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1993-03-23ii ii I CITY OF MOUND MI,qSION STATEMF. NT: 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., TUF~DAY, MARCH 23, 1993 CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE - TO BE LED BY BOY SCOUT TROOP 571 FROM OUR LADY OF THE LAKE. APPROVE THE MINUTES OF THE MARCH 9, 1993, REGULAR MEETING AND THE MARCH 16, 1993 COMMITTEE OF THE WHOLE MEETING. PUBLIC HEARING: 1993 (YEAR XIX) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. CASE #93-002: DUANE BEIMERT, 5125 DRUMMOND ROAD, LOTS 7 & 8, BLOCK 14, WHIPPLE, PID #24-117-24-12 0113 REQUEST: VARIANCE CASE ~9~-005: BILL VOSS, 4608 KILDARE ROAD, LOT 6, BLOCK 11, SETON, PID #19-117-23 21 0028· REQUEST: VARIANCE EXTENSION CA8E ~93-004: DAVID CARLSON, 5860 IDLEWOOD ROAD, LOT 4, & E 1/2 OF LOT 5, BLOCK 1, THE HIGHLANDS, PID #23- 117-24 42 0014. REQUEST: VARIANCE CASE ~93-005: DENNIS ERICKSON, 2424 AVON DRIVE, LOT 1, BLOCK 1, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0003· REQUEST: MINOR SUBDIVISION CASE ~93-007: HESTIA HOMES, 3239 ROXBURY LANE, LOT 1, 2 & 3, BLOCK 26, DEVON REQUEST: VARIANCE (PLANNING COMMISSION WILL HEAR THIS CASE AT ITS MARCH 22, 1993 MEETING). PG. 956-963 PG. 964-995 PG. 996-997 PG. 998-1005 PG. 1006-1029 PG. 1030-1040 PG. 1041-1054 954 I ! I 10. 11. 12. 13. 14. 15. 16. 17. · ABE #93-00S: W.G. ANDERSON, 5310 SHORELINE DRIVE· REQUEST: AMENDMENT TO OPERATION8 PERMIT FOR EXTERIOR VENT STACK COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT RECEIPT OF PETITION FROM PERSONS REQUESTING CITY COUNCIL TO RECONSIDER REMOVAL OF PEDESTRIAN CROSSWALK ON SHORELINE DRIVE BETWEEN HOUSE OF MOY AND PARKING LOT. SET PUBLIC HEARING TO CONSIDER AN AMENDMENT OF MOUND'S FLOODPLAIN OVERLAY REGULATIONS, SECTION 330:15 OF THE MOUND CODE OF ORDINANCES. SUGGESTED DATE: APRIL 27, 1993 RECOMMENDATION FROM PARKS AND OPEN SPACE COMMISSION RE: 1993 SUMMER PARKS AND BEACH PROGRAM. APPROVAL OF A STIPULATION - RE: MOUND VFW POST 5113 SELLING INTOXICATING LIQUOR TO MINORS. LICENSE APPROVALS - WESTONKA MDA - PUBLIC DANCE PERMIT PAYMENT OF BILLS. INFORMATION/MISCELLANEOUS FEBRUARY 1993 FINANCIAL REPORT AS PRESENTED BY GINO BUSINARO, FINANCE DIRECTOR. B. PLANNING COMMISSION MINUTES OF MARCH 3, 1993 Ce PARKS AND OPEN SPACE COMMISSION MINUTES OF MARCH 11, 1993. D. ELECTION INFORMATION ON REDISTRICTING. Ee Fe LETTER FROM A CITIZEN, THANKING OFFICER JOHN EWALD FOR HIS SERVICE TO THE COMMUNITY. REMINDER: DOCKS MEETING, THURSDAY, MARCH~, 1993 10 AM TO 12 NOON, CITY HALL. FORMAT WILL FOLLOW LAST YEAR'S MEETING WITH REALTORS. PLEASE PLAN ON ATTENDING, IF POSSIBLE. G. LMCD MAILINGS. He LETTER FROM HENNEPIN COUNTY RE: PROGRAM FINANCING ALTERNATIVES. ENVIRONMENTAL PG. 1055-1071 PG. 1072-1073 PG. 1074 PG. 1075-1084 PG. 1085-1094 PG. 1095-1096 PG. 1097-1115 PG. 1116-1117 PG. 1118-1123 PG. 1124-1126 PG. 1127 PG. 1128 PG. 1129 PG. 1130 PG. 1131-1133 955 MINUTES - MOUND CITY COUNCIL - MARCH 9, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 9, 1993, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland and the following interested citizens: Gary Trosin, Frank Weiland, Diane Beimert, Peter Meyer, Jim Brunzell, Cathy Germain, Harvey Berquist, William Johnsen, and Tom Casey. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the February 23, 1993, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 RECYCLOTTO WINNER The Mayor presented Gary Trosin, 5013 Shoreline Drive with $300.00 Westonka Dollars for recycling the week of March 1, 1993. 1.2 CASE ~93-002: DUANE BEIMERTt 5125 DRUMMOND ROADt LOTS 7 & 8, BLOCK 14, WHIPPLE, PID #25-117-24 12 0113, VARIANCE The Building Official explained the request. Commission recommended approval on a 5 to 1 vote. The Planning Councilmember Smith asked if the owner of the property should have signed the request for a variance. The City Attorney stated that the owner should have also signed the application for a variance. MOTION made by Smith, seconded by Ahrens to table this item until the March 23rd Meeting to provide the owner time to sign the application for a variance. The Staff to provide the owner of the property with the material from the packet. The vote was unanlmously in favor. Motion carried. 1.3 DISCUSSION: TEAL POINTE ENVIRONMENTAL ASSESSMENT WORKSHEET The City Manager reviewed the Planner's memo and timetable for the EAW process. The Council was provided with a blank EAW to review. The timetable appears to be 120 days maximum. The Council will be kept apprised of what is happening as the process proceeds. The Council stated that all City Commissions will have the opportunity Mound City Council Minutes March 9, 1993 to review and comment on the EAW. '~.4 DISCUSSION: POSSIBLE REFERENDUM ON TEAL POINTE AND OTHER PROPERTIES Tom Casey stated he would like to have the Council initiate the referendum. He stated time is of the essence, that it is important to move forward on this as it is one of the last green spaces in Mound. The following people spoke in favor of the Council initiating a referendum: Kathy Germain, 2418 Black Lake Road, Spring Park Jim Brunzell, 5111 Windsor Road, Mound Glen Melena, 5139 Windsor Road, Mound The Council explained that they are hearing from the general public that they are not in favor of the entire city paying for the acquisition of Teal Pointe. Therefore, the Council stated they feel that the people in favor of this need to get their petition going and gather the necessary signatures to prove there are some 1100 people interested in pursuing the acquisition of Teal Pointe. The city Attorney pointed out that the statute uses the word "may" not "shall" when referring to the Council calling a special election prompted by a petition of the electorate. The City Attorney stated he would work with Mr. Casey on the phrasing of the question that would go on the petition. No further action was taken on this item. 1.5 REPORT RE: CHAMBERLAIN GOUDY VFW POST ~5113 - SELLING INTOXICATING LIQUOR TO MINOR The City Manager explained that in September 1992 there was a violation at the VFW when a bartender sold intoxicating liquor to a minor. The bartender was charged, went to court and was fined $200. After that there was a meeting with the VFW to discuss a Stipulation where the City would assess a penalty for the violation. At that meeting, the Commander and Manager of the VFW agreed to a settlement that would have to come back to the City Council in written form and signed by the VFW. This negotiated settlement was that the VFW would close for 5 days, Sunday through Thursday (March 21 - 25), and pay a fine of $500. Since then the VFW contacted the City Manager and stated that they are now objecting to the penalty that was being proposed and wanted to suggest another proposal. Their proposal is that the VFW would close for 5 consecutive Mondays and pay the $500 fine. The City Manager asked for direction from the City Council. II Jl I Mound City Council Minutes March 9, 1993 The City Attorney cautioned the Council that tonight is not the night for the City to present evidence or for the Council to make a decision. He reported that the Stipulation that was agreed to was sent to the VFW and has not been returned to City Hall. There are two things that the Council could do tonight: Direct the Staff to go back and continue to negotiate with the VFW to see if this can be resolved thru arbitration or peaceful means. To order the Staff to go back and prepare the necessary documents to start a hearing. The VFW is entitled, under the ordinance and the statute, to a hearing and therefore he cautioned the Council not to get involved in talking about penalties tonight. This hearing would fall under the Administrative Procedures Act, which would require an Administrative Law Judge from the State of Minnesota be assigned. Both parties would then go forward with their evidence, then that Judge would make a recommendation. Eventually though, the City Council is the one who has the authority and the power to either suspend or revoke the license and levy a civil penalty. The City Attorney asked for general direction from the Council on what they would like to see Staff do now. Councilmember Smith asked what the maximum penalty would be. The City Attorney stated that the maximum penalty would be revocation or suspension for 60 days and a fine of $2000 and the City could call the VFW's $5000 bond. The Council agreed that they would like to see this resolved through negotiations. The Council stated they felt what was offered originially was appropriate and in line with what has been done before for such violations. MOTION made by Johnson, seconded by Jessen directing Staff to get back together with the VFW and see if they can work out a stipulation that the Staff would feel was appropriate to recommend to the Council. The vote was 4 in favor with Smith voting nay. Motion carried. Councilmember Smith stated that he voted against the motion because he was comfortable with what the Staff negotiated originally. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.6 ADOPT SUMMARY ZONING/SHORELAND ORDINANCE AND MAP The City Manager reported that this is the Summary of Ordinance Mound City Council Minutes March 9, 1993 #61-1993 (Zoning/Shoreland Management Ordinance) that was adopted at the last Council Meeting. Also to be published is the updated Zoning Map. The Ordinance would be in effect Monday, March 15, 1993. Councilmember Jensen asked about extensions to variances and the effect the new zoning ordinance will have on them. The City Attorney stated that if a person does not do anything within one year of the variance approval and it comes back to the Council for an extension, the Staff should be routinely reviewing these and if there is a major change, they should not recommend the extension. Then it would go back to the Planning Commission and Council. Smith moved and Jensen seconded the following: SUMNARY OF ORD. #61-1993 AN ORDINANCE REGULATING THE USE OF AND REVISED ZONING MAP LAND IN MOUND BY DISTRICTS INCLUDING THE REGULATIONS OF THE LOCATION, SIZE, USE AND HEIGHT OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTHy SAFETY, ORDER, CONVENIENCE, AND GENERAL WELFARE OF THE CITIZENS OF MOUND The vote was unanimously in favor. Motion carried. 1.7 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL 1.8 USE PERMIT FOR OPEN SALES LOT AT HARRISON BAY MOBIL, 4831 SHORELINE DRIVE, IN THE B-2 GENERAL BUSINESS ZONING DISTRICT MOTION made by Smith, seconded by Jessen to set April 13, 1993, for a public hearing to consider the issuance of a Condltional Use Permit for open sales lot at Harrison Bay Mobil, 4831 Shoreline Drive, in the B-2 General Business Zoning District. The vote was unanimously in favor. Motion carried. APPROVAL OF TREE REMOVAL LICENSE RENEWALS ANDNEW PUBLIC DANCE PERMIT The following Tree Removal Licenses are up for renewal on March 31, 1993: Aaspen Tree Service Lutz Tree Service Robert F. Dahlke Shorewood Tree Eklunds Tree Service The Tree Stump Co. Emery's Tree Service The following Public Dance Permit application has been received: Headliners Bar & Grill - Permit period 3/15/93 - 3/14/94. ii Mound City Council Minutes March 9, 1993 MOTION made by Smith, seconded by Ahrens to authorize the issuance of the above licenses,and permits contingent upon all required forms, insurance, etc. being provided. The vote was unanimously in favor. Motion carried. 1.9 PAYMENT OF BILLS NOTION made by Johnson, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $89, 849.67, when funds are available. A roll call vote was unanimously in favor. Notion carried. INFORMATION/MISCELLANEOU~ A. February 1993 Department Head monthly reports. B. L.M.C.D. Representative,s monthly report for February 1993. C. LMCD Mailings. Letter from Deb Luesse, 3225 Amhurst Lane expressing her appreciation for the Council decision to remove four mid-block crosswalks. E. Notice for NSP re: Hearings on Proposed Rate Increase· Fe Letter dated February 26, 1993, from Representative Steve Smith responding to my February 9, 1993, letter re: Governor Arne Carlson's Budget Proposal. G. Planning Commission Minutes - February 22, 1993. H. Economic Development Commission Minutes of February 18, 1993. REMINDER: Dock Meeting, Thursday, March 25, 1993, 10:00 A.M. - 12 Noon, City Hall. Format will follow last year's meeting w/realtors. J. Tuesday, March 16, 1993, at 7:30 P.M. COW Meeting, City Hall. MISCELLANEOUS Councilmember Smith asked how the Planning Commission is doing on the Exterior Maintenance Ordinance. Councilmember Jensen stated that her understanding was that the exterior maintenance issue was being looked at relative to what we can do with our nuisance ordinance before we develop another ordinance. The City Manager stated this will be on the COW Agenda next week. Councilmember Jensen stated the Planning Commission is working on Truth in Sale of Housing. Mound City Council Minutes March 9, 1993 The Council asked what was happening with the Rental Housing Ordinance. The City Manager reported it is moving slowly. The Council discussed setting a timeline for this. The Council asked that a recommendation be presented at the 2nd Meeting in May on the Rental Housing Ordinance. Councilmember Smith stated that the Commons Task Force has done all the video work and all the dock sites are numbered on the videos and the dedications. They will be doing the narrations on Wednesday evening. The Mayor stated that Bruce Miller is the winning artist for the Federal Duck Stamp. He will be meeting with the people who are putting together the kickoff of the first day of sales of these stamps on Monday, March 15. The first day of sales will be June 30th in Washington, D.C. Then Mr. Miller will return here for the first day of sale locally, July 1st. The Mayor will report back. MOTION made by Smith, seconded by Jessen to adjourn at 8:55 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., city Manager Attest: city Clerk I I i MINUTES - COMMITTEE OF THE WHOLE MEETING - MARCH 16, 1993 The Meeting was called to order at 7:30 PM. Members present: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Ken Smith, Phyllis Jessen. Absent and excused: Liz Jensen. Also present: City Manager Ed Shukle. Mayor Johnson noted that the Goal Setting aspect of the Committee of the Whole meeting will be postponed until the April 20, 1993 COW meeting due to the absence of Councilmember Jensen. City Manager Ed Shukle presented a memorandum dated March 12, 1993 from Greg Skinner, Utilities Superintendent. The memorandum dealt with the proposed water system to be implemented into the water utility. The City Council had asked at its January COW meeting to look at a telephone type meter reading system. Skinner had presented in his memorandum information that did not make the telephone type system look affordable. After a number of questions were raised, it was suggested by the city manager that representatives of Sensus Corporation and Mr. Skinner be present at the next Committee of the Whole meeting for the purposes of presenting a comparison between the touch read type system and the telephone type read system. In addition, information is to be obtained with regard to reading meters on a contract as they are now and on a contract with a touch read system. City Manager Ed Shukle reported on the elevated water storage tank repainting. He indicated that John Cameron, City Engineer, had been at the January COW meeting for the purposes of presenting some information on repainting the 300,000 gallon elevated storage tank on Evergreen Road. The Council had asked at that time to bring back some information with regard to constructing a new tank. The city manager presented some information from some cities in Wright County, north of the Twin Cities. The estimated cost for a similar type tank was in the area of $500,000 to $600,000. The city manager indicated that if any tanks were to be replaced, the one near St. John's Church would be a more likely candidate. No further information is needed at this time on this matter. Exterior maintenance was then discussed. The city manager presented a letter from last fall written by Curt Pearson, City Attorney, in response to the city manager's letter dealing with the existing nuisance ordinance and its enforceability. The city attorney expressed in his letter that rather than creating a new ordinance, that the existing nuisance ordinance be more consistently and regularly enforced by staff. This may require additional personnel and try to "jawbone" with property owners to get properties cleaned up. After considerable discussion, the city manager suggested that city staff develop a plan outlining some strategy on how to enforce the existing nuisance ordinance as it pertains to exterior maintenance. The city council even indicated that they were willing to "inspect" by providing lists of properties to staff. Also discussed was the fact that all employees of the City of Mound should be aware of what's going on around them and if they see violations of the nuisance ordinance, they should make notes and develop lists of those properties. Also discussed with relationship to this matter was the upcoming clean up days scheduled for April 24th and 25th. City Council suggested that a flier be drafted that could go out in the newspaper tubes to all Mound residents and recommending that they take the opportunity to clean up their yards and bring their materials to the clean up days site, which will be at Lost Lake. Other business discussed was the Celebrate Summer idea developed by members of the Parks and Open Space Commission for the last Sundays of May, June, July and August. Also discussed was the Duck Stamp event that the City of Mound facilitating for July 1, 1993. There being no other business, it was moved by Smith, seconded by Jessen and carried unanimously to adjourn at 9:45 PM. ReI ectfully submitted, City Manager ES:is II Jl I RESOLUTION NO. 93 - RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1993 (YEAR XIX) OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Mound, Minnesota, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Mound, Minnesota has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on March 23, 1993 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the City's proposed use of $63,023 from the Year XIX Urban Hennepin County Community Development Block Grant. BE IT RESOLVED, that the City Council of Mound approves the following projects for funding from the Year XIX Urban Hennepin County Community Development Block Grant program related and applicable program income and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XIX Urban Hennepin County Community Development Block Grant Program Statement of Objectives and Projected Use of Funds. Project Budqet Westonka Community Action Network Westonka Intervention Westonka Senior Center - Operations Rehabilitation of Private Property $ 7,500 5,700 22,428 27,395 $63,023 The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk Westonka Community Action Network · Emergency Assistance ·Meals on Wheels · Human Services 5600 Lvnwood Blvd. Mound, MN 55364 1612) 472-0742 SERVICE AREA Greenfield Independence Lo ret'to Maple Plain Mmnetonka Beach Mmnetrista Mound Rockford Spring Park St Bonifacius To-ka Bay ',',estern Orono BOARD OF DIRECTORS Craig Anderson, ;/---:,s~a & St Bon; Pofice Cf?lei Mary OeVinney, ,;'~.~;:~g Foodsne/! Coordinator Rosemarle Febrega-Snyder, C:--~nlty Volunteer Tom G~mble, .o:~ Businessman Jeanne Gelin,,a, ~'~es;:q~a Pubfic Librarian Steve Harpestad, Cc~-~n/ty Volunteer Lan Harrell, Mo~¢, Police Chief Val Hesaburg, P~e~'~2~ka Inte~'enhon Prs ec~ Coordinator Margaret Holate, Sc'~oo SoCial Worker Men/ Hurley, We.s:o'~ka Adult Basic Ec~:at,,on Program Manager PhyIli~ Jessen, ~,':.'~C City Council Irene Jezorekl, Me;~ ~- '. ~-Wheels Coordmator Jo&ri garle, $~ ~a'hn~ by the Lake Rep Jerry Ptetrowski, LDCa Banker Marilyn Reger, ~' ~3 we Social Action Corem/tree Richard Schieffer, L3£a Agorney Fr. Michael Tegeder, Pasr~, Our Lady of the Lake Church Bart~arl Thomford, Cc~ ~lty Volunteer Bce Tomalka, Co-~,/~ty Volunteer Karen Waltere, C:--Jn/ty Volunteer Dale Woodbeck, MAR 1 0 1993. March 9, 1993 Mayor and Councilmembers of Mound 5341Maywood Road Mound, MN 55364 Dear Mayor and Councilmembers of Mound, WeCAN requests that the City of Mound renew your allocation to us of $7,500 from Community Development Block Grant Year XIX funds. We thank you again for your support of $7,500 from last year's CDBG funds - you are an important reason for the successes WeCAN achieved in 1992! WeCAN is a community-based, nonprofit organization, dedicated to helping people achieve greater self-sufficiency by providing a wide variety of services to low-income residents in southwestern Hennepin County. WeCAN served 1,071 households in 1992. Fifty-nine percent of our services go to residents of Mound. This includes 417 households in Mound, 125 of which utilized our Emergency Assistance Program and received $29,786 in rent and utility aid; 32 households received 3,195 nutritious home-delivered dinners in our Meals-On-Wheels program; 45 households received budget counseling through our Financial Counseling Program; 59 households participated in our Food and Nutrition Program; 32 households received 219 hours of family and individual counseling at the WeCAN office; and 124 households received public assistance application services. In addition we have been assessing community needs by reviewing 1990 vs. 1980 census data as part of our work on a community plan for affordable housing. Mayor Skip Johnson is a member of WeCAN's Housing Task Force. Copies of censu~ information about Mound is enclosed. A Boardmember and I will be at your March 23rd CDBG public hearing to make a short presentation about our request. Enclosed is additional information about WeCAN and our services, but please call me at 472-0742 if you ever have any questions or concerns. Sincerely, Kiki Sonnen WeCAN Executive Director enc. 1992 WeCAN SERVICES & PROGRAMS DELIVERED TO OUR COMMUNITY: WeCAN's programs and services benefitted 1,071 low-income families in 1992. WeCAN provides a variety of services to residents of Greenfield, Independence, Loretto, Maple Plain, Minnetonka Beach, Minnetrista, Mound, western Orono, Rockford, Spring Park, St. Bonifacius and Tonka Bay. Emergency assistance: $34,099 in vouchers issued to 194 families in need or crisis. Meals-On-Wheels: 7,855 hot, nutritious meals delivered to 81 households - a 1§% increase over 1991! Food & Nutrition Education: 91 seniors and young parents participated in hands-on cooking and nutrition classes. Financial & Budget Counseling services provided to 62 households. Planning for Affordable Housin~ began in 1992 with WeCAN working with representatives from six cities to review housing needs and housing resources and ways to bridge the gap between them. Future benefits of this planning process could affect 426 low- income households in the study area. Public Assistance application services provided to 232 households by Hennepin County outreach workers at our office. Family & Individual Counseling provided to 42 households by counselers from Pyramid Mental Health Center and RELATE Counseling at our office. Two hundred seventy-two hours of counseling and parenting group hours were provided. Information & Referrals WeCAN served an additional 369 households with information and referrals made to other helpful agencies, including energy assistance through West Hennepin Human Services, emergency food through the Westonka Food Shelf, and clothing through Pennywise Clothing Shop. TOTAL HOUSEHOLDS SERVED: 1,071 I · I 0 03 0 ~ 0 > ~.. O0 C~ O~ Westonka Community Action Network Newsletter Neighbors Helping Neighbors Spring, 1993 Nominations Open for WeCAN Volunteer of the Year WeCAN is now accepting nominations for thc 1993 Volunteer of thc Year Award. To nominate a WeCAN volunteer you can call the WcCAN office at 472-0742. Each year WeCAN honors over 100 community volunteers in an April Volunteer Recognition event and presents the WeCAN Maurice Trask Volunteer of the Year Award to an outstanding volunteer. WeCAN's Volunteer of the Year Award is named after Maurice Trask, a member of Bethel United Methodist Church, who had a long time history of concern and caring for the poor and disadvantaged. After his death, his widow, Lillian Trask, established the Maufice Trask Memorial through Bethel United Methodist Church to honor her husband's memory. The Trask Memorial makes regular contributions to WeCAN. Last year's winner of the Maurice Trask Volunteer of the Year Award was Karen Walters. This year's Volunteer Appreciation Event is scheduled for Thursday, April 29, at 2 p.m. at the Westonka Senior Center. Everyone is welcome to come and honor our wonderful volunteers! Volunteer opportunities abound at WeCAN. A listing of volunteer positions can be found on page 3. For more information call our Volunteer Coordinator Joan Jenkins at 472-0742. Training is provided. WeCAN volunteers display their Certificates of Appreciation at the lgg2 Volunteer Appreciation Celebration. Over 100 volunteers provide service to a range of WeCAN programs and activities. This year's Volunteer Appreciation Celebration is set for Thursday, April 2g, at the Westonka Senior Center. Mark your calendars no~ WeCAN Donations Increase in 1992 .... Thanks to You! Neighbors helping neighbors. That's what WeCAN is all about. Chances are you know someone in our community who is in need or in crisis. A helping hand at a critical time can make all the difference in the world to a person in need. WeCAN's Holiday Fundraising. Appeal in 1992 increased 42% over 1991 thanks to your support. In addition, the McKnight Foundation set up a $10,000 challenge grant for WeCAN if $20,000 could be raised from new donors. We are happy to report that WeCAN raised $53,440 from 138 new donors in 1992. This amount includes a renewal of WeCAN's contract with Heanepin County for an increase to $25,000. Also 31 previous donors to WeCAN increased their giving in 1992. the amount of the increase was $5,760. Thanks to you for WeCAN's success in 1992! All donations are tax deductible. And every dollar helps build a happier, healthier community for you and your family. Your donations for 1993 maybe sent to: WeCAN 5600 Lynwood Boulevard Mound, MN 55364 What Can I Do??? A Guide to Volunteer Opportunities at WeGAN POSITION ADOPT-A-FAMILY COORDINATOR ADOPT-A-FAMILY ASSISTANT BARTER PROGRAM COORDINATOR BARTER PROGRAM DATA ENTRY WORKER BARTER PROGRAM INTERVIEWER BIRTHDAY SHELF COORDINATOR COMMUNITY ADVOCATE OONATIONSIFUNDRAISING ASSISTANT FOOD & NUTRITION PROGRAM ASSISTANT MAILING PROJECT WORKER MEALS-ON-WHEELS ASSISTANT COORDINATOR MEALS-ON-WHEELS CUSTOMER ADVOCATE M EALS-ON-WHE ELS DAILY SCHEDULER MEALS-ON-WHEELS DRNER MEALS-ON-WHEELS DRIVER'S ASSISTANT OFFICE ASSISTANT OUTREACH/PUBLICITY EDITOR OUTREACH/PUBLICITY PLANNER OUTREACH/PUBLICITY WRITER REVOLVING LOAN PROGRAM MANAGER SPECIAL EVENTS ASSISTANT SPECIAL EVENTS PLANNER VOLUNTEER COORDINATOR /OLUNTEER ASSISTANT WHAT f n .ag.e holiday gMng Help with holiday Manage b~rtsr program Computer data Determine skills by interviewing Set up & manage children's gifts & birthday supplies ..u eW 1~3pl.e in need, provide p & evaluate programs Help solicit, collect & acknowledge donations Evaluate food program & recruit participants Prepare bulk mailings Coordinate volunteers, o~der meals, explain program to new customers in Map~ Plain area V'~t new Meals customers to explain program & interview all customers to evaluate program Schedule volunteers one day a week in Mound area bound customers in either Mound or Maple Plain Accompany. Meals driver Answer phones, file, data entry, greet customers Edit quarterly newsletter Plan & manage news releases, quarterly newsletter Write news releases & articles Track payments, prepare billings & acknowledge receipts Prepare decorations, food & materials for special events Plan & manage special events Man .a~e, evaluate volunteers recru~ new volunteers 'wHEN MINIMUM NEXT STEP COMMITMENT 5 hours/wk. 6 mo. Call Joan, 472-0742 Oct-Dec. 5 hours/wk. 6 mo. Call Joan, 472-0742 Oct-Dec. 5 hours/wk. 6 mo. Call Joan, 472-0742 5 hours/wk. 6 mo. Call Joan, 472-0742 5 hours/wk. 6 mo. Call Joan, 472-0742 3 hours/wk. 6 mo. Call Joan, 472-0742 5 hours/wk. 6 mo. Call Joan, 472-0742 3 hours/wk. 6 mo. Call Joan, 472-0742 3 hours/wk. 6 mo. Call Joan, 472-0742 5 hours 3 mo. Call Joan, 472-0742 4 times/yr. 2 hour shift 6 mo. Call Marrrs, 472-0742 daily, M-F 2-3 hours/mor~ 6 mo. Call Martis, 472-0742 3 hours/wk. 6 mo. Call Marlis, 472-0742 1-1.5 hours 6 mo. Call Marlls, 472-0742 once awesk 1.5 hours 6 mo. Call Madis, 472-0742 o~lce · month 3 hours/wk. 6 mo. Call Joan, 472-0742 10-15 hours 6 mo. Call Joan, 472-0742 quarterly 3 hours/wk. 6 mo. Call Joan, 472-0742 3 hours/wk. 6 mo. Call Joan, 472-0742 3 hours/wk. 6 mo. Call Joan, 472-0742 3 hours/mor~ 6 mo. Call Joan, 472-0742 6 hours/rn(mth 6 mo. Call Joan, 472-0742 3 hours/wk. 6 mo. Call Joan, 472-0742 5 hours/month 6 mo. Call Joan, 472-0742 Assist volunteer coordinator Still Not Sure?? If you're still not sure how you fit in or whether WeCAN has the kind of volunteer opportunity you are looking for, please call Joan Jenkins, 472-0742. 7o BOARD OF DIRECTORS: OFFICERS President Tom Gamble Local Businessman Vice President Phyllis Jeasen Mound City Councllmernber Treasurer Jerry Pietrowaki Local Banker Secretary Marllyn Reger Mt. Olive Social Action BOARD MEMBER,~ Craig Anderson Minne{rlsta & St. Bonl Police Chief Mary DeVinney Westo~ka F(xxl Shelf Co~dinator Rosemary Fabrega-Snyder Communlb/Volunteer Jeanne Gellnaa Westonka Pul~lc Librarian Steve Herpestad Community Volunteer Mound City Police Chief Val Nessbur~ Westo~ka Intervention Projecl Coordinator Margarel Holsle School Social WoOer Mary Hurley Westortka Adult Basic Educatio~ Manage~ Irene Jezorskl Meals-On-Wheels Co~dinator Joan Lane St. Martin's by the Lake Representative Richard Schleffer Local Attorney Fr. Michael Tegeder Pastor, Our Lady of the Lake Church Barb Thomford Communlb/Volunteer Bob Tomalke Community Volunteer Karen Waltera Community Volunteer Dale Woodbeck Local Businessman Newsielter productic~: Mary Bracho ADMINSTRATION: Execu#ve Dfrector AdminlstraUve Assistant Klkl Sonnen Marlls Heine. What WeCAN is all about... WeCAN is a community-based human service organization dedicated to enabling people with Iow incomes achieve greater self- sufficiency. WeCAN provides emergency assistance, meals-on- wheels, community planning for affordable housing, food and nutrition classes, and budget and financial planning. WeCAN also operates a time-share human service center providing energy assistance, public assistance intake services and family and individual counseling. Serving the communities of: Rocxr-oeo Lo~-rro MAP~ PLA~ O~owO M~NHETRISTA M~ B~CH SPmm PA~ Toga BAY Mou~ EVENTS CALENDAR Every Monday 11 am-3 pm Every Monday 1-3 pm Every Monday 1-3 pm Every Tuesday 9 am-4:30 pm Every Tuesday 1-3 pm Every Tuesday 1-5 pm Tuesday, Mar. 9 9:30 am Monday, Mar. 15 3:30 pm Tuesday, Apdl 6 9:30 am Monday, April 12 3:30 pm Tuesday, Apdl 13 9:30 am Tuesday, Apdl 20 9:30 am Tueday, April 27 9:30 am Thursday, Apdl 29 2:00 pm Tuesday, May 4 9:30 am Financial & Budget Counseling Energy & Fuel Assistance Emergency Assistance Public assistance applications Emergency Assistance Family & individual counseling Maple Sugar Field Trip to Lowry Nature Center WeCAN Board Meeting Passover Cooking Class WeCAN Board Meeting Green Spdng Cooking Class Nutrition for Cancer Prevention Mother's Day Brunch Class Volunteer Appreciation Event Cinco de Mayo Class Party WeCAN offices are open 8 am to 5 pm Mon. through Thurs. Correction In WcCAN's last ncwslcttcr we neglected to highlight the vital service of a very important WcCAN Board Membed He is Steve Harpestad, a Mound resident and parent who was first elected to thc WeCAN Board in 1991. As a board member, Steve provides planning for the future, policy development and fundraisin§ services. Thanks go to Steve and all our great volunteer Board Membersl Over 40 Meals-On. Wheels volunteer drivers met recently at Presbyterian Homes in Spring Park to develop new policies and procedures to improve the meals delivery program. In 1992 volunteers delivered ;. a ; 3 hot, nutritious meals to our area's homebound seniors--this was a 15% increase over the previous year! I ! WeCAN Celebrates the Wide World of Food with Free, Fun Classes We(SAN has slated the 1993 Food & Nutrition program for a fun, educational look at the foods and cultures of our changing world. Participants will meet new friends, gain experience preparing a variety of delicious and nutritional foods, and have a lot of fun learning how to stretch the family's food dollar. Every class is a party where participants explore the food, history and culture of our world. Call WeCAN at 472-0742 for more information. The free classes coming up include a field trip to Lowry Nature Center for a Maple Sugar Demonstration on March 9, Passover Cooking on April 6, a "Green Spring Party" on April 12 featuring cooking with asparagus and other early vegetables, a Mother's Day Brunch Party on April 27, and a Cinco de Mayo Party on May 4. All sessions a[e. hel. d on Tuesdays, 9:30 a.m. to 11:30 a.m. Free child care and transportation are available with advance notice. Grocery gift certificates and a free cookbook are awarded to participants who attend six or more sessions. The class instructor is a nutrition professional from the University of Minnesota Extension Service's Expanded Food and Nutrition Program. WeCAN's Food & Nutrition Program began in 1991 with a grant from the Medtronics Foundation and is now funded by local contributions. WeCAN's Food & Nutrition Class celebrated Ground Hog Day by cooking nutritious root vegetables. Class space is still available for young parents. Every c/ass is a party/. Family and Individual Counseling Available at WeCAN Office If you are having problems working through concerns about your family, your children, your relation- ship--or yourself--private, individual- ized counseling may be for you. WeCAN's Human Service Office is proud to provide thc very best in family and individual confidential counseling through the trained professionals from Pyramid Mental Health Center and RELATE Counseling Center. For more information, or to schedule an appointment, please call Pyramid at 546-1866 or RELATE at 932-7277. · Jeded POlO,{oolfl uo I~lUPd ~ Nh [l~[ 'ON i!tmOd 01¥d 30VlSOcl Sfl · ilK) l§md-UON 1,9~;g~; NBI 'punol~l PaU^°ln°lt P°°Mu'('l 009~ :~Jo~vtlaN UO!I3'V' ,(l.mntmuoD u-4uolsoM WeCAN's new President Tom Gamble (fight) talks with Congressman-elect Rod Grams at WeCAN's Nov. 17th dinner. Personal Profile Tom Gamble is new President Tom Gamble was elected WeCAN's President by the 2 l- member WeCAN Board in early November. As President, Tom will be overseeing the operations of WeCAN for the next year and leading the Board in planning for the future and setting policies. Tom became involved with WeCAN several yea~ ago. He volunteered his experieac= as a writer and public relations e.xport to help WeCAN reach out to the community to make the public more aware of the programs and services WeCAN offers. He also volunteers in helping raise funds for WeCAN so that we can continue to respond to the community'S needs. Tom lives in MinncIl~sta with his wife, Jenny, and their two daughters, 13-year-old Bronwyn and Il-year old Kelly. The Gamble family owns two cats, Maeonia and Kea, who spend a lot of time sleeping and birdwalching. Tom owns a n~rketing consulting firm, Gamble Comm~cafions. He i~ also working on his Master's in Adult Education Training and Development from the University of Minnesota. He enjoys camping, canoeing and tennis. All 100% of contributions to WeCAN stays in the community. WeCAN provides a variety of progzaxm which increase the self-sufficiency of Iow-income families in our area. WeCAN serves the communities of Greenfield, Independence, Loretto, Maple Plain, Minnetonka Beach, Minnetrista, Mound, Rockford, Spring Park, St. Bonifacins, Tonka Bay and western Orono. The chart shows the percentages spent on each of WeCAN's programs. Recently Charles Bailly & Company conducted an independent audit of WeCAN's finances. Copies of this audit are available upon request. How your tax-deductible donation improves our community [i WeCANil :EXPENSE$~[ Financial Counseling 2% Emergency Assist. WeCAN REVENUES l Program service fees 15% Food and Nutrition Meals on Wheels ?.5% SuODor ting Services 8% Housing Human service office 4% 13% WeCAN funding sources diverse and stable...thanks to your help Grants Block grants 22% ...... ~,.~~,4 Con tribu ti C n S t] Other Income Mem0ersni¢ dues Hennecin County ~% ~3% In[eres[ Income 1% Emergency Ass'L reimbumemen~ WeCAN receives financial support from many sources. Local contributions from individuals, businesses and community groups are an integral part of WeCA.N's support. This year community contributions helped leverage a $10,000 challenge grant from the McK. rdght Foundation. The chart shows thc percentages of revenues from each source, In the new year of 1993, WeCAN's start-up support from the McKnight Foundation comes to an end. Mom th~n ever we axe counting on your support so together we can build a better community. Public suppor: Wes: Hennepin Human TOTAL Com~uni~! Developmen= Hev, nepin County Concrac:s TOTAL 0Char revenue Program saw/ice ~ees Hembership dues U:i!i~! loan repay~en:s Inceres: income O:he: income TOTAL 0%~LEX KL'VE.~ TOTAL PU~LZC STPPOET. Progra~ sa~ices ~mergency assls:ance Financial counseling Food and Nu:ri:ion Housing HeaLs-on-uheels TL~e share TOTAL PROCP. AH Suppo::i~ se~ices Hanagemen: and ~eneraL TOTAL 26,180 ,7~,9~ L.7~5 /.,43 1,088 2,593 5.862 27,075 ~00,702 Xas::ic:e~ ~99~ Plan~ Ope:a:ing ~L~n~ Toca~ $17.229 $ iS.L56 $17,229 30,000 Ze,lSO 30,000 8,992 6,75~ 8,992 ------ ___ 15,~00 L5,085 L8,616 l$,085 855 1.7~5 855 I20 ~.Y~3 120 93.6~0 a3.2!8 75,111 ~5,879 ~3,218 2,593 . 5,862 . a,692 . z7,oTs l~,STe 100,702 75,111 ~ 2 ~a~ $ 327 9 See noces co ~tnanc£al scacemencs. -3- 2 .a71 77 58~ ¢7¢ WeCAN BUDGET FOR FISCAL YEAR JUNE '92 thru REV]ENLrES: Budgeted Item' Amount: Foundation Grants 20,000.00 County Contract 24,000.00 Ass'~.Reimbursements 26,000.00 B~ock Grants 18,000.00 Meals Program Income 18,000.00 Other Program Income 26.00 Donations 25,000.00 Loan Repayments 1,00Z.00 Memberships 2,330.00 Fundraising Events 1,068.00 Interest 1,000.00 Miscellaneous 1.574.00 TOTAL REVENUES: $138,000.00 EXPENSES' Budgeted Item' Amount' Salaries 36,110.00 Health Insurance 3,600.00 Employer's FICA 3,038.00 Unemployment Comp. ?77.00 Workers Comp. 661.00 Staff mileage 900.00 Office Rent 3,825.00 Office Phone 2.100.00 Equipment & Repair 3,900.00 Depreciation 1,025.00 Printing Z,000.00 PubLicity/Outreach 6,000.00 Mailing 3,600.00 Supplies 3.000.00 Training 2,000.00 Accounting 3,000.00 Audi~ 3,550.00 Fundraising Events 1,000.00 insurance 250.00 Direct Ass't.to Clients 51,000.00 Con%tact Fees 5,200.00 Miscellaneous ~6~.00 TOTAL E~PENSEM: $137,000.00 board MAY '93 revise~ 2/93 C: f~ o ,I ,I ~ ~ 'o . ~, · ~,."~ · I ti o o Ln 'o . ~d o o .I m 0 m o ~d m o ~O O m m O U4 O Oc~ ,I m O r- 0 r- (4 0 0 0 ~ o I" fll r- It} m ,~, 0 I- o m ,I "'~, m mil · '~" r- ~,,-I ~c iii m ,I ,I U) C~ I71 ' (~. ri' ,I t-- I-- I-- I-- I' I-- I-- I ! I c-Pao ce 9 '~993 TO: THE CITY OF ST. MOUND MOUND, MINNESOTA YEAR END REPORT FOR WESTONKA INTERVENTION FOR PERIOD MARCH 1992 - FEBRUARY 1993 VICTIM STATISTICS: Married with children Married without children Single with children Single without children Oth'~r relationships General assistance SUBTOTAL REPEAT DOMESTICS 17 6 15 6 2 18 64 27 GRAND TOTAL 91 Although 91 victims have been helped through Westonka Intervention, it must be remembered when reviewing these statistics that ongoing supl~ort is a very necessary part of the prg~qam and advocates may work with victims for several months. W~th this support, our clients are able to change their situation and start to live healthier lives. Working closely with localpolice departments, Westonka Intervention serves the communities of Mound, Minnetrista, St. Bonifacius, Orono, Long Lake and Spring Park - approximately twenty thousand people. This community base~l nonprofit organization has been in existence since Novembe~of 1985. Iihas a bbard of thirteen members and seventeen volunteers. The board members are as follows: 472-2141 · PO BOX 34 · MOUND, MINNESOTA 55364 Crai~ Anderson St. Boni - Minnetrista Police Dept. Minnetrista, MN 55364 Rob Meuwissen St. Boni - Minnetrista Police Dept. Minnetrista, MN 55364 Rhonda Eurieh St. Bonifacius, MN 55375 Patti Guttorumson Spring Park, MN 55384 Len Harreli Mound Police Dept. Mound, MN 553{~4 John McKinley Mound Police 'Dept. Mound, MN 553§4 Dan Hessburg Minnetrista, MN 55364 Jay Petersen Mound, MN 55364 Rosemarie Snyder Minnetrista, ~N 55364 Connie Stahlbusch Mound, MN 55364 Rev. Michael Tegeder Mound, MN 553~64 Barb Thomford Mound, MN 55364 Joan Underwood Spring Park, MN 55384 This request for CDBG Block Grant of $5700.00 is made so that Westonka Intervention can . continue serving the Westonka area. Problem Statement Violence is a fact of llfe in Minnesota and violent crimes are on the increase. The State Dep. artment of Corrections estimates that 65,000 domestic assaults occur in Minnesota annually. No community is Il I I exempt from violent crimes, but prevention/intervention prog~ams that e~xist, with~ a com. m_q.ni_ty according to the League of Women Voter s ~tnay on ~.ome. st,.c ,V.,o!,dnc,e, april]1990_, "Appears to be ideal venues or responmng to ]noiviaua~s who have been violent or at risk for violent behawor" Due to the d ' · . _ · emographics of the area, surrounded by lakes, the area is not easily accessible. This makes it difficult for county funded programs to service the area. Child protection workers, and the two closest shelters were not adequately serkicingthe area because of the long distance to travel. In fact, the West-Hennepin Human Services PlanningBoard found that the area is in dire need of ~OnC. ial ser..vices iqclu.ding the area of domestic violence. Westonka ntervennon, a local community based program, was created as a response to this need. Program Objective The ~ ectives )bi of the program are to increase the communities awareness of the problems of domestic violence, to provide victims with access to support, and decrease numbers of repeated domestic violence. People are often not aware that domestic violence is an ongoing cycle that ~ keep reo.ccurring until there is an intervention. Once they unaerstanct that there is a way to arrest the problem or reduce the incidences, they will ask for help either for tliemselves or others. Batterers need specific treatment for their abusive beh ' ,, . . ,., ..... , . . avior. Abusive oenawor ]s tree alcohohsm, according to Chuck Sw]tzer (a former _batterer) .w, ho's wife M'Liss is the autlior of CALLED TO'ACCOUNT. He says, It gets progressively worse. The beatings get more intense and t~ey occur more often" Victims of domestic violence develop a very low self-esteem and begin to think there is no way out of the abusive situation. With support and encouragement, they are able to begin better lives for themselves. The most dangerous calls for police are domestics. Domestics can lead to murder anffsuicides. "If an abuser doesn't get treatment, sooner or ,t,e.r h,e/.she, ends,~u~ perma~n, ent. ly~maiming a person, killing someone, or mug m_ m/ _nersen, says t~nucit ~witzer. Re/luced calls to a residence essens the danger for police. Advocates aid our police by taking over where the police are unable. It is difficult for a police officer to drive a vic. t. im to ,a she_lter or hospital, and to tell the victims of his/her legal opnons when they are on call and are short of time. METHODS When the police departments make an arrest in a domestic assault call, the police dispatch calls the primary volunteer crisis advocate on a beeper. The primary advocate contacts his or her partner and they then go to the home of the victim to offer support, safety, and legal .o~ptions. The advocate is trained to provide lk~y_ information and assist the victim through the process of prosecution. The advocate gives continued support whether an Order of Protection is obtained or not. Whenever possible, the assailant is also informed of the consequences he or she now faces and the treatment programs available to help them to change their behavior. Instruction when receiving a call from the police departments are specific: i~eekdays between the hours of 5:00 p.m. and 8:00 a.m. On weekends om Friday at 5:00 p.m. through Monday morning at 8:00 a.m.) 1. Officer makes an arrest based on probable cause. 2. Officer calls beeper number. 3. Advocate calls officer after beeper goes off. 4. Police identifies himself/herself and briefly describes the situation giving the name, address, and telephone number of the victim. If no arrest has been made, or if there is substance abuse, advocates will arrange for a more appropriate meeting time and place. The crisis tel,eaphone ~s available bet'w'ee~i the weekda~Y hours of 8:00 a.m. through 5:0vp.m. The police chiefs have committed their departments to this intervention process. The police response qncludes: clear departmental guidelines on arresting when probably cause exists; contacting Westonka Intervention when an arrest is made; referring victims to the project even if an arrest has not been made. Westonka Intervention arranges child care and transportation whenever necessary in order to maximize the accessibility of court services for victims'. The project will escort victims and 'offenders to support groups. Arrangements and transportation to shelter, hospital an~l-housmg ns also provided. ¥o]unteers contribute their time to Westonka Intervention in other ways besides being crisis advocates. A volunteer manages the crisis hot'line daily from 8:00 a.m. to 5:00 p.m. Trained volunteers speak to local groups and organizations. A volunteer coordinates the monthly advocaV te s-chedule ghaking sure the schedule flows smoothly and victim record sheets are being sent in. This volunteer keeps close contact with each advocates offeriKg help where needed. Conclusion Since 1984, Westonka Intervention has assisted 640 victims of domestic violence. This has been possible due to many volunteers and the continued support of the'cities Westonka Infervention serves. This commitment not to accept violence as a fact of life in our communities, but to help men, women'and children to lead more productive lives has allowed Westonka Intervention to continue to serve our community members for the past seven years. LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Telephone 472-0621 Mound, MN 55364 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 March 15, 1993 Ms. Valerie Hessberg Westonka Intervention Project P.O. Box 34 Mound, MN 55364 Dear Ms. Hessberg: I am writing to you on behalf of the Mound Police Department, in support of the Westonka Intervention Project. The police department has had a very positive working relationship with your organization for the eight years I have been Chief of Police. Officers appreciate that your .advocates can be called upon to assist victims of domestic abuse and provide additional one-to- one support for individuals in crisis. Many times the officers do not have the time needed to adequately comfort and provide answers to all of the victim's concerns after a domestic incident. The Westonka Intervention Project fills that void and allows officers to return to their other duties. Thank 'you to your staff and volunteers for all your good work. S i ,ncere~/,~, /~ en Harril~l _~'j/~' Chief of Police~ LH/sh q DOMESTIC ABUSE MODEL ARREST POLICY COORDINATING COMMITTEE DATE: February 11, 1993 TO: Chief Law Enforcement Officers FROM: Domestic Abuse Model Arrest Policy Coordinating Committee RE: MODEL ARREST POLICY Enclosed please find your copy of the Domestic Ab¥~e Mode Arrest Policy. This model was developed as required by the 1992 Anti-Violence Act, Laws of Minnesota, Chapter 571, Article 6 Section 22. This Act requires that each law enforcement agency shall develop, adopt, and implement a written po/icy regarding arrest procedures for domestic abuse incidents. In the development of a policy, each law enforcement agency shall consult with domestic abuse advocates, community organizations, and other law enforcement agencies with expertise in the recognition and handling of domestic abuse incidents. The po/icy shall discourage dual arrests, include consideration of whether one of the parties acted in self defense, and provide guidance to officers concerning instances in which officers should remain at the scene of a domestic abuse incident until the likelihood of further imminent violence has been eliminated. In addition, the law requires that the Bureau of Criminal Apprehension, the Board of Peace Officer Standards and Training and the Battered Women's Advisory Council appointed by the Commissioner of Corrections under section 611A.34, in consultation with the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, and the Minnesota Police and Peace Officers Association, shall develop a written model policy regarding arrest procedures for domestic abuse incidents for use by local law enforcement agencies (emphasis added). Each law enforcement agency may adopt the model policy in lieu of developing its own under the provisions of paragraph (a) (above). The legislatively mandated organizations have worked closely since early June in the development of the model. The enclosed document has three sections. The first is an introductory section which fully describes the requirements of and guidelines for each law enforcement agency in developing and implementing its domestic abuse policy. It also details the involvement of the mandated groups in the development of the policy, and acknowledges the assistance of many state and local organizations in this process. The second section is the model policy. This model may be used in its entirety, or it may be adapted to an agency's specific needs. Law enforcement administrators may find that I II I there are elements of this model which do not meet the agencies needs because they are too restrictive or not restrictive enough. The Domestic Abuse Model Arrest Policy Coordinating Committee recognizes that this model will not be perfect for every law enforcement agency in Minnesota. Therefore, you are strongly encouraged to go over this model in detail and use it as a guide in developing your own policy. You are also strongly encouraged to discuss the elements of your domestic abuse arrest policy with your city or county attorney before implementation. As required by law, you must also work with your local domestic abuse advocates in developing and implementing this policy. The third section of the enclosed document was developed by the Minnesota Coalition for Battered Women and is a resource for officers and administrators in understanding and responding to domestic abuse. Should you have any comments or suggestions regarding this model, please complete the form at the end of the document. SENIOR COMMUNITY SERVICES 10709 Wayzata Boulevard, Suite 111, Minnetonka, MN 55305 541-1019 FAX 541-0841 BOARD of DIRECTORS Tom Tlcen President Daralyn Pelfer 1st Vice President Marly Guritz 2nd Vice President Bob Zagaros Secretary Ryan Schroeder Treasurer Waller Levesque Past President Bob Miller Member-at-Large Carla Pavone Member-at-Large Lucllle Crow Karl Dansky Robert DeGhetto Jim Fisher Alison Fuhr Tad Jude Leonard Kopp John Nelson Senator Gen Olson William G. Weiler John Young Benjamin F. Withhart Executive Director & C.E.O. A United Way Supported Agency February 17, 1993 ItEC'D FEB 8 1993 Mayor Ferner (Skip) Johnson and Council City of Mound 5341 Maywood Road Mound, MN 55364 Dear Mayor Johnson and Council Members: Senior Community Services is requesting $22,428 for the 1993-94 fiscal year from the City of Mound's share of Community Development Block Grant (CDBG) Year XVIX (July 1, 1993 - June 30, 1994) funds to support the Westonka senior programs and services. This amount reflects a 4% cost-of-living increase over the funds provided by the City for the current fiscal year ($21,565). Senior programs and services include the operation of the WeStonka Senior Center, coordination and operation of the Westonka Rides transportation program, and outreach and case management to frail elderly individuals in the community needing assistance. Senior Community Services strives, in all its programs, to help people maintain their independence in their respective communities for as long as possible. If there are any questions, or you would like to have our staff discuss any of our services, please let me know. On behalf of the many elderly who benefit, thank you for your suppcrt cf the programs. We look forward to continuing cooperation between the City of Mound and Senior Community Services. Sincerely, Benjamin F. Withhart Executive Director cc: Ed Shukle Jr., City Manager I I I CITY of MOUND .;].4' MA', WOOD MOd%2 MiN%ESOTA 6:2,472 063g FAX ,6~2 472 ~625 March 10, 1993 Mr. Doug Heinsch 7307 Rolling Hills Road Hamel, MN 55340 SUBJECT: 5125 DRUMMOND ROAD, MOUND VARIANCE REQUEST BY DUANE BEIMERT Dear Mr. Heinsch: Your tenants at the subject address have applied for a variance to construct an addition onto the above mentioned property as described in the enclosed packet. The Mound City Council has required that your approval be obtained before they act upon this request. Please discuss this issue with Mr. and Mrs. Beimert and respond in writing as to weather you approve of this request. If you hav~~q~stions, Jon Su-'Tq%e~land Building Official please co0tact me. JS:pj Enclosures printed on recycled p,?per NINUTES - NOUND CITY COUNCIL - N~RCH 9, 1993 1.2 CASE #93-002; pUANE BP. INERT, 5125 DRUNNOND ROAD, LOTS .BLOC. II 14, RItIPPLB, PID If25-117-24 12 V~RI~NCB The Building Official explained the request. Commission recommended approval on a 5 to 1 vote. The Planning Councilmember Smith asked if the owner of the property should have signed the request for a variance. The City Attorney stated that the owner should have also signed the application for a variance. NOTION made by Smith, seconded by Ahrens to table this item until the Narch 23rd Neetinq to provide the o~ner time to siqn the application for a variance. The Staff to provide the o~ner of the property vith the material from the packet. The vote vas unanimously in favor. Notion carried. RESOLUTION #93- RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING DWELLING TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION AT 5125 DRUMMOND ROAD, LOTS 7 & 8, BLOCK 14, WHIPPLE, PID #25-117-24 12 0113, P&Z CASE NUMBER 93-002 WHEREAS, The applicant, Duane Beimert, has applied for a variance to recognize an existing nonconforming 7.9' front yard setback to the existing principal structure to allow construction of a conforming addition, and to allow replacement of approximately 3/4 of the existing foundation, and WHEREAS, The subject property is located within the R-2 Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for "Lots of record," and a 15 foot rear yard setback, and and WHEREAS, The size of the existing dwelling is less than 840 square feet, WHEREAS, All other setbacks and lot area are conforming, and WHEREAS, The Planning Commission has reviewed the request and recommended approval of the variance with the following Finding of Fact: The addition will increase the size of the substandard home, the addition meets all require setbacks, and there is practical difficulty. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve a variance of 12.1 feet recognizing the existing nonconforming 7.9 foot front yard setback to allow construction of a conforming 22' x 28' addition and foundation replacement and repairs as necessary. 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. ~ ! I II I Proposed Resolution Page 2 Case #93-002 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 22' x 28' addition consisting of a tuckunder garage with living space above and replacement or repairs to the foundation on the existing structure. This variance is granted for the following legally described property: Lots 7 and 8, Block 14, Whipple. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. I I I SURVEY FOR: PROIrE$SIONAL LAND SURVEYORS AND LAND DEVIrLOCU~ENT CONSULTANTS (612) 4~1-9126 DESCRIPTION: Lot 4 and the East Half of Lot 5, Block 1, THE HIGHLANDS, City of Mound, Hennepin County, Minnesota. according to the recorded plat thereof. RECEIVED HAR 2 3 1993 o Denotes Iron Monuments .NOTE: This property is subject to any and all easements of record. ,/ MOUND PLANNING & INSP. ,l i ! I I PROPOSED RESOLUTION #93- RESOLUTION TO APPROVE A VARIANCE EXTENSION TO RESOLUTION #92-32 FOR LOT 6, BLOCK 11, BETON, PID #19-117-23 21 0028 4608 KILDARE ROAD WHEREAS, on March 24, 1992 the City Council approved Resolution $92-32 entitled "Resolution to Approve a Variance for Lot 6, Block 11, Seton, PID $19-117-23 21 0028, 4608 Kildare Road, P&Z Case Number 91-055," and WHEREAS, the owner and applicant, Bill Voss, has applied for a variance extension to Resolution #92-32, and WHEREAS, the applicant was unable to start construction of the subject project until his existing home is sold, and WHEREAS, the Planning Commission has reviewed this request and unanimously recommended approval as the application is unchanged. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve a one year variance extension to Resolution #92-32. This variance is granted for the following legally described property: Lot 6, Block 11, Seton, pid #19-117-23 21 0028. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the city Clerk. M]NLrfES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MARCH $, 1993 CAB" tgZ-00S~ ~08 ~Z~r,D;~ RO~ ~.O? 6 B~,OOK ZZ 81~.TON PZD 19-3.17-23 21 0028. VARZ~CB EXTENSTON. Building Official, Jon Sutherland, explained to the Commission that the applicant,s house has not sold yet, and therefore, has not been able to begin construction of the proposed house for which a variance was granted. Staff recommended that an extension be granted. The Planning Commission confirmed with the applicant that no changes have been made from the original plan. MOTION made by Weiland, seconded by Michael to recommend that the variance extension be granted. Motion carried unanimously. This request will be heard by the City Council on March 23, 1993. a i i M E biO R A N D U M DATE: TO: FRObI: SUBJECT: February 13, 1993 Jon Sutherland Bill Voss Variance P & Z Case Number 91-055 City Council' Resolution #92-32 RECEIVED FEB ! 6 ~993 MOUND P~qNING & INSP. I am requesting an extension of the variance approval granted by the Mound City Council on March 24, 1992. The reason for the request is because my current home has not been sold yet and I am unable to start the building project until the sale is finalized. I am confident the house will sell shortly and I will be able to start construction on the new residence in 1993. Thank you for your assistance concerning this matter. /O60 44 March 24, 1992 RESOLUTION #92-32 RESOLUTION TO APPROVE A VARIANCE FOR LOT 6, BLOCK 11, SETON, PID %19-117-23 21 0028 4608 KILDARE ROAD P&Z CASE NUMBER 91-055 WHEREAS, the applicant has applied for the following variances: 726 square foot lot area, 10 foot front yard setback, 9 foot rear yard setback, and 15 foot frontage on an improved public street, and; WHEREAS, the applicant is proposing to construct a single family dwelling with an attached garage, and; WHEREAS, the subject property is located within the R-2 Single Family Residential Zoning District which according to City Code requires a lot area of 6,000 square feet, a 20 foot front yard setback, 6 foot side yard setbacks for "Lots of record," and a 15 foot rear yard setback, and; WHEREAS, the proposed dwelling will meet the required 50 foot setback from the Ordinary High Water Elevation, and; WHEREAS, there is an unimproved platted right-of-way, Black Lake Lane, between the subject property and the shoreline to Lake Minnetonka, and Kildare Road is not improved in its entirety extending to the lake, therefore the subject property is surrounded by undevelopable open space, and; WHEREAS, The Planning Commission has reviewed the request and unanimously recommended approval with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve a 726 square foot lot area variance, a 10 foot front yard setback variance to the required 20 foot setback, a 9 foot rear yard setback variance to the required 15 foot setback, and a 15 foot street frontage variance to the required 40 feet of frontage on an improved street, to allow construction of a single family dwelling at 4608 Kildare Road, upon the following conditions: ae That portion of Kildare Road used as a driveway to serve Lot 6 should be improved to a minimum 5 ton design by installing a 6" gravel base and 3" bituminous mat. Curb and gutter would not be required and the width could be held to 15 feet. 45 be 45 March 24, 1992 The deficient street assessment in the amount of one unit charge at $1,170.90 must be paid at time of Building Permit issuance. The charge of $318 for 40 L.F. is to be waived. Ce do The sanitary sewer service from Lot 5 be relocated across Lot 6 with a new connection to the main in Kildare Road. This would allow the proposed home to use the existing service originally intended for Lot 6. Private easements running to Lot 5 be granted to cover both sewer and water services crossing Lot 6. These easements should be made of record and copies furnished to the City of Mound. 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 single family dwelling with an attached garage per the attached Exhibit 'A'. This variance is granted for the following legally described property: Lot 6, Block 11, Seton, PID #19-117-23 21 0028. 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. 0 The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Ahrens and seconded by Councilmember Smith. The following voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. EI~IBIT tat RESOLUTION ~92-32 4? 37 March 24, 1992 MINUTES - MOUND CITY COUNCIL - MARCH 24, 1992 1.2 CASE NO. 91-055: FARIANCE REOUEBT FOR WILLIAM VOSSm 4608 ~ILDARE LANEm LOT 6~ BLOCK 11~ SETON~ PID J19-117-23 21 0028 The City Planner explained the request. The Planning Commission recommended approval with the following conditions: ae That portion of Kildare Road used as a driveway to serve Lot 6 should be improved to a minimum 5 ton design by installing a 6" gravel base and 3" bituminous mat. Curb and gutter would not be required and the width could be held to 15 feet. be The deficient street assessment in the amount of one unit charge at $1,170.90 must be paid at time of Building Permit issuance. The charge of $318 for 40 L.F is to be waived. ' The sanitary sewer service from Lot 5 be relocated across Lot 6 with a new connection to the main in Kildare Road. This would allow the proposed home to use the existing service originally intended for LOt 6. de Private easements running to LOt 5 be granted to cover both sewer and water services crossing Lot 6. These easements should be made of record and copies furnished to the City of Mound. The Council discussed the private easements. The applicant, Bill Voss, was present and stated that he and the owner of Lot 5 have worked out the private easement situation. The Council asked that the 6th Whereas be deleted from the resolution. The following will be deleted, "WHEREAS, At the time the applicant purchased the subject property it was assumed that this property had 6,000 square feet in lot area". Ahrens moved and Smith seconded the following resolution: RESOLUTION #92-32 RESOLUTION TO APPROVE A VARIANCE FOR LOT 6, BLOCK 11, BETON, PID #19-117-23 21 0028 4608 KILDARE ROAD, P&Z CASE NUMBER 91-055 The vote was unanimously in favor. Motion carried. lood Z ,; I ! I I PROPOSED RESOLUTION #93- RESOLUTION TO APPROVE A VARIANCE FOR LOT 4, & 1/2 OF LOT 5, BLOCK 1, THE HIGHLANDS, PID #23-117-24 42 0014, 5860 IDLEWOOD ROAD P&~ CASE NUMBER 93-004 WHEREAS, the applicant, David Carlson, has applied for a variance to recognize a nonconforming front yard setback of 27.5 feet to the principal structure and an existing nonconforming side yard setback of 2 feet to the detached garage to allow demolition of a nonconforming portion of the principal structure, foundation repairs, and the construction of a 12' x 12' addition, and WHEREAS, the existing dwelling is 17' from the front property line, 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 Building Official conducted a site inspection of the property on June 26, 1992 and recorded many structural problems with the dwelling, and WHEREAS, applicant proposes to remove a 10'6" x 20'4" portion of the dwelling that encroaches into the required front setback and has been determined to have serious structural problems, and also repair the existing foundation, and WHEREAS, the proposed 12' x 12' one story addition will meet all required setbacks, and WHEREAS, The Planning Commission has reviewed the request and recommended approval with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Mound, Minnesota, as follows: 1. The City does hereby approve a ~ foot front yard setback variance to the principal structure and recognizes a 2 foot side yard setback variance to the detached garage to allow removal of the dilapidated front portion of the dwelling measuring 10'6" x 20'4" as shown on Phase I of the applicant's plans, interior alterations, foundation repairs, and construction of a 12' x 12' conforming addition, upon the following conditions: PROPOSED RESOLUTION CASE #93-004 PAGE 2 ae Complete all items listed on Inspection Report dated June 26, 1992 to the satisfaction of the Building Official. Be No occupancy be allowed prior to the completion of the project at the discretion of the Building Official. Completion shall include, but not be limited to, the removal of the front dilapidated portion of the house (10'6" x 20'4"), the replacement of the foundation at the south, east, and west walls of the structure, and construction of the new 12' x 12' addition. Ce A new survey be submitted showing the actual setbacks and a drainage plan prior to building permit issuance. 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: Demolition of a 10'6" x 20'4" portion of the existing dwelling. Replace and repair existing foundation at east, west, and south walls. 3. Construction of a 12' x 12' one story addition. 4. Miscellaneous interior remodel. This variance is granted for the following legally described property: Lot 4 and the Easterly 1/2 of Lot 5, Block 1, The Highlands. 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. PROPOSED RESOLUTION PAGE 3 CASE #93-004 0 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. MINTJI'ES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MARCH 8, 1993 CASE A~93-004; DAVID CARLSON, 5860 1DLEWOOD ROAD. LOT 4 & E 1/~ OF ~OT 5, BLOCK 1, THB HIGHLANDB, PID t25-117-24 42 0014~, VARIA~qCg~ Building Official, Jon Sutherland, reviewed the applicant's request for a variance to allow construction of a conforming 12' x 12' addition. Part of the applicant's plan is to remove the dilapidated front portion of the dwelling and do some interior alterations. With removal of the dilapidated front portion of the home, the front yard setback encroachment will be reduced by 10.5 feet resulting in a variance request of 2.5 feet to the required 30 foot front yard setback. Recognition of the existing nonconforming garage setback of 2 feet is also required. Sutherland referred to a letter written by him on December 2, 1992 relating to the conditions of the structure and his inspection notice dated June 26, 1992. Sutherland noted the proposed resolution for Case 292-036 which was withdrawn. Staff recommended that the Planning Commission recommend approval of the variance request to allow construction of a 12' x 12' conforming addition onto the west side of the existing nonconforming dwelling, and allow the interior improvements and alterations as shown on the plans submitted by the applicant, upon the condition that the dilapidated nonconforming portion of the dwelling as shown on the applicant's site plan as Phase ! be removed prior to any construction activity on the proposed addition and a Certificate of Occupancy be required prior to any occupancy. Michael was concerned about the condition of the entire structure. It was noted that the finished structure will be less than the required 840 square feet for a structure. The Building Official confirmed that the minimum building size applies only to new construction. The basement ceiling height was addressed and the applicant stated that he plans to replace the duct work in the basement with smaller ducts which will allow for a 7'3" ceiling height. The applicant stated that he plans to replace three sides of the foundation on the southern half of the structure. Mueller commented that he would like to require an updated survey showing a drainage plan. The Building Official noted that there is a history of water problems in the basement as mold is evident. The Building Official suggested that the items noted in his inspection notice dated June 26, 1992 could be required to be addressed as part of the variance approval. Michael questioned the applicant if the improvements will exceed 50 percent of the value of the existing house, and the applicant replied, "probably, yes." Michael commented that he would like to see some assurance that the corrections will be done. MOTION made b~ Muallor, seconded by Clapsaddle to recommend approval of the variance to allow removal of the dilapidated front portion of the structure as shown on Phase I of the applicant's plans, interior alterations, foundation repairs, and construction of · 12' m 12' conforming addition, upon the following conditions: 1. Complete all items listed on Inspection Report dated June 26, 1992 to the satisfaction of the Building Official. No occupancy be allowed prior to tho completion of the project at the discretion of the Building Official. Completion shall include, but not be limited to, the removal of the front dilapidated portion of the house, the replacement of the foundation at the south, east, and west walls of the structure, and construction of the new 12' m 12' addition. A new survey be submitted showing the actual setbacks and a drainage plan prior to building permit issuance. MOTION carried 7 to 2. Those in favor were: Meyer, Michael, Clapsaddle, Nahum, Johnsom, Mueller, and Jansen. Voss and Wail·nd opposed. Voss commented that he his not favor of the request because the structure is too small and he does not feel this proposal is a solution to the problem. Welland agreed. This case will be heard by the City Council on March 23, 1993. CI'-F of , :IOUNI) STAFF REPORT DATE: Planning Commission Agenda of March 8, 1993 TO: Planning Commission, Applicant and Staff FROM; Jon Sutherland, Building Official ~ ~_~ SUBJECT: Variance Request APPLICANT: David Carlson CASE NO. 93-004 LOCATION. 5860 Idlewood Road, Lot 4 & E. 1/2 of Lot 5, Block 1, The Highlands, PID//23-117-24 42 0014 ZONING: R-1 Single Family Residential BACKGROUND The applicant is seeking variance approval to allow construction of a conforming 12' x 12' addition onto the west side of the existing nonconforming dwelling. As part of his plan, the applicant intends to remove the dilapidated front portion of the dwelling and do some interior alterations as noted on the floor plans. With the removal of the dilapidated front portion of the home, as shown on the site plan as Phase I, the front yard encroachment will be reduced by 10.5 feet, this results in a variance of 2.5 feet to the required 30 foot front yard setback. Recognition of the existing nonconforming garage setback of 2 feet is also required (note Resolution //81-271). COMMENTS I have included in this report the most recent activity related to this property. A stop work order was issued on November 30, 1992, note my letter to Paul Scherber dated December 2, 1992 (required fees have not been paid to-date). Case//92-036 was withdrawn at the City Council level, please note the Proposed Resolution in this packet. Staff Report 5860 Idlewood Road Page 2 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the variance request to allow construction of a 12' x 12' conforming addition onto the west side of the existing nonconforming dwelling, and allow the interior improvements and alterations as shown on the plans submitted by the applicant, upon the condition that the dilapidated nonconforming portion of the dwelling as shown on the applicant's site plan as Phase I be removed prior to any construction activity on the proposed addition. NOTE This case will be heard by the Planning Commission on , and by the City Council on JS:pj II revised 4/2/92 kl!. FEB 81993 CITY OF MOUND 5341 Ma~ood Road, Mound, Phone: 47~-0600, Fax: Planning Commission Date: City Council Date: Site Visit Scheduled: Application Fee: $50.00 Case No Zoning Sheet Completed: Copy to City Planner: Copy to Public Works: Copy to City Engineer: · el ee®ee®eeeeeeeeeeee~eee·eeeee Address of Subject Property Owner's Name O~c/,' ,~ ~0~d Owner's Address_~O a 7 ~Applicant,s Name (if other than owner) Address LEGAL DESCRIPTION: Day Phone Lot. ~ 6~ ~ ~-~g~ ~j ,~ ~o7-_5; Block Addition ~ ~~_~ PID No. Zoning District ~--I Use of Property: Has .an application ever been made for zoning, variance, conditio permit_, or other zoning procedure for this nronert,,9 ~ ..... ual use ~es, list date s . . . ~ r ~. ~, ~ no. If .. ( ) of applzcatlon, action taken, resolu~t'on number(s) and provzQe copies of resolutions· of stories, type of use, etc. I0" "x '<1' ): IZ. ,,( ,I ~, ' I0 -, Detailed descripton of proposed construction or alteration (size, number revised 4/2/92 Variance Application Page 2 Case 2. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (), No ~0. If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.) SETBACKS: required Front Yard: ( N S E W ) .b/ ft. Rear Yard: ( N S E W ) ft. Lake Front: ( N S~ !~ ft. Side Yard: ( N S , ~ ' ft. Side Yard: ( N S E W ft. Lot Size: sq ft Street Frontage ft. requested VARIANCE (or existing) ~Ff~ /~-,~,~ ~ of ft. ft. ft. ft. ~. ' ft. _~ ' ft. ft. ft. sq ft sq ft ft. ft. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (~, No ( ). If no, specify eachnon-conforminguse: Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) too small ( ) too shallow ( ) topography ( ) drainage ( ) shape ( ) soil I~)existing other: specify Please describe: Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~. If yes, explain revised 4/2/92 Variance Application Page 3 Case No. 9~-004 Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes'~, No (). If no, list some other properties which are similarly affected? 8. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Appli cant'sSi gna tu~~/~~ '0 II:)11 LE.~AL. ~c_~RI PT~oT4 Lo,r- 4- ~ Ti~F_. E. AST~I~u/ TH6, Pt~HL^Np~ / '0 F~,_,~'5.::'. DL~.bi - Al)r): TIo~ & i I CITY of MOUND December 2, 1992 Mr. Paul Scherber PROPERTIES GROUP 356 Dexter Drive Long Lake, MN 55356 SUBJECT: STOP WORK ORDER AT 5860 IDLEWOOD ROAD, MOUND Dear Mr. Scherber: On November 30, 1992, I conducted a site inspection at the subject address in response to a complaint that work was being done without permits. At this site inspection it was apparent that work was being done to the foundation which requires a building permit. The City of Mound had received previous complaints about the dilapidated condition of the property, and I had previously inspected this property on June 26, 1992 due to a building permit request from a Mr. Bo Hibbs who had attempted to apply for a building permit that was subsequently denied. The denial of the building permit was based at the time on apparent serious structural problems evident on the nonconforming portion of the building. After review with the City Planner, it was determined that the application of the Mound Zoning Code, Section 23.404 prohibited me from issuing a building permit without approval by the City Council. I have included a copy of my Inspection Notice dated June 26, 1992, this document details the many problems I have noted with this structure. After our phone conversation of November 30, 1992 I reinspected the subject property, and it appears to me that the following items have been completed recently without the required building permits in violation of the code and for which this stop work order is in effect. New plywood has been installed and painted on portions of the soffit and facia of the dilapidated nonconforming portion of the building. It appears improper materials have been used (Uniform Building Code (UBC) Section 2501 & 2516 (g) 3.). Mr. Paul Scherber 5860 Idlewood Road December 2, 1992 Page 2 The foundation on the east side has been covered with plywood and painted. It appears improper materials have been used (USC Section 2501 & 2516 (g) 3. & 2516 (g) 7.). The east side entryway roof had rotted to such an extent that it recently had fallen off. This roof has been partially reconstructed with unapproved materials and then haphazardly reattached to the building. It appears as if it is ready to fall off again (UBC Chapter 17, 23, and 25). The portion of the foundation that has collapsed has been covered with plywood, painted, and backfilled. Inspection of the inside of this area was not achievable as there was no one on site to allow further inspection of this work. The structure has been vacant for some time and is in such a dilapidated state that it is not suitable for habitation at this time, and as you are aware, I have posted a "Do Not Occupy" notice and a "Stop Work Order" on the building (UBC Chapter 200 and 300). You stated you will be applying for a building permit shortly. A complete listing of all work, both completed and proposed, is needed, and I will review your application with the City Planner when it is received. Please contact me or submit your permit application within ten (10) days o~p~his letter. ~~Resp tfully, ~ui~ lng Official JS:pj cc: Mark Koegler, City Planner OZ~ ZZZ~Z_~Z vO00~ · iAI~dV~ ONV HI~V3H ~VNO~d ~OA ~Od 9~V ~INg~I~Og~ 9000 Z~ August 25, 1992 MINUTES - MOUND CITY COUNCIL - AU(tUST 25~ 1992 1.1 CASE ~92-0361 WILLIAM8 HIBB8, $860 IDLBWOOD ROAD, LOT 4 & 1/2 OF LOT $, BLOCK I, THE HIOHLANDB. PID ]23-117-24 42 0014~ VARIANCE - REPAIR FOUNDATION, APPROVAL OF RESOLUTION OF DENIAt. OR LETTER OF NITHDRAWAL The Building Official stated that a letter of withdrawal has been received by the City. MOTION made by 8mith~ seconded by Jansen to accept the letter of withdrawal from the applicant in Case %92-036 and terminate the action. The vote was unanimously In favor. Motion carried. August 11, 1992 MINUTE8 - MOUND CITY COUNCIL - AUOUST ll~ 1992 1.2 CASE #92-036Z WILLIAMS RIBBS. 5860 ZDLRWOOD ROAD, LOT 4 & 1/~ OF LOT 5, BLOCK 1, THE NIOflLANDB, PZD #23-117-24 42 0014 VARIANCE - REPAIR FOUNDATION - APPROVAL OF RESOLUTION O.- ~ - Jim McKinnon, attorney representing William Hibbs, asked that this item be withdrawn from the agenda. Me stated Mr. Mlbbs does not own the property. The City Attorney suggested that this matter be continued for 2 weeks pending a letter from Mr. Mlbbs withdrawing his application. MOTION made by Ahrens, seconded by Jansen to continue this item for 2 weeks allowing the applicant to submit & letter withdrawing his application. The vote was unanimously in favor. Motion carried. MINUTES - MOUND CITY COUNCIL - JULY 281 1992 1.7 ~ WILLIAMS RIBES. $860 1/2 OF lOT $, BI, OCR 1. 117-24 42 0014, VARIANCE - REPAIR POUNDATZOi~- The City Planner explained the request, The Staff recommended denial of the variance to rebuild or substantially repair the existing home. The Building Official had reviewed the existing home and prepared a list of deficiencies. The Planning Co~tmlsslon recommended denial of the request based on the Building Official's report on the serious structural problems of the structure. MOTION made by Smith, seconded by Jessen to have staff prepare a resolution of denis1 and bt%ag it beck to the next ~eetin~, 4 G 2/2 s, 2, ~ID ~23-117-24 42 0014, 5860 ZD~gNOOD P~Z CASE NO. ER 92-036 OON IL WHEREAS, The applicant, William Hibbs, has applied for a variance to do major structural repairs to an existing nonconforming dwelling; and WHEREAS, The existing dwelling is 17' from the front property line resulting in a variance request of 13' and there is a detached garage 2 feet from the side property line which received a variance in 1981; 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, According to the Building Official, existing structure that encroaches into the required the portion of the setback has serious structural problems, the magnitude of the necessary repairs indicates that it may be more appropriate to remove the nonconforming portion of the structure and add additional space to the home in a conforming location; and WHEREAS, City Code Section 23.404 (7) states, "Normal maintenance of a building or other structure containing or related to a lawful non- conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non- conforming use" and WHEREAS, The Planning Commission has reviewed the request and unanimously recommended denial. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby deny the requested variance to allow major structural foundation repairs at 5860 Idlewood Road. This variance is denied for the following legally described property: Lot 4 and the Easterly 1/2 of Lot 5, Block 1, The Highlands. The City Council finds that there are encroachments into the required setback area and that the portion of the building which encroaches has serious structural problems and should be removed before any expansion of the use. The Planning Commission Minutes of July 13, 1992, the City Planner's written report of July 7, 1992, and the Building Official,s inspection report and memorandum of July 26, 1992 are hereby incorporated in and made a part of this resolution and are part of the City Council,s findings to substantiate denial of this variance. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JULY 13, 1992 CASE ~92-036~ WILLIAM HIBBS, 5860 IDLEWOOD ROAD, LOT 4 & 1/2 OF LOT 5, BLOCK 1, HIGHLARDS, PID ~23-117-24 42 0014. VARIANCE - repair foundation. City Planner, Mark Koegler, reviewed the applicant's request for a variance to allow improvements to an existing principal structure. The dwelling is 17' from the front property line resulting in a 13' variance, and there is a detached garage 2 feet from the side property line which received a variance in 1981. The front portion of the structure that encroaches into the required setback area has a number of problems. According to the Building Official's inspection, the rafters are sagging and appear to be undersized, the foundation has failed on the west side, other sides of the foundation have been covered by a wooden material precluding further inspection, siding is not properly installed, and portions of the interior ceiling have collapsed apparently due to leaks in the roof. Based on the Building Official's inspection, it appears that the portion of the existing structure that encroaches into the required setback has serious structural problems. The magnitude of the necessary repairs indicates that it may be more appropriate to remove the nonconforming portion of the structure and add additional space to the home in a conforming location. Staff recommended denial of the requested variance to rebuild or substantially repair the existing home. The applicant should prepare a comprehensive plan for improving the existing home that includes removal of the front portion of the home, remodeling the existing conforming portions of the structure as necessary, and adding additional space to the home in a conforming location on the lot. Upon preparation of such a plan, staff would recommend that the Planning Commission approve a variance to recognize the existing nonconforming garage. It was questioned if the structure would meeting the 840 square foot minimum required floor area for a dwelling if the front portion of the home was removed, and it was assumed it would not. Meyer commented that the time to get this structure into conformance is now. The applicant informed the Commission that there is another poured foundation inside the existing foundation, so the structure is not as bad as it may seem. Jon informed the applicant that if the variance is approved, all decayed portions of the foundation would have to be repaired. The applicant commented that he will fix whatever is needed. The applicant's estimated cost to improve the structure is $6,000. Mueller questioned if the basement ceiling height would be required to be raised. The Building Official replied that it would not have to be raised, but if it does not meeting the minimum height requirement it cannot be considered habitable space and it will reduce the square footage of the dwelling. MOTION made by Voss, seconded by Weiland to recommend denial of the variance request due to the substandard condition of the dwelling as determined by staff. Motion carried unanimously. /~'~ This case will be reviewed by the City Council on July 28, 1992. 297 August ~1, 1981 Councilr:ember F'olston moved the following resolution. RESOLUTION NO. 81-271 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND GRANT A 2 FOOT SIDE YARD VARIANCE FOR A DOUBLE GARAGE - LOTS 4 & E.½ of 5, BLOCK l, THE HIGHLANDS WHEREAS, WHEREAS, the owner of Lots 4 and East ½ of Lot 5, Block I, The Highlands, Plat 61610, Parcel O1OO, PID #23-117-24 42 O014, is requesting a 2 foot side yard variance to replace garage, and there is an existing nonconformancy for the present garage and for the dwelling, and WHEREAS, the Planning Commission has recommended a variance be granted for a double garage with the stipulation that the garage be built no less that 2 feet from the property line. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND MOUND, MINNESOTA: ' That the Council concurs with the Planning Commission recommendation and does approve the variance for a double garage with the stipulation that it be no less than 2 feet from the side property line, recognizing the nonconforming front yard setback for the dwelling. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Charon and upon vote being taken thereon; the following voted in favor thereof: Charon, Polston, Swenson and Lindlan; the following voted against the same: Ulrick; whereupon said resolution was declared passed and adopted, signed by the Mayor end his signature attested by the City Manager. Mayor Attest: City Manager U~,,'nL.K, AL ZU,NL'~G INI~UI~3iATION SI[EET ADDR.ESS: -- / . t J~ ~ ZONE: I~UIICID IXXSTXNO ~.,~ Survey on file? y. ~ no ? Required ~t Width: ~'0 / (fron[age on ~n improved ~blic itr~t) / Existing Lot .ldth, BETBACK8 REQOXRI~D: .,., , (N~ I B W ~S~I SO' (Mimured fr~ O.H.W. J __ Date of survey , Depth Lot of Record? yesi~_ no I8 THI· PROP~R~/~CON~O/tJ4ING? YES, J ACCESSORY BUILOZSO · WILL THE PROPOSED II~ROVIHEHT· CONIFOIt~? ($) ~ 4 (.,o) 4 ( / o 0 0 o ,~ ! ! ! I PROPOSED RESOLUTION #92- RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR LOT 1, BLOCK 1, RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY HILLS UNIT B, PID #24-117-24 12 0003, 2424 AVON DRIVE P&Z CASE #93-005 WHEREAS, Owner and applicant, Dennis Erickson, has submitted an application for a minor subdivision in the manner required for platting of land under City of Mound Code of Ordinances, Section 330 and under Chapter 462 of the Minnesota State Statute, and all proceedings have been duly conducted thereunder; and WHEREAS, the subject property is located within the R-1 Single Family Zoning District which according to City Code requires a minimum lot area of 10,000 square feet, and principal building setbacks of 30 feet to the front, 10 feet to the sides, and 50 feet to the Ordinary High Water elevation. WHEREAS, both parcels are proposed to exceed the minimum lot area required, as follows: Parcel 'A' = 21,800 +/- square feet, and Parcel 'B' = 15,500 +/- square feet; and WHEREAS, it has been determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; and that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver would not be detrimental to public welfare or injurious to the other property owners. WHEREAS, The Planning Commission has reviewed this request and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: The property in which the applicant has requested a minor subdivision is currently described as follows: Lot 1, Block 1, RE-ARRANGEMENT of Block 1 & 2 Shirley Hills Unit B. ' ~O PROPOSED RESOLUTION PAGE 2 CASE #93-005 It is hereby granted to permit the subdivision as per the following descriptions: P&rcel A: That part of Lot 1, Block 1, RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY HILLS UNIT B, which lies northerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 0 degrees, 5 feet, 20 inches East along the west line of said Lot 1 a distance of 102.00 feet to a point of curve on said west line thence southerly along a tangential curve to the left having a central angle of 5 degrees, 30 feet, 41 inches and a radius of 259.9 feet a distance of 25.00 feet to the point of beginning of the line being described; thence North 75 degrees, 26 feet, 30 inches East to the shore of Lake Minnetonka and said line there ending. Parcel B: That part of Lot 1, Block 1, RE-ARRANGEMENT OF BLOCK 1 & 2, SHIRLEY HILLS UNIT B, which lies southerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 0 degrees, 5 feet, 20 inches East along the west line of said Lot 1 a distance of 102.00 feet to a point of curve on said west line: thence southerly along a tangential curve to the left having a central angle of 5 degrees, 30 feet, 41 inches and a radius of 259.9 feet a distance of 25.00 feet to the point of beginning of the line being described; thence North 75 degrees, 26 feet, 30 inches East to the shore of Lake Minnetonka and said line there ending. Approval of this subdivision is subject to the following conditions: ae Sanitary sewer and water services either be installed or some type of guarantee provided, such as a cash escrow or performance bond. Final grading plan to be approved by the City Engineer at time of building permit application. Cash deposit in the amount of $500 be required to offset any direct outside City expenses. ,; I i I I PROPOSED RESOLUTION PAGE 3 CASE #93-005 e De A 10 foot wide drainage easement be established with 5 feet on each side of the proposed east/west dividing line. It is determined that the foregoing subdivision will constitute a desirable and stable community development and it is in harmony with adjacent properties. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant. The applicant shall have the responsibility for filing this resolution in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of the City. The applicant shall also have the responsibility of paying all costs for such recording. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. ao EXtlIBIT A Proposed Lot D~visicn RESOLUTION ~93- for Dennis E. Er*ckson of Lot 1, Block 1 RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY HILLS UNIT B hennepln County, Minnesota Existing Legal Description Lot 1, Block 1, RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY HILLS UNIT B. Proposed Legal Description That part Of Lot 1, Block 1, RE-ARRANGEMENT OF BLOCKS ! & 2, SHIRLEY HILLS UNIT B, which lies northerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 0"05'20" East along the west line of said Lot 1 a distance of 102.00 feet to a point of curve on said west line; thence southerly along a tangential curve to the left having a central angle of 5"30'41' and a radius of 259.9 feet a distance of 25.00 feet to the point of beginning of the line being described; thence North 75°26'30" East to the shore of Lake Minnetonka and said line there ending. That part of Lot l, Block 1, RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY IIILLS UNIT B, which lies southerly of the following described line and its extensions: Commencing at the Northwest corner of said LOt l; thence on an assumed bearing of South 0'05'20" East along the west line of said Lot ! a distance of 102.00 feet to a point of curve on said west line: thence southerly along a tangential curve to the left having a central angle of 5'30'41" and a radius of 259.9 feet a distance of 25.00 feet to the point of beginning of the line being described; thence North 75'26'30" East to the shore of Lake Minnetonka and said line there ending. II MINUTES OF A MEETING OF Till;'. MOUND ADVISORY PLANNING COMMISSION MARCH 8, 1993 gASE $93-005: DENNIS ERICKSON, 2424 AVON DRIVEl LOT 1, BLOCK 1, ~HIRLEY HILLS UNIT Bi PID ~24-117-24 12 0003. MINOR SUBDIVISION. Building Official, Jon Sutherland, reviewed the applicant's request for a minor subdivision to create two lots, both of which will be conforming to the existing zoning code provisions. Parcel A, with the existing structure, will have 21,800 square feet of lot area, and Parcel B will have 15,500. Staff recommended approval of the minor subdivision subject to the following conditions: Sanitary sewer and water services either be installed or some type of guarantee provided, such as a cash escrow or performance bond. Final Grading Plan to be approved by the City Engineer at time of building permit application. Cash deposit in the amount of $500 be required to offset any direct outside City expenses. A 10 foot wide drainage easement be established with 5 feet on each side of the proposed east/west dividing line. There was concern expressed that the proposed Parcel A will be large enough to subdivide in the future. The Building Official noted that the existing house is a substantial structure and its location on the lot would not be conducive to allowing a subdivision. It was also noted that the revised zoning code requires 60 feet of lake frontage and Parcel A will only have 80 feet of lake frontage, therefore, reducing the possibility of a subdivision in the future. MOTION made by ross, seconded by Clapsaddle, to recommend approval of the minor subdivision as recommended by staff. MOTION carried unanimously. It was suggested that as few trees as possible be removed during construction. This case will be heard by the City Council on March 23, 1993. CITY MOUND STAFF REPORT DATE: TO: FROM; SUBJECT: Planning Commission Agenda of March 8, 1993 Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~ ~'~, Minor Subdivision APPLICANT: Dennis Erickson CASE NO. 93-005 LOCATION: 2424 Avon Drive, Lot 1, Block 1, Shirley Hills Unit B PID 24-117-24 12 0003 ZONING: R-1 Single Family Residential BACKGROUND The applicant is seeking approval of a minor subdivision to create two lots, both of which will be conforming to the existing zoning code provisions. The proposal is a split lengthwise creating two lakeshore properties. Parcel A with the existing dwelling resulting in 21,800 square feet (-Fl-) and Parcel B is a buildable parcel at 15,500 square feet (-F/-). COMMENT This proposal is consistent with City Code provisions, Section 330:20 regarding minor subdivision. The City Engineer has reviewed and made recommendations in his letter dated February 23, 1993. In addition, we discussed adding a fourth condition that a drainage easement be provided between the two properties, 5 feet on each side of the proposed dividing line. RECOMMENDATION Staff recommends approval of the proposed minor subdivision subject to the following conditions: 1. The conditions outlined in the City Engineer's letter dated February 23, 1993. A 10 foot wide drainage easement be established with 5 feet on each side of the proposed east/west dividing line. This case will be heard by the City Council on March 23, 1993. The adjoining properties owners have been notified of this request. ,i · ,I J I McCombs Frank Roos Associates, Inc. 1505023rd Avenue Nor:- Pym, c, utr~ M ~-,-e$ota 55447 Mr. Jon Sutherland Planning and Zoning City of Mound 5341Ma~wood Road Mound, Minnesota 55364 612 476-6010 612 476-8532 FAX February 23, 1993 Ptanne's Surveyors RECEIVED FEB 2 5 1993 MOUND PLANNING & INSP. SUBJECT: City of Mound, Minnesota Erickson Subdivision Case No. 93-005 ~I~A #10308 Dear Jon: As requested, we have reviewed the application for a minor subdivision of the above referenced property and having the following comments and recommendations: The survey does not allow City utilities, i.e., sanitary sewer or watermain. From the City records, it does not appear there is an existing sewer or water service available to serve proposed Parcel B. These would need to be installed at the Owner's expense. The setbacks of the existing garage need to be reviewed, which I am assuming will be covered in your staff report. The proposed grades shown for the future house appear to be acceptable. A final Grading Plan will need to be submitted at the time application is made for a building permit. In conclusion, we are recommending the following conditions be made a part of the subdivision approval: Sanitary sewer and water services either be installed or some type of guarantee provided, such as a cash escrow or performance bond. Final Grading Plan to be approved by the City Engineer at time of building permit application. Cash deposit in the amount of $500.00 be required to offset any direct outside City expenses. If you have any questions or need additional information, please contact us. Very truly yours, JC:jmk j~~0~~~ASSOCIATES, ameron INC. Application for MINOR SUBDIVISION OF LAND City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 FEB I ? 1993 $"-c ,cc City Council Date: Site Visit Scheduled: Case No. ~6 /~-- Application Fee:, $50.00 Escrow Deposit: Deficient Unit Charges? Delinquent Taxes? Zoning Sheet Completed: ~--~qr~ Copy to City Planner: J Copy to Public Works: Copy to City Engineer: Other: ~ VARIANCE REQUIRED? Please type or print the following information: Address of Subject Property Q-t~-~ 4~-~,'./ brillO___ Owner's Name b~FJA/iS a~-l~[c,~-~ Day Phone.~ Owner's Address -~-~- 23-4- /~o~ 9 (i ~ Applicant's Name (if other than owner) Address Name of Surveyor Name of Engineer~o~ LEGAL DESCRIPTION: Lot O ~- Day Phone Day Phone Day Phone Block O ~ Zoning District -- Use of Property ~[C/ B~h~/O~ ~-/ Has an application ever been made for zoning, v~riance, conditional use permit, or other zoning procedure for this property? ( ) yes, (~no. If ~es, list date(s) of application, action taken, resolution nu~er(s) and provide copies of resolutions. This application must be signed by all owners of the subject property, or an explanation given why this is not the case. Signature of Owner Date ~ignature of Owner Date ao Proposed Lot Division for Dennis E. Erickson of Lot 1, Block I RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY HILLS UNIT B hennepln County, Minnesota Existing Legal Description Lot 1, Block 1, RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY }{ILLS UNIT B. Proposed Legal Description That part of Lot 1, Block 1, RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY }JILLS UNIT B, which lies northerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 0°05'20" East along the west line of said Lot 1 a distance of 102.00 feet to a point of curve on said west line; thence southerly along a tangential curve to the left having a central angle of 5°30'41'' and a radius of 259.9 feet a distance of 25.00 feet to the point of beginning of the line being described; thence North 75026'30" East to the shore of Lake Minnetonka and said line there ending. That part of Lot 1, Block 1, RE-ARRANGEMENT OF BLOCKS 1 & 2, SHIRLEY tI/LLS UNIT B, which lies southerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 0005'20'' East along the west line of said Lot 1 a distance of 102.00 feet to a point of curve on said west line: thence southerly along a tangential curve to the left having a central angle of 5°30'41'' and a radius of 259.9 feet a distance of 25.00 feet to the point of beginning of the line being described; thence North 75026'30'' East to the shore of Lake Minnetonka and said line there ending. ,,, I i J I I ~l, GEN~ ZONING INI"OI~'~IATION Stt]&ET ~ ADDRESS: -- - i ',1 ~1' -...- '"~ ~'~' ' ...................... Survey on file? yes no, Date of ·urvey . ~.ot of Record? yea no ? Required rot Width: ~(~ / (frontage ca an ~'Foved p~bltc , Depth FRONTtMIBW FRONT; SXDEz ' V CITY of MOUND STAFF REPORT FAX ~6'2 4-2 CtZ DATE: Planning Commission Agenda of March 22, 1993 TO: FROM; SUBJECT: Planning Commission, Applicant and Staff Jon Sutherland, Building Official ~-~ . Variance Request APPLICANT: Hestia Homes (Brian Nowak) CASE NO. 93-007 LOCATION: 3239 Roxbury Lane Lots 1-3 & S 25' of Vac. Drummond, Block 26, Devon PID #25-117-24 12 0201 ZONING: R-iA Single Family Residential BACKGROUND The applicants are seeking a street frontage variance of 20 feet +/- to the required 40 feet in the R-IA zoning district. As noted on the survey, the improved portion of Roxbury turns the corner to Drummond and the platted right of way in each case is only 30 feet wide. Resolution #78-301 details the vacation of Drummond Road. It was determined at that time that there was no need to retain a drainage or utility easement on either street. This was the major concern of the City Engineer. According to the Public Works Superintendent, there is a sewer force main in the unimproved portion of Roxbury Lane. When the hard surface driveway is installed, a construction joint should be placed at the lot line to facilitate removal and reinstallation in the event maintenance is required in this area. In addition, the existing curb line must be maintained to direct storm water flow down Drummond Road. Staff Report 3239 Roxbury Lane Page 2 RECOMMENDATION Staff recommends approval of the requested street frontage variance in order to construct a new single family dwelling with the following conditions: Proper drainage be maintained as to not adversely affect the neighboring properties. The drainage provisions shall be reviewed and approved by the City Engineer and Building Official. A hard surface driveway is required and a control joint shall be installed at the intersecting front property line as approved by the Building Official and Public Works Superintendent. There shall be no exterior storage on, or use of the unimproved Roxbury Lane. This case will be heard by the Planning Commission on March 22, 1993, and by the City Council on March 23, 1993. JS:pj revised 4/2/92 VARIANCE APPLICATION CITY OF MOUND 5341Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning Commission Date: .~-~Z-~ City Council Date: _~ -Z~- Site Visit Scheduled: Application Fee: $50.00 Case No. q%--007 Zoning Sheet Completed: Copy to City Planner: Copy to Public Works: Copy to City Engineer: Please type or print the following information: Address of Subject Property ~~ $/'~()7~'~;~)LJ,~j./<~I"J'L~ Owner s Name ~7/~ H~~ ~,~I6M ~'3C30~ ' ~C~ Day Phone -/ / I~1~ ~ Owner's Address ~~ ~J.,~ ~ Applicant's Name (if other than owner) Address ~'~;%/t~ Day Phone LEGAL DESCRIPTION: Lot /] ~ 3 ~>/~' 'f~- ~ C Block Additionpf4A)rJ PIDNo. Zoning District ~--Z ~'/~se of Property: Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ~ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed descripton of proposed construction or alteration (size, number of stories, type of use, etc.): revised 4/2/92 Variance Application ~Page 2 Case No. ~-i % 'C<.~ Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ~'), No (). If nO, specify each non-conforming use (describe reas6~ for variance request, i.e. setback, lot area, etc.) SETBACKS: required requested VARIANCE (or existing) Front Yard: ( N S E W ) Rear Yard: ( N S E W ) Lake Front: ( N S E W ) Side Yard: ( N S E W ) Side Yard: ( N S E W ) Lot Size: Street Frontage ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft ~d ft. ~ ~--- ft. ~6~ ft. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes ( ), No ( ). If no specify eachnon-conforminguse: , Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) too small ( ) drainage ( ) too shallow ( ) shape Please describe: ~O~Cc~~ ~ ( ) soil ( ) existing (~.) other: specify Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes (), No ~. If yes, explain revised 4/2/92 Variance Application Page 3 Case No. CI"/)'C.(..:, 7 e Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No ~. If yes, explain Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (), No (). If no, list some other properties which are similarly affected? 8. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. June 13, 1978 311 Councilmember Swenson moved the following resolution, RESOLUTION 78 - 301 RESOLUTION AUTHORIZING THE VACATION OF HANOVER AND DRUMMOND ROAD FROM THE WEST SIDE OF ROXBURY LANE TO THE EAST SIDE OF MIDDLESEX LANE WHEREAS, Terry M Schlee and Eugene G. Schlee, owners of property de- scribed as: Lots 9 through 13, Block 28, Devon, Lots 1 through 6 and 11 through 16, Block 27, Devon and Lots 1 through 7 and 9 through 15, Block 26, Devon are requesting vacation of east 120 feet of Hanover and Drummond Roads west of Roxbury Lane, and WHEREAS, if street vacation is granted as requested, said owners will divide property into 4 building sites, each in excess of 6,OO0 square feet, and WHEREAS, said owners will Quit Claim Deed to the City property described as Lots 9-13, Block 28, Lots 4,5,6,11,12 & 13, Block 27 and Lots 4,5,6,7,9,10, 11 & 12, Block 26 all in Devon, and WHEREAS, no objections have been raised on said vacationing request by the Public Works Dept., Fire Chief, Police Chief, Engineer, Minnegasco, Northern States Power Co. and Continental Telephone Company, and WHEREAS, there is no sewer or water on the streets in question and there- fore no need to retain a drainage easement on either street, and WHEREAS, access to area, if vacation is granted, can be obtained through Aberdeen Road on the north and Windsor Road on the south. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby authorize the vacation of Hanover and Drummond Roads from the west side of Roxbury Lane to the east side of Middlesex Lane. The motion for the adoption of the foregoing resolution was duly second- ed by Councilmember Withhart, and upon vote being taken thereon, the fol- lowing voted in favor thereof: Lovaasen, Fenstad and Withhart; the fol- lowing voted against the same; none, with Fenstad and Polston being ab- sent, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. - -l~yor A~est: City Clerk ~D Z~ = rO~ M/MUM ~101:' YAi~ A.:C'x~ r; ~-~NCHMARK IRON [~ O~ DRUMMO~[ 9.~ . ('AS TRAV[ BICI~'ORD RESIDENCE Hes~.ia Homes, A 1 ~ox~ ~ m, ; I I I I I [ .............. ~'~- ~'¢ _, I -~ _ ..... : .'--. ! ~ :~ I I I BIC~ORn ~Sln~C~ HOS~ Homes, ~e. B~M~NT P~ '- ~t ~---~ ,, -?'~ . , /I ~ ~ .... 21 .... II BIC~ORD m~sIn~NC~ ltestia Homos, Inc. A4 ~o~u~~ ~O~D FLOOR P~ L BIC~ORD RESIDEq~CE S~ION Hera H~mes, c, J'-~,':,,KAL ZONING LNFOI,LMATION SH]gET ~ ADDRESS: gOffg: ~z~o Survey on file? yes no Date of survey -~'. · lot of Record? ye. no / Required M · · ~ 15' v ,SO' /aa&lured fr~a O.K.#t | FRONTs FRONT z SIDa': SlDIgt LAICZSHOR~ t Af-~SSORY BO X LO l'u.'~ k /qm ( .& !'lI' Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound City Council FROM: Mark Koegler, City Planner DATE: March 17, 1993 SUBJECT: Operations Permit APPLICANT: Walter G. Anderson Corp. CASE NUMBER: 93-008 HKG FILE NUMBER: 93-10C LOCATION: 5310 Shoreline Drive EXISTING ZONING: Industrial (I-l) COMPREHENSIVE PLAN: Industrial BACKGROUND: In 1991, Walter G. Anderson Corporation received an Operations Permit to establish a folding carton manufacturing business in the Balboa Building. At the present time, they are proposing to modify the exterior of the building to add an additional vent for an exhaust fan. On a previous occasion, they added a similar vent. COMMENT: The existing vent has not produced any noticeable odor or smoke problems. Similarly, no problems are anticipated from the installation of the proposed vent. The only concern that both of these vents pose is one of aesthetics. Both vents consist of pipes that rise along the outside of the building to a height of approximately 26 feet. Their location is along the front of the building that is commonly seen as people pass through the City of Mound. The pipes would be less noticeable if they were boxed in and clad with a material compatible with the existing building exterior. Land Llse Environmental" Planning 'Design Walter G. Anderson Planning Report March 17, 1993 Page Two RECOMMENDATION: Staff recommends approval of the Operations Permit for the second dryer vent and retroactive approval of the installation of the existing vent subject to the following condition: · The applicant shall "box in" both the existing and proposed vent pipes with a material compatible with the existing building facade. Prior to installation, the plan for the pipe enclosures shall be approved by the Mound Building Official. , CITY OF MOUND ~1~-~ OPERATIONS PERMIT 'APPLICATION Section I - Applicant lnformation~,,~~~~~~~ Street Address of Property 5310 Shoreline Drive b~gal D~scription of PropertT: Lot ~ + B ~k 5, G ,~ikion _ Balboa Property ~W.I~[~& ~;~ P~ ~. 13-111-Z43451~ ~er' s ~ ~y p~ ~. ~ss 4. Applicant (if other than owner): Name Walter G. Anderson. Corp. Address 4535 Willow Drive Hamel, MI~ 55340 Richard G. Anderson Section 2 - Business e Day Phone No. 478-2133 Name of Business Walter G. Anderson, Corp. Total Floor Area 32.48~ Manufacturing Are~ 28.755 Sales Floor Area Describe Nature of Business Office Area 3733 Warehouse Area Other (please specify) Manufacture of foldin~ cartons g~olesale Location (cite unit number or attach floor plan) Number of Emplpyees: 1st ShiftlO - 1~ 3rd Shift Retail ~ndShift Adjacent Uses (list businesses)' N/A Tnrn .% ~t Section 3- Business Operations.. , ,,,, J Describe Products Produced oc Services Offered (attach [xoduct brochures if available) FoldinR cartons used for retail packasing. e What types of ~aterials will be shipped into and/or stored within the premises? ated water based inks. z. water based _adhesives Will materials be shiPt~l by= 'rail other (s~ectfy) semi truck x Will delivery vehicles be stored cn the property~ Yes No . If yes, at~a=h site plan showing parking stalls ass-~to d~ve~ vehicles· e Does the business plan.future expansiorm at this location? Yes X No . If yes, describe amount of anticipated expansion and timing. Not sure-at this time of the amount of expansion or timing. · 5. Wi.ll..the.business require any modifications to the exterior of the exlsclng ~uilding including but not limited tm doors,~windc~, overhead doors, cooling towers, RVAC ~its, etc? Yes x. yes, please described and attach a floor ~lan and exterior building elevattcrt drawings.~.j~:%~0vf/..~ exhaust fan foF heat removal. Will the pro[~k~ed o~eration involve: Noise Generation: ~es No x . If yes, describe source and amount Odor Generation: Yes source and amount No X · If ye~, describe- Toxib and/or F~zardous Waste Generation: Yes If yes, describe source and amount bb __ x 0 Provide a detailed listing of all chemicals which will be discharged into the sanitary sewer system. _ Will the operation include ei~t, her interior or exterior storage of bulk chemicals? Yes No~ , . If yes, attach floor plan and/or site plan showing location and describe spill/leakage containment Other than chemicals, will the operation require outdoor storage of materials? Yes No . ~_ . If y?s, describe materials ~ attach site plan showing locations And identifyxng proposed screening by type and location. Section 4 - Certification I certify that all of the above statements and the statements contained in any required papers and plans b~ be submitted herewith are true and accurate. I consent to the entry in or upon the premises described i, this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing su,~,c~/,~otices may be required by law. Section 5 - City. Review and Action, , , , Reviewed by: Building Official City Planner City .Engineer Fire Chief · City Manager Other Planning Commission Recommendation: Date Council Action Resolution No. Date f HIWON I I LOOR P RECEIVED 318 October 22, 1991 RESOLUTION #91-160 RESOLUTION APPROVING AN OPERATIONS PERNIT FOR WALTER G. ANDERSON CORPORATION AT 5310 SHORELINE DRIVE WHEREAS,Walter G. Anderson Corporation has applied for an Operations Permit to manufacture Folding cartons occupying ap- proximately 32,4BB square Feet of total Floor area; and WHEREAS, the proposed use is allowed by Operations Permit in the Planned Industrial Area (PIA)and Falls within the category of Printing, Publishing and Allied Industries in Section 23.650 6 of the Zoning Coder and ' WHEREAS, the Mound City Council has reviewed the permit ap- plication and considered pertinent Facts as presented by the ap- plicant and City staff· NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota that the use proposed by Walter G. An- derson Corporation ts consistent with the criteria For granting Operations Permits Found in Section 23.650.7 of the Mound Zoning Code and hereby approves the Operations Permit subject to the Following conditions: Stgnage shall comply with the Mound Sign Code and be compatible with the comprehensive sign plan approved For the Balboa building. Building improvements shall comply with all applicable codes, standards and ordinances· The Foregoing resolution was moved Councilmember Jessen and seconded by Councilmember Jansen. Attest: City Clerk The Following Councilmembers voted in the affirmative: Jessen, Jensen, Johnson, Smith and Ahrens. The Following Councilmembers voted tn the negative: None. ayor ~ i I I, I October 22, 1991 190 MINUTES - MOUND CITY COUNCIL - OCTOBER 22, 1991 1.22 APPROVAL OF AN APPLICATION FOR AN OPERATIONS PERMIT AT ~ SHORELINE DRIVE FOR NALTER G. ANDERSON CORPORATION. City Manager Ed Shukle stated that the applicant is seeking approval of an Operations Permit to establish a folding carton manufacturing business in space formerly occupied by Solarium Systems in the Balboa building. The proposed use falls within the category of Printing, Publishing and Allied Industries which is listed in Section 23.650.6 of the Mound Zoning Code as an allowable use by Operations Permit. The applicant's business~ does not propose any environmental hazards. Stall,nd-Planning ~C~mmissi~recommended approval. Jessen moved and Jensen seconde~r-the following resolution: ~ RESOLUTION ~91-160 RESOLUTION APPROVING AN OPERATIONS PERMIT FOR WALTER G. ANDERSON CORPORATION AT 5310 SHORELINE DRIVE. The vote was unanimously in favor. VanDoren Hazard Stallings, lnc. PLANNING REPORT TO: Mound City Council and Staff FROM: Mark Koegler, City Planner DATE: October 15, 1991 SUBJECT: Operations Permit APPLICANT: Walter G. Anderson Corp. VHS FILE NUMBER: 91-310-A13-ZO LOCATION: 5310 Shoreline Drive (Balboa Property) EXISTING ZONING: Industrial (I-l) COMPREHENSIVE PLAN: Industrial BACKGROUND: Walter G. Anderson Corporation is seeking approval of an Operations Permit to establish a folding carton manufacturing business in space formerly occupied by Solarium Systems. The proposed use falls within the category of Printing, Publishing and Allied Industries which is listed in Section 23.650.6 of the Mound Zoning Code as an allowable use by Operations Permit. Walter G. Anderson Corp. manufactures folding cartons used for retail applications such as food products, medical products, hardware, pet foods, paper products, pharmaceuticals and cosmetics. Materials used in the manufacturing process include paperboard, corrugated cardboard, water based inks and water based adhesives. The operation does not involve toxic or hazardous chemicals. The company proposes to occupy 32,488 square feet of which approximately 3700 square feet is devoted to office use. The firm expects to operate one shift with total employment ranging from 10 to 15. Shipping and receiving is handled via semi trucks. COMMENT: In reviewing applications for Operations Permits, attention is typically focused on the nature of the proposed operation, parking requirements, outdoor storage needs, potential noise or odor problems and the use of toxic substances. Walter G. Anderson Corp. does not pose concerns in any of these categories. The proposed use is a clean manufacturing process which should not adversely impact other existing or future building tenants nor should it have a negative impact on the surrounding residential areas. 3030 Harbor Lane North, Bldg. II, Suite 104, Minneapolis Minnesota 55447-2175 (612)553-1950 ~ i I I I Planning Report - Walter G. Anderson Corp. October 15, 1991 Page Two RECOMMENDATION: Staff recommends approval of an Operations Permit for Walter G. Anderson Corp. to establish a folding carton manufacturing business located at 5310 Shoreline Drive subject to the following conditions: Signage shall comply with the Mound Sign Code and be compatible with the comprehensive sign plan approved for the Balboa building. Building improvements shall comply with all applicable codes, standards and ordinances. WGAOPPER. P52 August 13, 1985 RESOLUTION NO. 85-87 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION GRANTING A CONDITIONAL USE PERMIT TO BALBOA MINNESOTA COMPANY FOR THE ESTABLISHMENT OF A PLANNED INDUSTRIAL AREA - 5340 SHORELINE BLVD. ADDING. ITEM J. AND K. AS RECOMHENDED WHEREAS, Balboa Minnesota Company (applicant) has applied for a Conditional Use Permit for the establishment of a Planned Industrial Area for the property generally known as the Tonkawest Business Center at 5340 Shoreline Boulevard; and WHEREAS, the property is presently zoned I-1 and Planned Industrial Areas are conditional uses in the I-1 zone; and WHEREAS, the applicant bas applied for a Conditional Use Permit to facilitate the full utilization of the Tonkawest Business Center structure through the establishment of one or more business enterprises either on a lease or sale basis, thereby expanding employment opportunities in the City-of Mound and contributing to the improvement of the economic climate in the surrounding area; and WHEREAS, the City of Mound has de6ermined that the establishment of a Planned Industrial Area is a more efficient usage of the existing structure and land than could be accompiished under traditional I-1 zoning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: It is hereby determined that the proposed Planned Industrial Area is consistent with the land use and economic development policies of the City and is consistent with the general purposes and interest of the Zoning Code of the City. Ihe Conditional Use Permit is granted in accordance with the fo/lowing conditions: Modification or alteration of the exterior of the building is expressly prohibited pending submittal of the comprehensive exterior remodeling plan for the entire structure by Balboa Minnesota Company or by approval of an Operations Permit for portion of the structure. In accordance with the performance standards of the Mound Zoning Code, industrial, warehouse, storage and handling of bulk goods f2cilities h o August 13, 1985 are required to have at least one oarking space for each employee on maximum shift or one sTace for each two thousand (2,000) square feet of gross floor area, '~hichever is larger. The redevelopment plan for Tonka'~est Business Center (Exhibit 1) has identified 427 total parking spaces. As uses occupy this building, their parking requirements will be verified at the time of Building Permit or Operations Permit application. If a parking shortage occurs at any time during the development (leasing or sale) of the building, the applicant shall be responsible for providing additional parking for the use of all applicable businesses. Loading access areas (loading berths) shall be restricted to the locations shown on Exhibit 2 unless modified by the subsequent approval of an Operations Permit for a portion of the 'building. All loading berths shall conform to the provisions of Section 23.717 of the Mound Zoning Code. Within 90 days of approval of this Conditional Use Permit, the applicant shall pr epa r.e. landscaping plans for @11 parking areas, entrance areas and common areas on the property. Such plans, clearly identifying species, caliper and root type shall be submitted for review and approval by the City Planner. Tonkawest Business Center shall be combined into one tax parcel. Balboa Minnesota Company shal'l prepare a comprehensive signage plan' of the entire structure depicting locations of concentrations of wall signs, the general signage theme and the location and design pylon signs. Sign permits for individual business establishments shall be withheld until such time as a comprehensive sign plan is submitted and approved. Subdivision of the Tonkawest Business Center structure in two or more units shall require review and approval by the Mound Planning Commis~Jon and City Council. Subdivisions shall be consistent with all applicable City Ordinances and at the time of subdivision application, the City Council shall make a determination of park dedication requirements. i~o change in the external mechanical devices August 13, 1985 shall be permitted unless authorized by Operations Permit for a portion of the building. Additionally, no roof vents or emission stacks shall be constructed without Operations Permit approval. Proposed improvement along the north side of the structure including but not limited to walkways and driveways between the building and the existing parking lot shall be reviewed by the Burlington Northern Railroad or subsequent owner. No outside storage is permitted except by Operations Permit. Parking of vehicles exceeding 24 hours is prohibited except delivery vehicles in designated spaces and trucks in loading berth areas. Balboa Minnesota Company shall submit to the City $1,000 to be put in an escrow.account to cover staff review and administration. The foregoing resolution was moved, by Councilmember peterson and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Jessen, Paulsen, Peterson, Polston and Smith. The following Councilmembers voted in the negative: none. Attest: City Clerk x Mayor i I I I I RESOLUTION #85-87 (EXHIBI i RESOLUTION #S5-87 (EXHIBIT 2) E March 22, 1993 I JOHN ! I EDEWAARD 6124722,~,S? P. (~1 ~""" ' "~°"" 4'7z-&'z ~'"' 4/7 Z -06 Z o ~"' '¥ 7~- - z~, ~ 7 Mound City Council 5341 Maywood Road Mound, Minn. 55364 VIA FAX ONLY 472-0620 RE: Open letter to the City Council Mm'ch 22, 1993 Regular meeting Dear City Council Members: I am interested in the Open Space Preservation Referendum. Earlier this week it became apparent that in order to receive any information regarding the drafting of a petition, the City Council would need to direct the city staff to help Mr. Tom Casey draft the specific language. I would like the City Council to authorize the city staff (if the Council sees it appropriate) to help in determining how assessments apply to the city tax base as a whole and not just the 3200 households. Also to work with Tom regarding other specific issues relating to the draftin8 of a petition. This issue was initially brought up at an earlier council meeting. I apologize for not being in attendance this evening. Thank you. rely, John C. Edewaard 5125 Hanover Road Mound, Minn. 55364 472-3254 472-2637 fax liE. iN N t.,. I f r"UDL.LI.. LOLIF-.i'k.b I I I ILL I~0 .OZZ-dOU-ZDlO Mar' HENNEPIN DEPARTMENT OF PUBLIC WORKS 3:20 Washington Avenue South Hopkins, Minnesota 55343-8468 PHONE: (612) 930-2500 FAX (6t2) 930-2513 TDD: (612) 930-2696 March 19, 1993 Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341Maywood Road Mound, MN 5536¢-]$87 RE: City of Mound - Mid Block Crosswalks Dear Edward~ We have received your letter dated February ]1, lgg3 discussing the City Council's action regarding the removal of the following four mid block crosswalks: I. South on County Road ]10 between the Our Lady of the Lake Pennywise shop and Mound Opticians. 2. North on County Road 110 by the Hennepin County Library. 3. Shoreline Drive between the House of Hey Restaurant and the City parking lot. 4. Shoreline Drive near the Post Office. As requested, we will remove these four crosswalks in the spring. The existing crosswalk pavement striping will require grinding/sandblasting which will be done by County forces. Any handicapped accessible curbs will need to be replaced by standard curb and gutter, and as indicated by your letter, we would expect the City to do the curb replacement. The County will also review the existing crosswalk signing and make adjustments as necessary. Your letter also requested that a "No Turn on Red" sign be placed at the south intersection of CSAH 110 and CSAH 15 for traffic turning east from northbound CSAH 110. The addition of this sign could lessen the conflict between vehicles and pedestrians for those pedestrians crossing CSAH 110 at the south approach. At the same time it would probably increase the conflicts for pedestrians crossing CSAH lB because all the CSAH ]10 right turners would then be turning at the same time as the pedestrians crossCSAH 15. A check of pedestrian accidents at the intersection.from 1987 to June 30, 1992 showed one pedestrian accident in ]9gO and one in 1992. Both involved southbound left turn vehicles striking northbound pedestrians. No accidents were identified that would have been prevented had a "No Right Turn on Red" sign been in place. It doesn't appear that this sign would provide any substantial pedestrian benefits. HENNEPIN COUNTY ancquol opporlunl~,rnploy,, I0~ N~NN ~IT FU~LIL WUKK¥ IlL NO.blZ-W$U-2~i$ Mar 1W,W3 W:iW No.UU$ H.U$ Mr. Edward J. Shukle, Jr. March 19, 1993 Page 2 A maximum "Q" for right turning vehicles would probably be seven to eight vehicles or approximately ]75' to 200'. Auditors Road is only about 200' south of this intersection. It appears that there is some risk of blockage of the Auditors Road intersection with the placement of this sign. As you are aware, a "No Right Turn on Red" sign reduces the operating efficiency of a traffic signal. It is our policy not to install these signs unless there is a sight distance problem or some other identified problem the sign could correct. Based on the above, it is our recommendation that the "No Right Turn on Red" not be installed. Please contact Jerry Smrcka at 930-2583 regarding any coordination necessary in the removal or.these mid block crosswalks. If you have other questions or would like to discuss our recommendation, please call me at 930-2680. Sincerely, Thomas D. Johnson, P.E. Transportation Planning Engineer TOJ:gk cc: Patrick B. Murphy Jerry Smrcka E A TMENT SF UBLIC 325 W shin fsn Avenue S uth H$ kins, Minnesst City Hanager /)/ ~,'~"/,, Y"~. ~' j City of Hound 7~'" ./ ' .' --' -]687 /~- . ~.~. , ~e h~ve recelved ~our ~etter dated Februar~ ]] ]993 : ~scu ' ' ' ' w~n ss~n Counct]s ac~ton regarding ~he removal of the fo~o g four gmld crosswal ks: 1. South on County Road 110 between the Our Lady of the Lake Pennywise shop and Hound Opticians. 2. North on County Road 110 by the Hennepin County Library. 3. Shoreline Drive between the House of Hoy Restaurant and the City parking lot. 4. Shoreline Drive near the Post Office. As requested, we will remove these four crosswalks in the spring. The existing crosswalk pavement striping will require grinding/sandblasting which will be done by County forces. Any handicapped accessible curbs will need to be replaced by standard curb and gutter, and as indicated by your letter, we would expect the City to do the curb replacement. The County will also review the existing crosswalk signing and make adjustments as necessary. Your letter also requested that a "No Turn on Red" sign be placed at the south intersection of CSAH 110 and CSAH 15 for traffic turning east from northbound CSAH 110. The addition of this sign could lessen the conflict between vehicles and pedestrians for those pedestrians crossing CSAH 110 at the south approach. At the same time it would probably increase the conflicts for pedestrians crossing CSAH 15 because all the CSAH 110 right turners would then be turning at the same time as the pedestrians cross CSAH 15. A check of pedestrian accidents at the intersection.from 1987 to June 30, ]9gZ showed one pedestrian accident in 1990 and one in ]ggZ. Both involved southbound left turn vehicles striking northbound pedestrians. No accidents were identified that would have been prevented had a "No Right Turn on Red" sign been in place. It doesn't appear that this sign would provide any substantial pedestrian benefits. HENNEPIN COUNTY on equo, opporlunlh~ employer J(~'"'~ LIT KU~LIL Hr. Edward J. Shukle, Jr. March 19, 1993 Page 2 A maximum "Q" for right turning vehicles would probably be seven to eight vehicles or approximately 175' to 200'. Auditors Road is only about 200' south of this intersection. It appears that there is some risk of blockage of the Auditors Road intersection with the placement of this sign. As you are aware, a "No Right Turn on Red" sign reduces the operating efficiency of a traffic signal. It is our policy not to install these signs unless there is a sight distance problem or some other identified problem the sign could correct. Based on the above, it is our recommendation that the "No Rtght Turn on Red" not be installed. Please contact Jerry Smrcka at 930-2583 regarding any coordination necessary in the removal of these mid block crosswalks. If you have other questions or would like to discuss our recommendation, please call me at 930-2680. Sincerely, Thomas D. Johnson, P.E. Transportation Planning Engineer TOJ:gk cc: Patrick B. Murphy Jerry Smrcka PUBLIC HEARING NOTICE CITY OF MOUND NOTICE OF A PUBLIC HEARING TO CONSIDER AN AMENDMENT OF MOUND'S FLOODPLAIN OVERLAY REGULATIONS, SECTION 330:15 OF THE MOUND CODE OF ORDINANCES NOTICE IS HEREBY GIVEN, that on Tuesday. April 27, 1993 at 7:30 p.m. at Mound City Hall, 5341 Maywood Road, Mound, Minnesota, a hearing will be held by the City Council to modify Section 330:15 of the Mound Code of Ordinances. Section 330:15 which contains Floodplain Overlay Regulations, affects properties within the designated floodplain areas. The change in the City Code is mandated due to changes in Federal and State regulations. All persons appearing at said hearing with reference to the above will me heard at this meeting. Francene C. Cl~rk, City Clerk Published in "The Laker,, April 5, 1993. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MARCH 11, 1993 REVIEW PROPOSAL FOR SUMMER 1993 PARKS AND BEACH PROGRAM WITH WESTONKA COMMUNITY EDUCATION AND SERVICES. Jim Glasoe, Recreation Coordinator for Westonka Community Education and Services reviewed the proposed parks and beach programs for 1993. Beginning with the Lifeguard Program, Glasoe reported that there is little change proposed. The budget was reviewed. There were no specific comments from the Park Commission. Reviewing the Parks Program, Jim requested a little flexibility with Park Program Locations. This year they have included Belmont Park into the program, as last year they tried the program at the Community Services building, however, due to high demand moved the service back to Belmont Park. The evening program at Mound Bay Park on Tuesday and Thursday evenings did not receive as much participation last year as expected, there were people in the park, but they did not participate in the program. Glasoe highlighted that the Youth Center is doing very well with approximately 70 kids attending in one evening. The Youth Center will be open 2 nights per week during the summer, and they hope to organize some special events utilizing the Pond Arena, such as rollerblading. MOTION made by Asleson, seconded by Byrnes to recommend approval of the proposed 1993 Summer Parks and Beaches Program. Motion carried unanimously. "CELEBRATE SUMMER" "Celebrate Summer" is the name of a newly proposed program which will offer special events at Mound Bay Park on the 4th Sunday of each month in the early evenings. The Committee organizing the program includes Park Commissioners Marilyn Byrnes, Brian Asleson, and Carolyn Schmidt, in addition to representatives from Community Services and the Youth Program. The next Committee meeting was scheduled for Tuesday, April 6th at 7:00 p.m. at the Community Education offices. The Committee is currently working on funding and hoping to receive support from local organizations. Suggested themes for the special events include: May: June: July: August: An ice cream social with a barber shop quartet, Patriotic - maybe get the Minneapolis Police Department band. Country dance exhibition. Back to school. The Commission discussed the need to get approval from the City Council in order to solicit funds. They hope to get volunteers to help out with the events. Andrea Ahrens, Council Representative, confirmed that she will discuss this issue with the City Council at the next COW meeting. MOTION made by Asleson, seconded by Schmidt to recommend to the City Council that the City of Mound co-sponsor with Westonka Community Education and Services a series of four special events in the city parks, entitled "Celebrate Summer" with the intent as outlined in these Minutes of a Meeting dated March 11, 1993. CITY of MOUND PROGRAM PROPOSAL SUMMER 1993 AGREEMENT BETWEEN: City of Mound Westonka Community Education & Services EFFECTIVE DATE: January 1, 1993 or when formally accepted by each party of this agreement An agreement to provide lifeguard services from the Community Education and Services Department, District No. 277 for the City of Mound. The intent of this agreement is to clarify, in writing, all activities comprising the cost of services for which the City is billed and the Community Education & Services Department is responsible to provide. The attached information is categorized as follows; A. Lifeguard Service Scheduled by Beach Location B. Scheduled Hours and Dates of Lifeguard Services C. Training Program Descriptions D. Supervision Scheme E. Salary Schedule and Philosophy F. Summary G. Cost of Services Estimate for 1993 A/B. LIFEGUARD BEACH SCHEDULE, CITY OF MOUND The following beaches are provided lifeguard services as described: 1.MOUND BAY PARK 80 days between Memorial Day and Labor Day and all exact schedules will be developed by Jim Glasoe and Jim Fackler The guards are on duty 11:00 a.m. - 7:00 p.m. 2.CENTERVIEW BEACH 60 days between Memorial Day and Labor Day and all exact schedules will be developed by Jim Glasoe and Jim Fackler The guards are on duty 12:00 p.m. - 5:00 p.m. Neighborhood Beaches 3.WYTCHWOOD BEACH 4.PEMBROOK BEACH These two beaches are served June 15 to July 31 (or to the nearest weekend day). Jim Glasoe monitors the usage due to weather and establishes exact opening/closing dates. Hours on these beaches are 1-4p.m., seven (7) days per week. '" I I Additionally, there is some additional guard time (in 30-minute increments) for Parks Program usage at neighborhood beaches. This usually happens only three (3) days per week for six (6) weeks, and is accounted for in the Parks Program budget.. C. LIFEGUARD TRAINING CONCEPT - The hiring of a person that has acquired a life.guard training certificate through Red Cross programs can be dangerous without ongoing training. What happens is that they do not train in the winter, and therefore, are not conditioned to perform in an emergency. Further, the test for a lifesaving certificate is knowledge and skill attainment. In the water, under emergency conditions, can be critical if water training does not occur each summer. Lifeguards will complete testing in the water and written testing, to qualify for employment. This testing is to determine areas of needed improvement and serve as an evaluation of the staff for purposes of designing training sessions. Training has been at the pool and early mornings at the beach. The guards must have the courage to enter the water under all climatic conditions including cold temperatures. The corps of guards all participate in an annual review of first aid, and are recertified in C.P.R. In addition to the summer inservice that is part of this agreement, there is ongoing training for high school-age guards during the winter months. By re-hiring college-age guards during summer, we retain experienced people and provide employment for the families of our community sending children to college. This arrangement serves the families and the city. The 1993 Training Concept will emphasize: 1.Policies/Procedures, First Aid Review - 2.Lifeguarding skills review, update on newest techniques 3.Use of emergency two-way radios at selected beaches 4.Lifeguard Training Re-certification components D. LIFEGUARD SUPERVISION SCHEME The people listed below comprise the active supervision of lifeguards on the beaches. While primary supervision duties are in the hands of Tami Stahlke, Lifeguard Supervisor, it is important that city department heads involved in park activities also be recognized as having supervisory authority. MIKE LOOBY, Director --Occasional beach monitoring, especially at Mound Bay Park. Participation in inservice. Response to citizen concerns. JIM GLASOE, Recreation Coordinator --Assists with the day to day coordination from the Community Education and Services office. Occasional beach monitoring. TAMI STAHLKE, Lifeguard Supervisor --Is employed to hire personnel, develop training programs, lifeguard testing, shift scheduling, payroll, coordination with city staff, equipment maintenance, and supervision. She has as the primary responsibility to supervise the beach staff. JIM FACKLER, Parks Director --When working at the listed beaches observes the actions of the guards and admonishes, directs, or otherwise becomes involved if the activities do not meet acceptable standards. THE CITIZENS --Perform a volunteer duty by reporting undesirable actions they observe on the beaches. Their input is invaluable to beach su .pervisions. We may recruit neighborhood citizens to observe and report inappro, pnate actions. They would remain anonymous to the guards. This would be an expansion of the neighborhood involvement as phone locations in the event of emergency. The guards have the name of the house they may go to use the telephone in emergency. Neighborhood cooperation has been excellent. E. SALARY SCHEDULE P1TIIA)SOPHY--Some years ago surfaced the concern of the number of guards we were training and then subsequently hired at a higher rate by other area agencies, i.e. Hennepin County, Lafayette Club, etc. It beca. me clear that the more training and experience the individual had the more valuable they became. From that evolved a salary schedule that reflected this concept. Each year during which a guard works 100 hours, they raise a salary step. We pay them well. We expect them to perform accordingly or we replace them. Below is the salary schedule issued in Administration Regulation h4231, dated 6/1/92 for the July 1-June 30, 1993 fiscal year. CERTIFIED LIFEGUARD 5.00 - 8.00 Per Hour EXPERIENCE FOR INCREMENT INCREASE--To qualify for an increment, an employee must be able to document at least 100 hours of employment in one or more of the water activity classifications during the past 12 month period from June 1 of each year. New employees may be awarded experience credit by the Community Education & Services Supervisor for similar documented employment in other credible organizations. EMPLOYMENT REQUIREMENTS AND EVALUATION Lifeguard 1. Must hold a current Certified Lifeguard Training Certificate. 2. A 16 year old must have or obtain a C.P.R. card within 90 days after hiring. 3. A performance review will be made 30 days after hiring. 4. In and out of water screening will be made at supervisor's discretion. F. SUMMARY--As our community has grown in numbers of residents using the beaches, and the number of non-residents frequenting our public parks during the summer months, the attitude of accident prevention (responsibility) has grown in the minds of city staff, citizens, parents, and city council members. In essence, we are providing for the welfare of our citizens by providing safe beaches. We have had no reports of drowning, or serious injury. By vigorously supplying preventive measures through the employment, training and supervision of a lifeguard staff we hope to maintain this record. LABOR: LIFEGUARD SUPERVISOR 175 HRS. @ $11.00/HR (7 weeks X 5 days X 5 hrs/day) SURFSIDE BEACH 1280 HRS.@ $6.50/HR (78 days x 8 hrs x 2 guards) CENTERVIEW BEACH 490 HRS. @ $6.50/HR (7 weeks x 6 hfs x 2 guards) TWO SMALL BEACHES 320 HRS. @ $6.00/HR (7 weeks x 2 beaches x 3.25 hrs/day) INSERVICE: 125 HRS. @ $6.50/HR *Benefits included in the above figures calculated at 10% COMMUNITY EDUCATION & SERVICES STAFF TIME MILAGE (ROVING GUARD AND SUPERVISION) 400 MILES @ .26/MI EQUIPMENT: = $2,214.00 = $8,924.00 =$4,204.00 = $2,112.00 = $ 894.00 = $1,800.00 = $ 104.00 = $ 450.00 TOTAL = $20,702.00 NET INCREASE OVER 1992 FIGURES = 2.5% AGREEMENT BETWEEN: City of Mound Westonka Community Education and Services EFFECTIVE DATE: January 1, 1993 or when officially accepted by each party of this agreement. An agreement to provide Parks Program services from the Community Education and Services Department, District No. 277, to the City of Mound. The intent of this is to clarify, in writing, all activities involved in the cost of services for which the city is billed and the Community Education and Services Department is responsible to provide. The attached information is categorized as: A. Parks Programs by Park Locations B. Scheduled Hours and Dates of Services C. Training Program Description D. Supervision Scheme E. Salary Schedule, Philosophy F. Summary G. Cost of Service for 1993, estimated A. PARK PROGRAMS BY LOCATION The following parks are provided services as described: 1. Belmont Park 2. Swenson (Island) Park 3. Three Points Park 4. Mound Bay Park 5. Philbrook Park B. SCHEDULED HOURS AND DATES OF SERVICES: These parks are served June 15 or the first monday following and will run for six (6) weeks with no programs July 4th of each year. Jim Glasoe monitors the usage due to weather and established exact opening/closing dates. Hours for these parks are 9:00 a.m. - Noon, Monday through Friday, as well as noon - 3 p.m., Monday through Friday and 6:30 -8:30 p.m. Tuesday and Thursday evenings at Mound Bay Park only. Additionally, there is some additional time for swimming at neighborhood beaches. This usually happens only one to two times per week for the duration of the program. C. TRAINING PROGRAM DESCRIFYION: It is common knowledge that the quality of a program depends greafl, y. on the people who are running it. It is with this in mind that and inserv~ce and training concept has been developed to insure that our parks program staff will be well prepared and able to deliver a high quality program. Preseason Training: As a condition of employment, all Playground Leaders and program aides will take part in an annual inservice and training program that will be developed by the coordinator. Additionally, ail staff will be required to attend weekly inservices on specific topics related to the program. The 1993 Training Concept will emphasize: 1. 1993 Program Review, "Its successes and failures" 2. Review of program "Policies and Procedures" 3. Program Changes to Enhance Participation Improvement 4. Innovative Program Ideas "Brainstorming" 5. Program Planning (weekly) D. PARK SUPERVISION SCItEME The people listed below compromise the active supervision of thc parks program. While primary duties are in the hands of the Parks Supervisor, it is important that others involved in park activities also be recognized as having supervisory authority. MIKE LOOBY, Director of Community Education and Services Occasional park monitoring, at Mound Bay Park. Response to citizens concerns. JIM GLASOE, Recreation Coordinator, Assists with the day to day coordination from the Community Education and Services office. Occasional park monitoring. GRANT BERGSTROM, Parks Supervisor, Is employed to hire personnel, develop training programs, schedule staff, handle payroll, coordinate efforts with other city staff and direct the day to day program. He/She has the primary responsibility to supervise the parks staff. JIM FACKLER, Parks Director, When working at the listed parks, observes the actions of the staff and become involved if the activities do not meet acceptable standards. THE CITIZENS, Perform a volunteer duty by reporting undesirable actions they observe in the parks. We may recruit citizens to observe and report actions. E. SALARY SCHEDULE AND PHILOSOPHY Some years ago surfaced the concern of the number of employee's we were training and then subsequently hired at a higher rate by other area agencies and businesses. It became clear that the more training and experience the individual had, the more valuable they became. From that evolved a salary schedule that reflected this concept. Each year during which an employee works 100 hours, they are raised one salary step. Additionally, our base salary schedule was raised to a level that was on par with our competing agencies. We pay them well and they are worth it. We expect them to perform accordingly or we replace them. Below is the salary schedule issued in the Administrative Regulation//4231, dated 6/1/92 for July 1 - June 30, 1993 fiscal year. PLAYGROUND ASSISTANT $4.00 4.25 4.50 4.50 4.75 PLAYGROUD LEADER $5.00 5.50 6.00 6.50 7.00 PROGRAM COORD. $8.00 8.50 9.00 9.50 10.00 EXPERIENCE FOR INCREMENT INCREASE To qualify for an increment increase, an employee must be able to document at least 100 hours of employment in one or more of the above categories during the past twelve month period, from July 1st of each year. EMPLOYMENT REQIJIREMENTS AND EVALUATION All employees must be at least 15 years of age and have completed all of the employment steps of the Community Education and Services Department. Additionally, All Playground Leaders and Assistants will take part in the annual inservice held in early June. SUMMARY: As our Park Program continues to grow, we must make every effort to assure that our residents are receiving a quality program which is both innovative and educational and above all, FUN for the youth of our community. It is with this concept in mind that this agreement was written. All of the above material is intended to show that we are attempting to achieve these goals,and will continue to do so for many years to come. ,L j I Jl i LABOR: PARKS PROGRAM SUPERVISOR 32.5 HRS/WK X 9 WKS X $9.00/HR INCLUDING BENEFITS PARK COORDINATORS 18 HRS/WK X 6 WKS X $4.50/HR X 5 PARKS INCLUDING BENEFITS PARK ASSISTANTS 18 HRS/WK X 6 WKS X $4.25/HR X 5 PARKS INCLUDING BENEFITS MOUND BAY AFTERNOON STAFF 15 HRS/WK X 8 WKS. X $5.00/HR X ! STAFF INCLUDING BENEFITS EVENING PROGRAM STAFF 5 HRS/WK X 8 WKS. X $6.00/HR. X 2 STAFF *Benefits included in the above figures calculated at 10% COMMUNITY EDUCATION & SERVICES STAFF TIME EQUIPMENT (Softball,Parachutes,Games,Coolers etc) SUPPLIES (Paints,Paper,Craft Supplies,Snacks) TRANSPORTATION (40 Hrs.@10.00 + 300.00 milage $2,895.00 $2,675.00 $2,575.00 $ 660.00 $ 530.00 $1,800.00 $ 300.00 $ 3OO.0O $ 700.00 TOTAL $12,435.00 NET INCREASE OVER 1992 FIGURES = 2.5% A TMOMA$ WURST. PA THO~IAS F UNDERWOOD. CRAIG ~1. MERTZ ROGER U. FELLOWS LAW OFfiCES WURST, PEARSON, LARSON, UNDERWOOD ~ ME:RTZ ONE FINANCIAL I~LAZA, SUITE ~1OO 120 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA $$402-1803 March 16, 1993 Rt 'D MAR 1 ? 1993 Mr. Adrian Meuwissen, Commander Mr. Patrick B. Sovis, Club Manager Chamberlain-Goudy VFW Post 5113 2544 Commerce Boulevard Mound MN 55364 Re: Liquor Violation Dear Adie and Pat: Pursuant to our meeting of March 16, 1993, I have revised the proposed Stipulation between your organization and the City of Mound. Per our agreement, the Post will close its rooms for three Mondays and three Tuesdays starting March 22, 1993, and as outlined in the agreement. It was agreed that the City Manager would convey this information to the City Council who will hopefully ratify the agreement at its regular meeting on March 23. The desire to start the closure on March 22 was to commence the closures during the slower part of the year and prior to Easter. I am assuming that if the City Manager has any feedback from the Council which would indicate this agreement is not acceptable to the Council, we would notify you and you would not have to start your closure until the Council made its decision, but under the present circumstances we expect you to begin the closure on March 22. This will also confirm that you will return two executed copies of the agreement to the City of Mound along with your check in the sum of $500 made payable to the City of Mound. We will also pass on to the City Council copies of the materials you have been disseminating to your members and your employees to avoid this happening in the future. Sincerely, Cu~-fis A. Pearson City Attorney CAP:ih Enclosure cc: Mr. Ed Shukle, City Manager ~ I I II I CITY OF MOUND ) ) v. ) ) VETERANS OF FOREIGN WARS) OF THE U.S. ) CHAMBERLAIN-GOUDY POST ) NO. 5113 ) STIPULATION WHEREAS, the Veterans of Foreign Wars of the U.S., Chamberlain- Goudy Post No. 5113, of Mound, Minnesota (hereinafter referred to as the VFW) holds a club license to operate and sell on-sale intoxicating liquors in the City of Mound, and WHEREAS, on September 28, 1992, at about 10:08 p.m., police officers for the City of Mound were directed to the VFW by an anonymous caller who indicated underage people were drinking in the bar, and Officer McKinley went to the VFW and found two underage persons at the bar consuming intoxicating liquor, and Calvin Korth, the bartender on duty, acknowledged that he had not carded the minors and had sold them intoxicating liquor, and WHEREAS, Mr. Korth was charged with a violation of Minnesota Statutes Chapter 340A.503, Subd. 2, and was scheduled to appear in the Hennepin County District Court on January 22, 1993, and WHEREAS, Calvin Korth entered a guilty plea to selling liquor to the two minors, and WHEREAS, it now appears that this violation has been processed by the District Court and a finding has been made that sales of intoxicating liquor have been made by an employee of the VFW, and the Mound Police Department has been contacted by the Orono Police Department and another incident has been investigated regarding a 15 year old girl being on the premises and consuming intoxicating liquor, but the police and legal department did not proceed to file charges because of evidentiary questions, and WHEREAS, the VFW has waived its rights to a hearing under the Administative Procedures Act and the City Attorney, City Manager, and Police Chief have met with representatives of the VFW pursuant to direction of the Council, and WHEREAS, the VFWand the City Attorney have agreed that in lieu of a trial and to avoid expenses to both parties, the City Attorney will recommend to the City Council that the license to sell intoxicating liquor will be suspended for aperiodof six (6) days, and the VFW will be closed and no intoxicating liquor, food, or other sales activities will be carried on each of those six days from 12:01 a.m. to 12:01 a.m. the following day on the following days: March 22, 23, 29, and 30, and April 5 and 6, 1993, and that the VFW pay the City the sum of $500, and WHEREAS, during the period of time of the suspension there will be no sale or display of intoxicating liquor in the sales area of the Club, and the employees may be on the premises to do administrative work or to make miscellaneous repairs, and committees of the VFW (not to exceed 12 persons) may use the Club rooms for meeting purposes but for no other reason, and the VFW and City agree that the VFW's license is under suspension and that no sales can take place, and WHEREAS, the City Council of the City of concerned about the ability of minors within the Mound is extremely community to obtain reported to the City intoxicating liquor, and the Police Department has Manager and to the City Council their concern that a large number of minors are consuming intoxicating and non-intoxicating malt liquor within the City and are violating City ordinances and state statutes. During the negotiations on the settlement between the City and the VFW, the City officers have attempted to stress to the VFW the need to educate all employees and members of the VFW that they are responsible for dispensing the substance or substances which can have a great affect on the public health, safety and welfare of the residents of this community and that the City Council will not stand for violations by any licensee within the community, and further that the City Council wishes to stress to the VFW and to all other dispensers of intoxicating and non-intoxicating liquor within the City, that the Police Department of the City will continue to aggressively seek out persons violating the liquor laws of this community and will punish anyone violating said laws to the maximum extent of the law. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED By and between the City of Mound and the VFW, as follows: 1. The VFW waives its right to a hearing under the Administrative Procedure Act. The VFW acknowledges it has been advised of its right to a due process hearing before any suspension would be ordered by the City Council. 2. It is agreed that under the provisions of Minnesota Statutes Chapter 340A, a violation has occurred and the bartender who sold the liquor has been processed through the criminal justice system. 3. The VFW has agreed with the City that the club intoxicating liquor license issued to the VFW shall be suspended on the following days: March 22, March 23, March 29, March 30, April 5, and April 6, 1993, and that on said days the VFW will not sell or dispense any intoxicating liquor or food or make other retail sales from the VFW's establishment in Mound, Minnesota. It is further agreed that a sign will be posted at each entrance explaining to the VFW members that the liquor license is under suspension because of a sale to minors. These signs shall be posted from March 22 through April 6, 1993. The VFW shall pay to the City the sum of $500 as a civil penalty to help offset the City's costs in this matter. 4. The VFW further agrees they will warn all their employees of the seriousness of selling to persons who have not been carded to establish that they are of legal age. They will also advise their employees this is a club license and the members and bona fide guests are the only ones authorized to purchase intoxicating liquor. Employees will be advised that any future violation will result in severe disciplinary measures or discharge of the employee. 5. The City Council further wishes to warn the VFW and all other licensees in the City of Mound that future sales of non-intoxicating and intoxicating liquor to minors will be dealt with severely by the City Council, and it is the desire of the City Council that all licensees work with the City to stop the sale or consumption of intoxicating or non- intoxicating liquors by minors. Veterans of Foreign Wars of the U.S. Chamberlain-Goudy Post No. 5113 Dated , 1993 By. Its Commander By. Its Manager City of Mound Dated , 1993 By Its Mayor Approved by City Council: By March 23, 1993. Its City Manager ,. i I J I PUSLIO- .,CTI~E TO T?~ i-.%,.~h?~ ~fD V F ~ Post In addressin~ the z~ibjeot o£ ~inors in the club ~.:e ~cu!d iiS~e to explain o~r policy -~ ii :onoern~ ''-~ ~ervin- of ~lo,,.hc~o be~'er~es in the ~ost and aa ii relztes to the '",- = ,-.~..n~so,a Stale l~:.~s. Everyo~:c who eniers the club is required by slate la~.~ to h~ve their ldenli£ic~tion on them. ~e mt the Post 5115 are under policy to require spot checks on anyone who does enter the club to ask for their I.D. I£ we question you as to your I.D. and you do not have a i,~I~2'~ESOTA DRIVERS LIC~$E, we cannot serve you. No other £orm o£ I.D. will be aeceptedl This does include birth eerti£icates, out of state I.D.'s and any other type of I.D. other than a MInnESOTA STATE DRIVERS LICenSE... As to minors in the club, the only time they are allowed is durinE the l~nch servinf hours; and only *~hile eatin~ with a parent. These hours are ~ionday - Friday 11:00 A.M. till 2sO0 P.M. Saturdays we serve lunch until 4~00 P.~(. They are permitted to be in the back room only durin~ our dinner hours. At no time are they allowed to be in the bar area while the dinner hours are bein~ served. Al%er your finished with your meal we require you to take your childern out of the club. There can be no exceptions to these policies at any time. We thank you for your cooperation in the under- standin~ of these policies... The Club ~lanager TO~ All Employees FROM: Club Manager DATE: ~.iarch RE: Serving Alcohol to Customers The following points are meant to define what changes in the V F W policies concerning the addressing of ~incrs are heinz focused on, in order to eliminate any future un]awful serving of a minor by any V F ~ staff. 1. ~he V F ~ h~s more visable posted policies on warning ~nycne ~.~ho may enter the cutsida doers. The si.a-n, w'~rns to have your I.D. ready to show to any staff personal who may ask for it. Thc club now post~ a larg~ sign next to the second set of doors ne~:t to the buzzer states absolutely no minors will be served alcoholic beverages. It also states ti~at they must be 21 years of ~ge. A final postinZ by the "sign in" book points out club house rules and minors in the club. Pointing out a one hour stay is permitted only while in for lunch and with a parent. 2. Through regular meetings as a routine, we address the laws on serving alcohol. However, we will now address areas in which we have been vulnerable to avoid any reaccurance of any unlawful serving of a minor. Hoping to increase more awareness on staff responsibilities. 5. While meeting with the commitee, we gain more cooperation in setting policies between members, their guests and their childern,as to observe and exercise the policies concerning the serving of minors in order to eliminate any reaccuranoe. Also presently putting together an open policy which will be av~il- able to the custcmers stating these policies a:~J asking for their cooperation. These c!~an~es ~.~ill help brin~ =ore a~arenes$ to the probla~s of minors and zlcci~ol ~nd are ~eant to demonstrate the V F ,['s own commitment on no more future citations on ~:inors and the servin? of. Club Manager lOql i · I GRCSS $ LOSS ON FIVE DAY CLOSL'~G F¢od sales gro~s Feb.21-2~' T F~ b. 21----0- closed on sunday F, ~b; 22 .... Is B r sales gros F,,b. 22 .... $72 .~.0 -- ~ b. ~5--~$~o o 2o ' 'G tabling L~bor pai~ ro~ f~ve day ~ ~or break 9ebi~- ~ ............ --810 Gr°~s'total lc ~s (b~n~o c,,ller) VFW VETERANS OF FOREIGN WARS OF T~E d S CHAMBERLAIN-GOUDY POST NO 5113 Mound, Minnesoto .55364 TOI All Employees FROM~ Club Manager DATEt Nov. l~, 1992 REI Serving Alcohol to customers The purpose of this memorandom is to set forth new policies, existing policies, and/or modifications of the same regarding the service of alcohol to customers. It is important that each employee understand and adhere to these policies. ~e must as individuals and as am organization act with responsibility and in accordance with the law. It is our sincere tesire that each of you receive this memorandom in the spirit in which it is intended. It is without question that it is to everyone's benefit that we all become more conscience of our responsibilities regarding the service of alcohol to our customers. 1. Absolutely no person under the age of 21 years shall be allowed in the bar after 4~oopm. This includes the children of the members. They are only allowet during l~nch hours for up to one hour' within the company of a parent. 2. The entrance doors to the club are to remain locked. A customer may gain entrance only by the bartender activating the lock system. As you may recall, the doors previously were locked but allowed to be unlocked during special occasions as requested by some club members. This will no longer be the club policies. 5. All employees responsible for serving liquor shall be required to complete the "BEST" Program "Liqour Liability and the server" video educational course. A written test ~n the subject will be required and each person taking the test,must pass the program before beginning employment at the VF~. 4. Customers who appear of questionable legal age will be required to show a Minnesota Drivers licence and identifing photo. This will be required before being served any beverages in the club. Liquor servers must pay special attention to customers so they do not serve customers who are in an obviously inebriated condition. In an effort to better our policies, the Oommander and myself met with Mound Chief of Police Leonard Harrell to discuss these policies. This was instrumental in not only modifying some of our old rules, but also initiating random police walk-throughs which we hope will assist all of us in our efforts. OF FOREIGN WARS OF THE UNITED STATES VFW VETERANS OF FOREIGN WARS OF '~E U S CHAMBERLAIN-GOUDY POST NO Mound, Minnesota 55364 Nov. 15, 1992 Page 2 As you are all aware, it is our greatest concern to serve customers and provide them with good food, beverage, entertainment value, fellowship and a friendly atmosphere. However as I am sure you all agree, it is equally important that we as individuals and as an organization act with responsibility in the service of alcohol to our customers° If you have any suggestions or Questions, please don't hesitate to ask me. Thank you for your ooncern and cooperation. Pat~iqk B. $~vis VETERANS OF FOREIGN WARS OF THE UNITED STATES For March 23, 1993 Council Meeting March 19, 1993 WESTONKA MDA requests the following License for March 27, 1993 along with the FEE BEING WAIVED. Approval contingent upon all required forms, insurance, approval of Police Chief Harrell and where necessary the appropiate department. Public Dance Permit Fund Raiser for Westonka MDA Held at: Mound VFW #5113 8:00PM to 12:30PM __~_$25.00 Day - Single Dance _$200.00 Yr.- Annual Dance Date of Single Dance License Year Annual Dance CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC DANCE PERMIT APPLICATIOL EVENT: ' ~ ..' . , LOCATION OF DANCE: TYPE OF DANCE ~ TIME PERIOD OF DANCE: ~.'O O ADDRESS: HOME PHONE wok PHONE HOME PHONE Date Department ADDrOval/Denia] (Submit memo if dentedf Police Dept.~Denig~ Adm. Bldg. Dept, - Fire Dept. - BILLS March 23, 1993 BATCH 3023 BATCH 3032 TOTAL BILLS $366,555.07 440,596.59 $807,151.66 RESOLUTION NO. 93- March 23, 1993 RESOLUTION ~PPROVING AN ~PPLICATION FOR EXEMPTION FRO~ L~WFUL GAHBLING FOR THE ~ESTONI~ ~RE~ CHANBER OF COI~IERCE - ~UNE ~9~ ~993 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves the Exemption from Lawful Gambling License application for Westonka Area Chamber of Commerce for a raffle on June 19, 1993. ,, I I I I jcO ,","1 o 0 Z · h, 0 Z S S ,-.~Z Z L~ Z 0 Z 0 0 I r~ I .J Z "1 Z Z C~ 0 Z ~j-~ C) -r. I · GENERALFUND Taxes Intergovernmental Business Licenses Non- Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue tOTAL REVENUE FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND BUDGET 1,217,590 860,500 3,260 CITY OF MOUND 1993 BUDGET REVENUE REPORT FEBRUARY lgg3 FEBRUARY YTD REVENUE REVENUE VARIANCE 0 0 (1,217,590) 29,047 29,047 (831,453) 286 670 (2,590) 69,500 2,074 6,115 48,750 1,159 1,403 65,000 4,775 4,775 12,390 950 2,479 58,500 343 393 2,335,490 38,634 44,882 244,200 12,199 61,816 113,550 3,313 6,676 1,200,000 78,164 165,980 350,000 26,509 53,708 650,000 52,384 106,324 4,200 200 200 73,280 33,797 41,877 (63,385) (47,347) (60,225) (9,911) (58,107) (2,290,608) (182,384) (106,874) (1,034,020) (296,292) (543,676) (4,000) (31,403) rev- 93 16.67% PERCENT RECEIVED 0.00% 3.38% 20.55% 8.80% 2.88% 7.35% 20.01% 0.67% 1.92% 25.31% 5.88% 13.83% 15.35% 16.36% 4.76% 57.15% 03/17/93 G.B. CITY OF MOUND 1993 BUDGET EXPENDITURES REPORT FEBRUARY 1993 exp-93 16.67% GENERAL FUND Council Promotions Cable TV City Manager/Clerk Elections Assessing Finance Computer Legal Police Civil Defense Planning/Inspections Streets Shop & Stores City Property Parks Summer Recreation Contingencies Transfers GENERAL FUND TOTAL FEBRUARY YTD PER CENT BUDGET EXPENSE EXPENSE VARIANCE EXPENDED 57,500 2,602 19,118 38,382 33.25% 2,000 0 83 1,917 4.15% 1,380 116 116 1,264 8.41% 170,380 12,712 22,782 147,598 13.37% 2,140 10 1,706 434 79.72% 46,550 145 230 46,320 0.49% 145,900 10,383 17,214 128,686 11.80% 24,000 3,494 10,990 13,010 45.79% 79,000 1,976 7,069 71,931 8.95% 779,200 63,721 116,116 663,084 14.90% 4,000 (680) 226 3,774 5.65% 138,440 9,953 14,976 123,464 10.82% 406,750 51,893 67,843 338,907 16.68% 17,100 159 399 16,701 2.33% 97,160 7,263 10,272 86,888 10.57% 174,340 8,281 13,076 161,264 7.50% 33,100 0 0 33,100 0.00% 10,000 276 276 9,724 2.76% 136,840 10,243 20,486 116,354 14.97% 2,325,780 182,547 322,978 2,002,802 13.89% Area Fire Service Fund Recycling Fund Liquor Fund Water Fund Sewer Fund Cemetery Fund Docks Fund 244,200 21,233 47,033 197,167 19.26% 99,350 8,663 19,037 80,313 19.16% 194,620 22,668 32,086 162,534 16.49% 358,190 27,944 42,713 315,477 11.92% 761,350 68,557 120,252 641,098 15.79% 4,790 855 855 3,935 17.85% 55,440 4,170 4,477 50,963 8.08% 03/17/93 G.B. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MARCH 8, 1993 Those present were: Chair Bill Meyer, Commissioners Geoff Michael, Frank Weiland, Michael Mueller, Bill Voss, Jerry Clapsaddle, Mark Hanus, and Brian Johnson, City Council Representative Liz Jensen, Building Official Jon Sutherland, and Secretary Peggy James. The following people were also in attendance: Dennis Erickson, Patrick Andre, Ray Mattsen, and David Carlson. MINUTES The Planning Commission Minutes of February 22 1993 were presented for approval. ' MOTION made by Wei}and, seconded by Clapsaddle to approve the Planning Commxssion Mxnutes of February 22, 1993 as written. Motion carried unanimously. CASE f91-005: ~ILL VOSS, 4608 KILDARE ROAD, LOT 6, BLOCK 11, BETON, PID #19-117-25 21 0028. VARIANCE EXTENSION. Building Official, Jon Sutherland, explained to the Commission that the applicant,s house has not sold yet, and therefore, has not been able to begin construction of the proposed house for which a variance was granted. Staff recommended that an extension be granted. The Planning Commission confirmed with the applicant that no changes have been made from the original plan. MOTION made by Weiland, seconded by Michael to recommend that the variance extension be granted. Motion carried unanlmously. This request will be heard by the City Council on March 23, 1993. CASE #93-004: DAVID CARLSON, 5860 IDLEWOOD ROAD, LOT 4 & E 1/20~ LOT 5, BLOCK 1, T~E HIGHLANDS, PID f23-117-24 42 0014. VARIANCE. Building Official, Jon Sutherland, reviewed the applicant,s request for a variance to allow construction of a conforming 12' x 12' addition. Part of the applicant's plan is to remove the dilapidated front portion of the dwelling and do some interior alterations. With removal of the dilapidated front portion of the home, the front yard setback encroachment will be reduced by 10.5 feet resulting in a variance request of 2.5 feet to the required 30 foot front yard setback. Recognition of the existing nonconforming garage setback of 2 feet is also required. Planning Commission Minutes March 8, 1993 Sutherland referred to a letter written by him on December 2, 1992 relating to the conditions of the structure and his inspection notice dated June 26, 1992. Sutherland noted the proposed resolution for Case #92-036 which was withdrawn. Staff recommended that the Planning Commission recommend approval of the variance request to allow construction of a 12' x 12' conforming addition onto the west side of the existing nonconforming dwelling, and allow the interior improvements and alterations as shown on the plans submitted by the applicant, upon the condition that the dilapidated nonconforming portion of the dwelling as shown on the applicant's site plan as Phase I be removed prior to any construction activity on the proposed addition and a Certificate of Occupancy be required prior to any occupancy. Michael was concerned about the condition of the entire structure. It was noted that the finished structure will be less than the required 840 square feet for a structure. The Building Official confirmed that the minimum building size applies only to new construction. The basement ceiling height was addressed and the applicant stated that he plans to replace the duct work in the basement with smaller ducts which will allow for a 7'3" ceiling height. The applicant stated that he plans to replace three sides of the foundation on the southern half of the structure. Mueller commented that he would like to require an updated survey showing a drainage plan. The Building Official noted that there is a history of water problems in the basement as mold is evident. The Building Official suggested that the items noted in his inspection notice dated June 26, 1992 could be required to be addressed as part of the variance approval. Michael questioned the applicant if the improvements will exceed 50 percent of the value of the existing house, and the applicant replied, "probably, yes." Michael commented that he would like to see some assurance that the corrections will be done. MOTION made by Mueller, seconded by Clapsaddle to recommend approval of the variance to allow removal of the dilapidated front portion of the structure as shown on Phase I of the applicant's plans, interior alterations, foundation repairs, and construction of a 12' x 12' conforming addition, upon the following conditions: Complete all items listed on Inspection Report dated June 26, 1992 to the satisfaction of the Building Official. · Ik i Planning Commission Minutes March 8, 1993 No occupancy be allowed prior to the completion of the project at the discretion of the Building Official. Completion shall include, but not be limited to, the removal of the front dilapidated portion of the house, the replacement of the foundation at the south, east, and west walls of the structure, and construction of the new 12' x 12, addition. 3. A new survey be submitted showing the actual setbacks and a drainage plan prior to building permit issuance· MOTION carried 7 to 2. Those in favor were: Meyer, Michael, Clapsaddle, Hanus, Johnson, Mueller, and Jensen Voss and Weiland opposed. · Voss commented that he his not favor of the request because the structure is too small and he does not feel this proposal is a solution to the problem. Weiland agreed. This case will be heard by the City Council on March 23, 1993. CASE ~93-005: ~0N 2424 AVON DRIVE LOT 1. BLOCK 1 SHIRLEY HILLS UNIT B PID 24-117-24 12 0003. MINOR SUBDIVISION· Building Official, Jon Sutherland, reviewed the applicant,s request for a minor subdivision to create two lots, both of which will be conforming to the existing zoning code provisions. Parcel A, with the existing structure, will have 21,800 square feet of lot area, and Parcel B will have 15,500. Staff recommended approval of the minor subdivision subject to the following conditions: Sanitary sewer and water services either be installed or some type of guarantee provided, such as a cash escrow or performance bond. 2. Final Grading Plan to be approved by the City Engineer at time of building permit application. 3. Cash deposit in the amount of $500 be required to offset any direct outside City expenses. 4. A 10 foot wide drainage easement be established with 5 feet on each side of the proposed east/west dividing line. There was concern expressed that the proposed Parcel A will be large enough to subdivide in the future. The Building Official noted that the existing house is a substantial structure and its location on the lot would not be conducive to allowing a subdivision. It was also noted that the revised zoning code requires 60 feet of lake frontage and Parcel A will only have 80 Planning Commission Minutes March 8, 1993 feet of lake frontage, therefore, reducing the possibility of a subdivision in the future. MOTION made by Voss, seconded by Clapsaddle, to recommend approval of the minor subdivision as recommended by staff. MOTION carried unanimously. It was suggested that as few trees as possible be removed during construction · This case will be heard by the city Council on March 23, 1993. CASE ~93-006:. PATRICK ANDRE FOR FREEDOM OIL / HARRISON BAY MOBIL, 4831 SHORELINE DRIVE, LOTS I TO 4, 20 & 21, BLOCK 1, SHIRLEY HILL~ UNIT ]~, PID ~13-117-24 44 0014 · CONDITIONAL USE PERMIT (AMENDMENT) - Building official, Jon Sutherland, reviewed Mark Koegler's Planning Report. The applicant is seeking modification of an existing conditional use permit to allow the sale of used cars. The proposal calls for the ability to sell five vehicles on the site. The vehicles will be parked along the west property line facing east. In addition to the proposed use, the existing conditional use permit allows the following activities on the property: motor fuel station, minor automotive repairs, valve jobs, tire repairs, service maintenance on automobi les, gas welding, a vehicle impoundment area, and sales of small miscellaneous fishing tackle and live bait. Visual impact to the area and the fact that this property is at one of the primary gateways to the City was addressed. Staff recommended that if the Planning Commission finds that the proposed use is appropriate at this location, the conditional use permit should be modified with the stipulation that the vehicles be limited to no more than five and that their location should be as proposed on the plan. If the Commission determines that the proposed use is not appropriate, a finding should be rendered that it is inconsistent with the intent of the B-2 zone, it is inconsistent with the Criteria for Granting Conditional Use permits, and that it is also inconsistent with ongoing efforts to improve the aesthetics and function of Mound's commercial business. The applicant, Pat Andre, explained to the Commission that the reason for the request is to supplement income for the business as auto repair fluctuates. Mr. Andre stated that the vehicle impoundment and sales of small miscellaneous fishing tackle and live bait are not in use and have not been in use since they moved in. The vehicle impoundment area was discussed and it was noted that there are a few cars stored occasionally within the fence when they are waiting to be fixed. 4 Pl~nn£ng ¢o~i~sion ~inute~ March 8, 1993 There was concern expressed about the visual impact of "for sale" signs painted on the cars for sale, and what it will look like. Chair Meyer opened the public hearing. There being nobody present to speak on the issue, Chair Meyer closed the hearing. The Commission questioned if they should be examining the existing conditional use permits on the property, and if so, maybe they should remove the conditional use permits for vehicle impoundment area and sale of fishing tackle and bait. It was determined that the Commission will only review the proposed conditional use permit, but requested staff to research the application of the previously issued conditional use permits and how they affect this request. It was noted that a variance was issued for the fence and therefore it could remain. Meyer commented that he would prefer to see only 3 or 4 cars for sale. It was questioned where other cars would park when waiting to be worked on. It was suggested that the fence at the west end of the building could be moved back to allow for more parking. The applicant was in favor of moving the fence. MOTION made by Weiland, seconded by Mueller to recommend approval of the amendment to the Conditional Use Permit for Harrison Bay Mobil to allow an Open Sales Lot upon the condition that no more than five (5) cars be for sale at one time and they be parked in the location noted on the site plan. Also that all future signage conform to City Code, except for the free standing Mobil sign which has already received a variance. MOTION carried 7 to 2. Those in favor were: Michael, Hanus, Johnson, Mueller, ross, Weiland and Jensen. Clapsaddle and Meyer opposed. Clapsaddle was opposed as he feels the site is inappropriate for the proposed use. Meyer would be in favor of allowing three cars but not five. , A Public Hearing will be held by the City Council on April 13, 1993. pROPOSED TRUTH IN HOUSING ORDINANCE REVIEW. The Planning Commission decided to table discussion on this item to allow time for further study of the Housing Evaluators Guide and Housing Disclosure Report form. The zoning portion of the proposed ordinance will be reviewed when the housing portion is done. Planning Commission Minutes March 8, 1993 CITY COUNCIL REPRESENTATIVE'S REPORT Liz Jensen reviewed the City Council meeting of February 23, 1993, and highlighted that the Zoning Code Modifications were approved. The Commission requested Liz find out about variance extensions and when the new ordinance will apply. MOTION made by Weiland, seconded by Voss, to adjourn the meeting at 10:06 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: 6 B MINUTE.q OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION MARCH 11, 1993 Present were: Commissioners Lyndelle Skoglund, Brian Asleson, Tom Casey, Marilyn Byrnes, Mo Mueller, and Carolyn Schmidt, Council Representative, Andrea Ahrens; Parks Director, Jim Fackler; Dock Inspector, Tom McCaffrey, and Secretary, Peggy James. Commissioners Shirley Andersen and Steve Kirshbaum were absent and excused. MINUTES. MOTION made by Casey, seconded by Byrnes, to approve the Park and Open Space Commission Minutes of February 11, 1993 as written. Motion carried unanimously. Ahrens asked if the Commissioners received a copy of the EAW form as discussed by the City Council on the Teal Pointe issue. It was noted that they did not. The Secretary copied and distributed a copy of the blank EAW form. Ahrens noted that the City Council has agreed that the Park Commission should receive a copy of the completed EAW form for Teal Pointe. ~EVIEW PROPOSAL FOR SUMN_~R 1993 PARKS AND WESTONKA COM)IUNITY EDUCATION AND SERVICES. BEACH PROGRAM WITh Jim Glasoe, Recreation Coordinator for Westonka Community Education and Services reviewed the proposed parks and beach programs for 1993. Beginning with the Lifeguard Program, Glasoe reported that there is little change proposed. The budget was reviewed. There were no specific comments from the Park Commission. Reviewing the Parks Program, Jim requested a little flexibility with Park Program Locations. This year they have included Belmont Park into the program, as last year they tried the program at the Community Services building, however, due to high demand moved the service back to Belmont Park. The evening program at Mound Bay Park on Tuesday and Thursday evenings did not receive as much participation last year as expected, there were people in the park, but they did not participate in the program. Glasoe highlighted that the Youth Center is doing very well with approximately 70 kids attending in one evening. The Youth Center will be open 2 nights per week during the summer, and they hope to organize some special events utilizing the Pond Arena, such as rollerblading. MOTION made by Asleson, seconded by Byrnes to recommend approval of the proposed 1993 Summer Parks and Beaches Program. Motion carried unanimously. Park and Open Space Commission Minutes March 11, 1993 "CELEBRATE SUMMER" "Celebrate Summer" is the name of a newly proposed program which will offer special events at Mound Bay Park on the 4th Sunday of each month in the early evenings. The Committee organizing the program includes Park Commissioners Marilyn Byrnes, Brian Asleson, and Carolyn Schmidt, in addition to representatives from Community Services and the Youth Program. The next Committee meeting was scheduled for Tuesday, April 6th at 7:00 p.m. at the Community Education offices. The Committee is currently working on funding and hoping to receive support from local organizations. Suggested themes for the special events include: May: June: July: August: An ice cream social with a barber shop quartet, Patriotic - maybe get the Minneapolis Police Department band. Country dance exhibition. Back to school. The Commission discussed the need to get approval from the City Council in order to solicit funds. They hope to get volunteers to help out with the events. Andrea Ahrens, Council Representative, confirmed that she will discuss this issue with the City Council at the next COW meeting. MOTION made by Asleson, seconded by Schmidt to recommend to the City Council that the City of Mound co-sponsor with Westonka Community Education and Services a series of four special events in the city parks, entitled "Celebrate Summer" with the intent as outlined in these Minutes of a Meeting dated March 11, 1993. NATURE CONSERVATION AREAS PLAN UPDATE. The letter from Mr. Koegler that was in the packet was reviewed. The final draft of the NCA Study is proposed to be available at the April Park and Open Space Commission Meeting. DISCUSS THEME FOR 1993 PARKS TOUR AND SITES TO VISIT. After a short discussion, it was determined that each Park Commissioner should chose a couple of sites they would like to visit on the tour and submit them at the April meeting. LMCD Representatives Report. In reference to the light issue at Highland End Park, the Parks Director noted that they will be trying to redirect the light one more time. I I i Park and Open Space Commission Minutes March 11, 1993 .City Council Representative's Report. Andrea Ahrens reviewed with the Commission the status of the Teal Pointe EAW. Park Director,s Report. Jim Fackler reported that the riprap projects on Devon Commons and Black Lake are now complete and the cattails have been removed from the Jennings Cove area. Dock Inspector,s Report. Tom indicated that to-date there are 26 people on the waiting list for docks, these are all new applicants. ~doDt a Green Space. Marilyn Byrnes reported that a Kick-Off meeting is scheduled for April 15th, in the evening. Casey suggested that the Adopt a Green Space Committee promote that neighborhoods adopt city lots. MOTION made by Ahrens, seconded by Casey to adjourn the Park and Open Space Commission Meeting at 8:06 p.m. Motion carried unanimously. REDISTRICTING BATTLES ARE UNNECESSARY Richard Smolka, Editor Election Administration Reports If city councilmen and state legislators ever wonder why so many Americans believe politicians are out only for themselves and all politicians are crooked, they need look no further than the method by which "representative" districts are drawn. The self-sacrificing incumbent who pays no attention to districting may be close to extinction. The districting procedures in the United States are the most litigious, expensive, time consuming and peculiar in the entire world of representative government. Even worse, in the name of representative government, it goes a long way toward undermining the principle of representative democracy by keeping citizens confused about what district they live in and who their representatives are. Persons who draw the maps often don't even try to make the districts compact. To the casual observer, the redistricting process is one in which incumbents strive mightily to carve out for themselves the safest district possible and to give their own party the greatest advantage while attempting to meet well-intentioned but impossible mathematical standards of equality. This is further complicated by various recial and ethnic objectives of which are required by the Voting Rights Act. Census numbers are now available in a form that can be handled by personal computers. As matters stand almost anyone can get into a districting game in which the pos,~'bilities are almost limitless. The result is now being seen in cities, counties, and state all over America. Derrxxjraphic and political experts hired by the councils, state legislatures and political parties are becoming wealthy. Lawyers who specialize in redistricting can charge whatever the traffic will bear-- and legislators can be most generous with public funds. The process usually ends up in the courts delaying other matters far more important to litigants. Appeals of trial courl decisions continue indefinitely. No other country engages such a wasteful ritual. Almost any other western democracy has a representative system which is more flexible, arguably every bit as representative, and far more understandable to the average citizen. Our system, however, is highly individualistic, making every incumbent dependent for survival on his own ability to ensure that his district is packed with voters who favor him and his party. Reform possibilities are endless. As a starter, municipal and county boundaries could be honored. Although the courts now seem to require mathematical equality, variations based on jurisdictional lines and communities of interest can be justified. Single-member districts can be scrapped in favor of multi-member 19 districts. Other electoral possibilities exist. District systems can be scrapped in favor of various proportional representational systems. Greater party flexibility to nominate candidates and an option for candidates to seek office outside the district of residence also would ease the pressure on each and every incumbent. Ironically, our courts still seem to focus myopically on absolute numerical equality based on census data which even the census regards as having a degree of error. Even if perfectly equal at the time they are drawn, districts rapidly become unequal in population due to natural development and migration. The Canadian standard of 25% plus or minus from district to district may be too great for American tastes but surely some flexibility would help. This is not a situation where there must be a better way. It is one in which almost any other known way is better. It is not too difficult to meet a general standard of political equality, community of interest, compactness, and yet protect minority voting rights. Commissions composed of community minded individuals without party or candidate interest, given standards, can do the job. Redistricting only becomes expensive and time consuming when the politicians dig in to protect their own turf no matter what the cost to the public and when courts mandate, all too frequently, mathematically absurd standards under the guise of "equal representation." [~ P'U'B'L'I'$'H.I.N.G C'O'M'P'A.N.Y Quality service and competitive cost for a growing number of local government users. Code book and general text automation: unmatched speed and ease of use on desktop computers. · Supplements · ReprintsFO L I O · Code Indexing INFOBASE · Legal Analysis Management · Record Retrieval Software · Text Automation · Electronic Publishing · Code Publishing Company Telephone 206-527-6831 or 800-551-2633 · P.O. Box 51164 IIMC News Digest--March 1993 · I 1993 City of Mound Shoreland Workshop DOCK PROGRAM SHORELAND REGULATIONS COMMONS/PUBLIC LANDS ATTENTION REALTORS AND OTHER INTERESTED PARTIES: YOu are invited to an informal meeting to learn about the. Mound dOck Program, shoreland regulati°ns, and Commons/pubhc lands regulations on Lake Minnetonka. WHO WILL BE THERE? Representatives from the DNR, Minnehaha Creek Watershed District, LMCD, Mound City Council, and other City staff. What are Commons? What is Public Shoreland? What restrictions apply to Commons/Public Shoreland? Public Shoreland Regulations. Services Available. March 25, 1993 fThursday) 10:00 a.m. to 12:00 noon (9:30 a.m. Coffee and Social) Mound City Hall 5341 Maywood Road RSVP: Peggy or Linda 472-0600 a I i LAKE MINNETONKA CONSERVATION DISTRICT LAKE USg AND RECREATION COMMITTEE R~'b MAR 1 8 'i~3 AGENDA Monday, March 22, 1993, 4:30 PM Norwest Bank Building, 900 E. Wayzata Blvd, Room 135 (Elevator access for Handicapped; use west entrance on Wayzata Blvd.) 1. Special Events: A. New Special Event License Application; Silverado Pro Am Classic Crappie Tournament, Lake Minnetonka, 5/8/93 recommending approval with attached stipulations B. Renewal Special Event Licenses; informational only C. Second reading of an ordinance amending LMCD Code Sect. 3.09', Subd. 1,2,3 & 4, to allow the executive director to issue new Special Event licenses D. Deposit Refund @ $100 - Westonka Winterfest, 2/13/93 2. Wine and Beer License Renewal Applications; recommending approval subject to liquor liability insurance being in place, and to Charter Boat Registration being issued A. Paradise Princess, by David Lawrance B. A1 & Alma's I,II,III, VI, X, XI, XII, by Merritt Geyen C. Exelsior Park, by Phil Weber 1) Refund balance of preliminary investigation fee 3. Liquor License Renewal Application with Sunday Option for Queen of Excelsior "QE", by John Lambin; recommending approval subject to Charter Boat Registration being issued 4. Navigational lights at Narrows Channel; 3/5/93 letter from D. Bailey, Hennepin County Lake Improvement regarding time schedule for lights to be activated; staff recommending from ice-out until fall freeze 5. Review of practice for marking intentionally made open water holes in lake ice, per 3/9/93 letter from executive director to Water Patrol 6. Decibel Subcommittee-discuss publicity for 5/25/93 testing date 7. Water Patrol Report A. Monthly Activity Report 8. Additional business A. Purchase PFD whistles 3/15/93 HENNEPIN IL DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 4'17 North Fifth Street Minneapolis, Minnesota 5540 '1- '1309 Phone: (612) 348-6846 FAX: (612] 348-8532 II[C'O MAR 1 8 1993 March 16, 1993 Mr. Edward J. Shulde City of Mound 5341 Ma)wood Road Mound, MN 55364 Dear Mr. Shukle: Since 1989, Hennepin County has utilized a solid waste tip fee as a method for raising revenue to pay for environmental programs which benefit our residents and allow for compliance with State mandates. The tip fee of $95 pays for: 1) Processing costs at the HERC and NSP-Elk River facilities 2) Costs of operating three transfer stations 3) Residential recycling and yard waste programs 4) Household hazardous waste programs 5) Commercial hazardous waste inspection programs The County Board passed Resolution 93-3-179R1 on March 9, 1993, setting a public heating for March 25, 1993, at 10:00 a.m. on A-2400 of the Hennepin County Government Center, to discuss and receive input on alternative financing methods. If you are unable to attend this first heating, written comments will be accepted until March 25. Attached is a list of methods which have been considered to date as other options for financing environmental programs. ~J~'et Leick Director Attachments c: Commissioners Robert Hanson Vern Genzlinger !151 HENNEPIN COUNTY an equal opportunity employer ENVIRONS~ENTAI, PROGRAM FINANCING ALTERNATIVF~ Ad Valorem Property Tax Programs are funded by the general property tax levy. Ilo Environmental Service Fee - Property Tax Statement A service fee is assessed against all improved parcels (residential, commercial/industrial, tax exempt) and billed on the property tax statement as a separate line item. The service fee would initially be set as a flat fee per parcel, differentiated only between property classifications considered. me Environmental Service Fee - Hauler Collected Service Fee Haulers are required, as a condition of license, to collect an additional amount (service fee) based on a flat rate and/or a specified percentage of each Haulers total receipts from their residential and/or commercial customers in Hennepin County, and remit it to the County on a periodic basis. Organized Collection The County requires cities to implement organized collection for residential and/or commercial waste. Under this alternative, the city requires the hauler to deliver waste collected to County facilities. Ve Contracts With Haulers County contracts with haulers to bring waste into the County system. The rate may vary based on the terms of the agreement such as length or volume. VI. User Fee Require hauler, as a condition of license, to provide certain program services such as recycling and yard waste pick up. Hauler would pass this cost on to their customers. VH. Program Expenditures Reduced to Level of Outside Funding Reduce program expenditures such as recycling grants to municipalities to the level of state funding, such as SCORE revenue or eliminate some programs. RESOLUTION NO. 93-3-179R1 The following r~solution was offered by Co~missioner Johnson, seconded by Commissioner Andrew: BE IT RESOLVED, that the Hennepin County Board of Commissioners directs staff to establish a public hearing on March 25, 1993 at 10:00 a.m. before the Public Services Committee, to allow for public input concerning financing methods for environmental programs, and discussion of which program levels should be maintained. The question was on the adoption of the resolution and there were S~v~n YEAS and No NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Mike Opat X Sandra Hilary Peter McLaughlin Randy Johnson John Keefe X Emily Anne Staples Mark Andrew, Chair RESOLUTION ADOPTED. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 March 22, 1993 TO: FROM: BUBJECT: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGER REQUEST FROM COUNCILMEMBER AHRENS - LEGAL COSTS ASSOCIATED WITH DEAN HANUS V. CITY OF MOUND Councilmember Ahrens discussed with me recently a call she received from someone asking how much the City of Mound has incurred with regard to the litigation that is going on with Mr. Dean Hanus. I went back through the files to look to see what we have incurred and my files indicate that since April 1, 1992 the following costs have been paid to the Wurst, Pearson, Larson, Underwood and Mertz Law Firm: Professional Services rendered from April 1, 1992 through June 30, 1992. P~ofessional Services rendered from July 1, 1992 through September 30, 1992 Professional Services rendered from February 1, 1993 to February 28, 1993 Total $1,925.00 $3,779.00 $6,784.00 I have not broken down any of the staff costs in terms of preparation for court or other hours that ha ~ta~f on. this matter. The above c--~ .... v~ ~en_spent by city Dy the Clt and ' .._ v~.~re_strlc~ly legal incurre If you ha~vYe a paid t? the ~lty's civil an~ prosecutin atto d ny questions leas g rneys. , P e contact me. ES:ls printed on recycled paper LAKE HINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM - Public Hearing 7:30 PM - Regular Meeting Wednesday, March 24, 1993 MAR 2 2 1993 Tonka Bay City Hall, 4901Manitou Road (County Rd 19) 7:00 PM - PUBLIC HEARING Boulder Bridge Farm Homeowners Assn. of Shorewood, South Upper Lake, new multiple dock license application to move six boat storage units from the lagoon to the dock on South Upper Lake, increasing storage from 10 to 16 boats on the main lake. 7:30 PM - REGULAR MEETING CALL TO ORDER ROLL CALL CHAIR ANNOUNCF~4ENTS, Vice Chair Penn for Chair Cochran READING OF MINUTES - 2/24/93 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda COMMITTEE REPORTS WATER STRUCTURES, Chair Babcock Approval of minutes, meeting of 3/13/93 B. West Point Homeowners Assn., Lafayette Bay, Tonka Bay, recommending approual of Multiple Dock License application with Findings as presented. C. Multiple Dock Licenses renewals without change, recommending approval, village certificates approved, fees fully paid, per 3/13/93 minutes listing, para. 2.A.1. D. Multiple Dock Licenses renewals without change with Orders Stipulations, subject to village certificates approved or time expiring, fees to be paid in full, per 3/13/93 minutes listing, para 2.A.2. E. Multiple Dock Licenses renewals without change with fees due to be paid by 3/31/93, licenses to be withheld until after full payment received, subject to village certificates approved or time expiring, per 3/13/93 minutes listing, Para 2.A.3. F. Renewals without change, with special conditions: 1) Excelsior Park Tavern, Excelsior Bay, Excelsior, Multiple Dock License renewal without change for 1993 recommending approval with amenities furnished as submitted, subject to receipt of village certificate or time expiring. LMCD Board of Directors Meeting, Agenda, 3/24/93, P. 2 2) Foxhil] Homeowners Assn., Smiths Bay, Orono, Multiple Doc~ License renewal, recommending approval of supplemental site plan for renewal without change, showing installation if 8 cf 13 slips with slip ~1 relocated. Ge 3) Minnetonka Boat Works, Browns Bay and Tanager Lake, Orono, and Wayzata Bay, Wayzata, Multiple Dock License renewals without change recommending approval subject to amenities as stipulated, fees paid in full by 3/31/93 and receipt of village certificate or time expiring. New Multiple Dock Licenses with Minor Changes: 1) Excel Marina, formerly St. Alban's Bay Marina, St. Alban's Bay, Excelsior, recommending approval with name change, fees paid in full by 3/31/93, and receipt of village certificate or time expiring. 2) Gideons Point Homeowners Association, Gideons Bay, Tonka Bay, recommending a Public Hearing to consider a new doc]: license application with required fees at 7:30 am, 4/]0/93, at the Water Structures Committee meeting as a result of significant change in dock configuration, unless aqreem~k is. otherwise reached with all interested parties to ~ recommendation without objection to the Board 3) Libbs Lake Boat Club, Libbs Lake, Minnetonka, recommendin approval with a minor change of name and reduction of one BSU, not recoverable, subject to fees due paid by 3/31/97. 4) Sandy Beach Place, West Arm, Orono, recommending approval with minor change of reduction of one BSU, fees due paid by 3/31/93 and village certificate approved or time expiring. 5) Wayzata Yacht Club Site 1, Wayzata Bay, Wayzata, recommending approval of converting two mooring buoys to two slips, subject to fees paid by 3/3]/93 and village certificate approved or time expiring. 6) Wayzata Yacht Club Site 1, recommending approval of DMA license with change from 22 buoys to 20 buoys as converted in item 5 above. 7) Cardinal Cove Beach Assn., Halstead Bay, Minnetrista, recommending approval with minor change subject to written notification of association members by 3/24 Board meeting. Lakeside Marina recommendation that the Board impose conditions of LeFevere letter of 3/5/93 when multiple dock license application is received for renewal. Resolution 86, setting fees for new dock licenses, recommenJ~ approval of changing the Watercraft Storage Unit (WSU) $15 to $10 per WSU. t I I I, i LMCD Board of Directors Meeting, 3/24/93, P. 3 LAKE USE AND RECREATION, Chair Foster A. Approval of minutes, meeting of 3/22/93, (to follow). B. Special Event New License APplication, Silverado Pro Am Classic Crappie Tournament of 5/8/93, as recommended. C. Second reading, Ordinance amending Code Sect. 3.09, Subd. 1, 2, 3 & 4 authorizing executive director to issue new Special Event licenses. D. Deposit refund of $100, Westonka Winterfest, as recommended. E. Wine and Beer License renewal applications, as recommended subject to valid liquor liability insurance and charter boat registration being issued, to include refund of balance remaining on preliminary investigation fee: 1) Paradise Princess, David Lawrance 2) A1 & Alma's I, II, III, VI, X, XI, XII, Merritt Geyen 3) Excelsior Park, Phil Weber F. Liquor License renewal application, Sunday Option for Queen of Excelsior, John Lambin, subject to charter boat registration being current, as recommended. G. Purchase of PFD whistles from Save the Lake fund for Water Patrol and LMCD distribution as recommended. H. Additional business LAKE ACCESS COMMITTEE AND LAKE ACCESS TASK FORCE, Chair Grath~ol A. Lake Access Committee progress report. B. Lake Access Task Force report of 3/18/93 and progress of subcommittees on Access Agreements, siting. ADMINISTRATIVE COMMITTEE, Chair Carlson A. Approval of minutes, meeting of 3/11/93 B. Communication to cities on Staggered Terms per draft letter, recommending approval. C. Additional business ENVIRONMENT, Chair JoEllen Hurr A. Approval of minutes, meeting of 3/9/93 B. Additional business EURASIAN WATER MILFOIL TASK FORCE, Chair Tom Penn ' A. Approval of minutes, meeting of 3/19/93, (to follow) Employment agreement for EWM Operations project manager, recommending Robert Pierce. C. Budget presentation for !993 operations program. LMCD Board of Directors Meeting, Agenda, 3/24/93, P. 4 7. FEE STUDY COMMITTEE, Chair Scott Car]son A. Approval of minutes, meeting of 3/9/93 B. Progress on staff time study. C. Progress on review of multiple dock related activities in Purpose Statement, items 5 through 8. D. Additional business. FINANCIAL REPORTS, Treasurer Scott Car]son 1. February Statement of Cash Transactions 2. Audit of Vouchers for Payment 3. 1992 Fiscal Year audit per Babcock, Langbein and Co. 4. 1993 Budget amendment recommending inclusion of a Save the Lake revenue and expense account of $10,000.00 for each item to reflect activity in Save the Lake program activities not otherwise budgeted. EXECUTIVE DIRECTOR REPORT, Gene Strommen 1. Personnel report on changes in administrative staff: A. Employment of Janet Briner as clerk to replace Carol Avant, Avant's resignation effective 3/29/93. B. Notice of resignation of Administrative Secretary/Bookkeepel Lisa Bird, and plans to advertise for a replacement. UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT ~, I I I I LAKE MINNETONKA CONSERYATION DISTRICT Regular Meeting 7:30 PM., Wednesday, February 24, 1993 Tonka Bay City ltall MAR 2 2 CALL TO ORDER The regular meeting of the LMCD Board of Direc- tors was called to order by Acting Chair Carlson at 7:30 PM. ROLL CALL Members Present: Scott Carlson, Treasurer, Minnetrista: Bert Foster, Deephaven; James Grathwol. Excelsior; Wm. Johnstone. Minnetonka: Thomas Reese, Mound; JoEllen Hurt, Orono; Robert Rascop, Shorewood: Douglas Babcock, Secretary, Spring Park: Robert Slocum, Woodland. Also present: Charles LeFevere, Coun- sel; Sgt. Wm. Chandler, Sheriff's Water Patrol; Rachel Thibault. Administrative Technician: Eugene Strommen, Executive Director. Members Absent: David Cochran, Chair, Greenwood: Mike Bloom, Minnetonka Beach: Tom Penn, Vice Chair, Tonka Bay: George C. Owen, Victoria; Duane Markus, Wayzata. CHAIR ANNOUNCEMENTS Carlson had no announcements to make. READING OF MINUTES Babcock asked for a review of the tape of the 1/27/93 meet- ing for a clarification of his comments regarding the two way traffic in the channel proposed for dredging at the Carlson Real Estate property. MOTION: Rascop moved, Hurt seconded, to approve the minutes of the 1/27/93 meeting as submitted. VOTE: Motion carried unanimously PUBLIC COMMENTS There were no comments from persons in attendance regarding items not on the agenda. COMMITTEE REPORTS 1. WATER STRUCTURES COMMITTEE, Chair Babcock A. Minutes - Babcock moved, Grathwol seconded, to approve the minutes of the Water Structure Committee meeting of 2/13/93 as submitted. Motion carried unanimously. B. Non-encased Molded Polystyrene Foam Prohibited in Float- ing Structures The Board received a draft ordinance prohibiting the use of non-encased molded expanded bead polystyrene foam (foam) material in buoys and floating structures on Lake Minnetonka; amending LMCD Code Sect. 2.12 Subdivision 4 and adding new Section 2.12, Subdivision 13. Chandler said he will supply the Board with a report on the number of temporary structures on the Lake, including buoys. LMCD BOARI) OF I)IRECTORS February 24, 1993 Johnstone questioned the 4/15/95 effective date for removal of foam material from docks, swimming platforms and other struc- tures and the 12/31/97 date for removal of buoys using the foam. Babcock said concerns were expressed in that area during the committee discussion. The committee recommendation was based on the logistics of enforcement. There are many buoys on the l.ake used by private individuals. To identify and notify the,n re- quires more time. The immediate problem is fragmentation from commercial docks rather than buoys. In response to a quest ion from Johnstone, Carlson said a buoy costs from $40 to $60. Johnstone responded that he believes 2 to 3 years is enough time to gain compliance regarding all structures and buoys. Grathwol said, in his opinion, it is important to get the problem areas corrected first and to give the less offensive more time. Hurr stated the use of the foam is either a hazard or it is not. She suggested a uniform date with a warning ticket to be issued to the individual buoy owners if notification is a problem. She does not believe there is justification for two classes of user. Carlson suggested any new buoys will have to be encased. Chandler explained that the Water Patrol gives the individu- al buoy users a permanent license which is updated every three years. Babcock noted that Poi lution Control Agency treats the fragmentation as a littering issue and not pollution, lie said the problem areas should be enforced first. MOTION: 6rathwol moved, Foster seconded, to approve the draft of the ordinance amending LblCD Code Sect. 2.12 regarding Non-encased molded polystyrene foam prohibition in floating structures, as submitted, waive the second and third reading, ordering adoption and publication. DISCUSSION: Hurr said she can support the ordinance only if it is equal to all. Babcock said he would not like to see the Ordinance fail. He would entertain a motion to make the dates for compli- ance concurrent. If the ordinance is not passed the problem areas will only continue to get worse. MOTION TO AMEND: Babcock moved, Rascop seconded, to amend the draft ordinance to bring all uses of foam in water structures into compliance by 4/I$/95. VOTE ON AMENDMENT: Motion carried, Grathwol voting nay. VOTE ON MOTION AS AMENDED; Motion carried unanimously. C. Special Density License - Failure to Construct Licensed Docks Within a Specified Time. The Board received a draft of an ordinance relating to the effect on Special Density Licenses of failure to construct li- censed docks within a specified time as amended by the Water Structures Committee. The Committee recommended changing back to the original wording to allow two years from the date of adoption rather than two years from the date the license was issued. effective 11/15/93. · · I · I LI~CI) BO^Ri) OF 1) IRECTORS February 24, 1993 Reese said he is troubled by tile effect of this ordinance RDP Partners. This gives them five years from tile original approval of their Special l)ensity I, icense. The original intc~t was that the RI)P Partners building and docks were to be tile new home for the Upper Lake Minnetonka Yacht Club (ULMYC}. Before vot lng on the Ordinance as it appl les to RDP he would want them to appear before the Board with a full explanation of the UI,MY(¢ relationship to the project. He would also want a comparison with the original minutes. Rascop asked if the ordinance being considered says there is two years from adoption vs two years from the date of original approval. Babcock replied the committee had not recommended a date two years from the original approval. RDP and Excelsior Park Tavern {EPT), the two affected licensees, asked for extension to allow them two years from adoption, rather than the original proposal which stated tile clocks had to started or pleted by 11/15/93 to preserve their rights. Babcock reviewed the Special Density License conditions stating that the RDP building was to be the new home of ULMYC with the provision that the docks would be rented to members of the UL~4YC only. There would be no preference to tenants in the building who were members of [!I,MYC in leasing the slips. In the meant ime, because tile RDP building has not been bui 1 t , tile is operating from its other location in the City of Shorewood with the intent to headquarter at the Spring Park location when the building is constructed. Thibault added that the ULMY{? needs the Spring Park location for its keel sailboats. Rascop said tile City of 8horewood has denied the ULI~IYC a building permit at its Shorewood site and the denial is being litigated. Babcock con- tinued that this Ordinance gives RDP two years to construct their docks and the building needs to be in place to provide amenities. LeFevere commented that currently there are no grounds for revocation of the RDP multiple dock license. The history enforcement around the Lake has been that at t Jmes when l~eopl c have not constructed, they have been al lowed to retain their rights. Reese said bis understanding is that RDP represented thnt the building would be the new home of ULMYC and its problems in 8horewood would be resolved. He did not favor the license in the first place because of added traffic in Spring Park Bay. tlurr said her feeling is that the license was granted because of tile involvement of the ULMYC. If the ULMYC is no longer involved she does not believe the license is valid. Tbibault reported she has talked to RDP and ULI~tYC represen- tatives. The ULblYC intends to use the site when the buildin-o is constructed because of the need for the deep water. The UI~MYC will have its office in the building and RDP intends to provide the amenities. Foster said he does not believe there is any intent for either party to do anything different than the or,let conditions state. The ULMYC may continue to use the Shorewood site for its shallow draft scows. Babcock said he believe:q the ULMYC will use the Spring Park site but nothing will happen the funding is obtained for the building. I.MCI) BOARI) 01" I) II{I';CTORS I:ebruary 24. 1993 Reese said the Board should require compliance with the conditions of the Order in every respect. MOTION: Grathwol moved, Hurt seconded, to adopt An Ordinance Relating to the Effect on Licenses of Failure to Construct censed Docks within a Specified Time; Amending LMCD Code Section 2.05, as amended by committee, waiving the second anti third readings and ordering publication. VOTE: Motion carried, Rascop abstaining because of his involve- ment in the ULMYC litigation. D. Length Variances and Dock Lengths for Docks The Board received a draft ordinance amending LMCD Code Sect. 1.07, Subd. 3, relating to length variances and Sect. 2.01. Subd. 2 relating to dock lengths. Babcock noted a typographical error in the fourth line of Section 2 which will be corrected. MOTION: Babcock moved, Johnstone seconded, to adopt An Ordinance Relating to Length Variances and Dock Lengths for Docks on l. akc Minnetonka Amending Lake Minnetonka Conservation District Code of Ordinance Section 1.07, Subdivision 3 and Section 2.01, Subdivi- sion 2, waiving the third reading and ordering publication. VOTE: Motion carried Rascop voting nay. E. Multiple Dock Licenses VOTE: 1. MOTION: Babcock moved, Grathwol seconded, to approve thc following renewals without change, paid in full, village certifi- cates approved: Bayview Condominiums, Spring Park Bay Cedarhurst Assn, Robinsons Bay City of Deephaven, Carsons & St. Louis Bay Driftwood Shores Assn., Harrisons Bay City of Excelsior. Excelsior Bay Grandview Point Assn, Carsons Bay Hennepin County, Spring Park Bay Lafayette Club, Crystal Bay Lakewinds Assn., Spring Park Bay Lord Fletchers of the Lake, Coffee Cove City of Minnetonka Beach. Lafayette Bay. Crystal Bay & l. ower Lake North Minnetonka Edgewater Apartments. Spring Park Bay City of Mound. Priests. Cooks. W Upper Lake. Phelps. Black Lake. Emerald Lake. Seton Lake, Harrisons. Jennings g- West Arm Bays Dr. Glen Nelson. Stubbs Bay PM Pizza Enterprises. Black Lake Presbyterian Homes on Lake Minnetonka, Black Lake Seton Village Assn.. Harrisons Bay City of Tonka Bay, Gideons Bay Walden Tract X Property Owners Assn., St. Louis Bay West l~cach Apts.. Coffee Cove ~lotion carried, Hurt abstaining. LMCD BOARI) O1: DIRI~CTORS February 24, 1093 2. MOTION: Babcock moved, Carlson seconded, to approve tile following renewals without change, subject to balance due being paid by 3/31/93: Boat Rentals of Minnetonka, Harrisons Bay Curly's Minnetonka Marina, Lower Lake N Lord F[etcher~s Apartments. West Arm Park ttill-Park Island Apartments, Black Lake Rockvam Boat Yards, Site 1. Coffee Cove Tonka Bay Marina, Lower Lake S City of Wayzata, Wayzata Bay VOTE: Motion carried unanimously. 3. a. MOTION: Babcock moved. Grathwol seconded, to approve Rockvam Boat Yards, Site 2, Coffee Cove renewal, changing season- al docks to permanent dock construction, subject to balance due being paid by 3/31/93. (A certified as-built survey to be sub- mitred after construction is completed.) VOTE: Motion carried unanimously. b. MOTION: Babcock moved. Grathwol seconded, to approve the Minnetonka Yacht Club, Sites 2 & 3, St. Louis Bay renewal without change, and the amended site plan (dated 11/20/92) Site 1, Carsons Bay, subject to the balance due being pai(l by 3/31/93. VOTE: blotion carried unanimously. c. MOTION: Babcock moved, Reese seconded, to approve tile Big Island Veterans Camp, Veterans Bay, new site plan (date{I 12/16/92) with a minor change. VOTE: Motion carried unanimously. d. MOTION: Babcock moved, Rascop seconded, to approve tile City of Greenwood, St. Albans Bay, Sites 2 and 3 renewal with no change, and the amended site plan (dated 12/31/921 for Site 1. subject to the balance due being paid by 3/31/93, with the stipu- lation that there be no extension beyond 100' and a certified as- built survey of the docks be submitted after they are recon- structed. There is an understanding that the applicant cannot change the docks back again to the larger dimensions. VOTE: Motion carried unanimously. 4. MOTION: Babcock moved, Grathwol seconded, to approve tile following District Mooring Area license renewals without chanpe: City of Deephaven, Carsons & St. Louis Bays City of Excelsior, Excelsior Bay Methodist Lakeside Assembly, Wayzata Bay Minnetonka Yacht Club, Carsons Bay VOTE: Motion carried unanimously. D I,MCI) I~()ARI) OF I)IRI'XYI'ORS I"el)ruary 24, 5. Lakeside Marina, Maxwell Bay, Orono Babcock explained the Committee recommendation that action be taken regarding Lakeside Marina's advertising of unlicensed off-lake storage for "unlimited in and out" launching. The Board received a copy of a letter, dated 2/19/93, from the executive director to James Dunn, Lakeside Marina, Inc. The letter was sent certified mail and there has been no response. The executive director explained that a year ago the I,MCI) communicated with Dunn on a similar circumstance. The Lakeside Marina grandfathered boat storage density does not allow these additional boat storage facilities. The letter serves as notice that if Lakeside continues to advertise it will be jeopardizin~ its license. LeFevere added that while there is no evidence of a violation at this time, the marina has not applied for its lqq3 license. When Lakeside does apply, he said, it might be appr~- priate to put some additional reporting or enforcement-trpe conditions on the license alone the lines outlined in the letter. If the marina does not meet those conditions it would I~c additional grounds for suspension or revocation of the license. Hurt said Orono is aware of the issue. To date Lakeside Marina has not violated anything, so no action is necessary at this time. The executive director said an Orono staff meml~er indicated the city is supportive of the LMCD actions. Foster said he cannot understand why there cannot be strict enforcement based on the advertisement. LeFevere said the Board has a number of choices. 1) Criminal enforcement is usually tried first because it is relatively quick and less expensive. 21 Civil action can be taken, seeking a court order to brine the Marina into compliance. 3) The Board could begin revocation pro- ceedings or suspension of the license. Revoking the license would be the most effective as it would affect the grandfathered status of the Marina. If they did not comply, a court order would be needed to force them to cease operating. Hurt explained the difficulty she and Thibault experienced last year in trying to determine if there was an off lake storaee violation at the marina. She said boat covers made it difficult to see license numbers and without notice before han¢l the work was not available as to why the boats were there, i.e.. for sale, mechanical work or storage. Foster questioned givine notice. LeFevere said Lakeside Marina does not have to provide records, but that could be made part of licensing conditions set by the Board. Foster said he would like to have staff prepare a list of conditions to put on the license when it comes up for renewal. Johnstone asked what kind of test the Water Structure ('!om- mittee uses in recommending license renewal. Hurr responded the conditions under which a license is granted have to be met. LeFevere explained that a renewal without change does not require a hearing of any kind. The applicant is entitled to a license' t~ the samu extent as previc, us years, unless conditions are ch;,n~ I. such as Iow water. The Board goes through the al)prt~val a n i I,MCI) IV)AR/) ()1" I)II~I'X;'I'ORS Fel)ruary 24, I')'~ I to have an opportunity to look at each I ice. nsc and to veri fy i l' changes have been made. There are staff inspect ions to :qc~, there are any changes, or if additional conditions should added. Carlson added there have been occasions when clocks moved out due to low water and action had to be taken to them back in. LeFevere said if changes were found that ha(l significant enough impact on the Lake to warrant non-renewal, he would recom- mend a Public ltearin~ with due process. The LMCD cannot decl to renew a license for arbitrary reasons. There have to legitimate reasons for denial. Thibault reported ? Multiple Dock I, icenses have n(~t bceu renewed. Grathwol said he agrees with the comments about a nee(t for ,'~ good enforcement program. The Board's actions have to be able and the applicant has a right to a hearing. Carlson asked what is done with multiple (lock faci Ii t where boats are stored at (locks in the water, without rcucwi[~,v the license. Babcock suggested being firm with all licenscc,~ that haven't renewed and to have any violators appear I)eforc the Board. MOTION: Carlson move(t, Foster seconded, to have al I I whose rcnewal applications have not been received by the March Board meeting be called in for a discussion of their situations. The Lakeside Marina license to be reviewed at the March Water Structures Committee meeting. VOTE: ,qotion carried. Reese voting nay and Slocum abstai~ing. F. Unrestricted Watercraft Storage at Licensed Multiple Dock Facilities rrhe Board received recommendations from the Unrestricted Watercraft Subcommittee of the Water Structures Committee lng its review of the definition of "restricted watercraft" how to treat unrestricted watercraft when figuring boat density. BSUs and WSIJs at multiple docks. MOTION: Babcock moved, Grathwol seconded, to approve the conccl) t of how to handle storage of unrestricted watercraft at multiple dock facilities as developed by the Unrestricted Water- craft Subcommittee. VOTE: [lotion carried unanimously. G. Old Business - Forest Arms Improvement Association Thibault reported there has been no contact from the Arms Improvement Association regarding its appl icat license five slips to a previous slip length and to rcconfi,,zurc the docks. 2. LAKE USE AND RECREATION COMMITTEE, Chair Foster A. l~lirlutos - Foster moved. Reese seconded, to ap!,l'~x-c, t t~c, minutes of the committee meeting of 2/22/03 ;ts sul)mittcd. ?lt, t i~,~ carried unanimously. I,MCI) Ii()ARI) O1" I)IRF, CTORS February 24, IOq3 B. llennepin County 1993 Lakes Improvement Program The Board received a list of services anti projects for I,akc Minnetonka to be provided by Hennepin County in 1993, as prepared by Denis Bailey, Lake Improvements. Foster noted the contribution Hennepin County makes to I,ake Minnetonka through $174,000 of lake improvements and maintenance as well as the funding of the Water Patrol. B. I and 2. Buoy Maps MOTION: Hurr moved, Carlson seconded, to approve thc North Seton Channel Slow Buoy map and the 1993 Slow Buoy Placement map for Lake Minnetonka as presented. VOTE: Motion carried unanimously. C. Special Events 1. Deposit Refund MOTION: Foster moved, Carlson seconded, to approve a deposit refund of $100 for Lafayette Club Family Fishing Derby, 2/7/93. VOTE: Motion carried unanimously. 2. Special Event Licenses, Al lowing Executive Director to Approve New Applications. The Board received a draft of an Ordinance which will al Iow the Executive Director to approve new as well as renewal Special Event Licenses. MOTION: Foster moved, Johnstone seconded, to approve the firs t reading of An Ordinance Relating to Issuance of Special Events Licenses on Lake Minnetonka; ^mending LMCD Code Section 3.(:"1. Subdivision 1, 2, 3, and 4. The second sentence of Subd. 2 is or Executive Director. .... " The second sentence read '_'TI!c_ B_o_,_a_r(! of Subd. 3 shall read "In determining whether to grant or deny the permit or grant a license with restrictions or conditions thc Board o__Er Executive Director " DISCUSSION: The executive director said the affected cities arc notified before a Special Event License is issued. This not i fi- cation is also carried to other cities which might be afl'erred the event. A list of the Special Event Licenses issued and tl~ose forthcoming wil I be furnished at the Lake Use and Recreat Committee meeting and updated to the Board. The executive direc- tor said any events of a contl'oversial nature wi I I I)e rcfcrvcd the committee and Board before issuance. As examples he men- tioned a proposed commercial parasail event and a lake-wide icc fishing contest. VOTE: Motion carried unanimously. D. Decibel Testing Foster reported the committee will hold a decibel testiny- ~,n Tuesday. !.lay 25. 1993, 2 Pt~I at the Water Patrol (lock. 'l'l~c !,u~- pose is to better understand what the different decibct lc.v,_ ~ LMCI) Be)AlU) OF I) II~I'X;TORS February 24, 1993 actually sound like. The Pollution Control Agency and Water Patrol will be participants in the testing of various types boats. Foster asked the Board members to attend the testing. E. Water Patrol Report Chandler said the report submitted to the committee is current. Chandler said that according to the Hanagement f'lnn thc Water Patrol and LMCD should be scheduling an annual meeting with other law enforcement agencies. MOTION: Rascop moved, Carlson seconded, to authorize Sgt. dler of the Water Patrol to work with the LMCD Executive l)ircctor to set up a meeting with other law enforcement agencies operatin'_, on the Lake. VOTE: tqotion carried unanimously. Chandler reported the Hennepin County Commissioners approved a new building for the Water Patrol administrati~r~. When that is completed the Water Patrol will have a whole bull(l- ing for its use, alleviating current crowding. In response to a question from Johnstone, Chandler said there is no known reason for the decline in fish houses Minne tonka. 3. ENVIRONMENT A. Hurt said the Environment Committee wil I meet on ~',larch 9, 1993, 8 Arq. Ed rick will talk about Shoreland Regulations. B. A Lake Watch Training Session will be held on Satur,lav, April 17, 10 AbI, Tonka Bay Marina Club House. tfurr would like have a good representation from the LMCD present to substant i;ttc the District's interest in the program. C. Eurasian Water Milfoil Task Force Reese and the executive director reported on the Scientific Subcommittee meeting. Reese said there was a detailed discussion of pl;tnnina strategy to determine the correct dosage of SONAR (Fluri(lonc}. They want the dosage to impact milfoil without damaging native plants. Present data is too incomplete as to what the effective level for milfoil control is without damaging native plant~;. There have to be tests at (lifferent fluridone concentratio~s. This testing and evaluation will continue until 1997. There is dissatisfaction among lak'eshore owners with the timing. The cost estimate per lake for enclosure tests could be $50,000 for rial. Reese said his personal opinion is that the estimate is low. In addition a storm could destroy the proposed one enclosure curtain or open it up. A small test enclosure is beinj2 d i scussed. Reese believes there should be parallel experimentation Lake Hinnctonka with this and other control methods (lurin,_, flurittone evaluation. The Greenwood City ('ouncil fa':o~rq enclosure tests on St. Alban's Bay. LMCD BOARD OF I)IRECTORS February 24, 19~3 'File executive director said part of tile problem in rc'achin;: a conclusion is that there are many different ideas. The I)NR consensus to move on the test program on a 4 year basis. Thc Corps of Engineers and other groups say 4 years is a minimum. There is also a need to know what the effect of rc'movin,-' significant areas of milfoil and possibly native plants ~'ill have on fish. New information on Libbs Lake's fluridone treatment 1991 shows that in 1992 a substantial re-growth of milfoil oc- curred. The cause of this regrowth is being assessed. Flurido~le treatment in three lakes DNR tested in 1992 also raised questions on the treatment effectiveness on milfoil and possible damage native plants. The DNR received full support from the scientific community to proceed with the 4 year plan. There is concern about thc time it will take. The executive director said Dr. Neuman, University of [linnc.- sota, and scientists from Vermont, are working on controls, namely the weevil. There is a new grant coming continue the University of Minnesota study. The District has been asked to help with funding that grant. Hurr said she would not want to put any money into tilt: biological study unless there is assurance of a return. Grathwoi said there is a growing impatience among the public with inaction on finding long term cures for controlling ~nilfoil. The comment he hears is why the District spends money for Ilar- vesting when the use of a chemical will do the job. This tion goes along with the people not wanting additional taxin-o. Babcock responded that, as of now, harvesting is the only viable option. The executive director said the milfoil budget will be presented at the March Board meeting. Foster said the District must address the concerns of the fishing community who contend milfoil should not be chemical ly treated. The executive director said that the DNR does allow permit limited chemical control. Reese said it is his opinion there is nothing we can do to control what is going to happen. The LMCD is not structured and financed to run a major milfoil control effort. The LbtCD should be an observer of the efforts of others and not a participant. Babcock said the focus should be on what can be done ft, r Lake Minnetonka. He believes the Board's time would be better spent on Lake Minnetonka rather than state-wide pro~orams. It appears to him that the activity is moving on a state-wide level. Johnstone observed that we do not have very much to help the scientific community. LMCD should be a voice to be heard public policy and work to keep Lake Minnetonka clean for recr:,:~- t ional use. Babcock added the LMCD funds should be used for the local benefit, tie mentioned the efforts being considered to keep Zebra Mussel from entering the St. Croix River and resultant compet i- t ion for funds. LMCI) IIOARI) O1" I)IRI';CTORS i:ebruary 24, Iqq3 4. LAKE ACCESS TASK FORCE, Chair Grathwol Grathwol reported the Lake Access Task Force Sit in2 Subcolu- mittee will meeting Tuesday, March 9, 6:30 PM. The draft aurce- ment is being tested at several communities. LMCD and I)NR staff members met with the cities of Mound and Wayzata and part icipatcd in a public hearing at Minnetrista. Carlson said he believes he will shortly have a signed parking agreement from Minnetrista. 5. ADMINISTRATIVE COMMIT'FEE, Chair Carlson A. Minutes - Carlson moved, Johnstone seconded, to appt-ovc the minutes of the 2/4/93 meeting. Motion carried unanimously. B. Staggered Terms The following staggered terms have been identified hy board members: 1992 - 1994 Current terms which expire October, 19{)4: Excelsior, James Grathwol Minnetonka, William Johnstone Orono. JoEllen llurr Victoria, George Owen Woodland, Robert Slocum 1995 - Terms for one year subject to municipal approval Deephaven,(A. Bert Foster} Minnetonka Beach, {Mike Bloom) Shorewood,(Robert Rascop) Spring Park, {Doug Babcock) Tonka Bay, (Tom Penn} 1996 - Terms for two years subject to municipal approval Greenwood, (David Cochran) Minnetrista, {Scott Carlson} Mound, (Tom Reese) Wayzata, (Duane Markus) The above are sub.ject to approval by the respective city. Babcock said Spring Park is agreeable. The terms are to run frt)m January to reappointment and installation in January. C. Lake Access Task Force Facilitator Agreement Approval Carlson cai led attention to the last paragraph of tile mittee report which recolnmends approval of the contract for facilitator Don Buckhout with an hourly rate of $25/hour for services through 1992 and $30/hour for 1993 through the contract period of 6/30/93, with facilitating at subcommittees limited resolving sensitive issues. The executive director said Buckhout wil I be cai led upon when necessary. tturr ob,jected to paying someone to assist in any one commit- tee of the Board. Babcock objected to paying $30 an hour for mi~ute~. '1!~,: executive director said the minutes are now bein~ done I)y staff. LMCI) IIOARI) OF I)IRECTOI{S February 24, I~lq3 Grathwol said tie has talked to a number of directors others to get a sense of whether or not a facilitator is needed. The feeling is that Buckhout represents an impartial view p~int and he is effective in reducing controversy. The executive director estimated the time for Buckhout's services at about 12 hours additional through June. Hurr asked if there was a~ intent to continue his services after June 30. Grathwol said he is aiming at January, 1994 for a conclusion of the committee work. By extending the contract through June it gives an opportunity to review the facilitator need after that time. llurr said it is hard to remove the image of an employee ol the DNR working as an impartial facilitator. MOTION: Babcock moved, Johnstone seconded, to continue tilt. contract with Don Buckhout to June 30, 1993 for $25 an hour 1992 services and $30 an hour for the 1993 services. DISCUSSION Rascop objected to the motion because the use of DNR employee gives the perception of control by the DNR. VOTE: l~totion carried, Reese, }lurr and Rascop voting nay. The executive director reported a check was written December for Buckhout's services in the amount of $1,650 instead of the $1400 due. MOTION: Babcock moved, Grathwol seconded, to cance I the check issued in 1992 and carry the new bill forward in 1993 as a pity- able. VOTE: Motion carried unanimously. mittee Staff Objectives as Discussed with Administrative The executive director, commenting on the committee report on objectives, noted that Chandler pointed out the need /'or a Water Patrol enforcement review with the other law enforcemvnt agencies. There should also be a discussion of marine waste disposal with the marinas. The executive director observed that a time table for completing objectives was accepted when the Management Plan was approved. It appears the District may not meet al I o1' thc objectives within the time table. A re-scheduling of the objec- tives time table may need to be amended. Rascop suggested getting cooperation from the l~linnehaha Creek Watershed District on hardcover items. The next meeting of the Administrative Committee will be ~arch 11 at 3:30 PM. FINANCIAL REPORTS, Treasurer Carlson A. January Statement of Cash Transactions MOTION: Rascop moved, Babcock seconded, to approx'e thc Statcm,:~t of Cash Transactions as of January 31, 1993 as submitted. VOTE: ,.Xlot ion carried unanimously. LMCD BOARD OF DIRECTORS February 24, 1993 B. Audit of Vouchers for Payment MOTION: Carlson moved, Hurr seconded, to approve thc payment oi bills in tile amount of $19,111.83, Checks #9039 through 9072, and payroll checks #1010 through 1018. VOTE: Motion carried unanimously. C. Chambers of Commerce tiurr asked how it is determined which Chamber of Com[uerce ,join. The executive director said the Excelsior and Wayzata Chambers of Commerce asked the LMCD to become a member. MOTION: Hurt moved, Rascop seconded, to authorize membershit) irt the Chambers of Commerce of all member cities which have Ch;t[n- bers. VOTE: Motion carried unanimously. EXECUTIVE I)IRECTOR REPORT, Strommen A. Equipment Purchase The executive director said he and Thibault have checked into tile purchase of a laser printer. There were three models of Hewlett-Packard laser jet printers being considered. I~al)cock recommended purchase of the Laser Jet IIIP because of the a(ldi- tional features, ~uch as scalable fonts. MOTION: Rascop moved, Babcock seconded, to authorize the l,ur- chase of a Hewlett-Packard Laser Jet IIIP at $935, the staff to determine the vendor. VOTE: Motion carried unanimously. B. Appointment to MN Sustainable Development Initiative Recreation Team Tile executive director reported he has been nominatc(l serve on the Environmental Quality Board's Sustainable Develop- ment Init iat ive as a member of the Recreat ion team. There wi be a meeting once a month for twelve months. Hurt commended Strommen for his interest. UNFINISIlEI) BUSINESS - None NEW BUSINESS A. SAVE THE LAKE Program Priorities Slocum solicited the Board members for suggestions on and future years' SAVE THE LAKE program priorities. In adttiti{,[~ to those listed in his memo dated 2/19/93, Slocum mentiot)ed thc possibility of installing channel depth signs and make clocks. 51embers were asked to send him their suggest ions. th~k- ing them for a prompt response. LMCD BOARD OF DIRECTORS February 24, 19q3 ADJOURNMENT Carlson moved, Rascop seconded, to adjourn the meet Motion carried unanimously. The meeting was declared ad.journcd at 9:45 PM David Cochran, Chair Douglas Babcock, Secretary · It i I C'L/MAR 2, 2, i9 3 I,AKE MINNETONKA CONSERVATION DISTRICT Action Report: Water Structures Committee Meeting: 7:30 AM., Saturday, March 13, 1993 Norwest Bank Building, Wayzata, Room 135 Members Present: Douglas Babcock, Chair, Tonka Bay; .lames Grathwol, Excelsior: Robert Rascop, Shorewood: Thomas Reese. Mound: Robert Slocum, Woodland. Also Present: Rachel Thibault, Administrative Technician: Eugene Strommen, Executive Director. 1. West Point Place Homeowners Association, Tonka Bay, Lafayette Bay. The committee received the 2/24/93 Public Hearing report and Findings for the new multiple dock license application of the West Point Place Homeowners Association for 8 Boat Storage Units. MOTION: Grathwol moved, Slocum seconded, to recommend the Board approve the Multiple Dock License application, with Findings, for the West Point Place Itomeowners Association. VOTE: Motion carried unanimously. 2. Multiple Dock Licenses A. Renewals without change 1. MOTION: Babcock moved, Reese seconded, to recommend approval of the following multiple dock license renewals without change, village certificates having been approved and application fees paid in full: VOTE: Bayshore Manor Condominiums, Excelsior Baycliffe Property Owners Assn., S Upper Lake Clay Cliffe Homeowners Assn., Old Channel Bay Crane Island Association, Inc., S Upper Lake Dennis Boats, Lower Lake South Eagle Bluff Association ttalsteds Bay Grays Landing Homeowners Assn., Grays Bay Harborage Homeowners Assn., Smithtown Bay Maple Crest Estates. Jennings Bay Meadowbrook Boat Club, Inc., Grays Bay Navarre Cove Homeowners Assn., Carmans Bay Neslund, Richard, Wayzata Bay Ridgewood Cove Property Owners Assn., Jennings Bay Willow Woods Corp., Gideons Bay Woodend Shores Beach Assn., W Upper Lake Motion carried unanimously. 2. MOTION: Babcock moved, Reese seconded, to recommend approval of the following multiple dock licenses renewals without change with orders and stipulations, subject to Village Certifi- cate being approved or time expired: -continued WATER STRUCTURES COMMITTEE March 13, 1993 Big Island. Inc., Lower Lake S Chimo Assn.. Carsons Bay Crystal Bay Service, Crystal Bay Excelsior Bay Associates, Excelsior Bay Herzog Acres Assn., Wayzata Bay Kreslins, Hary, St. Albans Bay Minnetonka Power Squadron, Big Island Passage Rossberg, Art, S Upper Lake Seahorse Condo Assn., Jennings Bay Seton Twinhomes, Emerald Bay Smithtown Bay Assn., Smithtown Bay Upper Minnetonka Yacht Club. S Upper Lake Victoria Estates Homeowners Assn., North Arm Walters Port Assn., Carmans Bay VOTE: Motion carried unanimously. 3. MOTION: Babcock moved. Rascop seconded, to recommend approval of the following renewals without change with the balance due to be paid by 3/31/93, licenses to be withheld until after full payment is received: (* subject to Village Certifi- cate being approved, or time expiring) * Al & Alma's Supper Club. Cooks Bay * Bean's Greenwood Marina. St. Albans Bay (Survey require{I) , Cochrane's Boatyard, Inc.. Excelsior & St Albans Bay Gayle's Marina Corp.. Maxwell Bay Gray's Bay Resort & Marina. Grays Bay , Harrison Harbor Twinhome Assn.. Harrisons Bay Howards Point Marina, S Upper Lake Jennings Cove Dock Owners Assn.. Jennings Bay , Lafayette Ridge Homeowners Assn.. Lafayette Bay , Loring Acres Beach Association, W Upper Lake Mai Tai Restaurant. Excelsior Bay , Methodist Lakeside Assembly. Wayzata Bay North Shore Drive Marina, Maxwell Bay Sailors World Marina & Yacht Club, Smiths Bay , Schmitt's Marina. Excelsior Bay (Survey required) , Shorewood Marina & Yacht Club. Gideons Bay , Wayzata Yacht Club, Site 2, Wayzata Bay , Windward Marine. Browns Bay VOTE: Motion carried unanimously. 4. Renewals Without Change, with special conditions: A. Excelsior Park Tavern, {EPT}, Excelsior Bay Fred Bruntjen submitted a report of the amenities provided in 1992 to meet the EPT Special Density license require- ments. Thibault has reviewed the report and notes there are some differences. The amenity list called for two charter boats for passenger service. Bruntjen has advised the ssi lboat was not used. Bruntjen then submitted the amenity plans for 1993. Reese asked if there are any restrictions on the public u~c of the meet ing rooms. Brunt ,ien said there are none. the rooms WATER STRUCTURES COMMITTEE March 13, 1993 are available to any group. The executive director said thc Minnesota Lake Association had .two, meetings there, as well as twt~ LMCD meetings regarding St. Albans Bay Sonar treatment. Brunt.jori agreed to furnish a list of the organizations using the meeting rooms in 1992 and will document the use in 1993. MOTION: Babcock moved, Reese seconded, to recommend approval of the Excelsior Park Tavern Multiple Dock License Renewal Without Change for 1993 with the list of amenities to be furnished ;ts submitted, subject to receipt of the Village Certificates or time expiring. VOTE: Motion carried unanimously. B. Foxhill Homeowners Association, Smiths Bay The committee received the Foxhill Homeowners Associa- tion application with a supplemental site plan showing installa- tion of 8 of 13 slips with slip #1 relocated. Slip #1 is to be 32' long, not 40' This was allowed in 1992, the 40' provitli~y for a canopy over the 32' slip. MOTION: Babcock moved, Reese seconded, to recommend approval of the supplemental site plan for renewal without change of the Foxhill Homeowners Association Multiple Dock License showin2 installation of 8 of 13 slips with slip #1 relocated. VOTE: Motion carried unanimously. C. Minnetonka Boat Works, Orono, Browns Bay & Lake and Minnetonka Boat Works, Wayzata, Wayzata Bay. MOTION: Babcock moved, Rascop seconded, to recommend approval the renewals without change of the Minnetonka Boat Works Multiple. Dock Licenses, subject to the amenities as stipulated, payment of the balance due by 3/31/93 and receipt of the Village Certificate or time expired. VOTE: Motion carried unanimously. B. New Multiple Dock Licenses with Minor Changes 1. Excel Marina (Formerly St. Albans Bay Marina), Excelsi- or, St. Albans Bay. The former St. Albans Bay Marina has a new name, Excel Marina, and new owner. Bell Waterfront, Inc. The 1993 Multiple Dock License application has been submitted without change. MOTION: Babcock moved, Reese seconded, to recommend approval of a Multiple Dock License for Excel Marina, subject to payment of the balance due by 3/31/93 and receipt of the Village Certifi- cate or time expired. VOTE: Motion carried unanimously. 2. Gideons Point tlomeowners Association {HOA}, Tonka Bay. Gideons Bay. Thibault explained that the original HOA Multiple Dock Li- cense was ~ranted in 1985 for 12 slips on Outlot A. The 12 were all on the east side of the walkway 100' from the east back. The tlOA has control of the entire shoreline of the devclo!,- WATER merit with a density of 1:50' There is 2560' of shoreline will. 51 slips. The proposal as submitted by developer Thomas Wartman reconfigures the dock to place 6 slips on each side of the walk- way, set back 30' from the east property line. The purpose is to give greater water depth to the inner slips. In 1989 there was a similar effort for reconfiguration due to low water. At that time there was concern expressed by the City of Tonka Bay that it was agreed the original configuration was not to be chanoed Thibault said she could not find any restriction of that type in the LMCD records, although there might have been such a restric- tion required by the city. The dock was subsequently moved out under a temporary low water variance with no change in confieura- tion. Wartman explained that, while the dock went out 16o' under the temporary low water variance, in moving the clock back tile dock still does not have the water depth it needs. The current depth on the inside is 18". That means none of the inside slips are navigable. By changing the configuration to six slips each side of walkway dredging can be avoided. The dock retains its setback. There is a minor change in slip size by increasing width 2' for larger boats and 1' for the smaller boats. Vern Haug, 485 Lakeview Avenue, spoke in opposition to tile reconfiguration. He presented Tonka Bay City Council minutes of 1985 to show Wartman had selected the approved location of thc dock after lengthy public hearings. Haug said any reconfieuration wil I have a negative impact on his property, ttau~ does not believe abutting property owners should have to take the impact of the development. He states he has also suffered dama_~e from run-off from the out lot. Haug respectfully requested that the committee deny the request. William Kanuit, 130 Gideons Point Road, said his off shore property overlooks the docks. Any change in configuration will obstruct his view of the lake and have a negative affect on hi~ property value. He would like to have the reconfiguration re- viewed more thoroughly, involving the Gideons Point Homeowners. Wartman responded to Haug's comment about run off by stat in~o the major amount of it comes frmn the Tonka Bay streets, alon.g the property lines. He said the reconfigured dock plan was not hastily done as it meets the setbacks, provides navigable depth with a minimum lake impact. This has been discussed by the Ilea and the majority are in agreement. Wartman said there is nothin-o in the Tonka Bay ordinances or any city conditions which would prohibit him from making this change. Haug said he has discussed this with the Tonka Bay (:it)' Attorney. Haug disputes Wartman's claim that he can make this change. Wartman submitted a letter from the neighbor immediately west of the dock indicating he has no objection to the chan~e. Babcock reviewed the Dock Use Area regulations and how they' relate to this site. The current configuration and ruconfi,-'ur:~ tion meet all Lr, ICI) requirements. Grathwol asked for inform;ti I · i WATER STRUCTURES COMMITTEE March 13, 19q3 on water depths. He noticed that the lot lines on the plan and those on the plat are different and he would want more informa- tion before making a decision. Haug said the Order issued in 1985 specifically stated that the docks are to be configured as shown in the attached exhibit, the current Iicensed configurat ion. In response to questions from the executive director, XVart- man said most of the riparian lots have one boat each. To th~ best of his knowledge only one riparian owner has a boat on the multiple (lock. The existing situation of the outlot being a part of the 2550' of shoreline control led by the HOA raised a number of questions. The HOA has certain restrictions on each of the lots abutting the HOA shoreline easement as to how many boats each property owner is allowed. A question was raised as to whether the 100' setback from the westerly lot line was part of the original development approval by the City of Tonka Bay. Bahcock favored a dock plan for the entire shoreline. According to I.MCI) Code any substantial change to a dock configuration, or in si or number of slips would require a new license with a Pul~l it' Hearing. Grathwol would like to find a solution satisfactory to as many people as possible. Babcock observed that this is a case where overlapping jurisdictions between the LMCD and a city coul(l come into play. The applicant needs to meet the LMCD Codo well as Tonka Bay city requirements. Reesc and Grathwol sug,_ested a Public ttearin~. 'l'l~c, Code does not require a Public Hearing if the change is mirror. In this case there is a question as to whether the new configura- tion would meet that definition. Grathwol said he has questionu about the water depth, the effect the change would have on neiah- boring properties and the drainage from the outlot. William Merriam, 25 Gideon's Point, suggested the tlOA come to agreement on the layout of the docks, check with the ('ity Tonka Bay re compliance with its ordinances and a schemat it' prepared for all of the docks before any Public Hearing. Wartman proposed, in lieu of a Public Hearing, that he do new site plan with the ttOA, inform the City of Tonka Bay Haug, and reappear before the Water Structures Committee. (;rath- wol said it would be in Wartman's and the HOA's best interest to have a Public Hearing. One can be scheduled at the April Water Structures Committee meet ing with a recommendat ion to the Board for its April 28 meeting. This could allow time for dock installation in May. The executive director added that if nuroc,- meat can be reached with Haug and other objectors, a Publ ic Hearing may not be required. Haug said he would want a Public Hearing as he is not the only person affected. MOTION: Reese moved, Rascop seconded, to require the Gideol~ Point Homeowners Associat ion apply for a new dock 1 icense wi th the appropriate fees for a Public llearing to be held at the April 10. lq93 Water Structures Committee meeting. Mr. Wartm;tn i:-; advise tiao I~M(_'D within a week if an agreement has otherwise WATER STI(IJCTURES COMMITTEE March 13 reached with all interested parties to permit a recommendatio~ the Board in March without objections, the April 10 Public ~lc, ar- lng otherwise being necessary for the proposed confieurat ion chan.ee. DISCUSSION: Slocum said, in his opinion, the new clock confiuura- tion meets the LMCD Code requirements. He does not bel ievu further discussion is productive. He added that when a lot is the property's end there should be more care in detai ling thc setbacks. Merriam asked whether the LMCD ever allows docks to extu~l beyond 100' Babcock responded the entire outlot parcel l ikuly has other locations On the 2550' where a greater depth is avail- able. A length variance would not seem justified. VOTE: Motion carried unanimously. 3. l, ibbs Lake Boat Club, ,Minnetonka, Libbs Lake The licensee has changed its name from Libbs Lake Bay Club to Libbs Lake Boat Club. The renewal application drops one of the slips, changing the license from 17 BSU to 16 BSU. Slip #17 is too shallow to use. The applicant has been advised that once they give up slip #17 they cannot get it back as they haxe non-conforming, grandfathered density of 1:5' MOTION: Babcock moved, Reese seconded, to recommend approval the Libbs Lake Boat Club Multiple Dock License with a min~,,' change of name and reduction of one BSU, subject to the hal;~cu due being paid by 3/31/93. VOTE: Motion carried unanimously. 4. Sandy Beach Place, Orono, West Arm The applicant has changed the dock license from 7 BSU to BSU to comply with City of Orono requirements of one boat per cabin. MOTION: Babcock moved, Reese seconded, to recommend approval the Sandy Beach Place Multiple Dock License with a minor chan~c of reduction of one BSU. subject to the balance due being paid by 3/31/93 and the Village Certificate being approved or time e×- pired. VOTE: Motion carried unanimously. 5. Wayzata Yacht Club - Site 1, Wayzata, Wayzata Bay Thibault reported the Wayzata Yacht Club has submitted application to take two buoys from its District Mooring Area of 22 buoys and place them on its Multiple Dock License. This allowed under LMCD Code Section 2.04, Subd.. 9 Conversion to Docks. The two slips are being added to the east end of thc docks. 'File slips are within 100' and the double side setback 30' is met. Thc City of Wayzata has asked the LMCD to that in approvin~ the license that the Wayzata Yacht should I Ii I WATER $'I'I(UCTURi~,$ COMMITTEE March its responsibilities with other agencies having jurisdiction the Yacht Club's actions on the Lake. The request. :~tems fi'out request from the City of Wayzata to the Yacht Club to remove ;t 3' strip of asphalt from the lake side of the driveway to prevent runoff from the driveway going directly into the Lake. MOTION: Rascop moved, Grathwol seconded, to recolmncnd apt)royal of the Wayzata Yacht Club, site I, Multiple Dock License with Ibc. conversion of two mooring buoys to two slips, subject to Lite balance due being paid by 3/31/93 and the Village (.'ertl fic;t~v being approved or time expiring. VOTE: Motion carried, 3 ayes, Babcock and Slocum abstaini~. 6. Wayzata Yacht Club - District Mooring Area (I)M.,\) l i¢'en,;{, MOTION: Grathwol moved, Rascop seconded, to recolnmend approval of the Wayzata Yacht Club DMA license with a change from 22 to 20 buoys, as noted in the previous agenda item. VOTE: Motion carried, 3 ayes, Babcock and Slocum abstaining. Reese was excused. 7. Cardinal Cove Beach Association, Halstead Bay. trista Thibault explained that the Association has an outlet with 240 feet of shoreline with a density of 1:48' The applicati(,~ calls for a change in slip size from 14' to 16' on one ~lock an increase in one side of the dock from 40' to 48' 'Iht cation indicates the change in length from 40' to 48' is t'~' canopy installation and for X-braces to stabilize dock movement. One slip wil I be moved to consolidate the clock by changin2 thc walkway length to 80' and using Crepeau style dock on thc dock. There was discussion as to whether this 8' addition and 2' width change is a substantial change. If it is a substantial change the applicant will have to go through the Public lteari~2 process for a new dock license. If the change is not substantial the Board may issue the dock license without a public heari~)u. Larry Pi Ilar, President, Cardinal Cove Beach Associatio~. the appl leant, said there tire canopies on other clocks in tl}e cove. The executive director noted that the canopy setbacks arc met. Slocum observed that a 48' canopy is significant enougl~ size to ask for comments from the association members. The executive director suggested asking for approval from tl~e membership. Grathwol does not see that it is a signif'ic.'t~t change but it was brought in at the last minutes and there is th(. chance neighbors have not had an opportunity to comntent. Sleet,'m said, that while the change is not substantial, the addition the large canopy is significant. Pillar said the $500 fee required for a new license, il' th,.: change is considered significant, is more than the entire associ- ation annual fee. He may have a problem in that some associ;tl members are away until Ma3'. - cont inued WATER STI~UCTURF. S COMMITTI';F, March I~OTION: Rascop moved. Slocum seconded, to recommend approval the new Multiple Dock License with minor change for the ~'ardinal Cove Beach Association. All members of the Association are t~ be notified of the change in the docks and acknowledge in written notification before the recommendation is forwarded to the Board for its March meeting. VOTE: Motion carried unanimously. 8. Boulder Bridge Dock Reconfiguration In response to a question from John Thomas. he was advi':~,l there will be a Public Hearing on March 24. 1993 at 7 PM at tl~c Tonka Bay City Hall to consider the Boulder Bridge request. C. Lakeside Marina, Maxwell Bay. Orono Babcock asked for a discussion of conditions to l)e placed the Lakeside Marina Multiple Dock License to cover the off-lake' storage issues. Pascop suggested tightening the Code to control off-I;~kc storage. The executive director said the LMCD Code is speci on in and {)ut launching. At the same time the City of t~ron~, addressing the land uses for its B-2 zoning areas. Orono's zoning covers boats stored on land for in and out use, parking: of the cars and trailers associated with the launching as well ;ts parking as it relates to charter boats and parking for the marina operation. That may be a better approach than addressin-' only the watercraft. Rascop said the dry stacking of boats on land for in and launching is a lake access issue. Grathwol added there is alst~ the matter of visual impact. Babcock said it also has an effect on over all lake density. Grathwol continued by stating th{re may be a method of controlling the dry storage by control lin7 thc parking and other activities. Babcock said another avenue approach to the problem would be enacting ordinances control lin~: launching ramps. The executive director said the existing stipulations :~n Lakeside Marina governing any use of in and out boat storage/launching should be sufficient. There has to be specific documentation of Lakeside's boat storage. Then it is a matter monitoring it and determining what if any difficulties exist. The committee received a letter from Charles LeFevere, I..,XlCl) Counsel. dated 3/5/93. In his letter LeFevere responded to a Board request for a list of conditions which might be impo:;t:d upon a marina operator, and which would facilitate enforcement the code provisions relating to off-lake storage by L.MCD LeFevere noted the procedures to be followed when an ;{ppi ica{ for a multiple dock license renewal is received. He also listc~l certain conditions which could be imposed upon the licensee the time of renewal. MOTION: Babcock moved, Rascop seconded, to recommend the B,.~ard impose the conditions stated by Charles LeFevere in his letter 3/5/93 when the applicatit~n for renewal of the Lakeside Multiple Dock License is received. VOTE: :~totion carried unanimously. ~,, I I I i WATER $'I'I~IJ(;'I'UI~,I::$ COMMITTE[~ March 3. Resolution 86, In Part setting fees for new Dock Licenses. The committee received a recommendation from staff that tl~c Water Storage Unit part of the fee for a new dock Iicense bc changed to the current rate annual rate for a Water Storage Unit. In 1993 the fee is $10. MOTION: Babcock moved, Slocum seconded, to recommend chanain~ 1.b. of Resolution No. 86 to read "A new multiple of commercial dock license application shall be $500 base fee plus $10 per Watercraft Storage Unit (WSU) ....... " VOTE: Motion carried unanimously. 4. Unrestricted Watercraft Thibault distributed a summary of the ordinances which will be affected by the Unrestricted Watercraft Subcommittee recommen- dations as approved in concept by the Board on 2/24/93. Grathwol said it is difficult to define various types of boats such as canoes, rowing shel Is. The only probleln is to clearly state what we mean. Babcock said, as an example, huma[~ powered watercraft could include but not be limited to. canoes and rowing shells. That could be followed by a definition wind or motor powered watercraft as restricted. Grathwol used example of the type of challenges which can be thrown into thc discussion the case of a 45' canoe for 30 people. There also is the Minnesota exemption of duck boats during hunting season not requiring a license. Babcock said one method would be to list specific item~ which are restricted and specific items which are not restric- ted, leaving it open for future amendments. Jet skis, as example, could be listed as a restricted item. 5. Adjournment Babcock declared the meeting adjourned at 10:10 AM For the Committee: Eugene Strommen, Executive Director Douglas Babcock, Chair