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1992-01-28CITY OF MOUND ~TSSION STATEMENT% The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M. TUESDAY, JANUARY 28, 1992 CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE. APPROVE MINUTES OF JANUARY 14, 1992, REGULAR MEETING AND THE JANUARY 21, 1992, COMMITTEE OF THE WHOLE MEETING. PG. CASE* ~91-101: DOUG JEPSON & ANN SCHOUWEILER, 4618 KILDARE ROAD, LOTS 11 & 37, BLOCK 11, SETON, PID #19-117-23 21 0031. 184 - 193 e REQUEST: APPROVE A TEMPORARY VARIANCE TO ALLOW TWO PRINCIPAL DWELLINGS ON ONE LOT AND TO RECOGNIZE AN EXISTING SIDE YARD ENCROACHMENT UNTIL COMPLETION OF THE NEW DWELLING. PG. 194 - 207 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE: LIGHT POLE ON PUBLIC LAND, 4701 ISLAND VIEW DRIVE, GREG KNUTSON. PG. 208 - 217 L.M.C.D. COMMERCIAL DOCK LICENSES: AL & AI24A'S, BOAT RENTALS OF MINNETONKA, CHAPMAN PLACE, HARRISON HARBOR TWIN HOMES, SEAHORSE CONDOMINIUMS AND LAKEWINDS. REVIEW AND COMMENT. PG. 218 - 233 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. BID AWARD: 1992 DIESEL POWER SINGLE AXLE, 31,000 GVW WITH PLOW, WING, DUMP BODY & SANDER. (MATERIAL WILL BE DISTRIBUTED TUESDAY EVENING.) APPLICATION FOR A TEMPORARY ON-SALE NONINTOXICATING MALT LIQUOR PERMIT - OUR LADY OF THE LAKE SCHOOL - FEBRUARY 8, 1992. PG. 234 Page 182 10. 11. 12. 13. 14. RESOLUTION REQUESTING HENNEPIN COUNTY TO STUDY THE FEASIBILITY OF ALLOWING BOAT TRAILER PARKING FROM THE NORTH ENTRANCE TO MOUND BAY PARK UP TO THE MOUND BAY PARK DEPOT ON THE EAST SIDE OF BARTLETT BLVD. PG. RESCHEDULE MARCH 10, 1992, COUNCIL MEETING TO MARCH 11, 1992. RESOLUTION TO APPROVE A GAMBLING PERMIT APPLICATION FOR THE VFW POST 5113. PG. FINAL PAYMENT REQUEST - TUXEDO BLVD. - GMH ASPHALT - $12,403.99. PG. PG. PAYMENT OF BILLS. INFORMATION/MISCELLANEOUS Park & Open Space Commission Minutes of January 9, 1992. Pg. Be Fe Ge LMCD Mailings. Pg. Invitation from LMCD to attend the annual "Save the Lake" Banquet, Wednesday, February 19, 1992, at Lord Fletcher's. Please let Fran know ASAP if you wish to attend. Pg. REMINDER: Elected Official Seminar sponsored by the League of Minnesota Cities (LMC), Friday, February 7, 1992. If you are interested in attending, let Fran know immediately. Planning Commission Minutes of January 13, 1992. Pg. Economic Development Commission Minutes of January 16, 1992. Appointments to 1992 NLC Policy Committees. Pg. Pg. 235 236 - 238 239 - 246 247 - 261 262 - 267 268 - 291 292 293 - 298 299 - 300 301 - 302 Page 183 1 January 14, 1992 MINUTES - MOUND CITY COUNCIL - JANUARY 14, 1992 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 14, 1992, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Phyllis Jessen, Councilmembers Andrea Ahrens, Liz Jensen, and Ken Smith. Mayor Johnson was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, City Planner Mark Koegler, Building Official Jon Sutherland and the following interested citizens: Mark Bussey, Annette Flaherty, Bill & Dorothy Netka. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. RECYCLOTTO WINNERS The following persons won $100.00 Westonka Dollars for recycling: Mark Bussy, 3015 Highview Lane and Dale Sedlezky, 5217 Phelps. Mr. Bussy was present to accept his award. 1.0 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the December 10, 1991, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 APPOINTMENT OF ACTING MAYOR FOR 1992 Ahrens moved and Jensen seconded the following resolution: RESOLUTION #92-1 RESOLUTION APPOINTING ACTING MAYOR FOR 1992 PHYLLIS JESSEN The vote was unanimously in favor. Motion carried. 1.2 APPOINTMENT OF ACTING CITY MANAGER Jensen moved and Ahrens seconded the following resolution: RESOLUTION #92-2 RESOLUTION APPOINTING CITY CLERK FP. AN CLARK ACTING CITY MANAGER FOR 1992 The vote was unanimously in favor. Motion carried. 2 January 14, 1992 1.3 DESIGNATION OF OFFICIAL NEWSPAPER FOR 1997 Smith moved and Ahrens seconded the following resolution: RESOLUTION %92-3 RESOLUTION DESIGNATING THE LAKER THE OFFICIAL NEWSPAPER FOR 1992 The vote was unanimously in favor. Motion carried. 1.4 APPROVAL OF OFFICIAL BONDS Jensen moved and Smith seconded the following resolution: RESOLUTION %92-4 RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY CLERK The vote was unanimously in favor. Motion carried. 1.5 Ahrens moved and Jensen seconded the following resolution: RESOLUTION %92-5 RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY TREASURER /FINANCE DIRECTOR The vote was unanimously in favor. Motion carried. 1.6 APPOINTMENT OF COUNCIL REPRESENTATIVES TO V~RIOUS COMMISSION~ Smith moved and Ahrens seconded the following resolution: RESOLUTION #92-6 RESOLUTION APPOINTING ANDREA AHRENB TO THE PARK COMMISSION; LIS JENSEN TO THE PLANNING COMMISSION; AND KEN SMITH TO THE ECONOMIC DEVELOPMENT COMMISSION (EDC) AS COUNCIL REPRESENTATIVES FOR 1992 The vote was unanimously in favor. Motion carried. 1.7 COMMISSION REAPPOINTMENT8 Jensen moved and Smith seconded the following resolution: RESOLUTION #92-7 RESOLUTION REAPPOINTING THE FOLLOWING PERSONS: JERRY CLAPSADDLE & BRIAN JOHNSON TO THE PLANNING COMMISSION; TOM CASEY & BRIAN ASLESON TO THE PARKS & OPEN SPACE COMMISSION; AND BEN MARKS & FRED GUTTORMSON TO THE ECONOMIC DEVELOPMENT COMMISSION - 3 YEAR TERMS - EXPIRING 2/31/94 The vote was unanimously in favor. 3 January 14, 1992 Motion carried. 1.8 DESIGNATION OF OFFICIAL DEPOSITORIES Jensen moved and Smith seconded the following resolution: RESOLUTION #92-8 RESOLUTION DESIGNATING DEPOSITORIES FOR 2992 THE OFFICIAL The vote was unanimously in favor. Motion carried. 1.9 DISCUSSION ITEM: CASE ~91-040: JOHN FLAHERTY, ~313 COMMERCE BLVD. (NETKA BUILDING), PID ~14-117-24 44 0042t AMENDMENT TO CONDITION~T. ~SE PERMIT t91-125. The City Planner explained that this is a discussion item. The applicant originally submitted a floor plan that was part of the approving resolution. He subsequently changed the floor plan which did not conform with the resolution of approval. This would require an amendment to the conditional use permit. An amendment to a conditional use permit requires a public hearing. Thus, the applicant has submitted a third floor plan which is a little different than the language in the resolution, but is in compliance with the terms of the resolution, i.e. allowing only 4 video machines on the main floor, the mezzanine level will not be used until it can be brought up to handicapped code. The Planner then explained that there needs to be some channeling or control over vehicle movement in the alley that runs along the south side of the building where the entrance will be. The suggestion is to install bollards or other barrier devices on private property to ensure the safety of pedestrians entering and exiting the building. The Council discussed the last floor plan submitted and agreed that it was essentially in compliance. They want the plan to show the dumpster enclosure, bike rack and bollards or barriers. The Council advised Ms. Flaherty that if they wish to have additional video machines or pool tables on the main floor, they would need to apply for an amendment to the conditional use permit. 1.10 EXTENSION OF RESOLUTION t91-71, MINOR SUBDIVISION FOR FRANK DREYt LOT 3~ BLOCK 2~ WESTWOOD The Building Official explained that Mr. Drey had neglected to file Resolution #91-71 within the 180 days allowed. He now needs an extension in order to file the resolution at Hennepin County. Smith moved and Ahrens seconded the following resolution: 4 January 14, 1992 RESOLUTION %92-9 RESOLUTION APPROVING A 180 DAY EXTENSION FOR RESOLUTION %91-71, MINOR SUBDIVISION FOR FRANK DREY, LOT 3, BLOCK 2, WESTWOOD The vote was unanimously in favor. Motion carried. 1.11 SET BID OPENING DATE FOR 1992 2 1/2 TON DUMP TRUCK WITH PLOW, WING & BANDER MOTION made by Jensen, seconded by Smith to approve the specifications and set January 27, 1992, 11=00 A.M. for the bid opening for a 1992 2 1/2 ton dump truck with plow, wing and sander. The vote was unanimously in favor. Motion carried. 1.12 RECOMMENDATION RE: SPECIFIC PARCEL OF TAX FORFEIT LAND The City Clerk explained that this small piece just went tax forfeit. It is a separate parcel (divided probably in the 40's or 50's. The City is assuming it was divided to be sold to the owner of Lot 26 to make the dwelling on that lot not encroach on Lot 27. For some reason or another it was never sold to the owner of Lot 26 and was not combined with LOt 27. The Staff recommendation is that the City ask Hennepin County to sell this parcel to the City of Mound and the City will then resell it for the same price to the owner of LOt 26. The owner will then combine this parcel with Lot 26. This will at least make the dwelling on Lot 26 not encroach on Lots 27. Ahrens moved and Jensen seconded the following resolution: RESOLUTION %92-10 RESOLUTION TO REQUEST THE HENNEPIN COUNTY BOARD SELL (PID %24-117-24 41 0079), PART OF LOT 27, BLOCK 26, WYCHWOOD, TO THE CITY OF MOUND TO BE RESOLD TO THE OWNER OF LOT 26, BLOCK 26, NYCHWOOD The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.13 PAYMENT OF BILLS MOTION made by Smith, seconded by Jensen to authorize the payment of bills as presented on the pre-list in tho amount of $567,855.29, when funds are available. A roll call vote was unanimously in favor. Motion carried. 5 January 14, 1992 1.14 GAMBLING PERMIT APPLICATION - OUR L~DY OF TN~ L~KB 8CHOOT, Ahrens moved and Jensen seconded the following resolution: RESOLUTION #92-11 RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FOR OUR LADY OF THE LAKE SCHOOL The vote was unanimously in favor. INFORMATION/MISCELLANEOUS Motion carried. A® December 1991, Department Head Monthly Reports. L.M.C.D. Representative's December 1991 Monthly Report. Financial Report for November 1991, as prepared by John Norman, Finance Director. De Announcement of National League of Cities (NLC) Conference, Washington, D.C. - March 7-10, 1992. Please let Fran know ASAP if you wish to attend. Planning Commission Minutes of December 9, 1991. Park & Open Space Commission Minutes of December 12, 1991. Economic Development Commission Minutes of December 19, 1991. He REMINDER: Committee of the Whole (COW) Meeting, Tuesday, January 21,' 1992, 7:00 P.M., City Hall. REMINDER: City Hall Offices will be closed Monday, January 20, 1992, in observance of Martin Luther King holiday. I/~CD Mailings. Ke IT,S OFFICIAL! Toro has signed a new lease with Welsh Companies. It is a minimum 2 year lease up to a maximum of 10 years with renewal at two, four and eight years. The lease is retroactive to 7/31/91. We are very pleased that Toro and Welsh Companies worked out a new agreement and that we were able to retain one of our largest employers. It is a good economic boost to our City. Memo from Police Chief Len Harrell on the Arbor Lane parking issue. This has been a problem area for parking on the street for the past several years due to a confined space and demand from residents and Common's Dock users. Here is an example of 6 January 14, 1992 Mo Ne Ce Po Qe Re the City trying to work out a problem and reaching a consensus with residents to resolve the problem. Letter from Representative Steve Smith re: our letter expressing concern over the Presidential Primary slated for April 7, 1992. Letter from Representative Steve Smith re: resolution passed by neighboring cities requesting repeal of the Presidential Primary. Information from the League of Minnesota cities (LMC) on seminar for all elected officials scheduled for Friday, February 7, 1992. If you are interested in attending, please let Fran know ASAP. Letter from Senator Patrick D. McGowan, Assistant Minority Leader re: Presidential Primary. Letter from the Lake Minnetonka Lakeshore Owners Association (LMLOA) re: 3rd Annual Community Earth Day celebration to take place on Wednesday, April 22, 1992, from 3:00 - 9:00 P.M. at the Lafayette Club. LMLOA would like to have a City Representative attend a planning session which is scheduled for Tuesday, January 14, 1992, 7:00 P.M. at Lord Fletchers. This conflicts with your Council meeting but if you are interested, we will notify LMLOA so that you can attend future meetings. Final Drafts of Rental Housing Ordinance (Section 319).and Rental Housing Licensing Ordinance (Section 495). Please read these and be prepared to discuss at the C.O.W. Meeting Tuesday, January 21, 1992. Jon Sutherland and myself will be bringing some implementation alternatives to the COW Meeting for you to consider. The Planning Commission has worked very hard, along with Staff, to come up with these proposed ordinances. They have held one public hearing and have dedicated many work sessions to coming up with these proposals. You will have to decide how much detail you want to go into them. Following discussion of the ordinances, you are going to want to spend some time analyzing the implementation alternatives. You will have to decide how much time you want to spend. This has been a major undertaking and it may take several meetings to review and consider. MOTION made by Smith, and seconded by Jesse to adjourn at 8:50 P.M. The vote was unanimously in favor. Motion carried. Attest: City Clerk Edward J. Shukle, City Manager I~'rNUTES - COI~TTTEE OF THE WHOLE HEET~'NG The meeting was called to order at 7 PM. Members present: Mayor Skip Johnson, Councilmembers Phyllis Jessen, Andrea Ahrens, Liz Jensen and Ken Smith (arrived at 7:23 PM). Also present: Jim Fackler, Parks Director; Jon Sutherland, Building Official; Ed Shukle, City Manager and Parker Hodges, Sailor Newspapers. Ed Shukle, City Manager, introduced the topic of Commons markings. He indicated that during the December 10, 1991 city council meeting, the Council talked about the issue of marking the Commons as they relate to the Commons areas so that people would be aware that the Commons are abutting their properties. He indicated that the Park and Open Space Commission discussed this at their December 12, 1991 meeting and again on January 9, 1992. They felt that it was unnecessary for the Council to spend money to build monuments marking the Commons areas. The Council then discussed this and asked the parks director to come back at the next C.O.W. meeting to offer some suggestions on how there could be some marking, but on a limited basis. A draft of procedures in relation to construction on public lands permits was discussed. Jim Fackler, Parks Director and Jon Sutherland, Building Official discussed Ordinance #320 as it relates to the construction on public lands permit. Discussion was also held on the maintenance permit process. Staff was directed to bring back more information with regard to two separate processes so that the Council could take a look at these and provide further direction on how to administer this program. The Council agreed that staff should be aggressive towards enforcing Ordinance #320. This matter will appear on the February 18th Committee of the Whole agenda. The proposed rental housing ordinance as drafted by the city attorney and reviewed by the planning commission was discussed. City Manager Ed Shukle asked that the Council discuss whether they were comfortable with the ordinance as proposed. If so, a discussion could proceed with regard to implementation of the ordinance. Following some discussion on the ordinance itself, Council consensus was to have the City attorney prepare an executive summary of Ordinance #319 and to have the summary ready for the Council prior to any public hearing. Ed Shukle, City Manager and Jon Sutherland, Building Official then discussed a memo dated January 21, 1992 from Sutherland to Shukle on estimated costs for putting the rental housing program into place. Some questions were raised with regard to the implementation procedure: 1) How do we address an owner occupied unit within a rental building? 2) How do we address a renter who objects to having a city inspector inspect his/her rental unit? 3) How can we establish an incentive program so that landlords would not have to have annual inspections if they complied with the COMMITTEE OF THE WHOLE MINUTES, JANUARY 21, 1992, PAGE 2 rental housing ordinance and could have a break in fees if compliance was maintained? 4) How do we address the change of owner issue and whether or not a new license and new fees have to be charged? These and other issues were discussed and staff is to go back and research these items and discuss with the city attorney and bring back responses at the next C.O.W. meeting. Eurasian Water Milfoil disposal was continued until another meeting. A request to Hennepin County to study the feasibility of allowing parking on the east side of Bartlett Blvd. between the north entrance of Mound Bay Park and the Mound Bay Park Depot was discussed, city Council asked that a resolution be prepared to be discussed at the January 28, 1992 regular meeting. The purpose of the request would be to provide additional parking for boat trailers to alleviate congestion that boat trailer parking now causes along Bartlett Blvd. and along Beachwood Road. Goal Setting/Team Building follow up and future meetings was discussed. This matter was continued until the next C.O.W. meeting. Artwork for the council chambers was continued until the next C.O.W. meeting. City Manager Ed Shukle updated the Council on the following issues: 1. Dakota Rail - He indicated that the condemnation commissioners had viewed the properties in question on January 16, 1992. The commissioners met with Eli Mills and his attorney Jeff Brauchle and Jim Larso~, city attorney for Mound and Ed Shukle, City Manager, to look at these properties. The week of February 17, 1992 was tentatively set for the condemnation hearings to be held. 2. Recycling - City Manager Ed Shukle indicated that meetings had been held recently with the cities who are under contract with Knutson Recycling. Knutson has indicated that they are in financial problems due to the fact that the market for recyclable materials is not available for the amount of material that is being collected. The cities have been working with Knutson to try to assist in educating the public on further ways to improve recycling within each of the communities, cities, however, have asked Knutson to give a proposal to them that would spell out what Knutson is looking for to assist them. The city manager pointed out that the cities are in a dilemma because they are intimately involved in promoting and encouraging recycling along with Hennepin County. At the same time, Knutson is under a contract to perform recycling services through the end of 1994. More information on this topic will be available at a later date. COMMITTEE OF THE WHOLE MINUTES, JANUARY 21, 1992, PAGE 3 3. Anthony's Floral - The city manager and the mayor are going to be meeting with Tony and Eva VanDersteeg with regard to their property. 4. Triax - Franchise Fee - The city manager updated the Council on the status of the recent rate increase as instituted by Triax Cablevision. He indicated that the rate has been increased by 5% and that Triax has been trying to communicate this to the public as a franchise tax increase. He indicated that he had met with the regional manager of Triax regarding this and that Triax indicated that they would be putting an ad in the newspapers and would provide a press release to be inserted into the City's newsletter for the purposes of clarifying the rate increase. The city manager also indicated that he had received a legal opinion drafted by Tom Creighton, legal counsel for the Lake Minnetonka Cable Commission, and the attorney who had originally drafted the Mound franchise. Mr. Creighton indicated in his legal opinion that the Lake Minnetonka Cable Commission and other cities under franchise with Triax, should contact Triax to direct them to change the format of their billing system, which explains that the franchise fee is not something that is tacked on to the bill, but rather it is really part of the rate that Triax charges and has been that way since 1983 when the franchise was originally drafted and approved. The city manager is following up on this in conjunction with the Lake Minnetonka Cable Commission. Council also asked that they would like to see a financial statement from Triax if they are publicly held. 5. Single Room Occupancy (SRO) housing projects - The city manager indicated that two persons interested in building single room occupancy ho~sing projects in the suburban areas met with Mark Koegler, city planner and Ed Shukle, city manager the week of January 13, 1992. The purpose of the meeting was to familiarize the staff with this concept and whether this would be something that would interest the City of Mound. Basically, it is a 35-55 unit multiple family housing project with units that are one room (studio efficiency) with private baths and would be offered to persons that would only pay a maximum of $275 per month in rent, which would include utilities. The city manager indicated that he is not sure that Mound has a market for this type of housing. Councilmember Jessen suggested that the city manager contact the Westonka Community Action Network since they are in the process of developing a housing survey to see if there might be a market for this type of housing. 6. Mound Vision Project - The city manager introduced the conceptual plan developed by the Design Committee of the Mound Visions Project and endorsed as a concept by the Economic Development Commission. He indicated that there was going to be an article in the upcoming "Sun Sailor" paper and that he wanted to make sure the Council was aware of what was being discussed prior COMMITTEE OF THE WHOLE MINUTES, JANUARY 21, 1992, PAGE 4 to any newspaper article being issued. He reviewed the conceptual plan and told the Council that a formal presentation would be given at the March 17, 1992 Committee of the Whole meeting by the EDC. 7. Earth Day Committee - The city manager asked again if any members of the Council would be interested in serving on the Earth Day Committee for Earth Day April 22, 1992. Phyllis Jessen indicated some interest in this committee. Other business discussed was the Annual Congress of Cities Conference sponsored by the National League of Cities held in Washington DC, on March 8 - 10. Mayor Johnson and Councilmembers Jensen and Jessen expressed an interest. If three members of the Council attend the conference, the March 10, 1992 Council meeting would have to be postponed or cancelled. The next Committee of the Whole meeting is scheduled for February 18, 1992, 7 PM, at city hall. Upon motion by Ahrens, seconded by Smith and carried unanimously, the meeting was adjourned at 10:50 PM. City Manager ES:is Case Number 92-001 Se The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. ....... ~ZRTBIT 'A' RECEIVED Certificate of Survey gor Douqlas N. gep$on & Ann Schouwe/ler lots 10 and 37, Rlock 11, S~N Ilennep£n County, H£nne$ota LEqAL DESCRIPTION OF PR£MIS£S SURVRYED: Lots 10 and 37, ~lock 11, SETON. ~he location ~f ~n ex~[J.n~ hou~o ~bcreon,.and the proposed locatton of n r, ropo~ed buildinq. [t aoes not nur- e~croachman:s. Iron marker £xisting spot. elevation Propo~',od ~pot elevation ~und City G. L. CON'I'RAC?IN( , INC. #OPICINS, MN ,S$$45~ MTICA., AAN ¢6 I~) t~S.164,S January 14, 1992 RECEIVED JAN 1 6 1992 MOUND PLANNING & INSP. Ann Schouweiler Doug Jepson Re: Project at 4618 Kildare - Spring Park We propose to demo & dispose of existing cabin: $ 1,890.00 Asbestos removal,'if any,ybyothers. Well retirement, if necessary, by others. Excavate basement and frost footings, backfill and grade around house. Haul away excess soil: $ 6,600.00 No permits or testing. Sincerely, '~Dal e Nord Es timator · EQUAl. OPPORTUNII'Y EMPLOYER DAVE'S EXCAVATING, INC. 16110 Halsey Avenue Carver, Minnesota 553 (612) ~t~S-36t42 RECEIVED JAN ! 6 1992 MOLIND PLANNING & INSP. DATE ESTIMATE January 8~ 1992 To Ann Echouweilcr .~: Doug Jeoson E,! ocuin~on, :.'=' = ~.AQ? H 83J-6618 Ann W 8y1-1?1? '~ 623-663~ ~OB DESCRIPTION Doug .3OB NAME/LOCATION 4618 Kildare Road Mound, EN ESTIMATED COST Digging& backfilling of basement, garage & frost footings Pea rock & Hauling, sand fill & hauling Tree removal (stump only) & hauling away Hauling out of excess within a 4 mi. radius $ 20.00 per load molition of existing house , includes hauling ~ dumping , HAt'L~ Y GU $ 3,1to $ 100 3,3/0 O0 O0 This estimate is for completing the job as described above. Estimated cost does not include material price increases or additional labor and materials which may be required should any unfore- seen problems and/or weather conditions arise after the work has been started. 81/13/1992 15:26 FROM ~ELLS TELEPHONE CO.,FAX TO 1&126236777 p.8! P.O. ~ IS8. ~e~. i~LK~e~ S6097-OI58 ~.S07) SS3.3103 RECEIVED JAN 1 6 1992 MOUND PLANNING & INSP. January 13, 1992 Ann Schouweiler Doug Jepson FAX No. 612-623-6777 JOB LOCATION= 4618 Kildare Road--Mound, MN "A HOME OF YOUR OWN" proposal for demolition of existing house, including all hauling and dumping: * $2,848.00 Bob Prange ~ "A HOME OF YOUR OWN," INC TOTAL P.e! MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMHISSION JANUARY 13; 1992 CASE NO. 92-101= DOUG JEPSON & ANN SCHOUWEILER. VARIANCE FOR 4618 KILDARE ROADs LOTS 10 AND 3?, BLOCK 11, SETONa PID ~19-117-23 21 0031. City Planner, Mark Koegler, reviewed the applicant's request for a variance to allow an existing nonconforming dwelling to remain until a new dwelling is constructed on the same lot. With this type of request, customarily the Building Official does not require a variance f the applicant is willing to guarantee removal of the existing structure. The applicant, however, is unable to post the necessary guarantee for removal and is requesting that a $1,000 escrow be established for removal. The estimated cost of removal of the structure, as given by the applicant, is approximately $3,000. Staff recommended that the Planning Commission recommend that the existing side yard encroachment of .9 feet (6.9 foot variance) is recognized and a variance is issued to allow the temporary existence of two principal dwellings on one lot during the period of time when the new home is under construction. Upon completion of the new home, the existing structure is to be immediately demolished and all debris is to be disposed of in a proper manner. This approval is contingent upon the applicant establishing a $1,000 escrow account. Proceeds from the escrow account shall be used by the City of Mound to defray the cost of legal expenses or actual demolition expenses associated with removal of the existinq dwelling should the applicants fail to remove the structure of their own accord. The escrow account shall be refunded to the applicants upon final inspection of the demolished structure by the Mound Building Official. The Planning Commission reviewed finance options. Mueller expressed a concern with issuing a Temporary Certificate of Occupancy for the new dwelling prior to the existing dwelling being removed. How long will two dwellings exist on the lot? He questioned if the escrow could be used toward the removal of the structure such as how a construction loan works. The City Planner did not advise this because the escrow is our only leverage, normally a full guarantee is required. MOTION made by Clapsaddlo, seconded by Voss to recommend approval of staff's recommendation. Motion carried 8 to 1. Those in favor were= Clapsaddlo, Johnson, Weiland, Voss, Meyer, Hanus, Michael, and Jensen. Mueller was opposed. This case will be reviewed by the City Council on January 28, 1992. _Hark Koegler, City plann" er.~ 6, 1992. '" ': ' :""" Variance ReqUest ]~PPLI(~ANT~ ' DoUg Jeps°n ~nd Ann-Schouweiler 91- g .,.'- . .; ,: ':.,-. i: , _ this.ty~e of' case, the Building 'Official does not custgmarily require a variance' if the applicant is willing to guarantee' removal of the existing structure. This practice is followed since removal of the. existing structure deletes the necessXty of a variance. - GUaranteeing removal of the stpUcture requires the submittal of a bond or letter of credit to the.CitY of Mound in an amount equal to or exceeding the cost of r~oval. This requirement has been imposed-on all similar situations for at least .the past 10 years. In this case, the applicant is unable to post the necessary guarantee and is requesting that a $1,000.00 escrow be established for removal. The applicant has supplied the Building Official with a verbal estimate of the cost of removal. The estimated cost is approximately $3,000.00. · ' ~ ~:m~;'~o.M~. MN 55439.~a.~996o The applicants are Seeking . _ a variance to temporarily =wo3pr~ncl~al 4welling units on one lot.- At the present time, exi tingl. ~bme'~ that has a: ~on-confo~ing side '~.-~-.'~r~'~lSet~ck'..~";9~' en~r0~~)~.'t.'.The appliC~ts are proposing to new home.'on. ~e,:10t .~at. oonfo~s .to all setback ~d d~ol!sh~e existl~ home upon completion of the Jepson/Schouweiler Planning Report ~anuary 6, 1992 Page'Two U~fortunately, when these types of situations arise the City has to examine each case and ascertain "what is the worst situation that can occur and how can we prevent it from occurring?" This question is. not meant in any way to reflect on the character of any applicant but must be ask in order to safeguard the public at- large. In ..this case~ the worst situation is that .the new.home wOUld 'be built and the existing home would' not be removed. The ~xi~t'ence~ Of two principal' uses on one lot would be a ViOlati°n of the Mound ZOning Code and may require further legal expense by the City"to force removal of the original dwelling. One Of the primary planning goals for the City of 'Mound is the removal of non-conforming, situations. Removal of an existing non- conforming dwelling and replacement with a conforming structure 'is certainly encouraged. The issue in this case becomes the balance of.-wanting-to encourage such activity while securing _required .guarantees. ..The escrow proposed by the applicant i.s' inadequate to. cover 'the t0tal cost of removal of the structureJ In all likelihood, however, it is an adequate incentive to ensUre that the 'exist!~g home will be removed. . P~C~~TION: Staff recommends that the Planning Commission recommend thatthe existing side yard encroachment of .9 feet (6.9 foot variance) is recognized and a variance is issued to allow the temporary existence of two principal dwellings on one lot during 'the-period of time when the new home is under construction. Upon Completion of the new home, the exiting structure is to be. -immediately demolished and all debris is to be disposed of in a proper manner. Thi~ approval 'is Contingent- upon the applican~!establis~ing'a $1,000 escrow account. Proceeds from the escrow account shall be used by the City of Mound todefray.'the cost of legal expenses or actual demolition expenses associated with removal of the existing dwelling should the applicants fail to remove the structure of their own accord. The escrow accQunt shall be refunded to the applicants upon final inspection of the demolished structure bythe Mound Building Official. CITY OF MOUND 5341Maywood Road Mound, MN 55364 472-1155 CITY OF Fee $50.00 VARIANCE APPLICATION PLANNING & ZONING COMMISSION (Please type or print the following information.) Address of Subject Property ,~'~'/?'/l/~/j~'~//'~ ,/~/ - ~ - . -- ' .~/~: ~. ~3) ~2//~. ~ A~I icant's N~e (i~ o~her ~han o~ner) ~~ Address Lot tion 5 7 /U Existing Use of Property Zoning District Day Phone Block PID No. Has an application ever been mede for zoning, variance, conditional use permit, or other zoning procedure for thts property? yes ( ), no (~). IF yes, list date(s) of application, action taken, and provide resolution number(s) (copies of previous resolutions must accompany this application). VARIANCE REQUESTED FOR: direction Front Yard: ( N S E W ) Rear Yard: ( N 5 E W ) Lake Front: ( N S E W ) Side Yard: ( N S E (~) Side Yard: ( N S E W ) Size: ~,?rinctpal/t~ui lding ( ) Accessory Building setback setback VARIANCE requested required REQUESTED ft. ft. ft. ft. ft. ft. a.?'. .,,.¢' ft. (~n~ roGch~t' ft. sq ft sq ft Ft. Ft. Ft. ft. ft. sq ft VARIANCE APPLICATION ~. Does ~he p~esen~ use o~ ~he p~ope~ conform ~o ~11 ~eGul~ions ~o~ the zontng dlstric~n ~hlch It Is located1 Yes ~, No (). !~ no, spec IEy each non-conformi ng use=. ~ ~ ~~ _. Do the existing structures comply with all area, height, bulk, and setback regulations For the zoning district in which Is located? Yes (), No (~-). IF no, specify each non-conForming use: e Which unique physical characteristics of the subject property prevent its reasonable use For any of the uses permitted In that zoning district? too shal low I dFainage sub-surface snap. other: spec i Fy Was the hardship described above created by the actton of anyone having property interests in the land after the zoning ordinance was adopted? Yes (), No J;3~). IF yes, explain Was the hardship created b any otbQr man-made change, such as the relocation of a road? Yes ~), No ~ IF yes, explaln e Are the conditions of hardship For which you request a varl anc~ pecul i only to the property described In this petition? Yes ~ No ( )~r If no, list some other properties which are slmilarl~ affected? i certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and ac- curate, 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 Inspecti of post ma be requiredn~ orlaw. lng, Intalning and removing such notices as may Appl Icont's Slgneture~x~ P/. ~ / Date/cP -~22, ~// RECEIVED Certificate oE Su:vey fo~ --o~ ~o~$ 10 and 37, ~lock 11, ltennepin County, Ninnesota LE";,AL DESCR~PTIOH OF PREMISES SURVEYED: l,~ts 10 and 37, Block 11, Sr,'~'~ON. This stt=vev in~onds [o show the hound- aries of the above described property, the location of an exi~tina house ~b~reon,.and the proposed iocation of a ~roposed buildinq. It does not mur- port to show any oth~r improvements or o : Iron marker ~'-~ : Existing spot elevation ~ : Proposed spot elevation D~tum: Mound City datum. PROPOSED REBOLUTION RESOLUTION TO ~PPROVE ~ CONSTRUCTION ON PUBLIC L~NDS PER~IT FOR 3 YF,~RS RENEWABLE TO ~ff~LOW A LIGHT POLE WITH T~O SPOT LIGHTS, ~ ELECTRIC~ 0UTL~T, ~ ~T~R~O gP~Rg ~ D~ON COLONS, ~K SITE ~42077, 470~ IS~ VI~ DRIVE~ BLOCK 7~ LOT ~ D~ON WHEREAS, Greg Knutson has applied for a Construction on Public Lands Permit to allow an existing light pole with two spot lights, an electrical outlet, and stereo speakers to remain on Devon Commons, Dock Site #42077, abutting property 4701 Island View Drive, Block 7, Lot 1, Devon, and; WHEREAS, City Code Section 320, requires City Council approval by a four-fifths vote for Construction of any kind on any public way, park or commons, or the alteration of the natural contour of any public way, park, or commons, and; WHEREAS, the subject light pole was erected by a previous owner without Council approval and without the proper electrical permit, and; WHEREAS, the subject light serves security and safety purposes for the general public traversing this portion of the commons and the adjacent public access / fire lane. WHEREAS, the lights do not shine out into the lake, only on the shoreland and beach area WHEREAS, no complaints have been received relating to the stereo speakers and the outlet is used for a weed whip to trim the commons area, and; WHEREAS, the Park and Open Space Commission reviewed this request and recommended approval by a 6-1-1 vote. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: To approve a Construction on Public Lands Permit to continue the use of the subject light pole with two spot lights, an electrical outlet and two stereo speakers, upon the following conditions: ae The permit is approved for three (3) years from the date of City Council approval, at which time an application may be made to renew the permit. be The electrical line be located and shown on a site plan for City records. The lights be shielded. Proof of an electrical inspection be submitted to the City. ~701 ISLAND VIEWDRIVB - GRBG KNUTBON: Liaht ooze on Public lands The secretary handed out copies of the Maintenance Permit Application received from Mr. Knutson today. Park Director, Jim Fackler, inforaed the co~ission that apparently the pole existed prior to Mr. Knutson purchasing the subject property. Fackler referred to the LMCD'8 req~irements for lighting com~ercial docks, which our commons docks are classified. The LMCD ordinance states: "Dock lighting shall not be directed toward the lake in such manner that it impairs the vision of or confuses operators of water craft. No lighting in the area of the lake shall be installed or directed so as to affect adjoining dock use areas or create a hazard to navigation.- The Park Director stated that a shield should be required on the subject lights to help prevent glare. The applicant, Greg Knutson, spoke on his behalf and confirmed that he did not install the pole, however he has replaced the spot lights and the speakers. Me emphasized that the lights are needed for security and safety purposes. He stated that the lights do not shine on the lake, only on the beach area, and to the sides. There is a fire lane to one side that is used by other dock holders for access and the light is very important for them since the grade is steep and the area is difficult to traverse in the dark. Knutson does not know where the wires are buried, but they could be located with a metal detector. If the light pole was moved onto his property, it would not properly illuminate the areas where light is needed for safe traversing. Skoglund questioned what the outlet is used for. Knutson stated that the only use he has for the outlet is to operate a weed whip which he uses to mow the commons area. Knutson pays for all the electric. Me uses the speaker to listen to ball games when he is raking milfoil. Fackler recommended that if the Commission is in favor of allowing the light pole to remain, that 1} The electrical line be located and shown on a site plan for our files, 2) the lights be shielded, and 3) proof of an electrical inspection be submitted to the City. Skoglund asked Ahrens, since her house is two down from Knutson's, if she is affected by the lights or the speakers. Ahrens commented that they have no problems with the speakers and they do not benefit from the light. MOTION made by Byrnes, seconded by Anderson to recommend that the pole be allowed to remain as is, upon the following conditione~ The electrical line be located end shown on a site plan for City records. ~. The lights be shielded. Proof of in electrical inspection be submitted to the City. Casey moved to amend the motion to require that the speakers be removed. Motion died for lack of a second. Asleson commented that there have not been any complaints regarding the speakers. MOTION carried & to ~ with I abstention. Those in favor were: Andsrssm, Eischsid, Byrnes, aslsson, Skoglund and 8chmidt. Cesey was opposed. Ahrsns abstained. This request will be reviewed by the City Council on January 28, 1992. RECEIVED JAN 9 1992 CiTY OF MO(JNDt 5341 MAYWOOD ROADt MOUND~ MN 55364 472-1155 Check One ,' ,' CONSTRUCTION ON PUBLIC LAND PERMIT AI:eLICATION PUBLlC LAND MAINTENANCE PERMIT APPLICATION CONTINUING THE PRESENT USE OF A STRUCTURE OR IMPROVEMENTS ON PUBLIC LANDS OR COMMONS NAME OF COMMONS: ADDITION= LOT= / DATE: J-,~- DAY PHONE, {-/{? DOCK51TE # J BLOCK .' DESCRIBE REQUEST= REPAIR EXISTING STRUCTURE OR IMPROVEMENT TREE TRIMMING CHEMICAL TREATMENT OF VEGETATION RE(:~J~ CONSTRUCT ION OR IHPROVEHENT UNDER-BRUSH TRIMMING EXPLA I N .' Cild APPLICANT MUST FURNISH THE FOLLOWING= One site plan drawn to scale showing dimensions and location of the ex- Isting or proposed structure/Improvement. Type of chemical and method to be used. Name, address, and phone number of contractor performing services. One set of plans and specifications oF sufficient clarity and detail to Indicate the nature and extent of the structure or Improvement. Photographs of the existing structure in need of repair, or of the af- fected area. / / 15 / "k 1:.'5 14 / RECEIVED ,~ P,I 9 1992 DECEMBER 14, 1991 IT IS TO THE BEST OF MY (OUR) KNOWLEDGE THAT THE POLE IN QUESTION ON DEVON COMMONS HAS BEEN THERE FOR YEARS. THROUGH PROPER INSPECTIONS THE CITY OF MOUND SHOULD HAVE BEEN AWARE OF THIS POLE YEARS AGO. 4673 ISLAND VIEW DRIVE MOUND, MINNESOTA M~D~ MINNESOTA DRIVE 4705 ISLAND VIEW DRIVE MOUND, MINNESOTA TOM LATCHMAN 4711 ISLAND VIEW DRIVE MOUND, MINNESOTA RECEIVED JAN 9 1992 October 10, 1991 CITY OF MOUND PARK AND OPEN SPACE COMMISSION Guidelines for AIIowin~ Lights on Public Lands 1) 2) 3) 4) 5) 6) 7) 8) 9) Lights are allowed only to illuminate substantial safety hazard areas such as stairways with an excessively steep in- cline, and for substantial security reasons. The light shall be limited to illuminate only the area specified and must be shielded or otherwise directed to prevent direct illumination out across public waters. Lights must be installed by a licensed contractor and in- stalled to code. If there is an alternative location for the light on private property, it shall not be allowed on public property. The applicant must provided the City with a survey or a s- caled site plan showing the location of the light after it is erected. The light is to be maintained by the applicant. Abutting neighbors shall be notified of meeting date when a request is proposed to be heard. The light shall conform to Zoning Code Section 23.706 relat- ing to Glare (copy attached). The character of the commons shall be taken into considera- tion. Appendix 23.70 Screening Screening shall be required in all residential zones where (a) any off- street par.king area contains more than four (~) parking spaces and is within th!try (30) feet of an adjoining residential zone, and (b) where the driveway to a parking area of more than six (6) parklng spaces Is t.;ith;n fifteen (15) feet of an ad]olnlng res;dentlal use or zone. 14here any business (structure, parking or storage) is adjacent to property zoned or developed for any residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided vfl~ere a business, parking.. lot, or industry is across the street from a residential zone,'but no~ on that side of a business or Industry considered to be the front (as · .determined by the Building Inspector)'. All exterior storage in con~nercial districts shall be screened. The.. exceptions are: (1) merchandise being displayed ~or sale; (2) materials and equipment presently being used for construction on the premises; (3) merchandise located on service station pump Islands; ali exterior storage in commerclal districts shall not impede traffic control and must follow Section 23.71q of this Ordinance. The screening required In thls section may consist of a fence, tre~s, shrubs and harms not less than five ($) feet high but shall not extend within fifteen ~.(15) feet of any street or driveway. The screenln~ s~all .. be placed along.property ¥ines or.in case of screening along.a street, twenty (20) feet from the street rlght-of-~ay ~ith landscaping between the screening and pavement. The screening shall not block direct vision. Plantlng of a type approved by the City Council may also be required in addltlon to or In lieu of fencing. 23.705 ~andscapln9 Haintenance In all districts, a11' structures requiring landscaplng and fences shall be maintained so as not to be unslghtly or present harmful health or. safety conditions. .23.706 .' Glare 'in all districts, any llghtlng used to 111umlnate an.off-street parking area, sign, or other structure, shall be arranged so as to deflect light away from any ad~oinlng resldentlal zone or from the public streets. Direct or sky-reflected glare, where from floodlights or from high- . . · '" temperature processes such as combustion or ~eldlng, shall not be directed ' -' into any ad~olning property. The source of lights shall be hooded or controlled in some manner so as not to light adjacent property. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of llghts which cast light on a public street shall not exceed one (1) foot candle ~' (meter reading) as meas'ured from the centerline of said street. Any [ light or'combination of lights which cast light on residential property shall not exceed O.h foot candles (meter reading) as measured from said property line. -51- ~)-21-87 or 2) have any horizontal dimension greater than 8 feet, 3) have a greater horizontal surface area than 36 square feet, or 4) be used for advertising. ~bd. 12. Lighting~. Multiple docks or mooring areas and commercial docks shall ~e suitably and adequately lighted in accordance with district regulations. No oscillating, rotating, flashing or moving sign or light may be used on any dock. Dock lighting shall not be directed toward the Lake in such a manner that it impairs the vision of or confuses operators of water- craft. No lighting in the area of the Lake shall be installed or directed so as to affect adjoining dock use areas or create a hazard to navigation. Subd. 13. No Vested Rights. It is anticipated that in the future it may become necessary for the LMCD to attempt to make an allocation or apportionment of multiple dock, mooring area, commercial dock and launching facility privileges on and within the Sake, on an equitable basis, in order to avoid overcrowding of the Lake, or portions thereof and in order to balance the many conflicting demands upon the Lake. In order to give notice to licensees that the license does not create any vested rights and that future regulatory actions by the LMCD may necessitate modifying or discontinuing the facility for which the license is granted, each license shall state upon its face that the licensed facility is subject to existing and future density polices and regulations adopted by the Board. Subd. 14. Renewal of Licenses. Applications for renewals of licenses under this section shall be made no later than December first of the year preceding the year for which the license is sought. The Executive Director shall not accept license applications received after December 1st unless the application is accompanied by a late fee, which shall be estab- lished from time to time by resolution of the Board. A public hearing is not required for a license renewal unless requested pursuant to Section 1.06, Subd. 12. Subd. 15. Transient Authorized Dock Use Area. The transi- ent use of docks or specified portions thereof may be authorized by the Board for commercial docks. Such docks or portions there- of may be used only for transient uses of the commercial estab- lishment and no watercraft shall be permitted to remain overnight. Section 2.04. District Moorin~ Areas. Subd. 1. Establishment. District mooring areas may be established and maintained in the Lake beyond the authorized dock NINUTES OF ~ NEETINO OF THE NOUND ADVIBORY PLANNING CONNISBION ~X.NUAR¥ ~ 1992 APPROVAL OF 1992 LMCD COMMERCIX~ DOCK LICENSE APPLICATIONS= A1 & Alma'st Boat Rentals of Minnetonka, Chapman Placer Harrison Harbo~ Twin Homes, Seahorse Condominiums, and Lakewind~ The Planning Commission reviewed the 1992 Commercial Dock Applications. They had only one comment relating to Lakewind's application and the 16 transient slips that are being held for future use. Chair Meyer requested that Council Representative, Liz Jensen, relay the Commission's concerns regarding this dock, and remind them that this dock does not meet the zoning code requirements if it is planned to be used by a business in the old Donnie's building. MINUTES OF & MEETING OF THE MOUND ADVISORY PARK AND OPEN BPACE COMMISSION JXNUARy 9, 1992 ~NCD COMMERCIAL DOCK LICENSES~ A1 & A!~a's, Boat Rentals O~ Ninnetonka, Chapman Place, Harrison Harbor Twin Homes, Seahors~ Condominiums, and Lakewinds The Park Director informed the Commission that the subject commercial dock applications are the same as in previous years, no changes are being requested. MOTION made by Ahrens, seconded by gischeid to recommend approval of the 1992 Commercial Dock License applications for &l & Alma's, Boat Rentals of Minnetonka, Chapman Place, Harrison Harbor Twin Homes, Seahorse Condominiums, end Lakewinds. Casey stated that he believes the Commission should address A1 & Alma's encroaching walkway. The Park Director commented that A1 & Alma's is very cooperative and {hey maintain the adjacent Chester Park by raking milfoil, mowing, and picking up garbage. Casey commented that allowing this encroachment is not consistent, what makes A1 & Alma's unique? If the encroachment is going to be allowed, then it should be recognized. MOTION carried with 7 in favor and I abstained. Those in favor wares Andersen, Eischeid, Byrnes, Casey, Asleson, &hrens & 8clunidt. Skoglund abstained. Case Number 92-001 PROPOSED RESOLUTION $91- RESOLUTION TO APPROVE A TEMPORARY VARIANCE TO ALLOW TWO PRINCIPAL DWELLINGS ON ONE LOT AND TO RECOGNIZE AN EXISTING SIDE YARD ENCROACHMENT UNTIL COMPLETION OF THE NEW DWELLING FOR THE PROPERTY AT 4618 KILDARE ROAD~ LOTS 10 AND 37, BLOCK 11, SETON, PID $19-117-23 21 0031 P&Z CASE NUMBER 92-001 WHEREAS, The applicant has applied for a variance to recognize an existing side yard encroachment of .9 feet (6.9 foot variance) and to allow the temporary existence of two principal dwellings on one lot during the period of time when the new dwelling is under construction, and; WHEREAS, The applicant agrees to remove the existing dwelling immediately after completion of the new dwelling, and; WHEREAS, The Building Official does not customarily require a variance if the applicant is willing to guarantee removal of the existing structure. Guaranteeing removal of the structure requires the submittal of a bond or letter of credit to the City of Mound in an amount equal to or exceeding the cost of removal. The applicant, in this case, is unable to post the necessary guarantee and is requesting that a $1,000 escrow be established. Three estimates for the removal of the dwelling have been submitted by reputable contractors, they are: $6,600, $3,360, and $2,848, and; WHEREAS, The proposed new dwelling will conform to all zoning code regulations, and; WHEREAS, The subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of 10,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 15 foot rear yard setback, and; WHEREAS, The Planning Commission has reviewed the request and recommended approval with a 8 to 1 vote. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Case Number 92-001 The City does hereby approve a variance recognizing an existing side yard encroachment of .9 feet (a 6.9 foot variance) and to allow the temporary existence of two principal dwellings on one lot during the period of time when the new dwelling is under construction, contingent upon the following conditions: Upon completion of the new home, the existing structure is to be immediately demolished and all debris is to be disposed of in a proper manner. The applicant must establish a $1,000 escrow account. Proceeds from the escrow account shall be used by the city of Mound to defray the cost of legal expenses or actual demolition expenses associated with removal of the existing dwelling should the applicants fail to remove the structure of their own accord. The escrow account shall be refunded to the applicants upon final inspection of the demolished structure by the Mound Building Official. The City Council authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) of the Zoning Code with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of a new conforming single family dwelling as shown on the attached survey (Exhibit A). This variance is granted for the following legally described property: Lots 10 and 37, Block 11, Seton, PID ~19-117- 23 21 0031. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. KE MINNETONKA CONSERVATION DISTRICT December 13, 1991 City .of Mound c/o ~dward ShuKte 5341 May~ood Road Mound, MN 55364 DEC 1 6 1991 Dear Mr. Shukle, The Lake Minnetonka Conservation District has received an application for a Multiple Dock and Mooring Area license as described on the attached certificate. It is the policy of the LMCD that all dock license applications be referred to the appropriate city for ~review, and that a certificate indicating compliance with local regulations be received from the city before final action of the District on the application. L:"!.!lf'a certificate, or a request for delay of certificate for any reason, is not received from the city within &5 days of this mailed notice, the District viii proceed with consideration of the application. Please execute the enclosed certific~te and return it to this office so that prompt action may be taken on the application. Sincerely, CONSERVATION DISTRICT Rachel Thibault Administrative Technician RT,JIm eric A1 & Alma's Supper Club Boat Rentals of Minnetonka::Inc. Chapman Place Harrison Harbor Twin Home Association Seahorse Condominium Association MUNICIPAL CERTIFICATION FOR HULTIPLE DOCK LICENSE APPROVAL FOR 1992 Section 1.06, Subd. 11 of the Lake Minnetonka Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relleve any person from the responsibillty of obtaining required licenses, permits or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. LNCD hereby advises its member municipality that the following person/firm/organization has applied for a new/renewal license for a multlple dock and/or mooring area. A1 & Alma's Supper Club, Merrit Geyen 5201 Piper Road, Mound Name and Address of Applicant Same Location of Docks 24 Slips and/or -0- Moorings I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements of the city of Mound for the facility described for 1992. Authorized Signature Date z'zt MUNICIPAL CERTIFICATION FOR MULTIPLE DOCK LICENSE APPROVAL FOR 1992 Section 1.06, Subd. 11 of the Lake Minnetonka Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relieve any pets'on from the responsibility of obtaining required licenses, permits or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. LMCD hereby advises its member municipality that the following person/firm/organization has applied for a new/renewal license for a multiple dock and/or mooring area. Boat Rentals of Minnetonka inc. Charles R. Jones, P.O. Box 461, Spring Park 55384 Name and Address of Applicant 4850 Edgewater Drive Location of Docks 44 Slips and/or -0- Moorings I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements of the city of Mound for the facility described for 1992. Authorized Signature Date ,' STADIA ?'OCATION OF EXISTING, ~OCKS FOR.' Mr. Charles. Oones )Ject to Order of 6-27-84 and action of 1-23-91 supersedin8 l~oard action of 4-22-87 and 10-28-87. BOAT RENTALS OF MINNETONKA, INC. ./ % MUNICIPAL CERTIFICATION FOR MULTIPLE DOCK LICENSE APPROVAL FOR 1992 Section 1.06, Subd. 11 of the Lake Hinnetonka Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relieve any person from the responsibility of obtaining required licenses, permits or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. LMCD hereby advises its member municipality that the following person/firm/organization has applied for a new/renewal license for a multiple dock and/or mooring area. Chapman Place 2670 Commerce Blvd. Mound 55364 Name and Address of Applicant Same Location of Docks 27 Slips and/or -0- Moorings I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements of the city of Mound for the facility described for 1992. Authorized Signature Date FEB 14 1989 LM.C.O. Subject to the Order of ~.-22-89 Revised Dock Plan Beeting 20' set back requirements beyond 100' point per Dock Committee resolution of 2/11/89 meeting. I / ~ql -~-7 ~) I [ MUNICIPAL CERTIPICATION FOR MULTIPLE DOCK LICENSE APPROVAL fOR 1992 Section 1.06, Subd. 11 of the Lake Minnetonka Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relieve any person from the responsibility of obtaining required licenses, permits or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. LMCD hereby advises its member municipality that the following person/firm/organization has applied fOr a new/renewal license for a multiple dock and/or mooring area. Harrison Harbor Twin Home Association HRs. Charlene McMillan, P.O. Box 368, Mound 55364 Name and Address of Applicant 1838 Commerce Blvd Location of Docks 7 Slips and/or -0- Moorings ************************************************************ I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements Mound of the city of for the facility described for 1992. Authorized Signature Date '"' l~t~ 7 P I ~1~ I - ,._,,~3~.~ ~ I~1 1 o/19/9o ~ o~ ~_z~> MUNICIPAL CERTIFICATION FOR MULTIPLE DOCK LICENSE APPROVAL FOR 1992 Section 1.06, Subd. 11 of the Lake Minnetonka Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relieve any person from the responsibility of obtaining required licenses, permits or other permission from any federal, state, municlpal, county or other governmental agency having jurisdiction over the Lake. LMCD hereby advises its member municipality that the following person/firm/organization has applied for a new/renewal license for a multiple dock and/or mooring area. Seahorse Condominium Association Joyce Gotter, Administrator, 5440 Three Points Blvd. Mound, 55364 Name and Address of Applicant Same Location of Docks 77 Slips and/or -0- Moorings ************************************************************ I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements of the city of Mound for the facility described for 1992. Authorized Signature Date that the slips be marked with "Visito~ Parking ~ly" signs. ~ 10 transient slips~ no ~. ,. ~~ ~-~7,~- %%, ,. ~' , .-~-%...,,,',, ,, --..,,~.. ~~.~.,, ,~-.'~-. 7 :.' ;'. ~.- Z MINNETONKA CONSERVATION DISTRICT ~oo F...AST~I~Y'ZATABO~Lk-VARD. ~ t~o WAYZATA. MINNESOTA 553~! TI~ 61~47~.7~ December 20, 1991 DEC 9 3 1991 City of Mound c/o Edward Shukle, Manager 5341Maywood Road Hound, M~ 55364 Dear Mr. Shukle, The Lake Minnetonka Conservation District has received an application for a Multiple Dock and Mooring Area license as described on the attached certificate. It is the policy of the LMCD that all dock license applications be referred to the appropriate city for review, and that a certificate indicating compliance with local regulations be received from the city before final action of the District on the application. If a certificate, or a request for delay of certificate issuance for any reason, is not received from the city within- 45 days of this mailed notice, the District will proceed with consideration of the application. ~eaae execute t~e eac~osed ce~tJ[~cate .aad ~etu~ it to this office so that prompt action may be taken on the application. Sincerely, MIN~ETONKA CONSE.RVATION DISTRICT Administrative Technician RT,Jlm eric Lakewinds Association MUNICIPAL CERTIPICATION FOR MULTIPLE DOCK LICENSE APPROVAL FOR 1992 Section 1.06, Subd. 11 of the Lake Minnetonka Conservation District (LMCD) Code provides: Compliance with other laws. The issuance of a license or permit by the district does not relieve any person from the responsibility of obtainlng, required licenses, permits or other permission from any federal, state, municipal, county or other governmental agency having jurisdiction over the Lake. LMCD hereby advises its member municipality that the following person/firm/organization has applied for a new/renewal license for a multiple dock and/or mooring area. Lakewinds Association c/o Michael Koch, Manager, Garsten Management Corp. 2550 University Ave W # 110 Name and Address of Applicant 4379 Wilshire Blvd St. Paul, MN 55114-1052 Location of Docks 59 S,1 ips and/or -0- Moorings I certify that the above license applicant has met the zoning ordinance and any other city permit or license requirements of the city of Mound for the facility described for 1992. Authorized Signature Date LAKEWINDS: Subject to signed written agreement with Donnie's on the ~ke, Inc. for use of separate dockage with 16 transient slips, and no overnight boat parking be allowed. January 27, ]992 ( ITY of M()UNI) TO: Ed Shukle City Manager FROM: Geno Hoff Street Supt. SUBJECT; Truck Bids The City of Mound advertised for bids for the purchas~ of a 1992 Diesel Power Single Axle 31,000 G.V.W. Truck with plow, wing, dump body and sander. The bids were opened at 11:00 A.M., Monday January 27, 1992. The City received three bids, North Star International T~uck, Inc., Lakeland Ford Truck Center, Inc. and Boyer Trucks, Inc. The bids are as follows: North Star - cab and chassis snow equipment TOTAL $37,906.00 $30,613.00 $68,519.00 North Star also has an alternate bid for the equipment of $26,942.00. The problem with the alternate is that it doesn't meet the specifications. The City's specifications called for the dump box to be 9' long, 96" wide. Alternate is 9' long, 87" wide. City calls for trip wing, not trip edge. City calls for a Cessna 70523-LBQ hydraulic pump, they bid a Rexroth pump. I also have a problem with the alternate bid because there is very little information given with the equipment. Lakeland Ford Truck Center, Inc. cab and chassis snow equipment $38,391.00 $30,613.00 TOTAL $69,004.00 Boyer Trucks, Inc. cab and chassis $37,587.00 snow equipment $30,613.00 TO~ $68,200.00 printed on recycled paper The bids that we received, not counting the alternative, are bidding Frink Equipment. Frink is what we haue on al! of the 2 1/2 ton trucks and we have had very little trouble with the equipment. It is my recommendation that we except the Boyer Truck, Inc. for $68,200.00 for the truck and equipment. $10.00 for 3 days plus $2.00 per day after third day Limited to Ten Consecutive Days Only Four Per Year to any Organization Dates Permit Will Be Used' I d lTgg 117 OF I iOUND__ CITY OF MOUND TEMPORARY ON-SALE NON-INTOXICATING MALT LIQUOR PERMIT Event: Address Organization: Address: ~g Phone NO.: c~'~ chairman Home Phone hone: section 810.10, Subd. 2. liability lnsuranct. (e) Prior to the issuance of any Beer ticmse, the applicant shell demonstrate proof of financial resp~-~ibttity Iith regard to liability i~Ix~ed by Ninnesota Statutes Sectim ~0A.801 to the City Clerk and to the Cemissic~er of Public Safety es I cenditim of the issuar~e or rerevaJ of his License. Proof of financial reopo~sibility shaJ~ be given by filing I certificate that there 18 In effect in surarce policy or pool providing the eininut coverages for dram shop liability a, required by 141nnatoti Statutes, Section 3~0A.409, Subdivtsten 1. it I~ the Intent of thla ~ectlon to require the mtntm~n insurance coverages end aaount$ required by #tn~esota law. Name of Insurance Co.: C~;b~t~//'C Amount of Coverage: ~ ~ OOO ~ Section 810:10. Sued. 1. Al~licatief~ Fort. in the case of any application for I Temporary NOn-Sale# license to 8t- Io~ sate and coesu~ptton of beer m pd3tlc land or public school tind~, the applicant ~hatt, prior to Ilsuance of such license, file the written co~,e~t of the o,,mer of such tard~ to such use of itl tllrds. Date RESOLUTION NO. 92- January 28, 1992 RESOLUTION REQUESTINH HENNEPIN COUNTY STUDY THE FEASIBILITY OF ALLOWINH BOAT TRAILER PARKINH WHEREAS, the City Council is concerned about having adequate boat trailer parking around the public access to Lake Minnetonka at Mound Bay Park; and WHEREAS, they are investigating additional parking areas in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the City Council is hereby requesting that Hennepin County study the feasibility of allowing boat trailer parking from the north entrance to Mound Bay Park up to the Mound Bay Park Depot on the east side of Bartlett Blvd. January 28, 1992 RESOLUTION NO. RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FOR VFW POST 5113 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves the gambling permit application for VFW Post #5113, 2544 Commerce Blvd., Mound, MN. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk ~n~so~a ~u~u~ Ca~b~ Premise Permit Application - Part 2 of 2 MAR~ BANK MOUND 0027.3 091 908603 024 315 2220 COMMERCE BLVDo MOrjND ~ 553,.4 ............ . ..... ~:', ...... .~.~.~:~..:~:~_.: .... ~.. DAVID V. KLEIN RT I BOX 198A MONTROSE, MN 55363 GAMB.MNGR. GARY PETERSON 5109 TUXEDO BL;D MOUND, MN. 55364 POST COMMANDER ~e~r~ ~pmmbeo~ · . ~ th~ law. 4 will fafldhrizo mysd wiih the laws of MirvtosoM ~' or ~~ ~n~p" MOUND LG214 Premises Permit Application - Part I of 2 K~E # [~j ~ IIMM[ ,mi) Ommizalkmtmser~msenumber A-00469-003 ~ A~) ~~~.~s.~ ~~w ~ B~ ~.~~~.~ ~. ~*.::.. ' ..~ ~E~AIN-GOUDY ~W POST 51 13 ~544 ~~ BL~. MO~D ~. 55364 ~D ~ 55}~ H~EPIH 61 2-172-~ 621 ~ST ~D~ 61 2-~24-2.84 ~Y P~SON ~. CHAHBERLAIN-GOUD¥ VFN POST 51 1 3 2544 COHNERCE BT,VD. HOUND )iN. 55364 ~i~e~;~'~ii~--??P~...~:.~- .~....~o -, ___~i~._....~._ .P .- .--_~:-.:~.:',-,.- ....... : ............... ':~- ~- · "-'-'-".'. .... · ..................... ~Si~ ~i~ State Z~p ~ 2544 COH)iERCE BLVD. NOU..D, ~N. 55364 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone 612,'476-6010 612/476-8532 FAX Engineers Planners Surveyors Sanuar7 21. 1992 'JAN 2 3 Mr. Edward J. Shukle, Jr., City Manaimr City of Mound 53q! Ma,ywood Road Nound, Minnesota 5536q City of Mound, Minnesota Tuxedo Boulevard SAP lq5-101-07 Final Payment Request MFRA #9251 Dear Ed: Enclosed is ~4H Asphalt Corporation's Final Payment Request for the subject project. The a~ount of this r~quest is $12,403.99. Because this work is fully completed, we are not recommending any amount be retained. We have reviewed this project with Geno Hoff, Street Superintendent, and find that it was completed in general accordance with the plans and specifications. It is our recommendation that the Contractor be paid in full for this project. If you have any questions or need additional information, please contact US. JC:jmj Enclosures cc: Geno Hoff, Street Superintendent Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Ca~eron An Equal Opportunity Emplc;,er CON TRAC TO R PAY ESTIH~T£ NO. OS PAGE CITY OF HOUNO, HINNESOTA - TL~EDO BL~ SAP 14S-101-07 01 ENGINEER: HcCOHBS FRANK ROOS CONTRACTOR: GHH ASPHALT CORP. IsOr-r~O 2230 RUE. N. 17018 SAI)OLEI~O00 PLYI~OUTH, HN sr~4T Hll(A, HN 55345 DATE: 0111S/'~ -- CONTRACTOR PRY ESTIHATE SL~ARY -- THIS PERIO0 TO DATE MORK CONPLETED RECONSTRUCTION ON TUXEDO BOULEVARD HATERIALS ON SITE RECONSTRUCTION ON TUXEDO BOULEVARD AO;~USTED TOTAL LESS RETAINAGE - 82 PREVIOUS, 0.00 1F~,049.~ O. O0 0. O0 0.00 O~ CURRENT -J2,403.99 0.00 TOTAL AHOUNT DUE FOR MORK COHPLETEO TO DATE LESS PREVIOUS PAYHENTS J2,403.99 155,049.~ -0. O0 14;~,64.~.93 TOTAL AHOUNT DUE 1~.,403.99 la,403.99 Iiit11111tiilt111tiitttililtttt# ! # tiiitt -- SUHHARY OF PREVIOUS PAYHENTS -- ESTIHATE NO. DATE I 06105/91 2 0'//J2/91 3 09110/91 4 147.101/91 ENGINEER: HcCOHBS FRANK ROOS AHOUNT TOTA 11,739.57 11,739.57 :3c3,~?~73.60 50,9~.17 84,841.81 1L'~, 804.98 6,840.95 14~,~5.93 APPROVEO: ~'/~ ~ ~ - CONTRACTOR: GHH ASPHALT CORP. CONTRACTOR PAY ESTIHATE NO. ~ PAGE c'JE~ E~1 CITY OF I(OUND, I(INNESOTA - TUXEDO BLUD SikO 145-101-07 RECONSTRUCTION ON TUXEDO BOULEUARD ENGINEER: I(cCONBS FRANK ROOS CONTRACTOR: ~ ASPHALT COP, P. 15050 23RD AUE. N. 17018 SAODLEWOOD PLYHOUTH, l(N 5~47 D~TE: 01/15/9E NTNA, l(N 55345 -- PAYHENT SUI~HARY FOR tiORK COHPLETED TO DATE -- ITEl( ITEl( NO. DESCRIPTION I NOOIL IZATION 2 REN. CONC, C&G 3 REHOUE SEIER PIPE(STOP, H) REHOUE BIT. PAUEHENT REHO~E BIT, SIDEWALl( RENO~ CONCRETE STEPS REHOUE CASTINC ASSEHBLY SAWING BIT, PAUE~NT COtil(ONEXCAUATION 10 SELECT GRANULAR BORROW 11 TOPSOIL BOP, ROW (LU) 1E AGC.BASE,CL.S, IOOZQR RI< 13 NILL BIT~INOUS SURFACE 14 TYPE 41 lEAR COURSE 15 TYPE 31 LEUEL COURSE l(IX 16 TYPE 31 BIT.I(IX-PATCHINC 17 TYPE 41 BIT.I(IX--ORIUE 18 BIT. tMTL FOR T~CR C80T 19 RECONS.STONE RET, li~,L 20 CONCRETE STEPS 21 IE' RCP ~RON #/T.C. ~E ~' RCP SEtER, CLASS 5 ~3 ADSUST UN. UE BOX (GATE) ~4 CONST.C.B. DESION G 25 CONST.C.B. DES E6 RECONST. CATCH BASIN O? CASTING ASSEl(BLY 28 INSTALL CASTING E9 ADSUST FR~E & RING CAST 30 4' CONCRETE SIDEWALK 31 CONC. CUR8 & GUTTER B610 3~ 6' CONCRETE DRIUE PAUE 33 O' CONCRETE DRIUE PAUE 34 4' BROI(.C.L.YELLO# PAINT 35 SO[DING TYPE LAWN 36 RIP RAP 37 REVUE CONC. SII)EWALK 38 REI(OUE CONC. PAUEl(ENT 39 SAW CONG. PAUEHENT 40 HANORAIL FOR STEPS CONTRACT UNIT QUANTITY UNIT PRICE QUANTITY 1.0 LS 2,000.00 0.0 50.0 LF 10.80 0.0 150.0 LF 8.50 0.0 3,980.0 SY 1.60 0.0 2,800.0 SY 1.60 0.0 1.0 EA 300.00 0.0 6,0 EA 50.00 0.0 6,470.0 LF 0.75 0.0 SO.O CY 5.00 0.0 160.0 CY 10.00 0.0 460.0 CY 5.00 0.0 50,0 TN 15.00 0.0 100.0 SY 8.80 0.0 1,380.0 TN 23.~ 0.0 180.0 TN 28.00 0.0 220.0 TN 4B. O0 0.0 ~.0 TN 48.80 0,0 700.0 gAL 1.80 0.0 100.0 SE 10.00 0.0 1.0 EA ~5.80 0.0 1.0 EA 345. O0 0.0 400.0 LF 15. E0 0.0 3.0 EA 50.0<) 0.0 6.9 LF 175.80 0.0 3.4 LF 175.00 0.0 11.8 LF 130.00 0.0 8.0 EA 105.00 0.0 3.0 EA 90.00 0.0 22.0 EA 125. O0 O. 0 14,000.0 SF 1.10 0.0 5,910.0 LF 4.40 0.0 363.0 SY 17.80 0.0 53.0 SY 21.50 0.0 3,000.0 LF 0.18 0,0 4,000.0 SY 1.40 0.0 1.0 LS 143.75 0.0 95.0 SF 2.50 0.0 100.0 SF 3.00 0,0 24.0 LF 5.75 0.0 1.0 LS 414.80 0.0 .... THIS PERIOD ..... AHOUNT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.80 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 QUANTITY AI(OUNT 1.0 2,000.00 55.0 ~0. O0 94.0 799.00 3,980.0 6,368.00 P,800.O 4,480.00 1.0 3O0, O0 4.0 6,470.0 4,8r~.50 50.0 ~0. O0 250.0 2,500.00 168.0 840, O0 385.8 5,787.00 378.6 3,~8.80 1,511.5 36,049.27 40.8 1,1'h?..40 1%.9 9,451.20 3E.E 1,~5.60 O80.0 880.00 1~.6.8 I,E~SS. O0 1.0 .~.00 1.0 345.00 411.0 6,247.E0 5.0 ~0. O0 5.7 997.50 2.9 507.50 11.5 1,495.00 11.0 1,155.00 3.0 ETO. O0 22.0 2,1SO.O0 13,679.0 15,046.90 6,007.0 L~G, 430.80 420.0 7,476.00 62.0 1,333. DO 3,000.0 EMO.O0 3,780.0 5,Lx~.. O0 1.0 143.75 95.0 ~37.50 38~.0 1,164.00 24.0 138. O0 1.0 414.00 CONTRRGTOR P~Y F'~TIM~TF NO. 0~ F"~G;E CITY OF HOUND. H~NNESOT~ - TUXEDO BL~ S~ 14S-101--07 RECONSTRUCTION ON TUXEDO BOULEWRD 0::3 -- PAYHENT S~H~RY FOR WOI~ COHPLETEI) TO DATE -- ITEH ITEH CONTRACT NO. DESCRIPTION QUANTITY UNIT UNIT .... ~I$ ~RIOO .......... TO OA'I1~ ..... PRI~ Q~NTITY ~O~T QLN~NTITY ~O~l TOTAL RECONSTRUCTION ON TUXEDO BOULEUARD CONTRACTOR PAY ESTTHATE NO. ~ PACE ~E~.~ 1 CITY OF HOUNO, #INNESOTA - TUXEDO BLqA) SAP 145-101-07 RECONSTRUCTTON OH TUXEDO ~UL£VARD ENCINEER: HcCONBS FRAM( ROOS CONTRACTOR: CHH ASPHALT COP. de,, 15050 03RD AUE. N. 17018 SAOOLEWO00 PLYNOUTH, Hi( 55447 DATE: 01/15/9E Hll(A, HN 55,345 -- PAYHENT SL~ARY FOR HATERIALS ON SITE -- ......... THIS PERIOD -- ITEH ITEM CONTRACT UNITS INUOICE UNITS TOTAL NO. DESCRIPTION QUANTITY DELI~RED PRZCE ON SITE ITEH UALUE TOTAL RECONSTRUCTION ON TUXEDO BOLILEUARD INUOICE PRICE TO DATE ............ UN I TS TO TAL ON SITE ITEM UALUE 0.00 CONTRACTOR PAY ESTIHATE NO. 05 PAGE CITY 0¢ HOUND, HINNESOTA - TUXEDO BLVO SAP 145-101-07 RECONSTRUCTION ON TUXEI~ BOULEVARD ENGINEER: HcCOHB$ FRANK ROOS CONTRACTOR: CHH ASPHALT COP, P. ~050 23RD AVE. N. 17018 SAi)OLEMO00 PLYHOUTH, HN .~47 HTKA, HN OATE: 01/lS/~ -- SUHHARY OF CHANGE ORDERS -- CHANCE OROER NO. 01 06/05/91 143.75 ITEH IllEH (~UIOUS HO. DE~RIPTION Q~NTIII( UNIT PRICE ~ RIP RAP 0.00 L$ 0.~ CHANCED AHOUNT AHOUNT QUANTITY UNIT PRICE DEDUCTED ADOEO 1.00 LS 143.75 143.75 PREVIOUS CONTRACT PRICE 142,165.90 + CHAN~E 143.75 = REUISEO CONTRACT AHOUNT 142,309.65 CONTRACTOR PAY ESTIHATE NO. O=j PAGE CITY OF HOUND, I~INNESOTA - TUXEDO BLUD S~P 145-101-07 RECONSTRUCTION ON TUXEDO BOLLEUARD ENCINEER: HcCOHBS FRANK ROOS 15050 23RD AG. N. PLYHOUTH, HN St-J447 IN)E: Ol/15/9e CONTRACTOR: Gm ASPHALT CORP. 17018 SAI)OLEWO00 I(THA. HN 59345 -- SUNHARY OF CHANGE ORDERS -- CHANCE ORDER NO. OE 07/1EY91 5,001.50 ITEl( ITEH NO. DESCRIPTION 4 REI(OUE BIT, PAUEHENT S REHOUE BIT, SIOEWALK 37 REHOUE CONC. SIDEWALK 38 REHOUE CONC. PAL~HENT -PREUIOUS QUANTITY UNIT PRICE 1,990. O0 SY 1.60 2,000.00 SY l. GO 0.00 SF 0.00 0.00 5F 0.00 CHANGED ......... QUANTITY UNIT PRICE 3,980. O0 SY 1.60 2,000.00 SY 1.60 100. O0 5F 3. O0 PREVIOUS CONTRACT PRICE 142,309.65 + CHANGE 5,001.50 AHOUNT DEOUCTED = REVISED CONTRACT ~OUNT ~DDED 3,184. O0 237.S0 300.00 147,311. CONTRACTOR P~Y £STZHRTF' ND. ~ PRGE IECO~S~RUC~ION ON TUXEDO BOULEVARD 07 E~IHEER: McCOHB$ FRAHK R00$ CONTRACTOR: GHH ASPHALT CORP. ~0 83~ ~. H. 17018 PLY~U~, ~ ~47 H~, ~ ~: 01/15/~ -- ~RY OF 'C~ O~ERS -- CHANCE ORDER NO. 03 09/04/91 5~.00 ITEH Il'EH PREVIOUS NO. DESCRIPTION QUANTITY UNIT PRICE 39 S~W CONC. PAVE~NT 0.00 LF 0.00 40 HANORAIL FOR. STEPS 0.00 LS 0.00 CHANGED AHOUNT AMOUNT QUANTITY UNIT PRICE DEDUCTED Al)OEO 24. O0 LF 5.75 138. O0 1.00 LS 414.00 414.00 PREVIOUS CONTRACT PRICE 147,311.15 + CHANCE 5c~..00 = REVI~EO CONTRACT i~OtllT 147,86,3.15 ORIGINAL CONTRACT PRICE 142,1G~.90 + CHANCE 5,697.L:5 = REVISCO CONTRACT AHOUNT 147,863. JS BILLS · J~u'qUARY 28, 1992 BATCH 2011 BATCH 2012 GMH Asphalt Corp-final payment TOTAL BILLS $ 80,116.27 118,448.03 12,403.99 $ 210,968.29 January 28, 1992 RESOLUTION NO. 92- PROCLAIMING MARCH 1-8, 1992, VOLUNTEERS OF AMERICA WEEK IN THE CITY OF MOUND WHEREAS, Volunteers of America is one of the nation's largest human service organizations and has been for 96 years; and WHEREAS, the City believes private human service agencies such as this are among the organizations the public is counting on to find new solutions for social problems; and WHEREAS, today Volunteers of America is involving more and more citizens to actively participate in its community based programs so more human needs can be met; and WHEREAS, one of those programs is the Westonka Senior Center; and WHEREAS, to commemorate the founding of the organization on March 8, 1896. NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Mound, Minnesota, that March 1-8, 1992, is Volunteers of America Week in the City of Mound. Minnetonka Bass Club January 27, 1992 Fran Clark City Clerk 5341Maywood Drive Mound, Minnesota 55364 Dear Ms. Clark: The Minnetonka Bass Club has for the past 12 years received authoriza- tion from you and your council to utilize the park facilities at the Mounds Bay Park for our Minnetonka Bass Classic. This year, as last year, we are requesting this area for our weigh-in site only. In keeping with the L.M.C.D. guidelines, we will use another area for our morning boat check and take off. We are requesting authorization for Saturday, June 6, 1992. We are applying for the necessary permits from the State DNR, LMCD, and the Hennepin County Sheriff Water Patrol. The weigh-in hours will run from approximately 2:00 p.m. to 4:00 p.m. We will begin our set-up several hours prior. If there are any questions, please contact me at home (459-4399) or the office (459-1602). Thank you in advance for your assistance with this application. Sincerely, ~ //~lm Merthan //Tournament Director 4812 Crown Lane Woodbury, MN 55125 *** This is a catch and release tournament with all fish being returned to the water. Z 0 uJ I,-- Z ::3 0 .r .< Z CZ: -i- 0 O0 0 O0 0 O0 0 °° ~ ~ ~ ~ Z 0 0 >- f~ C )- o! h' I-- 1' I- h C~ UJ Z~ 0 0 .,,4" ! 0 Z ,Z Z ~' ;Z Z I I I!1 I I I;I ;0 ~0.,~ I I o ,,.-~ Z ~ oo o ooo'o ~ oo o oo00 ,i-4 0000 0 000000 OII I ! I I I I ZZ ~. tu c~ b. LL n C Z 0 o 0 I, 0 (2. 0 MINUTE8 OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE ~ANU~RY 9, 1992 Present were: Chair Brian Asleson, Commissioners Tom Casey, Lyndelle Skoglund, Shirley Andersen, Joy Eischeid, Marilyn Byrnes, and Carolyn Schmidt, Council Representative Andrea Ahrens, City Manager Ed Shukle, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. HTNUTES Skoglund noted a correction in the minutes on page 7, within the Minnesota Recreation and Park Association mission statement, it should be amended as follows: "We the . . . , and forum for our members to exchange information and explore possibilities.,, NOTION made by Schmidt, seconded by ama. Notion carried unanimously, of Dece~er 22, ~99~ as 970~ ISLAND VIEWDRIVE - GREGKNUTSON: Liqht pole on public lands The secretary handed out copies of the Maintenance Permit Application received from Mr. Knutson today. Park Director, Jim Fackler, informed the commission that apparently the pole existed prior to Mr. Knutson purchasing the subject property. Fackler referred to the LMCD's requirements for lighting commercial docks, which our commons docks are classified. The LMCD ordinance states: "Dock lighting shall not be directed toward the lake in such manner that it impairs the vision of or confuses operators of water craft. No lighting in the area of the lake shall be installed or directed so as to affect adjoining dock use areas or create a hazard to navigation.,, The Park Director stated that a shield should be required on the subject lights to help prevent glare. The applicant, Greg Knutson, spoke on his behalf and confirmed that he did not install the pole, however he has replaced the spot lights and the speakers. He emphasized that the lights are needed for security and safety purposes. He stated that the lights do not shine on the lake, only on the beach area, and to the sides. There is a fire lane to one side that is used by other dock holders for access and the light is very important for them since the grade is steep and the area is difficult to traverse in the dark. Knutson does not know where the wires are buried, but they could be located with a metal detector. If the light pole was moved onto his property, it would not properly illuminate the areas where light is needed for safe traversing. Park Commission Minutes January 9, 1992 Skoglund questioned what the outlet is used for. Knutson stated that the only use he has for the outlet is to operate a weed whip which he uses to mow the commons area. Knutson pays for all the electric. He uses the speaker to listen to ball games when he is raking milfoil. Fackler recommended that if the Commission is in favor of allowing the light pole to remain, that 1) The electrical line be located and shown on a site plan for our files, 2) the lights be shielded, and 3) proof of an electrical inspection be submitted to the City. Skoglund asked Ahrens, since her house is two down from Knutson's, if she is affected by the lights or the speakers. Ahrens commented that they have no problems with the speakers and they do not benefit from the light. MOTION made by Byrnes, seconded by~nderson to recommend that the pole be allowed to remain as is, upon the following conditions= 1. The electrical line be located and shown on a site plan for City records. 2. The lights be shielded. 3. Proof of an electrical inspection be submitted to the City. Casey moved to amend the motion to require that the speakers be removed. Motion died for lack.of a second. Asleson commented that there have not been any complaints regarding the speakers. MOTION carried 6 to 1 with 1 abstention. Those in favor were: Andersen, Eischeid, Byrnes, Asleson, Skoglund and Schmidt. Casey was opposed. &hrens abstained. This request will be reviewed by the City Council on January 28, 1992. 2 Park Commission Minutes January 9, 1992 of uv-uom~n~ums and Lakewinds or~ The Park Director informed the Commission that the subject commercial dock applications are the same as in previous years, no changes are being requested. MOTION made by Ahrens, seconded by Eischeid to recommend approval of the 1992 Commercial Dock License applications for A1 & Alma's, Boat Rentals of Minnetonka, Chapman Place, Harrison Harbor Twin Homes, Seahorse Condominiums, and Lakewinds. Casey stated that he believes the Commission should address A1 & Alma's encroaching walkway. The Park Director commented that A1 & Alma's is very cooperative and they maintain the adjacent Chester Park by raking milfoil, mowing, and picking up garbage. Casey commented that allowing this encroachment is not consistent, what makes A1 & Alma's unique? If the encroachment is going to be allowed, then it should be recognized. MOTION carried with 7 in favor and i abstained. Those in favor were: Andersen, Eischeid, Byrnes, Casey, Asleson, Ahrens & Schmidt. Skoglund abstained. .1992 BUDGET REViE~ The Park Director, Jim Fackler, reviewed the approved budget for 1992. Funds allocated for park improvements includes the following: $3,000 $1,000 $1,000 trash receptacles and benches new trees for moving trees from Three Points Blvd. to other designated park areas Casey questioned what happened to the Swenson Park hill renovation and the clean-up funds requested. The City Manager commented that the City Council felt that the clean-up funds requested were only a drop in the bucket and the City Council wanted more specifics. What about the Park Dedication fund? The City Manager suggested that the Park Commission come up with a policy on what to do with the Park Dedication fund. Council Representative Ahrens commented that the council would like to see the Park Dedication fund used for a tangible project, such as something new for Lost Lake. 3 Park Commission Minutes January 9, 1992 DISCUSSION: MONUMENTS DENOTING PUBLIC LANDS Chair Asleson referred to previous discussion of this issue on page $ of the December 12, 1991 Park Commission Minutes. Ahrens commented that she was not present at that meeting, but she does not think people want these monuments in front of their houses. Ahrens remarked on the old monuments being torn out, and suggested that it would be a waste of money to install monuments just to have them vandalized and removed. She suggested that people feel violated by this type of act, and that we should work with the abutting neighbors. Asleson commented that maybe the funds would be better spent on an educational pamphlet. Casey commented that everyone should be made aware of where other commons areas are and that they have the right to use them. Asleson suggested that the Park Commission hold an annual public meeting where the public is invited to talk about the commons. Something in the city Newsletter explaining the commons may also be beneficial. MOTION made by Casey to inform the City Council that the idea of installing monuments on the Commons is appealing. Due to lack of a second, MOTION FAILED. Skoglund commented that until the City Council discusses the issue, the Park Commission should not discuss where the monuments belong, what they should look like, and how much money is needed. MOTION made by Byrnes, seconded by Anderson to recommend to the city Council that monuments not be installed on the Commons. The Park Director, Jim Fackler, commented that monuments would be beneficial at the access areas to the commons. MOTION carried 6 to 2. Those in favor were: Andersen, Eischied, Byrnes, Skoglund, Ahrens and Schmidt. Casey and Asleson were opposed. R~v~w 1992 ~GENDA CALENDAR FOR PARK COMMISSION (set date for parks tour), It was suggested that the tour be in May and the budget be reviewed in March. Park Commission Minutes January 9, 1992 MOTION made by Byrnes, seconded by Skoglund to schedule the.Annual Parks Tour for the month of May, 199Z. Motion carried unanimously. DNR DREDGING CRITERI~ Casey questioned the City Manager if he mailed a letter to the DNR regarding the interagency agreement and their comments. The Manager commented that he verbally talked with them and then responded to Casey with the letter as in the packet. MOTION made by Casey to inform the DNR that their checklist as submitted is inadequate and does not meet the Park Commission,s expectations per the September 13, 1990 minutes. There being no second, MOTION FAILED. Ahrens questioned what the DNR is using for criteria to evaluate dredge applications. The consensus of the Commissioners is that they are not qualified, even if given a checklist, to evaluate dredge sites. Byrnes clarified that the Park Director does visit the dredge sites and determines if there will be any impact on public lands. ~LECTION OF OFFICERS Schmidt nominated Skoglund for Chair for 1992. Casey nominated Asleson for Chair for 1992. Byrnes moved and Schmidt seconded a motion to close nominations for Chair for 1992. Motion carried unanimously. The commissioners voted by using a closed ballot. The secretary announced the results of the vote as split at 4 to 4. Asleson announced that he would be willing to step down from his position as Chair. SKOGLUND WAS ELECTED AS CHAIR FOR 1992. Ahrens nominated Asleson for Vice-Chair. other nominations. There were no ASLESON WAS ELECTED AS VICE-CHAIR FOR 1992. Park Commission Minutes January 9, 1992 Cathy Bailey's Resiqnation from the Park Commission Byrnes suggested that we nominate Cathy for a Good Neighbor Award given by WCCO radio. She stressed Cathy's contributions to the community in addition to her 17 years of service on the Park Commission. The City Manager will look into the application procedure. It was also suggested that the Good Neighbor Award be aired on WCCO on February 13, 1992, the same day as the Park Commission Meeting and that Cathy be invited to that meeting to receive her award. Shirley Andersen offered to donate a nice plaque from V&S Jewelry for Cathy. Park Director's Report Jim Fackler commented that the new mower is in and they are now working on modifying a trailer for the mower. Due to poor weather the ice rinks have not done very well this year, they will be flooding them again soon and hopefully it will be cold enough. Dock Inspector's Report Ten new applications have been received to-date for docks in 1992. MOTION made by Byrnes seconded by Asleson to adjourn the Parks & Open Space Commission Meeting at 9:55 p.m. Motion carried unanimously. LAKE MINNETONKA CONSERVATION DISTRICT Regular Meeting 7:30 p.m., Wednesday,December 4, 1991 Tonka Bay Uity Hall The meeting was called to order at 7:30 p.m. by Chair Cochran 'Oath of Office: Charles LeFevere administered the Oath of Office to Tom Penn, Tonka Bay representative on the Board of Directors. Penn was seated as a Board member. Roll Call Members Present: Bert Foster, Deephaven; David Cochran, Chair, Greenwood; Robert Pillsbury, Minnetonka; Jan Boswinkel, Treasurer, Minnetonka Beach; Thomas Reese, Vice Chair, Mound; JoEllen Hurr, Orono; Robert Rascop, Shorewood; Douglas Babcock, Secretary, Spring Park; Tom Penn, Tonka Bay; George Owen, Victoria; Duane Markus, Wayzata. Also present: Charles LeFevere, Counsel; Sgt. William Chandler, Sheriff's Water Patrol; Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. Members Absent: James Grathwol, Excelsior; Minnetrista; Robert Slocum, Woodland. Scott Carlson, Reading of Minutes: Boswinkel moved, Babcock seconded, to approve the minutes of the 10/23/91 Board meeting as submitted. Motion carried, Rascop abstaining because he was not present at the meeting. Public Comments: Leo Meloche, Minnesota Transportation Museum, was present, at the invitation of a Board member, %o address the restoration of the street car boat, Minnehaha. His presentation was deferred to later in the meeting. COM~MITTF~ REPORTS: 1. WATER STRUCTURES, Vice Chair Babcock for Chair Grathwol A. Approval of Minutes. Foster moved, Boswinkel approval of the Water Structures and Environment minutes of 11/16/91 as submitted. Motion carried. seconded, Committee B. Excelsior Bay Yacht Club, now doing business as Excelsior Park Tavern, Special Density, Variance and New Dock License Applications. Babcock announced discussion will be deferred to the 1/22/92 Board meeting at the request of the applicant. LHCD Board of Directors December 4, 1991 C. Nagel Dock Use Area Variance Draft Order Babcock moved, Pillsbury seconded, approval of the Order as amended by the Water Structures Committee; that the application of Terrance and Jill Nagel, 21895 Byron Circle, Greenwood, for variances for adjustment of dock use areas and from setback limitations applicable to canopies, be granted in part and denied in part as set forth in the Order. Motion carried, Rascop voting nay. D. Resolution Setting Application Fees The Board received a Resolution Setting Application Fees for Licenses for Multiple Docks or Mooring Areas, Commercial Docks, Launching Ramps and Docks in Excess of 100 feet, for District Mooring areas, Deicing, Special Density, Variances and for Permanent Docks as recommended by the Committee. The executive director called attention to the addition of Section 7, regarding application deposit fees, recommended by LeFevere. Babcock said this allows the LMCD to avoid a code amendment by not requiring a deposit in the Resolution on certain items. Babcock moved, Hurt seconded, adoption of Resolution 76, as submitted with additional Section 7. Motion carried unanimously. E. Three or Four Boat Storage Study Babcock presented the committee's recommendation that the staff continue to monitor 3 or 4 boat storage at residential docks as part of the annual boat inventory, in lieu of adopting a code amendment requiring registration for docks storing 3 or 4 boats. The Board concurred with the recommendation. F. Code Amendment Regulating High Intensity Lights Cochran said there is a feeling by some Board members that is not the right ordinance because i% only affects certain cities response to the this kinds of lights. A request for the proposed code, sent in November, leaves the opportunity open to amend the ordinance before adoption. Reese said Mound supports the ordinance. Boswinkel commented that this ordinance is in keeping with the Board's intent. Babcock concurs with the Committee recommendation that the ordinance needs the support of the cities and further study. The second reading will be held in January to allow the cities to respond. No action was taken. G. Deicing License Applications approve the following Babcock moved', Reese seconded, to renewal and new deicing applications: 2 Board of Directors December 4, 1991 Dennis Carlson, Greenwood, St. Alban's Bay Crystal Bay Service, Orono, Crystal Bay Curly's Minnetonka Marina, Tonka Bay, Echo Bay Frank Elshaug, Greenwood, St. Alban's Bay Ga¥1e's Marina, Orono, Maxwell Bay Gray's Bay Marina, Minnetonka, GraF's Bay Howard's Point Marina, Shorewood, South Upper Lake Minnetonka Boat Works, Orono, Brown's Bay Minnetonka Boat Works, Wayzata, Wayzata Bay Douglas Ramstad, Minnetonka, Wayzata Bay Paul Resberg, Minnetonka, Gray's Bay Tonka Bay Marina, Tonka Bay, Lower Lake South Rodney Wallace, Greenwood, St. Alban's Bay Wayzata Yacht Club-Site 1, Wayzata, Wayzata Bay Wayzata Yacht Club-Site 2, Wayzata, Wayzata Bay City of Wayzata, Wayzata Bay James Wyer, Deephaven, St. Louis Bay * North Shore Drive Marina, Orono, Maxwell Bay * Shoreline Marina & Yacht Club, Orono, Smith's Bay New William Hansen, 5450 Three Points Blvd., Mound, Jennings Bay Doug Waldock, 4215 North Shore Drive, Mound, West Arm * Eric Bodine, Wren Road, Mound Harrison's Bay * Received after Water Structure Committee Meeting Motion carried unanimously. H. Maxwell Bay Access Proposed by MN DNR Babcock moved, Foster seconded, to approve the committee recommendation that a sub-committee be formed to work with the DNR giving general support to the acquisition of public access at Maxwell Bay. The sub-committee is to include representatives of local public agencies, residents, the DNR and to include Board Member Hurt. ' Addressing Babcock, Markus said that the 11/16 committee minutes reported Babcock as opposed to more accesses. Babcock then moved approval of giving general support to the acquisition of the access and forming of a sub-committee to work with the DNR. He questioned the consistency of Babcock's position. Babcock responded that his personal opinion is to limit the number of public accesses, but not public access to the Lake. His intent was to study the proposed access, not to give approval or disapproval but to support working with the DNR. Hurr said she supports the sub-committee but challenges giving support to the access. Before giving support the Board should know what the DNR is proposing. The property is zoned residential. The Board should say we are supporting the study of the acquisition. LMCD Board of Directors December 4, 1991 ' Babcock and Foster agreed to amend the motion, changing "giving general support to" to "studying", adding the appointment of Cochran, Grathwol, Babcock, Hurt, Lake Minnetonka Lakeshore Owners Association (LMLOA) representation, DNR representation and the City of Orono and other interested public agencies. Colleen Laurence, 985 Tonkawa Road, read a letter dated 12/4/91 from Gabriel Jabbour, Orono council member, to the LMCD Board. Jabbour took issue with the Water Structure and Environment Committee minutes of 11/16 in which the committee recommended general support to the DNR acquiring an access in Maxwell Bay without any recommendations from the City of Orono. He further asked that LMCD consider using the city's staff regarding the land use of the property, the city's view of its use in its Comprehensive Plan, the impact on public safety and the commercial use of residentially zoned property. He also asked that LMCD adopt a resolution asking the DNR to give priority to commercially zoned areas for access sites. Neil Castagne, LMLOA, mentioned a study by the DNR recommending 10 acres per boat for Lake Minnetonka. The Lake density is now 8 acres per boat, and Maxwell Bay is 4.4 acres per boat. The LMLOA finds it hard to understand how the Board can consider Maxwell Bay for a ramp for safety reasons and overcrowding. Marge Gasch, LMLOA, Maxwell Bay property owner, said that considering the size of the bay and the location of three marinas already there, the residents are doing more as a public service to people in Minneapolis than they should. She is concerned about water quality. She believes something should be done to solve the milfoil problem before any more boats are put on the Lake. Jim Oberg, 970 Tonkawa Road, asked to attend the sub- committee meeting and was informed the sub-committee meetings will be open to the public. The meeting dates can be determined by calling the LMCD office. Don Germanson, President, LMLOA, presented a document detailing the reasons for not building another public launch facility. He listed the environment, overcrowding, safety, parking, zoning and tax spending as the main reasons for the LMLOA's opposition to a ramp on Maxwell Bay. Cochran said he intends to appoint a standing committee to deal with lake access as part of meeting the Management Plan objectives. LMCD is to resolve how to reach the 700 car/trailer parking spaces. Ail affected agencies will be involved. Motion Reworded: Babcock moved, Foster seconded, to appoint a sub-committee consisting of Cochran, Grathwol, Hurt, Babcock, LMLOA, DNR and City of Orono representation to study the site acquisition by the DNR for a public access at Maxwell Bay. Motion carried. The executive director reported the DNR will be ready to meet the week of 12/16. Gasch added that when the residents of Maxwell Bay met two weeks ago at the call of LMLOA, there was representation from the DNR and the residents' concerns were heard. 4 LMGD Board of Directors 3. LAKE USE ~ITTEE, Chair Pillsbury A. Minutes. Pillsbury moved, Foster seconded, approval the minutes of 11/25/91 meeting as submitted. Motion carried. Public Comment: December 4, 1991 of Reese introduced Leo Meloche, Minnesota Transportation Museum (MTM). Meloche was present to explain the restoration of the streetcar boat Minnehaha. The committee recommended a donation from the Save the Lake Fund, an amount to be determined by the Board, to assist the MTM restoration of the Minnehaha. Meloche reviewed the street car boat history from 1906 - 1926. The Minnehaha was lifted from the bottom of the Lake in 1980. The MTM took title to it. The objective of the restoration is to put it into public passenger service on Lake Minnetonka. It would travel around the Lake. It will have a steam engine similar to the original. The restoration site is 140 George Street, Excelsior. The public is invited to view the work on Wednesday nights and Saturday mornings. The plan is to test-launch the boat hull in the Spring of 1994 and then return it for installation of the superstructure. The formal launching is scheduled for spring 1996. To help finance the estimated $250,000 cost the MTM is selling painting reproductions of the Minnehaha by Kurt Carlson. Hurr moved, Foster seconded, to purchase one of the pictures for $219.95 as a donation from the Save the Lake Fund, the picture to hang in the LMCD offices. Motion carried. At the suggestion of Foster, consideration of an additional donation from the Save the Lake Fund was referred back to the committee. Hurt would like more information about funding specific items needed for the restoration. B. Special Event Renewal Application - Lord Fletcher's Broomball. Pillsbury moved, Boswinkel seconded, to approve a special event renewal for Lord Fletcher's Broomball, the old fee schedule to apply for 1991-1992 as a result of receiving the application prior to the fee schedule change. Motion carried. C. Joint and Cooperative Agreement with Hennepin County for Sheriff's Water Patrol 1992 Services. Pillsbury moved, Foster seconded, to approve the Joint and Cooperative Agreement with Hennepin County for the Sheriff's Water Patrol for 1992 services. Foster and Slocum are to serve as a sub-committee to address concerns on an on-going basis with reports to the committee and Board. Motion carried. 5 I/~CD Board of Directors 'December 4, 1991 D. Resolution Setting Application Fees for Special Events and Watercraft for Hire. Pillsbury moved, Foster seconded, to approve Resolution No. 77, Resolution Setting Application Fees for Licenses for Special Events and Watercraft for Hire on Lake Minnetonka. Motion carried. E. Resolution Setting Application Fees for Wine and Non- IntoxicatingMalt Liquor A Public Hearing to consider the fees for wine and non- intoxicating malt liquor was held on 12/4/91 at 7 p.m. The subject was tabled to the Lake Use Committee for consideration of the testimony at the Hearing. F. Save the Lake Recognition Dinner The date of the 1992 Save the Lake Recognition Dinner Was set for Wednesday, 2/19/92 at Lord Fletcher's. G. Access Sign Study Sub-Committee Pillsbury moved, Foster seconded, to appoint Foster, Reese, Slocum and an LMLOA representative to a sub-committee of the Lake Use Committee to study access signs. Motion carried. 2. ENVIRONMENT, EWM Task Force, Chair Reese The Environment Committee has recommended for discussion purposes a draft concept of a plan of action to prevent the introduction of Zebra Mussel into,and to prevent the spread of Eurasian Water Milfoil out of, Lake Minnetonka. The plan is in response to a challenge to the LMCD to take a pro active stance on the Zebra Mussel problem. In presenting the seven point program Reese stressed that it is a concept which can be augmented later. All of the points are necessary if the LMCD is serious about adopting a prevention program. Reese further noted that some of the Draft Concept points are not allowed per current state statute, namely: Point 1) Limit the number of accesses, closing remaining accesses. Point 3) Require a user-fee cleaning service as a condition for entering a public access. Point 4) Charging an access fee with the proper "certifi- cate''. Point 5) Restrict live bait use to bait from certified sources. organizations are unhappy with the concept. a do Fishing Hennepin Parks reported it would have a problem implementing similar plan on their 17 lakes. Reese emphasized that to nothing is to accept the mussel. L~CD Board o~ Directors December 4, 1991 Hurt asked how the concept would be funded. Reese said the City of Mound has asked the same question when giving concept approval. Markus suggested a user fee for that type of program. Foster presented the DNR position on the Draft Concept which was introduced at the MN Lake Management Federation (MLMF) Exotics Steering Committee meeting of 11/23/91. The DNR listed 11 issues and their position on each. They cannot support: l) Closing accesses on infested or uninfested water bodies. 2) Fees at public water accesses for EWM inspection, but are open to other revenue sources to support them, such as the watercraft surcharge. 3) Restricting transport of water from water bodies due to logistics prohibiting enforcability and effectiveness. Boswinkel stated the people who will be responsible for allowing Zebra Mussel into the Lake will be everyone who owns a boat and puts it in the Lake and out. An educational plan that stresses the potential disaster is necessary. Boswinkel believes people who have boats, people who sell boats, and people who service the boating public will be greatly affected by this nuisance and it will affect their livelihood. Penn asked about a central committee working on the problem. Reese said that Gary Montz, DNR, is responsible for the Zebra Mussel on a state-wide basis. The LMCD's responsibility is Lake Minnetonka. The Draft Concept will not work on 10 000 lakes Reese added. ' ' Penn responded that the LMCD should be working with the DNR and support them as much as possible. Hurt stated that a greater concern than the effect of Zebra Mussels on boat usage is the effect on water intakes. LeFevere cautioned about proceeding with the items which would be unlawful or without DNR approval. If the DNR were to l~tigate any action it would be costly and time consuming, delaying any plan. Some of the seven items would require a great deal of staff time to implement. They would be worthless to prepare without working with the DNR. Boswinkel suggested Board members take Reese's outline and convert it to their own words. There has not been enough time to think it through and it requires the support of everyone in the State of Minnesota. Reese said he is not oUposed to working with the DNR. 'Rascop suggested having the LMCD attorney draft an ordinance. Penn asked for a review by LeFevere of the items which would raise legal issues. Hurt mentioned that even if the cities agreed, Hennepin County would not allow such controls at their accesses. Cochran offered a Resolution as a substitute for the Zebra Mussel pro action plan introduced by Reese. The Resolution incorporates a Eurasian water milfoil containment program, also recognized as a priority for State action. IRICD Board of DireCtors December 4, 1991 Boswinkel suggested leaving milfoil out of it completely. He feels the Zebra Mussel is more insidious than milfoil. Milfoil can be controlled to allow use of the Lake, but the mussel will clog up everything on the Lake. Hurr favored leaving milfoil in as the state funding is for all exotics, and it is better to lump them all together. Foster added that a staff person from Sea Grant believes the Ruffe fish is more hazardous to the fishing resource than Zebra Mussel. Castagne asked for a serious look at the problem as Lake Minnetonka is a prime lake for the infestation. The State's main goal is education. That takes more time to be effective than there is time left for prevention. Castagne added he is a member of a coalition of lakeshore owners and various other bodies who are in the process of lobbying to give public bodies (counties, cities) the powers they need for local control. LeFevere, returning to the Reese pro action plan, said lie does not see a problem with items 6 and ?, increasing boat rentals and increasing the number of short term storage rental slips on the Lake. Items 1 through 5 are within the authority of the enabling act granted the LMCD, but the state pre-emption is an issue. These items should be directed to the legislature. They may be more responsive than in the past because exotics are becoming an important issue. Penn suggested determining what points we can proceed with on our own and on what points we need outside approval. MOTION: Reese moved, Foster seconded, to have the Board members contact their respective cities to get a reaction to the Draft Concept of a pro action plan. Motion carried. Reese moved, Rascop seconded, to direct staff to expand the plan by roughing out the dollar cost, selecting accesses which might be left open and contacting the marinas regarding the boat washes. The executive director asked for direction as to the time frame. He suggested looking at this document in relation to the Management Plan. He estimated it would take 20 to 60 hours to put it together. Babcock suggested hiring a consultant. Hurr thought there should be input from the cities and she would be hesitant about adding staff. Castagne offered the services of the LMLOA in making presentations to the cities and, if needed, volunteering time to assist in the preparation of the report. Motion carried. Reese moved, Foster seconded, to adopt Resolution ~78 recommending implementation of an immediate state action plan to prevent the spread of Zebra Mussel and Eurasian water milfoil into Minnesota's uninfested waters. Motion carried. The executive director said the Resolution could be submitted to the MLMF meeting to be held 12/6/91 and could also be used for direct communication to the DNR. LMCD Board of Directors B. 1992 EWM Control Program December 4, 1991 The Board received a copy of the minutes of committee to guide the 1992 planning for EWM control 12/2/91. , Reese the sub- held on said the plan is to fully utilize shore off-loading, with minimal, if any, use of the barges. It is his belief that 1992 will be a low year for milfoil growth because of the high water and the early snowfall keeping light from Lake weeds. They will be looking toward testing chemical treatment in some small bays. Attention will be given to the accesses in an attempt to keep them clear of milfoil. Reese reported at the 11/16/91 Committee meeting that the Hennepin County Board of Commissioners has appropriated $150,000 for milfoil control in 1992. A county attorney advised the County Board that it has no authority to make such appropriations. LeFevere said an appropriation could be done under a contract arrangement between agencies and the County. Staff and LeFevere are to contact County Commissioner Jude and the county attorney to discuss the contract idea. 4. FINANCIAL REPORTS, Treasurer Boswinkel A. The Board received the Statement of Cash Transactions for the month ending 10/31/91 and ordered it filed. Rascop asked if there were any year end budget adjustments ~equired and was 'informed there were none. B. Rascop moved, Babcock seconded, payment of bills in the amount of $23,3?9.27, checks numbered 8236 through 8281 Motion carried. · 5. EXECUTIVE DIRECTOR REPORT, Strommen A. MN Lake Management Federation Conference Highlights The executive ~irector reported he and Thibault attended the MLMF conference in October. There were 400 participants with lakesh0re owners and agency professionals in good attendance. Thibault benefited in meeting regional and state agency people. MLMF established an exotics steering committee. They will meet to develop legislation for EWM and Zebra Mussel containment- spread prevention. B. MLMF Exotics Steering Committee Recommendations The Steering Committee highlighted four priority items for exotics control: 1) State action to be expanded against exotics. To work on containment. 2) Maintain the exotic species within the infested bodies of water. 3) Long term research on methods for eradicating milfoil 4) Develop a program to reduce risk from exotics coming into Minnesota. 9 LMCD Board of Directors December 4, 1991 Outside Activities The executive director presented a program on EWM to three classes at the Minnetonka Middle School on 11/22 The executive director is serving on the Fresh Water Foundation Lake Management Forum. The Forum Will meet monthly for six months with six sub-committees on how to better manage lakes on a state-wide basis. Boswinkel was excused. UNFINISHED BUSINESS 1. M~nagement Plan Review Cochran reported the Management Plan is at the Metropolitan Council. The Metropolitan Council staff report was received this afternoon. The findings are basically positive. The reviewers ~l we are in tune with the Metropolitan Development Guide we will not require additional legislative authority. Metropolitan staff report will go to the Systems Committee on 12/10. The full Council will review it 12/19. LMCD will have representation. 2. Conflict of Interest Sub-committee The conflict of interest sub-committee meeting has been rescheduled for the week of December 16 to accommodate Gen Olson's attendance. NEW B[]SINESS 1. Comm{ttee Structure for 1992 Cochran reported he is not ready to present his standing committees. He asked for deferment to January. He said he is trying to tie the standing committees closer to the Management Plan and provide for special committees for special purposes from time to time. 2. Depository. Hurt moved, Pillsbury seconded, to approve Resolution 79, naming Norwest Bank, Wayzata, as the depository for District Funds. No member indicated a conflict and the motion carried. 3. Official Newspaper. Hurt moved, Reese seconded, to appoint the SAILOR newspaper as the newspaper for official publication with continuation of publication in other papers as required. Motion carried. 4. 1992 Meeting Calendar. The executive director asked for direction on preparation of the 1992 meeting calendar. Cochran said it is conceivable that the committees might change their dates and times. LMCD ]~oard o£ Directors ADJOURNMENT December 4, 1991 Hurr moved, Babcock seconded, to adjourn the regular meeting to an executive session to discuss litigation. Motion carried. Meeting adjourned at 10:40 p.m. David Cochran, Chair Douglas Babcock, Secretary 11 LAKE MIHNETONKA CONSERVATION DISTRICT Action Report: Meeting: Water Structures and Environment Committee 7:50 a.m., Saturday, January 11, 1992 Norwest Bank Building, Wayzata, Community Room Members Present: Bert Foster, Deephaven; James Grathwol, Chair, Excelsior; David Cochran, Greenwood; Robert Pillsbury, Minnetonka; Thomas Reese, Mound; JoEllen Hurt, Orono; Robert Rascop, Shorewood; Tom Penn, Tonka Bay; Robert Slocum, Woodland. Also present: Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. ENVIRONMENT 1. Eurasian Nater Milfoil (ENM) Task Force, Chair Reese A. Report of 12/20/91 Task Force Meeting. Reese submitted the minutes of the 12/20/91 EWM 'Task Force meeting. He said they indicate some changes in the program, noting the following: 1) The Corps of Engineers has received notice from Washing- ton, D. C. it has denied funding the MN DNR Draft Reconnaissance Report because of its recreational need rather than navigation or reservoir purposes, the CoE's major priorities- 2) The Freshwater Foundation has not been successful in raising the two-for-one funds to match a $100,000 Legislative Commission on Minnesota Resources grant. The Foundation withdrew from the research program with the understanding the funds will be made available to the University of Minnesota. The Foundation plans to emphasize its educational role on exotics. B. A Legislative Bill on Access Controls for Exotic Plant and Animal Containment is being prepared by MN .Lake Management Federation (MLMF) and MN Shoreland Owners (MSO). The executive director reported the focus is on contain- ment. The larger northern Minnesota lakeshore organizations are anxious to keep EWH out of their lakes. The DNR found EWM on boats during their random road side checks. The thrust of the bill is to charge the DNR with doing a study on how EWM and Zebra Mussel can be contained and to come up with a funding program for implementation in 1995. Reese and the executive director have met with the MN Sports Fishing Congress and Fishermen Advocating Intelligent Regulation to hear their concerns about programs that deny access or burden boats using public accesses with fees at the accesses. The bill will be publically announced in mid-February- The LMCD may have an opportunity to look at it before it is intro- duced. C. Proposed Bill Authorizing Hennepin County Expenditures- A bill is being proposed to the legislature by Senator Judy Traub which would authorize the Hennepin County Board to expend public funds in the control of EWM and other lake improvement programs within the county. Hater Structures and Environment Committee January Il, [992 Reese said if the $75,000 from Hennepin County is realized from this effort the EWH program will continue as pIanned. D. Hennepin Parks Proposal to EstabIish a Wa[er Sampling Laboratory. Reese presented a proposal from John Barren, Water Quality Hanager, Hennepin Parks, dated i/2/92 which would esEablish a water sampling laboratory for inter-agency service on a pay-as- used basis, with start up funds from the LCHR. Barren listed the following advantages: 1) Sample results would be more comparable on a year-to- year basis since a constant analytical method would be used. 2) Samples can be colIected on short notice to capture unusual events and the results of the sampling would be available faster than when done by a commercial laboratory. 5) There would be a greater degree of control over the accuracy of the analytical results. 4) Analytical costs could be significantly reduced. Hurt questioned whether in-house analyses could be chal- lenged as biased. Reese said there is nothing to preclude out- side checks, although the type of testing done in most cases is not controversial. Cochran noted that the Management Plan piaces the LHCD as the lead agency in defining the data needed and to cause it to be collected. It is his belief the main thrust of gathering data shouid fall on the Minnehaha Creek Watershed District (MCWO), which is already gathering data. The HCWD has been asked for information on their data gathering and response to the proposal. Penn questioned the possibility of duplication of effort with the MCWD. Hurt noted the funding through the LCMR is actually provid- ing the capital funding from the taxpayers. She questioned government going into competition with private enterprise. Reese ~oved, Foster seconded, to recommend to the Board that LMCD expresses its intent to use a laboratory as proposed by Hennepin Parks if it is competitive and done in cooperation with the Minnehaha Creek Watershed District. Motion carried. E. Zebra Mussel Control. Reese stated the Zebra Mussel control concept developed by the committee in December was put forth to see who would support it. Zt received considerable news coverage raising concerns of fishing groups. The cities which were approached were either moderately supportive, disinterested or unsure of it. None wanted to have any further funding responsibility. Babcock has put forward a mandatory watercraft launch record to keep EWM and Zebra Mussel from being spread. The Task Force took no action on the Babcock proposal in December, but it is on the January 17 agenda. Water Structures and Environment Committee January WATER STRUCTURES 1. Rockvam Boat Yards, Inc. - Request for policy review to consider an amendment to Site 2 dock length variance. Rockvam Boat Yards has two multiple dock licenses. The one for Site 1 consists, in part, of a 169' dock licensed for stor- age of 10 watercraft, 5 on each side. Site 2 consists of all 18 slip dock wing which is attached to the Site 1 dock extending 128' into the lake. Rockvam would like to move the wing out an additional 25' to 153'. There would be no change in Site 1. Jerry Rockvam explained the reason for moving the dock wing. further out is to improve use of a proposed make ready dock, to accommodate the fishing boats he rents as all amenity for the Site 2 Special Density license. He stated when the water level is at 929.49' elevation there would be no problem in using the make ready dock. If the water depth decreases to 928.6', there would not be enough water depth at the make ready dock to service the fishing boats. He is asking for this review to determine whether he should proceed with the variance application which carries a fee of $500. Foster asked if dredging would give him adequate depth. Rockvam responded that dredging the area would require construc- · tion of a retaining wall as the shore is sand. Also, the dredged area will fill back in by the next year. Grathwol asked about building the make ready dock on the right side of tile property where there is greater depth. This would require a side setback variance but Grathwol would favor that to a variance on the lake side. Rockvam does not want to encroach on the residential setback. He also would prefer having the make ready dock next to tile ramp and closer to the office. Foster and Hurt indicated they do not believe tile committee -could vote a recommendation without an application. Foster suggested viewing the site before making any recom- mendation. He volunteered to work with Rockvam and staff to consider alternate uses, upon receipt of the variance applica- tion. 2. North Shore Drive Marina Non-Compliance Thibault submitted a summary of the North Shore Drive Marina multiple dock license history between 1984, when a new license was granted following a court decision requiring reconstruction of the docks within 200', and approval 4/24/91 of the 1991 renew- al application, which was subject to the designation of 6 tran- sient slips and 6 service slips. Thibault's memo continued with a summary of subsequent phone conversations and LMCD correspond- ence to Deborah Breneman, business manager of North Shore Drive Marina. As of 12/10/91 there had been no response from Breneman to satisfy the 1991 contingency. On 12/10/91 Breneman was notified by certified letter that the commi~ttee would consider revocation of tile North Shore Drive ~ter ;trueture~ ~nd £nvlronment Committee January 11, 1992 Harina license at this 1/11/92 meeting. Subsequently, upon advice of LMCD Attorney LeFevere, staff recommended an alterna- tive to license revocation, the following option: to advise North Shore Drive Harina that the Board will consider any license application for i992 incomplete unless it is accompanied by the required designation of transient and service slips. Should North Shore Drive Marina proceed to do business in 1992 without a license, a citation will be issued. The executive director said the original staff recommenda- tion for license revocation could result in the loss of the Marina's grandfathered status. Breneman said it is not reasonable to designate slips for service purposes because of the varying sizes of boats they service. Foster said it is important to have the service and tran- sient slips designated at fixed locations so inspections can be made to assure compliance. Any other method would raise the possibility of renting more slips than the marina is licensed for. There was a discussion about whether North Shore Drive Marina has in the past, stored more watercraft in the Iagoon than the eight they are Iicensed for. Penn asked if the Code requires sIip designation. The executive director responded that it does and aII other marinas on the iake are in compIiance in this regard. Hurr indicated her wiiiingness to Iook at the Marina's documents with Grathwoi and staff. Foster said in view of the disagreement on what has been done, that Breneman bring aII of her reIated documents to the LMCD. It was agreed Grathwol, Hurt, Foster, staff and Breneman will meet after the boat show in late January. Breneman is to bring all of her court documents regarding boat storage. Brene- man'asked that she be shown the slip designations from the other marinas as mentioned earlier by the executive director. ~. Parris' Appeal to Nagel Variance Order. The committee received a copy of a Notice of Appeal regard- ing a variance granted to Terrance and Jill Nagel. No action was necessary. 4. Expiration of Ordinance No. 106 Ordinance 106, An Interim Ordinance Restricting the Licens- ing, Construction and Maintenance of New Commercial and Hultiple Docks expires on 1/51/92. This ordinance is commonly referred to as the "moratorium" Cochran asked if the deadline should be extended. Grathwol has reviewed the committee activities for the past two years. Not all of the problems have been solved. Studies have begun and information accumulated on the three/four boat unlicensed docks, and 100'/200' licensed dock lengths. There is an ongoing study of wetlands. It is Grathwol's understanding that the Hennepin Conserva- tion District will supply LHCD with computerized shoreline maps of Lake Minnetonka wetlands to help in the wetlands study. Mater Structures and Environment Committee. January 11, 1992 Cochran commented that the Ordinance is a prohibition against construction of new multiple docks and commercial docks. He does not have a feeling about expansion of the commercial docks. The multiple docks are of two Kinds; one kind consisting of residents who combined docks during low water. That is not an increase in boat storage. The real issue is new real estate development and outlots. This is a potential problem for in-- creased density that still exists. There was a discussion of the 1 boat per 50' rule and the effect of wetlands in measuring the shoreland to be used. Rascop moved, Cochran seconded, to direct staff to draw up an ordinance to excIude wetlands from shoreIine for determining the ! - 50' boat storage caIculations. The motion was withdrawn. Reese moved, Hurt seconded, to extend the moratorium for one year, to allow further Management Plan implementa- tion studies. Thibault asked about applications from marinas for minor changes in configuration, and applications from the illegal muitiple docks observed on the boat count. GrathwoI responded if they existed before the moratorium there is no problem. The motion was amended by adding: .... with the following modifications: 1) Allow consideration of applications for configuration changes to existing marinas. 2) Allow new dock license application if multiple dock existed, according to LMCD records, before the moratorium was enacted. Motion carried. Rascop moved, Cochran seconded, to recommend staff prepara- tion of a feasibility study as to the ramifications of excluding wetland from the multiple dock license and boat storage require- ments. Motion carried. Rascop moved, Cochran seconded, to recommend appointment of a sub-committee of the fourteen cities, with the LMCD and DNA as facilitors, to discuss drafting an ordinance to control outlots with respect to boat density and storage. The motion carried, 5 ayes and 4 nays. Rascop, Cochran, Penn, Pillsbury and Grathwol voted aye. Agenda Modification: Cochran proceeded to ~'7. 7. Proposed DNR Access at Maxwell Bay The executive director reported that the City of Orono has stated its position that the DNR should not exercise its option to purchase property on Maxwell Bay for a public access until there is a complete pIan on the lake. The responsibility to do 'the access study lies with the LHCD. Penn was excused. In a letter dated 1/9/92, Gordon Kimball, DNR Regional Trails and Waterways Supervisor, presented a proposal consisting of three parts: - continued 5 Water Structures and Environment Committee 3anuar¥ 11, 1992 1) The DNR will proceed to exercise the option to purchase the property in Orono. 2) A cooperative effort is undertaken to address the land use issues that are the basis for objections raised by the City of Orono. In this proposal, the DNR agrees to Postpone develop- ment of the access while the feasibility of purchasing Gayles Marina property, and the property located between Gayles Harina and DNR property, is evaluated and acted upon. If it is decided to be feasible, the ONR, the LMCD, and the City of Orono would join into an effort to obtain funding and support for the propos-- al. DNR would ask that the City of Orono agree to support the proposal for funding through the public record, and also finan- cially to the degree deemed feasible for them. DNR would also ask that the LMCO coordinate a funding request with the DNR to a comb/nat/on of sources, including the LCHR, the Hetropolitan Council, the Hinnehaha Creek Watershed District and others as appropriate. 3) A task force cons/sting of representatives of all af- fected communities, the DNR, the LHCD, the LMLOA, and interested citizens be formed to implement the Lake Mi'nnetonka public access siting process as called for in the LNCO plan. DNR would expect the task force to proceed immediately to meet the plan's objec- tives. Hurr stated that in removing two or three marinas there would be a loss of public access to the lake. Foster said the DNR acquisition of 1800' of shoreline in this area would be a dream come true. Hurr mentioned that the three businesses in- volved in the proposal are tax paying entities in the City of Orono. Hurr would like to see the DNR get an extension on their option rather than exercise it January 31. Foster moved, Reese seconded, to recommend that the Board support the DNR proposal as stated in the/r letter of 1/9/92. Hotion carried, Hurt voting nay. Grathwol will attend the City of Orono Council meeting of 1/13/92 at which meeting the DNR will present the proposal Slocum and Reese were excused. ' 5. Review of Policies and Procedures Subcommittee Recommenda- tions. Foster moved, Hurt seconded, to defer discussion of the Policies and Procedures Subcommittee recommendations and staff recommendations for one month. Notion carried. 6. Deicing Applications. Foster moved, Hurt seconded, to approve the following deic- ing applications: Renewal Application: Reid and Virginia McDonald. Lafayette Bay. New application: Diane E Benson, 1080 Wildhurst Trail, Hound, Forest Lake. Deposit Refund of $1OO.: Doug Waldoch, West Arm (removed boat and decided not to deice.) 6 Mater Structures and Environment Committee 3anuary 11, 1992 To deny the following application pending further inspec- tions and bringing safety features into compliance: Leno Mikenas, 5195 Greenwood Circle, Greenwood, St. Albans Bay. Motion carried unanimously. ' SA. Multiple Dock License Renewals. Foster moved, Cochran seconded, to recommend approval of the following renewal applications for 1992 with orders, stipula- tions, etc., village certification having been received for all: RENEWALS WITHOUT CHANGE Bayshore Manor Condominium Assn., Excelsior Bay Clay Cliffe HOA, Old Channel Bay Dennis Boats, Lower Lake South Excelsior Bay Assoc., Excelsior Bay Gideons Point HOA, Gideons Bay The Harborage HOA, Smithtown Bay Hennepin County, Spring Park Bay Lord Fletchers Apts., West Arm Rockvam Boat Yards - Site 1, West Arm St. Albans Bay Marina, St. Albans Bay Schmitts Marina, Excelsior Bay Seton Village Assn., West Arm Smithtown Bay Assn., Smithtown Bay West Beach Apartments, Coffee Cove Willow Woods Corp., Gideons Bay RENEWALS WITH MI~8 CHANGE PM Pizza Enterprises, Seton Lake New name, reclaimed by former owner, Delores McGinnis Tonka Bay Marina, Lower Lake South New Owner, W. Incorporated Motion carried, Hurt abstained on the Tonka Bay Marina renewal. Park Hill/Park Island, Seton Lake, are to be excluded from recommendation at this time. They have requested a change from 44 BSU to 18 BSU. They are to be notified that to add slips in the future, they will have to apply for a new license, meeting the code requirements at that time, including any future changes in the code. Foster moved, Cochran seconded, to approve the refund of the following overpayments: 1) Grandview Point, $50 2) Gray's Bay Resort, $12 Motion carried unanimously. 8B. Minor Site Plan Changes. '~hSbault i)rese~t:ed a. l~st of multiple dock licensees with minor discrepancies between their approved site plans and their dock structures. Approval is asked to bring them into conformity with the actual struc~ure- Cochran questio~ed whether this approval of as-builts would result in an increase in boat storage. 7 Hater Structures and Environment Committee 3anuary 11, 1992 Hurt moved, Cochran seconded, to refer the minor site plan changes on multiple dock licenses to the next committee meeting. Motion carried. 9. In addition to items referred back to the committee, the following items were deferred to the February agenda: A. Bupp Variance Application - at applicant's request B. Chapman Place operating agreement - at applicant's request C. Excelsior Park Tavern new dock license and amenity review - at applicants request for further review with City. D. New Multiple Dock License Applications - Pending end of moratorium E. Proposed lighting ordinance - for cities responses F. Wetlands subcommittee - update from Hennepin Conservation District. 10. Adjournment The meeting was declared adjourned at 11 a.m. FOR THE COMMITTEE: Eugene Strommen, Executive Director James Grathwol, Chair 'D JAX 2 'i LAKE HINNETONKA CONSERVATION DISTRICT Rct~on Report: Lake Use Committee Heating: 4:30 p.m., January 13, 1992 Norwest Bank Wayzata, Community Room Members Present: Bert Foster, Vice Chair, Deephaven: Robert Pillsbury, Chair, MinnetonKa; Thomas Reese, Mound; Robert Rascop, Shorewood; Tom Penn, Tonka Bay. ~lso present: Sgt. Wm. Chan- dler, Sheriff's Water Patrol; Rachel Thibault, ~dministrative 'Technician; Eugene Strommen, Executive Director. A. Review of Public Hearing Report and Resolution Regarding Application Fees for Nine and Non-intoxicating beer licenses, superseding Resolution #54. MOTION: Rascop moved, Foster seconded, to recommend approv- al of a Resolution Establishing Liquor License Application Fees for the Sale of Liquor on the Lake. Motion carried unanimously. David Lawrance, Paradise Cruises, was present to express his concerns about the increase in fees. He said his comments at the Public Hearing held on 12/4/91 were incorrectly recorded in the report. The sentence stating "His concern is that other methods of generating income, such as a fee per charter, might be de- veloped by the District," had meant to be a facetious comment. The committee recommended this sentence be stricken from the record. Lawrance proceed to detail the increased costs his charter boat operation is experiencing through increases in dockage, insurance, taxes, etc. At the same 'time he has to charge the same rates as he did five years ago to keep competitive- He also mentioned the LMCD proposed contribution to the restoration of the Minnehaha, a boat which, he said, ultimately may be used in competition with charter boats such as his. He said other lakes do not charge for operating charter boats on them and he ques- tioned the authority of the LMCD to charge for the use of the public waters. Rascop responded the LMCD is given the authority through legislation. B. s~cial Events 1. New Applications a) Westonka Snoblazers "Fun Run" ~rnie Zachman presented the appIication of the Westonka Snobiazers for a "Fun Run" snowmobiIe course between bars near the lake, Friday and Saturday, 1/51/92 and 2/1/92. Chandler pointed out that the Water Patrol doesn't have their application yet. ~lso, the 40 m.p.h, day speed limit is noted incorrectly as 50 m.p.h, on their list of rules. Chandler is concerned about the safety. Zachman said he has letters of permission from most of the cities involved, and he is holding his application to the Water Patrol until he has approval from all cities. Lake Use Committee 3anuary 13, 1992 Rascop noted their itinerary includes the use of some chan- nels and questioned their safety. Chandler said the ice is thin in the channels and they will not be able to go through them. Chandler suggested development of a Plan B. Zachman said if there is need for a change in the route the club members wiI1 be available to channel the participants to an alternate route. Zachman said he is aware of the State requirement to have written permission from any private Iandowner whose property they may have to cross. MOTION: Foster moved, Penn seconded, to recommend to the Board approval of the Special Event License application of Wes- tonka Snoblazers, contingent on Water Patrol approval of the plan and subject to Water Patrol stipulations. Motion carried Rascop voting nay. ' b) Ehlert Publishing Group, Inc., "Wintertainment" Rick Speckmann, Event Manager, presented the application of Ehlert Publishing Group, Inc. for a Special Event License for Wintertainment , a Super Bowl media and corporate group winter recreation event to be heId Thursday - Saturday, January 23, 24 and 25, 1992. The event to be held at the Lafayette Club, will consist of cross-country skiing, sleigh rides on the 'Club grounds, demon- strations of snowmobiles on the lake and ice fishing. Speckmann said there will be professional guides handling the snowmobile demonstrations, who are aware of the regulations on Lake Minne- tonka. Speckmann said they will have full use of the Lafayette Club facilities during the event and will have satellites on the grounds. They anticipate 200-300 participants. The event has been recognized by the National Football League. MOTION= Foster moved, Penn seconded, to recommend approval of the application of Ehlert Publishing Group, for a special event license for Thursday - Saturday, January 23, 24 and 25, 1992 subject to Water Patrol approval and subject to.the Water Patrol stipulations. Motion carried unanimously. ¢) Jorja and Mike Lynn, 1265 Bracketts Point Road, Wayzata, for a super bowl brunch to be held on January 26, I9~2 between l0 a.m. and I p.m. They will have a tent on the ice and activities will consist of a skating exhibition, sleigh rides, and ice fishing. Pillsbury suggested the ice in that area be thoroughly tested. Chandler said the Lynns have been told that the Water Patrol will not allow any vehicles on the ice. The Water Patrol has not received an application or any specifics from the Lynns. MOTION= Foster moved, Reese seconded, to recommend approval of the special event application of Jorja and Mike Lynn for a brunch and activities on the lake on 1/26/92, subject to Water Patrol approval and sub.iect to any Water Patrol stipulations in their permit. Motion carried unanimously. Penn asked about the costs incurred by the Water Patrol. Chandler said the Water Patrol does not receive any compensation from the applicants. The costs of additional patrols for special events is built into the Water Patrol budget. Lake Use Committee 5anuary 13, 1992 2. Renewal Application: a) Wayzata Chamber of Commerce Chilly Open Golf and Ice fishing Tournament, 2/8/92 and 2/9/92. Pillsbury said there was a problem a couple of years ago when an individual circulated the event selling liquor. Chandler said the Water Patrol has been in touch with the sponsors and that a warning will be issued. b) Thibault reported the Lafayette Club is planning a Family Fishing Derby and Kite Fly, Sunday, 2/2/92 as has been held in the past. MOTION: Rasoop moved, Reese seconded, to approve the spe- cial event renewal application of 'the Wayzata Chamber of Commerce Chilly Open Golf and Ice Fishing Tournament, Saturday and Sunday, 2/8/92 and 2/9/92 and 'the Lafayette Club Family Fishing Derby and Kite Fly, Sunday 2/2/92 subject to the usual Water Patrol permit requirements and stipulations- Motion carried unanimously. ~. Deposit Re'funds MOTION: Foster moved, Reese seconded to approve the follow- ing deposit refunds of $100 each: a) Consolidated Race Schedule 1991 Season b) Upper Minnetonka Yacht Club 1991 Season Motion carried unanimously. C. Save the Lake Recognition Dinner Chandler presented the names of four candidates for the 1991 LMCD Special Deputy ~ward to be given at the Save the Lake din- net. MOTION: Reese moved, Foster seconded, to recommend Dennis W. Hansen for the 1991LMCD Special Deputy.~ward. Motion carried unanimously. The executive director reported Lieutenant Governor Joane11 Dyrstad will be the guest speaker at the dinner. Tad Jude, Hennepin County Commissioner, will offer remarks on the Hennepin County interest in emerging Lake issues. Tentatively there are plans for remarks from a DNR representative. The theme of the dinner is the 25th anniversary of the LMCD. The attendance will be limited to 90 people. D. Subcommittee' to Study Signs at Rccesses The subcommittee to study signs at accesses on Lake Minne- tonka will meet at 4 p.m. on Thursday, 1/16/92 at the LMCD of- fices. The committee is comprised of Reese, Slocum, Denis Bai- ley, Hennepin County Lake Improvement, and an LMLO~ representa- tive. E. Donation to the "Minnehaha" Streetcar Boat Restoration Pillsbury suggested that rather than making a direct dona- tion from savinqs, tile "Minnehaha" be listed as an additional op- tion on 'the donation cards for contributions to the Save the Lake Fund. The donations would be accumulated until $5,000 is raised. Lake Use Committee 3anuary 13, 1992 Rascop asked about David Lawrance's comments about the Minnehaha being in competition with the charter boats. He ques- tioned the appropriateness of subsidizing one group. Reese said the Minnehaha is not intended to be a party boat, as differenti- ated from the usuaI charter boat use. He added that the histori- cai value is significant. The executive director pointed out a 1/10/92 letter from the Minnesota Transportation Museum, Inc. in which they list specific needs. Foster suggested donating a $5,000 auxiIiary dieseI engine. The executive director said for the same $5,000 the District could get an item such as upper or lower deck seats, with a plaque saying it is from the Save the Lake Fund. Foster favors the idea of adding the Minnehaha restoration to the donor card. Reese expressed concern that it would take funds away from the EWH program. Reese would rather commit from funds on hand. PiIlsbury expressed his opinion that it would stimuIate donations to the Save the Lake Fund. Penn asked for information on how the Save the Lake funds have been used in the past. Pillsbury and the executive director are to prepare a letter to the Board outlining various options for raising funds for the restoration of the Hinnehaha. H. Hater Patrol Report. Chandler reported: * An ultra light plane crashed in JenninQs Bay. The FAA is looking at charges against the operator as the plane, which felI from 150', was overweight for an ultra light The injuries were minor. ' * One DWI has been issued. * There have been 19 fish house break ins and 7 snowmobile thefts. * There have been 17 incidents of people going throuqh the ice compared with 8 in the rest of the county. * The Water Patroi has been working with the Lake area Police Departments to try to contain the thefts. They have had good response to date. R campaign is being mounted to have he fish house owners keep their houses cIear of anything worth ~teaIing. Crime Stoppers is offering a reward for information. * A program similar to Crime Watch is being planned for the marinas for the summer. * Fifteen new SpeciaI Deputy trainees have entered the program. They were recruited through newspaper, radio and TV. They will have 200 hours of training continuing through June. * The Water PatroI wili meet on 1/17/92 with the State Boiler Inspectors on how to continue wi~h the rest of the recon- struction on the'Minnehaha. Lake Use Committee January 13, 1992 F. Update on the DNR's Proposed Change in the Size of Snowmobile Registration Numbers. In spite of communications from the LMCO: Hennep~n Sheriff Omodt and the MN State Sheriff's ~ssociation objecting to the proposed change to the snowmobile registration decal and numbers, Rodney Sando, Commissioner, DNR, has informed Chair Cochran the DNR will proceed to eliminate the three inch number- ing and use a decal that is approximately two--and-one'-h~lf inches by five inches. Foster said the national snowmobile association wants the smaller decal to provide uniform identification throughout the nation- The executive director expressed the opinion that the competition snowmobiles ~ant more space on the machines for identifying their sponsors. Chandler said a letter was sent to the DNR from the Wiscon- sin Sheriff's RssoGiation stating the use of the smaller decal not ~orking. The executive director and Chandler suggest pursuin~ the matter by requesting a meeting ~ith the DNR to initiate some dialogue on the subject. G. "Save the Lake" Contribution to the Water Patrol Pillsbury said there is nothing to report at this meeting. I. Adjournment MOTION: Rascop moved, Reese seconded, that the meeting be adjourned. Motion carried unanimously. The meeting was ad- journed at 5:55 p.m. For the Committee Eugene Strommen, Executive Director Robert Pillsbury, Chair 5 Yes, confirm my reservation for the Twenty-Fifth Anniversary '$ A Recognition Banquet, Wednesday, February 19, 1992. My check (payable to LMCD Save the Lake) is enclosed for persons at $20.00 each, total $ NAME ORGANIZATION Return to arrive by February 14 to: LAKE MINNETONKA CONSERVATION DISTRICT 900 East Wayzata Blvd., Suite 160, Wayzata, Minnesota 55391 (612) 473-7033 MINUTES OF ~ MEETIN~ OF THE HOUND ADVISORY PLANNING COIqXlBSION ~ANUARY 13~ 1992 Those present were: Bill Meyer, Geoff Michael, Jerry Clapsaddle, Frank Weiland, Michael Mueller, Bill Voss, Mark Hanus, and Brian Johnson, City Council Representative Liz Jensen, City Manager Ed Shukle, City Planner Mark Koegler, Building official Jon Sutherland, and Secretary Peggy James. The following were also in attendance: Schouweiler. Doug Jepson and Ann ~INUTES The December 9, 1991 Planning Commission Minutes were presented for changes and/or additions. MOTION made by Weiland, seconded by Mueller, to approve the December 9, 1991 Planning Commission Minutes as written. Motion carried unanimously. CASB NO. 92-101: DOUG JEPSON & ~NN SCHOUNEILER. FARI~NCB FOR 4618 KILD]~RE RO~Dm LOTS 10 ~ND 37m BLOCK 11~ SETONm PID ~19-117-23 21 0031. City Planner, Mark Koegler, reviewed the applicant's request for a variance to allow an existing nonconforming dwelling to remain until a new dwelling is constructed on the same lot. With this type of request, customarily the Building official does not require a variance f the applicant is willing to guarantee removal of the existing structure. The applicant, however, is unable to post the necessary guarantee for removal and is requesting that a $1,O00 escrow be established for removal. The estimated cost of removal of the structure, as given by the applicant, is approximately $3,000. Staff recommended that the Planning Commission recommend that the existing side yard encroachment of .9 feet (6.9 foot variance) is recognized and a variance is issued to allow the temporary existence of two principal dwellings on one lot during the period of time when the new home is under construction. Upon completion of the new home, the existing structure is to be immediately demolished and all debris is to be disposed of in a proper manner. This approval is contingent upon the applicant establishing a $1,000 escrow account. Proceeds from the escrow account shall be used by the City of Mound to defray the cost of legal expenses or actual demolition expenses associated with removal of the existing dwelling should the applicants fail to remove the structure of their own accord. The escrow account shall be refunded to the applicants upon final inspection of the demolished structure by the Mound Building official. Planning Commission Minutes January 13, 1992 The Planning Commission reviewed finance options. Mueller expressed a concern with issuing a Temporary Certificate of Occupancy for the new dwelling prior to the existing dwelling being removed. How long will two dwellings exist on the lot? He questioned if the escrow could be used toward the removal of the structure such as how a construction loan works. The City Planner did not advise this because the escrow is our only leverage, normally a full guarantee is required. MOTION made by Clapsaddle, seconded by Voss to recommend approval of staff,s recommendation. Motion carried 9 to 1. Those in favor were: Clapsaddle, Johnson, Weiland, Voss, Meyer, Hanus, M~chael, and Jensen. Mueller was opposed. This case will be reviewed by the City Council on January 28, 1992. ~ONING CODE MODIFICATIONB - LAND UBE~. Uses allowed in the residential zones were reviewed. It was agreed that multiple dwelling unit structures be listed as a conditional use in the R-2 (old R-3) zone. The Commission then reviewed uses allowed in the Business and Industrial Zones, as follows: 1. Animal Hospital or Kennel. The Planning Commission determined to allow this use in the B-2, however "Kennel', should be deleted from the title as this may promote boarding, training, breeding, etc. Buildings Over 35 Feet in Reight. Koegler recommended that buildings over 35 feet in height not be allowed in the B-2 zone. After a lengthy discussion, the following motion was made: MOTION made by Mueller, seconded by Weiland to allow buildin~s over 35 feet i~ height in the I-1 and ~-1 zones by conditional use permit, and not allow buildings over 35 feet in height in the B-2 zone. Motion carried 7 to 2. Those in favor were: Clapsaddle, Johnson, Weiland, Meyer, Voss, Mueller, and Hanus. Michael and Jensen were opposed. Jensen commented that she believes all areas should be limited to 35 feet in height and if they wish to exceed this the variance process should apply, not a conditional use permit. 2 Planning Commission Minutes January 13, 1992 10. 11. 12. 13. 14. 15. 16. Community Residential Facilities (15 or less) and (6 or less). Okay to remove from I-1 zone. Decorative Landscape Features. from all zones. Okay to remove this category Drive-in Retailing Establishments. Okay conditional use in the B-2 and the I-1 zones. to make as Licensed Day Care Facilities (lZ or less). Okay to add "Licensed Day Care Facilities" with no number limitation as a conditional use in the B-l, B-2, B-2 and I-1 zones· Liquor Stores. Okay to add as conditional use in the I-1. Motels and Motor Notels. Okay to add as a conditional use in the B-1 zone. Motor Fuel Station, Convenience Store. conditional use in the B-2 zone. Okay to add as a MultipleDwelling Structure. Some commissioners did not agree that this use should be removed as a conditional use in the I- 1. The City Planner emphasized that industrial and residential uses are not compatible and the industrial area could always be rezoned in the future. MOTION made by Mueller, seconded by Meyer to leave Multiple Dwelling Structures as a conditional uss in the I-1 son·. Motion carried 6 to 3. Those in favor were: Johnson, Weiland, Voss, Meyer, Musller, and Hanus. Those opposed were Michael, Clapsaddle and Jensen. Public Buildings. Okay to add as a conditional use in the B-3 zone. Public Park and Recreation. Okay to add as a permitted use in the B-1 and B-2 zones. Restaurants (Class I). the I-1 zone. Okay to add as a conditional use in Single Family Detached Residences. permitted use in the I-1 zone. Okay to remove as a Townhouses. Okay to omit from the I-1 zone. Twin Nones. Okay to add as a conditional use in the B-3 zone. Planning Commission Minutes January 13, 1992 17. Two-Family Dwellings. Okay to omit from I-1 zone. 18. Residenti&l Accessory. Okay to delete from I-1 zone. The Commission agreed to use the chart format in the modified code. Koegler confirmed that the public hearing for zoning code modifications will be on February 10, 1992. The Commission asked the City Manager if the public hearing should be taped. The City Manager will look into taping the meeting. CE BEWARE? 2 CHOOSE MODEL ORDINANCE. OR BUYER The Commission discussed code compliance versus buyer beware. There was a concern regarding liability if a hazardous condition was noticed and the City did not require that it be fixed. A poll was taken of the Commissioner,s and the majority was in favor of a buyer beware type ordinance only, at this time, however, eventually they would like to see compliance required, especially for hazardous items. The Truth in Housing inspection process was reviewed, how will the city control that the Disclosure Reports are presented to the buyer? Sutherland suggested that the Director of the Minneapolis, Truth in Housing come in and talk with the Commission. It was noted that realtors and closing agents will need to be made aware of the Truth in Sale of Housing requirements for Mound, if this is implemented. Meyer suggested that the Building Official choose which model ordinance to use. APPROVAL OF 1992 L~_CD COMMERCIAL DOCK LICENSE . Alma's Boat--~ent~ls -~ ~4.~_~__~_ __ APPLICATIONS. A1 & ~~kun~a cna man Place- · &~n Homes Seahorse Condominiums and Lakewi rids The Planning Commission reviewed the 1992 Commercial Dock Applications. They had only one comment relating to Lakewind,s application and the 16 transient slips that are being held for future use. Chair Meyer requested that Council Representative, Liz Jensen, relay the Commission,s concerns regarding this dock, and remind them that this dock does not meet the zoning code requirements if it is planned to be used by a business in the old Donnie's building. Planning Commission Minutes January 13, 1992 APPROVAL OF THE PLANNING COMMISSION WORK RULES FOR 1992. The Planning Commission Work Rules were reviewed by the Commission. Mueller suggested that "2.d. Community Development Committee" be deleted since the Planning Commission does not do Community Development. The City Manager commented that Jerry Clapsaddle is involved in the downtown design team, so in essence the Planning Commission does have a representative involved in this special assignment area. It was agreed that B.l.a. be amended by removing "Official public hearings shall" and adding "Board of Appeals will." In addition, B.l.b. be amended by removing "public hearings" and replacing with "Board of Appeals." Weiland noted a typo in 20.: "buy" should be "but." MOTION made by Weiland, seconded by Clapsaddle to approve the Work Rules as amended for 1992. Motion carried unanimously. REVIEW 1992 PLANNING COMMISSION MEETING DATES. The only meeting date conflict with a holiday is May 25th. It was agreed that if there is a heavy work load the meeting would be rescheduled to May 18th. ELECTION OF OFFICERS: CHAIR & VICE-CHAIR. Mueller nominated Meyer for Chair. Meyer informed the Commission that.for the next two months or so he may not be able to attend the scheduled meetings due to a personal conflict, in fact, he was considering resigning. The Commissioners agreed that if Meyer was not able to attend some meetings, the Vice-Chair can fill in. There being no further nominations, Clapsaddle moved to close nominations and Weiland seconded. BILL MEYER IS ELECTED AS PLANNING COMMISSION CHAIR FOR 1992. Weiland nominated Michael for Vice-Chair. nominations, Mueller moved to close seconded. There being no further nominations, Clapsaddle GEOFF MICHAEL IS ELECTED AS PLANNING COMMISSION VICE- CHAIR FOR 1992. 5 Planning Commission Minutes January 13, 1992 CITY COUNCIL REPRESENTATIVE,S REPORT Liz Jensen reviewed the City Council Minutes of December 10, 1991. MOTION made by Weiland, seconded by ross, to adjourn the meeting at 10:17 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: 6 I(INUTE8 - ECONO)~IC DEVELOPI(EI~IT CO)D(ISSION ?XI~Y 16, 1.992 The meeting was called to order at 7 AM. Members present: Paul Meisel, Mark Brewer, Fred Guttormson, Ken Smith, Jerry Longpre, Jerry Pietrowski, Sharon McMenemy-Cook, Marge Friedrichs. Absent: Ben Marks. Also present: City Manager Ed Shukle and Bruce Chamberlain of VanDoren Hazard and Stallings. Upon motion by Longpre, seconded by Guttormson and carried unanimously, the minutes of the December 19, 1991 regular meeting were approved. Bruce Chamberlain reviewed the conceptual plan for downtown under the Mound Visions Project. This was originally presented at the December 19, 1991 meeting. The Design Committee had recommended this concept to be reviewed and considered by the Economic Development Commission. Also, discussed in relation to this conceptual plan was a report from a meeting held with Hennepin County Public Works and a report from a meeting held with Springsted, Inc~ Chamberlain reported that he, City Manager Ed Shukle and Mark Brewer met the Director of Public Works Pat Murphy and Planning Director Dennis Hansen from Hennepin County Public Works on January 9, 1992. The purpose of the meeting was to present the conceptual plan to Hennepin County to see if it was at all feasible to relocate County Road 15 per the plan. Chamberlain reported that Hennepin County saw no obstacles and thought the plan was a possibility. They did however, indicate that they would have limited participation from a financial aspect due to the fact that the project would be a low priority with the county. In addition, County Road 15 was improved 3-4 years ago and until some years would pass the road, outside of minor maintenance, would be left alone. Chamberlain summarized the meeting with the county indicating that the city established a relationship by meeting with Hennepin County and agreed to keep the county apprised of any progress on this project. Ed Shukle, City Manager, indicated that he had instructed the city engineer, John Cameron, to do a very rough cost estimate on the road improvements as described in the plan. Me thought that he would have that information available at the next EDC meeting. Chamberlain then reported on a meeting held with Springsted, Inc., the city's financial advisor. He talked about the discussion with regard to tax increment financing (TIF). Chamberlain indicated that this was a viable project under TIF that would require establishing a project area. The city could then establish a tax increment financing district subsequent to establishing the project area, to encourage commercial development. It was then moved by Guttormson, seconded by Smith and carried unanimously to establish a project area that would encompass, in general terms, County Road 110 from Mound Bay Park to Three Points Blvd., County Road 15 from the T-intersection at 15 and 110 to the Seton Bridge. This project area would follow the downtown plan that was defined within the original study done by VanDoren Hazard and Stallings and Public Financial Systems in 1990. Staff is to EDC MINI~TES - ~ANUARY 16~ 1992 - PAOE 2 work through and refine this area and investigate the process by which the project area can be established. Some discussion was then held on ~the Walgreen,s proposal. Chamberlain indicated that he was trying no arrange another meeting with the Walgreen,s developers. Also discussed in relation to this was the exterior look of the Walgreen,s proposed building and whether the City should have some set design standards for its downtown buildings. It was moved by Brewer, seconded by Smith and carried unanimously to have the Design Committee look into establishing design standards for the downtown. Chamberlain discussed the upcoming retailing seminar sponsored by the Chamber of Commerce and the Mound Visions project that will be held February, March and April. Hometown Futures of Hastings, Minnesota will be facilitating seminars on assisting business owners in upgrading their techniques and methods of retailing in the 1990's. The seminars will be held on February 28, March 5 and at Mound city hall and April 3, location to be scheduled. The information regarding registration is going to be sent out in the Chamber news letter in February, as well as individual distribution to businesses. City Manager Ed Shukle updated the Commission on the Toro lease. He indicated that Toro has signed a new lease with Welsh Companies for a minimum of two years to a maximum of 10 years with renewing options after the second year, after the fourth year and after the eighth year. He also discussed Walter G. Anderson and the latest information on the teen center. Sharon. McMenemy-Cook is scheduled to brin rolls at . meeting, which is sc~,-~A~ ........ g the next · .~u~u ~vr 'rnurs~ay, FeDruar 20 c. lt..y h.all. It was also noted that the e .... ~ .... Y~ _, 1992, 7'AM, · .=,,xl,~ u~ ~-eDruary 20th is ~e~cated to an EDC and team meeting which will be held at 7 PM. at city hall. The purpose of this meeting will be to discuss 'the entire Visions Project as it is now sitting and to focus on the work that remains ahead. An informal presentation and subsequent discussion with the city council will be held on March 17, 1992 at the city council's regular Committee of the Whole meeting. Upon motion Smith, seconded by Guttormson and carried unanimously, the meeting was adjourned at 8:30 AM. Re~t;ull~ submitted, Ed Shukle City Manager ES:is League of Minnesota Cities JAN 2 183 University Ave. East St. Paul, MN 55101-2526 (612) 227.5600 (FAX: 221.0986) January 21, 1992 TO: Manager/Administrator, NLC Direct Member Cities FROM: RE: Donald Slater, Executive Director Appointments to 1992 NLC Policy Committees Next week, LMC President Peter Solinger, Councilmember, Rochester, will appoint city officials from Minnesota cities to serve on NLC policy committees for 1992. I encourage you to recommend city officials to participate in the development of national municipal policies for the coming year by joining one of the following committees (see attached form). PLEASE CONTACT ANN HIGGINS BY WEDNESDAY, JANUARY 29 WITH YOUR RECOMMENDATION. There are currently vacancies on the following committees: FAIR: none* EENR: 2 CED: 2* HD :. 3 T&C: 1' * The League has nominated city officials currently serving at the policy committee level to be appointed to '92 NLC Community & Economic Development, Transportation & Communications, and Finance, Administration & Intergovernmental Relations Steering Committees. If they are appointed, LMC will have an additional vacancy on each of these committees. Attachment NLC POT.T~ COIqlqITTEE APPLICATION FOR 1992 Applicants may be elected or appointed city officials from NLC direct member cities. I am interested in being considered for appointment to the NLC Policy Committee. Here is a brief description of each committee: FAIR (Finance, Administration & Intergovernmental Relations): develops and recommends policies on economic, fiscal assistance, and municipal financing issues, liability insurance, anti-trust, civil rights, labor relations, and fire policy, as well as city management, citizen participation, and intergovernmental relations. EENR (Energy, Envirorment & Natural Resources): develops and recommends policies on air and water quality, wastewater treatment, energy, solid and hazardous waste management, infrastructure, noise control and disaster relief. CED (Community & Economic Development): is responsible for policies on economic development, community development (including CDBG), housing, land use, parks and recreation, and historic preservation. HD (Human Development): develops and recommends positions on employment and job training, social security and unemployment insurance, income support programs, immigration and refugees, health and education, equal opportunity, social services, and criminal justice. T&C (Transportation & Communications): develops and recommends policies on public transit, streets and highways, air transportation, railroads and waterways as well as regulation of cable television franchises and telecommunications. APPLICANT'S NAME TITLE ADDRESS CITY, STATE, ZIP TELEPHONE area code RETURN TO ANN HIGGINS, LMC OFFICE