2003-09-09PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
AGENDA
MOUND CITY COUNCIL MEETING
TUESDAY, SEPT 9, 2003 - 7:30 PM
CITY COUNCIL CHAMBERS
5341 MAYWOOD ROAD
*Consent Agenda: Items listed under the Consent Agenda are considered routine in nature and will be enacted
by a single roll call vote. There will be no separate discussion of these items unless a Council Member or
Citizen so requests· In that event the item will be removed from the Consent Agenda and considered in normal
sequence·
PAGE
1. OPEN MEETING
PLEDGE OF ALLEGIANCE
APPROVE AGENDA, WITH ANY AMENDMENTS
*CONSENT AGENDA
*A. APPROVE MINUTES:
AUG 25, 2003 SPECIAL MEETING
AUG 26, 2003 REGULAR MEETING
SEPT 2, 2003 SPECIAL MEETING
3438
3439-3442
3443
*B.
APPROVE PAYMENT OF CLAIMS
APPROVE AN ORDINANCE AMENDING SECTION 437 OF THE MOUND
CITY CODE AS IT RELATES TO DOCK AND SLIP LICENSES
3444-346b
3461-3463
*D.
APPROVE TABLING FLOODPLAIN ALTERATION PERMIT BY
SARENPA UNTIL SEPT 23, 2003 MEETING
3464
*E. APPROVE PARADE PERMIT FOR HOMECOMING PARADE
3465
*F.
APPROVE PARTIAL PAYMENT REQUEST NO. 2 TO VALLEY PAVING
TOWARD THE 2003 STREET RECONSTRUCTION PROJECT
3466-3468
*G.
APPROVE PARTIAL PAYMENT REQUEST NO. 1 TO LANDWEHR 3469-3471
CONSTRUCTION, 1NC TOWARD THE LONGPRE BUILDING DEMOLITION
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT
ON THE AGENDA (LIMIT TO 3 MINUTES PER SPEAKER)
10.
PLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
PUBLIC HEARINGS
A. ACTION ON CASE ~03-33: APPLICANT: WARA REAL ESTATE INC
OWNERS: SCOTT AND LISA HOLTER
2241 SOUTHVIEW STREET
PRELIMINARY PLAT AND PDA-CUP
RECOMMEND: APPROVAL WITH CONDITIONS
3472-3523
2004 BUDGET
A. ACTION ON RESOLUTION APPROVING A LEVY FOR THE PURPOSE 3524
OF DEFRAYING THE COST OF OPERATION, PURSANT TO THE PROVISIONS
OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF
AND FOR THE CITY OF MOUND FOR THE YEAR 2004
ACTION ON RESOLUTION APPROVING THE 2004 PRELIMINARY 3525-3527
GENERAL FUND BUDGET IN THE AMOUNT OF $4,025,400; SETTING THE
PRELIMINARY LEVY AT $3,3 46,210; AND APPROVING THE PRELIMINARY
OVERALL BUDGET FOR 2004
CONSIDERATION/ACTION ON A RESOLUTION AUTHORIZING CITY OF
MOUND OFFICIALS TO SIGN AN AGREEMENT WITH HENNEPIN COUNTY
AMENDING THE RIGHT OF WAY ACQUISITION AGREEMENT
3528-3535
JIM DAILEY ON REQUEST TO COUNCIL REGARDING CITY CODE AS
IT RELATES TO ON-SALE INTOXICATING LIQUOR LICENSES
3536-3550
CONSIDERATION/ACTION ON A RESOLUTION ON FUNDING ADDED
WATER PATROL ON LAKE MINNETONKA
3551-3552
11. UPDATE BY LARRY OLSON OF METROPLAINS DEVELOPMENT
12. EXECUTIVE SESSION REGARDING ROEGLIN ASSESSMENT APPEAL
13.
14.
INFORMATION/MISCELLANEOUS
A. Report: Harbor Wine and Spirits - Aug 2003
B. Article: Int'l Pilot Program: 1st Minnesota/Sweden Exchange
Program for Managers
C. Notice: 3207 Charles Lane - PD training
D. Correspondence: LMCC
E. FYI: Saunders Lake
F. Article: MN Real Estate Journal
G. Letter: Hennepin County Environmental Services
H. FYI: Training opportunity
I. FYI: The Winner's Circle
J. Correspondence: Westonka Schools
K. FYI: James T. Casey & Mound Volunteer Fire Relief Assoc benefits
L. FYI: Legal update
M. Newsletter: Gillespie Center
N. Minutes: Planning Commission - Aug 18, 2003
ADJOURN
3553-3554.
3555-3560
3561
3562-3593
3594
3595
3596-3598
3599
3600
3601-3602
3603
3604-3607
3608
3609-3617
This is a preliminary agenda and subject to change. The Council will set a final agenda at the meeting. More current meeting
agendas may be viewed at City Hall or at the City of Mound web site.
COUNCIL BRIEFING
September 9, 2003
Sept
Sept
Sept
Sept
Sept
Sept
Sept
Sept
Sept
Events Schedule: Don't Forget!!
5 - 5:00 - Activities begin for Haddorff Field dedication
8 - 6:30 - HRA special meeting
9 - 7:30 - CC regular meeting
11 - 4:30 - 9/11 Remembrance Ceremony at Veteran's Park
15 - 6:30 PM CC workshop
15 - 7:30 PM Joint PC/CC meeting re: adult use
19 - 6:30 -Taste of the Lakes
23 - HRA regular meeting
23 - CC regular meeting
Sept 25 - 4:30 - DARE Annual Meeting
Oct 11 - 8:00-3:00 - Recycling Day
Oct 14- 6:30 - HRA regular meeting
Oct 14 - 7:30 - CC regular meeting
Oct 15 - 5:30 - Judd Brackett presenting the early days on Lake Minnetonka
Nov 17 - 6:30 -Tree lighting ceremony
Dec 1 - 7:00 - Truth in Taxation Hearing
Dec 8 - 7:00 - Truth in Taxation Hearing continuation, if needed
Upcoming Absences
Sept 12 Kandis Hanson
Sept 20-25 Kandis Hanson
Move to new house!
ICMA Conference
City Hall Closed
Nov 11 Veteran's Day
Nov 27-28 Thanksgiving
Dec 25-26 Christmas
Human Resources
As part of a reorganization within the Police Department, two staff members were recently promoted. John
McKinley was promoted to Lieutenant and Kenny Beck was promoted to Sergeant. There have been a shift in
responsibilities among other personnel, as well. These changes are due to our very young and inexperienced
police staff and the seriousness of the crimes and cases they respond to and manage. Training and
acco. untability and improvements to customer service are the main focus in this reorganization.
It is expected that Carlton Moore will begin as Public Works Director/Engineering Coordinator Oct 1. Carlton
has a bachelor's degree in landscape architecture and has been employed by the City of St. Louis Park for the
past 26 years. He will bring significant experience in several areas to the City of Mound including downtown
development, infrastructure and utilities reconstruction projects, construction inspection and has experience
working with neighborhood residents and commercial businesses. It is worth noting that Carlton worked on the
Excelsior and Grand Redevelopment Project in St. Louis Park which will be very beneficial as we move
towards development phase of the Mound Harbor Renaissance project in the downtown area. Carlton will attend
the Sept 8 and Sept 23 meetings as part of his orientation.
When floors and stairs are all in place, Council Members will tour the Public Safety facility, as part of a regular
meeting. We are planning a Dedication Ceremony for the placement of the cornerstone for late in Oct. The
Masons are donating the cornerstone, which will be a time capsule filled with artifacts of our time. The
cornerstone will not be opened until a time in the future when the city sees fit to demolish it. Please submit
your suggestions for artifacts.
Taste of the Lakes is scheduled for Sept 19 at the Bayside Event Center. It features about 20 food and
.ge vendors, a silent auction and live entertainment. You may purchase tickets from Jodi for $25.
The motivational presentation by Jon Gordon this Thurs was well received, as was the training by Chief Kurtz
that followed. You will be 'reenergized' by the material in his book, provided by the City. Additional copies
are on sale at City Hall for $15 each.
Have a great weekend!
MOUND CITY COUNCIL MINUTES
AUGUST 25, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in special
workshop session on Monday, August 25, 2003, at 6:30 p.m. in the council chambers of
City Hall,
Members Present: Mayor Pat Meisel, Councilmembers Mark Hanus, David Osmek and
Peter Meyer.
Members Absent: Councilmember Bob Brown
Others Present: City Manager Kandis Hanson, City Clerk Bog,~ie Ritter, Community
Development Director Sarah Smith, Parks Director Jim Fac~]i~!~i Public Works
Superintendent Greg Skinner, Police Chief Jim Kurtz, Fi[eiiii~i~ief Greg Pederson,
Finance Director Gino Businaro, Liquor Store Man-age~i~ii~'~lotti,
p .............
1. O EN MEETING .
Ma~"~~~'the meeting to order at
2. DISCUSSION ON GENERAL FUND
Businaro reviewed the General Fund
3. SUMMARY OF REVENUES &
Businaro presented the
expenditures.
related questions.
4. PRELIMINARY DI,~
Businaro reviewed the
levy figures.
FUND BALANCE
along with the proposed tax rate and total
5. INDIV CAPITAL PURCHASES/PROGRAMS
Individual depart~ budget~!!~ere reviewed with questions being answered by
prospective Departmental. Hea~!~::.
It was noted that the dis~::~sion followed the agenda through item U - Liquor Store.
The workshop of September 2nd will begin with discussion on item V - Water
Department.
ADJOURN
MOTION by Osmek, seconded by Hanus to adjourn at 9:22 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
-3438-
MOUND CITY COUNCIL MINUTES
AUGUST 26, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, August 26, 2003, at 7:30 p.m. in the council chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David
Osmek and Peter Meyer.
Others Present: City Manager Kandis Hanson, City Clerk
Development Director Sarah Smith, City Engineer John C
Steen, David Hanson, Carol Miletti, Michael Piepkorn,
Community
~, Marry Sarenpa, John
Veit, James Yeit
Consent Agenda: All items listed under the
routine in nature by the Council and will be ena,
separate discussion on these items unless a
which event the item will be removed from
normal sequence.
ar~ to be
a roil call vc will be no
ciimember or citiz, ',uests, in
A ~da and cot
1. OPEN MEETING
Mayor Meisel called the meeting
:35
2. PLEDGE OF ALLEGIANCE
3. APPROVE
MOTION by Browl
Motion carried.
lanus
the agenda. All voted in favor.
4. CONSENT AGEN
Motio
by Hanus
)rove items A,C & D. All voted in favor.
~y Brown, sec
the foil voted in
against: Mayor ME
the Central
carried.
to approve item B. Upon roll call vote taken,
Osmek and Meyer. The following voted
;I abstained from voting because the claims include a bill to
where she and her husband own property. Motion
ko
Approve ~tes of August 12, 2003.
Approve claims in the amount of $842,169.12.
RESOLUTION NO. 03-75: RESOLUTION TO APPROVE THE RELEASE
OF TAX FORFEITED PROPERTY 19-117-23-22-0128 TO ABUTTING
PROPERTY OWNERS ONLY. APPLICANT: HENNEPIN COUNTY
TAXPAYER SERVICES DEPARTMENT.
1
-3439-
Mound Council Minutes - August 26, 2003
Do
RESOLUTION NO. 03-76: RESOLUTION ADOPTING LAND USE PLAN
AMENDMENTS FOR CERTAIN PROPERTIES AS GUIDED BY TH E
COMPREHENSIVE PLAN.
COMMENTS & SUGGESTIONS FROM CITIZENS ON ANY ITEM NOT' ON THE
!
AGENDA. None were offered.
CONSIDERATION/ACTION ON CONSTRUCTION
SE RVICES
FOR THE LOST LAKE GREENWAY PROJECT
John Cameron represented all firms listed in items
estimates as far as total charges and all actual
at the hourly rates provided in the proposals.
that these are
be b the time spent
MOTION by Brown, seconded by Hanus to
contingent upon funds being available in the
Motion carried.
the
osals in A
All voted i
or.
A. HKGI Proposal for
B. Ericksen Ellison &
services
C. Baird proposal fo
D. MFRA propos
5446 BARTLETT
Sarah Smith
a
fill. S
Action
,rvation
observation
~LAIN .a
PERMIT: MARTIN SARENPA~
a year ago fill work was done without
the fact permit to address placement of
has provided all of the information requested and
approval of the permit.
Saren
cooperati
didn't know
e has done a lot of work with Sarah, trying to be as
:ated he was not aware that he was violating and rule and
ain issue.
Cathy & Jim Veit st Lake Road, own the property to the north side of the
subject parcel and they are against approval of this permit, that the work done
has affected their property and the neighbor's property as well as the public park. Cathy
stated that the fill added makes water that was previously absorbed, now sit on her
property and the park. She cited MCWD Rule C and also that the applicant was told to
stop work when originally doing the fill, and refused to do so. Concern over the trees in
the area if fill were removed in the NE corner was also conveyed.
2
-3440-
Mound City Council Minutes - August 26, 2003
David Hanson and Carol Miletti of 2583 Lost Lake Road, also are against having the
permit granted, stating that the only solution is to remove all the fill that was illegally
placed on the parcel. They also attested to the fact that the applicant was told to stop
when he started the project, but continued the work anyway. They also expressed
concern over the welfare of the trees in the area.
Vic Potter, 5452 Bartlett, stated he's new to the area and an ad
He was assessing the impact to neighboring property and
Channel Town Association.
property owner.
the concerns of the
The Council discussed the situation, expressing
impact on the trees of abutting property owners.
water and
MOTION by Meisel, seconded by Meyer to
remove all fill illegally placed on the parcel.
permit request al
applicant
MOTION by Osmek, seconded by Brown to tab
Staff time to review the possibility on tree
to current drainage problems. All Mo'
:ember 9, 2003, to give City
~e neighbors, and find solutions
~rried.
Osmek asked staff to research if dou
after-the-fact permit. It ~) note(
research the drainag charg
applicant is requesting
of the City Engineer to
Smith informed
Council agenda,
presel
this item will be on the September 9th
8. CON~
COMI
by Osmek
spec ;eting/works
7:30 p a joint ses.,
adult use All
ON SPI
WORKSHOP WITH PLANNING
Brown to set September 15, 2003, at 6:30 p.m. for a
Council work ethics/practices, to be follOwed at
g Commission to discuss the proposed
in favor. Motion carried.
9. .LANEOUS
A. Report: Finan rtment- July 30, 2003
B. Report: Harbor & Spirits - Aug 2003
C. Minutes: Parks & Open Space Commission -Aug 14, 2003
D. Letter: LMC Strategic Plan
E. Letter: LMC on Boltt Corporation claim
F. CSAH 15 project schedule
G. Update from Secretary of State
H. Hennepin County Highlights
I. Update: Mound Marketplace
3
-3441 -
Mound City Council Minutes - August 26, 2003
J. Report: Police Department- July 2003
K. LMCC Calendar- September 2003
L. Correspondence: Westonka Healthy Community Collaborative
10, ADJOURN
MOTION by Brown, seconded by Osmek to adjourn at 8:39 p.m.
Motion carried.
Attest: Bonnie Ritter, City Clerk
All voted in favor.
Pat Meisel
4
-3442-
MOUND CITY COUNCIL MINUTES
SEPTEMBER 2, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in special
workshop session on Tuesday, September 2, 2003, at 6:30 p.m. in the council
chambers of City Hall.
Members Present: Mayor Pat Meisel, Councilmembers Mark Hanus, David Osmek,
Bob Brown and Peter Meyer.
Others Present: City Manager Kandis Hanson, City Clerk ie Ritter, Community
Development Director Sarah Smith, Parks Director Jim Works
Superintendent Greg Skinner, Police Chief Jim Kurtz, ;g Pederson,
Finance Director Gino Businaro, Liquor Store John Co
'1. OPEN MEETING
Mayor Meisel called the meeting to order
2. INDIVIDUAL BUDGETS, INCLUDING
As noted in the minutes of August )03, this
through that agenda.
3. FINAL DISCUSSION -
It was the consensus of
resolution at the maxi
prepared.
ncil to
Thi.,
began at item V and continued
FI
of the preliminary levy
~efore the final levy is
4. CLOSING
Mayor Meisel asked
received
from anyone present and
5. URN
Hanus, se~
Motior
to adjourn at 8:12 p,m. All voted in favor.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
-3443-
SEPTEMBER 9, 2003 CITY COUNCIL MEETING
082503SUE $615.67 AUG
082903SU E $1,493.08 AUG
090903SUE $315,937.66 AUG
TOTAL
$318,046.41
-3444-
CITY OF MOUND
Payments
08/27/03 9:51 AM
Page 1
Current Period: August 2003
Batch Name 082503SUE User Dollar Amt $615.67
Payments Computer Dollar Amt $615.67
$0.00 In Balance
Refer 82503 NICCUM, DANIEL
Cash Payment G 101-21715 Flex Plan Medical REIMBURSE MEDICAL EXPENSE
Invoice 082503
Transaction Date 8/26/2003 Wells Fargo 10100
$43.46
Total $43.46
Refer 82503 SIMONEAU, MATTHEW W.
Cash Payment G 101-21715 Flex Plan Medical REIMBUSE GLASSES EXPENSE $572.21
Invoice 082503
Transaction Date 8/26/2003 Wells Fargo 10100 Total $572.21
Fund Summary
10100 Wells Fargo
101 GENERAL FUND $615.67
$615.67
Pre-Written Check $0.00
Checks to be Generated by the Compute $615.67
Total $615.67
-3445-
CITY OF MOUND
Payments
08/29/03 7:42 AM
Page 1
Batch Name 082903SUE User Dollar Amt
Payments Computer Dollar Amt
Refer 82903 DRIVER AND VEHICLE SERVICES
Cash Payment
Invoice 082903
Transaction Date
E 101-.42110-438 Licenses and Taxes
8/29/2003
$1,493,08
$1,493.08
$0.00
SQUAD PLATES (4)
Wells Fargo
In Balance
$12.00
10100 Total $12.00
Refer 82903 MINNESOTA POLLUTION CONTRO
Cash Payment E 401-46540-300 Professional Srvs GREENWAY PROJECT PERMIT $400.00
Invoice 082903
Transaction Date 8/29/2003 Wells Fargo 10100 Total $400.00
Refer 82903 NEXTEL COMMUNICATIONS (FIRE
Cash Payment E 222-42260-321 Telephone & Cells 07-19-03 THRU 08-18-03 CELL PHONES $81.08
Invoice 082903
Transaction Date 8/29/2003 Wells Fargo 10100 Total $81.08
Refer 82903 SOLBREKK
Cash Payment E 101-41910-500 Capital Outlay (GENERA IMAGING SYSTEM $1,000.00
Invoice 0002763-1N
Transaction Date 8/29/2003
Fund Summary
101 GENERAL FUND
222 AREA FIRE SERVICES
401 GENERAL CAPITAL PROJECTS
Wells Fargo 10100 Total $1,000.00
10100 Wells Fargo
$1,012.00
$81.08
$400.00
$1,493.08
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$1,493.08
$1,493.08
-3446-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 1
Batch Name 090903SUE User Dollar Amt $315,937.66
Payments Computer Dollar Amt $315,937.66
$0.00 In Balance
Refer 90903 ADVANCED GRAPHIX, INCORPOR
Cash Payment E 101-42110-404 Repairs/Maint Machinery SQUAD #847 CUSTOMIZED $267.17
Invoice 6560 PO 17871
Transaction Date 9/3/2003 Wells Fargo 10100 Total $267.17
Cash Payment E 101-42400-300 Professional Srvs 4717 ISLANDVEIW CLEANUP $3,710.00
Invoice 1630
Transaction Date 9/3/2003 Wells Fargo 10100 Total $3,710.00
Refer 90903 AL'S MASTER PLUMBING
Cash Payment E 601-49400-440 Other Contractual Servic 2645 HALSTEAD LANE REPAIRS $218.10
Invoice A8922
Transaction Date 8/26/2003 Wells Fargo 10100 Total $216.10
Refer 90903 ARCTIC GLACIER PREMIUM ICE
Cash Payment E 609-49750-255 Misc Merchandise For R ICE $59.40
Invoice 387323713
Cash Payment E 609-49750-255 Misc Merchandise For R ICE $159.80
Invoice 387323410
Cash Payment E 609-49750-255 Misc Merchandise For R ICE $78.84
Invoice 387324212
Cash Payment E 609-49750-255 Misc Merchandise For R ICE $145.24
Invoice 387324115
Transaction Date 9/4/2003 Wells Fargo 10100 Total $443.28
Refer 90903 BELLBOY CORPORA TION
Cash Payment E 609-49750-253 Wine For Resale WINE $180.00
Invoice 27153200
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,243.20
Invoice 27199600
Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $171.41
Invoice 37448800
Cash Payment E 609-49750-253 Wine For Resale WINE $1,807.95
Invoice 27188700
Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $168.67
Invoice 37462500
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $711.10
Invoice 27251100
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,392.79
Invoice 27216000
Transaction Date 9/4/2003 Wells Fargo 10100 Total $7,675.12
Refer 90903 BERRY COFFEE COMPANY
Cash Payment E 101-45200-431 Meeting Expense COFFEE $26.50
Invoice 367822
Cash Payment E 281-45210-430 Miscellaneous COFFEE $13.25
Invoice 367822
-3447-
CITY OF MOUND
Payments
09105103 8:41 AM
Page 2
Current Period: September 2003
Cash Payment E 101-41110-431 Meeting Expense COFFEE $66.25
Invoice 367822
Transaction Date 9/3/2003 Wells Fargo 10100 Total $106.00
Refer 90903 BORDER STATES ELECTRIC SUP
Cash Payment E 101-41910-220 Repair/Maint Supply LIGHTS $324.17
Invoice 93182796 PO 17917
Transaction Date 9/3/2003 Wells Fargo 10100 Total $324.17
Refer 90903 BUREAU OF CRIMINAL APPREHE
Cash Payment E 609-49750.430 Miscellaneous CRIME ALERT NETWORK FEE $12.00
Invoice P079800013964B
Transaction Date 9/3/2003 Wells Fargo 10100 Total $12.00
Refer 90903 CARQUEST OF NAVARRE
Cash Payment E 601-49400-404 Repairs/Maint Machinery NEW ALTERNATORS $207.64
Invoice N17140
Transaction Date 9/3/2003 Wells Fargo 10100 Total $207.64
Refer 90903 CHAMPION AUTO
Cash Payment E 101-45200-404 Repairs/Maint Machinery OIL HYD FILTER $12.76
invoice D217024
Cash Payment E 101-45200-404 Repairs/Maint Machinery AIR FILTERS $69.19
Invoice D217165
ate 9/3/2003 Wells Fargo 10100 Total $81.95
Refer 90903 CHIEFS POLICE ASSOC MINNESO
Cash Payment E 101-42110-434 Conference & Training 10-03 COMMAND ACADEMY $325.00
Invoice 1508
Transaction Date 9/3/2003 Wells Fargo 10100 Total $325.00
Refer 90903 CITYVlEW PLUMBING AND HEA TI
Cash Payment R 101-32230 Plumbing Connection Permit REIMBURSE PERMIT FEE $65,50
invoice 6104
Transaction Date 9/3/2003 Wells Fargo 10100 Total $65.50
Refer 90903 COCA COLA BOTTLING-MIDWEST
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $658.64
Invoice 63498096
Transaction Date 9/4/2003 Wells Fargo 10100 Total $658.64
Refer 90903 DA Y DISTRIBUTING COMPANY
Cash Payment E 609-49750-252 Beer For Resale BEER $3,039.42
Invoice 232200
Cash Payment E 609.49750-252 Beer For Resale BEER $313.00
Invoice 232860
Transaction Date 9/4/2003 Wells Fargo 10100 Total $3,352.42
Gash Payment E 601-49400-224 Street Maint Materials 4900 EDGEWATER PAVING $9,875.00
Invoice 6463 PO 17768
Date 9/3/2003 Wells Fargo 10100 Total $9,875.00
~eie~ 90%3 EAST ~i~ B~vERAG~
-3448-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 3
Cash Payment BEER $2,849.90
Invoice 447653
Cash Payment BEER $20.80
Invoice 447654
Cash Payment BEER $40.00
Invoice 40347
Cash Payment BEER $8,298.15
Invoice 443143
Cash Payment BEER $587.50
Invoice 441499
Transaction Date 9/4/2003 Wells Fargo 10100 Total $11,796.35
Refer 90903 ESS BROTHERS AND SONS, INCO
E 609-49750-252 Beer For Resale
E 609-49750-252 Beer For Resale
E 609-49750-252 Beer For Resale
E 609-49750-252 Beer For Resale
E 609-49750-252 Beer For Resale
Cash Payment E 675-49425-220 Repair/Maint Supply ADJ RING ETC $543.15
Invoice FF3561
Cash Payment E 602-49450-221 Equipment Parts FABRICATED GRATE $426.00
invoice FF3562
Transaction Date 8/26/2003 Wells Fargo 10100 Total $969.15
Refer 90903 EXTREME BEVERAGE
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $64.00
Invoice 142439
Transaction Date 9/4/2003 Wells Fargo 10100 Total $64.00
Refer 90903 G & K SERVICES
Cash Payment E 101-43100-218 Clothing and Uniforms 08-19-03 UNIFORMS $33.67
Invoice 666746
Cash Payment E 601-49400-218 Clothing and Uniforms 08-19-03 UNIFORMS $33.67
Invoice 666746
Cash Payment E 602-49450-218 Clothing and Uniforms 08-19-03 UNIFORMS $33.67
Invoice 666746
Cash Payment E 101-43100-230 Shop Materials 08-19-03 MATS $28.68
Invoice 666746
Cash Payment E 601-49400-230 Shop Materials 08-19-03 MATS $28.68
Invoice 666746
Cash Payment E 602-49450-230 Shop Materials 08-19-03 MATS $28.68
Invoice 666746
Cash Payment E 222-42260-216 Cleaning Supplies 09-02-03 MATS $57.49
Invoice 679994
Cash Payment E 101-45200-223 Building Repair Supplies 09-02-03 MATS $50.71
Invoice 679995
Cash Payment E 101-41910-460 Janitorial Services 09-02-03 MATS $59.51
Invoice 679996
Cash Payment E 609-49750-460 Janitorial Services 09-02-03 MATS $36.77
invoice 679992
Cash Payment E 101-43100-218 Clothing and Uniforms 08-26-03 UNIFORMS $32.19
Invoice 673361
Cash Payment E 601-49400-218 Clothing and Uniforms 08-26-03 UNIFORMS $21.19
Invoice 673361
Cash Payment E 602-49450-218 Clothing and Uniforms 08-26-03 UNIFORMS $32.18
Invoice 673361
-3449-
CITY OF MOUND
Payments
09105103 8:41 AM
Page 4
Current Period: September 2003
Cash Payment E 101-43100-230 Shop Materials 08-26-03 MATS $20.15
Invoice 673361
Cash Payment E 601-49400-230 Shop Materials 08-26-03 MATS $20.15
Invoice 673361
Cash Payment E 602-49450-230 Shop Materials 08-26-03 MATS $20.15
Invoice 673361
Transaction Date 9/4/2003 Wells Fargo 10100 Total $537.54
Refer 90903 GRIGGS COOPER AND COMPANY
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR -$6.50
Invoice 619311
Cash Payment LIQUOR $7,735.27
Invoice 764422
Cash Payment WINE $139.80
Invoice 764421
Cash Payment LIQUOR $7,221.15
Invoice 761351
Cash Payment WINE $1,514.25
Invoice 761350
Cash Payment WINE $670.80
Invoice 761349
Cash Payment WINE $281.25
I Invoice 761165
Transaction Date 9~4/2003 Wells Fargo 10100 Total $17,556.02
Refer 90903 HENNEPIN COUNTY TREASUR (R
Cash Payment E 101-41600-450 Board of Prisoners 07-03 ROOM AND BOARD $750.50
Invoice 000103
Transaction Date 9/3/2003 Wells Fargo 10100 Total $750.50
Refer 90903 HENNEPIN COUNTY TREASURER
Cash Payment G 101-22801 Deposits/Escrow 5733 LYNWOOD SATISFACTION $14,039.97
Invoice 090903
Transaction Date 9/3/2003 Wells Fargo 101 O0 Total $14,039.97
Refer 90903 HENNEPIN TECHNICAL COLLEGE
Cash Payment E 222-42260-434 Conference & Training TEXT EMERGENCY CARE $80.00
Invoice 00067975
Transaction Date 8/29/2003 Wells Fargo 10100 Total $60.00
Refer 90903 HOME DEPOT/GECF
E 101-43100-230 Shop Materials
Cash Payment
Invoice 9010754
Cash Payment
Invoice 9010754
Cash Payment
Invoice 9010754
Cash Payment
E 609-49750-251 Liquor For Resale
E 609-49750-253 Wine For Resale
E 609.49750-251 Liquor For Resale
E 609-49750-253 Wine For Resale
E 609-49750-253 Wine For Resale
E 609.49750-253 Wine For Resale
E 601-49400-230 Shop Materials
E 602-49450-230 Shop Materials
E 101-45200-221 Equipment Parts
Invoice 020901-5020291 PO 17919
Date 8/26/2003
LUMBER
LUMBER
LUMBER
RATCHETS, STUDS
Wells Fargo
$15.19
$15.19
$15.18
$231.40
10100 Total $276.96
Refer 90903 IKON OFFICE MA CHINES
-3450-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 5
Cash Payment E 101.42110-202 Duplicating and copying 08-24-03 THRU 09-24-03 MAINTENANCE $137.69
Invoice 23887121
Transaction Date 9/3/2003 Wells Fargo 10100 Total $137.69
Refer 90903 INFRATECH
Cash Payment E 601-49400-230 Shop Materials MARKING PAINT $121.41
Invoice 0310340 PO 17913
Transaction Date 8/26/2003 Wells Fargo 10100 Total $121.41
Refer 90903 ISLAND PARK SKELL Y
Cash Payment $58.00
invoice 14021
Cash Payment $498.48
Invoice 14051
Cash Payment $143.24
Invoice 14078
Cash Payment $25.86
Invoice 14109
Cash Payment $89.95
Invoice 14159
Cash Payment $64.49
Invoice 14169
Cash Payment $56.24
Invoice 14174
Cash Payment $116.97
Invoice 14192
Cash Payment $82.99
Invoice 14196
Cash Payment $25.86
Invoice 14235
Cash Payment $25.86
Invoice 14238
Cash Payment $223.79
Invoice 14250
Cash Payment $129.19
Invoice 14258
Cash Payment $452.03
Invoice 14264
Cash Payment $63.00
Invoice 14161
Transaction Date 9/3/2003 Wells Fargo 10100 Total $2,055.95
Refer 90903 JOHNSON BROTHERS LIQUOR
E 101-42110-404 Repairs/Maint Machinery SCAN COMPUTER CODE
E 101-42110-404 Repairs/Maint Machinery FAN ASSEMBLY
E 101-.42110-404 Repairs/Maint Machinery EVAP CODE COMPUTER
E 101-42110-404 Repairs/Maint Machinery OIL CHANGE
E 101-42110-404 Repairs/Maint Machinery COMPUTER SCAN
E 101-42110-404 Repairs/Maint Machinery BLADE, FILTERS
E 101-42110-404 Repairs/Maint Machinery BLADE, FILTERS
E 101-42110-404 Repairs/Maint Machinery REPLACE BATTERY
E 101-42110-404 Repairs/Maint Machinery COMPUTER SCAN
E 101-42110-404 Repairs/Maint Machinery OIL CHANGE
E 101-42110-404 Re ~airs/Maint Machinery OIL CHANGE
E 101-42110-404 Repairs/Maint Machinery SHROUD ASSEMBLY
E 101-42110-404 Re )airs/Maint Machinery REPLACE FLASHER ASSEMBLY
E 101-42110-404 Re ~airs/Maint Machinery WHEEL BRG AND SENSOR
E 101-45200-404 Repairs/Maint Machinery REMQVE DRUM AND CLAEN SHOES
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $209.75
Invoice 1604617
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $594.20
Invoice 1604616
Cash Payment E 609-49750-253 Wine For Resale WINE $1,187.00
invoice 1604615
Cash Payment E 609-49750-253 Wine For Resale WINE $874.86
Invoice 1604614
-3451 -
CITY OF MOUND
Payments
09105103 8:41 AM
Page 6
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $896.50
Invoice 1604613
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $29.25
Invoice 1601556
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $1,378.91
Invoice 1601555
Cash Payment E 609-49750-253 Wine For Resale WINE $355.85
Invoice 1601554
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $59.98
Invoice 1601553
Cash Payment E 609-49750-253 Wine For Resale WINE $1,036.61
Invoice 1601552
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $3,194.60
Invoice 1601551
Transaction Date 9/4/2003 Wells Fargo 10100 Total $9,817.51
Refer 90903 KEEPERS, INCORPORATED
Cash Payment E 101-42110-500 Capital Outlay (GENERA NEW SQUAD EQUIPMENT $1,165.70
Invoice 15776-01 PO 17832
Cash Payment E 101-42110-500 Capital Outlay (GENERA NEW SQUAD EQUIPMENT $361.02
Invoice 15776 PO 18732
Transaction Date 9/3/2003 Wells Fargo 10100 Total $1,526.72
Refer 90903 KENNEDYAND GRAVEN
Cash Payment E 455-46377-300 Professional Srvs 07-03 CTY RD 15 REALIGNMENT $2,253.52
Invoice 57725
Transaction Date 9/3/2003 Wells Fargo 10100 Total $2,253.52
Refer 90903 LAKER NEWSPAPER
Cash Payment E 101-41110-351 Legal Notices Publishing 08-23-03 ORDINANCE #08-2003 $t19~40
Invoice 746
Cash Payment E 101-41110-351 Legal Notices Publishing 08-23-03 ORDINANCE 06-3002 $73.63
Invoice 748
Cash Payment E 101-41110-351 Legal Notices Publishing 08-23-03 ORDINANCE #07-2003 $652.72
Invoice 749
Cash Payment G 101-22931 2241 Southview Ln,03-10 W 08-23-03 WARAAPPLICATION $51.74
Invoice 760
Transaction Date 8/26/2003 Wells Fargo 10100 Total $897.49
Refer 90903 LAKER/PIONEER NEWSPAPER
Cash Payment E 609-49750-340 Advertising INSERTS/ADS -$99.00
Invoice 090903
Transaction Date 8/21/2003 Wells Fargo 10100 Total -$99.00
Cash Payment E 455-46380-300 Professional Srvs LONGPRE DEMOLITION $63,365.25
Invoice PAYMENT #1
Transaction Date 9/3/2003 Wells Fargo 10100 Total $63,365.25
~;~,;r 90903 ~WS°NPR~DO~TSi~iNC
Payment E 101-43100-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $104.64
Invoice 1202471
-3452-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 7
Current Period: September 2003
Cash Payment E 601-49400-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $104.64
Invoice 1202471
Cash Payment E 602-49450-220 Repair/Maint Supply MISCELLANEOUS SUPPLIES $104.65
Invoice 1202471
Transaction Date 9/3/2003 Wells Fargo 10100 Total $313.93
Refer 90903 MARK VII DISTRIBUTOR
Cash Payment E 609-49750-252 Beer For Resale BEER $32.00
Invoice 579412
Cash Payment E 609-49750-252 Beer For Resale BEER $37.30
invoice 579411
Cash Payment E 609-49750-252 Beer For Resale BEER $2,313.90
Invoice 579410
Transaction Date 9/4/2003 Wells Fargo 10100 Total $2,383.20
Refer 90903 MARLIN'S TRUCKING DELIVERY
Cash Payment E 609-49750-265 Freight 08-04-03 DELIVERY CHARGE $19.80
invoice 34
Cash Payment E 609-49750-265 Freight 08-07-03 DELIVERY CHARGE $150.30
Invoice 13012
Cash Payment E 609-49750-265 Freight 08-11-03 DELIVERY CHARGE $31.50
Invoice 13020
Cash Payment E 609-49750-265 Freight 08-14-03 DELIVERY CHARGE $190.80
Invoice 13042
Cash Payment E 609-49750-265 Freight 08-21-03 DELIVERY CHARGE $231.30
Invoice 13069
Cash Payment E 609-49750-265 Freight 08-25-03 DELIVERY CHARGE $30.60
Invoice 13076
Cash Payment E 609-49750-265 Freight 08-28-03 DELIVERY CHARGE $207.90
Invoice 13097
Cash Payment E 609-49750-265 Freight 08-29-03 DELIVERY CHARGE $17.10
Invoice 13107
Transaction Date 9/4/2003 Wells Fargo 10100 Total $879.30
Refer 90903 MCCARVILLE, MICHAEL
Cash Payment E 222-42260-219 Safety supplies REIMBURSE FOR SCBA MASK $108.67
Invoice 090903
Transaction Date 9/3/2003 Wells Fargo 10100 Total $108~67
Refer 90903 METRO FIRE
Cash Payment E 222-42260-409 Other Equipment Repair WINDSHIELD NOZZLE $21.82
Invoice 14160
Transaction Date 8/2912003 Wells Fargo 10100 Total $21.82
Refer 90903 METROPOLITAN AREA .MANAGEM
Cash Payment E 101-41310-434 Conference & Training 08-21-03 MEETING $18.00
Invoice 090903
Transaction Date 9/4/2003 Wells Fargo 10100 Total $18.00
Refer 90903 MORAN USA, LLC
Cash Payment E 609-49750-255 Misc Merchandise For R MISCELLANEOUS $242.09
Invoice 217780
Transaction Date 9/4/2003 Wells Fargo 10100 Total $242.09
-3453-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 8
Current Period: September 2003
Refer 90903 MOST DEPENDABLE FOUNTAINS,
Cash Payment E 101.45200-221 Equipment Pads CARTRIDGE AND HOSE $74.00
Invoice 21591
Transaction Date 9/3/2003 Wells Fargo 10100 Total $74.00
Refer 90903 MOUND FIRE RELIEF ASSOCIA TIO
Cash Payment E 895~49990-124 Fire Pens Contrib 08-03 FIRE RELIEF $9,361.66
Invoice 090903
Transaction Date 9/5/2003 Wells Fargo 10100 Total $9,361.66
Refer 90903 MUZAK - MINNEAPOLIS
Cash Payment E 609-49750-440 Other Contractual Servic 09-03 MUSIC SERVICE $92.90
Invoice A395174
Transaction Date 9/4/2003 Wells Fargo 10100 Total $92.90
Refer 90903 NAGELL APPRAISAL AND CONSUL
Cash Payment E 101-42400-300 Professional Srvs 2260 WESTEDGE BLVD APPRAISAL $1,600.00
Invoice 11267
Transaction Date 9/3/2003 Wells Fargo 10100 Total $1,600.00
Refer 90903 NATIONAL WATERWORKS
Cash Payment E 601-49400-220 RepaidMaint Supply METER EQUIPMENT $552.85
Invoice 9673867
Date 9/3/2003 Wells Fargo 10100 Total $552.85
Refer 90903 NEW FRANCE WINE COMPANY
Cash Payment E 609-49750-253 Wine For Resale WINE $566.00
Invoice 22026
Transaction Date 9/4/2003 Wells Fargo 10100 Total $566.00
Refer 90903 NEWMAN SIGNS
Cash Payment E 101-43100-226 Sign Repair Materials TOP FLAT BRACKETS $170.22
Invoice TI-0110104
Transaction Date 8/26/2003 Wells Fargo 10100 Total $170.22
Refer 90903 NORTHERN TOOL AND EQUIPMEN
Cash Payment E 602-49450-500 Capital Outlay (GENERA SAW, LIGHT KIT, ETC $585.64
Invoice 821334249
Transaction Date 9/3/2003 Wells Fargo 10100 Total $585.64
Refer 90903 NORTHERN WATER WORKS SUPP
Cash Payment E 601-49400-221 Equipment Pads METERS $351.61
Invoice 3189436
Cash Payment E 601-49400-202 Duplicating and copying METERS $304.57
Invoice 3189965
Transaction Date 8/29/2003 Wells Fargo 10100 Total $656.18
Refer 90903 OSMEK, DA VID
Cash Payment G 101-22801 Deposits/Escrow
Invoice 090903
Transaction Date 9/3/2003
90903 PAUSTIS AND SONS WINE COMPA
Cash Payment E 609-49750-253 Wine For Resale
Invoice 8013351
FOAM PLANTER BOXES
Wells Fargo 10100
WINE
$63.90
Total $63.90
$3,775.45
-3454-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 9
Cash Payment E 609-49750-253 Wine For Resale WINE $19.95
Invoice 8013352
Cash Payment E 609-49750-253 Wine For Resale WINE -$20.33
Invoice 8013242
Cash Payment E 609-49750-253 Wine For Resale WINE $396.00
Invoice 8013265
Cash Payment E 609-49750-253 Wine For Resale WINE -$20~33
Invoice 8013242
Transaction Date 9/4/2003 Wells Fargo 10100 Total $4,150.74
Refer 90903 PEPSI-COLA COMPANY
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $275.04
invoice 49350587
Transaction Date 9/4/2003 Wells Fargo 10100 Total $275.04
Refer 90903 PHILLIPS WINE AND SPIRITS, INC
Cash Payment E 609-49750-253 Wine For Resale WINE $25.00
Invoice 983723
Cash Payment E 609-49750-253 Wine For Resale WINE $563.30
Invoice 983722
Cash Payment E 609-49750-253 Wine For Resale WINE $553.00
Invoice 983486
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $145.50
Invoice 983485
Cash Payment E 609-49750-253 Wine For Resale WINE $905.90
Invoice 981183
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $597.50
Invoice 981182
Transaction Date 9/4/2003 Wells Fargo 10100 Total $2,790.20
Refer 90903 PINNACLE DISTRIBUTING
Cash Payment E 609-49750-255 Misc Merchandise For R CREDIT--CIGARETTES -$15.97
Invoice 24609
Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $516.81
Invoice 24403
Cash Payment E 609-49750-255 Misc Merchandise For R CIGARETTES $526.04
Invoice 24934
Transaction Date 9/4/2003 Wells Fargo 10100 Total $1,026.88
Refer 909303 PLUNKETT'S, INCORPORATED
Cash Payment E 609-49750-440 Other Contractual Servic AUG,SEPT, OCT PEST CONTROL $40.80
Invoice 932879
Transaction Date 9/3/2003 Wells Fargo 10100 Total $40.80
Refer 90903 QUALITY WINE AND SPIRITS
Cash Payment E 609-49750-251 Liquor For Resale CREDIT-LIQUOR -$7.36
Invoice 286666-00
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $236.78
Invoice 301283-00
Cash Payment E 609-49750-253 Wine For Resale WINE $1,694.78
Invoice 300949-00
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $97.39
Invoice 300615-00
-3455-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 10
Cash Payment E 609-49760-251 Liquor For Resale LIQUOR $3,234.73
Invoice 300578-00
Cash Payment E 609-49750-253 Wine For Resale WINE $8.90
Invoice 300513-00
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $951.01
Invoice 299100-00
Cash Payment E 609-49750-253 Wine For Resale WINE $222.54
Invoice 298599-00
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $109.75
Invoice 298415-00
Cash Payment E 609-49750-254 Soft Drinks/Mix For Resa MIX $27.00
Invoice 296414-00
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $2,818.50
Invoice 298228-00
Cash Payment E 609-49750-251 Liquor For Resale LIQUOR $28.05
Invoice 298027-00
Transaction Date 9/4/2003 Wells Fargo 10100 Total $9,422.07
Refer 90903 R & S COLLISION SERVICES, INCO
Cash Payment E 101-42110-404 Repairs/Maint Machinery SQUAD 845 REPAIR $213.30
Invoice 090903 PO 17816
Transaction Date 8/29/2003 Wells Fargo 10100 Total $213.30
90903 RANDY'S SANITA TA TION
Cash Payment E 101-41910-384 Refuse/Garbage Dispos 08-03 GARBAGE SERVICE $114.54
Invoice 090903
Transaction Date 9/3/2003 Wells Fargo 10100 Total $114.54
Cash Payment E 101.45200-409 Other Equipment Repair FILTER ELEMENT $63.56
Invoice 02 2035379
Transaction Date 9/3/2003 Wells Fargo 10100 Total $63.56
Refer 90903 SCHWALBE, SUE
Cash Payment E 101-41110.434 Conference & Trainin~ REIMBURSE MEETING EXPENSE $23.00
Invoice 090903
Transaction Date 9/4/2003 Wells Fargo 10100 Total $23.00
Refer 90903 SENTRYSYSTEMS, INCORPORAT
Cash Payment E 609-49750-440 Other Contractual Servic 09-03 BURGLARY MONITORING $64.86
Invoice 330031
Transaction Date 9/3/2003 Wells Fargo 10100 Total $64.86
Refer 90903 SOS PRINTING
Cash Payment E 609-49750-340 Advertising 09-03 FLYERS $272.53
Invoice 64870
Cash Payment E 101-41310-200 Office Supplies RECEIPTS $61.52
Invoice 64839
Cash Payment E 101-41500-200 Office Supplies RECEIPTS $61.52
Invoice 64839
~ment E 101-42110-200 Office Supplies RECEIPTS $61.52
Invoice 64839
-3456-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 11
Cash Payment RECEIPTS $61.52
Invoice 64839
Cash Payment RECEIPTS $61.52
Invoice 64839
Cash Payment RECEIPTS $20.51
Invoice 64839
Cash Payment RECEIPTS $20.51
Invoice 64839
Cash Payment RECEIPTS $30.76
Invoice 64839
Cash Payment RECEIPTS $30.75
Invoice 64839
Transaction Date 8/28/2003 Wells Fargo 10100 Total $682.66
Refer 90903 STAR-WEST CHEVROLET/OLDS
Cash Payment E 101-45200-404 Repairs/Maint Machinery BLAZER REPAIR $609.80
Invoice 179276
Transaction Date 812812003 Wells Fargo 10100 Total $609.80
Refer 90903 STERNE ELECTRIC COMPANY
Cash Payment E 101-43100-381 Electdc Utilities DISCONNECTED STREET LIGHT $150.00
Invoice 8148
Transaction Date 8/26/2003 Wells Fargo 10100 Total $150.00
E 101-42400-200 Office Supplies
E 101-45200-200 Office Supplies
E 101.43100-200 Office Supplies
E 609-49750-200 Office Supplies
E 601-49400-200 Office Supplies
E 602-49450-200 Office Supplies
Project 063003
Project 063003
10100
$210.87
$257.73
Total $468.60
Refer 90903 STREICHER'S
Cash Payment E 496.46580-500 Capital Outlay (GENE~RA PISTOL LOCKER
Invoice 385662.1
Cash Payment E 496-46580-500 Capital Outlay (GENERA PISTOL LOCKER
invoice 385639.1
Transaction Date 8/26/2003 Wells Fargo
Refer 90903 SUBURBAN TIRE COMPANY
Cash Payment E 601-49400-221 Equipment Parts MISCELLANEOUS SUPPLIES $509.07
Invoice 10015202 PO 17918
Transaction Date 9/3/2003 Wells Fargo 10100 Total $509.07
Refer 90903 THORPE DISTRIBUTING COMPAN
Cash Payment E 609.49750-252 Beer For Resale
CREDIT-BEER
E 609-49750-252 Beer For Resale BEER
E 609-49750-252 Beer For Resale BEER
E 609.49750-252 Beer For Resale BEER
E 609-49750-252 Beer For Resale BEER
E 609-49750-252 Beer For Resale BEER
E 609-49750-252 Beer For Resale BEER
E 609-.49750-252 Beer For Resale BEER
-$9,689.40
$551.00
$1,861.00
$8,966.50
$88.40
$372.00
$88,40
$2,55O.OO
Invoice 305222-B
Cash Payment
Invoice 265944
Cash Payment
Invoice 308139
Cash Payment
Invoice 307571
Cash Payment
Invoice 307570
Cash Payment
Invoice 266672
Cash Payment
Invoice 309122
Cash Payment
Invoice 309123
-3457-
CITY OF MOUND
Payments
09/05~03 8:41 AM
Page 12
Cash Payment E 609-49750-252 Beer For Resale BEER $9,411.80
Invoice 308457
Cash Payment E 609-49750-252 Beer For Resale BEER $134.35
Invoice 308456
Cash Payment E 609-49750-252 Beer For Resale BEER $1,315.90
Invoice 308467
Transaction Date 8/21/2003 Wells Fargo 10100 Total $15,649.95
Refer 90903 THYSSEN-KRUPP ELEVATOR COR
Cash Payment E 101-41910-440 Other Contractual Servic 09-01-03 THRU 11-30-03 ELEVATOR $491.04
MAINTENANCE
Invoice 4496428
Transaction Date 9/3/2003 Wells Fargo 10100 Total $491.04
Refer 90903 TOTAL REGISTER SYSTEMS, INC.
Cash Payment E 609-49750-210 Operating Supplies 08-28-03 SERVICE CALL $99.00
Invoice 15659
Transaction Date 9/3/2003 Wells Fargo 10100 Total $99.00
Refer 90903 TRENCHERSPLUS, INCORPORAT
Cash Payment E 101-43100-221 Equipment Parts KNIFE SHARPEN $48.95
Invoice WT23926
Transaction Date 9/3/2003 Wells Fargo 10100 Total $48.95
90903 TRI-STATE PUMP AND CONTOL, I
Cash Payment E 602-49450-500 Capital Outlay (GENERA PUMP $3,993.75
Invoice 22410
Transaction Date 8/26/2003 Wells Fargo 10100 Total $3,993.75
Cash Payment E 101-41310-200 Office Supplies $0.92
Invoice 396997-0
Cash Payment E 101-41500-200 Office Supplies $0.92
Invoice 396997-0
Cash Payment E 101-42110-200 Office Supplies $0.92
Invoice 396997-0
Cash Payment E 101-42400-200 Office Supplies $0.92
invoice 396997-0
Cash Payment E 101-45200-200 Office Supplies $0.92
Invoice 396997-0
Cash Payment E 101-43100-200 Office Supplies $0.31
Invoice 396997-0
Cash Payment E 609.49750-200 Office Supplies $0.31
Invoice 396997-0
Cash Payment E 601-49400-200 Office Supplies $0.46
Invoice 396997-0
Cash Payment E 602-49450-200 Office Supplies $0.44
Invoice 396997-0
Cash Payment E 101-42110-200 Office Supplies $164.21
Invoice 397829-0 PO 17842
Date 9/4/2003 Wells Fargo 10100 Total $170.33
Refer 90903 US BANK TRUST NATIONAL ASSO
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
MISCELLANEOUS OFFICE SUPPLIES
DISKS,PENS,INK,ETC
-3458-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 13
Cash Payment E 396-47000-620 Fiscal Agent°s Fees LEASE REV BONDS 2002 $950.00
Invoice CTS000680890
Transaction Date 9/3/2003 Wells Fargo 10100 Total $950.00
Refer 90903 VALLEY PA VING, INCORPORATED
Cash Payment E 401-43105-300 Professional Srvs 2003 STREET RECONSTRUCTION $94,021.78
Invoice PAYMENT #2 Project 14121
Transaction Date 9/3/2003 Wells Fargo 10100 Total $94,021.78
Refer 90903 WALDRON, PAUL A. AND ASSOClA
Cash Payment E 101-43100-300 Professional Srvs 08-03 INSPECTIONS $60.00
Invoice 090903
Transaction Date 9/3/2003 Wells Fargo 10100 Total $60.00
Refer 90903 WATERTOWN PARTS CENTER
Cash Payment E 101-43100-404 Repairs/Maint Machinery OIL FILTERS $34.68
Invoice 352742 PO 17920
Transaction Date 9/3/2003 Wells Fargo 10100 Total $34.68
Refer 90903 WESTONKA MECHANICAL
Cash Payment E 601-49400-440 Other Contractual Servic 2669 HALSTEAD LANE REPAIRS $63.50
Invoice 29729
Transaction Date 8/29/2003 Wells Fargo 10100 Total $63.50
Refer 90903 WlDMER, INCORPORATED
Cash Payment E 602-49450-400 Repairs & Maint Contract REPAIR GATE VALVE $1,537.50
Invoice 107
Cash Payment E 601-49400-500 Capital Outlay (GENERA 08-18-03 REPLACE HYDRANT $1,087.50
Invoice 119
Cash Payment E 601-49400-500 Capital Outlay (GENERA REPLACED HYDRANT $1,015.00
Invoice 101
Transaction Date 8/26/2003 Wells Fargo 10100 Total $3,640.00
Refer 90903 WINE COMPANY
Cash Payment E 609-49750-253 Wine For Resale WINE $734.26
Invoice 10384-00
Transaction Date 9/4/2003 Wells Fargo 10100 Total $734.26
Refer 90903 WINE MERCHANTS
Cash Payment E 609-49750-253 Wine For Resale WINE $464.00
Invoice 79915
Transaction Date 9/4/2003 Wells Fargo 10100 Total $464.00
Refer 90903 XCEL ENERGY
Cash Payment E 609-49750-381 Electdc Utilities 07-03 ELECTRIC SERVICE $1,912.05
Invoice 090903
Cash Payment E 609-49750-381 Electric Utilities 08-03 ELECTRIC SERVICE $1,839.87
Invoice 090903
Transaction Date 9/3/2003 Wells Fargo 10100 Total $3,751.92
-3459-
CITY OF MOUND
Payments
09/05/03 8:41 AM
Page 14
Current Period: September 2003
Fund Summary
10100 Wells Fargo
101 GENERAL FUND $29,083.22
222 AREA FIRE SERVICES $267.98
281 COMMONS DOCKS FUND $13.25
396 2002-HRA Lease Revenue Bonds $950.00
401 GENERAL CAPITAL PROJECTS $94,021.78
455 TIF 1-2 $65,618.77
496 HRA PUBLIC SAFETY BLDG $468.60
601 WATER FUND $14,560.99
602 SEWER FUND $6,808.59
609 MUNICIPAL LIQUOR FUND $94,239.67
675 STORM WATER UTILITY FUND $543.15
895 FIRE RELIEF FUND $9,361.66
$315,937.66
Pre-Written Check
Checks to be Generated by the Compute
Total
$0.00
$315,937.66
$315,937.66
-3460-
CITY OF MOUND
ORDINANCE NO.._.-2003
AN ORDINANCE AMENDING SECTION 437 OF THE MOUND CITY CODE AS IT
RELATES TO DOCK AND SLIP LICENSES
The City of Mound does ordain:
Section 437.05, Subd. 3 be amended to read as follows:
Subd. 3. Two Residents may Share a Dock Subject to the Conditions
Contained Herein. Where dock permits are shared and issued to two residents
entitled to permits of the first and second priority, then the following conditions
shall apply:
Beqinnin.q December 31, 2003, a new Share must have been on the
waiting list for at least one year before being eligible to be a Share.
a. b_ That duplicate information (including boat licenses) for each of the
licensees be included on the license application;
That each of the licensees retains priority rights to individual dock permits
as vacation occurs in the immediate subdivision shoreline. Before a
license can claim priority rights they must have participated in the
program a minimum of two consecutive boating seasons at the same site.
The full boating season requirement is met when the share is added
between January 1st and May 31st of the license year. (ORD. 10-2001,
12/8/01)
fee as
Code.
That the fee for each licensee shall be one-half the fee plus a shared dock
established in accordance with the provisions of Section 500 of the City
by (ORD. 45-1990 - 12-29-90) (ORD. 01-2001,2/25/01 )
Passed by the City Council this 9th day of September, 2003.
Attest: Bonnie Ritter
Mayor Pat Meisel
-3461 -
DOCK AND COMMONS ADVISORY COMMISSION MINUTES
August 21, 2003
Present:
Commissioners Gerald Jones, Greg Eurich, Jim Funk, Frank Ahrens,
Council Representative Mark Hanus, Parks Director Jim Fackler, Docks
Administrator Katie Hoff, and Secretary Denice Widmer
Absent and Excused: Mark Goldberg
Chair Jim Funk called the meeting to order at 7:35pm.
1. Approval of June 19, 2003 Minutes
MOTION by Ahrens to approve the June 19, 2003.:Mi~i::sSECONDED by Funk.
Motion carried.
2. Agenda Changes. None
3. Comments and suggestions from citiZeh~i~'i~esent;6~ :any item not °~:'{he
Agenda. None
4. Discuss: 2003 Ri
Fackler gave a brief overview, P~k needed to be
completed and
Discussion
Cen~
Discuss:
g sites on the list.
get q~°tes on both Crescent Park and
the SO~ember DCAC meeting.
~ts
asked if revenue was based on the current fees. Katie
followed.
DCAC Dock/Slip Fees remain the same for
bY'Eurich. Motion carried.
b) >le: Fackler stated that the multiple had been suggested
by a way to rectify a potential problem when two docks had to
be to satisfy the setbacks. Fackler stated the situation has
and there was no need for discussion at this time.
c) Centerview Multiple: Fackler gave a brief overview, explaining that he
would like the LMCD to view the site before inviting the public in.
Discussion followed. Fackler will meet with the LMCD to go over the site
and devise a plan. It was tentatively set to invite the public to the November
DCAC meeting.
Discuss: Change tO Ordinance 437 05
Ahrens asked Katie what the objective in changing the ordinance was. Katie
explained that the real estate issues that led to this change, stating that the main
objective was to make it fair to those currently on the waiting list. Fackler
-3462-
suggested grandi~tthenng currem snares, aha cnangmg tne wommg a: :~=
ordinance so it applied to new shares. Discussion followed on adding a start date
of December 31, 2003 at the beginning of the addition to the Ordinance to read:
"Effective December 31, 2003, a new Share must have been on the waiting list
for at least I year before being eligible to be a Share."
MOTION by Funk to approve the change to City Ordinance 437.05 with the
addition of the start date. SECONDED by Eurich. Motion carried.
7. Discuss: September Agenda Calendar
2003 Share Count and Activity Report was moved to
2003 Boat Count was moved to November
2004 Dock/Slip Fees was removed
Rip-Rap Quotes were added to September
Also: All October Agenda items were
will not be a quorum for the
to ~he
8. FYI: No reports from the City Council
MOTION to adjourn the meeting ~s.
Meeting adjourned at 8:50pm. '~iiii~ ~:'!i!~:~ii~i~!i!!!iii!:ii~;~
as there
or the Parks Director
Funk. Motion carried.
-3463-
5341 Ma3~,ood Road
Mound, MN 55364
(952) 472-3190
Memorandum
To: Honorable Mayor and
City Council
From: Sarah Smith / John Cameron
Date: 9/4/2003
Re: Floodplain Alteration Permit Application Update - 5446 Bartlett Boulevard
Background
At its August 26, 2003 meeting, the City Council reviewed the floodplain alteration permit
application from Martin Sarenpa pursuant to City Code Chapter City Code Chapter 300.13
Subd 4 (b) which states that the placement of fill in the flood fringe shall result in a no-net
decrease in 100-year flood storage. The current proposal includes the removal of 440 cubic
feet in the northeast corner of the property to compensate for the 1160 cubic feet of fill which
was brought on site last tall.
Due to concerns that were brought up from adjacent property owners regarding possible tree
impacts and on-going drainage problems, the City Council tabled the application to its
September 9, 2003 meeting and requested that City staff to research the matter(s).
New Information
On September 3, 2003, members of City staff including John Cameron and myself met with the
applicant and neighbors on site to view the proposed project area(s).
Based on discussion with Meg Jeffery of Schoell and Madson, it is City staff's understanding
that the applicant is making modifications to the proposal to undertake the excavation activities
in an alternate area so as to minimize impacts in the northeast comer and will be forwarding a
modified plan to City staffthe week of September 15, 2003.
Recommendation
City staff is recommending that the City Council table discussion on the floodplain permit until
its September 23, 2003 meeting.
-3464-
08/26/2003 02:03 FAX 9524720620 CITY OF MOUND ~001
CITY OF MOUND
$341 MAYWOOD ROAD
MOUND, MINNESOTA $$364
PARADE PERMIT
NO LIQUOR OR BEER MAY BE USED IN ANY OF TI-~, CITY PARKS, BUILDINGS OR
S'FF,.EETS.
Group is to remove all litter and trash and provide a deposit to insure cleaning up of the parade
route.
Area to be Us_ed (Streets t~ be used as, Parade route, Parade Line-up Area, etc. - include map if
Expected A~cn~ce ~00 - I 0 0 00o ~ ri
DriversLice~eNmber ~- ~ - ~ - ~O ~ - %~ ~
Park Dept.
-3465-
Engineering · Planning ° Surveying
September 3, 2003
Ms. Kandis Hanson, City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1627
SUBJECT:
City of Mound
2003 Street Reconstruction
Partial Payment
MFRA #14121
Dear Kandis:
Enclosed is Valley Paving's Payment Request No. 2 for work completed through August 31, 2003
on the subject project. The amount of this payment request is $94,021.78.
We have reviewed this request, find it in order, and recommend payment in the above amount to
the Contractor.
If you have any questions or need additional information, please contact me.
Sincerely,
MFRA
John Cameron, City Engineer
JC:rth
cc: Gino Businaro, Finance Director
Enclosure
s:h-nain:kmou 14121 \correspondence\part-payg-3
-3466-
15050 23rd Avenue North · Plymouth, Minnesota · 55447
phone 763/476-6010 · fax 763/476-8532
e-mail: mfra@mfra.com
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-3467-
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-3468-
Engineering " Planning ' Surveying
September 3, 2003
Ms. Kandis Hanson, City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364-1627
SUBJECT:
City of Mound
Longpre Building Demolition
Partial Payment
MFRA #13314
Dear Kandis:
Enclosed is Landwehr's Payment Request No. 1 for work completed through August 31, 2003 on the
subject project. The amount of this payment request is $63,365.25.
We have reviewed this request, find it in order, and recommend payment in the above amount to the
Contractor.
If you have any questions or need additional information, please contact me.
Sincerely,
MFRA
John Cameron, City Engineer
JC:pry
cc: Gino Businaro, Finance Director
Enclosure
s:Xmain:~vlou 13314:\Correspondence~anson9-3
-3469-
15050 23rd Avenue North · Plymouth, Minnesota · 55447
phone 763/476-6010 · fax 763/476-8532
e-ma#: mfra@mfra.com
-3470
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-3471 -
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EXECUTIVE SUMMARY
Hoisington Koegler Group Inc.
TO: Mound Council, Planning Commission and Staff
FROM: Loren Gordon, AICP
DATE: September 5, 2003
SUBJECT: Langdon Trails Preliminary Plat
APPLICANT: Wara Real Estate
CASE NUMBERS: 03-33
HKG FILE NUMBER: 03-05
LOCATION: 2241 Southview Lane
ZONING: R-1 Single Family Residential
COMPREHENSIVE iPLAN: Low Density Residential
The Preliminary Plat and associated Planned Development Area (PDA) was reviewed by the
Planning Commission at their July 2 I, 2003 and August 18, 2003 rneetings. The plat creates 13
single-family lots from the 5.4 acre property. Improvements include a public street connection to
Southview Lane with two cul-de-sacs internal to the development, a trail connection to the former
Dakota Rail right-of-way, a storm water pond and associated utility infrastructure. Park
dedication fees will be remitted in lieu of a park. StafFs recommendation is for approval with a
number of conditions.
Concerns regarding the loss of trees and drainage fi-om the adjacent DNR protected ~etland were
raised by neighbors at the Planning Commission rneetings. Grading will occur over all of the
property which will remove nearly all trees on site. Staff suggested that the grading plan would
need to be altered to protect selected stands. The Planning Commission did not specifically
comment on protection areas and a condition to protect trees is not included in their motion for
approval. Drainage from the DN'P, wetland is a concern of neighbors, Staff and the applicant.
The applicant has worked to gain inforrnation on flood elevation information of the wetland but
has not been able to identify it at this time. The DNR has indicated that data may not be available.
Part of the City Engineer's conditions for approval is to adequately address this situation prior to
approval of the final plat. This will likely result in additional analysis/study to resolve this issue.
A resolution for approval of the Preliminary Plat and PDA is in order for City Council
consideration.
123 North Third Street, Suite 100, Minneapolis, Mim~esota 55401
(612) .~.~8-0800 la'ax (612) ~.~8-68_,8
-3472-
RESOLUTION #03-
A iRESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND
GRANTING PRELIMINARY PLAT APPROVAL FOR THE
LANGDON TRAILS RESIDENTIAL DEVELOPMENT AS A
PLANNED DEVELOPMENT AREA (PDA)
BY CONDITIONAL USE PERMIT (CUP)
P&Z CASE #03-33
PID #14-117-24-34-0004
WHEREAS, the applicant, WARA Real Estate, has submitted a Preliminary Plat application
for a single family residential development called Langdon Trails in the manner required for platting
of land under the City of Mound Code, Section 330:00 and under Chapter 462 of the Minnesota State
Statue and all proceedings have been duly conducted there under; and,
WHEREAS, the proposed development includes 5.4 acres of land, would be subdivided into
13 single family lots. Two publicly dedicated street right-of-ways provide access from Southview
Lane located at the northeast corner of the site. An unimproved portion of Southview Lm~e forms the
eastern property boundary; and,
WHEREAS, the site is generally conducive to residential development as proposed.
Surrounding development consists of single family residential homes. The site is zoned R-1 Single
Family Residential. As proposed, the lots would comply with bulk standards of the R-I District
including 10,000 square feet of lot area and 60 feet of lot width. Through the Planned Development
Area process, the applicant has proposed to reduce the street right-of-way to 40 feet, front yard
setbacks to 25 feet and one sideyard on each lot to 6 feet; and,
WHEREAS, the proposed development of the property is consistent with the low density
residential guidance by the land use plan at an overall density of 2.4 dwelling units/acre; and
WHEREAS, the physical characteristics of the site are suitable for the type and density of
development contemplated and proposed subdivision is consistent with the Comprehensive Plan and
existing land uses ira the area; and,
WHEREAS, water' utility infi'astructure would need to be extended from Southview iLane
through the site to provide a looped system, in this area. Sanitary sewer service would connect to an
existing line in Southview Lane; and,
WHEREAS, surface water management infrastructure includes storm water intakes ira the
proposed roadways which would drain through pipes to a storm water pond located on lot 11.
Overflow structures for the pond are designed to outlet into the adjacent wetland on lot 12; and,
WHEREAS, surface water drainage also passes through the site from the DNR wetland
adjacent to and on lots 6 and 7. The development plan accommodates overland flows from this
-3473-
wetland as shown in the grading plan but actual volumes from a large storm event are not known at
this time; and,
WHEREAS, the Planning Commission, on July 21, 2003 and August 18, 2003, held a public
hearing pursuant to Section 330:00 of the Mound City Code of Ordinances, to review the proposed
subdivision; and,
WHEREAS, the Planning Commission and City Council have studied the practicability of the
preliminary plat taking into consideration the requirements of the City, giving particular attention to
the lot arrangement their relation to topography, water supply, sewage disposal, drainage, the present
development of adjoining lands and the requirements of the Zoning Ordinance and other official
controls; and,
WHEREAS, said plat is in all respects consistent with the City Comprehensive Plan and the
regulations and the requirements oF the laws of the State of Minnesota and the City Code oF
Ordinances of the City of Mound; and,
NOW THEREFORE, BE liT RESOLVED by the City Council of the City of Mound,
Minnesota:
The Langdon Trails Preliminary Plat and accompanying plans dated August 6, 2003,
is hereby approved subject to the following conditions:
1. The WCA provisions apply to the development.
The Preliminary Plat shall be subject to cornpliance with the comments and
recommendations included in the City Engineer's reports dated July 17, 2003 and
August 8, 2003.
3. Park dedication Fees in lieu of land dedication upon approval of the final plat.
4. Provide a trail easement 20 feet in width along the common side lot line of lots 11
and 12.
5. Satisfy any requirements of the City Engineer to address drainage from the DNR
wetland through the property.
The applicant shall be responsible for the installation of private utilities. The
utilities shall not be installed until the boulevard or utility easements have been
graded and the grade elevations are approved by the City Engineer. All utilities
shall be located underground
The plat shall be filed with Hennepin County within one hundred eighty (180)
days of the City Council approving the final plat. If the plat is not filed within that
time period, it shall become null and void.
-3474-
The applicant shall secure and provide copies to the City's Building Official of all
reviews and required permits from the Minnesota Department of Health and the
Minnesota Pollution Control Agency, or any other applicable permits, prior to
beginning construction. The Building Official will not authorize construction until
permits are'secured
9. No building permits shall be issued until the Final Plat has been filed and recorded
at Hennepin County.
10. The WCA No Net Loss Determination / Exemption is approved and executed.
11.
Prior to any occupancy the applicant shall secure Certificates of Occupancy from
the Building Official. Certificates will not be issued for homes in the subdivision
until utilities and access servicing the homes are approved by the City Engineer,
Public Works Superintendent, and Building Official.
12. The applicant will reimburse the City fol' legal, engineering and planning costs
incurred for review and approval of this plat.
B. The Langdon Trails Preliminm~ Plat is legally described in Exhibit "A"'
BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the
Mayor and City Manager shall be conclusive showing of proper compliance therewith by the
subdivider and City Officials and shall entitle such plat to be placed on record forthwith without
further formality, all in compliance with Minnesota Statute Chapter 462 and the City of Mound Code
of Ordinances.
The foregoing resolution was moved by Councilmember
Councilmember
and seconded by
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Pat Meisel, Mayor
Attest: City Clerk
-3475-
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www.cityofmound.com
CITY COUNCIL
CITY OF MOUND
MOUND, MINNESOTA
CASE # 03-33
NOTICE OF A CITY COUNCIL PUBLIC HEARING
TO CONSIDER AN APPLICATION FROM WARA REAL ESTATE
INCORPORATED FOR PRELIMINARY PLAT AND PLANNED
DEVELOPMENT AREA - CONDITIONAL USE PERMIT (PDA-CUP)
APPROVAL FOR A 13-LOT MAJOR SUBDIVISION OF THE PROPERTY
LOCATED AT 2241 SOUTHVIEW LANE
PID # 14-117-24-34-0004
NOTICE IS HEREBY GIVEN that the City Council of the City of Mound, Minnesota
will meet in the Council Chambers, 5341 Maywood Road, at 7:30 PM on Tuesday,
September 9, 2003 to hold a public hearing to consider an application from Wara Real
Estate Incorporated for Preliminary Plat and Planned Development Area - Conditional
'Use Permit (PDA-CUP) approval of the property located at 2241 Southview Lane. The
primary purpose for the PDA-CUP is to allow reduced setbacks for the proposed 13-lot,
single-family development to be called "Langdon Trails." The subject property is
legally described as follows:
That part of Lot 1, Block 12, MOUND TERRACE lying South of a line drawn
From a point on the Easterly line of Said Lot distant 100 feet Southerly from the
Southeast corner of the North 4 acres thereof, to a point on the West line of said
Lot distant 100 feet Southerly from the Southwest corner of the north 4 acres
thereof.
Copies of the application materials and detailed project plans are available to the public
upon request at City Hall. All persons appearing at said hearing with reference to the
above will be given the opportunity to be heard at this meeting.
Published in The Laker on August 23, 2003
J~ I(lorlander, Planning and
Inspections
_printed on recycled paper
3476-
STATE OF MINNESOTA')
)SS,
OO~NTY OF HENNEPIN)
AFFIDAVIT OF POSTING
HEARING NOTICE','
Case No.
, being duly sworn, on oath says th~It:°n the
day,of ~4'~ ~" ,20~_z~, he/she personall'
ed notice on the bulletin board at City Hall,' 534'1 Ma'
id, Minnesota.
]bsCribed'and sworn to before me, this _,~_~day
Jan. 31 ,:2005
Notary Public, Hennepin County,,
My Commission expires
-3477-
AFFIDAVIT OF MAILING
HEARING NOTICE
Case No.
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN
Jill Norlander, being duly sworn, deposes and says; I am a United States
Citizen, over twenty-one (21) years of age, and the Secretary. for Planning and
Inspections Department of the City of Mound, Minnesota.
On ~/J..~. ~ , 20 ~., acting on behalf of the City
I deposited in the United States Post Office at Mound, Minnesota, copies of the
attached notice of a hearing on proposed improvement, enclosed in sealed
envelopes, with postage thereon fully prepaid, addressed to the following persons
at the addresses appearing opposite their respective names.
NAME ADDRESS
*See attached list.
There is delivery service by the United States mail between the place of mailing
and the places so addressed.
Subscribed and sworn to before me this o~'~ day of
-3478-
MINUTE EXCERPTS
AUGUST 1.8, 2003
MOUND ADVISORY PLANNING COMMISSION
CASE #03-33 PUBLIC HEARING
PRELIMINARY PLAT AND PDA CUP
2241 SOUTHVIEW LANE - WARA REAL ESTATE INCORPORATED
The Planning Commission tabled this item at its July 21, 2003 meeting at the request of the
applicant due to a couple of unresolved issues. The primary issue being to further investigate
surface water drainage issues across the property from the DNR wetland.
Staff has been in contact with the applicant during the past month and there has been little
additional information regarding the flood elevation and resulting downstream flows from the
wetland. The City Engineer stated by memorandum that the drainage issues will be required to
meet City and Engineering requirements and could be addressed at final plat approval.
Street width has been altered to 40 feet as discussed in the previous meeting. Trail was realigned
connecting to the south extension of Southview, through the wetland buffer area. Staff feels it is
not the most desirable alignment because of slope issues and proximity to the rear of the house
on Lot 12. A more desirable location would be between Lots 11 and 12. The retaining wall
across Lots 1-3 has been removed. The corner of Southview and Chestnut has been modified.
The Planning Commission also identified the need for a tree preservation plan, including
grading, drainage, and vegetation impacts resulting fi'om the proposed development. A specific
landscape plan has not been submitted but the Preliminary Grading Plan shows that all of the
trees on site would be removed due to grading activities except a portion of the stand adjacent to
the Langdon Bay development and the pines along the northern line of lots 5 and 6. In order to
further preserve some of the trees there needs to be modifications to the grading plan {o
accommodate them.
Osmek was concerned with the Southview and Lynwood traffic issues. Have we done any
analysis regarding additional control? Cameron didn't believe he had been requested to do any
analysis. He can look at it for review at the City Council meeting. Sanitary sewer is sufficient
and a watermain loop through the area will help clear up existing problems. Osmek commented
about the electric service issue brought up by a current resident at last meeting. Cameron said he
assumed that the service will be placed underground and problems should be addressed to Xcel
at that time. Cameron said that additional storm sewer pipe size could handle the additional flow
but data needs to be collected in order to establish proper sizing. This should be done between
preliminary and final approval.
Chuck Alcon, apPlicant, said that wetland calculations will be done shortly as Cameron provided
as-builts for the northern development and Rottlund. They have interviewed the homeowner in
the area. If'the calculations indicate the pond is insufficient we will recommend a culvert be
-3479-
placed to eliminate some of'the concerns. We don't think it's insurmountable
Trail alignment will run between Lots 11 and 12, run slightly into the wetland buffer and
continue south. Previously there was concern about removal of vegetation on the southwest edge
of the property. It has been addressed.
The house at northeast corner complained about wet basement. The proposed grading should
take care of whatever it is. The corner radius at Chestnut and Southview has been resolved.
Electric power is a size consideration for Xcel Energy. Service will be underground from the
street, probably common trench with gas and telephone. They will be removing the series of
pine trees and replacing with 10-12' spruce trees that have a lower level of screening for buffer.
Trees will be added, at least 1 tree per lot for boulevard trees.
Schwingler asked if the 3 to 1 grading should take care of the water flowage to the north? Alcon
didn't think there was a flow that direction but we are going to make sure that the problem is
solved.
Brenda Stuhr - 6169 Lynwood Blvd - They have a drainage ditch next to Mill Pond Road that
goes into the Lake Langdon wetland area. She's had water in the house and the back property is
unusable because of all the water. When Rottlund came in the water flowed back into their
backyard. Her biggest concern is having water in the basement again. The bushes on Southview
and Lynwood are a site concern with all the children in the area. We need some kind of control
with the steep hill involved. She was concerned with saving the trees we have. There are several
trees that look like they can be saved.
Osmek observed that Minnetrista is expanding and will only increase number of people on
Lynwood.
Stuhr said more kids are walking to school because of the decreased busing. Every winter at that
corner of Southview and Lynwood the water main breaks. If they are adding homes that should
be a consideration as well. Osmek reminded her that it is a county road so that impacts what can
be done.
Kevin Wells, 2205 Mill Pond Lane - He verified that Stuhr's backyard is still spongy.
Additional waters are going into the wetland with the Rottlund development and now this one.
Someone should fill in right behind the Stuhr's property. Bring it up so the water wouldn't roll
back that direction. It is odd that the study had not been done prior to the Rottlund development
as well as a follow up to see what the actual impact was. He's hoping that if their drainage plan
does not work that something will be done to correct it. Write it into an agreement with an
appropriate time frame.
Schwingter asked if Chuck had interviewed him. Wells indicated that neither he nor Brenda or
another neighbor on the block had been contacted. Alcon cannot understand why Mill Pond isn't
draining. Cameron said it isn't the first time he's heard there is a problem with the drainage
ditch. It's been a wet area since he can remember. He's going to check some elevations to try
and understand what is happening.
-3480-
Osmek thinks that the drainage for the houses on Lots 4, 5, 6 and 7 will be the concern.
Scott Hoiseth, 6100 Sugar Mill Lane- He is concerned with drainage from Lots 8, 9 and 10. If
5, 6 and 7 is going south and west he is the adjacent property owner. He thinks Rottlund should
have looked at it previously. Alcon said 8, 9 and 10 are designed to flow south east and not drain
into the Rottlund area at all.
Christine Anderson, 2231 Southview Lane - Traffic is her major concern. She remembers
Osmek talking about Southview and Lynwood. Neighbors have a general feeling that there was
no use in coming because it would go through anyway. This development will triple the amount
of traffic on Southview. She's opposed to the development. Power is still an issue.
Chair Michael closes the iPublic hearing
Discussion
Osmek stated that the developer has heard clearly the issues that need to be addressed. Someone
needs to take a proactive approach with Xcel. Alcon said he would like to meet with some of
these residents to get the electric issue resolved. We need to sit down with Cameron after the
calculations are finished and address the Mill Pond Lane drainage issue. He hears the message
about storm water calculations. Osmek thinks that the Rottlund development is exacerbating the
Mill Pond issue.
Schwingler doesn't like to see '13 lots on this small property.
MOTION by Michael, seconded by Schwingler, to recommend approval of the preliminary plat
with the modified trail approach and preliminary landscape plan as presented with drainage
calculations and plan before approval of the final plat.
MOTION carried unanimously
A public hearing will held at the City Council meeting on September 9th.
-3481 -
MEMORANDUM
Hoisington Koegler Group Inc.
To: Mound Planning Commission and Staff
From: Loren Gordon
Date: August 14, 2003
Subject: Langdon Trails Preliminary Plat - Revisions following 7/21/03 Meeting
The Planning Commission tabled this item its July 21, 2003 meeting to August 18, 2003, at the
request of the applicant due to a couple of unresolved issues. The primary issue being to further
investigate surface water drainage issues across the property from the protected DNR wetland.
These concerns were identified in the July 17, 2003 MFRA Memorandum (Comments # 4 and # 5
in the Grading and Drainage Section).
Staff has been in contact with the applicant during the past month and there has been little
additional information regarding the flood elevation and resulting downstream flows from the
wetland. The August 8, 2003 MFRA Memorandum item #4 notes this as well. In this
Memorandum, the City Engineer states that the drainage issues wilt be required to meet City and
Engineering requirements and could be addressed at final plat approval stage.
The Planning Commission also identified the need for a tree preservation plan. Section 330.30,
Subd. 7, outlines a number of subdivision design elements the Planning Commission is to study in
reviewing the Preliminary Plat. Included are grading, drainage, and vegetation impacts resulting
from the proposed development. A specific Landscape Plan has not been submitted, but the
Preliminary Grading Plan (Sheet 4) shows the relationship to the surveyed woods and individually
identified trees on the property. The plan shows that all of the trees on site would be removed
due to grading activities except a portion of the stand adjacent to the Langdon Bay development
(within the vacated Butternut Road right-of-way) and the pines along the northern line of lots 5
and 6. If the Planning Commission would like to preserve existing tree stands, that issue should
be discussed.
123 North Third Street, Suite 100, Mim~eapolis, Mimaesota 55401
(612) 338-0800 Fax (612) 338-6838
-3482-
p. 2
Langdon D'ails Preliminary Plat/PDA it 03-33
August 14, 2003
Other revisions made to the August 6, 2003 plans:
o As suggested by Staff, the road right-of-way has been reduced to 40 feet.
The Preliminary Grading Plan shows the trail connection from Southview Lane crossing
through all/portions of lots 11, 12 and 13 within the wetland buffer area. After review of
this alignment, Staff has concluded this is not desirable and asked the applicant to propose
an alignment along the property line of lots 11 and 12.
o The retaining walls previously shown on lots 1, 2 and 3 are removed and substituted with
a 3:1 graded slope. The existing pines trees would be lost to this grading activity.
o As noted in the MFRA Memorandum, the right-of-way radius crossing the adjacent
property along Chestnut has been corrected.
123 North Third Street, Suite 100, Minneapolis, Mkmesota 55401
~-3483-~800 Fax (612) 338-6838
MINUTE EXCERPTS
MOUND ADVISORY PLANNING COMMISSION
JULY 21, 2003
5. BOARD OF APPEALS
CASE #03-33 PUBLIC HEARING - PRELIMINARY PLAT AND PDA-CUP
2241 SOUTHVIEW LANE - WARA REAL ESTATE
The applicant has submitted a preliminary plat for a 13 lot single-family development named
"Langdon Trails". The project is located in the western portion of the community along
Southview Lane. The property has one home and a few outbuildings. Access is off Southview
Lane. Topography falls from the high point on the north property line to the wetland area along
the railroad right-of-way. There is about 44 feet of elevation change on the site. A DNR
wetland is located along the western property boundary, adjacent to the Langdon Bay residential
development. The wetland drains through the property when water levels are high. A number of
large pine trees are located along the northern property boundary.
The storm water pond is believed to be undersized at this time. The overflow that is created
during the wet times of the years is not accommodated. These items will be addressed before the
final plat is authorized. It may impact on Lot 11. It has been suggested that the Langdon Bay
pond be combined with this pond but there are problems with that approach.
Water and sewer connections are both off Southview Lane. There are two hydrants planned
within the development with a loop back into the Langdon Bay area.
Park trails have been proposed. There is no land for park dedication so fees will be collected.
The retaining walls along the north border used to accommodate the layout and protect the pine
trees are about 15 feet in height over the range of the two wall systems proposed. Staff agrees
wit the approach to protect the trees as long as the r&aining walls are designed and constructed
ina manner that will not pose drainage and erosion problems. More detail will be needed.
The east/west street is proposed as "Southview Lane" which is also the platted name of the
unimproved section along the east property line. Staff will need to discuss this and make
recommendation if this is an acceptable name before final plat approval..
The 50~foot road right-of-way may not be necessary. The current Southview Lane is a 30-foot
roadway, there is no sidewalk and all utilities are within the street surface area. Narrowing the
roadway would enable the southern cut-de-sac lots to move away from the rear lot lines 5 or 10
feet.
-3484-
Staff recommends approval of the project with the following conditions: 1. The WCA provisions apply to the development
2. Include the comments of the City Engineer's report
3. Include any comments from the Parks Director
Clapsaddle asked the distance of the house on Lot 1 to the retaining wall.' Gordon indicated it
would be between 20 and 30 feet.
Mueller wanted to know where the 1-foot by 1-foot drainage swale for the overflow was located.
It appeared that it ran into some of the house pads. Gordon indicated that it would be altered as
the lot is graded after construction.
Mueller felt that the information supplied isn't adequate to approve a preliminary plat, especially
since the Planning Commission may not have another chance to review. He's uncomfortable
with the preliminary plat being discussed without the City Engineer present.
Clapsaddle asked what the Planning Commission needs to do at this point. Gordon responded
that the Planning Commission needs to take comments and give feedback. The Commission can
table or pass it on to the City Council.
Osmek said he'd rather that this Commission get everything they need to make a good
recommendation to the Council. The pressure being put on the infrastructure (streets, traffic and
utilities) is a concern. Trail hook being on the Southview Lane side in the subdivision would
increase pedestrian traffic into the neighborhood. It was discussed previously to have the trail
access down the unimproved Southview Lane area. Decreasing the street width to 30 feet would
be too tight. Forty feet would be livable. The name Southview Road would work. The 1-foot
drainage swale is a washout concern.
Mueller asked what staff.would be comfortable with as a roadway width. Gordon said that
Cameron and he would be okay with a 40-foot right-of-way. This project would have concrete
curb and gutter. City standard is 28-foot street bed width.
Mueller noted that the trail connection down Southview Lane would put it through a wetland.
The storm water pond and wetland are immediately adjacent. Why not use the existirlg wetland
rather than creating a pond? Gordon indicated that the function of the pond is to filter the water.
Mueller asked about the collection points for the storm water system. He is concerned that the
volume and speed of water runoff would affect the neighborhoods outside of our current
consideration. Clapsaddle observed that the east area runoff would be reduced by 2/3rds. The
City Engineer feels that we need more information from the applicant before he can be satisfied
the drainage is going to work.
Open the Public Hearing
Fred Sinnick, 6107 Sugar Mill - Where is the watermain loop going to go? Gordon indicated
there were connections and easements already in place. Sinnick said that the westerly wetland
drainage has been running most of the last year. The current trail connection area has grown up
-3485-
with trees and would need to be cleared and regraded. He doesn't want to see all of it cut down.
There are some good trees as well as scrub trees in the area. Osmek would like to see the trail
connection go south along Southview Lane and on a boardwalk system if necessary.
Kevin Wells, 2205 Mill Pond Lane - Drainage easement through his property has remained
extremely wet. The property behind his (Stuhr's) backs up to the wetland area and has been
under water basically the whole summer. He has seen the storm water runoff increase since the
Rottlund development was established.
Chris Anderson - 2231 Southview Lane - Lots 1 and 2 back up to their property. They are
currently dealing with the Landon Woods construction. It's non-stop beginning at 7 a.m. and
runs through the evening. Traffic has increased. Southview is narrow. This adds 13 homes, 2
cars per home, 2 trips per day. The road is in disrepair and won't handle it. Her husband works
a night shift and the construction is disrupting. Trucks are backed up in front of their property
waiting to get to the Chestnut area. Power surges have occurred every day. Water pressure
fluctuates throughout the day down to a trickle. Existing sewer and water may not handle the
load. Water is coming in the basement. Why cram as many houses as you can. It would double
the population of their road. Look at the property and the neighborhood.
Jim Niesen, 2221 Mill Pond Lane - This is an example of the problems resulting from piece
meal planning. The western wetlands are too full all the time. Neighbors used to have a garden
in the back yard and they can't have one anymore because it's too wet. The t-foot drainage
swale could be converted to a culvert as a more permanent solution. Any plans for the outlot
behind him? Mueller indicated it will remain an outlot. Can we require the developer to save the
trees? Rottlund promised and didn't. Osmek commented that the disturbance of the root
systems would kill the trees.
Scott Hoiseth, 6100 Sugar Mill Lane - He is concerned about stripping of the berm fc~r the trail -
they would lose some of the screening. Drainage out of wetlands should have been dealt with by
Rottlund. Setbacks force the homes closer to their lot. Overall asthetics between the two
developments needs to be addressed.
Closed Public Hearing.
Schwingler asked if the 1-foot swale wet all the time? Hoiseth indicated it was and that it's
slightly wider than 1-foot and the clay stays muddy.
Mueller noted that there are a fair amount of shrubs at the rear. The ditch is elevated and he sees
the drainage as coming towards Hoiseth's house. They built a retaining wall to separate their
home from the swale.
Chuck Alcon, WARA Real Estate. Recommends tabling the action. DNR has inadequate
records. Retaining walls would be constructed by the contractor not the individual homeowner.
The street name doesn't matter to them. Trail location was altered because of the wetland. It
would require mitigation or extensive permitting. Right-of-way from 50 to 40 is new data that
will be Considered. We want to keep front setbacks at 25. Otto (engineer) conservatively
-3486-
constructed pond. Cameron may not have had time to look at runoff calcs. It was constructed
strictly for their development. Obviously there may be other issues from Mill Pond and areas
that need to be addressed. The water pressure issue may be because the Anderson's are at the
end of the line. The loop may help that problem. Interested parties are invited to look at the
Saunders Lake development for WARA's tree preservation policy. They. have conserved a large
percentage. Kara (their engineer) will be at the next meeting.
Mueller wants to know the feasibility of a different trail access - maybe between Lots 11 and
127 It was indicated by staffthat the trail can go into the buffer area. Alcon indicated that if that
is true they would reroute and stay to the outer edge of the buffer area.
The retaining walls will not be disturbing the top of the pine tree area. The drainage should not
change there.
The development construction project should be between 6-10 weeks. Home construction could
be 12-18 months depending on lot sales.
MOTION by Osmek, seconded by Clapsaddle, to continue the public hearing to the August 4th
meeting.
It was determined that two weeks weren't adequate.
Mueller amended motion to reflect that the public hearing should be tabled to the August 18th
meeting.
The 1-foot ditch goes through the Rottlund development as well and drains into the wetland to
the east and not into the storm water pond. More information needs to be provided regarding
expectations for this development from the perspective of the wetland that serves both.
We need to look at the water flowage for the area not just this development. Drainage from the
Clover Circle and Red Oak Lane area exits into the wetlands on the west side of Mill Pond.
Gordon clarified that they contribute to existing volumes. He also indicated that Mound does
have a tree preservation plan. It is a process through the PDA process that deals with stands of
trees not particular trees. It encourages protection but no specific policy to "protect ox)er a certain
caliper". Mueller said it was a due diligence provision. It was discussed during the Rottlund
development but was not followed through. How are we going to deal with this one? We need
delineation between neighborhoods.
Alcon requested that Cameron provide as-builts for Rottlund and Mill Pond areas.
MOTION carried unanimously
-3487-
MEMORANDUM
DATE: AUGUST 8, 2003
TO: SARAH SMITH, COMMUNITY DEVELOPMENT DIRECTOR
FROM: JOHN CAMERON, CITY ENGINEER
SUBJECT: CITY OF MOUND
HOLTER PROPERTY - PRELIMINARY PLAT
WARA REAL ESTATE
CASE NO. 03-33
MFRA File No. 14275
As requested, we have reviewed the revised preliminary plans submitted for subject
property and have the following comments and/or recommendations:
1. The reduction in the right of way width from 50 feet to 40 feet is acceptable.
This still leaves a six (6) foot boulevard for the small utilities.
The minor shift in road alignment and the reduction of the size of the radius at
the southeast corner at the intersection with Chestnut Road is acceptable and
thus eliminates the need for an easement.
The relocation of the trail to the lot line between lots 1 land 12 will require a
minor realignment of the storm sewer in the 20 foot wide easement. The
catch basin will also need to be moved slightly east and as we discussed, this
will require that the garage on lot 12 must be located on the northeasterly end of
the house.
The drainage issues, relating to the DNR Wetland and stormwater pond are still
being worked out. The Applicant will need to meet the City's and the
Engineer's requirements; however we believe there are solutions and the
approval of the preliminary plat should not be held up on account of this one
issue. I will be available at the Planning Commission to answer any questions.
CC: Loren Gordon, HKGI
15050 23RD AVENUE NORTH
PLYMOUTH, MN 55447
-3488-
JCAMERON@MFRA.COM
(763)476-6010 FAX (763) 476-8532
Minnesota Wetland Conservation Act
APPLICATION FOR
CERTIFICATE OF NO LOSS OR EXEMPTION*
APPLICANT AND PROJECT LOCATION INFORMATION
Wara Re~, Estate
Name(s) of Applicant
6138 76th Lano//200
Street Address
Loretto, MN 55357
City, State, Zip Codo
(763) 47%6073 ( )
Tel~hon¢ (Day) (Evonins)
LGU: Ci~ of Mound
Project Location: SW 1/4 of S14 T 117 R 24
UTM Coordinate: X: Y:
County Name/Number: Hennepin
Minor Watershed NamefNumbex: 20055
Siz~ of e~tire wotland:__ acros
Wetland type: Circular 39-3, 5 NWI: PEMC/A~ PEMC/PUBF
Check one: x<50% 50%-80% or > 80%
Ch~k o~¢: A[~ricultural land; X Non-ag. land
PROPOSED PROJECT DESCRIPTION
Describe the nature and purpose of the proposed project: The project includes construction of single-family housing~ an internal
road system~ and a stormwater detention pond
(~_oa~ additiomfl pag~ ifneeded)
Timotabl¢: project will ~ on 9/1/03 / / (mo/day/yr) and will be completed by Fall 2005
Tho wetland activity at thc above site quolifies for thc following under thc Wetland Conservation Act (WCA) (check one):
X No Loss Determination (attach plans) No wcttand impacts ar~ proposed as part of this project.
Exemption # (per MN RUle Chapter 8420,0122) (Note: Applicant is responsible for submitting the proof
necessary to show qualification for the exemption claimed.)
Description of Exemption Claimed:
APPLICANT SIGNATURE
The information provided for this determination is tmthfifl and accurate to the best of my knowledge. I ensure that, in draining or
filling the subject wetland under an exemption noted above, appropriate erosion control measures will be taken to prevent
sedimentation of the water, tho drain or fill will not block fish passage, and tbe drain or fill will be conducted in compliance with all
other applica~de f~cral,_s~ and local r~luircmcnts, including best managcxn~nt practices and watex resour~ prot~tion
r~quireanc~blishe~l~i~r ¥innesota Statutes, Chapter 103H.
Certificate of No-Loss or Exemption (2000)
Psge 1 of 2
.-3489-
Note: Any approval is not effective until signatures below are complete No worl~ should begin until the 15-day appeal
window has lapsed, or, in the event of an appeal, until the appeal has been finalized
(Date)
' ' (Date)
Item B? LGU sign belOw.
(County where reCOrded)
(Date recorded)
(LGU Official Signature) - (Date)
*APPROVAL OF THI$ CERTIFICATE ONLY APPLIES TO THE WCYL Perrnits from local, state, and federal agencies may
be required. Check with the appropriate authorities before commencing work in or near wetlands. The Combined Project
form can be used for this purpose.
Within 10 days of the decision, notice of the above decision must be mailed to:
Landowner/Applicant
Members of thc Technical Evaluation Panel
Department of Natural Resources Regional Office
DNR Wetlands Coordinator ~
Ecological Services Section
500 Lafayette Road, Box 25
St. Paul, MN 55155
Corps of Engineers Project Manager ~
Depat~¢nt of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
Members of thc public who have requested to receive notice.
~cate of No-Loss or Exemption (2000)
Page 2 of 2
-3490-
Letter of Transmittal
TO: NAME COMPANY Project
Sarah Smith City of Mound Holter Property-
CC:
FROM: NAME DATE Copies Description
Kelly Dlouhy 8/8/2003 I Certificate of No Loss
[] FYI [] For Your Review [] Please Reply
® Gomments:
Enclosed is a copy of the No Loss Certificate and the grading plan that includes the delineated
wetland boundary. There are no proposed wetland impacts as part of the proposed project.
Please contact me if you need further information regarding this site.
26105 Wild Rose Lane, Shorewood, Minnesota 55331, Phone: 952-401-8757, Fax: 952-401-8798
-3491-
CITY OF MOUND
5341 IMAYWOOD ROAD
MOUND, MN 5,~364-1687
PH: (9,52) 472~0600
FAX: (952) 472-0620
WEB: ~NWW,cityofm0und.com
August 4, 2004
WARA Real Estate Incorporated
ATTN: Chuck Alcon
2436 1~17~ St.
Bumsville, IvlN 55437
RE: Land U~ Application - Langdon Trails
This letter is in regard to the land use application(s) for the property located at 2241 Southview
Lane that were submitted and deemed to be complete on or around June 6, 2003. Please accept
this letter as notice from the City of Mound that the review period for your PDA-CUP'
application will be extended an additional sixty (60) days as prescribed by Minnesota Statute
Section 15.99 to allow for processing of the application concurrently with the preliminary plat
which is subject to a 120-day timeline according to state statute. As you are aware, the public
hearing for review of the application was held on July 21, 2002 and has been continued to the
August 18, 2003 meeting of the Planning Commission to address a number of issues that were
raised at the meeting.
If you have any questions regarding this letter or would like any additional information, please
feel free to contact me at 952-472-3190.
Community Development Director
-3492-
CiTY OF MOUND
5341 MAYWOOD ROAD
MOUND, kiN 55364-1657
PH: (952) 472-0600
FAX: {952) 472-0620
WEB: www. cityofmound.com
August 4, 2004
WARA Real Estate Incorporated
ATTN: Chuck Alcon
2436 I 17~ St.
Burnsville, MN 55437
RE: Wetlands Delineation Report - LGU Action
This letter is in regard to the wetland delineation report for the Holter property located at 224 l
Southview Lane that was submitted and deemed to be complete on or around June 6, 2003.
Please accept this letter as notice from the City of Mound that the review period for your wetland
application will be extended an additional sixty (60) days as prescribed by Minnesota Statute
Section 15.99 in order for City staff to process the wetland exemption / no net loss determination
upon submittal of the required application form by Kjolhaug Environmental Services which is
pending.
Ifyou have any/:luestions regarding this letter or would like any additional information, please
feel free to contact me at 952-472-3190.
Community Development Director " '
-3493-
-if
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MINUTE EXCERPTS
MOUND ADVISORY PLANNING COMMISSION'
JULY 21, 2003
5. BOARD OF APPEALS
CASE #03-33 PUBLIC HEARING - PRELIMINARY PLAT AND PDA-CUP
2241 SOUTH¥IEW LANE - WARA REAL ESTATE
The applicant has submitted a preliminary plat for a 13 lot single-family development named
"Langdon Trails". The project is located in the western portion of the community along
Southview Lane. The property has one home and a few outbuildings. Access is off Southview
Lane. Topography falls from the high point on the north property line to the wetland area along
the railroad right-of-way. There is about 44 feet of elevation change on the site. A DNR
wetland is located along the western property boundary, adjacent to the Langdon Bay residential
development. The wetland drains through the property when water levels are high. A number of
large pine trees are located along the northern property boundary.
The storm water pond is believed to be undersized at this time. The overflow that is created
during the wet times of the years is not accommodated. These items will be addressed before the
final plat is authorized. It may impact on Lot 11. It has been suggested that the Langdon Bay
pond be combined witln this pond but there are problems with that approach.
Water and sewer connections are both off Southview Lane. There are two hydrants planned
within the development witln a loop back into the Langdon Bay area.
Park trails have been proposed. There is no land for park dedication so fees will be collected.
The retaining walls along the north border used to accommodate the layout and protect the pine
trees are about 15 feet in lneight over the range of the two wall systems proposed. Staff agrees
wit the approach to protect the trees as long as the retaining walls are designed and constructed
ina manner that will not pose drainage and erosion problems. More detail will be needed.
The east/west street is proposed as "Southview Lane" which is also the platted name of the
unimproved section along the east property line Staffwill need to discuss this and make
recommendation iftlnis is an acceptable name before final plat approval.
The 50-foot road right-of-way may not be necessary. Tine current Southview Lane is a 30-foot
roadway, there is no sidewalk and all utilities are within the street surface area. Narrowing the
roadway would enable the southern cul-de-sac lots to move away from the rear lot lin~s 5 or 10
feet.
-3498-
Staff recommends approval of the project with the following conditions:
1. The WCA provisions apply to the development
2. Include the comments of the City Engineer's report
3. Include any comments from the Parks Director
Clapsaddle asked the distance of the house on Lot 1 to the retaining wall. Gordon indicated it
would be between 20 and 30 feet.
Mueller wanted to know where the 1-foot by 1-foot drainage swale for the overflow was located.
It appeared that it ran into some of the house pads. Gordon indicated that it would be altered as
the lot is graded after construction.
Mueller felt that the information supplied isn't adequate to approve a preliminary plat, especially
since the Planning Commission may not have another chance to review. He's uncomfortable
with the preliminary plat being discussed without the City Engineer present.
Clapsaddle asked what the Planning Commission needs to do at this point. Gordon responded
that the Planning Commission needs to take comments and give feedback. The Commission can
table or pass it on to the City Council.
Osmek said he'd rather that this Commission get everything they need to make a good
recommendation to the Council. The pressure being put on the infrastructure (streets, traffic and
utilities) is a concern. Trail hook being on the Southview Lane side in the subdivision would
increase pedestrian traffic into the neighborhood. It was discussed previously to have the trail
access down the unimproved Southview Lane area. Decreasing the street width to 30 feet would
be too tight. Forty feet would be livable. The name Southview Road would work. T.he l-foot
drainage swale is a washout concern.
Mueller asked what staffwould be comfortable with as a roadway width. Gordon said that
Cameron and he would be okay with a 40-foot right-of-way. This project would have concrete
curb and gutter. City standard is 28-foot street bed width.
Mueller noted that the trail connection down Southview Lane would put it through a wetland.
The storm water pond and wetland are immediately adjacent. Why not use the existing wetland
rather than creating a pond? Gordon indicated that the function of the pond is to filter the water.
Mueller asked about the collection points for the storm water system. He is concerned that the
volume and speed of water runoff would affect the neighborhoods outside of our current
consideration. Clapsaddle observed that the east area runoff would be reduced by 2/3rds. The
City Engineer feels that we need more infbrmation from the applicant before he can be satisfied
the drainage is going to work
Open the Public Hearing
Fred Sinnick, 6107 Sugar Mill - Where is the watermain loop going to go? Gordon indicated
there were connections and easements already in place. Sinnick said that the westerly wetland
-3499-
drainage has been running most of the last year. The current trail connection area has grown up
with trees and would need to be cleared and regraded. He doesn't want to see all of it cut down.
There are some good trees as well as scrub trees in the area. Osmek would like to see the trail
connection go south along Southview Lane and on a boardwalk system if necessary.
Kevin Wells, 2205 Mill Pond Lane - Drainage easement through his property has remained
extremely wet. The property behind his (Stuhr's) backs up to the wetland area and has been
under water basically the whole summer. He has seen the storm water runoff increase since the
Rottlund development was established.
Chris Anderson - 2231 Southview Lane - Lots I and 2 back up to their property. They are
currently dealing with the Landon Woods construction. It's non-stop beginning at 7 a.m. and
runs through the evening. Traffic has increased. Southview is narrow. This adds 13 homes, 2
cars per home, 2 trips per day. The road is in disrepair and won't handle it. Her husband works
a night shift and the construction is disrupting. Trucks are backed up in front of their property
waiting to get to the Chestnut area. Power surges have occurred every day. Water pressure
fluctuates throughout the day down to a trickle. Existing sewer and water may not handle the
load. Water is coming in the basement. Why crarn as many houses as you can. It would double
the population of their road. Look at the property and the neighborhood.
Jim Niesen, 2221 Mill Pond Lane - This is an example of the problems resulting fi'om piece
meal planning. The western wetlands are too full all the time. Neighbors used to have a garden
in the back yard and they can't have one anymore because it's too wet. The 1-foot drainage
swale could be converted to a culvert as a more permanent solution. Any plans for the outlot
behind him? Mueller indicated it will remain an outlot. Can we require the developer to save the
trees? Rottlund promised and didn't. Osmek commented that the disturbance of the root
systems would kill the trees.
Scott Hoiseth, 6100 Sugar Mill Lane- He is concerned about stripping of the berm for the trail-
they would lose some of the screening Drainage out of wetlands should have been dealt with by
Rottlund. Setbacks force the homes closer to their lot. Overall asthetics between the two
developments needs to be addressed.
Closed Public Hearing.
Schwingler asked if the l-foot swale wet all the time? Hoiseth indicated it was and that it's
slightly wider than 'l-foot and the clay stays muddy.
Mueller noted that there are a fair amount of shrubs at the rear. The ditch is elevated and he sees
the drainage as coming towards Hoiseth's house. They built a retaining wall to separate their
home from the swale.
Chuck Alcon, WARA Real Estate. Recommends tabling the action. DNR has inadequate
records. Retaining walls would be constructed by the contractor not the individual homeowner.
The street name doesn't matter to them. Trail location was altered because of the wetland. It
would require mitigation or extensive permitting. Right-of-way from 50 to 40 is new data that
-3500-
will be considered. We want to keep front setbacks at 25. Otto (engineer) conservatively
constructed pond. Cameron may not have had time to look at runoffcalcs. It was constructed
strictly for their development. Obviously there may be other issues from Mill Pond and areas
that need to be addressed. The water pressure issue may be because the Anderson's are at the
end of the line. The loop may help that problem. Interested parties are invited to look at the
Saunders Lake development for WARA's tree preservation policy. They have conserved a large
percentage. Kara (their engineer) will be at the next meeting.
Mueller wants to know the feasibility ora different trail access - maybe between Lots 11 and
127 It was indicated by staff that the trail can go into the buffer area. Alcon indicated that if that
is true they would reroute and stay to the outer edge of the buffer area.
The retaining walls will not be disturbing the top of the pine tree area. The drainage should not
change there.
The development construction project should be between 6-10 weeks. Home construction could
be 12-18 months depending on lot sales.
MOTION by Osmek, seconded by Clapsaddle, to continue the public hearing to the August 4th
meeting.
It was determined that two weeks weren't adequate.
Mueller amended motion to reflect that the public hearing should be tabled to the August 18th
meeting.
The 1-foot ditch goes through the Rottlund development as well and drains into the wetland to
the east and not into the storm water pond. More information needs to be provided regarding
expectations for this development from the perspective of the wetland that serves both.
We need to look at the water flowage for the area not just this development. Drainage from the
Clover Circle and Red Oak Lane area exits into the wetlands on the west side of Mill Pond.
Gordon clarified that they contribute to existing volumes. He also indicated that Mound does
have a tree preservation plan. It is a process through the PDA process that deals with stands of
trees not particular trees. It encourages protection but no specific policy to "protect over a certain
caliper". Mueller said it was a due diligence provision. It was discussed during the Rottlund
development but was not followed through. How are we going to deal with this one? We need
delineation between neighborhoods.
Alcon requested that Cameron provide as-builts for Rottlund and Mill Pond areas.
MOTION carried unanimously
-3501 -
Memorandum
Hoisington Koegler Group Inc.
TO: City of Mound Staff, Planning Commission and Council
FROM: Loren Gordon, AICP
DATE: July 17, 2003
SUBJECT: Preliminary Plat PDA - "Langdon Trails"
APPLICANT: Wara Real Estate
OWNER: Scott and Lisa Holter
LOCATION: 2241 Southview Lane
ZONING: Residential R-1
COMPREHENSIVE PLAN: Low Density Residential
BACKGROUND: The applicant, Wara Real Estate, have submitted a Preliminary Plat for a 13
lot single family development named "Langdon Trails." Staff understands a purchase agreement
is in place with the current owners. The project is located in the western portion of the
community along Southview Lane. Specifics of the plan are as follows:
PARCEL SIZE 5.4 ac
PROPOSED UNIT # 13
DENSITY 2.4 units/acre
ZONING (EXISTING) R- 1
ZONING (PROPOSED) R-1 PDA
Minimum Lot Size 10,000 sf
Minimum Lot Width 60 feet
Front Yard Setback 25 feet
Side Yard Setbacks 6 and 10 feet
Rear Yard Setbacks 15 feet
LAND USE PLAN Low Density Residential
(1-6 units acre)
SUBDIVISION STREET DESIGN
Right-of-way width 50 feet
Pavement width 28 feet/varies
Park Site Dedication None - fees in lieu
123 North Third Street, Suite 100, Minneapolis, Minnesota 55401
(612) 338-0800 Fax (612) 338-6838
-3502-
p. 2
gO3-33Langdon Trails Preliminary Plat PDA
July 17, 2003
The Site
The property has one home and a few outbuildings. Access is off Southview Lane. Topography
falls from the high point on the north property line to the wetland area along the railroad right-of-
way. There is about 44 feet of elevation change on the site. A DNR wetland is located along the
western property boundary, adjacent to the Langdon Bay residential development. The wetland
outlets through the property when water levels are high. A number of large pine trees are located
along the northern property boundary.
Development Plan
The development plan presents a curvilinear subdivision design. The 13 single-family lots range
from 10,036 square feet to over 20,000 square feet. This meets the minimum 10,000 square feet
standard for the R, 1 Single Family Residential zone. Lot widths all exceed 60, the R-1 District
minimum.
Roads/Circulation
The development will be served by a public street connecting from Southview Lane. A 50 feet
right-of-way and 28 feet pavement width are proposed for all local roadways in the development.
Cul-de-sacs are proposed at a 45 feet ROW radius and 40 feet pavement radius.
The Southview Lane right-of-way is 30 feet in width. No changes are proposed to widen it to
meet City minimums.
There are no sidewalks along Southview Lane. Sidewalks are not proposed for this project.
Wetlands
There are a number of wetlands that impact the development layout; a DNR wetland along the
western edge of the property and a wetland along the southern border. The applicant has
prepared a Wetland Delineation Report. Correspondence from Kelly Bopray, MFRA addresses
wetland issues. Wetland buffers are provided consistent with the Surface Water Management
Plan implementation.
Grading/Storm Water
The site will be heavily graded to allow the street slopes to work and provide building areas for
the homes. The grading plan shows the limits of grading on the site. A large cut is proposed
along the northern half of the site to accommodate the layout and save the pine trees. Retaining
walls are also needed for the plan as proposed.
Other grading and stormwater comments are included in the City Engineer's Report.
123 North Third Street, Suite 100, Minneapolis, Minnesota 55401
(612) 338-0800 Fax (612) 338-6838
-3503-
p. 3
#03-33Langdon Trails Preliminary Plat PDA
July ! 7, 2003
Parks and Trails
There is not a park site included in the project and Staff has indicated park fees in lieu of park
site development are appropriate. Ordinance fees would be applicable for this plat. A trail
segment connecting the southern cul-de-sac to the railroad right-of-way is shown as an easement.
General Comments
· Staff noted in the concept plan report the issue of lots 8, 9, and 10 being "crowded" in
their relationships to each other and the homes to the west on Sugar Mill Lane.
Suggestions at that time were shifting the east/west road to the north to alleviate the tight
lot arrangement or removing a lot from that cul-de-sac. It does not appear these
suggestions have been addressed with the preliminary plat submittal.
· The stormwater pond as commented in the City Engineer's Report does not appear to be
adequately sized to handle overflow from the DNR wetland. An increased size would
likely affect the placement and size of the home on lot 11. Shifting the road north would
also help this situation.
· The stormwater pond may also impact the proposed trail alignment. Staff would like to
continue to work with the applicant on this issue.
· The retaining walls along the north border used to accommodate the layout and protect
the pine trees are about 15 feet in height over the range of the two wall systems proposed.
Staff agrees with the approach to protect the trees as long as the retaining walls are
designed and constructed in a manner that will not pose drainage and erosion problems.
More detail will be needed if the project is approved.
· The east/west street is proposed as "Southview Lane" which is also the platted name of
the unimproved section along the east property line. Staff will need to discuss this and
make recommendation if this is an acceptable name prior to final plat approval.
RECOMMENDATION: Staff recommends approval of the Langdon Trails Preliminary Plat
PDA as requested with the following conditions:
1. The WCA provisions apply to the development.
2. Include the comments of the City Engineer's report.
3. Include any comments from the Parks Director.
4. Address General Comments as noted above.
123 North Third Street, Suite 100, Minneapolis, Minnesota 55401
(612) 338-0800 Fax (612) 338-6838
-3504-
ME M 0 R A ND UM
DATE: July 17, 2003
TO:
Sarah Smith, Community Development Director
FROM:
John Cameron, City Engineer
SUBJECT:
City of Mound
Holter Property - Preliminary Plat
Wara Real Estate
Case No: 03-33
MFRA #14275
As requested we have reviewed the information submitted with the preliminary plat application and
have the following comments and recommendations:
COMMENTS
Preliminary Plat
1. The width of the drainage and utility easements along the lot line between Lots 10 and 11
will need to be increased to accommodate the watermain loop and proposed trail. A
minimum of 10 feet on Lot 10 and 6 feet on Lot 11 will be required.,
2. The 45-foot radius shown for the right-of-way on the cul-de-sacs does not meet the minimum
50-foot required by City Code - Section 330.95, Subd. 8. A variance will be required as part
of the PDA approval. This smaller radius CDS still provides a 5 foot boulevard behind the
curb for small utilities and hydrant locations.
3. The 60-foot dimension on the right-of-way for Southview Lane can be changed to 50 feet,
which is what is drawn.
Grading and Drainage
1. If the trail remains in the present location on the lot line between lots 10 and 11, the proposed
grades will need to be adjusted to meet recommended standards for trails.
-3505- '
Sarah Smith
July 17, 2003
Page 2
2. The wetland buffer areas indicated to be regraded will need to be restored with a natural
vegetation that meets the buffer standards.
3. The applicant will be responsible for obtaining a stormwater permit from the City of Mound,
which has taken over the permitting responsibility from the Minnehaha Creek Watershed
District (MCWD).
4. It appears that the Design Engineer has been somewhat conservative with the criteria used in
the drainage calculations for both the existing and proposed conditions. They should redo the
computations and revise the hydrologic curve numbers for the existing grass wooded areas.
In both cases a fair condition was used, which according to SCS the area would have to be
grazed land. It also appears as though the time of concentration is too long for the existing
conditions and too short for the proposed.
5. It appears that the overflow swale from the DNR wetland (No. 27-951) has been redirected
through the proposed pond. It also appears that this pond has not been designed for this
additional flow; therefore, the pond capacity may need to be increased or a separate overflow
line from the wetland will be needed.
6. Wetland Delineation Report - See email from Kelly Bopray dated June 17, 2003.
Streets
1.
and Utilities
The proposed street connection at the existing intersection of Southview Lane and Chestnut
Road shows the radius encroaching on the adjacent property to the southeast. The developer
will need to acquire a permanent easement for this radius.
The street width of 28 feet back to back of curb and the 40-foot cul-de-sac radius meet the
City's standards.
The proposed utility extensions, including the watermain loop to the main in Langdon Bay,
meet the minimum standards.
The City Code requires that sanitary sewer and watermain area trunk charges, in addition to
the standard connection fees, must be paid on new building sites created by the subdivision.
The present area mink charges are $1,500 each for sewer and water per lot. A credit should
be given for the existing home on the property.
Miscellaneous
1. The proposed retaining walls shown on lots 1 and 4 are over 4 feet in height and will require
approved engineered drawings before construction.
2. The proposed bituminous trail will need to be extended to the railroad right-of-way, which
will require an extension to the existing Langdon Bay stormwater pond outlet pipe. This can
be detailed on the final plans.
cc: Loren Gordon, HKGI
s:\main:\mou 14275\correspondenceksmith7-16
-3506-
Page 1 of I
Sarah Smith
From:
To:
Cc:
Sent:
Subject:
"Kelly Bopray" <kbopray@mfra.com>
"Sarah Smith" <SarahSmith@cityofmound.com>
<jcameron@mfra.com>
Tuesday, June 17, 2003 2:03 PM
Holter Property Wetlands
Hi Sarah,
I met Mark Kjolhaug on site on 6/17/03 to review the wetland delineation of the Holter Property. Two
wetlands were delineated as documented in Kjolhaug's 5/28/03 wetland delineation report. There are actually
two wetland lines staked in the field for each wetland. The Kjolhaug delineation is generally topographically
higher and is marked by pink pin flags (do not have wetland delineation printed on them).
I concur that the wetland delineation is staked and documented reasonably accurately.
I concur that water probably flows in the drainageway, but likely does not flow long enough in any given event
or pond to create saturated conditions long enough to be a wetland. In addition, except were reed canary
grass crowded everything else out the surrounding area was dominated by upland vegetation such as
creeping charlie, virginia creeper, brome grass, and kentucky bluegrass.
Kjolhaug will be submitting a WAC exemption-no loss form to the City. As shown on the 6/2/03 preliminary
grading plan, no grading will occur in the wetlands and therefore the City can approve the No Loss
determination for the project.
Note 5 on the preliminary grading specifies that all disturbed areas will be seeded with MnDoT seed mix 50B.
This seed mix may not meet the standards in the buffer areas that need to be reseeded after grading.
If/when an no-loss determination is authorized let me know and I will send out the WCA required notice of
decision. If you have any questions please give me a call.
Kelly Bopray
kbopray~.mfra.com
763 476 6010
-3507- 7/17/2003
,,_ City of Mound
MAJOR SUBDIVISION APPLICATION
_C'~ ~0,,~,,~.:
DISTRIBUTION DATE DISTRIBUTION D~E CHECK TYPE OF APPLICATION FEE
BOX
CITY PLANNER POLICE SKETCH PLAN REVIEW $350
CITY ENG ........ MCWD / PRELIMINARY PLAT $350+$1~1~er lot
PUB WORKS HENNEPIN COUNTY FINAL PLAT $350+$15 per lot
PARKS ASSESSING / CONDITIONAL USE PERMIT/ $350
PDA
DNR FIREV/', ESCROW DEPOSIT $5,000 (~- .~c~
VARIANCE $200
TOTAL $ f~ f~'.~O
Please type. ,or print
PROPERTY Subject Address
INFO
EXISTING ~t ~0 L Biock
~GAL
DESCRIPTION Pl~ ~ [[~ ~ ~ OOO'~ Plat~
ZONING
~TRiCT CirCe: R-lA R-2 R-3 B-1 B-2 a-3
APPLICANT The a~i~nt Is: ~ner ~r:
o~.
Name ~ "~
SURVEYO~ ' r ~ -
Major Subd Application
Page 1of 2
Revised 03/20/02
-3508-
Description of Proposed Use:
EFFECTS OF THE PROPOSED USE: List impa~s the proposed use will have on property in the ,~ictnity,'
including, but not limited to traffic, noise, light, smoke/odor, parking, and .describe the steps taken te mitigate or
eliminate the impacts.
If applicable, a development schedule shall be attached to this appliCation providing reasonable guarantees for the
completion of the propo~d development. Estimated Development Cost of the Project: $ ~'~t ._~, ~o~ .
RESIDENTIAL DEVELOPMENTS:
Number of Structures: /2 ....
Lot Area Per Dwelling Untt: sq, ft,
Number of DWelling Units/Structure:
Totat got Area: ,..~_~, zf .j~c4V~.l~t.
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
Application must be signed by all owners of the subject property, or explanation given why this is not the rase.
I certify that all of the statements above and statements contained in any required papers or plans to be submitted
herewith are true and accurate. I acknowledge that I have read all of the information: provided (inCluding Section
330 of the Mound 'City .Ordinance) and that I am reeponelble for all m3m inoun'ed by the City related ~ the
proc, easing ef this applloatlen. I. consent to the entry In or upon the premises described in: this application by
any aUthori~ off'iai of the City of M°und for the purpose of inspecting, or of posting, maintaining and removing
such notices as may be required bY law,
/.Z'.z'. ,,
,,~o ~ ,~o/--~-/---(t'' Ap~iic,~n~'~:
Print OWner's Name- ' Ow~.e?s signature
Print OWner's Name Owner i Slgnatu
Date
Date
Major Subd Application
Page 2 of 2
Pu~vieed 03/20/02
-3509-
June 2,2003
City of Mound
5341 Maywood Road
Mound, MN 55364
Attn: Community Development Director, Sarah J. Smith
Subj: Preliminary Plat Review for the Langdon Trails PDA
Encl:
1) Major Subdivision Application with Preliminary Plat Fees and City
Escrow
2) Preliminary Plat with Wetland Delineation Report
Enclosures 1) and 2) are hereby forwarded for your review. It is requested
that this project be scheduled for Planning Commission and City Council
review as soon as practicable.
Amir Marafie, President, Wara Real Estate, Incorporated
Cc: Scott and Lisa Holter (with enclosure 2)
:z436 EAST 117TH STREET, BURNSVILLE, MN 55337 J TEL: c.- 3510-o FAX: 952-707-~877 J E-MAIL: info@§raphica.or§
~ RECEIPT
CITY of MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364-1687 .
For
Date
52806
Fund Object Dept. Amount , Descril~tlon
~ve~
. - BURNSVlLLE, MN 55306
ORDER OF
-3511-
PUBLIC HEARING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
CASE ti 03-33
NOTICE OF A PUBLIC HEARING
TO CONSIDER AN APPLICATION FROM WARA REAL ESTATE
INCORPORATED FOR PRELIMINARY PLAT AND PLANNED
DEVELOPMENT AREA - CONDITIONAL USE PERMIT (PDA-CUP)
APPROVAL FOR A 13-LOT MAJOR SUBDIVISION OF THE PROPERTY
LOCATED AT 2241 SOUTHVIEW LANE
PID # 14-117-24-34-0004
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Mound,
Minnesota will meet in the Council Chambers, 5341 Maywood Road, at 7:00 PM on
Monday, July 21, 2003 to hold a public hearing to consider an application from Wara
Real Estate Incorporated for Preliminary Plat and Planned Development Area -
Conditional Use Permit (PDA-CUP) approval of the property located at 2241 Southview
Lane. The primary purpose for the PDA-CUP is to allow reduced setbacks for the
proposed 13-lot, single-family development to be called "Langdon Trails." The subject
property is legally described as follows:
That part of Lot 1, Block 12, MOUND TERRACE lying South of a tine drawn
From a point on the Easterly line of Said Lot distant 100 feet Southerly from the
Southeast corner of the North 4 acres thereof, to a point on the West line of said
Lot distant 100 feet Southerly from the Southwest corner of the north 4 acres
thereof.
Copies of the application materials and detailed project plans are available to the public
upon request at City Hall. All persons appearing at said hearing with reference to the
above will be given the opportunity to be heard at this meeting.
Published in The Laker on July 5, 2003.
Jill Norlander, Planning and
Inspections Secretary
-3512-
Holter Property.
Mound, Minnesota
Wetland Delineation Report
I. INTRODUCTION
The Holter property was examined on March 24 and April 30, 2003 for the presence and extent
of wetland. The site was located in the southwest % of Section 14, Township 117 North, Range
24 West, City of Mound, Hennepin County, Minnesota.
The approximately 5-acre site was located at 2241 Southview Lane which is west of Commerce
Boulevard and south of County Road 15. Adjacent land uses consisted of single-family homes to
the north and east, and railroad tracks and Langdon Lake to the south. Single-family residential
development and DNR-Protected Wetland 951W were to the west. A stormwater detention pond
was part of the development and was located off the subject property to the. southwest.
At the time of the delineation the site consisted of a single-family home centrally located on the
site with open lawn and landscape trees in the northern and southern portions of the property and
deciduous woods along the east and west edges. A small, intermittent drainageway flowed from
the DNR wetland toward the southeast, across the southern portion of the site and into a wetland
located southeast of the subject property (Figure 2).
II. METHODS
Wetlands were identified using Routine Determination methodologY described in the Corps of
Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987) as required by
Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act.
Wetland boundaries were identified as the upper-most extent of wetlands, which met criteria for
hydric soils, hydrophytic vegetation, and wetland hydrologY. Wetland-upland boundaries were
marked with pin flags and subsequently located by Otto Associates, Engineers and Land
Surveyors, Inc. by using standard land survey methods. Kjolhaug Environmental Services
Company reviewed surveyed wetland boundaries for accuracy.
Soils, vegetation, and hydrology were dOcumented at representative locations along the wetland-
upland boundary. Plant species dominance was estimated based on the percent aerial or basal
coverage visually estimated within a 30-foot radius for the tree and shrub layers and a 5~foot
radius for the herbaceous layer within the community type being sampled.
Soils were characterized to a minimum depth of 18-20 inches utilizing Munsell Soil Color Charts
and standard soil texturing methodology:
2
-3513-
Plants were identified using standard regional plant keys. Taxonomy was based on the Manual
of Vascular Plants of Northeastern United States and Adjacent Canado, Ed 2 (New York
Botanical Garden, 1991). Indicator status of plant species was taken from the National List of
Plant Species That Occur in Wetlands: 1988Minnesota (U.S. Fish & Wildlife Service, 1988).
III. RESULTS
Review of Soils, NWL DNR and FSA Information
The National Wetland InventOry Map (NWl) (Mound Quadrangle, U.S. Fish & Wildlife
Service, 1989) showed portions of one PEMC and one PEMC/PUBF wetland on the site (Figure
3).
The Soil Survey of Hennepin County, Minnesota (Sheet 50, USDA, 1974) showed the
following soil types on the site: Erin loam, Hamel loam, Peaty muck and Marsh (Figure 4).
Hamel loam, Peaty muck and Marsh are indicative of wetland conditions when undrained.
The DNR Protected Waters Map, Hennepin County (Sheet 1 of 1, Minnesota DNR, 1984)
showed DNR Protected Wetland 951W at the west edge of the site and DNR Protected Water
182P (Langdon Lake)approximately 200 feet south of the subject property (Figure 5).
Wetland Determinations and Delineations
Potential wetlands were evaluated in greater detail during field observations. Two site visits
took place, one on March 24, 2003, and the second April 30, 2003 to complete sample points and
confirm wetland boundaries. Two wetlands were identified and delineated on the subject
property (Figure 6). Corresponding data forms are included in Appendix A. The following
description of the wetlands and surrounding upland reflects field conditions observed during the
April 30 site visit. At that time, vegetation was starting to emerge, soils were not frozen, and
temperatures were in the 50's. Hydrology was assumed to be typical of early spring.
Wetland I was a Type 3 (PEMC) basin at the northwest corner of the site that continued off of
the property toward the west. A narrow, defined drainageway, approximately 1-foot in width
and depth drained from Wetland 1, along the western edge of the property, continued southeast
and eventuallY drained into Wetland 2. No wetland was observed adjacent to the drainageway
which dropped approximately 1 O-feet in elevation across the property. Dominant vegetation in
Wetland 1 on the property consisted of reed canary grass with lesser amounts of box elder,
common buckthom and elm within the wooded edge of the wetland.. Cattail dominated the
deeper portion of the wetland which was on the adjacent property. Soils below the wetland
boundary were black, mucky clay loam to 6 inches underlain by black clay loam to more than 24
inches in depth. The primary indicator of wetland hydrology was free water observed 12 inches
below the soil surface.
Adjacent upland vegetation consisted of Kentucky bluegrass lawn. Upland soils were black clay
loam to 14 inches underlain by black loamy clay to more than 24 inches in depth. No free water
was observed within 24 inches of,the soil surface.
3
-3514-
The delineated boundary followed a change in plant community' and topography. The wetland
corresponded to an area of soil survey-mapped hydric soils (Peaty muck and Hamel loam), an
NWl-mapped PEMC wetland, and DN'R Protected Wetland 95 lW.
Wetland 2 was a Type 5 (PEMC/PUBF) basin at the SOutheast edge of the subject site. The
wetland was primarily located on the adjacent property with a temporar~'ly flooded wetland
fringe along the southeast edge of the site. The small drainageway from Wetland 1 entered
Wetland 2 at the southeast comer of the property. Additionally, the oVerflow outlet of the
stormwater pond west of the property is such that stormwater Overflow outlets would be directed
across the southern edge of the site and eventually into Wetland 2. Wetland 2 drains into
Langdon'Lake via a culvert under the railroad tracks south of the property.
Dominant vegetation at the sample point consisted of reed canary grass and included lesser
amounts ofboxelder. Soils below the wetland boundary were black loamy clay to 20 inches,
underlain by gray, distinctly mottled loamy clay to more than 24 inches in depth. The primary
indicator of wetland hydrology was free water observed 7 inches below the soil surface.
Adjacent upland consisted of both lawn and deciduous woods. Dominant vegetati.o.n inclu,d,ed,
common buckthom, boxelder, bedStraw, V'tr~a waterl~f md avens. Upland softs were mack
clay loam to 14 inches underlain by black loamy clay to more than 24 inches in depth. No flee
water was observed within 24 inches of the soil surface.
The delineated boundary followed a change topography and the presence of wetland hydrology
indicators. The wetland corresponded to an area ofNWI-mapped PEMC/PUBF wetland and soil
survey-mapped marsh.
IV. DISCUSSION
No other hYdrophytic plant communities or hydric soils were observed on the property, nor were
NWl-mapped wetlands or hyddc soils indicated in other areas of the property.
As indicated before, there was a stormwater pond located on the adjacent property as part of the
residential development southwest of the site. The location of the stormwater pond outlet is
likely creating wetter than normal conditions at the southern tip of the subject property. At the '
time of the delineation vegetation consisted of common buckthom, Kentucky bluegrass and
· :" Common dandelion in this area, but the area was saturated to the surface. This area was not
delineated, but may become wetland if wet conditions persist.
V. SUMMARY
· The Holter Property was inspected on March 24 and April 30, 2003 for the presence and
extent of wetland.
, /
4
-3515-
· Portions of One Type 3 and one Type 5 wetland were identified and delineated on the
site.
· The NWl map showed portions of one ?EMC and one PEMC/PUBF wetland on the site
· The soil survey indicated marsh, Hamel loam, and Peaty muck as hydric soils present on
the site. ~
· The site was east of DNR Protected Wetland 951W and north of DNR Protected Water
182P (Langdon Lake).
5
-3516-
VI. CERTIFICATION OF DELINEATION
The procedures utilized in the described delineation are based on the COE 1987 Wetland
Delineation Manual as required by Section 404 of the Clean Water Act and the Minnesota
Wetland Conservation Act. Both the delineation and report were conducted in compliance with
regulatory' standards in place at the time the work was completed.
All site boundaries indicated on figures within this report are approximate and do not constitute
an official survey product.
Delineation Completed by: Kelly Dlouhy, Wetland Ecologist
Report Completed by:
Kelly Dlouhy
Mike DeRuytJ"
Professional Wetland Scientist No. 00001311
, /
6
-3517-
INote: Site boundaries on this figure
are approximates and do not
constitute an official survey product.
Figure 1 - Site Location
IfJOLHAUG ~o~~ s~c~s co~w
Holter Property (KES No. 2003-027)
Mound, ,Minnesota
~N
No Scale
-3518-
Note: Site boundaries on this figure
are approximates and do,not
constitute an official survey product.
S% o On
Wetland 1
Intermittent
Figure 2 - Aerial Photograph
Holter Property' (KES No. 2003-027)
Mound~ ,Minnesota
Scale: 1 inch- 220 feet
1
-3519-
Note: Site boundaries on this figure
are approximates and do not
constitute an official survey product.
P£:I~F
LZU6G ~'
Pa rk
I~JOLffAUC ~Wr~o~/~x'~ snwo.
-3520-
Figure 3 -NWI Map
Holter Property (KES No, 2003-027)
Mound, .Minnesota
Scale: 1 inch ~ 1055 feet
Note: Site boundaries on this figure
are approximates and do not
constitute an official survey product.
'Pa
Site Location
FmC-Erin loam, 6 to 12% dopes
Ma-Marsh
Pa-Pealy muck
EsF-Erin and Kilkenny loam, 24 to 35% slopes
Ha-l-l~md loam
Figure 4 - Soil Map
tfJOLHAUG ~vr~o~~ s~c~ co~*~
Holter Property (KES.No' 2003-027)
Mound, Minnesota
Scale: 1 inch- 450 feet
-3521 -
INote: Site boundaries on this figure
are approximates and do not
constitute an official survey product.
!
Site Location
Figure 5- DNR Map
KjOlJ-IatJc,
~-vmo~~ s~'~c~s c om~.~Y
-3522-
Holter Property (KES.No. 2003-027)
Mound, Minnesota
Scale: 1 inch'_ 2400 feet
THIS PAGE IS
INTENTIONALLY
LEFT BLANK
-3523-
CITY OF MOUND
RESOLUTION NO. 03-XX
RESOLUTION APPROVING A LEVY NOT TO
EXCEED $ FOR THE PURPOSE OF DEFRAYING THE COST
OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 46g, OF THE
HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE
CITY OF MOUND FOR THE YEAR 2004
WHEREAS, the City Council of the City of Mound is the governing body of the City of
Mound; and
WHEREAS, the City Council has received a resolution from the Housing and
Redevelopment Authority of and for the City of Mound, entitled "Resolution Approving
the Mound Housing and Redevelopment Authority Budget for the Year 2004 pursuant to
MSA Chapter 469"; and
WHEREAS, the City Council, pursuant to the provisions of MSA 469, must by resolution
consent to the proposed tax levy of the Housing and Redevelopment Authority of the
City of Mound.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound,
Minnesota, that a special tax be levied upon real and personal property within the City
of Mound in the amount not to exceed $
BE IT FURTHER RESOLVED that the said levy, not to exceed $ is approved
by this Council to be used for the operation of the Mound Housing and Redevelopment
Authority pursuant to the provisions of MSA 469, and shall be certified as a tax levy to
the County Auditor of Hennepin County on or before September 15, 2003.
Adopted by the City Council this 9th day of September, 2003.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
-3524-
CITY OF MOUND
RESOLUTION NO. 03-XX
RESOLUTION APPROVING THE 2004 PRELIMINARY GENERAL FUND
BUDGET IN THE AMOUNT OF $4,025,400;
SETTING THE PRELIMINARY LEVY AT $3,346,210;
AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2004.
BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby
adopt the following preliminary 2004 General Fund Budget appropriations:
City Council
Promotions
Cable TV
City ManagedClerk
Elections/Registration
Assessing
Finance
Computer
Legal
Police
Emergency Preparedness
Planning/Inspections
Street
City Property/Buildings
Parks
Contingencies
Transfers
72,850
3 75O
50,000
268,480
13,460
79,300
223080
29,900
135,580
1,308,420
7,130
358,630
687,490
124,270
345,930
60,440
256,690
TOTAL GENERAL FUND
4.025.400
-3525-
Resolution No. 03.XX
BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does
hereby direct the County Auditor to levy the following preliminary taxes for collection in
2004:
SPECIAL LEVIES
HRA Lease Revenue Bonds- Lease Payment
Bonded Indebtedness- 2001A Judgment Bond
G.O. Improvement 2001C
G.O. Improvement 2003A
G.O. Tax Increment 2003C
Lease Equipment Loan
Unfunded Accrued Liability of Public Pension Funds
389,140
22,200
5,700
116,440
139,830
87,250
33,350
Total Special Levies
793,910
PRELIMINARY REVENUE LEVY
2,552,300
Preliminary Certified Levy
3;346~210
BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does
hereby adopt the preliminary overall budget for 2004 as follows:
GENERAL FUND
As per above
4,025,400
SPECIAL REVENUE FUNDS
Area Fire Service Fund
Cemetery Fund
Dock Fund
TOTAL SPECIAL REVENUE FUNDS
674,140
9,610
143,390
827,140
-3526-
ENTERPRISE FUNDS
Recycling Fund
Liquor Fund
Water Fund
Sewer Fund
Storm Water Utility Fund
TOTAL ENTERPRISE FUNDS
167,680
553,300
680,150
1,193,160
96,870
2,691,160
SUMMARY
General Fund
Special Revenue Funds
Enterprise Funds
4,025,400
827,140
2,691,160
TOTAL ALL FUNDS
7;543;700
Adopted by the City Council this 9th day of September, 2003.
Mayor Pat Meisel
Attest: Bonne Ritter, City Clerk
3
-3527-
Hennepin County Transportation Department
1600 Prairie Drive
Medina, MN 55340-5421
August 28, 2003
Ms. Kandis Hanson
City Manager
City of Mound
5341 Maywood Road
Mound, Mn 55364
763-745-7500, Phone
763-478-4000, Fax
763-478-4030, TDD
www.co.hennepin.mn.us
AMENDMENT NO. 2 TO AGREEMENT NO. PW 04-06-02
COUNTY PROJECT 9417, CSAH 15
Dear Ms. Hanson,
Submitted for approval are two copies of the above referenced agreement.
If the agreement is satisfactory, please have both copies signed by the appropriate officials and return
them to this office. Also, please remm two certified copies of a resolution authorizing these officials
to sign the agreement. Upon completion of the remaining signatures by Hennepin County officials,
we will send you one fully executed copy for your files.
If you have any questions concerning the agreement, please call me at (763) 745-7673 or Wayne
Laos at (763) 745-7663.
Please call Wayne Laos to arrange for pick up by Hennepin County.
Sincerely, j ,
Harlan Hanson, P.E.
Specs & Agreements Engineer
An Equal Opportunity Employer - 3528- Recycled Paper
Amendment No. 2 to
Agreement No. PW 04-06-02
County Project No. 9417
County State Aid Highway No. 15
City of Mound
County of Hennepin
AGREEMENT FOR RIGHT OF WAY ACQUISITION AMENDMENT
THIS AGREEMENT, Made and entered into this day of .,
20 , by and between the County of Hennepin, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the "County", and the City of Mound, a body
politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the
"City".
WITNESSETH:
WHEREAS, the City is actively involved in redevelopment of a portion of its business
district in the vicinity of the intersection of County State Aid Highways No. (CSAH) 15 and 110,
said roads also known as Shoreline Drive, Commerce Boulevard, and Lynwood Boulevard; and
WHEREAS, in conjunction with the anticipated redevelopment the County and the City
have been negotiating to bring about the complete reconstruction of CSAH 15 from
approximately 600 feet west ofCSAH 110 to Cypress Lane, a portion of which is on a new
alignment, along with the reconstruction of CSAH 110 from approximately 250 feet south of
Lynwood Boulevard to approximately 600 feet north of Lynwood Boulevard, and replacement of
the existing two intersections of CSAH 15 and CSAH 110 with a single intersection at Lynwood
Boulevard; and
WHEREAS, the afore described roadway improvements are all to be accomplished under
Hennepin County Project No. 9417, hereinafter referred to as the "Project"; and
WHEREAS, there exists in full force and effect Agreement No. PW 04-06-02, dated
October 1, 2002, between the County and the City for the acquisition of the property necessary
for the right of way of said Project; and
WHEREAS, the acquisition of additional property parcels for the right of way of said
Project is necessary; and
WHEREAS, the City and the County mutually desire to assign the acquisition of said
additional properties between the parties, to establish the terms and conditions by which
properties are to be acquired, and to set forth the division of costs of the acquired properties; and
-3529-
Amendment No. 2 to
Agreement No. PW 04-06-02
CSAH 15; C.P. 9417
WHEREAS, the parties hereto, therefore, desire to amend said Agreement No. PW 04-
06-02 as hereinafter set forth:
NOW THEREFORE, IT IS HEREBY AGREED:
Said additional property parcels along CSAH 15 and CSAH 110 from which highway
easements, drainage easements, and temporary construction easements are necessary to construct the
aforesaid Project are identified with parcel numbers on Exhibit "B" attached hereto and by this
reference is made a part hereof.
II
The following is hereby included in Article II of Agreement No. PW 04-06-02:
The responsibility for the acquisition of the aforementioned additional right of
way required to construct the Project shall be divided between the City and the County
on a parcel basis according to the parcel number identifications on Exhibit "B" and the
following:
The City shall be responsible for the acquisition of interests from Parcels No. 2A,
29A and 29B.
The County shall be responsible for the acquisition of interests from Parcels No.
5B and 12A.
III
The following is hereby included in Article VI of Agreement No. PW 04-06-02:
The County shall reimburse the City fifty (50) percent of all costs incurred by the
City in the acquisition of the necessary right of way from Parcels No. 2A, 29A and
29B.
The City shall reimburse the County fifty (50) percent of all costs incurred by the
County in the acquisition of the necessary right of way from Parcels No. 5B and 12A.
- 2 -
-3530-
Amendment No. 2 to
Agreement No. PW 04-06-02
CSAH 15; C.P. 9417
IV
Except as provided herein, all terms and conditions in said Agreement No. PW 04-06-02
shall remain in full force and effect.
(this space left intentionally blank)
- 3
-3531 -
Amendment No. 2 to
Agreement No. PW 04-06-02
CSAH 15; C.P. 9417
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be
executed by their respective duly authorized officers as of the day and year first above written.
CITY OF MOUND
By:.
Mayor
Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
By:.
Deputy/Clerk of the County Board
Date:
By:.
Chair of its County Board
Date:
APPROVED AS TO FORM:
~sg~stant County Attorney
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
Date:
Assistant/Deputy/County Administrator
Date:
Assistant County Administrator, Public Works
and County Engineer
Date:
RECOMMENDED FOR APPROVAL
By:.
Director, Transportation Department
Date:
-4 -
-3532-
WL_
THIS PAGE IS
INTENTIONALLY
LEFT BLANK
-3533-
L
,,
I
VD_.
CITY OF MOUND
RESOLUTION NO. 03-
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO ENTER INTO
AGREEMENT FOR RIGHT OF WAY ACQUISITION AMENDMENT NO. 2 TO
AGREEMENT NO. PW 04-06-02 WITH HENNEPIN COUNTY
WHEREAS, the City is actively involved in redevelopment of a portion of its business
district in the vicinity of the intersection of County State Aid Highways No. (CSAH) 15
and 110, said roads also known as Shoreline Drive, Commerce Boulevard, and
Lynwood boulevard; and
WHEREAS, where exists in full force and effect Agreement No. PW 04-06-02, dated
October 1,2002, between Hennepin County and the City of Mound for acquisition of the
property necessary for the right of way of reconstruction of said CSAHs; and
WHEREAS, amendments to the existing agreement are determined to be needed and
necessary;
NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes the
Mayor and City Manager to enter into Amendment No.2 to Agreement No. PW 04-06-02
on behalf of the City of Mound.
Adopted by the City Council this 9th day of September, 2003.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
-3535-
September 5, 2003
CITY OF MOUND
5341 MAYWOOD ROAD
MOUND, MN 55364-1687
PH: (952) 472-0600
FAX: (952) 472-0620
WEB: www. cityofmound.com
TO:
MAYOR AND CITY COUNCIL
FROM:
BONNIE RITTER
RE:
JIM DAILEY REQUEST TO APPEAR BEFORE THE COUNCIL
Jim Dailey (owner of Carbone's) has inquired as to obtaining an on-sale intoxicating
liquor license for a proposed English Pub next to the existing Carbone's at Mound
MarketPlace.
The City Code, as it stands, allows for issuance of on-sale liquor licenses to restaurants
or hotels, with the stipulation under definition of restaurant, that "...the principal part of
the business of which is the serving of foods, as measured by dollar volume of sales."
(800.01, Subd. 2, (a))
Mr. Dailey will be requesting a possible change in the city code to accommodate a
business establishment that DOES NOT anticipate 50% of the business being food.
I have included the city code section that covers Intoxicating Liquor Licenses for your
reference.
printed on recycled paper
-3536-
Mound City Code 800.00
-.- :~,. CHAPTER VIII.
LIQUOR, WINE ANB BEER
Section 800 -INTOXICATING LIQUOR LICENSES
800.01
General Provisions.
Subd. 1. Provisions of State Law Adopted. Unless otherwise provided in this
Chapter, the provisions of Minnesota Statutes, Chapter 340A relating to the
definition of terms, licensing, consumption, sales, conditions of bonds of licensees,
hours of sale, and all other matters pertaining to the retail sale, distribution, and
consumption of intoxicating liquor are adopted and made a part of this section as if
set out in full. (ORD. 06-2003, 8/24/03)
Subd. 2. Special Definitions. As used in this Section, the following terms shall'
have the following meanings:
(a)
The term "restaurant" means an establishment, under the control of a single
proprietor or manager, having appropriate facilities to serve meals, for
seating not less than 50 guests at one time in one or more dining rooms
having a total area of at least 254 square feet, and where in consideration of
payment therefor, meals are regularly served at tables to the general public,
and which employs an adequate staff for the usual and suitable service to its
guests and the principal part of the business of which is the serving of foods,
as measured by dollar volume of sales.
(b) The term "dining room" means restaurant.
(c)
The term "hotel" means a "hotel" as that term is defined in Chapter 340A of
Minnesota Statutes and which in addition conducts its business in such a
manner that, of that part of the total business attributable to or derived from
the serving of foods and intoxicating liquors, the principal part of the business
for a license year is the serving of food, as measured by dollar volume of
sales.
(d)
The term "club" means a "club" as that term is defined in Chapter 340A of
Minnesota Statutes.
8/24/03
-3537-
Mound City Code 800.05
800.05 License Required.
Subd. 1.~ General Requirement. No person, except 'a wholesaler or
manufacturer to the extent authorized under State license, shall directly o r indirectly
deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do
so as provided in this Section 800. On-Sale Liquor Licenses shall be of four kinds:
(a)
(b)
(c)
(d)
Class A - On-Sale, Hotel and Restaurant
Class B - On-Sale, Sunday Sale
On-Sale Wine
Club License.
No person shall sell intoxicating liquor on Sunday unless he or she has applied for
and received from the City a Class B (On-Sale, Sunday Sale), license.
Subd. 2. Class A On-Sale Licenses. "On-Sale" licenses shall be issued only
to hotels and restaurants and shall permit "on-sale" of liquor only. No more than
three Class A (On-Sale, HOtel and Restaurant) licenses shall be issued. No Class B
(Sunday Sales) license shall be issued to anyone other than a licensee holding a
valid Class A license.
Subd. 3. On-Sale Wine Licenses. "On-Sale" wine licenses shall be issued
only to restaurants meeting the qualifications of Minnesota Statutes Section
340A.404,.Subd. 5 and shall permit only the sale of wine not exceeding 14 percent
alcohol by volume, for consumption on the licensed premises only, in conjunction
with the sale of food. The holder of an on-sale wine license issued pursuant to
Minnesota Statutes Section 340A.404, Subd. 5, who is also licensed to sell 3.2 malt
liquor at on-sale pursuant to section 340A.411, and whose gross receipts are at
least 60 percent attributable to the sale of food, is authorized to sell intoxicating malt
liquors at on-sale without an additional license.
(ORD. #32-1989 - July 3, 1989)
Subd. 4. Club Licenses. Club licenses shall be issued only to incorporated
clubs which have been in existence for three years or more or to congressionally
chartered veterans' organizations which have been in existence for three years.
Subd. 5. Class B, On-Sale, Sunday Sale. Class B, On-Sale, Sunday Sale
licenses authorizing intoxicating liquor sales in conjunction with the serving of food
may be issued to any club, hotel or restaurant which has facilities for serving at least
30 guests at one time, and which has an "On-Sale" license. (ORD. 77-1996 - 2-27-
96)
s/24/o3
-3538-
Mound City Code
800.05, Subd. 5
a. A club, hotel or restaurant holding a Class B, On-Sale, Sunday Sale
intoxicating liqUor license, with a seating capacity for serving not less than 30
guests may serve alcoholic beverages in conjunction with the serving of food
between the hours of 11:00 a.m. and 12:00 midnight on Sundays in
conjunction with the serving of food, provided the licensee's establishment is
on conformance with the Minnesota Clean Air Act. (ORD. 111-2000,
9/23/00)
800.i0
Application for License.
Subd. i. Application Form Required. Every application for a license to sell
liquor or to allow the consumption of liquor Under Subsection 800.05 hereof shall be
in the form prescribed by the Commissioner of Public Safety and shall be verified
and filed with the City Clerk. No person shall make a false statement in an
application.
Subd. 2. Contents of Application. In addition to information which may be
required by the State Liquor Control Commissioner, the application shall state:
(a)
Whether the applicant is a natural person, corporation, partnership or other
form of organization.
(b)
If the applicant is a natural person, the following .information shall be
furnished:
(1)
True name, place and date of birth, and street residence address of
applicant.
(2)
Whether applicant has ever used or been known by a name other
than his or her true name, and if so, what was such name, or names,
and information concerning dates and places where used.
(3)
The name of the business if it is to be conducted under a designation,
name, or style other than the full individual name of the applicant.
(4)
Whether the applicant is married or single. If married, true name
place and date of birth, and street residence address or applicant's
present spouse.
(5)
Whether applicant and present spouse are registered voters and, if
so, where.
(6) Street addresses at which applicant and present spouse have lived
during the preceding ten years.
3 8/2z~/03
-3539-
Mound City Code 800.10, Subd. 2 (b)(7)
(7)
Whether applicant or hiS or her spouse has ever been co nvicted of
any felony, crime,' or violation or any ordinance, other than traffic. If
so, the applicant shall furnish information as to the time, place, and
offense for which convictions were had.
(8)
Whether applicant or his or her spouse has ever been engaged as an
employee or in operating a saloon, hotel, restaurant, cafe, tavern, or
other business of a similar nature. If so, applicant shall furnish
information as to the time, place, and length of time.
(9)
The name, address, and business address of each person who is
engaged in Minnesota in the business of selling, manufacturing, or
distributing intoxicating liquor and who is nearer of kin to the applicant
or his or her spouse than second cousin, whether of whole or half
blood, or who is a brother-in-law or sister-in-law of the applicant or his
or her spouse.
(c)
If the applicant is a partnership, the names and addresses of all partners and
all information concerning each partner as is required of a single applicant in
paragraph (b) above. A managing partner, or partners, shall be designated.
The interest of each partner in the business shall be disclosed. A true copy
of the partnership agreement shall be submitted with the application.
(d)
If the applicant is a corporation or other organization and is applying for an
"On-Sale" license, the following information sh'all be furnished:
(1) The name and, if incorporated, the state of incorporation.
(2)
A true copy of the certificate of incorporation, articles of incorporation,
or association agreement and by-laws.
(3)
The name of a manager or proprietor or other agent in charge of the
premises to be licensed, giving all the information about said person
as is required of a single applicant in paragraph (b) above.
(4)
A list of all natural persons who, singly or together with their spouse,
or a parent, brother, sister, or child of either of them, own or control an
interest in said corporation or association in excess of 5%, or who are
officers of said corporation or association, together with their
addresses and all other information required of a single applicant in
paragraph (b) above.
4 8/24/03
-354O-
Mound City Code 800.10, SuM. 2(e)
(e)
The exact legal description of the premises to be licensed togeti~er with a
plot plan of the area showing dimensions, location of buildings, street
access, parking facilities, and the locations of and distances to'the nearest
church building and school grounds. The Council shall require the following
off-street parking requirements for licens;es of "On-Sale" licenses:
(1)
Hotel - At least one parking space for each guest room or each
dwelling unit provided in the design or redesign of the building.
(2)
Restaurant - At least one parking space for each three seats.
Additional parking of one parking space for each two employees on
duty during the largest shifts.
The foregoing parking requirements for hotels and restaurants having
"On-Sale" intoxicating liquor licenses shall supersede any off-street parking
requirements established by City Code.
(f)
The floor number and street number where the "On-Sale" sale of liquor is to
be conducted and the rooms where liquor is to be consumed. An applicant
for an "On-Sale" license shall submit a floor plan of the dining room or dining
rooms, which shall be open to the public, shall show dimensions, and shall
indicate the number of persons intended to be served in each of said rooms.
(g)
If a permit from the Federal government is required by the laws of the United
States, whether or not such permit has been issued, and if so required, in
what name issued, and the nature of the permit.
(h)
The amount of the investment that the applicant has in the business,
building, premises, fixtures, furniture, stock in trade, etc., and proof of the
source of such money.
(i)
The names and addresses of all persons, other than the applicant, who have
any financial interest in the business, buildings, Premises, fixtures, furniture,
stock in trade; the nature of such interest, amount thereof, terms for payment
or other reimbursement. This shall include, but not be limited to, any
lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees,
trustors, and persons who have co-signed notes or otherwise loaned,
pledged, or extended security for any indebtedness of the applicant.
(J)
The names, residences, and business addresses of three persons, residents
of the
State of Minnesota, or good moral character, not related to the applicant or
financially interested in the premises or business, who may be referred to as
to applicant's character or in the case where information is required of a
manager, the manager's character.
5 8/24/03
-3541 -
Mound City Code 800.10, Subd. 2(k)
(k)
(m)
Whether or not all real estate and personal property taxes for the premises to
be licensed have been paid and, if not paid, the years for which d elinq.uent.
Whenever the application for an "On-Sale" license, or for a transfer thereof,'
is for premises either planned or under construction or undergoing
substantial alteration, the application shall be accompanied by a set of
preliminary plans showing the design of the proposed premises to be
licensed. If the plans or designs are on file with the City Building
Department, no such plans need to be filed with the City Clerk.
Such other information as the Council shall require.
Subd. 3. Executive of APplication. Ifthe application is by a natural person, it
shall be signed and sworn to. by such person; if by a corporation, by an officer
thereof; if by a partnership, by one of the partners; if by an unincorporated
association, by the manager or managing officer thereof. If the applicant is a
partnership, any license, bond, and insurance policy issued shall be in the names of
all the partners.
Subd. 4. Renewal Application. Applications for the renewal of an existing
license shall be. made at least 60 days prior to date of expiration of the license and
shall be made 'in such abbreviated form as the City Council may approve. If, in the
judgment of the Council, good and sufficient cause is shown by any applicant for his
or her failure to file for a renewal, within the time provided, the Council may, if the.
other provisions of this Section are complied with, waive this requirement and grant
the application.
Subd. 5. Accountant's Statement. At the earliest practical time after
application is made for the renewal of an "On-Sale" license, and in any event prior
to the time that the application is approved by the Council, the applicant shall file
with the City Clerk a statement made by a certified public accountant that showthe
total gross sales and the total food sales of the restaurant for the 12 month period
immediately preceding the date for filing renewal applications.
Subd. 6. Bond. Each application for a licenSe shall be accompanied by a
surety bond or, in lieu thereof, cash or United State Government bonds of
equivalent market value. Such surety bond or other security shall be in the sum of
$5,000.00 for an applicant for an "On-Sale" license, club license, or an "On-Sale"
wine license. All such bonds shall provide that no cancellation for any cause can be
made either by the bonding company or the applicant, without said person first
giving 30 days written notice to the City, addressed to the City Manager, of intention
to cancel bond. Any bond filed under this subdivision shall be conditioned on the
licensee obeying all laws governing the business and paying all taxes, fees,
penalties and other charges; and must provide that the bond is forfeited to the City
of Mound on a violation of any law regulating the use, sale, consumption or display
of alcoholic beverages, as that term is defined in Chapter 340A of bl innesota
Statutes. (ORD. 56-1992- 5/11/92)
6 8/24/o3
-3542-
Mound City Code 800.10, Subd. 7
Subd. 7. Insurance Prior to the issuance of a liquor license, the applicant
shall demonstrate proof of.financial responsibility with regard to liability imposed by
Minnesota Statutes Section 340A.801 to the City Clerk and to the Commissioner of
Public Safety as a condition of the issuance or renewal of his license. Proof of
financial responsibility shall be given by filing a certificate that there is irn effect an
insurance policy or pool providing the minimum coverages for dram shop liability as
required by Minnesota Statutes, Section 340A.409, Subdivision 1. It is the intent of
this section to require the minimum insurance coverages and amounts required by
Minnesota law. (ORD. #33-1989 - 9-18-89)
Subject to the restrictions set forth in Section 340A.409, Subd. 4, of IMinnesota
Statutes, the City Clerk is hereby authorized to waive the foregoing requirements as
they pertain to insurance for on-sale wine licenses with sales of less than the
amount set forth in the Statute if said licensee files an affidavit from a Certified
Public Accountant to show that sales are under the amount set forth in the Statute.
The licensee must also file a written commitment with the City Clerk that if the sales
reach the amount set forth in the Statute, the licensee will not continue to sell wine
until he or she has filed a certificate of insurance meeting the requirements set forth
in this Subsection 800.10, Subd. 7. (ORD. #56-1992 - 5/11/92)
Subd. 8. Approval of Security. The security offered under Subds. 6 and 7
shall be approved by the City Council, and in the case of applicants for "On-Sale"
wine licenses, by the State Commissioner of Public Safety. Surety Bonds shall be
approved as to form by the City Attorney. Operation of a licensed business without
having on file with the City at all times effective security as required in Subds. 6 and
7 is a cause for revocation of the license. (ORD. #33-1989 - 9-18-89)
800.15
License Fees.
Subd. 1. Fees. The annual fee for a Class A liquor license, Class B liquor
license, On-Sale Wine license, and Club license, shall be established in accordance
with the provisions of Section 500 of the City Code. (ORD. 01-2001,2/25/01)
Subd. 2. Payment. Each application for a license shall be accompanied by a
receipt from the City Treasurer for payment of one-half of the license fee and the
fixed investigation fee required under Subsection 800.20, Subd. 1, if any. The
remaining balance of the license fee shall be paid before the license is issued. The
entire annual "On-Sale" license fee must be paid for the first year's operation of a
licensed establishment. In renewing the license, the Council may allow the
"On-Sale" licensee to pay the fee in two installments, with one-half due on or before
June 30th and the balance due on or before December 31st. All fees shall be paid
into the general fund.
7 8/24/03
-3543-
Mound City Code 800.1 5, Subd. 3.
Subd, .3. Term, Pro Rata Fee. Each license shall be issued for a period of one
year except that if the application is made during the license year, a license may be
issued for thai remainder of the year for a pro-rata feed, with any unexpired fraction
of a month being counted as one month. Every license shall expire on the last day
of June of each year.
Subd. 4. Refunds. No refund of any fee shall be made except as authorized by
statute. If an application for a license is withdrawn or rejected, the Treasurer shall
refund the amount paid as the license fee, except where rejection or withdrawal is a
willful misstatement in the license application.
800.20
GrantinR of Licenses
Subd. 1. Preliminary Investi.qation. On an initial application for an "On-Sale"
license and on an application for transfer of an existing "On-Sale" license, the
applicant shall pay with his or her application a non-refundable minimum
investigating fee of $500.00, and the city shall conduct a preliminary background
and finanCial investigation of the applicant. The application in such case shall be
made on a form prescribed by the State Bureau of Criminal Apprehension and
contain such additional information as the Council may require. If the COuncil
deems it in the public interest to have an investigation made on a particular
application for renewal of an "On-Sale" license, it shall so determine. If the Council
determines that a comprehensive background and investigation of the applicant is
necessary, it may conduct the investigation itself or contract with the Bureau of
Criminal Investigation for the investigation. No license shall be issued, transferred,
or renewed if the results show to the satisfaction of the Council that issuance would
not be in the public interest.
If the expenses of the investigation relating to any application exceed the minimum
investigating fee, the City shall notify the applicant of this fact and shall require the
applicant to pay an additional investigating fee which the City Manager deems
necessary to complete the investigation of the applicant. The applicant shall pay
such an additional investigating fee within five (5) days of being so notified. If such
additional investigating fee is not p aid Within such 5-day period, t he City s hall
discontinue consideration of the application.
If an investigation outside the state is required, the applicant shall be charged the
actual cost not to exceed $10,000. Such additional investigating fee, after
deducting the minimum investigating fee already' paid, shall be payable by the
applicant whether or not the license is granted.
Upon completion of the City's investigation, the additional investigating fee, if any,
shall be refunded to the applicant after deducting the City's actual costs of
investigation.
8 8/24/03
-3544-
Mound City Code 800.20, Subd.2
Subd. 2. Hearing and Issuance. The following procedure be followed
processing' applications for licenses under this Section 800:
(a)
All applications for a license shall be referred to the Chief of Poi ice and to
such other City departments as the City Manager shall deem necessary, for
verification and investigation of the facts set forth in the application. The
Chief of Police shall cause to be made such investigation of the information
requested in Subsection 800.10 as shall be necessary and shall make a
written recommendation and report to the Council which shall include a list of
violations of federal or state law or municipal regulations.
(b)
UPon receipt of the written report and recommendation by the Chief of
Police and within 30 days thereafter, the Council shall instruct the Clerk to
cause to be published in the official newspaper 10 days in advance, a notice
of hearing to be held by the City Council, setting forth the day, time and
place when the hearing will be held, the name of the applicant, the premises
where the business is to be conducted, and such other information as the
Council may direct. At the hearing, opportunity shall be given any person to
be heard for or against the granting of the license. After the hearing, the
Council may either grant or deny the license. If the license is granted, the
Council may withhold its issuance until the applicant has qualified in all
respects for the license. If the premises to be licensed are not complete at
the time that the hearing is conducted, the Council may grant the license but
shall withhold its issuance until the premises have been completed in
accordance with the representations made by the applicant. The license fee
shall be due as of the date the license is granted. If a license has been
granted but its issuance has been withheld pending completion of the
premises to be licensed, and if the licensee does not proceed with
reasonable dispatch to ready the premises, the Council may rescind the
action granting the license. Such action shall not be
taken, however, without giving the licensee at least ten days notice of the
time and place of a hearing on the proposed rescission.
Subd. 3. Person and Premises Licensed; Transfer. Each license shall be
issued only to the applicant and for the premises described in the application. No
license may be transferred to another person or place without City Council approval.
Any transfer of the stock of a corporate licensee is deemed a transfer of the license
and a transfer of stock without prior Council approval is a ground for revocation of
license.
800.25 Persons Ineliqible for License. No license shall be granted to any person
made ineligible for such a license by state law. (ORD. #56-1992 - 5/11/92)
9 8/24/03
-3545-
Mound City Code 800.30
800.30
Places Ineliqible for License.
Subd. 1. General Prohibition. No license shall be issued for any place or any
business ineligible for such a license under state law. In addition, the ex:istence of
any of the following conditions render the applicant and the following premises
ineligible for receipt of a Class A On-Sale license or a Class B On-Sale license:
(a)
Any restaurant which does not have a total market value, including land,
building, and equipment, of at least $250,000 as appraised by the City
assessor. The foregoing valuation provision shall not apply to the existing
municipal On-Sale liquor dispensary' or to the terms established by the
Council.
(b)
Any hotel which does not have a total market value, including land, building,
and equipment, of at least $500,000 as appraised by the City assessor.
(c)
Any restaurant or hotel located in any zoning district other then a commercial
or commercial use district.
Subd. 3. Delinquent Taxes and Charqes. No license shall be granted for
operation on any premises on which taxes, assessments, or other financial claims of
the City are delinquent and unpaid.
800.35
Conditions of License.
SUbd. 1. In General. Every license is subject to the conditions in the followir~g
subdiVisions and all other provisions of this Section and of any other applicable
ordinance, state law, or regulation.
Subd. 2. Changes in Corporate Form - Notification Requirements.
Changes' in the corporate or association officers, corporate charter, articles of
incorporation, by-laws, or partnership agreement, as the cases may be, shall be
submitted to the City Clerk within 30 days after such changes are made. In the
case of a corporation, the licensee shall notify the City Clerk when a person not
listed in the application acquires an interest which, together with that of his or her
spouse, parent, brother, sister, or child, exceeds 5%, and shall give all information.
about said person as is required of a person pursuant to the provisions of
Subsection 800.10, Subd. 2.
Subd. 3 Chan.qes in Corporate Form - Early Termination of License. Any
change of Ownership or beneficial interest or sales of stock entitled to be voted at
any meeting of the stockholders of a corporation which result in a change in voting
control of the corporation by the persons owning shares of stock therein shall be
deemed equivalent to a transfer of the license issued to such corporation, and any
such license shall be revoked and terminated 30 days after any such change in
10 8/24/03
-3546-
Mound City Code 800.35, Subd.3.
ownership o r beneficial interest of shares,.~Unless the Council shall have been
notified of such change in writing and shall.h, sve approved thereof.
Subd. 4. Changes in Physical Oondition of Licensed Premises .
Notification Requirements. Proposed enlargement, alteration, or extension of
premises previously licensed shall be reported to the City Clerk at or befoCe the time
application is made for a building permit for any such change, and the licensee shall
also give such information as is required by Subsection 800.10, Subd. 2.
Subd. 5. Licensee's Responsibility. Every licensee is responsible for the
conduct of his or her place of business and the conditions of sobriety and order in it.
The 'act of any employee on the licensed premises authorized to sell intoxicating
liquor there is deemed the act of the licensee as well, and the licensee shall be
liable to all penalties provided by this Section and the law equally with the
employee.
Subd. 6. !nspection. Every licensee shall allow any peace officer, health
officer, or properly designated officer or employee of the City to enter, inspect, and
search the premises of the licensee during business hours without a warrant. In
addition, the business records of the licensee, including federal and state tax
returns, shall be available for inspection by the City Manager, or other duly
authorized representative of the City or the City Council, at all reasonable times.
Subd, 7, Display Durinq Prohibited Hours. No On-Sale establishment shall
display liquor to the public during hours when the sale of liquor is prohibited.
.Subd, 8, Hours of Operation. No sale of liquor may be made between the
hours of 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, and
after 1:00 a.m. on Sunday. Every room, place, or premises where liquor is
permitted to be sold, including cafe, restaurant, or dining room operated in
connection therewith, pursuant to an On-Sale license, shall be closed and kept
closed to the public during the times when a sale of liquor is prohibited under this
subdivision. During said hours, no person or persons shall be allowed to be or
remain within such room, place or premises, for any purpose whatsoever, except
that the owner or licensee, his or her agents, servants, or employees, may be and
remain there for the purpose only of cleaning, preparation of meals, necessary
repairs, or other work in connection therewith. (ORD. 06-2003, 8/24/03)
Subd, 9, Federal Stamps. No licensee shall possess a federal wholesale
liquor dealer's special tax stamp or a federal gambling stamp.
Subd, 10, Club Licenses - No sales to Non-Members, The sale of liquor under
a Club license is restricted to members of the club which holds the license, and no
licensee holding a club license shall sell liquor to persons who are not members or
bona fide guests of members of the licensee club. (ORD 77-1996 - 2-27-96)
~¢ s/24/o3
-3547-
Mound City Code
800.35, Subd.11'
Subd. 11. .No Bar, Partition, Box or Screen Permitted. In any place of liquor,
the liquor licensed for On-Sales sold shall be served and consumed at ta hies in the
dining or refreshment room of the cafe, restaurant, hotel or club, and shall not be
consumed or Served at bars; provided the same may be served at counters where
food is regularly served and consumed. All windows in the front of any such place
shall be of clear glass, and the view of the whole interior shall be unobstructed by
screens, curtains, or partitions. There shall be no partition, box, stall, screen,
curtain, or other device which shall obstruct the view of any part of said room from
the general observation of persons in said room; provided, however, that partitions,
subdivisions, or panels not higher than forty-eight inches from the floor shall not be
construed as in conflict with the foregoing; and provided, however, such license
shall entitle the holder thereof to serve beer in a separate room of such restaurant
to banquets or dinners at which are present not less than six persons.
Subd. 12. Employment of Under A.qe Persons. Except as authorized by
Chapter 340A of Minnesota Statutes, no person under age 21 shall be employed on
any licensed premises.
800,40
Restrictions on Purchase and Consumption.
Subd. 1. Liquor in Unlicensed Places. No person shall mix or prepare liquor
for consumption in any public place or place of business unless it has a license to
sell liquor On-Sale and/or a permit from the Commissioner of Public Safety under
Minnesota Statutes Section 340A.414, and no person shall consume liquor in any
such place.
Subd. 2. Consumption in Public Places. No person shall consume liquor
a public highway, public park, or other public place.
Subd. 3. Liquor in Hotel Guest Rooms. No sale of intoxicating liquor shall be
made to or in guest rooms of hotels, unless the rules of such hotels provide for the
service of food in guest rooms; nor unless the sale of such intoxicating liquor is
made in the manner On-Sale are required to be made; nor unless such sale
accompanies and is incident to the regular service of meals to guests therein; nor
unless the rules or such hotel and the description, location, and number of such
guest rooms are fully set out in the application for a license.
Subd. 4. Proof of A.qe. Any personwho may appearto the licensee, hisorher
employees or agents, to be under the minimum age allowed by Chapter 340A of
Minnesota Statutes shall upon demand of the licensee, his or her employee or
agent, produce and permit to be examined a valid driver's license, a current
Minnesota identification card issued pursuant to Section 171.07 of Minnesota
Statutes, or in the case of a foreign national, a valid passport.
~2 8/24/o3
-3548-
Mound City Code
800.4. 0, Subd. 5
Subd. 5. No intoxicating liquor shall be sold, served, or consumed on the
lice,nSed premises during the time when a sale is prohibited by law. (ORE). 65-1993
- 8/30/93)
800.45
Bottle Clubs and Locker Clubs - Set-Ups.
Subd. 1. Definition - Liquor. Whenever used in this Subsection 800.45, the
term "intoxicating liquor" and "liquor" shall include ethyl alcohol and any liquid of any
kind, potable as a beverage, containing one-half (1/2) of one percent (1%) or more
of alcohol by volume, and also any liquid of any kind potable as a beverage which is
in fact intoxicating.
Subd. 2. Unlawful Acts. No person shall manufacture, sell, give away,
possess, or transport, or solicit, receive, or take any order for, intoxicating liquor;
except that this prohibition shall not apply to ethyl alcohol intended for chemical,
mechanical, medicinal, pharmaceutical, scientific, industrial, or sacramental
purposes, if a license has been secured as provided by state law; nor to any liquor
intended for such purposes; or except that a license has been secured pursuant to
Subsection 800.05, Subd. 4, hereof.
It shall be unlawful for any private club or public place, directly or indirectly or upon
any pretense or by any device, to allow the consumption or display of intoxicating
liquor, or the serving of any liquid for the purpose of mixingwith intoxicating liquor
without first securing a permit from the Commissioner of Public Safety and paying
the annual fee as provided by Subd. 4 of this Section and Section 340A.414 of
Minnesota Statutes.
Subd. 3. Property Used in Violation Hereof a Nuisance. All places where
intoxicating liquor are manufactured, sold, bartered, or given away in violation of law
or where persons are permitted to resort for the purpose of drinking intoxicating
liquors, as a beverage, or where intoxicating liquors are kept for sale, barter, or
distribution in violation of law, and all liquors, bottles, kegs, pumps, bars, and other
property kept at and used for maintaining such a place, and all vehicles used for
illegal transportation of liquor, are hereby declared public nuisances affecting public
morals and decency.
Subd, 4. Annual Fee. Every private club or public place desiring to allow the
consumption or display of intoxicating liquor, or to serve any liquid for the purpose of
mixing with intoxicating liquor, shall on or before July 1 of each year, payto the City
Treasurer a fee in an amount established in accordance with the provisions of
Section 500 of the City Code, and shall be issued a written receipt therefor. If a
portion of the year has elapsed when payment is made, a pro-rata fee shall be paid;
but no such pro rata fee shall be accepted from any private club or public place
which has violated Subd. 2 of this Section. In computing such fee, any unexpired
13 8/24/03
-3549-
Mound City Code 800.45
fraction of a month shall be counted as one month. The written receipt shall be
posted in some conspicuous place upon the premises alongside the permit issued
bythe Commissioner of Public Safety and shall be posted at all times. (ORD. 01-
2001, 5/25/01)
Subd. 5. Inspections. Any private 'club or public place allowing the
consumption or display of intoxicating liquor shall be-open at all reasonable hours
for inspection by the Commissioner of Public Safety, his designated agents, and
duly authorized peace officers of the City. Refusal to permit such inspections shall
be a violation of this Section.
Subd. 6. Exceptions. This Section does not apply to any premises licensed for
the sale of intoxicating liquor under Subsection 800.05 hereof.
Subd. 7. Deliveries. For the purposes of this Section, delivery and sale of
intoxicating liquor shall be deemed to occur at the place at which a purchaser
accepts possession of the intoxicating liquor from the seller thereof or from his or
her agent or employee. If the purchaser of intoxicating liquor permits the seller
thereof or any employee or agent of such seller to retain or reacquire possession
thereof, the place of delivery of possession and sale for the purposes of this Section
shall be deemed to be the place at which possession of such intoxicating liquor is
thereafter redelivered to the purchaser.
800.50 Suspension and Revocation. The Council may either suspend for not to
exceed 60 days or revoke any liquor license upon a finding that the licensee has failed to
comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor.
No suspension or revocation shall take effect until the licensee has been afforded an
opportunity for a hearing pursuant to Minnesota Statutes, Sections 14.57 to 14.70.
-3550-
BOARD MEMBER~
Bert Foster
Chair, Deephaven
Craig Nelson
Vice Chair, Spring Park
Liti McMillan
Secretary, Orono
Tom Skramstad
Treasurer, Shorewood
Bob Ambrose
Wayzata
Doug Babcock
Tonka Bay
Orv Burma
Mound
Miles Canning
Greenwood
Paul Knudsen
Minnetrista
Pete Nelson
Victoria
Tom Seuntjens
Minnetonka Beach
Herb Suerth
Woodland
Jose Valdesuso
Excelsior
Katy Van Hercke
Minnetonka
LAKE MINNETONKA CONSERVATION [DISTRICT
18338 MINNETONKA BLVD. * DEEPHAVEN, MINNESOTA 55391 * 'tELEPHONE 952/745-0789 · FAX 952/745.-9085
Gregory S. Nybeck, EXECUTIVE DIRECTOR
August 29, 2003
TO:
FROM:
LMCD Member Cities
Albert O. Foster, Chair LMCD
SUBJECT: Law Enforcement on Lake Minnetonka for 2004
LMCD Resolution 107
Attached is a copy of Resolution 107 approved August 27, 2003 by the
LMCD. It encourages Hennepin County and the Sheriff to fully fund for
2004 and beyond the two extra Water Patrol positions that were so
successful in the pilot program funded partially by the 14 member cities.
In 2001 and 2002, most member cities participated in a pilot program to
add two additional Hennepin County Sheriff's Water Patrol Deputies on
Lake Minnetonka during the boating seasons. This pilot program was a
success and was continued in 2003, with Hennepin County funding 100
percent of the costs for the two additional Deputies. Continuation of this
program is very important to the safety and quality of Lake Minnetonka
boating in 2004 and beyond. However, it now appears that Hennepin
County will not fund the program for 2004.
The LMCD is encouraging all 14-member cities to adopt a similar
resolution and forward it to the Hennepin County Commissioners and
Sheriff Pat McGowan ASAP.
Please feel free to contact me at (952) 544-1100, or LMCD Executive
Director Greg Nybeck at 952-745-0789, if you have questions or concerns
relating to this matter.
50% Recycled Content
20% Post Consumer Waste
Web Page Address: http://www.lmcd.org
E-mail Address: lmcd@lmcd.org
-3551 -
LAKE MINNETONKA CONSERVATION DISTRICT
RESOLUTION 107
A RESOLUTION STATING THE POSITION OF THE BOARD OF DIRECTORS
REGARDING LAW ENFORCEMENT RESPONSIBILITIES ON LAKE MINNETONKA
WHEREAS,
Lake Minnetonka is the largest lake in the Twin Cities Metropolitan Area, and is a natural and
recreational resource used by residents throughout the region and beyond; and
WHEREAS,
Lake Minnetonka is one of the most intensively used lakes by boaters, and thus results in the need
to provide a high level of law enforcement activity; and
WHEREAS,
through the Lake Minnetonka Conservation District (LMCD), the fourteen cities around Lake
Minnetonka and Hennepin County have participated financially in a pilot program to evaluate
whether additional patrol - the equivalent of two full-time deputy positions during the boating season
- would result in better compliance with laws and a better experience for persons using the lake; and
WHEREAS,
many cities informed the LMCD that their financial participation would be limited to the pilot program
for 2001 and 2002, as they were willing to pay to determine whether additional patrol would have
positive effects; and
WHEREAS, Hennepin County fully funded the additional Water Patrol costs in 2003; and
WHEREAS
data from such sources as citations issued and boat user satisfaction surveys indicate that the
additional law enforcement activity has had positive effects; and
WHEREAS,
the death that occurred on July 4, 2003, on the north side of Big Island demonstrates that the
additional level of law enforcement activity should not be reduced; and
WHEREAS,
the Water Patrol of the Hennepin County Sheriff's Office has ultimate responsibility for law
enforcement in Lake Minnetonka,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the LMCD request Hennepin County to fund
fully and permanently the additional level of law enforcement that has been proven effective on Lake
Minnetonka,
AND BE IT FURTHER RESOLVED that the Board of Directors state its expectation that Hennepin County Sheriff will
allocate resources and ensure that this level of enforcement is performed in 2004 and subsequent
years, as it is the primary responsibility of Hennepin County and not the cities abutting Lake
Minnetonka to fund law enforcement activities on it.
Adopted by the LMCD Board of Directors this 27th day of August, 2003 /
/_
Albert O. Foster, Chair
ATTEST;
Greg~ry/S~. ~'beck, ~x,e'~uiive Director
-3552-
Date
8\1~2003
61212003
8/3/2003
8/4/2003
8/5/2003
8/6/2003
8/7/2003
8/8/2003
8/9/20O3
8/10/2003
8/11/2003
8/12/2003
8/13/2003
8/14/2003
8/15/2003
8/16/2003
8/17/2003
8/18/2003
8/19/2003
8/20/2003
8/21/2003
8/22/2003
8/23/2003
8/24/2003
8/25/20O3
8/26/2003
8/27/2003
8/28/2003
8/29/2003
8/30/2003
8/31/2003
Weather
Harbor Wine & Spirits Aug 2003
Cust. '03 Cust. '02 Variance
cloudy 628 422 206
pt cloudy 771 090 61
574 -574
SUNNY 351 351
cloudy 338 375 -37
SUNNY 376 332 44
SUNNY 402 335 67
SUNNY 637 383 254
SUNNY 750 591 159
730
SUNNY 381 381
SUNNY 397 336 61
hot 418 350 68
SUNNY 450 361 89
hot 669 391 278
hot 788 593 195
621 -621
hot 788 386 402
hot 361 363 -2
SUNNY 358 306 52
SUNNY 414 316 98
SUNNY 641 381 260
SUNNY 782 547 235
675 -675
SUNNY 359 359
SUNNY 399 329 70
cloudy 356 341 15
SUNNY 433 354 79
SUNNY 553 357 196
SUNNY 795 589 206
746 -746
2003
12022.4
16325.95
5335.58
5312.91
6145.83
7137.93
13074.57
16506.75
5290.05
5954.74
6509.63
8319.32
12665.02
17090.88
5497.19
5758.24
5891.99
7707.31
11847.51
15786.85
6079.92
6820.06
6016.41
8070.71
11592.05
20385.56
13595 12774
2002
6256.8
11666.29
9840.7
5091.74
4426.04
4638.87
5571.24
10003.44
12598.87
4279.95
4793.12
5112.31
6052.42
9919.17
11034.73
4670.36
4137.74
5154.47
6779.15
9173.99
11373.24
4556.27
4892.12
4910.93
5343.89
10137.43
15225.17
Difference +/-
5765.6
4659.66
-9840.7
5335.58
221.17
1719.79
2499.06
7503.33
6503.31
-12598.87
5290.05
1674.79
1716.51
3207.01
6612.6
7171.71
-11034.73
5497.19
1087.88
1754.25
2552.84
5068.36
6612.86
-11373.24
6079.92
2263.79
1124.29
3159.78
6248.16
10248.13
-15225.17
-3553-
Harbor Wine & Spirits
2135 Commerce Blvd
3
Ironstone "Obsession" Symphony 750ml ,,,,,,
Hogue Harvest Red & Harvest White
Table Wine 1.51tr ,...,. $8,99
Ironstone Cabernet, Chardonnay, Merlot,
Cabernet Franc & Sauvignon Blanc.,.... $7.!
I I ~ I l
Banft San Angelo Ptnot Grtgto ,,,,,, $12,99
Samu~l Ada~sS t2 Pack Bottle,.
I Typ...... $10.99
Red Hook 6 Pack Bottles
All Types ...... $5.99
Bacardi Malt Beverages
Silver, O, and Introducing~ "Raz"......$7.49
Sk~ Vodka Liters
Regular, Citrus, Spiced, Vanilla & Berry......$15.49
BwlaCk Velvet t.75 Liters ...... $15.49
ine ,astings ~very saturdaY!!,~ ~~
Prices Good Thru September 30th!! ~ K'~'~'~!
-3554-
International pilot
Program Takes Off:
The First Minnesota/Sweden
Exchange Program for Managers
22
s government managers, we have ample op-
local
portunities for education and professional devel-
opment-classes, seminars, and conferences--
but none of these has ever been as professionally
and personally rewarding to me as the interna-
tional exchange program arranged last year be-
tween the Minnesota City/County Management Association
(MCMA) and the Association of Swedish City Managers.
Eighteen city and county managers from Minnesota visited
Sweden for one week in May 2002, and 10 Swedish managers
spent three days in Minnesota prior to attending the
September 2002 ICMA conference in Philadelphia.
The program was a first for MCMA, marking a significant
step in MCMA's interest and supportive effort toward pro-
moting an international perspective on professional local
government management. It also is hoped that this exchange
of trips will be seen by ICMA as a pilot program for future
visits by other state associations to locations throughout the
world.
Making It a Reality
Credit for coming up with the idea for the exchange pro-
gram goes to Matt Fulton, city manager of New Brighton,
SEPTEMBER 2003
-3555-
International Pilot
Program Takes Off:
The First Minnesota/Sweden
Exchange Program for Managers
22
s government managers, we have ample op-
local
portunities for education and professional devel-
opment-classes, seminars, and conferences--
but none of these has ever been as professionally
and personally rewarding to me as the interna~
tional exchange program arranged last year be-
tween the Minnesota City/County Management Association
(MCMA) and the Association of Swedish City Managers.
Eighteen city and county managers from Minnesota visited
Sweden for one week in May 2002, and 10 Swedish managers
spent three days in Minnesota prior to attending the
September 2002 ICMA conference in Philadelphia.
The program was a first for MCMA, marking a significant
step in MCMA's interest and supportive effort toward pro-
moting an international perspective on professional local
government management. It also is hoped that this exchange
of trips will be seen by ICMA as a pilot program for future
visits by other state associations to locations throughout the
world.
Making It a Reality
Credit for coming up with the idea for the exchange pro-
gram goes to Matt Fulton, city manager of New Brighton,
-3556-
SEPTEMBER 2003
and Miomir Serbinson, for-
mer city manager of Staffanstorp, Swe-
den. Fulton and Serbinson served to-
gether on the ICMA Task Force on
International Affiliations, one of whose
responsibilities is to build an interna-
tional perspective on how local govern-
ment is operated.
At one of the task force's meetings,
held in MalmiS, Sweden, Fulton and
Serbinson were discussing the role that
state associations could play in helping
to build this international perspective.
They came up with the idea of an ex-
change program between their respec-
tive state associations: Minnesota and
Skine (the region covering the southern
tip of Sweden). Given the Scandinavian-
based culture of Minnesota, the choice
of Sweden as an exchange partner
seemed natural., but Fulton points to
other reasons as well.
"Sweden has many interesting things
to offer in terms of its culture, gover-
and history. The people also use a
~f advanced technologies in the ways
r look at energy and regionalized ser-
vices.'' He goes on to say, "The idea was
appealing to me, and I thought other
Minnesota managers would benefit
from being exposed to some of the
things that Sweden does"'
Although there was no formal mar-
keting campaign for the exchange pro-
grain, it was promoted through
MCMA's e-mail communication sys{em,
in its newsletter, and personally by Ful-
ton. "I' was concerned about getting
enough People to participate," explains
Fulton, "so throughout the course of the
year, as I was promoting it, I would take
a $1 nonrefundable deposit fi'om anyone
who expressed an h~terest!"
As it turned out, he didn't have to
worry. He was hoping for five to 12 peo-
ple but ended up with a total of 27 (18
managers and nine spouses). The only
real cost for each participant was his or
he~ airfare (about $750), although, in
addition, MCMA granted 12 $300
_~larships.
arrangements and the schedule
of activities in Sweden were set up by Stig
PUBLIC MANAGEMENT
In a series of '~firsts," the Minnesota delegation is ready to embark from the I-:Iorby,
Sweden, City Hall steps on a city bus tour afte~ its first city hail visit on the first official
day of hands-on city visits.
)klund, executive director of the City
Managers Association in Sweden, and his
executive assistant, Lilian Persson, who
also was responsible for finding home
stays for the Minneso{a managers. Stay-
ing in homes made the trip much more
affordable, but, more important, it
added a personal element that proved
crucial to the program's success.
The original intent was to have par-
ticipants stay only in the homes of local
government managers or municipal em-
ployees, but because there were twice as
many people as she had originally
planned for, Persson had to call on
friends and friends of friends. One cou-
ple even stayed with Fulton's cousin,
whom he had only met once on a previ-
ous visit to Sweden. "Lilian did a re-
markable job finding home stays for ev-
eryone;' notes Fulton, "and in the end I
think it was good that many of our man-
agers were exposed to people in other
occupational areas"'
Minnesota Managers
Arrive in SWeden
The Minnesota delegation arrived on
May 25, met at the train station in
Malm6 for a brief welcome, then trav-
eled to our host families' homes. The
next day, we were treated to a reception
and an exquisite dinner at Bosj61doster
Castle and Gardens, which set the tone
for the royal treatment we received
throughout our stay.
Each day, we visited a different city
and met with the local staff to discuss
city management issues. We toured
places of interest in each city, including
schools, nursing homes, hospitals, hous-
ing developments, libraries, and muse-
ums, as well as wetlands, farms, and
shorelines. We also learned about the
various levels of regional government in
Sweden and the cooperation that takes
place among them.
Our trip ended on May 31 with an
elaborate send-off dinner at Tivoli Gar-
dens in Copenhagen~ Denmark. The en-
tire trip was extremely wdl planned and
well organized, an amazing feat consid-
ering the size of our group--all 27 of us
were included in all activities. There was
never a language barrier because all of
the Swedei spoke excellent English.
prOfesSional InSights
Throughout our stay, all of us Were
struck with the startling Similarity be-
tween the geography of Minnesota and
that of Sweden. As Charlie Meyer, city
manager of St. Louis Park, Minnesota;
puts it, "You could understand how
Scandinavian immigrants must have
seen Minnesota and said, 'This feels like
home.'"
Meyer also notes that, as in Min-
-3557-
23
nesota, Swedish elected officials have
. Pgrsonalities that span the full range--
i !fibre the quiet and conservative to the
~C3i'orful, like one mayor We met of
· whom there are stories of his charging
around on the beach of the Baltic Sea,
surveying his town while, riding his
white horse. We observed similarities in
their use of technology and in their
planning process, and we sensed in them
a similar level of professionalism, pride,
and integrity in the work we a~ do as
city and county managers.
We also were Struck by some pro-
found differences. As a socialist nation,
Sweden has much higher taxes than the
United States, but the government pro-
vides a much higher level of services~ es-
sentially taking care of citizens "from
cradle to grave." Craig Waldron, city ad-
ministrator of Oakdale, Minnesota, was
especially interested in observing a soci-
ety that accepts a much greater role for
government.
"I was amazed at the size of the city
councils]' he observes, "with as many as
50 councilmembers where we might
have five, and they all run on a party
basis, unlike most of our nonpartisan
councils." Waldron recalled speaking
with a mayor seen as politically conser-
vative in Sweden who would have been
considered extremely progressive by
United States standards. Waldron notes,
"His biggest 'priorities were education,
protecting the environment, and pro-
viding housing and medical care for
older citizens."
The cooperation observed among
levels of government in Sweden had an
impact on Hastings, Minnesota, City
Administrator Dave Osberg. As a result
of the trip, he hopes to enhance oppor-
tunities for regional cooperation, stat-
ing, "We are the county seat here in
Hastings, and after seeing the coopera-
tion that takes place between govern-
ment lines in Sweden, I think we could
do a better job of it here."
Transportation in Sweden presents
another significant difference. Unlike
Minnesotans' almost complete reliance
on individual vehicles, the Swedes' pref-
were struck With
the startling
simil, arity.'between
the geography of
Minnesota'and that
of Sweden.
erence is to make excellent use of public
transportation, as well as bicycles. The
regional transportation system for Skitne
covers an area geographically much
larger than the Twin Cities metropolitan
area and less populous, yet it is extremely
effective, with a fare-box return of ap-
proximately 75 percent. Meyer notes,
"That's the kind of thing that reinforces
your belief that a transit system can be a
major contributor to transportation so-
lutions for your area. It's a matter of
striving for that kind of model."
Heidi Nelson, assistant city admin-
istrator of Ramsey, Minnesota, who
stayed in the city of Liind, observes,
"Rush hour consisted of buses and bi-
cycles." She also notes how the devel-
opment of Swedish communities is
transit-oriented: "Their developments
and cities tend to be dense, and then
there's rural farmland. You just don't
see sprawling 10-acre lots or even two-
acre lots, like you tend to see in our
suburbs."
After visiting several new housing de-
velopments in Land, Nelson also was
impressed with the Swedes' environ-
mental focus: "We saw smaller houses
that are more densely situated, with nat-
ural areas preserved for communal use.
They're very environmentally concerned
about their use of natural and real re-
sources." Also of interest to Nelson was
the successful use of alternative sewer
systems for developments in rural areas.
"The Swedes are leaders in this areal' she
notes. "I was able to speak at length with
a water system engineer in Ltind about
implementing collective sewer systems. I
walked away with a lot of insight and
with [the names of resource people
whom] I would feet comfortable in call-~
ing tomorrow if I had questions."
We in the Mil~nesOta delegation also
had the opportunity to visit a major re-
development project in Malm6, where
former shipyards are being turned into a
mixed-use development intentted as an
environmental model for the European
Union. They use geothermal heating
systems in the buildings, have a self-con-
tained water system, and ban the use of
gasoline-powered vehicles while keeping
a pool of electric cars available for citi-
zens' use.
Charlie Meyer, who had recently
worked on a similar type of project in St.
Louis Park, observes~ "It was a tremen-
dous leap in my thinking in terms of the
possibilities for this kind of redevelop-
ment project. It's a good example of how
we need to visit other places and experi-
ence what they're doing in order to un-
derstand the possibilities that exist."
On a Personal Level
the participants felt that staying with a
host family was one of the best aspects
of the program, and many of us have de-
veloped lifelong friendships. As Heidi
Nelson observes, "It's an incredible way
to get to know a culture and to see how
people live."
Dave Osberg, who stayed with
Miomir Serbinson and his family, was
surprised at the similarities in family dy-
namics and lifestyle. He explains,, "At
dinner one night, I could have closed my
eyes and thought, 'I'm back at the din-
ner table at my home in Hastings.'"
Charlie Meyer has this to say of his
hosts: "We learned to appreciate their
humor and their perspective on life. We
got to talk about history and how that
affected the way they are now. You can't
24
-3558-
SEPTEMBER 2003
that perspective by reading Time
azine:'
Members of my host family were es-
pecially helPful to me in tracing my
Swedish heritage. I brought a family tree
with me and, on the first night of my
stay, showed it to them. When we gath-
ered around a table, they immediately
got out their maps and books. Together,
we discovered that my ancestors were
farmers and tradesmen from SundSuall,
in north central Sweden.
The Swedes Come to
Minnesota
After our memorable experience in
Sweden, we were all looking forward
to welcoming our Swedish counter-
parts to Minnesota. Ten managers and
two spouses participated in the second
half of the exchange program, in
September 2002. A committee made
up Of several Minnesota managers who
had gone to Sweden made the arrange-
rots for their return visit. Those of
gho had received MCMA scholar-
ships to go to Sweden acted as host
families. In our guests' itinerary, we
tried to include both professional and
social activities.
After a hockey game on the night of
the Swedes' arrival, we spent the first
full day together as a group. We visited
the League of Minnesota Cities' build-
ing, where presentations were made on
city, regional, and county government
in Minnesota. This stop was followed by
lunch, a tour of the state capitol in St.
Paul, and a visi{ to the Swedish Ameri-
can Institute in Minneapolis. Following
dinner, our visitors were treated to a
Minnesota Twins baseball game--
which required considerable explana-
tion since they were not familiar with
the game.
On the second day of the group's stay,
each Swedish manager spent the morn-
ing and early afternoon with his or her
host manager. Most of these visits in-
tour of city hall and an oppor-
to meet and talk with city staff.
We all then met at the Mall of America
PUBLIC MANAGEMENT
Minnesota/Sweden EXchange ParticiPants
program:
PartiCipants from Minnesota
Bill B~sett
Madison Lake, Minnesota
Maurine Cirks
City Administrator
East Gull Lake, Minnesota
Mike Ericson
City Administrator
Hugo, Minnesota
Walt Fehst
City Manager
Columbia Heights, Minnesota
Richard Fursman
City Manager
Maplewood, Minnesota
Kandis Hanson
City Manager
Mound, Minnesota
Barry Johnson
City Administrator
Woodbury, Minnesota
Mike Johnson
City Administrator
Marshall, Minnesota
Larry Kruse
Baxter, Minnesota
Greg Lerud
City Manager
Milaca, Minnesota
Mark McNeill
City Administrator
Shakopee, Minnesota
Charlie Meyer
City Manager
St. Louis Park, Minnesota
Heidi Nelson
Assistant City Administrator
Ramsey, Minnesota
Dave Osberg
City Administrator
Hastings, Minnesota
Craig Waldron
City Administrator
Oakdale, Minnesota
Chuck Whiting
Administrative Coordinator
St. Croix County, Wisconsin ???
Mlchelle Wolfe
Assistant City Administrator
Cottage Grove, Minnesota
Heather Worthington
City Administrator
Falcon Heights, Minnesota
Participants from Sweden
Gert .~berg
Finance Director
Vellinga, Sweden
Jan-Inge Ahlfridh
City Manager
Ystad, Sweden
Stig Alund
Manager
Skane Association of Local Authorities
Lund, Sweden
Arne Bertilsson
City Manager
Horby, Sweden
Bengt Ericsson
City Manager
Svedala, Sweden
Agne Furingsten
City Manager
Kristianstad, Sweden
Bertil GOransson
Retired City Manager
GOran Norberg
Manager
Sormland Assodation of Local Authorities
Stockholm, Sweden
Lilian Persson
Executive Officer, International
Relations
Skane Association of Local
Authorities
Lund, Sweden
Miomir Serbinson
Price Waterhouse & Porter
and
Former City Manager
Staffanstorp, Sweden
-3559-
25
for the rest of the afternoon and ate din-
ner there. The following morning, we
traveled to the ICMA Conference in
Philadelphia.
G6ran Norberg, managing director
of the Association of Local Authorities
in the county of S6rmland, Sweden, es-
pecially enjoyed his day visiting the city
of Ramsey, Minnesota, with Heidi Nel-
son and City Administrator Jim Nor-
man. "I aTM very impressed with the way
Ramsey dealt with development and ex-
pansion of the city;' he states. "They had
effective ways to cooperate with builders
to speed up building of new homes. We
could learn from that in Sweden, where
our building process is far too long."
He also comments on Americans'
love for their cars, saying, "I think Ram-
seT could learn from us about integrat-
ing walking, cycling, and public trans-
portation in the housing and shopping
areas."
A MOst Memorable
Experience
an extremely rewarding experience,
both professionally and personally.
When asked about the program, every-
one said they felt it was highly success-
ful and would recommend it to other
managers. As Dave Osberg observes, "I
SeventY-Seven PerCent of Managers Have a Limit
On the Amount of Vacation Leave They Can Accrue
Classification
Cap on amount of vacation accumulated each year
Yes No
No. Reporting No. % of (A) No. % of (A)
2,435 1,872 76.9% 563 23.1%
Population Group
Over 1,000,000 8 6 75.0% 23 25.0%
500,000-1,000,000 14 11 78.6% 3 21.4%
250,000-499;999 33 26 78.8% 7 21.2%
100,000-249,999 111 78 70.3% 3 29.7%
50,000-99,999 189 142 75.1% 47 24.9%
25,000-49,999 336 261 77.7% 75 22.30/0
10,000-24,999 .619 479 77.4% 140 22.6%
2,000-9,999 487 379 77.8% 108 22.2%
2,500-4,999 402 314 78.1% 88 21.9%
Under 2,500 236 176 74.6% 60 25.4%
GeOgraphic Division
New England 199 141 70.9% 58 29.1%
Mid-Atlantic 259 198 76.4% 61 23.6%
East North-Central 459 352 76.7% 107 23.3%
West North-Central 313 263 84.0% 50 16.0%o
South Atlantic 464 367 79.1% 97 20.9%
East South;Central 77 64 83.1% 13 t6.9%
Wes~ South-Central 210 157 74.8% 53 25.2%
Mountatn 168 134 79.8% 34 20.2%
Pacific Coast 286 196 68.5% 90 31.5%
Source: Results of lCMA's 2002 Salary Survey. See Compensation 2003, published by the International
City/County M~nagement Association, Washington, D.C., for complete survey results. Also, visit the
Association's Web site at icma. orb
came back with a renewed spirit and en-
thusiasm for my job, both personally
~tnd profe.isionally." In Craig Waldron's
words, "It's one of those classic situa-
tions where you need to get out of the
office, experience other things, and
broaden your horizons."
G6ran Norberg states," I believe that
learning how other civil servants orga-
nize and solve their tasks really helps us
to find new and better solutions at
home." And Charlie Meyer adds, "We
tend to get stuck in our own 'mental
models' and always look at things in a
certain way. Exposing ourselves to new
ways of looking at things can give us the
incentive to keep working at issues that
seem unsolvable."
MCMA hopes to continue to offer
this program. Matt Fulton summarizes
his take on the exchange: "One of the
most invaluable things that I think peo-
ple took out of this [initiative] was the
lifelong relationships that have now
been established. Our intent is to con-
tinue to try to build on those relation-
ships." He adds, "We're also in the pro-
cess of developing what we're calling an
affiliate agreement with the Swedish city
managers' association, which will help
to formalize the program and keep up
an exchange of information."
In looking back, I think that our
night at Tivoli Gardens really repre-
sented what this program was all about.
As Meyer says, "When you can sit with
people laughing, telling jokes, and
singing each other's songs you feel
part of their national pride, and it goes a
little bit of the way toward addressing
the conflict that exists in the world." He
adds, "No, we didn't change the world,
but the only way we can ever accomplish
anything meaningful in terms of world
peace is when people get to know each
other and realize that we're not so differ-
ent. And that was accomplished:' ~
Mike Ericson is city administrator, Hugo,
Minnesota (mericson@ci.hugo.mn. us).
He served as president of the Minnesota
City/County Management Associdtion in
2001-2002.
26
-3560-
SEPTEMBER 2003
MEMORANDUM
To;
Kandis Hanson, City Manager
From:
James E. Kurtz, Chief of Police
Date:
September 4, 2003
Subject:
3207 Charles LN.
On August 27, 2003 we were approached by the Bernie Mackell family at 3207 Charles
Lane regarding the donation of their house to the police department for training. Mr.
Machell informed us that they were tearing the house down and building a new one on
the same lot. He felt the house would provide a great opportunity to train in because we
could break-in doors and windows. He informed us that his accountants were prepared to
grant him a tax deduction for the donation.
On September 3, 2003 I was contacted by Machell family attorney Bob Briggs. He
informed me that he was working with Bernie Machell on the house donation and stated
he wanted to issue a "quitclaim deed" to the city given us the property for two days. He
stated the city would then quitclaim the deed back to the Machell family on Monday,
September 8, 2003. I informed him that I would not be willing to enter into an agreement
without approval from you and the City Attorney. After speaking with you, I contacted
John Dean who agreed to call Briggs and follow-up on the matter.
On September 3, 2003, at approximately 4:00 pm I spoke with Mr. John Dean. Mr. Dean
informed me that he spoke with Briggs and that he approved the quitclaim deed, which
allowed the Machell's to donate the property to the city.
On September 3, 2003, I spoke with Steve Hanson from the League of Minnesota Cities.
As you are aware, they are the carries of the city's insurance. Mr. Hanson stated that if
the city were to receive the deed for the house, then the property would be declared "city
property". He further stated there would be no charges for liability insurance.
On September 4, 2003, I received the quitclaim deed from Bernie Machell donating the
property to the city. We plan to train in the house on Thursday evening and possible
Saturday morning.
On Monday, September 8, 2003, the property will be quitclaim deeded back to the
Machell family.
-3561 -
LAKE MINNETONKA C.ONSERVATiON DISTRICT
~.~the
1)
)rk
~S
mid
50%
e to
pu
-3562-
Board;
discuss
EXECUTIVE DIRECTOR NEWSLETTER, 8/26103, PAGE 2
Similar to 2002, the LMCD is working with the Lake Minnetonka Association (LMA) in 2003 on an inspection.
program atselected public accesses to keep zebra mussels and other exotic species out of Lake Minnetonka::'
These inspections commenced prior to the Memorial Day Holiday and are planned through the Labor Day Holiday.
The four public accessed selected in 2003 include: 1) Grays Bay Public Access, 2) Maxwell Bay Public Access, 3)
North Arm Bay Public Access, and 4) ,gpring Park Bay Public Access. The LMCD and LMA will be preparing a Final
Report for this project in 2003 for review by the respective Boards.
2003 Solar Li.qht Buoy Project: In 2002, the LMCD authorized the purchase of solar lights with "Save the Lake"
funds to be installed on top of existing red and green navigational buoys as a pilot project. Three areas of Lake
Minnetonka were chosen to participate in the 2002 pilot project. These included: 1) two channels east of the Arcola
Bridget, 2) the channel on the southeast side of SpraY Island on the Upper Lake, and 3) both end of the Narrows
and Arcola Bridge channels. The feedback from the 2002 pilot project was positive and the project was expanded in
2003 when the Board authorized the pumhase of additional solar lights this past March with "Save the Lake" funds.
Four additional areas to those in 2002 were chosen to participate in the 2003 project. These include: 1) the channel
near Cedar Point East on Wayzata Bay, 2) the channel on west Crystal Bay at the Coffee Bridge, 3) the channel on
northeast Cooks Bay at the Emerald Lake Bridge, and 4) the channel on the west side of Wawatasso Island on the
Upper Lake. Feedback from this project in 2003 continues to be encouraging and continuation of the project in 2004
is likely, with the possibility expanding it to other areas on Lake Minnetonka.
2004 LMCD Budqet: In May, staff prepared the draft 2004 LMCD Budget for review by the Board and the 14
member cities. In accordance with Minnesota State Statute 103B.635, the Board must on or before July 1 of each
year prepare and submit a detailed budget of the District's needs, for the next calendar year, to the governing body
of each municipality in the District with a statement of the proportion of the budget to be provided by each
municipality. The LMCD Board reviewed the draft 2004 LMCD Budget at its 5/28/03, 6/11/03, and 6/25/03 Regular
Board Meetings. A meeting with officials from the 14 member cities was coordinated in the LMCD office on Friday,
6/6/03, to receive input and comments on the draft 2004 LMCD Budget. The Board adopted the 2004 LMCD
Budget, with no overall levy increase compared to the 2003 LMCD Budget, at its 6/25/03 Regular Meeting and
forwarded a copy of it to the 14 member cities before the July 1st deadline. A modest increase in the overall levy to
the 14 member cities was originally considered by the Board; however, it was reduced when the Board recognized
the widespread economic challenges that the 14 member cities are facing.
On-_qoinq LicenSes/Permits: LMCD staff recently sent out renewal deicing installation applications for the 2003-
2004 season on Lake Minnetonka, with a due date of October 1st. These applications will be processed by staff
shortly after the October 1st deadline and a copy of the approved licenses will be forwarded to the appropriate
member city. In the next few months, staff will be send out renewal without change applications, for the 2004
season, for licensed multiple dock and DMA facilities. Further details of these on-going licenses/permits are
available at the LMCD office.
Web Page: The LMCD's WebPage address is: http://www.lmcd.org.
-3563-
REMINDER
The August 27th Board Meeting will be held at the
Deephaven City Hall.
20225 Cottagewood Road
DIRECTIONS:
From Minnetonka Blvd. and Hwy. 101: go west through the light at 101, on Minnetonka
Blvd., to the stop sign. Take a left at the stop sign. This continues to be Minnetonka
Blvd. Follow this almost 2 miles, and turn right, following sign for Minnetonka Blvd.
Go straight until Mtka. Blvd. veers left, and Cottagewood Rd. goes slightly right. Follow
Cottagewood Rd. about 100 feet and turn left into the parking lot.
From Excelsior/Hwy 7: Go east on Hwy. 7 to Vine Hill Rd. Turn Left on Vine Hill Rd.
Follow this past the Deephaven Elementary School. Turn left after the school on
Minnetonka Blvd. Go straight until Mtka. Blvd. veers left, and Cottagewood Rd. goes
slightly right. Follow Cottagewood Rd. about 100 feet and turn left into the parking lot.
~278 .r'-'¢;
lSD ¢276
DEl
~HAVEN
¢200,
3564
LAKE MINNETONKA CONSERVATION DISTRICT
BOARD OF DIRECTORS
AGENDA
7:00 PM, Wednesday, August 27, 2003
Deephaven City Hall
CALL'TO ORDER
ROLL CALL
CHAIR ANNOUNCEMENTS, Chair Foster
· Discussion of September Board Meeting Schedule
READING OF MINUTES- 7/23/03 LMCD Regular Board Meeting
PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.)
CONSENT AGENDA- Consent agenda items identified with a (*) will be approved in
one motion unless a Board member requests discussion of any item, in which case the
item will be removed from the consent agenda.
PUBLIC HEARINGS
· Richard Athmann and Robyn Kern, variance application to amend a previously
approved variance from LMCD Code for side setbacks and an adjusted dock use
area at 1701 Baywood Lane.
1. Public Hearing
2. Discussion and/or Consideration
Wayzata Yacht Club (Site 2), new multiple dock license application for changes to
construction details for jib crane to be installed on finger west of BSU #16. 1. Public Hearing
2. Discussion and/or Consideration
1. LAKE USE & RECREATION
A) (*) Hennepin County Sheriffs OffiCe Water Patrol Significant Activity Report;
B) Cruiser's Cove, review of pUblic safety plans to better manage and control the
area:
· Discussion of three proposed plans for a shoreline buffer zone.
· Resolution 106, consideration of draft Resolution to change the public safety
lanes on Cruiser's Cove of Big Island (handout).
Ordinance Amendment, first reading of an ordinance to establish a "Quiet
Waters" area on Lake Minnetonka at Cruiser's Cove of Big Island, adding
new Subdivision 16 to LMCD Code Section 3.02 (handout);
· Other discussion.
-3565-
C) Additional Business;
2. WATER STRUCTURES
3. FINANCIAL
A) Audit of vouchers (8/1/03 - 8/15/03) & (8/16/03 - 8/30/03);
B) (*) July financial summary and balance sheet;
C) Additional Business;
4. EWM/EXOTICS TASK FORCE
A) (*) Minutes frOm the 7/11/03 EWM/Exotics Task Force Meeting;
B) 7/11/03 EWM/Exotics Task Force Meeting Report;
C) Additional Business;
5. ADMINISTRATION
6. SAVE THE LAKE
7. EXECUTIVE DIRECTOR REPORT
8. OLD BUSINESS
9. NEW BUSINESS
10.ADJOURNMENT
-3566-
DRAFT
LAKE MINNETONKA CONSERVATION DISTRICT
BOARD OF DIRECTORS
7:00 PM, Wednesday, July 23, 2003
Tonka Bay City Hall
CALL TO ORDER
Foster called the meeting to order at 7:00 p.m.
ROLL CALL
Members present: Bert Foster, Deephaven; Craig Nelson, Spring Park; Lili McMillan, Orono; Tom Skramstad,
Shorewood; Doug Babcock, Tonka Bay; Orv Burma, Mound; Miles Canning, Greenwood; Paul Knudsen,
Minnetrista; Pete Nelson, Victoria; Herb Suerth, Woodland. Also present: Charles LeFevere, LMCD Counsel;
Gte§ Nybeck, Executive Director; Judd Harper, Administrative Technician.
Members absent: Bob Ambrose, Wayzata; Tom Seuntjens, Minnetonka Beach; Jose Valdesuso, Excelsior; Katy
Van Hercke, Minnetonka.
CHAIR ANNOUNCEMENTS, Chair Foster
Foster stated that Nybeck had requested discussion by the Board on the Regular Meeting schedule for the month
of August,
Nybeck stated that the Regular Board Meetings scheduled in August were on 8/13/03 and 8/27/03. He
recommended that only of these schedule meetings was necessary for action items by the Board and he
recommended that the Board should consider cancelling one of them, preferably 8/13/03.
The Board discussed this recommendation and the consensus was to cancel 8/13/03 Regular Board Meeting and
to hold the scheduled 8/27/03 Regular Board Meeting.
READING OF MINUTES. 6/25/03 LMCD Regular Board Meeting
MOTION: Babcock moved, McMillan seconded to approve the minutes from the 6~25~03 Regular Board Meeting
as submitted.
VOTE: Motion carded unanimously.
PUBLIC COMMENTS. Persons in attendance on subjects not on the agenda.
There were no comments from the public on subjects not on the agenda.
LAKE USE & RECREATION
A. Hennepin County Sheriff's Office Water Patrol, briefing on July 4th incident involving the death of a
boater.
Foster stated that he invited Capt. Bill Chandler and Lt, Brian Johnson from the Hennepin County Sheriff's
-3567-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 2
Office Water Patrol to update the District on the recent July 4th boating incident and to make
recommendations on possible changes to impreve the rafting activities that occur at Cruiser's Cove. He
welcomed them on behalf of the Board. .A
Capt. Chandler made the following comments:
The incident was under investigation so he indicated that he could not comment th at much on the
details. However, he indicated that he would go over some details and he would summarize the
public safety recommendations that have been identified by the Water Patrol as a result of this
incident.
· A call was received on Lake Minnetonka on July 4th at Cruiser's Cove on Big Island. Because of
the history of the Cruiser's Cove area, especially on the July 4th holiday, patrol districts that day
were pre-planned so that the response time was preactive. A Deputy was on the scene within one
minute from when the call was received. When the Deputy arrived at Cruiser's Cove, it was
difficult to pin point the exact location and he indicated that the Deputy was confronted with some
of the worst behavior that Chandler has experienced in his tenure of working on Lake Minnetonka
over the past 21 years.
· Boaters and swimmers refused to get out of the way, verbal abuse was directed at the Deputies
on the scene, debris was thrown at the Deputies, people were climbing in the Deputy boats and in
one incident a Deputy was nearly pushed out of the boat, and there were a number of fights
breaking out in the area. The activities that occurred that day were boat rage activities and he
indicated that the Water Patrol had not had boat rage activities in the past pregress to what
happened on the 4th of July.
· The Deputies on the scene clearly communicated to the public that the boaters needed to clear
the area to allow the Water Patrol to search for the body and conduct its investigation. Nearly 90
minutes were spent clearing the area because boaters either refused to move or were too
intoxicated to move their boats. Because of this behavior, it made it difficult for the Water Patrol to
perform its job.
· He stated that he believed the incident that occurred on July 4th was an isolated incident because
this has not happened to this extent on Lake Minnetonka in the past. In fact, he was not aware of
another boat rage incident on another body of Water in Minnesota in the past that has resulted in
death or great bodily harm.
· He stated that he hoped this incident was the first and last on Lake Minnetonka. There is a need
for high prefile law enforcement on Lake Minnetonka, especially in the Cruiser's Cove area. The
activity requiring Water Patrel assistance on Lake Minnetonka is down, attributing this a vadety of
sources. He believed that the activity is down because of the collective efforts of the Water Patrol,
the District, and the member cities. However, he expressed concem that parts of Lake
Minnetonka, including Cruiser's Cove, may lose control if these efforts are let up in the future.
· In 2000, safety lanes were established in Cruiser's Cove through a collective effort through the
Distdct to allow the Water Patrol access within the activities. These safety lanes were in place
and working on July 4th; however, the activity moved out of the area where these lanes are
established. He encouraged continued boating education of the public; however, he questioned
whether further education would have prevented this incident. He believed that the boaters
involved in the incident could not detach themselves from the rage.
· He proposed three changes to improve the situation at Cruiser's Cove. First, add two additional
public safety lanes to increase the number from of lanes two to four. Second, a shoreline buffer
zone should be established that would prohibit rafting within a distance to be determined from the
shoreline. Third, the Cruiser's Cove area should be established as a "Quiet-Water" area and
buoyed accordingly.
-3568-
Lake Minnetonka Conservation District
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July 23, 2003
Page 3
· He recognized that the three proposed changes have issues because they would cost money. He
believed that Lake Minnetonka is fortunate to have the staffing and coverage that it has had
historically, estimating that 75 percent of the Water Patrol's time is spent on Lake fvlinnetonka.
Hennepin County Commissioners Koblick and Steele worked hard to have the two additional
Deputies on Lake Uinnetonka during the summer in 2003; however, this is not included in the
Hennepin County or Sheriffs budgets in 2004. If there is a desire to have additional seasonal
coverage of these Deputies in 2004 above and beyond normal coverage, he encouraged that
there is a need to forward this to the Hennepin County Commissioners. The purchase of the
buoys and the annual installation and removal of them is costly and is not in the Hennepin County
budget for 2003 and beyond.
· Although these public safety lanes would not have prevented the July 4th incident, it would have
allowed better access into the area. The incident is still pending and the case will be forwarded to
the Hennepin County Attomey's Office for review in the near future.
· He entertained questions or comments from the Board.
Foster asked if the Water Patrol had the adequate speakers on their boats to allow the Deputies to
communicate with the public in these types of emergency situations. If not, it might be possible to
purchase this type of equipment from the "Save the Lake" fund.
Chandler stated that the Water Patrol boats are equipped for full emergency situations. This includes a
p.a. system and a siren package. There has been some limited feedback from the July 4th incident that
some members of the public might not have been aware of the instructions from the Deputies. The public
was notified through this equipment by the Deputies of the instructions and the Deputies eventually went
boat to boat, adding that some boats still refused to move. He did not believe that the lack of cooperation
from the public was the result of inadequate equipment on the Water Patrol boats.
Foster stated that he would like to have the State of Minnesota adopt the concept of a boat operator's
license. This has been opposed in the past by some interest groups, especially resort owners, and he
believed that legislation adopted in the State of Connecticut could be modeled that would address the
concerns of all parties, including the resort owners. He believed that mandatory licensing for watercraft
operators of residents in the State of Minnesota would go a long way to improving safety and courtesy.
Chandler stated that there are a number of models that could investigated into because there are 12 to 14
other states that have educational license requirements for watercraft operators. He believed that the
Shedffs Office Water Patrol would be interested to look further into this topic with other interested parties.
Pete Nelson asked Chandler if the request for two additional public safety lanes and a shoreline buffer
zone was a formal recommendation for the Board to consider. If so, when would the Water Patrol like
these changes to take place.
Chandler stated that the recommended changes were a formal request and that he would like to have
them in place by the 2004 boating season
Foster stated that the existing public safety lanes in Cruiser's Cove were reviewed by a Task Force with
recommendations made to the Board. He believed that it would make sense to re-assemble a similar
Task Force and make recommendations to the Board foi the 2004 boating season.
Knudsen asked if there are always two Deputies in each Water Patrol boat.
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Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 4
Chandler stated that the general rule of the Water Patrol is to have two Deputies in each boat. This
generally would included one licensed Deputy and an .additional licensed special deputy. In the July 4th
incident, the first watercraft to reach the scene had only a licensed deputy in it. In holiday situations, the
Water Patro! attempts to get as many watercraft out on the lake as possible and this some times results in
boats only having one Deputy in it.
Pete Nelson asked how many special deputies were on duty when the July 4th incident occurred.
Chandler estimated that eight to 10 special deputies were on duty.
Foster asked if there were comments from the public on this agenda item.
Spring Park Mayor Jerry Rockvam stated that he assembled a recent .meeting of the i4 mayors from the
Lake Minnetonka communities. All 14 mayors and/or a representative of each city were in attendance at
this meet ng A number of these mayors were in attendance at this meeting. They included: Tom
Anderson- City of Deephaven, Jim Gasch- City of Minnetonka Beach, Jean Stark- City of Woodland,
Barbara Peterson- City of Orono, Lynn Johnson- City of EXcelsior, Doug Kellerr- City of Tonka Bay, and
Woody Love- City of Shorewood. One of the reasons why he coordinated the Mayors meeting was
because of the phone calls he had received from both of his constituents and customers regarding the
July 4th incident,.. Lt, Johnson made a similar presentat on at this meeting~with 13 of the~.t 4.mayors or
representatives.in.support of the three proposals'made by .the Water Patrol. · He recommended that these
proposals be imp emented in the2003 season rather than the 2004 season, with the purchase of the
buoys from: the, "Save the Lake,' fund. One question is whether these buoys can be~.purchased for the
2003 season; however, .the consensus was to see action by. the: District on this in the next few 'weeks.
He concluded by stating that he supported the. idea of further educating the boating public in the future,
includin,.g .mandatory boat licens ngand other publ c.re at o. ns efforts. .:~.- -~,
M~,iGa~del Jabb°ur, 985 T, onkawaR°ad, stated:that the. comment from the Water:Patrol that the
stat.isti.c.~ on Lake M nnetonka going, down is factua y correct, .However, he beiieve what is going on now
tha! is ~.,r.,Ong is :a m~ph larger problem that what has gene histodca y on LakeMinnetonka,, The same
day that the incident happened at Cruiser's Cove, an elderly couple had their boat sunk near the Excelsior
fireworksdisp ay becau,.se atarge-cmiser bo.at made too argo of.waves,..,..-The:capab lities of the special
deputies:were limited somewhat, n. re~ent years a.~..d, he suggested that'the,,local firefighte~boats could be
park,.cl..at.marinaS on the lake:to assist in emerge~c es.~= He encouraged that {he.:District should be
proactive rather than reactive and that the Board should consider implementing management tools
out[ined~ n, theM, anagernent Plan for ga.k~.. M r~net~nkabe~ause he, believed~some density trigger points
have b~en exceeded,. Hebel eyed that .the.quali~:,,of.I fe.is being impacted on .L~ke, M nnetonka and he
encouraged action rather than further task forces or sub-committees.~. ... .~:.~
Mr..,J...pd:d~,Mowry~,~5 Lakevie, w Avenue, stated, that he had :similar~comments to,~labboui'. 'He stated that
he has lived on Lake Minnetonka for over 40 years and has:observed a'decrease in civility, He
suggested that he believed density on Lake Minnetonka has increased over the past 40 years from his
standpoint and he would like comments from the ,Water Patrol.on this, ~.
Chandler stated ~at the 2000Boat Density Survey conducted indicates that there are approximately
2,200 boats during peak periods on a 14,000 plus acre surface of Lake Minnetonka. There has been
previous discussion on the need for a correlation,betweenincreased law enforcement when boat density
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Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 5
on Lake Minnetonkaincreases. The WaterPatrola~emptstostaffthe m~ority ofit Deputies dudng peak
periods.
Babcock stated that the District addresses density on Lake Minentonka by conducting three surveys.
These include a Lake Minentonka shoreline inventory, an active boat density, and a user attitude survey.
The statistics from these survey do not show a dramatic statistical increase in the number of watercraft
using Lake Minentonka during peak pedods, noting that this could be attributed to the number of
reference points. However, the number of boats being stored on the shoreline has been on the increase
in recent years.
Ms. Jeannie Bowers, 21600 Fairview Street, stated that she was a former city council member in
Greenwood. She attended the recent Mayors meeting and she supported the vote of the mayors to
support the proposed changes recommended by the Water Patrol. She believed that the Board members
are an extension of the member cities that they represent and she encouraged them to listen to the needs
of the member cities. She recommended that the Board take into consideration the safety, health, and
welfare of the residents and citizens that use Lake Minnetonka. She suggested that funding of the
harvesting program could be partially or fully funded by the MCWD and that these funds could be
redirected for the changes recommended by the Water Patrol.
Foster stated that he had recently proposed funding of the harvesting program to the MCWD and that it
was under consideration.
Shorewood Mayor Woody Love stated that he understood a lot of time and effort has been put in to
protect Lake Minnetonka. The value of Lake Minnetonka as a recreational resource is enormous and he
commended the efforts of the Water Patrol. He agreed with the comments from Chandler that the July
4th incident was isolated; however, the same civility issues that occurred at Cruiser's Cove were present
in Excelsior Bay for the fireworks display and only three special deputies were present to keep crowds at
bay. He believed that it was essential to maintain a tone of civility on Lake Minentonka by: 1) installing
the two extra public safety lanes as recommended by Chandler, and 2) to work with the Commissioners to
maintain the funding for the two extra Deputies for five months by Hennepin County. He concurred that
the density on Lake Minnetonka has not increased significantly over the years, however, the size of these
watercraft has increased significantly. A long-term solution to deal with civility issues on Lake Minnetonka
would be a boat operator's permit.
Tonka Bay Mayor Doug Keller stated that he generally agreed with the previous comments made during
the public .hearing. The added safety lanes as recommended by the Water Patrol is a good idea to deal
with issues at Cruiser's Cove and he encouraged the Board to act on this recommendation relatively
soon.
Mr. Dick Osgood, Executive Director for the Lake Minnetonka Association (LMA), stated that the LMA
supported increased law enforcement and other measures in the CruiseCs Cove area, Although the
statistics do not indicate an upwards trend for citations and increased watercraft during peak periods,
some of the most frequently received calls he receives from residents involves rude behavior and the
general lack of civility.
Orono Mayor Barbara Peterson asked the Board to consi;:ler the request by the Water Patrol at this
meeting rather than putting it off to a future Board Meeting because of the importance of the issue. She
indicated that the Orono City Council was in full support of the Water Patrol recommendation.
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Lake Minnetonka Conservation District
Regular Board Meeting
JuDy 23, 2003
Page 6
Mr. Mike Brandt, Hennepin County Environmental Services, stated that Hennepin County has the
responsibility of placing and removing the buoys on Lake Minnetonka annually. When the public safety
lanes were originally installed in 2000 in Cruiser's Cove, the buoys were purchased by the MN DNR and
Hennepin County assumed the responsibility of placing and removing these buoys. There are currently
11 unused buoys that could be used to establish a third public safety lanes in Cruiser's Cove.
Babcock stated that he recalled a third public safety lane was originally installed in 2000; however, it was
cut back to two recently after Hennepin County discussed the idea of reducing the number of buoys
installed annually on Lake Minnetonka. He supported the idea of re-establishing the third public safety
lane provided Hennepin County agrees to absorb the cost of placing and removing these buoys. He
believed there is still a need to discuss where to establish the third and possible fourth public safety lanes.
Although the need for added public safety lanes is justified, he questioned whether these added lanes
would have prevented the July 4th incident because he believed there are other problems occurring in
Cruiser's Cove that need to be addressed. Some of these problems include discourteous boating and
improper behavior, citing boats not moving at the request of the Water Patrol as an example.
Foster questioned how many buoys it takes to make a public safety lane.
Brandt stated that originally it took 12 buoys to make a public safety lane in 2000; however, that was
reduced to 10 buoys after it was determined that the buoys installed in 2000 were too close together.
Foster stated that that if buoys are to ordered for the recommendation made by the Water Patrol, how
long it would take for buoys to be delivered to Lake Minnetonka.
Brandt estimated that these buoys would be delivered to Lake Minnetonka sometime around Labor Day.
Foster stated that he believed it would make sense for staff to work with the Water Patrol in the next few
days to establish a third public safety lane in Cruiser's Cove.
Craig Nelson asked if buoys from other areas of Lake Minnetonka could be re-located to the Cruiser's
Cove area for 2003 to allow the proper ordedng of buoys for 2004 and beyond.
Brandt stated that would be difficult because the public safety lanes are delineated with special 14" white,
controlled area can buoys that state "NO ANCHORING BETWEEN BUOYS". He believed that Hennepin
County had a few "MINIMUM WAKE" buoys that could be used if the Board decided to establish the
Cruiser's Cove area as "Quiet Waters".
Shorewood Mayor Love stated that he believed the recommendation of the Water Patrol was a solid
recommendation and not a knee-jerk reaction to the July 4th incident. He recommendation that the Board
consider adopting a Resolution at this meeting that would indicate the intention of the District to install the
buoys as recommended by the Water Patrol by the Labor Day holiday.
Pete Nelson stated that if only one additional public safety lane was added in 2003, should it be a third
lane similar to the other two or a shoreline buffer zone.
Chandler recommended a third public safety lane.
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Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 7
MOTION: Craig Nelson moved, McMillan seconded to install two additional public safety lanes and to
establish a shoreline buffer zone at Cruiser's Cove as recommended by the Hennepin County
Sheriff's Office Water Patrol.
Foster stated that he believed it would beneficial to have a timeline established with the motion. He
believed that the third public safety lane could be finalized in the next few days by staff from the Water
Patrol and the Distdct and to allow staff to work out the details on the fourth public safety lane and the
shoreline buffer zone.
Craig Nelson stated that he would like to see an effort to have the two additional public safety lanes and
the shoreline buffer zone implemented as soon as Possible, preferably before the Labor Day holiday.
Burma stated that he supported thetwo additional public safety lanes at this time. However, he indicated
that he would like to have further discuss On of the necessary details of the shoreline buffer zone, such as
the diStance from shore and Whether anchoring ropes could cross the buffer zone, prior to the Board
making a decision on this.
Craig Nelson stated that he understood there are further details to be worked out by staff on the public
safety lanes and shoreline buffer zone.
Foster recognized that it Was imperative to move forward on the public safety lanes recommended by the
Water Patrol. There was significant discussion and testimony received from the public and Task Force in
2000 relating to the public safety lanes and he believed that this was helpful. He stated that he had
questions regarding the proposed shoreline buffer zone and he believed it would be beneficial to get input
from the public and task Force on this concept, targeting the 2004 boating season as a logical time to
implement it. He asked Craig NelSon and McMillan if they would be willing to split the motion so that
there would be a vote separately on the two additional public safety lanes and the shoreline buffer zone.
Craig Nelson stated that there was a letter from a resident in the Cruiser's Cove area that has expressed
concern about boaters anchoring near their Shore and even treSpassing on their pr°perty, He indicated
that he WOuld 'not be troubled with the splitting of the motion aS r'eC°mr~ended'bY F°ster.
McMillan stated that she would like to establish a th rd public safety lane with theremaining buoys as
soOi~' as p~ssibie and rb:schesu!e the 8/13)03 Regu!~r.~Oard Meeting that i~s been Cancel ed to further
discuss this matter. Both shOrt-te¢~ and long,term sOiutions to address Cruiser'S Cove could be
discussed at this meet ng
BabcoCk Stated th'at he had cOncerns about the shore ne buffer zone for 2003 because it is sUch a large
task to resolve the logistics for the Current boating seaSOn.
Foster statbd that wiih no objectiOns, he would SPlit 'the °:qginal motion., nto two, There were. no
objections from the Board. The first motion would be to direct staff to work with the Water Patrol to
implement a plan that consists of four, public safety lanes as soon possible.
LeFevere Stated that the Board finalizes the. p acement of the four public safety lanes through a
ResolutiOn. The details of this draft ResolUtiOn could be tlnalized by staff and brought back for. review by
the Board at the next Regular Board Meeting, The third pUblic safety lane possibly could be re-
established and installed yet this boating season by referring back to the Resolution adopted by the Board
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Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page8
in 2000'. The Board at the next' meeting cOuld bring the fourth public safety lane, with proper
documentation on the loCation of the safety lanes, back for review.
BabcoCk recommended that the third public safety lane could be installed as soon as possible based on
the Resolution adopted in 2000 and that a second draft Resolution for the fourth public safety lane could
be brought back for review by the Board at the 8/27/03 Regular Board Meeting.
Foster suggested that language should be added to the first motion to direct staff to order a sufficient
number of buoys to establish a fourth public safety lane for 2003. Possible funding sources for these
buoys would inClude "Save the Lake"'' Budget or contingencY from the Administrative Budget. He clarified
that the first motion to be considered by the Board was to:' 1) direct staff to work with the Water Patrol to
implement the third public safety lane at Cruiser's Cove utilizing the adopted 2000 Resolution, 2) direct
staff to order a sufficient nUmber of buOys to establish a foudh Public safety lane at Cruiser's Cove for the
2003 season, and 3) to direct staff to.prepare details on the location of the fourth public safety lane,
through a new Resolution, for review at the 8/27/03 Regular Board Meeting.
VOTE: Motion carded unanimously.
Mayor Rockvam expressed his concern that the Board was not dealing with the recommendation by the
Water Patrol to establish a shoreline buffer zone. He believed that there is a sedous public safety
concem raised by the Water Patrol at Cruiser's Cove and he did not want a Task Force to delay the
process for an extended period of time.
Babcock stated that he would like fUrther input from the Water Patrol, the City of Or0no, the Board, and
the general pUblic on the logistics of the proPOsed shoreline buffer zone.
Fo~ter questioned Whether a public hearing should be conducted f°r this.
Burma clarified that he was not oppbsed to establishing'a bUffer zone in Cruiser's Cove; however, he
woUld like'further detaiis on:the:iOgistiCs priOr to vOting' on iti This was a con'em that Mound Mayor Pat
Meisel expressed at the r%ent M~Y°re'meeting,
Foster stated that the'~e was significani testimony received from th(~Public in 2000 that resulted in a
chang~in cohfi~u'rati°n of::t~e ~u'bliC safety lanes thai WaS ben~ci~iI "
Babcock stated that he appreciated the efforts of the member cities to .partiCipate in iSsue such as this;
however, he recommended that a representative from the District should be invited to. similar ~Uayor
meetihgs in tlie future.". He als0' stated that' COntinued fUndihg t~'make th sa I°ng-ierm Sustaii-~ab e
project, including increased law enforcement, W0~i~i"i%ibdethe'i~articip~ii~n of'the l~"rnember~¢ities.
This participation could include the assistance to lobby Hennepin County for full fundipg, of the two
additi0tial fUll,time Deputies in thefuium.
Craig Nelson stated that[lie SeCOnd motion that has not been voted on by the Board was that a shoreline
buffer zone at Cruiser's Cove was the intention of the Board as recommended.by the Water Patrol. It
does not include the logistics of hOW it will bb done a~d where i(.Will, put. However, it communicates to the
pUblic that'thiS is the intention of the Board. He requeSted a vote bY the BOard on this motion.
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Lake Minnetonka Conservation District
Regular Board Meeting
JUly 23, 2003
Page 9
Woodland Mayor Jean Stark reminded the Board that the Water Patrol has already made a
recommendation to establiSh a buffer zone in Cruiser's CoVe.
VOTE: Ayes (8), Nayes (1, Burma); motion carried.
Canning arrived at 8:22 P.m.
LeFevere stated that the Board should consider adopting a resolution for third public safety lane as
approved by the Board. He reviewed the following draft resolution for conSideration by the Board:
RESOLUTION NO.
A RESOLUTION DESIGNATING
PUBLIC SAFETY LANES
WHEREAS, LMCD Code Section 3.01, Subd. 25 authorizes the Board to establish public safety lanes by
resolution; and
WHEREAS, the Board has determined that additional public safety lanes Should be established as
hereinafter set forth;
NOW THEREFORE BE IT REOSLVED by the Board of DireCtors of the Lake Minnetonka Conservation
District that public safety laneS on the north side of Big Island as shown on the attached plan, which is
hereby made a part of this Resolution, are hereby established.
AND BE IT FURTHER RESOLVED that staff is directed to take such steps aSare necessary to effect the
plaoing,of buoys or' markers delineating such Public safety lanes.
AdOpted by the Lake' Minnetonka conservation District the: 23rd daY of July, 2003.
Albert O. Foster,, Chair
ATTEST:
Lili McMillan,, SeCteta~
LeFeve~ stated that there was not a plan available at this meeting to attach to ti:ie reso ution; however,
the B6ard~ c°u!d U§ethe Pan attached to the reSolUtiOn adopted in 2000.
MOTION: Craig Nelson moved, Knudsen seconded to adopt the Resolution.read by LeFevere with the
plan attached to the resolution adopted in 2000.
VOTE: Motion carried unanimously.
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Lake Minnetonka Conservation District
Regular Board Meeting
JUly 23, 2003
Page lO
Nybeck suggested that the Board should discuss the recommendation from the Water Patrol to make the
Cruiser's Cove area "QUiet-Waters". If that were the desire of the Board, it would require an ordinance
amendment and LeFevere could be directed to prepare this for the 8/27/03 Regular Board Meeting.
MOTION: Babcock moved, Skramstad seconded to direct LeFevere to prepare an ordinance establishing
Cruiser's Cove as a "Quiet-Waters" area.
VOTE: Motion carded unanimously,
The meeting wasrecessed at 8:30 p.m. and re-convened at 8:39 p.m.
B. Three Rivers Park District, 2002 Water Quality of Lake Minnetonka. Report presented by John Baden.
Foster stated that John Baden from the Three Rivers Park District was in attendance to review the 2002
Water Quality of Lake Minnetonka Report. He welcomed Barren on behalf of the Board and asked for an
overview.
Baden
·
made the following comments:
Similar to recent.years, 16 bays were monitored in 2002 on Lake Minnetonka. There were a few
disturbing trends relating to water quality on Lake Minnetonka, noting that water quality in general
was the poorest it has been since this program was initiated eight years ago.
· Of the 16 bays sampled, only six of them met the water quality standard established to be fully
supportive of swimming. He attributed this primarily to the high amount of rainfall and runoff that
occurred in 2002.
· He reviewed charts that summarized phosphorus contents, Chlorophyll A, and secchi disk
readings for the 16 bays monitored on Lake Mi.nnetonka in 2002. Some of the historically high
quality water bays on Lake Minnet0nka,~iting Wayzata and St. Albans .Bays as examples, had
elevated phosphorous concentrations. The historical poor water quality bays on Lake Uinnetonka,
citing HalstedsBay as an example, .had water quality similar to past years. He reminded the
Board that poor water quality in these bays is generally impacted by internal loading. However,
this was not a large factor in Halsteds Bay because internal loading did not occur until sometime in
late August. Intemal loading, in Jennings Bay did occur a few times pdor to late August in 2002
and this resulted in the poorest water quality for this bay in the eight years of this monitoring
program. In general, he believed that the higher water quality on the east-end of the lake is
impacted by runoff and internal loading impacts the poorer water quality bays on the west-end of
the lake.
· He updated the Board on the phosphorous-free fedilizer legislation that was passed by the state
legislature in 2002, noting that it takes effect in 2004. Similar legislation is being considered in the
State of New York and the Scotts Company is currently considering preparing ph0s. pbcrous-free
fertilizer. Three Rivers Park District has been sampling three wat~heds in ~aPie'~i~e
compared to three wat~mheds i.n Plymouth. He,pointed o~!.t that Map!e:Gmye do~s, not have an
ordinance that has,r.,e:st~iCt~gn.$ Pn fe~ :ize! W,th~'~i:iosPho~aS ~d th;at~Piy~outh'd~s.i He reported
that the amount of runoff of phbspho'tous into the three Watersheds in Maple Grove was much
greater~than~in Plymouth, He attributed this statistical difference to the phosphorous.free fertilizer
ordidance that'is in place in Piym0uth. "'"' ......
· He thanked the Board for their support on the Lake uinnetonka water quality sampling project and
entedained questions or comments from the Board,
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Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 11
Foster thanked Baden on behalf of the Board of Directors and informed the public that a copy of the 2002
Water Quality of Lake Minnetonka Report was available in the District office.
C. Additional Business.
There was no additional business.
WATER STRUCTURES
A, Concept Landscaping, consideration of draft Findings of Fact and Order for approval of a side setback
variance application at 5331, 5341, and 5351 Three Points Bivd,
Foster introduced the agenda item and asked for questions or comments on it.
MOTION: McMillan moved, Craig Nelson seconded to approve the Findings of Fact and Order for
approval of the Concept Landscaping side setback variance application at 5331, 5341, and
5351 Three Points Blvd.
VOTE: Motion carried unanimously.
Howards Point Marina, consideration of draft Findings of Fact and Order for denial of"off-lake" storage
facility license application to license 37 "off-lake" storage Boat Storage Units (BSU's) under LMCD Code
Section 2,045.
MOTION: Babcock moved, Knudsen seconded to approve the Findings of Fact and Order for denial of
the Howards Point Marina "off-lake" storage facility license application to license 37 "off-lake"
storage BSU's under LMCD Code Section 2.045.
VOTE: Motion carried unanimously,
C. Additional Business.
There was no additional business.
PUBLIC HEARINGS
· City of Deephaven, new multiple dock and specia density license applications for 246 Boat Storage Units
(BSU's) on 4,639' of non-continuous shoreline.
Foster opened the public hearing at 9:05 p.m. and asked for background from Nybeck.
Nybeck made the following comments:
· In early March, new multi pie dock. license and special density license applications were submitted by
the City of Dee phaven for consideration by the Board. These applications were not forwarded to the
Board because a signed waiver of consent was received from Deephaven to the 60-day rule required
by state law for the District to process complete applications. Revised new multiple dock license and
special density license applications were received from the Deephaven on 6/27/03. The applicant has
proposed to increase the number of BSU's south of the beach at St. Louis Bay, from 16 to 40, by
-3577-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 12
replacing the 16 existing shore spaces with a new dock facility that would consist of 31 dock slips and
three slides that would accommodate an additional nine boats.
· Code Section 2.03, subd. 7 requires a new multiple dock license application when there is any change
· in slip size, ownership, width, height or location of a structure under this section. Code Section 2.02,
subd. 1 prohibits new docks constructed or established after 5/3/78 that provide space for or are used
for docking a greater number of watercraft than the one for each 50' of continuous shoreline in
existence on 5/2/78, unless authorized to do so by a special density license. The propOsed change
requires a new multiple dock and special density licenses, both requiring a public hearing.. Deephaven
is currently approved for 222 BSU's on 4,639' of non-continuous shoreline. With an overall BSu
density of approximately 1:22', the facility does not comply with the 1:50' General Rule. ~ HOwever, the
facility is considered a legal, conforming facility because they have an approVed speCial density
license.
· Code Section 2.01, subd. 1 prohibits a person from using any area of the Lake outSide an authorized
dock use area for docking and storage of watercraft. He pointed out that the proposed dock and boat
storage would be contained within the authorized dock use area, with one poSsible eXception. The
dock that is currently being used by the Minnetonka Yacht Club woUld slightly encroach into the side
setback area and should be clarified by the applicant.
· Code Section 2.05, subd. 2 requires a special density license for watercraft storage density that
exceeds the 1:50' General Rule. The Code allows applications for the docking of watercraft up to a
density of 1:10', provided the increased density provides public benefit through approved public
amenities. The Proposed increase in BSU's WOUld require the applicant tO haVe a minimum of 77
public amenity points approved by the BOard. The public amenity points proposed by tl-ie applicant
were compared to the public amenities approved in the 3/14/01 special density licenSe order. Nybeck
stated that he was comfortable with 73 public amenity points proposed by the applicant and that there
were additional public amenities proposed by the appliCant that medt further Board'Cii~Ca~ion.
· There are subjective review criteda in COde Sections 2.03 and 2.05 that allows the Board to exercise
discretion in granting or denying the proposed applications. One of these criteda states "Whether the
proposed facility is compatible with the LMCD watercraft density classification criteria". The 1973 Boat
Density Policy Statement has been previously established to assist in determining whether a "Critical"
designation for any area of Lake Uinnetonka shall be deemed. Warning conditions used as indices to
determine this include: 1) storage of boats in excess of one per acre of water, 2) stOrage Of boats in
excess of 100 boats per mile of shoreline, 3) official "in-use" counts showing Lake usage in excess of
one boat per 20 acres water on three or more official count day§'in one season, 4)exi§tence of
multiple facilities (docks, moodng areas, launching facilities, or dry land storage)of boats in the area,
and 5) areas with a crowding potential of 60 or less should be considered for de~ig~:atib~ as '
."Crowded,' and 60 to t00 as "Potentially CroWded~'. 'If ~ahY one 0f these in'diCes.~iS~aCtUally' met by
usage of the Lake, the Executive Director shall assign a ~"PotentialiY Cfiticai' designation and the
Board notified. If two of these indices are met, the Board shall designate the area as "Critical" and
referred for remedial action, staff has ar~alyzed St. LOUis Bay utilizihg thbSe five indices a~! NYbeck
indicated that actual use exceeded all five indices.
· The Environmental Quality Board (EQB) requires a mandatory Environ"~en[al ASsessment Worksheet
(~.~W) when do'¢k structure and manetivering sp~ice~e×Ceed 20,000 S~uare febt. A:mandatbry EAW
was prepared in 1990 for the City of Deephaven and the EQB doeS n~t require an additional
mandatory EAW until there is an additional 20,000' square feet of cumulative expansion for dock
structurea'nd maneuvering space beyond What wa~ approved at that time. He re,fred that the
proposed change does not require a second mandatory EAW because the increase in dock structure
and maneuvering space square feet from 1990 was 11,520.25. HOwever, a discretionary EAW could
be required if that was the desire of the Board.
-3578-
Lake Minnetonka Conservation District
Regular Board Meeting
JulY 23, 2003
page13
· In accordance With MN DNR General Permit 97-6098, the MN DNR was provided copies of the
propOSed applications on 7/7/03 With comments due by 7/18/03. To date, no feedbaCk has been
received from the MN DNR On the proposed applicationS.
· ~ Based on the 1973 Boat Density PoliCy Statement, he pointedbut that St. Louis Bay sh°uld be
designated as ,,ciltlca, and referred to the BOard for remedial action. However, he believed that that
Would not make a lot of sense because the Board aPpOinted a sub-committee this past winter to
review and update this policy and the Lake Use and Recreation section of the Management Plan for
Lake Minnetonka. He recommended that the BOard not take aCtion on the proPoSed apPliCations until
the WOrk of the Lake Minnetonka Boat Density Sub'Committee has been completed.
· He entertained questi°ns or comments frOm the Board.
Babcock asked if there was sdfficient water depth On the inside of the prOposed slips along shore to store
watercraft, He stated that he would like to ensure that Deephaven would not request a variance from Code in
the near future if the Board approved the plan as propOsed.
Mr. Bob Voyles, representing the City of Deephaven Boat Committee, stated that soundings had been done in
the area and that he believed there Would be sufficient water depths becaUSe it is relatively deep in the
immediate area.
Nybeck stated that he expressed a similar concern to the apPliCant prior to the submittal of the proposed
aPplications.
Pete Nelson asked for an update on the progress of the Lake Minentonka Boat Density Sub-Committee.
Foster stated that the sub-committee work would be completed over the winter, pointing out that he believed
the task was enormous. He believed that the Board has the ability to not use the 1973 policy when reviewing
the PropoSed applications and he suppOrted the proposed apPliCatiOns submitted by the DeephaVen. He
pointed out that the 1973 policy was not used in areview of similar applications for the City of EXCelsior in
Excelsior Bay. One of the remedies outlined in the 1973 p01!cy was to establish "Quiet-Water" Areas, noting
that this haS already been done in St. Louis Bay.
BabCOCk stated' that althOugh the comments from Foster Were generally accurate, there are some different
opinions on the BOard on hOW good thC 1973 policy is add thiSis being diSCUSSed at the Sub:C0~miitee evet.
He reminded'the Board of the testimonY received ~ariiei~in the meeting that th~ PUbliC ceiCbives' that PUblic
safety is being imCacted bY a larger number and siZe Of waterciaft on LakeM nnetonk~ Wheth'~i the 1973
policY iS fact(~?ed'into th~ decisi~ On the prop0Sed DeephaV~.a~plicati6ns iS tO the d S~reti'0~ of the
Boar~. : ' '"
Foster Stated that he had Similar concerns on the size of watercraft on Lake MinnetOnka; hoWever he POinted
that Deephaven would restriCt watercraft iengthS to 24" at the proposed dOCkS; He 5~ii~Ved thai't~e b~ats to
be stored at the proposed docks would exit directly to the main Lower Lake and would have minimal impact
on St: LOuiS Bay: He entertaihed ~mmentS and teStimOny from` th:e appiican~ and the pub c on th?Proposed
applications.
Deephaven Mayor Tom Anderson stated that the proposed aPplicatiOns are important to tt~e City of
Deephaven because they represent the ~Ublic Simiiarto the DiStriCt. One goal of Deephaven is that they have
an interest in getting as much public access as possible to public waters. Deephaven has provided a number
of amenities to the public over the years, including public accesses and swimming beaches. Deephaven
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Lake Minnetonka Conservation District
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July 23, 2003
Page 14
consists of approximate y 4,000 residents and 1,500 homes, of which 172 homes have lakeshore properties.
The remaining apProx mutely 90 percent of the homes in Deephaven do not have lakes.hore properties He
reminded the BOard that the Deephaven has not maximized the number of potential BSU's through a special
density license and that Deephaven is public agency not seeking to maximize its profits through commerc a
transactions There are two parking lots in the area for the St. Louis Bay area provided by Deephaven. The
dock at the south, end of the site used by the Minnetonka Yacht Club has a 25-year lease that ~vas signed and
agreed to in 1981. That dock can cause parking problems in the south lot for the residents in the area
because it is at the end of nari'ow street, Park Avenue, that leads to a relatively small parking lot that is used
for the swimming beach, municipal docks, and the Minnetonka Yacht Club dock. The Minnetonka Yacht Club
dock is used as a point to shuttle partiCiPants frOm the main land to the island in the near vicinity. This
parking lot can get very crowded during the summer months because there are four daily sailing courses that
drive on Park Avenue to the south parking lot. He indicated that he wou d be discussing the concePt in the
near future With the Deephaven City Counci and the Minnetonka Yacht Club to renegotiate the lease and
move the shuttle dock to another location to provide re ef for residents in the immediate area because added
BSU's in the area could further complicate parking issues.
Babcock asked Mayor Anderson how many parking spaces are available to the public in both parking lots.
Anderson estimated that there are approximately 32 parking spaces in the north parking lot and it is generally
not full. However, the problem is in the south parking lot because there is a consistent flow of traffic leading
into it assOciated with the sailing school. He estimated that there was approximately 16 parking spaces in the
south parking lot.
Voyles estimated 'that between 25 and 30 carS could be parked in the south parking lot when a third row is
utilized.
BabcoCk stated that he Would like to have a better understanding of the parking situation if the Minnetonka
Yacht Club Shuttle dock WaS~moved to another 'oqat On
Anderson stated that other potential lOCationS he envisioned for the Minnetonka Yacht Club shuttle dock
include the main yacht club site on the south end of CarsOns Bay, utilizing a municipal BSU on the north end
of St. Louis Bay, or a BSU at the proposed docks being.cons demd by the Board. He questioned why the
Bbard Wbuld USe'the 1973 policy for the'proposed applications when itwas not used for similar applicat OhS
forthe ~itY °f E~C~lSior:i:r~ Ex%is or Bay. 'He:~lieW~ thai'beCauSe st ~-LOU s Bay was re ative y narrow, its
best pu~ose is to u~e it as a StOrage bay because the boats in general exit to the main Lower Lake; He
c°nClUd~d :b~'Stati~:g:~'ihat additi°'n~l resi(j~ts jn Deephaven a~ I~°ki~ for aCcess t0 Lake Minnetonka
through a d~ck and he bnco~'rag~d COnSideration of ~ proposed applications by the Board. '
Canning asked for clarification from Mayor Anderson on the point he made that the City of Deephaven has not
maXimized' thb p~)te~ii~i 6~mber o[BSU,S thrOugh it~ special dens iyl cenSe
Ande~0n §ta!~d that beCaUse the. Cib/of Deephaven ha8 aPproxima[ely 4,639 of non-continuous shoreline,
Deephaven may be entitled'to 464 BSU'S at the 1:10~ density allowance for special density licenSes.
Babcock stated that he had a few questions for Mayor Anderson o.n the proposed public amenities. He asked
for clarification at the ca~°n Bay boat launch on Whether it Was available to the general public and the
parking available. .
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Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 15
Anderson stated that the Carsons Bay boat launch is available to the general public and that there was annual
permitted parking available at vadous rates.
Babcock stated that he would like the parking details associated with the Carsons Bay boat launch to be
detailed by the applicant so that they could be included in the Findings if the proposed applications are
approved. He asked for clarification from Nybeck on why the applicant was not given credit in the staff memo
for the St, Louis Bay boat launch.
Nybeck stated that Deephaven proposed this second boat launch ramp as an additional public amenity in
2001. The Board determined at that time not to give public amenity points for both public accesses; however,
the Board could conclude differently in the proposed special density license application.
Babcock asked if the fishing pier in the back of Carsons Bay currently existed.
Anderson stated that it currently existed.
Babcock stated that this should be documented bY a site Plan because it is a structure in the water. He
questioned if the slip use for emergencies in Carsons and St. Louis Bay are dedicated Or how they are
provided.
Anderson stated that they are dedicated slips and are to be used for Public safety uses.
Babcock stated that these dedicated slips should be signed accordingly that there is no parking and are to be
used for emergencies only. He stated that the proposed,other public amenities for a tennis court, picnic
tables, shelter, and grills do not appear to be accessible for the public by boat because there are no transient
slips. He suggested that the applicant might want to address this providing a few transient slips.
Harper questioned whether the location to be used for emergencies onlY on the north,Side of St. Louis Bay
was dedicated because it is not an approved BSU lOcatiOn and would encroach further into a non,cOnforming
side setback area.
Foster stated that the City of Deephaven should have adequate PubliC amenity points because theY should be
given credit for public amenity points for each public access and swimming beach within the community.
Babcock stated that if a swimming beach or a boat launch ramp is to be included as a pUblic amenity, he
believed that the parking associated with the public amenity should preferably be free or for a Very nominal
permit fee.
Voyles stated that Deephaven believes that the St, Louis Bay boat launch should be given credit for public
amenity points. This launch ramp is open nine months of the year and is only closed when the swimming
beach is open during the summer months. He pointed out that it is used frequently early and late id the boat
season, and it is used frequently as a winter access for the publiC.
Mr. Jack Braun, t 9390 Park Avenue, stated that he resided at a property that overlooked near the swimming
beach. He pointed out that St. Louis Bay is a small bay that [~as a significant number of buoys and docks
currently installed in it. He expressed concern about parking in the south Parking lot, especially when there
are activities associated with the Minnetonka Yacht Club. This currently results in overflow parking for two to
three blocks on Park Avenue from the lake and would be further complicated with additional docks. He
-3581 -
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 16
questioned whether the Distdct should approve additional BSU's if a current policy has concluded that St.
Louis Bay is critically dense. He estimated that the water surface use area covered by the proposed docks
would be approximately three times greater than the existing docks.
Ms. Julie We!le, 19400 Park Avenue, stated she resided at a property right above the south parking lot. She
believed that the proposed applications would be too large of increase of BSU's in that area of St, Louis Bay.
The swimming beach in the area is wonderful and she pointed out that she believed that it was used more
frequently than the docks themselves. She expressed concern about moving the Minnetonka Yacht Club
shuttle dock to the north-end of St, Louis Bay because it would a maneuverability issue for those driving the
shuttle boat. She suggested that it would difficult to park 25 vehicles in the south parking lot because only the
west-side of this parking lot near the lake is striped: She concluded by stating that she believed added boats
in the bay would impact other recreational activities in the area.
Ms. Allison Fletcher stated that she was in attendance representing her father, Kingston Fletcher that resides
at 3845 Northome Road. She stated that her family, who has three generations and' 75 years of living on
Lake Minnetonka, opposed the proposed applications. She pointed out that all five indices referenced in the
1973 policy have already been exceeded and the proposed project would further expand this. She disagreed
with the comment made by Mayor Anderson that the proposed location for expansion of BSU's was ideal for
traffic purposes to exit to the main Lower Lake. The exit point to the main Lower Lake is quite narrow and
shallow, adding that she had observed some near accidents in recent years. She contacted the commodore
from the Minnetonka Yacht Club regarding the relocation of the shuttle dock. She believed that the members
of the Minnetonka Yacht Club would be troubled with this and she encouraged getting their feedback on this.
She concluded by stating that approval of the proposed project would increase density in the St, Louis Bay
area of.Lake Minnetonka and impact public safety.
Mr. Gary Rappaport, 3940 Walden Shores. Road, stated that he lived two houses to the ~south of the proposed
project for 30 years. He complimented the efforts of Deephaven to provide the public amenity at the beach on
St. Louis .Bay. However~ the .proposed project to increase the number of boats being stored in {he area would
increase tra~c and it would increase public safety concerns to the youth using the swimming beach. He
recommended that a traffic study be conducted in the area because the proposed project would add volume
to an already crowded area. The Board should also require Deephaven to have documentation that the
Minnet0nka Yacht Club shuttle dock was being relocated prior to considering approval of the prop0~ed
project, ,~
Mr, C,J, Ramstad, 19235Lake Avenue, stated thathe lived approximately a block and ahalf from the
proposed project., He currently has a boatstored at the existing shore.docks where the proposed new docks
would be installed. He questioned the accuracy of the survey submitted by Deephaven and whether there
would be adequate space between the proposed docks and the nearby buoys field. He implored the Board to
further check into the accuracy of the survey submitted.
Ms, Pat Florance~ 3920 Walden Shores Road~ stated that she lived at the first house south of Park Avenue
near the proposed project. She expressed concern that Park Avenue is a narrow and windingroad thet dead
ends into the south parking lot, adding that she believed it was very dangerous area. She believed that traffic
in the area,was getting busier over the years andthatthe proposed project would further add to thiS.
Ms. Klm Crockett stated that she was a Deephaven City Council member and the liaison to the Deephaven
Boat Committee. The testimony received from the neighbors in the immediate area is helpful to Deephaven
to address the concerns raised.. Although these concerns are valid, the purpose of the proposed project was.
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Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page17
to address the concerns of other residents in Deephaven that do not live on Lake Minnetonka that would like
access to it,.. She believed that the Deephaven City Council will do their best to address the concerns of the
neighbors in the immediate area, noting that a harbor master is currently being discussed by the Deephaven
Boat Committee.
Babcock asked how long the current waiting list is for a municipal dock with Deephaven.
Voyles stated that the waiting list is 532 residents or an approximated 17 years.
Fletcher stated that she believed the municipal dock spaces are very coveted because of the reasonable
rates. In fact, she understood they are passed on to other generations within a family for these reasons.
Crockett stated that Deephaven was currently addressing issue.
Babcock recommended that Deephaven needed to further organize its parking through striping in its parking
lots, especially the south lot. He stated this because the proposed project to increase BSU's Would add
increased demand for parking and there is a need to ensure fire safety in these lots, especially dudng peak
periods.
Fletcher recommended that Deephaven should consider expanding their BSU's to other locations within
Deephaven, not just in St. Louis Bay.
Ms. Nancy Middleton, 20425 Lakeview Avenue, stated that she was currently a Deephaven City Council
member, a previous Deephaven Planning Commission member, and member of the Minneton'ka yacht Club.
She indicated that the she lived across the street from Sandy Beach and she could understand parking
concerns because there is not a permit requirement in that area of Beephaven. She recognized the concerns
of the residents in the immediate area as a city council member; however, she recognized the concerns of
other residents in Deephaven that would like access to Lake Minnetonka through a municipal dock, She
believed that renegotiating the lease with Minnetonka Yacht Olub as proposed by Mayor Anderson would be a
large task.
Mayor Anderson stated that he be ieved renegotiating the lease with the Minnetonka Yacht Club would allow
Deephaven to deal with parking and public safety issues in the Park Avenue area. :
Foster stated that the number ng on the proposed site plan should be amended to accurately reflect the 40
BSU's at the new permanent docks and the one: BSU at the current. Minnetonka Yacht Club shuttle dock.
Rappaport stated that he believed the likelihood of the Minnetonka Yacht Club giving up current shuttle dock
was slim at best. There already is a congestion problem in the south:parking tot associated with the
Minnetonka Yacht Club and the proposed project would only further complicate the situation. If parking is a
concern of the District, he recommended that the Board should not approve the proposed applications until
this is resolved.
Braun stated that he believed the District should have feedback from the MN DNR prior to acting on the
proposed applications. Although the proposed project does not require a mandatory EAW, he suggested that
the Board should consider a discretionary EAW;. He encouraged the Board to visit the area prior to acting on
the proposed appliCations.
-3583-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page18
Ms, Susan Rappaport, 3940 Walden Shores Road, stated that the pontoon boat owned bY the Minnetonka
Yacht Club, shuttles kids in the sailing school from the main land to the island frequently during "a~ normal day.
Traffic in the bay is quite congested and can be complicated.
Mr. Chuck Welle, 19400 Park Avenue, questioned whether adding the proposed increase of additional BSU's
would have a great impact on the waiting of list of over 500. The added dock structures would impact the
views of the lake from the land.
There being no further comments, Foster closed the public hearing at 10:35 p.m.
Babcock stated that he believed Deephaven should address parking and safety access. Because the
proposed applications would add additional BSU's in the area, he stated that he would like to see a plan from
Deephaven on how they plan to deal with this. He questioned whether moving the Uinnetonka Yacht Club
shuttle dock to the north side of St. Louis Bay or to the south side of Carsons Bay was a practical solution and
there might be better ways to address this. He suggested that the buoy field in the immediate area should be
documented on the proposed site plan to assist the Board in making a decision.
McMillan stated that she concurred with comments from Babcock. Additionally, she would like to have further
discussion to ensure that the Deephaven would provide at least the minimum public amenities required by
Code. She expressed concem that the approving of the proposed applications to appease the residents that
live off the lake could set a precedent for other member cities that have similar problems.
Craig Nelson concurred with comments from Babcock and McMillan: He suggested that the Board should
consider the recommendation of Nybeck to allow the boat density sub-committee to finish its work pdor to
acting on the proposed applications.
Foster stated that he believed there are three issues that Deephaven needS to provide further info~ation.
These include: 1) further discussion and clarification of the proposed public' amenities, 2) dealing With the
parking and safety access issues (including the Lake Minnetotika Sailing SChool), and 3)identifying:the
location of the buoy field on the proposed survey.
Canning suggested that DeePhaven might want to conSider a reduction in the number of BSU's proposed to
be expanded.
McMillan stated that she'believed there are some quality Of.the experience issues for Deephaven to COnsider,
such as. open space and views, in conjunction with adding BSU's to the docking program.
Foster stated that he believed the applicant:should work.on the three issues that he previously summarized
and come back to a;Regular Board Meeting prepared to address them With the Board.
The meeting was receSsed at 10:42 p.m. and rec0nvened at~10:50 p.m.
· Jennings Cove Dock Owners Association, new multiple dock license application for 20 Boat Storage Units
(BSU's) on 1,164' of continuOUs shoreline on Jennings Bay.
Foster opened the public hearing at 10:50 p.m. and asked for backgrOund from Harper.
-3584-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page
Harper
made the following comments:
Mr. Mark Gonrowski, representing Jennings Cove DCA, has submitted a new multiple dOck license for
Board consideration on Jennings Bay in the City of Minnetrista. Currently, they are approved for 20
BSU's on 1~164' of'continuous shoreline dedicated from Lots 16 - 19 and OutlOt A. With a BSU
density of approximately 1:58', they are considered a conforming facility {:or density purposes. The
multiple dock facility consists of a dock with 18 BSU's originating from Outlot A and a dock with two
BSU's originating from Lot 19.
The applicant has proposed two changes. First, the applicant has proPosed to reconfigure the 18
BSU's at the dock originating from Outlot A to ensure that all dock structure and bOat storage do not
extend beyond 100' from the 929.4 shoreline. Second, the applicant has proposed changes to dock
structure and the size of the two BSU's at the dock originating from Lot 19.
· Code Section 2.03, subd. 7 requires a new multiple dOck. license apPliCation When there is any change
in slip size, ownership, Width, height or location of a StruCture under this section. Because the
proposed project Would increase slip sizes and add dock StrUctUre, the Code requires a new multiple
dock license application, with public hearing.
· Code Section 2~01 prohibits a person from using any area of the Lake outside an authorized dock use
area for docking and storage of watercraft. Staff has evaluated the proposed Site plan and the dock
structure and storage of watercraft is contained Within the aUthorized dock uSe area for this site.
· Code Section 2.12, subd. 10 states "no dock, mooring or other structure shall be so located as to
obstruct a navigable channel, or so as to obstruct reasonable access to any other dOck, mooring area
or similar structure authorized under this code". The applicant has documented the approved and
propoSed doCk Structures originating from Lot 19 and their proximity to the edge of the dredged
channel: Based on staff review, it does nOt appear that the proposed dock woUid have a significant
impact On navigation through the dredged channel Or wOUld obstruct reasonable access to properties
to the west.
· Staff has evaluated the proposed site plan to verify whether a mandatory Environmen{al Assessment
Worksheet (EAW) needed to be prepared. Dock structure and maneuvering space square feet for the
propOsed Project was 16,116. Thus, a mandatory EAW was not necessary because EnVironmental
Quality Board rules do not require one until square footage for doCk structure and maneuvering Space
exceed 20,000..
· In. accordance with MN DNR General permit 97-6098, the MN DNR and the City of Minnetrista ~Were
Provided copies Of the proposed:apPliCation on 7/7/0~, With c°mments due. bY 7/18/03. T° date, no
comments have been received from either agency.
· Comments have been received from res dents west of the proposed project that reside on Painter's
Creek. TheYha~e C0ncer~s that the two :b°at~ ;to' be stoied at the d~ck originating fr~:~Eot 19 d° not
impede navigation in the dredged ChanneiI f~eY have r~c°mmended a COnditi0~ thai no boats be
moored on~e ~west, Si~le of BSU 191
· Staffbelieges'that the ProPd'~d application m~ets the objCtiVe teview crit6ria outlined in COde.
HoweVer, the'BOard Sh°Uld' d'ete~i~e whethei~he dOC:~ 0iigi%t ~g f~om ~'19 0bStructs: the ~
navigable Chahhei oi~ieas0nabl~ a~ce~ to ahy °t~ei B~oc~i ifth~'~0~Fd' determines'that the ~PrOposed
dock is not an impediment to navigation, staff believes that the Board can approve the new multiple
dock license application for the 2003 season.
· He entertained qUestions or comments from the Board.
Mr. Mark Gonrowski, Presideni of Jennings cove DOA, stated that the Minnetrista Planning Commission
previously reviewed the proposed project. Concer~ Was raised on the actual location of thedredged channel
in the vicinity of the proposed project. Steps have been taken by the surveyor to actually locate the dredged
-3585-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 20
channel on the survey for the proposed project. The changes proposed at Outlot A for BSU'S 1-18 were to
comply with a license requirement of the Board in recent yeare.
Mr. Robert Saari, 920 Maple Crest Drive, stated that he places the markers in the water that delineate the
dredged channel area from his boat with sonar. The markers were not installed when the dredged channel
was delineated on the proposed survey, noting that the Landing Association paid $30,000 in 1990 to have
this dredged. There are 24 families in the channel area to the west of the project that could be impacted by
the proposed project. The distance of the dredged channel from the shore in the area of the dock originating
from Lot 19 is approximately 65. He suggested that a 40'. long dock would be more appropriate in this area
rather than the 56' long dock that was proposed because of the turning requirements in the area.
Nybeck provided what: he believed was the history of the proposed application with the City of Minnetrista.
This past spring, the applicant submitted a similar application for consideration by the City of Nlinnetdsta.
Concerns were raised at the Minnetrista Planning Commission Meeting thatthe proposed'dock would impede
the dredged channel that is used by residents to the west. The applicant has subsequently documented the
dredged channel in proximity to the proposed docks, noting that he believed this was information needed by
the District to make a decision on the proposed application. He questioned whether the proposed dock was
any further of an impediment than the approved dock.
Gonrewski stated that the map of the dredged channel was over-laid by the surveyor on the proposed survey.
Mr. Jeff Pugh stated that he owned Lot 19 in question and he wanted to put a dock out from it. The survey
submitted with the application was done by a professional company and cost a significant amount of money.
At the closest point, the dock originating from Lot 19 was 14' from the dredged channel. He stated that lot 19
has riparian rights to Lake Minnetonka with 228' of 929.4 lakeshore frontage and would meet the Code
requirements of the Distdct that allows for two watercraft,
Babcock clarified that the lakeshore frontage for Lot 19 is counted to the JenningsCove DOA multiple dock
license. He pOinted out that the.owner of Lot 19 cannot claim their dparian dghts and allow Jennings Cove
DOA to use this shoreline for their multiple dock facility at the same time. The way the facility is currently set
up, the owner of Lot 19 wou d need to secure the two watercraft they desire through the .multiple dock license.
He'ehc°uraged the applicant to work with the residents upstream to vedfy that the proposed dock would not
impede the dredged cl~annel.
Mr. Bill BuShnell, 940 .Maple Crest Drive, stated that he lived in Maple Crest. Estates west of the proposed
project. This issue began a fen.years ago when Mr. Pugh purchased the property and installed a dock not
consistent With the approved Site plan. Concern was raised by some residents regarding this and whether it
was an impediment ~to navigation in the channel area. Based on the proposed survey, and fie dwork
con'ducted, he beiie~d'that the propOSed dOck WOUld not be an '.imP~'dir~e~t to the .diedgedchannel
However, he redornmend~'ti:i~t'a ~nd t 0n, be made that woUi~i pr~ohibit ihe stodng of ~J boat on the west
side of BSU 19,
There being no further comments, Foster closed the public hearing at 11:15 p.m.
MOTION: Canning. moved, Knudsen seconded to approve the Jennings Cove DOA multiple dock.license
application as submitted for the 2003 season.
-3586-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23~ 2003
Page 21
Nybeck stated that the platform near BSU 20 exceeds six feet in both length and width. The Code allows the
allows the platform to exceed six feet in either length or width, not both. He recommended that the motion
should reflect this and the proposed site plan should be amended. Canning and Knudsen agreed to this
friendly amendment.
VOTE: Motion carried unanimously.
· Hary Kreslins, new multiple dock license application for eight Boat Storage Units (BSU's) on 407' of
continuous shoreline on St. Albans Bay.
Foster re-opened the public hearing at 11:16 p.m. and asked for background on it from Nybeck.
Nybeck stated that the public hearing was continued from the 6/11/03 and 6/25/03 Regular Board Meetings.
He reported that the applicant has signed a waiver of consent form to the 60-day rule to allow the applicant to
resolve pending issues with the City of Greenwood. However, the public hearing that was conducted at the
6/25/03 Regular Board Meeting was continued to this Board meeting and LeFevere advised him that it should
be on the agenda this evening. He did not believe there was a need for the Board to conduct the public
hearing at this meeting unless there was testimony to be received from the public that was in attendance.
Testimony could be received by the Board in the near future, after the applicant resolves the pending issues
with the City of Greenwood, by either continuing the public hearing to a specific meeting date or by re-
advertising the public hearing to a specific meeting date. He recommended the latter.
Mr. Judd Mowry, 445 Lakeview Avenue, stated that he understood the District received an updated version of
a survey for the proposed project from the applicant. He expressed reservations in the increase in shoreline
as proposed by the applicant. He questioned whether the shoreline from the dock furthest to the west to the
channel leading to Excelsior Bay was accurate compared to the approved site plan and that it needs further
investigation.
Nybeck stated that there are some shoreline issues in question and that was one of the primary reasons of
what the applicant is attempting to resolve with the City of Greenwood.
Ms. Jeannie Bowers, 21600 Fairview Street, stated that she believed there a number of issues that the
applicant needs to resolve with the City of Greenwood. Two of these include a fire lane at the property and
parking and safety issues in the area. She thanked the Board for honoring the request from the City of
Greenwood to allow the applicant to resolve these pdor to acting on the proposed application.
Foster stated that with no objections from the Board, he would temporarily close the public hearing at 11:25
p.m. and reconvene it at a future Regular Board Meeting with staff propedy re-advertising for it. There were
no objections from the Board.
McMillan left at 11:26 p.m.
3. FINANCIAL
A, Aud it of vouchers (7/1/03 - 7/15/03) & (7/16/03 - 7/31/03).
Skramstad reviewed the audit of vouchers as submitted.
MOTION: Skramstad moved, Canning seconded to approve the audit of vouchers as submitted.
-3587-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
page22
VOTE: Motion carried unanimoUsly.
B. May & June finanCial summary and balance sheets.
Skramstad asked Nybeck for clarification on why these financial summary and balance sheets were not
on the consent agenda.
Nybeck stated that the May financial summary and balance sheet was originally approved at the 6/25/03
Regular Board Meeting and later rescinded at that meeting to allow Staff to check into the aCcuracY of
District assets. The District assets in the May financial summary and balance sheet reviewed at the last
Regular Board Meeting were higher than normal because it included an inVentory of the milfoil harvesting
equipment. This has been deleted in the May and June financial summary and balance sheets after
consulting with the accountant that conducted to the 2002 audit for the District.
The :Board accepted the May and June financial sUmmary and balance Sheets as submitted.
C. Additional Business.
There was no additional business.
ADMINISTRATION
A. Consideration of staff recommendation for compensation adjustment for Adrministrative Technician, Judd
Harper.
Foster intrbdUced the agenda item and asked for background from Nybeck.
Nybeck made the following comments:
A performance appraisal was re~ntly conducted for Judd Harper. An overall grade of above
average, the top category, was cbmmunicated to him for the pefi°d of 5/4/02 through 6/13/03. His
anniversary date with the' Di~t~ct is 5/1/00 and he is currentiY compensated at an annual salary of
$37,000.
· At the 6/25/03 Regular Beard'Meeting, disCUssion of compensat on adjustment for Harper was
schedUled on the agendal~'. '1 i~di~ated thati'~s not prepa~:ed to make a rec0mmend~t 0r~'on a
com:pe~:~aii°n adja~en{ at that ~:eeting aii'd' reb0~mehde~'that it ~OUld.be 5enefic a't0 discuss
a m'~rb~::i~:~a:iize~:'prbced'~re' ~°r'C°rnpe~sati0~ ~di%tments through the perSonneI SUb.
ComM!~ee~ ~.
· A pefs0nn~ sUb-committeewas conducted in the District officeon :7/2J02.with allfour Board
office~ i:h~ited.'to :atte~.~ in' addition' to myselil Craig Nelson and. skramsta~Were atthis meeting.
The three topics that were discussed at this meeting include: 1) finalizing updates to the DiStrict
Personnel Policy (including formalizing the performance/compensation:review, for its employees),
2) establishing a salary range for all District non-seasonal employee positions, and 3) making a
recommendation to the Board at the 7/23/03 Regular Meeting on a compensation adjustment for
Harper.
· He recommended an internal promotion for Harper within the Administrative Technician position,
with a suggested salary range of $35,000 to $45,000, A $3,000 annual salary adjustment from
$37,000 to $40,000 was recommended, retroactiVe to 5/1/03. Although this recommended salary
adjustment was slightly over eight pement, it.will be well within the suggested salary range for the
-3588-
Lake Minnetonka Conservation District
Regular Board Meeting
JulY 23, 2003
page23
Administrative Technician position and is comparable to other similar positions in the Lake
Min. netonka area'.
He entertained questions or comments from the Board.
MOTION: Skramstad mOVed, Suerth Seconded to adjUst the annual salary of Judd HarPer, Administrative
Technician for the District, from $37,000 to $40,000 retroactive to 5/1/03.
The Board discussed the recommendation from Nybeck for compensation adjustment for Harper, This
included: 1) how internal Promotions and cost of living adjuStments operate within a position, 2) how to
justify an adjustment that is greater than cost of living adjustments, and 3) the need for the DistriCt to pay
good employees market value for similar positions in the area.
VOTE: Motion carried unanimously.
B, Additional Business,
There was no additional business.
EWM/EXOTICS TASK FORCE
A. Staff review of 2003 EWM Harvesting Program Mid-Season Summary Report.
Foster stated that a mid-season report was prepared by staff and included in the handout folders. Any
questions relating to this report should be forwarded to the Bistdct office.
B. Additional Business.
There was no additional business.
6, SAVE THE LAKE
There was no discussion.
7, EXECUTIVE DIRECTOR
Nybeck stated that the lake level reading as of 7/21/03 was 929.37', with a discharge of 75 c.f.s. He reported
that he exercised the second five-year lease option for the District office after researching similar office space
in the Lake Minnetonka area. This research indicated that the lease rate was within the market rates
available for similar office spaces.
8, OLD BUSINESS
There was no old business.
NEW BUSINESS
City of Minnetrista Moratorium
Skramstad stated that he understood the City of Minnetrista I~as established a moratorium for new
development on Six Mile Creek. He believed that the City of Minnetrista would be looking for Board
representation from the Distdct on this topic and he believed this should be resolved.
-3589-
Lake Minnetonka Conservation District
Regular Board Meeting
July 23, 2003
Page 24
Babcock and Knudsen agreed to participate on this discussion on behalf of the Board,
Televisinq of Board Meetinqs
Craig Nelson stated that the Lake Minnetonka Communications Commission had contacted him regarding the
possibility of televising Board meeting on cable television. He asked whether the Board would be interested
in this.
The Board discussed this request and the consensus was that they might be interested if there were no
charge to the District and if the logistics for cameras and audio could be resolved so that it was done
professionally.
10. ADJOURNMENT
There being no fudher business, the meeting was adjourned at 11:44 p.m.
Albert O. Foster, Chairman
Lili McMillan, Secretary
-3590-
DRAFT
LAKE MINNETONKA CONSERVATION DISTRICT
EWM/EXOTICS TASK FORCE
MINUTES
8:30 a.m;, Fdday, July 11, 2003
LMCD Office, 18228 Mtka Blvd., Deephaven, MN
Present: Chip Welling, MN DNR; MN DNR; JacqUelyn Bacigalupi, MN DNR; John Baden, Three RiverS Park
District; Sara APtikOwski, Minneapolis Park and Recreation Board; RaY Newman, U of M Fisheries; Dick
Osgood, Lake Minnetonka Association (LMA); Greg Nybeck, LMCD Executive Director.
MinUtes.,
The Task Fome reviewed the minutes from the 4/11/03 EWM/Exotics Task Force meeting, with two changes
proposed. First, Aplikowski stated that the two references to the "City of Minneapolis" in the first paragraph on
page two should be changed to "Minneapolis Park and Recreation Board". Second, Welling stated that the
words "last 1980's" in the In the last sentence in the second paragraph on page two under "Other Discussion"
should be deleted and the words "late 1990's" inserted. The Task Fome accepted the minutes from the
4/11/03 EWM/Exotics Task Force meeting with the changes proposed by Aplikowski and Welling.
Lake Minnetonka Related Projects.
Discussion of 2003 EWM Harvestinq Program Mid-Season Report.
Nybeck stated that the 2003 harvesting program commenced on 6/10/03 and continued on 6/11/03 with
the training of the crew because the majority of them Were new to the program. The North Upper Lake
Option was implemented in 2003 with only a few days cancelled due to the inclement weather and the 4th
of July holiday. Through 7/2/03, the number of harvester loads for 2003 are 81.5 or approximately 5.8 per
day. Through 7/2/03, the number of truck loads are 41.0 or approximately 3.0 per day. Both of these
statistics are slightly down from 2002 and he attributed this to a new harvesting crew, less areas of the
lake with matted milfoil; higher than normal lake levels, and longer transport times from the Pheips
Bay/Enchanted Island area due to the closing of the Tuxedo Blvd. public access for the reconstruction of
the bridge to Enchanted Island. The used High-Speed Transport Barge purchased this past spring is not
quite up and operating and should ready to go in the near future. There have Only been a few Calls
received from the residents on the lake this Summer:relating to milfoil concems.
The Task Force asked:for an update on milfoil growth on LibbS Lake and whether the District was' loOking
into whether to contract privatelY for either mechanical harvesting or chemical treatment(s).
Nybeck stated that he had recently been in Libbs Lake twice t0 observe milfoil groWth, once With BOard
member Van Hercke and other residents in the area and a second trip With EWM/EXOticS TaSk Force Chair
Suerth. He added that he did not believe milfoil growth during the two visits either required private
harvesting or Chemical treatment(s) because it was generally not matted and was not caUSing impediment
to public navigation. He stated that he would be checking further into costs associated with private
harvesting for Libbs Lake and that he would keep the Task FOrce'informed on this topic.
.Update of 2003 Zebra Mussel Inspection PrOgram.
Nybeck stated that the 2003 pilot inspection program was a joint project being conducted with the LMA,
noting that it began around the Memorial Day weekend at four public accesses and is planned at least
-3591 -
EWM/EX. OTIC$ TASK FOECE, 7/1103, PAGE 2
through the Labor Day weekend. One dilemma currently being dealt with is whether the program can be
adequately staffed by MN DNR inspectors to the satisfaction of the District and the LMA. He expressed
this because a number of the inspection hours being staffed for this project are being done during non-
peak times on Lake Minnetonka, especially there has been little coverage on Sundays.
Osgood stated that one of the incentives for the MN DNR inspectors is that they have the opportunity to
have input on choosing the days and times that they work. These inspectors are required to work 20
hours during peak times and 20 hours dudng non-peak times on Lake Uinnetonka. The intent of the 2003
project was to have around 60 percent coverage during peak periods, especially Saturdays and Sundays,
and this was not currently being achieved.
Welling stated that he believed it would be difficult to hire MN DNR at an average hourly rate and then to
require them to work only weekends. This would make this type of job less appealing under those
circumstances.
Nybeck stated that the District and LMA would further define the expectations of this project and
communicate them to the MN DNR.
Update on 2003 samplin,q pre.qram to vedfy phosphorous content from harvested milfoil.
Nybeck stated the Task Force reviewed a memorandum from Wenck and Associates this past winter
regarding the milfoil harvesting program and the amount of phosphorous removed the lake from harvested
milfoil. The range of phosphorous removed in the Wenck and Associates memo was wide ranging from
and there was discussion on further refining this by sampling harvested milfoil in the 2003 harvested
milfoil. He reported that this would not be done in 2003 because the MCWD had recently contacted the
Distdct office and informed them that they would not financing the $2,000 to $3,000 to conduct this
program this year.
Barren stated that he would be interested to have this further refined statistical information in the future.
Nybeck stated that two possible funding sources included the Exotics or Save the Lake Budgets.
Other Discussion.
Osgood stated that the first round of zebra mussel veliger sampling program has recently been completed.
The samples have been forwarded to the laboratory and the LMA is awaiting the results.
Aplikowski updated the Task Force on the 2003 harvesting program being conducted bythe Minneapolis
Park and Recreation Board. She reported that the budget cuts for 2003 do not allow for overtime beyond
40 hours per.week. In 2002, the budget allowed for at least 60 per week. The program was also down to
one harvester because the second harvester was currently down for maintenance pedod. She stated that
growth in 2003 was not neady as significant when compared to 2002.
Agency Repo~s.
Welling stated that the year in general had been relatively quiet. Applications have not been received for all
the MN DNR cost-share dollars to manage and control milfoil. He reported that only one new infestation had
been discovered in 2003, noting that this was on Howard Lake..
-3592-
' EWIVl/EXOTICS TASK FORCE, 7/1103, PAGE 3
Newman stated that curlyleaf pondweed was a bigger issue in 2003 rather than milfoil. He reported on weevil
populations in 2003, noting that they were down in Cenaiko Lake, relatively high in Otter Lake, and a limited
amount of milfoil on Smiths Bay. Fish populations in these bodies of waters, especially sunfish, are predators
that control weevil populations and should be factored in decisions on whether to augment weevils.
Baden stated that he concurred with Newman that curlyleaf pondweed was a much larger problem than milfoil
in 2003, especially on Medicine Lake.
Bacigalupi stated that the activity in the Aquatic Plant Section was generally winding down. However, she
pointed out that she had heard more about curlyleaf pondweed rather than milfoil in 2003.
Area wide lake association reports.
There were no area wide lake association reports.
Old business.
There was no old business.
New business.
There was no new business.
Adjournment.
There being no further business, the meeting was adjourned at 9:40 a.m.
Respectfully Submitted,
Greg Nybeck
Executive Director
-3593-
Saunders Lake -General Information
The DNR issued a permit for the walking bridge at
Saunders Lake and DNR Staff has verified that the
bridge was constructed in accordance with the
approved permit.
DNR standards require three (3) feet of clearance
from the water surface to maintain navigation. The
walking bridge is approximately 51 inches in height
and is therefore compliant with DNR regulations.
According to the DNR, the channel remains
navigable following construction of the walking
bridge.
The City of Minnetrista is discussing the possibility of
constructing seasonal paths (temporary) on each
side of the bridge to allow for winter recreational
activities (ie. hiking, snowshoeing, cross country skiing,
etc.)
The DNR issued an "after-the-fact" permit for an
outlet structure located in the project area and has
indicated that the structure is functioning properly.
The structure has been surveyed to verify it was
constructed at the proper elevation.
The developer of Saunders Lake has been directed
by the City of Minnetrista to remove the warning
signs on the east side of the channel.
The Ordinary High Water Mark (OHWM) for Saunders Lake
is 943.6. The OHWM is outside the jurisdiction of local
government and is established by the DNR.
-3594-
AFFORDABLE LAND STILL
AVAILABLE IN MOUND,
lff.!l~hn MuRford'
.~.
Ever sinc~ Mound started receivin§ pr~b>
licit7 for its ongoing d .owntown.r~l~-
opment project, called the Harbo~ Renakq-.
saner, cl~v¢lopm-, have be.~n knoeMng, on
· pol~laf, i-6n:'9~:43'5' ..: .... ,.:.. :..' ...
. ...... .,.~?.."."':'....!:.,?.',...,.t',.:.. h;'. ~ .:.
.. .. .. ........ '~.-:'..:,:C .~;
· . · :L'. .' '~; :" ' ...'¥
.":.-;'.' ..,..~.:2....' '" ',4.
· ~ ciw'sd~r.. ~ .. . .
~ .th~ ~ pl~ty,of.m~.0p~6es:
fey cmNng ye~ in ~ ~e~ n~ ~d sar-
ro~g. the im~0w.of'. Co~e~ ,.
Boffie~'~gh~-l~. "~ .: ' .:. ~ .:;;.:4'.~ :x'. ;.
. ;"We've beon .g=~g lorn of c~l~"~om
~evelo~ ~us* we~y o~e Of ~e
lagt plac~ left mi~ ~0r~bj, lin& for
deyel.opme~ or 'r*dewlopm~L' in': ~e
'~h~ projva:t will ~klrt I5o~t Lm~ mx!. will
r&ifll~.'be' a
to~n .and. Cook's Bay ."7 it's'.m exelting
dev~lopmenfd' H~'tSo~ga~s, '"Wc'r~'he~r-
i~.g~ ~ai a !0t.qf:~pl~. a~'t.~ .~r
beam C~
r~ 9f."W~ IS~A :.~m~. ~ ci~ .-
m~e.a d~ ~0n 's~n' be 'Which ~'will'
".~.~om ~nm~on is ~= way on
Road ~d ~ Boulev~, ~e 'sito of
.pl~ng "di=cior
'~ou,~.~ b~. ' .....
~pmmt,~j~-~'~Rbly get
,shot ~
~.'Or
~ ~h~e~.!5,c6~ ~ L~-
wood.Bo~ev~ on ~ zoad.w~ to Wa~-
up for md~dopm~nt in ~e domk~
m H~n my~. ...
~g ~e ~,t~ment ~ ~e dom-
· '" the thing is, d~velopers ?v. ally aren:t m)~ri town is a consortium,of~levelopment f:trm~
looking anv'~ieces of land,bocaase even if each with its ov/n s-i:~ialti~s in tho ~ 6f
· :them. to
· with an undeveloped parcel:' . reoeve~opment trea.~s.divic~ainti5 fOiir se~: '.
> '.~ Indeed fl~ings-'are happening.in Me'in&..:'-: .ton~, and. the. next. r~.~tor slated for rexlevel-
lon~'a sleenv town in the far Western hart - opmem is near Landot3 Lake, where some
of t~e Lald[qgrltmetouka coifi~nity'2;~.'.'.':?,.x.~..apiOa..ted J~uitdiug~..will make'.way.ior.
handful ofsmaller~tOwns, aiad~Tlg~.....'~ i..: ~high,densit~ r~id~nfial, retail.users, and
~i"Back in the 199Os'city offi~' "~'~,tlieq3,i:~/oth~'~O .mmV..' '.'..~'~P.rgl~'fies, I--I__ .m~on sa.y~...[.
~.aty Couneit:.reallze~d that rev~mvestg~em iw.). i : 724.-.,s9 .~ ~fl~?,ti;ar~, Rick. Bl. oomqm?,
older properties.waS'just norhappepMg.in'[ .~. :?,.wneg: ,~: mc~,s · auper~.m .m
Mound,'"Hans0n says. 'Whar'~.when th&v. :..~. avarr6,/>mas to baHd a multi-story 'h6teL
· cam, up with. the Mound Vision, whie[ "" '.t~0..balSly by 2005. Some'work needs to
would use tax inermnt ' " aerie, in the area before thc hotel can. be
en financangforrede-.-'...... · , . . . . ."... . .
velopm~t projects and cr~te a new pier built, such as relocating a hft stauon, Hah-"
and'greenwayproject in the hyatt of.the .son says. Bloomquist is currently looking
.downtown. Well, all. of those plans are.sta~_.., at possible brands for the hotel and con-'
ing to take shape;' If somehne "dri~".. ~ductinga'mal:het ~tndy t~ determine,the.
.tlm~ugh Mound today an&then wai~ five: ': ... n :~ bet of rooms
y..ea~, and drives through again, ][ don't '~ Some other .re~el, opm..ents'are talking"
think they'll r~eo .~.e the plaee.'t.:: . :'(. .... p~...v.9~,.e.x.m?2 ~horeline ~ w..hichh
One Of the inifia~ projects in the. redevel- ' *a~zJubil~.leavfffor"the n~w M6und,Mar-,'
6~i..t~u square foot retail center with the .w~m u~ c~ty s' a~tht~c guid~i.i~e.s for the
.~Ilage by ~ Bay reskl~fial dev~lopment, ?ownt. osvn.r.ede, y~:pl~ And; the..
nearby, VHlage by thc Bay has 99 utdh~ of owner bi: a lean&omar in' th6 downtown:'
t0~homes and condos{'TFhe..d~tel&~q 6h/;.:'.': .m.a. that-w~ displaced-for .the.future. rea&..
tho pr6je~ is St_ Paul-has~d Meti'o ~ . f~ms'at,. I)av/e Wffiett~.purehase~ the.
Development. The retail si'es,: ~6h:'ha~" '?' ormef. Mound :bowling alley am .Oypre~'f'
ju~i,, two.-unoeeubled";'s~ic~/~Uclba~ ... taue ann ~..ore..yD.,Ave.and mlo~&t his
· Jub~ee Foods,' Haflx>r V~me and Spirit~, ' .bmi~.ess
Office'S. ' ' ' ' '~,~re.Vgliv~'[... . :".-,..'.'..: ;'...: : ...... .
'.;Soon,' this: area at'Comme~d~i'aha: ~-.-
wood boulev__.a~l, s. ~ inelu~ a wg~
'. City offic~ ~.~
ing'~und b~ing on
~ ~e g~y to ~e ~'~'~,~.
op~ downtown, ~e eiW pl~a t6 'brd~
~d ~ mon~' on ~'~wij'
Pi~ ~ ~e'site ofi~ f~er ~st 6~ on
~ay 15. ' .'. "~.. ' "'
~e ci~ ~n~ols
~ ~m ~ ~ ~t on L~w~.~
of ~meme ~ md ~s pl~'~ a p~,..
20 pub~c-use ~at s~ps, pedesffi~ W~k-
?ys, ~a ~ md P~W of ~..
m~
-3505-
il6Wntown; .ouMnbss~;;j~s't· 6ut~idb of the
' ;rv. deyelopmen~t;~.4mxte: ~m~ me,.: .
o n, ~on ssy~. ~ ~.been
a~,'. ~&. th~'ve ~h. foll~Ng
~s ,s~l, ~ide~es; .wMch cabs; .for
~t~g'buil~ ~ .~e l~k 'of ~ oldr
~e I~ hote~:' .. · ':
Hennepin County Department of Environmental Services
417 North Fifth Street, Suite 200
Minneapolis, Minnesota 55401-1397
612-348-3777, REDUCE.REUSE.RECYCLE
612-348-8532, Fax
612-348-6500, Facility INFO Line
www. co.hennepin.mn.us/environmental
August 8, 2003
Patricia Meisel
City of Mound
5341 Maywood Road
Mound, MN 55364
Dear Mayor Meisel:
On April 8, 2003, the Hennepin County Board of Commissioners authorized the establishment of
conservation services under County auspices (Resolution 03-226). This letter summarizes the
progress regarding the implementation of the Board's directive and describes anticipated
activities concerning the provision of conservation services in Hennepin County.
Following the Board's approval of a budget and staff for county conservation services, positions
were classified and Hennepin Conservation District Staff were given the first opportunity to
interview for the positions. Based on the interviews and the candidate qualifications, five
candidates were offered full time positions and one position was offered as a job share
opportunity to two of the candidates. The offers were accepted and the first employee began
work on June 9, 2003. All seven employees were on board by July 28,2003. The new
employees are housed in the Environmental Services Building in downtown Minneapolis with
other DES staff. The attached table provides the names, telephone numbers, e-mail addresses
and primary areas of responsibility for our new employees. The telephone number and e-mail
address of their supervisor, Joel Settles, is also provided. Please contact Joel and staff members
to answer specific questions you may have about conservation issues or conservations services
that we will provide.
Examples of conservation services provided to date, include: participation on wetland technical
evaluation panels as requested by local governmental units; assistance to a property owners and
municipalities regarding erosion control and drainage issues, review of site plans for the Elm
Creek and Pioneer-Sarah Creek Watershed Management Commissions; continuation of the
Wetland Health Evaluation and River Watch Programs, coordination of grant agreements with
the Minnesota DNR and Metropolitan Council for $108,000 to inventory land cover on an
additional 100,000 acres in Hennepin County. [~'e are working to make the transition to
County provided conservation services as seamless as possible for all stakeholders. We are
also committed to completing projects and fulfilling commitments that were in place prior to
the County assuming responsibility for the provision of conservation services. Please let Joel
or me know if you have any concerns or questions regarding service delivery during this
transition period.
DES staff are preparing a recommendation for County Board consideration for creation ora
conservation advisory committee (CAC) to advise the County on conservation needs, priorities
An Equal Opportunity Employer - 3 5 9 6 - Recycled Paper
Page 2
and services. As part of this effort, staffwill be meeting with stakeholders this fall to solicit
input concerning the structure and responsibilities of the CAC. Please let me know if you are
interested in participating in this process. In addition, staff will be communicating with
stakeholders by attending city council, planning commission and watershed meetings to inform
others of the availability of our conservation services and to promote their use.
I appreciate your patience and support as we've made this transition in the organization and
governance of local conservation services and look forward to working with you on in
addressing the many important conservation needs in Hennepin County.
Sincerely,
Philip C. Eckhert
Director
C~
Board of County Commissioners
Sandra Vargas, County Administrator
Gary Erickson, Assistant County Administrator
-3597-
-3598-
Sum mit
on '"mib'eL"ndU'"¢°"liti°"""d ULI Minne'°tg Pr ' si"t"PGivi¢
Co-sponsors. Association o/ Metropolitan Municipalities, Builders Association o/ the Twin Cities, Economic Development
Association of Mihl, North Metro Area Mayors Association, League of Minnesota Cities, Brlggs & Morgan,
Dorsey & Whitney, tfennedy & Graven, ~ Chapter-AP/~
American Additional sponsorship opportunities available, including limited spaces for private dinner
cOmmUnities
faced
with
are
an
with speakers On 9/23/03. Please call 952-474-2177 for more information.
· ,unprecedented set of challenges in the
post 9/11 era and this period of entrenched
budget deficits. At the same time, the face of
local leadership continues to change, and
many would argue that the old systems for
leadership recruitment and development are
no longer effective. Consequently, traditional
training grounds no longer provide the steady
and predictable supply of community leaders.
New leaders are drawn from increasingly
broader sources. Many arrive on the scene
with significantly less experience and they
join colleagues who tend to have shorter
tenures than in the past. Both of these factors
combine to impede the ability to make wise
decisions for the long-term common good
of communities.
This program will provide participants an
opportunity to ask in-depth questions, before
and during the program, and engage the
speakers and audience in a spirited discussion
about this timely and important topic.
Engstrom,
program, Mr. Hudnut will be available to sign his new boob, Halfway to Everywhere: A Portrait of America's First Tier Suburbs.
The boob will be for sale at the program for $29.95.
Urban Land Institute members
(ULI Minnesota), please [] [] []
register at: 1-8OO-321-5011
Online
wv~u.senslbleland.org .
By Mail
Sensible Land Use Coalition
PO Box 284
Excelsior, MN 55331-9998
PLEASE RETAIN A COPY FOR YOUR RECORDS
~~ for Real Estate, Builders,
~ AICP, & AELSLAGID
,4s ~ Continuing Education Credit.
Next Program: October 22
$55 Impact Fees
....................................................... 11111
Summit on Civic Leadership * September 24, 2003
Register: 7:15 AM $ Breakfast: 7:30 AM - 8:00 AM · Program: 8:00 AM - 11:30 AM
Attendees:
Company/Agency:
Phone:
Map and directions at
www. sensibleland, org
*Mailed form must be postmarked by last date of registration deadline (see below).
**Walk-ins not pre-registered will be charged $65.00.
Sorry, nO PO's.
Please retain a copy for your records~
Important: See reverse side
for cancellation policy.
-3599-
Dog Days of Summer in Navarre
Saturday August 16 was a day full of fun for hundreds of'
community residents.
The Dog Parade, Carnival Games, Face Painting, Great
Shopping and Live Music from 11 alm. to midnight made
Navarre the place to be.
Below are winners of some of the judged categories includ-
ing; youngest, smallest, nicest smile, best dressed and the
winner o£the oldest dog was Brady owned by Kandis t ~
Hanson, Manager of the City of Mound.
-3600-
Page 1 of 2
Kandis M Hanson
From:
Sent:
Subject:
"Barbara Olson" <olsonb@westonka.k12.mn.us>
Tuesday, September 02, 2003 12:48 PM
Weston ka. news
Westonka.news
September 2, 2003
For 2003-2004, Westonka.news will take the form of occasional notes
from Superintendent Gene Zulk. As in prior years, Westonka.news
subscribers will also be informed immediately of breaking news related
to the Westonka Public Schools. To unsubscribe, see instructions at end
of this message.
A note from Superintendent Gene Zulk:
We're having a terrific first day of school for grades 1-12 in the
Westonka Public Schools. (Kindergarten classes start this Thursday.)
At each school, parents, volunteers and staff welcomed arriving
students with cheers and applause--we're just so glad to have your
students back in Westonka classrooms.
A few brief notes as we start this first week of school:
--we're carefully tracking enrollment, literally on a day-by-day basis.
New enrollments to date give us confidence that when the official count
(reported to the state) occurs on October 1, we'll be able to record
modest enrollment growth over previous years.
--while we celebrate student achievement in 2003 (stellar performance
on the Minnesota Comprehensive Assessments, plus "five-star ratings" on
state-issued report cards for Shirley Hills and Grandview), we're also
looking ahead to the next round of accountability tests in 2004. This
year, we'll be implementing a new district-level assessment that will
provide detailed information about student strengths, deficits, and
growth in achievement in math and reading over a single school year, as
well as from one year to the next.
--Advanced Placement and ACT test scores are in, and they're good.
Westonka students taking the AP test in Calculus continue to do well,
with 83% of them earning scores of three or above (most U.S.
universities consider an AP score of three or above as eligible for
college credit). In only its second year as an AP offering at MWHS, AP
Government students showed their intellectual muscle, with 70% of the
tests earning scores of three or above.
--Our new Gifted and Talented program (GATES, which stands for "Gifted
-3601 - 9/2/O3
Page 2 of 2
and Talented Education Services") will be introduced to parents during
fall quarter. Watch your school newsletters for more information.
Thanks for entrusting your children to our caring staff. When you see
your children later today, ask them about their favorite moment of the
day--and if you're willing, take a minute to share it with me. I learn
something new every day here, and often the most important new insights
come from your children!
Best wishes to you and your family during this school year.
Gene Zulk
Superintendent
zulkg ~westm~ka.k 12.mn.us
To unsubscribe from this list, please send a message to Barbara Olson
at
<olsonb~westonka.k 12.mn.us>
Westonka.news is published by the Westonka Public Schools Community
Relations Department. The information contained in this message is given
in good faith based on available information. According to the State of
Minnesota, the subscriber list for this newsletter is public data.
-3602- 9/2/03
2415 Wiishire Blvd. Mound, Minnesota 55364
August 27, 2003
Mound Volunteer Fire Department Relief Association
2415 Wilshire Blvd.
Mound, MN 55364
Re: James T. Casey - Mound Volunteer Fire Department Relief Association Benefits
To whom it may concern,
The board of directors of the Mound Fire Department Relief Association met recently to
read and discuss the request from Jim Casey to have his years of service credited back.
With all due respect to Jim, it was the unanimous opinion of the board that no further
action be taken on this issue, and that the years of service not be credited back. This
opinion was based first on the fact that our original course of action was based on and
complied with our by-laws. In addition, the original decision to bring Jim back as a new
member and not to modify our by-laws to allow for a break in service was voted on by
the membership of the relief association as a whole and was supported by an
overwhelming majority.
Given these facts, it is our opinion that it would be irresponsible to do anything but stand
by our original decision.
Darren Poikonen
President
Cc:
James T. Casey
Greg Pederson - Mound Fire Chief
Mound Fire Relief Association Board Members
Kandis Hanson - Mound City Manager
Mary Tiejten - Kennedy & Graven Law Firm
John Dean - Kennedy & Graven Law Firm
-3603-
LEGiSLATiVE UPDATE! Minnesota's Tax
Abatement Program Limits Increased
City officials do not have much to smife about these days. The
2003 Minnesota Legislature approved reductions in the amount
of money it sends to local governments through its Local
Government Aid (LGA) program and further constricted local governments'
ability to levy new taxes and use Tax Increment Financing O'lF), among
other things.
However, the Legislature did give local officials one thing to smile about
The Legislature approved a helpful change to the local government tax
abatement program. The tax abatement program was created in 1997 and
is designed to give local governments a stronger hand in locally-based eco-
nomic development efforts to help these governments attract and retain
businesses in their communities.
The tax abatement program allows individual political subdivisions to return
all or a portion of the property taxes attributed to a new development to
the property owner, in exchange for the owner's agreement to use the
abatement proceeds to fund property improvements or wage or job goals.
The stated goals of tax abatement are typically outlined in a development
agreement executed by the political subdivision and the property owner.
Before the most recent legislative changes, the maximum amount a polit-
ical subdivision could abate was five (5) percent of its total levy limit or
$100,000, whichever was greater. The 2003 Legislature increased that
amount to ten (10) percent or $200,000.
Over the last six (6) years, governments have used tax abatement incen-
tives to redevelop blighted areas, help finance public infrastructure
improvements and increase or preserve tax base. The program has been
expanded in recent legislative sessions to make tax abatement a stronger
economic development tool for local government The changes have
streamlined the finandal limits and rules governing tax abatement, as well
as allowed the use of bonding as a means to finance new development
based on abatements. While tax abatement may never rival TIF in its size
or scope, given recent legislative changes, tax abatement is a more attrac-
tive development tool for local governments strapped by economic and
fiscal troubles.
The expanded tax abatement program gives local govemments more flex
ibility to attract new businesses and retain existing businesses while
meeting their responsibilities to local taxpayers. We expect to see more tax
abatement initiatives now that the Legislature has raised the ceiling of
authority given to Minnesota's local governments to assist in economic
development through this creative and fiscally responsible program.
required by the dty charter. Petition/counter-
petition drives began based on the
assumption that the city charter requirement
was the controlling approval process. When
Larkin Hoffman was asked to intervene on
behalf of the dient, v~e immediately chal-
lenged the referendum election requirement
because the Court of Appeals had recently
ruled on that very issue.
We were able to protect that dien'(s project
from attack by keeping up with the court deci-
sions and breaking developments in zoning
law. Our approach is effective and efficient
In mis issue of Re:View, look for Tom Gump's
article on property tax exemptions for non-
profit organizations and Jim McGree~s article
on expansion of tax abatement
GREGORY E:
Real Estate £
on page,
Greg can be reached at 952~896-3292
Property Tax Exemptions
Whether an owner of residential or
commercial/industrial property,
most Minnesotans can be heard
muttering from time to time about property
taxes. If you are affiliated with a non-profit orga-
nization, however, there is an exception that
may provide property tax relief for your organi-
zation. You should also be aware of some
changes the Minnesota Legislature made to tax
exemptions during its most recent session.
All real property in the State of Minnesota is tax-
able, unless it is exempt by State law. Until this
year, there were two exemptions from property
taxes for non-profit organizations. The first
exemption still exists, and is available for non-
profits that qualify as "Institutions of Purely
Public Charity." The second exemption, which
was repealed by the Legislature this year, was
for "Low-Income Housing."
IN:~,T[ ~ [_JTILT)~ ~8 C)F P!...!RELY
PL.!BL[C,~ CHA[~FF'Y
law provides a guide to be used in deter-
mining whether an institution fits the definition
of an Institution of Purely Public Charity. To fit
the definition, an institution must determine
how it measures up to the six "North Star
Factors:' The North Star Factors are:
11] Whether the stated purpose of the under-
taking is to be helpful to others without
immediate expectation of material reward.
:2] Whether the entity involved is supported by
donations and gifts in whole or in part.
2] Whether the recipients of the charity are
required to pay for the assistance received
in whole or in part.
4] Whether the income received from gifts
and donations and charges to users pro-
duces a profit to the charitable institution.
5] Whether the beneficiaries of the charity are
restricted or unrestricted and if restricted,
whether the class of persons to whom the
charity is made available is one having a
reasonable relationship to the charitable
objectives.
6] Whether the dividends in form or substance
or assets upon dissolution are available to
private interests.
Tax assessors use these factors as a guide to
determine whether a non-profit is an Institution
of Purely Public Charity. If so, and if the non-
profit uses its property solely for these purposes,
the property will be exempt from taxation.
L()W-INCOME FIO12SIN(];
Until this legislative session, Minn. Stat. §
272.02, Subd. 26 provided that 'a structure...on
real property is exempt if it is used for: housing
for the elderly or low- and moderate- income
families and funded by a direct federal loan; or
housing lower-income families or elderly or
handicapped persons:'
To be exempt, a lower-income housing project
must have met the following criteria: ...the facil-
ity must be owned by an entity operated as a
non-profit; the facility must receive no or lim-
ited Section 8 housing payments (less than
90% of dwelling units in the structure); must
operate a "mandatory" on-site congregate din-
ing program; provide "assisted living or similar
social and physical support services for resi-
dents;'' must not have been assessed and did
not pay tax under Chapter 273 prior to the
1991 levy, while meeting the other conditions;
and it must have "permanent financing:'
THE BAC:]K(:Jf~,OLJND OF THE
MAt~I(:E
Before October 1, 2002, De County Assessors had
dedded that in order for a senior housing project to
be tax exempt under Minn. Stat. § 272.02, Subcl.
26, residents had to be not only elderly but also
lower-income. In July 2002, the Commons on
Marice applied for a property tax exemption under
Sub& 26, only to have the exemption denied by
Dakota County. The Commons filed suit, daimin8
that its property was improperly dassi~ed, unequally
or unfairly assessed and the property was assessed
at a greater value than its actual value.
THE MAMCE I ...........
On October 1, 2002, the Minnesota Tax Court
ruled that Dakota County could not deny the
Commons on Marice tax-exempt property sta-
tus because it served "elderly" as opposed to
"lower-income elderly." The court granted the
Common on Marice's motion for partial sum-
mary judgment because the language of the
statute in the court's opinion was dear. A struc-
ture housing elderly persons is exempt if it
meets the other statutory requirements. The
court also held that elderly persons do not
need to be of lower-income for the exemption
to apply.
THE LEGISLATIVE
Under the court's ruling, the term "elderly" did
not mean that the elderly must be of Iow-
income to qualify for a property tax exemption.
Not-for-profit housing providers who served the
elderly would receive the same property tax
exemption that non-profit providers for Iow-
and moderate-income families received. For
the Minnesota Legislature, this was apparently
unacceptable. Durin8 the special session, the
Legislature voted to repeal this exemption in its
entirety. While this decision reduced the tax
exemption possibilities for non-profits, it also
served to focus the issue of non-profit tax
exemptions on the Institutions of Purely Public
Charity exception. For most non-profits, this
exemption is the principal means to avoid tax-
ation on the market value of its property. []
LARKIN
HO
· G~;~.."-. Represents
Mall of Ameri~ in IKEA Approvals
Bill Griffith represented Mall of America
Company in obtaining development approvals
for a 330,000 square foot IKEA home furnish-
ings store at Mall of America. Bill worked with
Simon Property Group in negotiating develop-
ment approvals, special assessments, punic
improvements and tax increment financing for
Phase Il of Mall of America. The Swedish
retailer expects to commence construction of
its first store in Minnesota in June and open at
Phase II of Mall of America in Summer 2004.
Larkin Hoffman attorneys have served as real
estate, property tax and development counsel
for Mall of America Company since 1988.
· Coyle Named to Bridging, Inc. Board
Peter J. Co¥1e was recently named to the
Board of Directors of Bridging, Inc. Bridging is
a non-profit organization which provides home
furnishings for people in need.
· Dietzen Appointed to
Commission on Judicial Selection
Governor Tim Pawlenty recently announced
the appointment of Christopher J. Dietzen to
the Commission on Judicial Selection. The
Commission on Judicial Selection solicits judi-
cial candidates, evaluates applicants and
recommends three to five finalists to the gov-
emor for district court and Workers'
Compensation Court of Appeals vacancies that
occur during the term of a judge. The commis-
sion consists of 49 members; 27 appointed by
the Governor, and 22 by the Supreme Court.
· Korstad Presents Conceal
and Carry Seminar
Gre~ Korstad presented the facts on what
Minnesota's new Conceal & Cam/Gun Law means
to your business during an informational session
on Wed., June 1 l. The seminar was sponsored by
the TwinWest Chamber of Commerce.
· Hennen Joins Larkin Hoffman
Larkin Hoffman is pleased to announce that ;~
Bradley J. Hennen has ioined the firm as an
associate in the Corporate Law Department He
will practice in the areas of securities law, mer8-
ers and acquisitions, corporate
finance and general corporate [aw.
recebed his Juris Doctor with Honors, Order of
the Coif, from the University of Maryland 'School
of Law. He is a member of the Minnesota State lan
and Hennepin County Bar Associations, as well
as the National Association of Parliamentarians. Business
· Attorneys Named Super Lawyers inar
Larkin Hoffman is pleased to announce that 11 of
1~e firm's attorneys have been named "Super
LaWYers" by their peers in an extensive state-wide at !
survey done :by Minnesota Law 8, Poli~cs magazine.
Terry E. Bishop and John & Cotter are share-
holders in the firm's Business Liti
Department~ Kenneth Core¥-Edstrom is a St. Thc
shareholder iri the firm's Creditor, Debtor & session
BankrUptcy Group. Christopher J. I-larristhal and
Dayle Nolan are shareholders in the firm's
Employment Law Department Frank I. Hawe¥ ~s
a shareholder in the firm's Corporate Law. ·
Department. ~imoth¥ J. Keane and ~homas TOm Gut
"1im" R Stoltman are shareholders in the firm's Estate De
Land Use and Real Estate Deparlment Charles
Modell and Andrew £ Pe~n are shareholders in Of
the firm's Franchise Law Group. Kathleen M. Association
Picotte Newman is a shareholder in the firm's tion.
Family Law Department. These attorneys
were designated as Super Lawyers in
issues of Minnesota Law & PoliCes, Twin Ob'es
BusineSS Monthly and Mpl~ S~ Pau/ magazines.
· KOrStad and Martin Present an
Property Tax Workshop
In recent legislative sessions, commerdal indus- the
trial property tax relief was a major focus. This
workshOp on March 27th, was presented 'bY
Lar~ Martin and Greg Korstad of Larkin
ond session
;was the
SENIOR
HOUSING
GROUP
Larkin Hoffman Announces Format[on
of Se. ior Housing Practice Group
Building upon its unique experience and the growth of senior housing in Minnesota, Larkin Hoffman has announced the formation of a practice group
dedicated to the senior housing area. The Senior Housing Group will assist in every phase of senior housing from development to management and
ownership. Larkin Hoffman is the first full-seMce firm in the Twin Cities area to form this type of practice area. The practice group is comprised of attor-
neys with extensive background in the areas of senior housing, Iand development and financing. It includes Linda Fisher, Bill Griffith, Gte8 Korstad, Gar,
Renneke, Lynn Starkovich and Brad Hennen. The Senior Housing Group currently provides services to major developers of senior housing, including
Realife, Inc~ which has developed and operates 25 cooperative senior living communities in Minnesota, Iowa, Nebraska and Michigan, The Hartford
Group, Inc., which has designed and built multi-use developments including senior housing facilities throughout the Midwest, and Walker Methodist,
Which owns and operates senior facilities in Minnesota. I
-3606- L^R~m, Norm^N, D,L¥ & Lmr~oR~s, Lxrx '3
The Gillespie Gazette
VOL XI NO 9
September. 2003
PRESIDENT'S MESSAGE
August 15, 2003
Dear Members and Friends,
The Minnesota State Fair is about to start, so ! know that summer is about over. Although
the calendar says different, to me, summer is the months of June, July and August. I cannot get out
walking nearly as early as I could a month ago. We certainly have not had much rain this last month.
We had our second anniversary party on July 27~h. It certainly was a beautiful day, both
outdoors and in our Center. The music played by Ralph Gnitka was wonder~l and it was a joy to see
so may people dancing and having a great time. We are truly blessed to have such a wonderful center
that all in our community can enjoy.
You are probably all aware of our need for more parking at our Center. We knew when we opened
our doors that we would have to address the parking issue at some time. A wonderful opportunity
opened to us when the adjacent property was offered for sale. The Gillespie Center Board looked at
the problem and decided to purchase the property to add approximately 35 more parking spots and
additional handicapped spots. With the very generous one-to-one match from the Gillespie Family
Fund of The Minneapolis Foundation we are starting our f~nd drive. Recently, Cathy Bailey, Sharon
Cook, Barb Calhoun and I went over to the Lake Minnetonka Cable Communications Commission studio
(Cable Channel 21) to do a video about our Gillespie Center and the f~ndraising telethon we will have on
October 4~ and 5~h to raise money for our new parking lot. The video will be showing on cable television
during the next month or so at various times of the day. Call Cathy Bailey for schedule. We also have
the tape to show in our dining room whenever you might want to stop by to view it.
We are looking for talent to perform, either live at the Center or the studio during the eleven
hours of the Telethon. If you know someone who can entertain, please call Cathy at the Center (952-
472-6502). We will also have a silent and/or live auction to help with the f~nd raising. Please call the
Center if you or someone you know can contribute something for the auction.
A question for all of us...do we really read our newsletter..~. I am probably as guilty as anyone
of not thoroughly reading the newsletter. There are many programs and activities in the newsletter
and I think, sometimes, we feel we know what is coming each month. There are many programs and
activities repeated each month, but there are also new programs and changes within some programs.
Please read your newsletter and don't miss out on what ts happening.
Jack Weist
Chairperson
Gillespie Center Advisory Council
-3608-
MINUTES
MOUND ADVISORY PLANNING COMMISSION
AUGUST 18, 2003
1. CALL TO ORDER
Chairman Michael welcomed the public and called the meeting to order at 7:05 p.m.
2. ROLL CALL
Those present: Chair OeoffMichael; Commissioners: Jorj Ayaz, Becky Glister, Cklair Hasse,
Dave Osmek and Jon Schwingler. Absent and excused: Greg Raines and Michael Mubller.
Absent and unexcused: Jerry Clapsaddle. Staffpresent: Community Development Director Sarah
Smith, Planner Loren Gordon and Recording Secretary Jill Norlander.
The following individuals were present: Steve and Joan Coddon - P.O. Box 175, Mound; Tom
Casey; Chuck Alcon- WARA Real Estate; Fred Shinnick- 6107 Sugar Mill Ln; Kevin Wells-
2205 Mill Pond Ln; Chris Anderson - 2231 Southview Ln; Scott Hoiseth - 6100 Sugar Mill Ln;
Brenda Stuhr- 6169 Fairview Ln; L Holter - 2241 Southview Ln; Mark Hanus - 4446 Denbigh
Rd
3. APPROVAL OF AUGUST 4, 2003 MiEETING MINUTES
MOTION by Cklair Hasse, seconded by Becky Glister, to approve the minutes of the August 4,
2003 Planning Commission meeting.
MOTION carried unanimously.
4. APPROVE AGENDA WITH ANY AMENDMENTS
The agenda was approved as presented.
5. BOARD OF APPEALS
CASE #03-29 and 03-30 CUP AND VARIANCE
5234 LYNWOOD BLVD - JOAN CODDON
This item was tabled at the July 7, 2003 meeting until further information could be provided.
The vacation of Laurel Street was ordered in 1937. The property division transfer was achieved
through Hennepin County without City approval/denial ability, possibly because the property is
both Abstract and Torrens.
The maintenance agreement is being addressed and will likely involve only the Coddon property
and the property to the south along Lynwood.
-3609-
Planning Commission Minutes August 18, 2003
Staff.has obtained copies of the private road and utility easements for the subject and
surrounding properties. Color maps outlining the legal descriptions of the numerous road and
utility easements to the properties along the private roadway were provided at the meeting.
Water and sanitary easements are in place. Private driveway easement is in place but a portion
of the existing pavement on the southeastern portion of the drive is not covered by any easement.
We need to have the current owner of the parcel on the corner enter into some form of'an
agreement to cover maintenance, parking and other use issues. If we were to require public right
of way we would require much more detail, which may not be necessary at this point.
Staff.conclusions on the Maintenance Agreement and easements can be summarized as follows:
1. The current private roadway easements do not provide for or protect public access.
2. The roadway as constructed does not fall within the described private easement.
3. The private roadway easement does not provide a construction or maintenance standard other
than "a reasonable state of repair."
4. If the Planning Commission and City Council concur with Staff's recommendation to provide
some form of protected public access, will be necessary to obtain access rights over the 5240
Lynwood property from the current or future property owner.
Discussion
Tom Casey, legal representative of the applicant, would like to simplify. The applicant thinks
that they'd have a good chance of talking with the future owner of the south property. They
would want an easement covering the currently paved area with 5 feet on either side. They need
clarity from the Commission and staff.before proceeding.
Osmek asked how this got subdivided without the city having any input. His understanding is
that Coddon built a home on that property at one time, a lien was held by'the Bank of New York,
the lien was defaulted on and taxes were not paid. If taxes were paid Hennepin County wouldn't
be involved.
Coddon indicated that the taxes were always paid.
Osmek asked how Hennepin County got involved then. Casey said he didn't know as he wasn't
involved at that time.
Subdivided by operation of law. North property was abstract, south property was torrens. The
bank only had a right on the south parcel.
Chair Michael read a statement from Mueller. "1 still don't see where the County Auditor has
the right to allow a subdivision of property per the State Statutes that are quoted. As I interpret
what was presented, it appears as though the Auditor has a right to decide if the mortgaged
portion substantiates value and that taxes paid are acceptable, but not that there is to be another
parcel created. I did not say that correctly, I think it's that if the lenders lien is on a portion only
2
-3610-
Plalming Commission Minutes Augus! 18, 2003
of the total property, that that portion or piece can be foreclosed. It does not mean another parcel
is created. Further, I hope you noticed that the party being foreclosed upon was Coddon himself,
so he created this mess by allowing a mortgage to be incorrectly recorded on a portion of the
property only. He seems to keep finding ways to keep us gobblety gooped! One more thing, I
think he has a houseboat abutting on this property which may be a residence!"
Casey said (responding to statement) the mortgage company had control over foreclosure. They
only had rights to the south parcel. There was no objection from staff or city attorney to the
procedure.
Osmek stated that the subdivision occurred with no input from the city. There was no division
before the foreclosure took place. Casey indicated that there was a line there that existed since
the property was recognized as a Torrens parcel with a separate certificate of title number.
Osmek stated that there was no separate property id number. Is it considered lakeshore property?
Staff indicated that it does front Morton channel and have a dock assigned to it.
Smith added that, when the info was submitted to the city it was given to city attorney to
research. It was a surprise to all of us.
Osmek asked if we would require a 50 foot OHW setback. Staffindicated it would.
Ayaz asked what was staff recommendation? Gordon said that we are not disagreeing with the
statute but we do have other avenues of review through the building department.
Michael confirmed with staff that the Driveway Maintenance Agreement is the major item that
needs to be addressed.
Osmek doesn't want anything coming out of Planning Commission that they aren't comfortable
with. We shouldn't be making conditions that staff has to negotiate. The items are not taken care
of that were requested previously. The width of the fire lane is a significant concern. It impacts
the other properties to the north, not only the applicant.
MOTION by Osmek, seconded by Hasse, to deny the Conditional Use Permit.
MOTION carried. Voting for: Ayaz, Glister, Hasse, and Osmek. Voting against: Michael and
Schwingler.
Chair Michael asked if, in 1937, there were lots occupied by homes north of the subject
property? If so, what would possess someone to vacate the street?
Gordon indicated that there were but he has no idea why they would vacate the street.
Michael felt that this item will not go away. We need to work it out. He felt the item should be
tabled and brought back complete.
Findings of fact: No Maintenance Agreement ready; width of private driveway is of questionable
3
-3611 -
Planning Commission Minutes August 18, 2003
size regardless of signage and parking restrictions; intent or action of the Bank of New York
cannot be discerned at this time.
MOTION by Osmek, seconded by Hasse, to deny variance request.
Osmek indicated that six months ago we said the same thing and hurdles have not been taken
care of. It was clear what we were looking for.
MOTION carried. Voting for: Ayaz, Glister, Hasse, and Osmek. Voting against: Michael and
Schwingler.
Findings of fact: No Maintenance Agreement ready; width of private driveway is of questionable
size regardless of signage and parking restrictions; intent or action of the Bank of New York
cannot be discerned at this time; no public access.
Casey wanted to know what was specifically needed in the agreement.
Osmek said it needed to cover driveway maintenance, protect future property owners. The City
Attorney indicated previously that the north property owners didn't have as big a stake in it, but
if the driveway falls into a state of disrepair they need to be protected so they know who is
responsible. Solution should also be included in case the responsible parties don't follow
through. Ayaz added that the solutions need to be enforceable. Osmek felt the width'of the
driveway (20 feet) is too narrow. No parking signage needs to be addressed so emergency
vehicle can access the area if need be.
Casey asked Osmek if he would agree with the no parking signage provision. Osmek said it
would make approval easier in his mind. Osmek felt it would make more sense to widen the
drive area to accommodate parking. Casey asked ifOsmek would oppose no parking on either
side. Osmek indicated he would not.
Schwingler as if of the properties were for sale. Casey replied it was and that they didn't know
who to address with this issue. Osmek wanted to know how anyone would know these
agreements were in place? Smith said the easement would be recordable and executed against
the title and found in a title search. She thought the maintenance agreement would also.
Michael asked if there were problems with the driveway in the past and how would they have
been handled back in 1937 when the road was vacated?
Public hearing will be September 9th.
Casey asked if the Planning Commission would be open to see this again before the 0C? Glister
thought we might want to hear what Mueller has to say.
Gordon reminded him that there were 2 rnotions for denial and it will now go to the City Council
as part of the process.
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Planning Commission Minutes August 18, 2003
Casey asked if the Planning Commission would reverse the vote and table it so they could bring
back what is requested.
Osmek said the same things were stated very clearly 6 months ago. This is playing a tabling
game and asking for 2 more weeks. Wouldn't it make more sense to pull the case, get your
ducks in a row and come back prepared?
Casey wanted to know why his clients should have to pay more fees to come back another time.
It would make more sense to table.
Osmek reiterated that the Coddons received a denial here. It will go to the City Council and if
they deny it it will be a year before they can apply again.
Chair Michael asked each Commissioner if they would change their vote: Ayaz felt the most
efficient way is to table. He would vote to table. Hasse wouldn't change. Osmek wouldn't
change. Michael would vote to table. Glister wouldn't change. Schwingler would vote to table.
MOTION by Ayaz, to reconsider a hasty action. Motion died for lack of second.
CASE #03-33 P'UBLIC HEARING
PRELIMINARY PLAT AND PDA CUP
2241 SOUTHVIEW LANE - WARA REAL ESTATE INCORPORATED
The Planning Commission tabled this item at its July 21, 2003 meeting at the request of the
applicant due to a couple of unresolved issues. The primary issue being to further investigate
surface water drainage issues across the property from the DNR wetland.
Staff has been in contact with the applicant during the past month and there has been little
additional information regarding the flood elevation and resulting downstream flows from the
wetland. The City Engineer stated by memorandum that the drainage issues will be required to
meet City and Engineering requirements and could be addressed at final plat approval.
Street width has been altered to 40 feet as discussed in the previous meeting. Trail was realigned
connecting to the south extension of Southview, through the wetland buffer area. Staff feels it is
not the most desirable alignment because of slope issues and proximity to the rear of the house
on Lot 12. A more desirable location would be between Lots 11 and 12. The retaining wall
across Lots 1-3 has been removed. The corner of Southview and Chestnut has been modified.
The Planning Commission also identified the need for a tree preservation plan, including
grading, drainage, and vegetation impacts resulting from the proposed development. A specific
landscape plan has not been submitted but the Preliminary Grading Plan shows that all of the
trees on site would be removed due to grading activities except a portion of the stand adjacent to
the Langdon Bay development and the pines along the northern line of lots 5 and 6. In order to
further preserve some of the trees there needs to be modifications to the grading plan to
accommodate them.
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Pla~ming Commission Minutes August 18, 2003
Osmek was concerned with the Southview and Lynwood traffic issues. Have we done any
analysis regarding additional control? Cameron didn't believe he had been requested to do any
analysis. He can look at i.t for review at the City Council meeting. Sanitary sewer is sufficient
and a watermain loop through the area will help clear up existing problems. Osmek commented
about the electric service issue brought up by a current resident at last meeting. Cameron said he
assumed that the service will be placed underground and problems should be addressed to Xcel
at that time. Cameron said that additional storm sewer pipe size could handle the additional flow
but data needs to be collected in order to establish proper sizing. This should be done between
preliminary and final approval.
Chuck Alcon, applicant, said that wetland calculations will be done shortly as Cameron provided
as-builts for the northern development and Rottlund. They have interviewed the homeowner in
the area. If the calculations indicate the pond is insufficient we will recommend a culvert be
placed to eliminate some of the concerns. We don't think it's insurmountable.
Trail alignment will run between Lots 11 and 12, run slightly into the wetland buffer and
continue south. Previously there was concern about removal of vegetation on the southwest edge
of the property. It has been addressed.
The house at northeast corner complained about wet basement. The propOsed grading should
take care of whatever it is. The corner radius at Chestnut and Southview has been resolved.
Electric power is a size consideration for Xcel Energy. Service will be underground from the
street, probably common trench with gas and telephone. They will be removing the series of
pine trees and replacing with 10-12' spruce trees that have a lower level of screening for buffer.
Trees will be added, at least 1 tree per lot fol' boulevard trees.
Schwingler asked if the 3 to 1 grading should take care of the water flowage to the north? Alcon
didn't think there was a flow that direction but we are going to make sure that the problem is
solved.
Brenda Stuhr - 6169 Lynwood Blvd - They have a drainage ditch next to Mill Pond Road that
goes into the Lake Langdon wetland area. She's had water in the house and the back property is
unusable because of all the water. When Rottlund came in the water flowed back into their
backyard. Her biggest concern is having water in the basement again. The bushes on Southview
and Lynwood are a site concern with all the children in the area. We need some kind of control
with the steep hill involved. She was concerned with saving the trees we have. There are several
trees that look like they can be saved.
Osmek observed that Minnetrista is expanding and will only increase number of people on
Lynwood.
Stuhr said more kids are walking to school because of the decreased busing. Every winter at that
corner of Southview and Lynwood the water main breaks. If they are adding homes that should
be a consideration as well. Osmek reminded her that it is a county road so that impacts what can
be done.
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Plamfing Commission Minutes August 18, 2003
Kevin Wells, 2205 Mill Pond Lane - He verified that Stuhr's backyard is still spongy.
Additional waters are going into the wetland with the Rottlund development and now this one.
Someone should fill in right behind the Stuhr's property. Bring it up so the water wouldn't roll
back that direction. It is odd that the study had not been done prior to the Rottlund development
as well as a follow up to see what the actual impact was. He's hoping that if their drainage plan
does not work that something will be done to correct it. Write it into an agreement with an
appropriate time frame.
Schwingler asked if Chuck had interviewed him. Wells indicated that neither he nor Brenda or
another neighbor on the block had been contacted. Alcon cannot understand why Mill Pond isn't
draining. Cameron said it isn't the first time he's heard there is a problem with the drainage
ditch. It's been a wet area since he can remember. He's going to check some elevations to try
and understand what is happening.
Osmek thinks that the drainage for the houses on Lots 4, 5, 6 and 7 will be the concern.
Scott Hoiseth, 6100 Sugar Mill Lane - He is concerned with drainage from Lots 8, 9 and 10. If
5, 6 and 7 is going south and west he is the adjacent property owner. He thinks Rottlund should
have looked at it previously. Alcon said 8, 9 and 10 are designed to flow south east and not drain
into the Rottlund area at all.
Christine Anderson, 2231 Southview Lane - Traffic is her major concern. She remembers
Osmek talking about Southview and Lynwood. Neighbors have a general feeling that there was
no use in coming because it would go through anyway. This development will triple the amount
of traffic on Southview. She's opposed to the development. Power is still an issue.
Chair Michael closes the Public hearing.
Discussion
Osmek stated that the developer has heard clearly the issues that need to be addressed. Someone
needs to take a proactive approach with Xcel. Alcon said he would like to meet with some of
these residents to get the electric issue resolved. We need to sit down with Cameron after the
calculations are finished and address the Mill Pond Lane drainage issue. He hears the message
about storm water calculations. Osmek thinks that the Rottlund development is exacerbating the
Mill Pond issue.
Schwingler doesn't like to see 13 lots on this small property.
MOTION by Michael, seconded by Schwingler, to recommend approval of the preliminary plat
with the modified trail approach and preliminary landscape plan as presented with drainage
calculations and plan before approval of the final plat.
MOTION carried unanimously
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Plamxing Commission Minutes
Augusl 18, 2003
A public hearing will held at the City Council meeting on September 9th.
6. OLD / NEW BUSINESS
a. Review of tax-forfeit- PID No. 13-117-24-11-0064
Tom Aune, 5011 Enchanted Road
City staff actually initiated this review. The various departments have commented. The POSAC
has recommended approval. Cameron would like this particular case not to be acted upon by the
Planning Commission until he has a chance to do more extensive review.
Cameron said the catch basin and inlet for the storm sewer is in a prohibitive area. He requested
extra time to review.
MOTION by Osmek, seconded by Hasse, to table action on this item, MOTION carried
unanimously.
b. Review of tax-forfeit- PID No. 19-117-23-33-0128
Hennepin County
This property was released to the adjacent owners in 1992. Hennepin County asked the city to
look at this one again. POSAC had no issues with it. It is undersized. If released it should be
combined with an adjacent parcel. There appears to be some road easement on it. It would need
to be subdivided in some way. If there is no response from the city it would be offere, d for public
sale. IfHennepin County offers it for sale would it be offered only to adjacent property owner?
Smith stated that we should make that stipulation.
MOTION by Osmek, seconded by Schwingler, to approve the request with the same restrictions
as in 1992.
MOTION carried unanimously.
c. City Council Update- Dave Osmek
The Longpre building is down. City Council did change the Comprehensive Plan for Chateau
and Fairview although the point was made by Osmek that it would make more sense to change
the zoning and the Planning Commission felt that way as well. The Lost Lake Greenway project
is approved under the original budget. Construction should start in the next couple of months.
Gillespie got approval for their sign.
d. Discussion - Commission dates for December, 2003
December 15th meeting scheduled.
e. Discussion - Commission dates for September, 2003
8
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Planning Co~nmission Minutes August 1§, 2003
September 15th meeting scheduled.
Smith referred to the tax forfeit (Brunswick) issue that was questioned in a previous meeting.
That sale was restricted to abutting property owners only. That's why it didn't come to the
Planning Commission. Future tax forfeit items will come to the PC.
Ayaz asked about 4717 Island View. The City has proceeded with abatement of unsafe
conditions and secured the buildings. There is no need for condemnation at this time.
ADJOURNMENT
MOTION to adjourn by Hasse, seconded and carried by affirmation.
Chair Geoff Michael
Attest, Planning Secretary
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