (Site 1), staff recommends approval of 1998 renewal w/o change application. MOTION: Foster moved, Ahems seconded to approve the 1998 renewal without change application for Minnetonka Yacht Club, Site 1. VOTE: Motion carried unanimously. B. Additional Business. There was no additional business. LAKE USE & RECREATION A. Ordinance Amendment, Third reading of an ordinance relating to launching of watercraft infested with zebra mussels. Foster questioned whether there has been feedback from the DNR. Babcock stated feedback has been received back from Gary Montz, Coordinator of Zebra Mussels for the DNR. He noted he expressed concern with the draft ordinance amendment, especially the required 30-day drying period. He added the DNR believes scientific documentation states that mussels cannot survive beyond 15 days and that they cannot support Lake Minnetonka Conservation District Regular Board Meeting November 18, 1998 Page 6 the ordinance amendment as written. He concluded he has encouraged the DNR to take a .., stronger position on zebra mussels on a statewide basis some years ago and that he believed adopting the ordinance would resolve some of the issues around Lake Minnetonka. McMillan stated the 30-day drying period was discussed at thc 11/13/98 EWM/Exotics Taskforce meeting. She questioned whether the District adopting another ordinance will accomplish the goals and objectives established to prevent the introduction of zebra mussels. She stated she believed the 30 day period is too long and that the District should focus more on the education of the public. Nelson concurred with McMillan that the 30-day drying period is too long. He noted the same discussion took place when the zebra mussel Code was established for special event participants. lie suggested the 15-day drying period discussed by the DNR might be more appropriate. ,. Foster noted the DNR memo states that veligers are much more fragile than adult zebra mussels. lie added he has pushed the Board for more education in recent years. Babcock stated he believed there are other scientific studies that differ from the opinion of the DNR. He added the 30-day drying requirement in the draft ordinance amendment is consistent with the special event ordinance. MOTION: Foster moved, Nelson seconded to table third reading of the draft ordinance amendment to allow staff to determine what scientific evidence is available regarding drying and to allow staff time to evaluate the two ordinances. VOTE: Ayes (9), Nayes (2, Babcock and Gilman); motion carded. B. Update on 11/17/98 SheriWs Water Patrol Annual Joint & Cooperative Agreement meeting. Foster updated the Board on the meeting. · · He noted: There are no changes required to the joint and cooperative agreement for 1999. There was good cooperation between the two organizations regarding special event permitting this past summer. In March of 1999, a Peace Officers' meeting is scheduled to report police activity with the member cities, especially that involving the lake. He encouraged Board members to fide with Water Patrol deputies next summer to help understand their role on the lake. They believed there has been an increase in the number of designated drivers in boats in recent years, lie noted that was attributed to recent changes in State laws. Weft left at 8:55 p.m. Babcock stated that Hennepin County reported that 68 % of their Water Patrol hours in liennepin County were dedicated to Lake Minnetonka. Lake Minnetonka Conservation District Regular Board Meeting November 18, 1998 Page 7 Ahems and McMillan left at. 9:O0 p.m. D. Additional Business. There was no additional business. 3. EWM/EXOTICS TASK FORCE B. 11/13/98 meeting report. Nybeck provided an update of the 11/13/98 EWM/Exotics Task Force meeting. He reported: · An update on the maintenance of the EWM equipment was provided. He noted the hydraulic fluid in two of the harvesters would be converted to an environmental friendly fluid next spring. · There was discussion of the draft ordinance relating to the introduction of zebra mussels. He noted there was significant discussion on the 30-day dry period; however, there was no recommendation from the Committee. · There was no update from the Army Corps of Engineers regarding triclopyr research on Lake Minnetonka this past summer. · Chip Welling, MN DNR Eurasian Watermilfoil Coordinator, has taken a two or three year leave of absence to work on a cumulative effects assessment biologist position with the DNR. C. Additional Business. There was no additional business. 4. FINANCIAL A. Audit of vouchers for payment (11/1/98 - 11/15/98). Nelson reviewed the audit of vouchers for payment as submitted. MOTION: Foster moved, Gilman seconded to approve the vouchers for payment as submitted. VOTE: Motion carried unanimously. B. Additional Business. There was no additional business. 5. SAVE THE LAKE B. 11/17/98 meeting report. The 11/17/98 Save the Lake meeting report was tabled to the 12/9/98 Board of Directors meeting. ~ Minnetonka Conservation District Re~d~r Board Meeting November 18, 1998 C. Additional Business. Fage 8 There was no additional business. 6. ADMINISTRATION A. Appointments for 1999. Babcock reviewed the staff memo that made recommendations for 1999. He noted staff made the following recommendations: · Auditor Selection- Abdo, Abdo, Eick, & Meyer · Legal Counsel- Kennedy & Graven · Prosecuting Attorney- Tallen & Baertschi · Official Newspaper- Lakeshore Weekly News · Bank Depository Resolution for fiscal year 1999- First National Bank of the Lakes Nybeck stated the District will continue to bank at First National Bank of the Lakes in Navarre on an interim basis. He added Steve Tallen plans on attending the 12/9/98 meeting to ulxlate the Board. MOTION: Foster moved, Gilman seconded to approve the appointments for 1999 as recommended by staff. VOTE: Motion carried unanimously. B. Additional Business. There was no additional business. 7. EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: · Ahems was re-appointed by the City of Mound for a three-year term rather than a one-year term. · Staff will be forwarding draft copies of the 1998 Lake Minnetonka Boat Density Survey and the update on Lake Minnetonka car/trailer inventory parking in the near future. He added staff intends to schedule discussion at the 12/9/98 Board meeting. OLD BUSINESS There was no old business. ® NEW BUSINESS Nelson questioned when the Save the Lake Recognition Dinner is planned in 1999. Lake ]Vlinnetonka Conservation District Regular Board Meeting November 18, 1998 Page 9 Babcock stated historically, the Dinner is planned on the Thursday of Valentines Day week. 10. ADJOURNMENT There being no further business, Chair Babcock adjourned the meeting at 9:09 P.M. Douglas Babcock, Chairman Eugene A. Partyka, Secretary RECEIVE LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, December 9, 1998 Tonka Bay City Hall ? CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Chair Babcock READING OF MINUTES - 11118198 LMCD Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) LAKE USE & RECREATION A) Schoell & Madson, Inc., Discussion of draft 1998 Lake Minnetonka Boat Density Survey (previously mailed out); B) Additional Business; WATER STRUCTURES A) Hennepin County Environmental Management, discussion of approved 1998 Multiple Dock License/Streaters Park Addition; B) Additional Business; EWMIEXOTICS TASK FORCE A) Ordinance Amendment, Third reading of an ordinance relating to launching of watercraft infested with zebra mussels; B) Additional Business; FINANCIAL A) Audit of vouchers for payment (11/16/98 - 11/30198); (12/1198 - 12/15198) B) October financial summary and balance sheet; C) Additional Business; SAVE THE LAKE A) Minutes from the 11117198 "STL" Advisory Committee meeting; B) 11117/98 meeting report; C) Additional Business; ADMINISTRATION A) Tallen and Baertschi, update from prosecuting attorney; B) Fames v. LMCD, Report from District Attomey; C) Discussion of District Personnel Policy; D) Additional Business; EXECUTIVE DIRECTOR REPORT 10. OLD BUSINESS · Discussion on direction for outlot licensing NEW BUSINESS ADJOURNMENT ABDO jEICK & f~d ~lic Accountants & Cor~mn~s 7241 Ohms l~.e Suite Minneapolis. MN 55439 March 26, 1998 Members of the City Council City of Mound, Minnesota Professional standards require that we provide you with the following information related to our audit Our Res onsibili Under Generall Acce ted Auditin Standards and Government Auditin Standards As stated in our engagement letter, our responsibility, as described by professional standards, is to plan and perform our audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement and are fairly presented in accordance with generally accepted accounting principles. Our audit is designed to provide reasonable rofessional judgment, would have a material effect on the financial assurance of detecting m~sstatements that, m our p . . · · than this materiality level statements taken as a whole. Consequently, our au&t will not necessarily detect m~sstatement less that might exist due to error, fraudulent financial reporting or misappropriation of assets. As part of our audit, we considered the internal control of the City. Such considerations were solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our tests was not to provide an opinion on compliance with such provisions. Accounting Estimates Accounting estimates are an integral part of the combined financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain and accounting estimates are particularly sensitive because of their significance to the general purpose financial statements because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements was depreciation on fixed assets. Management's estimate of depreciation is based on estimated useful lives of the assets. We evaluated the key factors and assumptions used to develop this estimate in determining that it is reasonable in relation to the financial statements taken as a whole. Significant Audit Adiustments_ . For purposes of this letter, professional standards define a significant audit adjustment as a proposed correction of the general purpose financial statements that, in our judgment, may not have been detected except through our auditing procedures. We proposed no material audit adjustments. 612.835.9090 ® F~ 612.835.3261 March 26, 1998 Page Two Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting or auditing matter that could be significant to the general purpose financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing our audit. ~Reportable Conditions_ In planning and performing our audit of the general purpose financial statements of the City of Mound for the year ended December 31, 1997, we considered its internal control in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on internal control. However, we noted certain matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of internal control that, in our judgment, could adversely affect the City's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. A material weakness is a reportable condition in which the design or operation of one or more of the internal control components does ni>t reduce to a relatively low level the risk that errors or irregularities in amounts that would be material in relation to the f'mancial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of internal control would not necessarily disclose all matters in internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be a material weakness, as defined above. However, we noted the following reportable condition that we believe to be a material weakness. Segregation of Duties Our study and evaluation disclosed that because of the limited size of your office staff, your organization has limited segregation of duties. A good internal control structure contemplates an adequate segregation of duties so that no one individual handles a transaction from inception to completion. While we recognize that your organization is not large enough to permit an adequate segregation of duties in all respects, it is important, however, that you be aware of this condition. Other Matters The following are items that came to our attention during the audit that we feel should be reviewed. General Fund The fund balance of the General Fund is divided into three components: City of Mound March 26, 1998 Page Three · Designated for severance pay · Designated for park dedication fee, and · Undesignated The designated portion of fund balance is determined as follows: The City's liability for compensated absences and vested severance pay is computed at year end and the amount required to fully fund the computed liability totaled $183,135 at year end. Park Dedication Fee_ The amount designated from park dedication fees was $89,948 at year end. This will be used for park projects in the future. The fund balance which remains after designated amounts are determined is the undesignated component of the fund balance. The unreserved and undesignated fund balance compared with expenditures follows: Year Ended December 31 Fund Balance Undesignated as a Percent Fund Balance E~xpenditures ~ 1997 $ 1,230,858 998,106 1996 770,649 1995 684,508 1994 484,569 1993 471,469 1992 478,612 1991 542,766 1990 538,186 1989 671,022 1988 $ 2,628,633 46.83% 2,467,410 40.45 2,374,443 32.46 2,274,310 30.09 2,282,341 21.23 2,234,444 21.10 2,198,925 21.76 2,287,446 23.73 2,298,765 23.41 2,126,971 31.55 Undesignated Fund Balance and Expenditures $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $- 1988 1989 1990 1991 1992 1993 1994 1995 1996 I· Fund Balance~ · Expenditures 1997 i City of Mound March 26, 1998 Page Four The unreserved and undesignated fund balance increased $232,752 during 1997· Actual revenue exceeded budgeted revenue by $269,640 and expenditures were in excess of budget by $46,873· The favorable variances in all revenue categories helped produce the large increase in fund balance· The City must have a fund balance at year end sufficient to finance the following year's expenditures until the major · . lance designated for severance pay and for park dedication fee, while revenue sources become_avada, b~. The fund ba A ~ Y.o~,,~.~ cl~'~ and undesi hated combined represents · . ~-~ ~, . .........l~nated g designated, is available t-or casl~ tlow purposes. ~ n~ ,u,,~ o 57·2% of 1997 expenditures and transfers· The current General Fund fund balance is adequate to provide the working capital requirements. Some reasons for maintaining a fund balance are listed below: A summary of the 1997 operations is as follows: Purposes and Benefits of a Fund Balance Expenditures are incurred somewhat evenly throughout the year. However, property tax and state aid revenues are not received until the second half of the year. An adequate fund balance will provide the cash flow required to finance the General Fund expenditures. The City is vulnerable to legislative actions at the State and Federal level. The State has continually adjusted the local government aid and property tax credit formulas along with implementing levy limits. An adequate fund balance will provide a temporary buffer against those aid adjustments and levy limits. Expenditures not anticipated at the time the annual budget was adopted may need immediate Council action. These would include capital outlay replacement, lawsuits and other items. An adequate fund balance will provide the financing needed for such expenditures. A strong fund balance will assist the City in maintaining or improving its bond rating. Revenue Expenditures Excess (Deficiency) of Revenue Over Expenditures Other Financing Sources (Uses) Operating transfers in Operating transfers out Total Other Financing Sources (Uses) Actual Budget $ 2,522,120 $ 2,791,760 2,420,370_ 2,467,243. 101,750 324,517 Variance - Favorable $ 269,640 (46,873) 222~76~ 43,500 43,500 (161,39~0) (161,390_) (117,890) _ (117,890) Excess (Deficiency) of Revenue and Other Financing Sources Over Expenditures and Other Financing Uses Fund Balance, January 1 Fund Balance, December 31 ~) 206,627 1,297,31~ $ 1 503 941 $ 222.767 A further detailed comparison of revenue and expenditures are as follows: Revenue Source 1997 Property Taxes $1,300,817 Intergovernmental Revenue 1,022,608 10,453 Charges for Services 155,399 Licenses and Permits 116,236 Fines 59,694 Interest 126,553 Other Revenue Transfers from Other Funds 43.50_0 Total Revenue and Transfers $2 835 260 Percent of Total-- 45.88% 36.07 .37 5.48 4.10 2.11 4.46 1.5~ 100.00% 1996 _ $1,298,717 948,728 9,725 132,553 95,854 36,704 105,965 43,50Q $2,671,744 Increase From1996 $ 2,100 73,880 728 22,846 20,382 22,990 20,588 $163,514 City of Mound March 26, 1998 Page Five 1997 Revenue Licenses and permits 5.48% Fines 4.10% Other 6.94% Transfers in 1.53% Propertytaxes 45.88% Intergovernmental 36.07% Programs General Government Public Safety Police Planning and Inspection Civil Defense Public Works Streets Culture and Recreation Miscellaneous Capital Outlay Transfers to Other Funds Total Expenditures 1997 $ 673,784 868,736 190,785 3,273 435,731 162,583 55,271 77,080 161,39~ $2 628 633 Percent of Total_ 25.63% 33.05 7.26 .12 16.58 6.19 2.10 2.93 6.1~ 100.0_0% 1996 631,498 830,829 170,238 3,749 441,673 156,914 15,042 62,157 155,31~ $2,467,41Q Increase (Decrease) From 1996 $ 42,286 37,907 20,547 (476) (5,942) 5,669 40,229 14,923 6,080 $161,223 City ofMound March 26,1998 Page Six 1997 Expenditures Transfers out 6.14% Capital outlay 2.93% Miscellaneous 2.10% General Government 25.63% Public Safety 40.43% Culture and recreation 6.19% Public Works 16.58% City of Mound March 26, 1998 Page Seven Special Revenue Funds. Special revenue funds are used to account for revenue derived from specific taxes or other earmarked revenue sources. They are usually required by statute or local ordinance to f'mance particular functions or activities of government. A comparison of 1997 and 1996 fund balances follows: Fund Balance Increase Fund 1997 1996 (Decrease) Cemetery $ 3,034 $ 7,355 $ (4,321) Community Development Block Grant 44,330 (15,549) 59,879 Area Fire Service 213,573 173,647. 39,926 Dock Total $ 260,93~7 $ 165,453. $ 95,484 _Debt Service Funds Governmental accounting does not match the assets of each debt service fund with the outstanding debt to be retired by each fund. The following is intended to provide that information. Debt Service Fund Commerce Place Tax Increment County Road 15 (1988) Public Works Facility Total Cash and Total Investments Assets $ 190,605 $ 190,605 28,465 47,257 108,592 110,04~ $ 327 662 $ 347 911 Bonds Out~ $ 1,250,000 35,000 420,000 $ 1 705 000 The bond issues will be paid with tax increment collections, property taxes or special assessments or a combination of those sources. Capital Proiects Funds. The Capital Projects Funds are used to account for the acquisition and construction of major capital facilities other than those financed by enterprise funds. Included in this group of funds and the fund balance of each at December 31 for 1997 and 1996 is as follows: Increase 1997 1996 (Decrease). $ 1,097,918 $ 645,842 $ 452,076 Capital Improvements 38,496 36,449 2,047 Sealcoat 73,711 72,851 860 Municipal State Aid (3,790.) (6,565) 2,77_5 Central Business District Total $ 1 206 335 $ 748,577 $ 457,758 The remaining funds of the 1980 Improvement Debt Service fund were transferred to the Capital Improvements after the final payment was made. This accounted for the large increase in fund balance. City of Mound March 26, 1998 Page Eight Enterprise Funds_ Sewer and Water Utility Funds A comparison of the past four years sewer and water utility operations is as follows: 1997 _ 1996 1995 1994 WaterFund $ 440,308 $ 424,085 $ 393,528 $ 363,010 Charges for services 62,674 39,706 24,183 44,935 Operating income 68,344 Net income before transfers 68,957 39,128 18,749 Sewer Fund 959,110 826,308 706,545 671,997 Charges f or services (54,177) (112,247) (159,294) (119,127) Operatingloss (61,979) (118,332) (157,829) (73,449) Net loss before transfers The Sewer Fund cash was $440,002 at year end and this was a decrease of $52,466 from 1996. Total operating expenses and debt service for 1997 were $1,083,436. Cash at year end was 40% of expenses and debt service. This is about five months reserve. Cash balances have declined for the last four years. We set the current cash balance as a minimum and should not be any lower. The Water Fund cash totaled $664,345 at year end. This was an increase of $13,736 from 1996. The ending balance represents 144% of 1997 expenses and debt service. We feel this is adequate to maintain operations and to pay the bonds. A comparison of the past two years liquor fund operations is as follows: 1997 1996 Percent Percent Amount_ o~f Sales. Amount of Sales_ Sales $ 1 533 378 100.00__% $ 1 523 897 100.00% Gross profit $ 369,633 24.11% $ 377,923 24.80% Operating expenses 214,320_ 13.9.___.~8 213,867. 14.03. Operating income $ 155 313 10.13..% $ 164 056 10.77:% Transfers to other funds $ 7~~5500) (4.92..)% ~) (11'4[)°/° Gross profit and operating income have remained consistent for several years. Both percentages are very good and have resulted in significant transfers from the Liquor Fund. Year 2000 Issue The Year 2000 Issue results from a computer's inability to process year-date data accurately beyond the year 1999. Except in recently introduced year 2000 compliant programs, computer programmers consistently have abbreviated dates by eliminating the first two digits of the year, with the assumption that these two digits would always be 19. Thus January 1, 1965 became 01/01/65. Unless corrected, this shortcut is expected to create widespread problems when the clock strikes 12:00:01 a.m. on January 1, 2000. On that date, some computer programs may recognize the date as January 1, 1900, and process data inaccurately or stop processing altogether. City of Mound March 26, 1998 Page Nine The Year 2000 Issue is likely to affect computer applications before January 1, 2000, when systems currently attempt to perform calculations into the year 2000. Furthermore, some software programs use several dates in the year 1999 to mean something other than the date. Examples of such dates are 01/01/99, 09/09/99 and 12/31/99. As systems process information using these dates, they may produce erratic results or stop functioning. The Year 2000 Issue presents another challenge, the algorithm used in some computers for calculating leap years is unable to detect that the year 2000 is a leap year. Therefore, systems that are not year 2000 compliant may not register the additional day and date calculations may be incorrect. Most of the City's finance software should already be year 2000 compliant but it is important to review all areas where date-dependent computer information is needed and correct any deficiencies. We recommend the City implement verification procedures to test the accuracy of information received from its vendors, service providers, bankers, customers and other third-party organizations with whom it exchanges date-dependent information, because these organizations also must become year 2000 compliant. The Board also should satisfy itself that vendors, service providers, bankers, customers and other third-party organizations will not experience problems relating to the Year 2000 Issue that could affect the City's operations or cash flow. This report is intended solely for the use of management and council. The comments and recommendations in the report are purely constructive in nature, and should be read in this context. We found the City's records to be in good order requiring only one adjustment at year end. Our audit would not necessarily disclose all weaknesses in the system because it was based on selected tests of the accounting records and related data. If you have any questions or wish to discuss any of the items contained in this letter, please feel free to contact us at your convenience. We wish to thank you for the opportunity to be of service and for the courtesy and cooperation extended to us by your staff. ABDO, ABDO, EICK & MEYERS, LLP Certified Public Accountants March 26, 1998 Minneapolis, Minnesota