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1993-01-26CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING 7:30 P.M., TUESDAY, JANUARY 26, 1993 CITY COUNCIl. CHAMBERS Se PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE JANUARY 12, 1993, REGULAR MEETING AND THE JANUARY 19, 1993 COMMITTEE OF THE WHOLE MEETING. PG. 274-291 REQUEST FROM SEVENTH GRADE CLASS - OUR LADY OF THE LAKE SCHOOL - POPULATION SIGN FOR CITY. PG. 292 PROCLAMATION FOR VOLUNTEERS OF AMERICA WEEK MARCH 7-14, 1993. PG. 293-296 PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT AND BAR FOR "HEADLINERS BAR & GRILL" IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5241 SHORELINE DRIVE. PG. 297-320 PUBLIC HEARING TO CONSIDER AN APPLICATION FOR AN "ON-SALE" INTOXICATING LIQUOR LICENSE FOR MARK SALITERMAN & BILL FEEHAN, DBA HEADLINERS BAR & GRILL, 5241 SHORELINE DRIVE. (THIS PUBLIC HEARING WAS CONTINUED FROM JANUARY 12TH TO COINCIDE WITH THE CONDITIONAL USE PERMIT HEARING.) PG. 321-324 CONSIDERATION OF MISCELLANEOUS LICENSES - HEADLINERS BAR & GRILL: - RESTAURANT - CIGARETTE - JUKE BOX - POOL TABLES - ENTERTAINMENT - DINNER DANCE PG. 325-330 REQUEST TO ADDRESS THE COUNCIL FROM RESIDENTS RE: TEAL POINTE DEVELOPMENT. PG. 331-335 271 10. 11. 12. 13. 14. 15. 16. 17. RESOLUTION REGARDING TEAL POINTE DEVELOPMENT. BLOCKS 10, 11, 15 & 16, WHIPPLE, PID #25-117-24 12 0225, 0118, 0119, 0120. REQUEST: PRELIMINARY PLAT FOR PLANNED DEVELOPMENT AREA, & VARIANCE. PG. 336-347 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT CONTINUED PUBLIC HEARING: ZONING CODE MODIFICATIONS AND SHORELAND MANAGEMENT ORDINANCE. USE INSERT PG. 348-353 SET DATE FOR PUBLIC HEARING FOR ZONING CODE MODIFICATIONS AND SHORELAND MANAGEMENT ORDINANCE. (SUGGESTED DATE: FEBRUARY 23, 1993) PG. 354 REVIEW OF PRELIMINARY ENGINEERING REPORT - PROPOSED STORM SEWER IMPROVEMENT - COTTONWOOD LANE/DAKOTA RAIL, JOHN CAMERON, CITY ENGINEER. PG. 355-370 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $790,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1993A. SEE INSERT PG. 371-373 RESOLUTION GROUND WATER PLAN PG. 374-376 PAYMENT OF BILLS PG. 377-395 INFORMATION/MISCELLANEOU~ Planning Commission Minutes of January 11, 1993. PG. 396-399 The Business/Professional Council of the Chamber will meet on February 2, 1993, at the Mound VFW, 11:45 A.M. The Police Chief and I will be there to talk about cross- walks. Please let me know if you will be able to attend. LMCD "Save the Lake" Recognition Banquet, Thursday, February 11, 1993, 6:15 P.M., Lord Fletcher's of the Lake. Please let the LMCD know by February 5, 1993, if you plan to attend. PG. 400-401 De Invitation to celebrate Wally Clevenger Day at Minnetrista City Hall, Sunday, January 24, 1993, from 2:00 to 4:30 P.M., Program at 2:30 P.M. PG. 402 272 MINUTES - MOUND CITY COUNCIL - JANUARY 12, 1993 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 12, 1993, at 7:30 P.M. in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, City Engineer John Cameron, City Planner Mark Koegler, Building Official Jon Sutherland, Police Chief Len Harrell, Police Officers Troy Dennison and Jason Swenson and the following interested citizens: Ruben Hartman, Shelly Dorion, Julie Lilledahl, Thomas Albert, Frank & Betty Weiland, Neil Weber, John Bessesen, Jean Robinson, John & Laurene Edewaard, Sara & Brad Biermann, Ron & Mary Motyka, Duane Bemert, Harold Meeker, Nancy Clough, Pam & Orville Osgood, Larry Wadell, Tom Casey, James Brunzell, Jeffry Deaver, Peggy Darst, Shaun Darst, Glenn Melena, Todd Rask, Ron Norstrem, and Harvey Berquist. The Mayor Elect opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. The City Clerk administered the Oath of Office to Mayor Elect Skip Johnson and Council Members Elect Andrea Ahrens and Phyllis Jessen. 1.0 MINUTES MOTION made by Smith, seconded by Jessen to approve the minutes of the December 8, 1992, Regular Meeting, the December 9, 1992, Budget Hearing and the December 17, 1992, Special Meeting, as presented. The vote was unanimously in favor. Motion carried. Police Chief Len Harrell introduced the two new Police Officers Troy Dennison and Jason Swenson. 1.1 REQUEST FROM SEVENTH GRADE CLASS - OUR LADY OF TwR LAKE SCHOOL - POPULATION SIGN FOR CITY The City Manager stated that this item will be taken up at the January 26, 1992, Meeting. 1.2 SET PUBLIC HEARING TO CONSIDER TwR ISSUANCE OF A CONDITIONB?. USE PERMIT FOR A CLASS III RESTAURANT AND BAR FOR "HEaDLINER~ BAR & GRILL" IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5241 SHORELINE DRIVE. (SUGGESTED DATE: JANUARY 26, 1993t 7:30 P.M.) The City Manager explained that this needs to be reset to coincide with the public hearing on the Liquor License Application. 1.3 MOTION made by Jensen, seconded by Smith to set January 26, 1992, for a public hearing to consider the issuance of a Conditional Use Permit for a Class III restaurant and bar for ,,Headliners Bar & Grill in the B-1 Central Business Zoning District at 5241 Shoreline Drive. The vote was unanimously in favor. Motion carried. CONTINUE THIS PUBLIC HEARING TO CONSIDER ANAPPLICATION FOR AN "ON-SALE" INTOXICATING LIQUOR LICENSE FOR MARK SALITERMAN & BILL FEEHAN, DBA HEADLINERS BAR & GRILL, 5241 SHORELINE DRIVE The City Manager explained that this needs to be reset to coincide with the public hearing on the Conditional Use Permit. MOTION by Ahrens, seconded by Jessen to continue this public hearing to consider an application for an ,,On-Sale" Intoxicating Liquor License for Mark Saliterman and Bill Feehan, DBA Headliners Bar & Grill, 5241 Shoreline Drive until January 26, 1992. The vote was unanimously in favor. Motion carried. 1.4 PUBLIC HEARING: NEIL WEBER FOR TEAL POINTE DEVELOPMENT CO. - CONSIDER A REQUEST TO VACATE PARTS OF COBDEN LANE AS DESCRIBED FOR TN~ PROPOSED PLANNED DEVELOPMENT AREA NAMED ,'TEAL 1.5 POINTE" CONTINUED PUBLIC NEARING: CASE ~92-060, 061, 062 & 063: NEIL WEBER FOR TEAL POINTE DEVELOPMENT CO., BLOCKS 10, 11, 15 & 16, WHIPPLe, PID #25-117-24 12 0225, 0118, 0119, 0120 - REQUEST: PRELIMINARY PLAT FOR PLANNED DEVELOPMENT AREA, & V&RIANCE The City Planner explained that there are two items: the public hearing on the street vacation which needs to occur prior to any action on the second half of the item which is a continued public hearing on the conditional use permit and the preliminary plat. The two issues are so intertwined because the reason for the vacation is the subdivision. So that if you find favor with the subdivision, it may have some bearing on your decision in the street vacation. If you do not approve the subdivision, then the vacation is not necessary. You need to take action in sequential fashion, i.e. vacation and then preliminary plat. He explained that the vacation is for parts of Cobden Lane from Waterbury to Drummond. He then reviewed the subdivision plan as follows: Windsor Road to be extended as a public street into the property terminating in a cul-de-sac. Windsor Road will serve lots 4 through 9. Lots 1-3 will be served by a private roadway/driveway that is label as Outlot A. Windsor Road has a proposed 40 foot right-of-way with a paved area of 18 feet. The proposed street will match the existing width of Windsor Road. The private driveway on Outlot A will have a width of 22 feet which matches the existing width of Drummond Road. He stated the City Engineer will talk about the street construction and utility issues. The average lot size is 12,800 square feet. The R-2 zone requires a minimum lot size of 6,000 square feet. The proposal involves a number of approvals. These requested approvals are: Approval of a conditional use permit to establish Teal Pointe as a Planned Development Area (PDA). The permit is also necessary to address the issue of establishing Outlot A as a private street. Approval of the preliminary plat for Teal Pointe. approval includes the following variances: This aL Street frontage variances for Lots 1-3 because they would front on a private street rather than on an improved public street. bo Cul-de-sac length variance for Windsor Road because the ordinance limits cul-de-sacs to 500 feet in length and as proposed, Windsor Road would have a total length of approximately 720 feet. Co A variance for the right-of-way widths for Windsor Road including the cul-de-sac bubble. The plan calls for a ROW width of 40 feet instead of the required 50 feet and a cul-de-sac bubble radius of 40 feet in lieu of the required 50 feet. aL A variance on the paved area of the cul-de-sac bubble. A 35 foot radius compared to the normal 40 foot standard paved radius. o Approval of the vacation of portions of Cobden Lane. The developer has incorporated the requested vacated portions of Cobden Lane into some of the lots of the subdivision. There was an issue raised at the last Council hearing and was addressed by the Planning Commission dealing with this site and how it would be considered under the City pending Shoreland Management Ordinance. This ordinance has to be in effect by May 10, 1993. That public hearing will be held January 26, 1993. The State Rules regarding shoreland and the proposed ordinance do have standards in them regarding steep slope areas. The proposed ordinance prohibits development in areas that are classified as bluffs (>30% slope). Virtually all of Lots 1, 2, and 3 would be unbuildable if this particular property were proposed after the shoreland ordinance was in effect. He explained there are 3 outlots: Outlot A - would be a private street; Outlot B - is a designated wetlands; Outlot C - the Planner suggested this be incorporated with lot 9. The Planner stated that if the action is to approve the subdivision in it present form or some modified form, then the appropriate action by the Council would be to direct Staff to put together a resolution that would reflect all the terms and conditions that might be brought forward. The City Engineer reviewed his report. He reported that one of his conditions was that the developer furnish documentation allowing fill to be place on adjacent private property. Since that time the developer has given the City some information on retaining walls. The Engineer stated he would need additional information on these walls before he would say it is going to work. The city Engineer stated that final plans for the storm sewer system will need the approval of the Minnehaha Creek Watershed District before the final plat is approved. The City Engineer stated that if the plat is not approved then the street vacation should not be recorded. Drainage and utility easements would be kept on Cobden if vacated. The Building official stated that the extra $1,000 for escrow has been submitted. Neil Weber, developer, showed slides of the Teal Pointe area. He stated he plans quality housing on large lots. He stated that Outlot C could be incorporated into Lot 9; he has no problem with that. The Mayor asked to take a 2 minute break. RECYCLOTTO WINNER The Mayor presented Shaun Darst, 4719 Bedford Road, with 100 Westonka Dollars for recycling the week of 1/4/93. R~SUME TEAL POINTE HEARINGS The Mayor opened the public hearing to consider the vacation of portions of Cobden Lane from Waterbury to Drummond. Mr. Meeker read a letter from Mr. & Mrs. Rogers against the vacation of subdivision because of it being a natural wildlife area. Ruben Hartman asked that the Planning Commission Minutes be corrected to reflect that he was not in favor of the subdivision or vacation. Brad Biermann read the following petition signed by 35 persons: "I, (we), wish to make it be known, that as a concerned citizen of Mound, I am not in favor of what has become to be known as the "Teal Pointe Development". I feel that the streets of Phelps Island are becoming increasingly unsafe, and that the addition of more traffic would further complicate this all ready growing problem. I am also against the vacation of Cobden Lane and any other public property for this project, and believe the City should retain this land as much needed green space for the benefit of its citizens." Nancy Clough stated she is submitting a letter written by Neil & Patti Weber, dated 3/23/88, stating that, "It is our hope to fence in all of our property as a wildlife habitat." She also stated that Mr. Weber also assured her in May of 1986 that his plans for the old Hiller property was to leave it as it was for wildlife and its natural beauty and that he had not plans now or in the future to develop that property. The following persons spoke against the vacation subdivision for the following reasons: and the Harold Meeker, 5132 Waterbury Road Ruben Hartman, 5124 Windsor Road Pam & Orv Osgood, daughter & son-in-law of Glen & Alice Rogers, 17525 - 12th Ave. No. Plymouth Brad Biermann, 5106 Windsor Road John Edewaard, 5125 Hanover Road Glen Melena, 5139 Windsor Road Jim Brunzell, 5111 Windsor Road Nancy Clough, 5132 Waterbury Road Ron Norstrem, 4957 Island View Drive Harvey Berquist, 5038 Sulgrove Road Todd Rask, 5109 Drummond Road Jean Robinson, 5110 Windsor Road Reasons: 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Loss of natural wildlife area. Increase in traffic that would be created by the subdivision. Don't want property taxes to go up. Upset the natural watershed. Much needed green space will be gone. Against the retaining wall that would be put up on Windsor Road. Not a big enough parcel for 9 homes. New houses aren't going to fit into the neighborhood. Loss of mature trees. May be Indian mounds on the property. Vacation is not in the public interest. Environmentally sensitive area. 2 protected species of wildlife. Should be making the developer conform to the shoreland management ordinance that will be in effect in May. This project will ruin the area. Wetlands are a major spawning area adjoining Phelps Bay and if this is developed may be dredged. Concern about lift station failure. The Mayor read a letter sent by Richard Kolosky that was in favor of the development. Tom Casey, attorney representing the neighbors, stated that the way he interpreted MN. Statute 412.851, the DNR should have been notified of the vacation of Cobden Lane because it abuts the wetlands at Waterbury Road. He questioned what the public interest was to vacate Cobden Lane stating that the only one benefiting was the developer who will incorporate the vacated land into some of his lots. He stated concerns about sedimentation, water runoff, effects on the wetlands, housing density, possible dredging of the wetlands and increase in taxes. He submitted a fax from the Institute for Minnesota Archaeology which stated that they have mapped three Indian mounds in Section 25 in the late 1880's, but they did not have time to gather any further information. He asked that some kind of study be done on the indian mounds before any action is taken on this subdivision. Mr. Casey further stated that another petition is being circulated and is on the way to the City for an Environmental Assessment Worksheet (EAW). He has the original with 25 signatures, to satisfy the state law, and will be sent to the Environmental Quality Board (EQB) and they will review this and give an opinion of whether this needs an EAW. Mr. Casey asked that approval of this subdivision be slowed and the items he has brought up be dealt with in a very careful manner. Neil Weber, developer, stated that it is a matter of public record that he bought Blocks 15 & 16 before he brought his house on Windsor Road. It is also a matter of public record that he submitted a sketch plan to the Planning Commission and Council for review before he purchased the property in 1985. He stated it has always been his intention to do something with that property. The fence that was put up on the property was to limit his liability. Mr. Weber further stated that if the Council feels the vacation of Cobden Lane is not in the public interest, that is fine. The vacation is not necessary for the development of his property. He asked that if it is not vacated that the City maintain Cobden Lane because both sides of it will be developed. He stated as far as the EAW, that can be done. At this point, all the runoff from Windsor Road goes right down into the wetlands uncontrolled. If developed the runoff would go into manholes and into a holding pond. The development would also have to meet the hardcover portion of the ordinance. What the development would do is control the runoff. Mr. Weber stated that it is extremely unlikely that there are any Indian mounds on this particular piece of ground. That was based on the fact that it is right off a wetlands area that traditionally indians did not view as honorable for burial sites. The State Archaeologist will ask that if anything is found during excavation, they be notified. That would be done. Ms. Clough stated that Mr. Rogers who has lived in the area since 1914, has told her that at one time this property did abut Lake Minnetonka and because of various earth movements and storms that strip of land formed across the marsh. She stated that this would refute Mr. Weber's theory about the Indian mounds because typically they would abut the lake. The Council discussed lots 1-3 that would not be buildable if the shoreland management ordinance was in place because of the bluffs. The City Planner stated that in a discussion with the City Attorney, that anything the Council felt was reasonable that applied to a pending ordinance could be a condition of the permit. Mr. Weber stated that there could be 11.5 lots in this area. What he has tried to do is keep the density down by spreading them out and having only 9. He stated that was the concept of the PDA to allow flexibility based on the unique design. The Council discussed how much of Cobden Lane is to be vacated. The consensus was that the vacation is not needed for the subdivision. Mr. Weber asked that the vacation of Cobden Lane from Windsor to Waterbury be deleted from the request. The Mayor read a portion of Mr. Weber's letter dealing with if the neighborhood or the City would be interested in purchasing the land for a park or nature area, they would entertain a valid purchase agreement with earnest money. The Mayor stated the City does not have the money to purchase the property. The Council stated that they understand the public concern, but that the property is privately owned and the developer also has rights. They stated that if the neighbors know of a way to purchase this and dedicate it to the City that would be wonderful, but if that doesn't happen and it remains under private ownership with the right to develop something then the Council has the responsibility to see that the best thing be done for the property. Mr. Weber stated he does not know at this point how much they would take for the property. He further stated that if there is a qualified buyer, they would consider selling and come up with a price. The Council discussed the vacation and the subdivision. The Planner stated that the drawing that was submitted assumes that the vacation will occur. If that does not happen, the Council has several options: 1. To table and have a new plat drawing prepared that reflects no vacation; or 2. Make the new plat drawing a condition of any approval. The Council decided to specifically deal with the vacation issue first. The Council discussed which parts of Cobden Lane could be vacated. Mr. Weber stated the he is changing his request for the vacation of Cobden Lane by deleting the portion south from Windsor Lane to Waterbury. The City Engineer pointed out that there is a separate description for each piece of Cobden Lane to be vacated. The Mayor closed the public hearing. Smith moved and Ahrens seconded the following: RESOLUTION #93-1 RESOLUTION TO VACATE COBDEN LANE FROM DRUMMOND ROAD TO WINDSOR ROADt SUBJECT TO APPROVAL OF THE FINAL PLAT The vote was 3 in favor with Jensen and Johnson voting no. Motion fails because a 4/5 vote is required for passage. The Mayor reopened the public hearing on the Teal Pointe Development. The Council discussed the following conditions if this preliminary plat is approved, the approval would be contingent upon certain conditions. EAW - the Council discussed requiring an Environmental Assessment Worksheet even if the EQB does not require one. Indian burial grounds - the Council discussed requiring some kind of proof (a letter from the Minnesota Archaeologist) that there is no indian burial ground on the property before allowing the development to happen. Retaining walls along Windsor Road - that the developer prove to the City Engineer that the retaining walls he is proposing will work. Consideration of Lots 1, 2 & 3 - Council discussion on the bluffs and the shoreland management ordinance. There was also discussion eliminating these lots. Mr. Weber stated they would have to go back and look at the numbers and the number of lots might increase in Blocks 15 & 16. 0 The plat would have to be amended to reflect the fact that Cobden Lane was not vacated. Mr. Casey asked that the Council require an EAW as per Section 330:05, Subd. 7 of the City Code. Mr. Casey also stated that he did not feel that the variances requested are in the public interest nor that they meet the variance criteria. He stated he felt if the developer could do his development without the variances and conditional use permit, then it could work. The following persons also spoke against the subdivision: Meeker, Orv Osgood and Brad Biermann. Harold The Mayor closed the public hearing. MOTION made by Smith, seconded by Ahrens to direct staff to prepare a resolution of approval for the preliminary plat of Teal Point· contingent upon the following items: The developer completing an Environmental Assessment Worksheet and if the Environmental Quality Board determines that it is appropriate, Mr. Weber would have to do an environmental study. That the developer get a more updated survey (something in writing from the State Archaeologist) of the Indian burial grounds in Section 25 to determine if any of those are within the proposed development. That the City Engineer approve the retaining wall plan proposed by the developer . Plus all the conditions in the reports of the City Planner and City Engineer. That the preliminary plat be redrawn without the vacation of Cobden Lane. Included in the resolution should be some findings to backup the variances that are being requested. The vote was 4 in favor with Mayor Johnson voting no. Motion carried. This will be brought back at the January 26th Meeting. 1.6 DISCUSSION: CROSSWALKS' The Police Chief reviewed his report, stating that lighting was not the issue in the December fatality. He stated that we have 9 crosswalks in less than a one square mile area. There have been 17 crosswalk related accidents since 1989, and 14 of these happened during daylight hours. 5 involved pedestrians being struck. He stated he has to look at this as a public safety issue. His recommendation is to remove all mid-block crosswalks, including the crosswalk at the House of Moy and at the Post Office and make one crosswalk at Belmont Lane. If the Council does not feel this will be palatable, then look at having one crosswalk from the parking lot to the bus shelter as a compromise. Two of the criteria in a recent study on crosswalks are: - for midblock crosswalks, block length + or - 600 feet - minimal conflicting attention demands Tom Johnson, Hennepin County, stated that he agreed with Chief Harrell and his recommendations. The Council agreed with the recommendations. The City Manager and the Police Chief will talk to the Business and Professional Council at a meeting on February 2 about the recommendations. No action was taken at this time. CouncilmemberAhrens removed herself from the Council. 1.7 CASE ~92-069: FRANK & ANDREA AHRENSt 4673 ISLAND VIEW DRIVE, LOT 17 & 1/2 OF 18, BLOCK 1, DEVON, PID ~30- 117-23 22 0008, VARIANCE The Building Official explained the request. Councilmember Jensen stated that she would like to see the first part of #4 in the proposed resolution removed. This reads as follows: "It is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land:". The City Attorney stated that the description of the structure could be attached to #3 in the proposed resolution. The Council agreed. Smith moved and Jensen seconded the following resolution: RESOLUTION %93-1 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING EXISTING NONCONFORMING ACCESSARY STRUCTURES TO ALLOW CONSTRUCTION OF A CONFORMING ACCESSORY STRUCTURE AT 4673 ISLAND VIEW DRIVE, LOT 17 AND PART OF 18, BLOCK 1, DEVON, PID %30-117-23 22 0008, P & Z CASE %92-069 AS AMENDED The vote was 4 in favor with Councilmember Ahrens abstaining. Motion carried. 1.8 CASE %92-070: DAVE TAYLOR, 5991 RIDGEWOOD ROAD, LOT 14 m PART OF 13 & 15, BLOCK 6, THE HIGHLANDS, PI~ ~23-117-24 43 0028, VARIANCE The Building Official explained the request. This is not a request for a new variance. It is recognizing an existing nonconforming accessory structure. Jensen moved and Ahrens seconded the following resolution: RESOLUTION %93-2 RESOLUTION TO APPROVE A VARIANCE RECOGNIZING AN EXISTING NONCONFORMING ACCESSORY BUILDING TO ALLOW CONSTRUCTION OF A CONFORMING ADDITION TO THE PRINCIPAL DWELLING AT 5991 RIDGEWOOD ROAD, THAT PART OF LOT 13, LOT 14 AND PART OF LOT 15t BLOCK 6, THE HIGHLANDS, PID %23-117- 24 43 0028, P & Z CASE %92-070 The vote was unanimously in favor. Motion carried. 1.9 SET PUBLIC HEARING TO CONSIDER A REQUEST TO VACATE A PORTION OF WINDSOR ROAD FOR MARK & JULIE LILLEDAHL, 3233 TUXEDO BLVD., LOTS 15, 16 & 17, BLOCK 13, WHIPPLE Motion made by Jessen, seconded by Ahrens to set February 9, 1993, at 7:30 P.M. for a public hearing to consider a request to vacate a portion of Windsor Road for Mark & Julie Lilledahl, 3233 Tuxedo Blvd., Lots 15, 16 & 17, Block 13, Whipple. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. 1.10 RECOMMENDATION FROM PARKS & OPEN SPACE COMMISSION RE: VACANCY - STEVE KIRSHBAUM Johnson moved and Smith seconded the following resolution: RESOLUTION #93-3 RESOLUTION APPOINTING BTEVE KIRSHBAUM TO THE PARK & OPEN SPACE COMMISSION TO FILL THE UNEXPIRED TERM OF JOY EISCHEID - TERM EXPIRES 12/31/93 1.11 RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMISSION RE: VACANCY - STAN DRAHOS Ahrens moved and Jensen seconded the following resolution: RESOLUTION #93-4 RESOLUTION APPOINTING STAN DRAHOS TO THE ECONOMIC DEVELOPMENT COMMISSION TO FILL THE UNEXPIRED TERM OF BEN MARKS - TERM EXPIRES 12/31/94 The vote was unanimously in favor. Motion carried. 1.12 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN LEASE WITH MARK SALITERMAN RE: MUNICIPAL LIQUOR BTO~R The City Manager explained that the lease expired 12/31/92 and that the terms of the proposed lease are not changed. It is a 3 year lease which will expire December 31, 1995. Ahrens moved and Smith seconded the following resolution: RESOLUTION %93-5 RESOLUTION AUTHORIZING THE MAYORAND CITY MANAGER TO SIGN A LEASE WITH MARK SALITERMANFOR THE MUNICIPAL LIQUOR STORE The vote was unanimously in favor. Motion carried. 1.13 APPOINTMENT OF ACTING MAYOR FOR 1991 Johnson moved and Jessen seconded the following resolution: RESOLUTION %93-6 RESOLUTION APPOINTING LIZ JENSEN ACTING MAYOR FOR 1993 The vote was unanimously in favor. Motion carried. 1.14 APPOINTMENT OF ACTING CITY MANAGER Smith moved and Johnson seconded the following resolution: RESOLUTION %93-7 RESOLUTION APPOINTING CITY CLERK FRAN CL~RK ACTING CITY MANAGER FOR 1993 The vote was unanimously in favor. Motion carried. 1.15 DESIGNATION OF OFFICIAL NEWSPAPER Smith moved and Jessen seconded the following resolution: RESOLUTION %93-8 RESOLUTION DESIGNATING THE LAKER THE OFFICIAL NEWSPAPER FOR 1993 The vote was unanimously in favor. Motion carried. APPROVAL OF OFFICIAL BONDS Jensen moved and Ahrens seconded the following resolution: 1.16 RESOLUTION %93-9 RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY TREASURER/ FINANCE DIRECTOR The vote was unanimously in favor. Motion carried. Jessen moved and Ahrens seconded the following resolution: 1.17 RESOLUTION %93-10 RESOLUTION APPROVING THE PURCHASE OF A $20,000 BOND FOR THE CITY CLERK The vote was unanimously in favor. Motion carried. 1.18 DESIGNATION OF OFFICIAL DEPOSITORIES Smith moved and Ahrens seconded the following resolution: RESOLUTION %93-11 RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 1993 The vote was unanimously in favor. Motion carried. 1.19 APPOINTMENT OF COUNCIL REPRESENT&TIVES TO V~RIOUS COMI(ISSION~ Smith moved and Jessen seconded the following resolution: RESOLUTION %93-12 RESOLUTION APPOINTING ANDREA ~HRENS TO THE PARK COMMISSION; LIZ JENSEN TO THE PLANNING COMMISSION; AND KEN SMITH TO THE ECONOMIC DEVELOPMENT COMMISSION (EDC) AS COUNCIL REPRESENTATIVES FOR 1993 The vote was unanimously in favor. Motion carried. 1.20 COMMISSION REAPPOINTMENTS Smith moved and Jensen seconded the following resolution: RESOLUTION %93-13 RESOLUTION REAPPOINTING THE FOLLOWING PERSONS= GEOFF MICHAEL, MICHAEL MUELLER AND FRANK WEILAND TO THE PLANNING COMMISSION; MARILYN BYRNES AND CAROLYN SCHMIDT TO THE PARKS & OPEN SPACE COMMISSION; AND PAUL MEISEL AND JERRY PIETROWSKI TO THE ECONOMIC DEVELOPMENT COMMISSION - 3 YEAR TERMS - EXPIRING 12/31/9s The vote was unanimously in favor. Motion carried. 1.21 PAYMENT OF BILLS MOTION made by Jensen, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $231,710.76, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCEL~EOUS Ae B. C. D. Fo Department Head Monthly Reports for December 1992. LMCD Representative's Report for December 1992. L.M.C.D. mailings. Financial reports as prepared by Gino Businaro, Finance Director, for the months of October and November, 1992. Financial reports as prepared by Gino Businaro, Finance Director, for the months of August through November, 1992. Planning Commission Minutes of December 14, 1992. Parks & Open Space Commission Minutes of December 10, 1992. Ho Jo Ko Lo Mo Letter dated December 14, 1992, from Knutson Services, Inc. re: amendments to existing recycling contract per our discussion last month. Letter dated December 9, 1992, from Hennepin County re: County's review and evaluation process of new tax increment financing plan. Letter dated December 4, 1992, from Don Fraser, Mayor of Minneapolis and current President of the National League of Cities (NLC) re: NLC's adopted economic recovery plan. Mr. Fraser is looking for letters of support to be written to President Clinton, Representative Rod Grams, Senator Dave Durenburger and Senator Paul Wellstone. Letter dated December 21, 1992, from Captain Larry Peterson, Sheriff's Water Patrol regarding his appreciation to the Mound Fire Department regarding a recent snowmobiling accident on Lake Minnetonka. Letter dated January 4, 1993, from Mayor Vern Haug, Tonka Bay re: concerns about MWCC charges to lake area cities. R~MINDER: COW Meeting, Tuesday, January 19, 1993, 7:30 P.M. City Hall. Enclosed is a copy of the "Summary Report" on the city Council and Staff's last goal setting retreat held April 6, 1991. This item will be on the COW agenda along with several others for discussion. Please bring this report with you 1/19/93. I will provide additional information at the COW meeting on this subject. N. Economic Development Commission Minutes of December 17, 1992. Oo LMCD Information. MOTION made by Ahrens, seconded by Smith to adjourn at 12:15 a.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk To 14horn It May Concern: Januarg 4, 1993 14e, the ?th grade class of Our Laded oF the Lake School u~ould like to Petition to have our Citg of Mound Signs reflect our population count. He request to be on the agenda Tuesdag, Januarg 12, 1993 to ask what steps we might take next to see this project through. Sincerel~d, ?th Grade Class Our Lad~ of the Lake School SAMPLE PROCLAMATION VOLUNTEERS OFAMERICAWE~.K March 7-14~ 1993 WHEREAS, the Volunteers of America, a Christian human service organization, is celebrating its 97th year of service to the people of Minnesota and the nation; it is therefore certainly appropriate for us, the City of CITY NAME, to join in the observance of this milestone with the commemoration of March 7-14,-1993 as Volunteers of America Week; and, WHEREAS, the Volunteers of America is making a valuable contribution by providing these services to adults and the elderly: 5 homes for mentally disabled, mentally ill, chemically dependent and/or elderly adults; congregate dining for seniors at 45 sites in Anoka and Hennepin Counties; home delivered meals for persons 60 years of age and over; semi- independent riving services and supported living services; 3 housing complexes for families, the handicapped, and the elderly; and 4 long-term health care facilities; and, ' W~EREAS, the Volunteers of America provides these services for children and youth: 6 programs serving autistic, autistic-like, and/or development-ally disabled children and youth; a children's emergency shelter; in-home services; 59 foster treatment homes and correction group homes; a residential treatment center for emotionally handicapped boys; a specialized behavioral program for boys with severe problems; short-term after care for youth with special needs; and V/lqFERE~, the Volunteers of America provides 2 correctional services: a pre-release and work- release correctional program serving men; and a women's jail, workhouse and work-release correctional program; and, WHEREAS, the Volunteers of America, through its dedicated staff and volunteers and the many people who help support their work through f'mancial contributions make a significant impact on the lives of people in CITY NAME.; and, WHEREAS, the Volunteers of America is commemorating its founding in 1896 and urges others to join them in bridging the gap between human needs and the resources of the public and private sector; NOW, THF~, BE IT RESOLVED, that I, MAYORS FULL NAME.., Mayor of the City of CITY NAME, do hereby proclaim the week of March 7-14, 1993, as VOLUNTEERS OF AMERICA WEEK IN CITY NAME AND, BE IT RESOLVED, that copies of this proclamation be transmitted to the Volunteers of America as evidence of our esteem. IN WITNESS WtlE~F, I have hereunto set my hand and caused the Great Seal of the City of CITY NAME to be affLxed this ~ day of in the year of our Lord one thousand nine hundred and ninety three. MAYOR JAN 1. 9 1993 VOLUNTEERS OF AMERICA MINNESOTA 5905 Golden Valley Road · Minneapolis, MN 55422 · (612)546-3242 January 14, 1993 The Honorable Ferner (Skip) Johnson Mayor of Mound 5341 Maywood Road Mound, MN 55364-1687 Dear Mayor Johnson: The Volunteers of America has been serving others for 97 years. Volunteers of America Week, March 7-14, commemorates the founding of our organization on March 8, 1896. We are one of Minnesota's largest human service organizations. Year after year, more than 90% of every dollar we receive, we spend directly on program servlces...for the people we serve. I am asking you to proclaim the week in our behalf. Your personal proclamation will be encouraging to those who receive services In Mound, or Its nearby communities. Through the years, Volunteers of America has demonstrated it is a dynamic organization keeping pace with the everchanging world around it. Now more than ever, we recognize the constant need for developing new and more creative ways In solving problems, meeting community needs, and improving the overall quality of life for all members of our society. We must continue forming partnerships, bridging the gap between human needs and the resources of the public and private sector. Something wonderful is happening In Minnesota, because of you! Your Interest and support makes a significant Impact on the success of our organization. And, as you know, our success is measured through the lives of those we touch. JEH/dc Respectfully yours, i,,~James E. Hogle, Jr. President Enclosures P.S. Your proclamation, along with other proclamations and letters, will be duplicated and put into booklet form. A booklet commemorating our 97th birthday will be placed in the reception area of each of our programs and senior dining sites. Volunte.ers of America M nnesota 1992-1993 PROGRAM SERVICES ADULT SERVICES PROGRAM offers board and lodging homes for seniors, developmentally disabled, mentally ill, and/or chemically dependent adults. Telephone 1-495-3544 BAR-NONE RESIDENTIAL TREATMENT CENTER provides services to boys who are emotionally and/or behaviorally disturbed. Telephone: 753-2500 CHII.,DREN'S EMERGENCY SHELTER offers social and educational services in a protective environment to children in crisis. Telephone: 753-2319 CORRECTION GROUP HOMES offer a struc- tured therapeutic home environment for teenagers with a delinquent history. Telephone 546-3242 FOSTER TREATMENT HOMES provide a supportive, directive environmem for behavior- ally disturbed children and youth. Telephone: 546-3242 HOME DELIVERED MEALS hot noon meals are delivered to shut-in seniors who are unable to prepare their own meals. Telephone: 546-3242 IN-HOME FAMILY TREATMENT SER- VICES strengthens a family's ability to function and to resolve problems. Telephone: 546-3242 PRINCETON HOME is a home for mentally disabled adults. Telephone: 1-495-3344 REGIONAL CORRECTIONS CENTER is a jail, workhouse and work-release program for women. Telephone: 488-2073 RESIDENTIAL CENTER is a pre-release and work-release correctional program for men. Telephone: 721-6327 RESPITE CARE for families of children who are handicapped with autism, autistic-like and/or developmental disabilities. Telephone: 546-3242 SEMI-INDEPENDENT LIVING SERVICES provide learning opportunities for indi_vid, uals with special needs. Telephone: 1-495-3344 SENIOR DINING PROGRAM serves hot noon meals at 45 community locations to anyone 60 years of age or older. Telephone: 546-3242 SETTEVIG HOME is a home for developmen- tally disabled adults. Telephone: 1-495-3344 SETTEVIG TREATMENT CENTER FOR CI-IILDREN WITH SPECIAL NEEDS provides intensive treatment services for autistic, autistic-like and developmentally disabled children. Telephone: 753-2500 SHORT-TERM AFrERCARE prepares a child for a successful transition from treatment to home and community. Telephone: 753-2500 SPECIALIZED BEHAVIORAL PROGRAM for boys with severe behavioral problems re- quiring secure supervision. Telephone: 753-2500 STEVENCROFT residential care offering life coping skills training for developmentally disabled young adults. Telephone 644-2514 SUPPORTED LIVING SERVICES PRO- GRAMS are provided for developmentally dis- abled adolescents and adults with special needs. Telephone: 1-495-3344 VOLUNTEERS OF AMERICA... was founded March 8, 1896 in New York City. Less than four months later services were begun in Minneapolis. VOLUNTEERS OF AMERICA, a national Christian human service organiT~tlon, has a 97 year history of serving people in need; regardless of their race, color or creed. It seeks to develop programs in areas where human needs are not being met by existing services. VOLUNTEERS OF AMERICA staff is comprised of individuals who not only have admini~rative and/or professional social work expertise, but who also have a commitment to the Christian mission of the organization; the reaching and uplifting of all people. Last year, in addition to 340 staff, more than 2100 persons volunteered their talents to help enrich program services in Minnesota. VOLUNTEERS OF AMERICA, a 501(c)(3) organization, is eligible to receive tax deductible donations. VOLUNTEERS OF AMERICA meets all regulatory standards such as a certified audit, annual report, and f'dings with the Charities Division of the Minnesota Attorney General's Office. BOARD OF DIRECTORS Of Minnesota Mark T. Flaten, Chair James E. Hogie Jr, Pres Mary E. Adams Ronald E. Britz Katie Erickson Walter W. Faster James W. Fell Gordon M. Haga Peter L. Hauser Barbara A. King Ross E. Kramer John S. MacArthur William W. McDonald W. Lyle Meyer John T. Richter Erling W. Rockney William E. Sandvlg Clayton W. Strandlie Renee J. Tait Robert VanValkenburg Dr. Harm A. Weber In Minnesota Mary E. Adams, Chair James E. Hogie Jr, Pres Jack L. Dignum Robert E. Nolte Jr Edward Settevig Edward C. Spethmann VOLUNTEERS OF AMERICA MINNESOTA DISTRICT OFFICE admlnLqrative, accounting, and development offices are located at 5905 Golden Valley Road, Minneapolis, MN 55422-4490 (612) 546-3242 CITY of MOUND PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA 534~ IAAVWO©3 q©AZ FAX 6t2,472 3625 CASE NO. 92-071 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT AND BAR FOR "HEADLINERS BAR & GRILL" IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5241 SHORELINE DRIVEr MOUND NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Monday, January 26, 1993 to consider the issuance of a Conditional Use Permit for Headliners Bar & Grill, Inc. to operate a Class III Restaurant which is defined by the Mound Zoning Ordinance as follows: "Restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities shall account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis. ~ This operation is proposed for the property at 5241 Shoreline Drive (the old Jock Club), legally described as: Lots 7-20 and 26-35, Block 1, shirley Hills Unit F, PID $13-117-24 34 0072. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. ~rancene C. Clark,-C-ity Clerk Published in "The Laker" 1-4-93 and mailed to property owners within 350' by 1-11-93. ~ ~7 ~ prin,ed on recycled paper HENN[PIN COMMUNIIY HEALTH DEPARTMENT 7~--~EI'~ -~-'- ENVIRONMENTAL HEAL'IH MANAGEMENT GROUP Suite 2'15 101 '1 Soulh Firs1 Slreel Hopkins, Minnesola 55343-94'13 Telephone, (6'I 2) 935-'1544 · FAX (6'12 93'1-9509 January 25, 1993 RECEIVED Mr. Bill Feehan P.O. Box 65 Spring Park, MN 55384 JAN 2 6 1993 MOUND PLANNING & INSP. RE: Headliners Bar & Grill Dear Mr. Feehan: I have done a preliminary review of the plan you submitted for Headliners Bar and Gill in Mound. The plan does not meet the requirements of Hennepin County Ordinance 3 in several respects and is rejected. The following items must be corrected before it can be approved: No plan review fee has been submitted. This fee is one and one-half times the license fee or $545. The plan is incomplete. We need complete information about all new equipment, including make and model number and manufacturer,s cut sheets, and installation information regarding the cooking equipment. We need a finish schedule for all walls, floors, ceilings and information about lighting. We need a complete bar plan, showing all equipment, plumbing and surfaces. We need complete information regarding the walk-in cooler. Incomplete plumbing information is shown regarding the dish machine and the proposed walk-in cooler. We also nee~ complete information regarding the hot water heater. The existing hood is not approved for use. replaced. It must be A hood must be provided for the dish machine. There is no coffee or water station shown on the plan. Where will these be located? A splash guard is needed between the handsink and the prep sink. Adequate approved shelving or carts must be provided in the kitchen for the storage of clean dishes and utensils. HENNEPIN COUNTY on equal opportunity employer Mr. Bill Feehan January 25, 1993 Page 2 10. 11. 12. 13. 14. Where will salads and dressings be kept? Will the waitstaff be using the cold rail by the grill to dress salads? since there is no three compartment sink, all dishes and utensils must be sized so as to be effectively cleaned by the dish machine. Will the kitchen close if the dish machine breaks down? Where will the ice cream be served? There is no dipperwell shown on the plan. There is no freezer by the fryer. Will the cook be walking over to the reach-in freezer every time someone orders french fries? The doorway between the kitchen and the storeroom is at the wrong end. Provide an opening at the other end across from the entrance to the back rooms. Eliminate the entrance by the front. Do not install a door between the kitchen and the storeroom. The location of the walk-in cooler cannot be approved both because it is not convenient to the kitchen and because there is no floor drain in the area. Relocate to the area behind the kitchen. Provide approved cleanable surfaces on the walls, floor and ceiling of the general storage area behind the kitchen.and adequate approved shelving for whatever i~ to be stored there. Provide shielded lighting of at least 20 foot candles. A completed and revised plan must be submitted before any approvals can be given. If you have any questions, call me at 930-2769 or Debra Anderson at 930-2779. Program supervisor cc: Mark saliterman ~/-City of Mound, Building official January 17, 1993 Jim Brunzell 5111 Windsor Road Mound, MN 55364 JAN 2. 5 1993 Mayor Skip Johnson 5341 Maywood Road Mound, MN 55364-0620 Dear Mr. Mayor: I object to the council approving the preliminary plat for Teal Pointe. I do not believe that the council as a whole has enough information about the project to approve the preliminary plat. One important issue at stake here is the protected wildlife living on the land in quiestion. Any protected wildlife necessitates a buffer in relation to the development. I believe it is the council's responsilbility to make sure that the appropriate agencies become involved in order to ensure that the protected species on the land remain protected. I also object to the granting of any variances in relation to this project. I think it is important that the council look at it's motives for allowing Neil Weber to develop this land outside the parameters of the Shoreland Management Ordinance. Another serious issue to consider is the Indian Buriel Site issue. As you know, Neil Weber has admitted to having his home (now my home) de-spirited. I feel that it is of utmost importance to have a neutral archeaological/historical expert involved in order to determine if the area is of significant historical value. If the site does prove to have an Indian Burial Mound located on it, this project will then have to deal with a newly documented historical site. It is clear that the people of Mound are not in favor of this project. Therefore, I appeal to you to closely examine all of the issues that have been raised by residents in the area, and vote either against or to downsize the project on January 26. Thank you. Sincerely, Jim Brunzell RESOLlrrlO~ #93- HEiNEPIN ! F2[HIBIT B COMMUNITY HEALTH DEPARTMENT ~' 1 of ~ ENVIRONMENTAL HEALTH MANAGEMENT GROUP Suite 215 1011 Soulh First Streel Hopkins, Minneso'~a 55343-9413 Telephone: [612) 935-1544 · FAX (612 931-9509 November 6, 1992 RECEIVED Mr. Bill Feehan PO Box 65 Spring Park, MN 55384 NOV 9 1992 I' &r'..; lu..] ~ Ill,. Dear Mr. Feehan: Re: 5241 Shoreline Drive Mound, MN (formerly the Jock Club) On October 23, 1992,an inspection was made at the above location by Roger Carlson, Debra Anderson,and Paul Sivanich. The restaurant has been closed since June 30, 1990. If it were to be reopened it would need to be brought into compliance with Hennepin County Ordinance 3, Food Protection. This would require remodeling to correct all violations, including the following: KITCHEN There is no functioning make-up air system. make-up air system must be provided. An approved The exhaust hood does not fit the space or the equipment, has been cut and soldered together, and does not appear to have worked from the condition of the walls and the ceiling. It must be replaced. The fire extinguishing system in the hood is not properly installed and obviously has not been serviced. It must be replaced with an approved system. The ceiling is in poor condition, improperly installed, and too high to facilitate proper lighting. A smooth cleanable ceiling at an appropriate height must be provided. Se The light level is inadequate. At least 70 foot candles must be provided on all food contact surfaces, at least 20 foot candles in storage areas, and 30 foot candles in all other areas. All lights must be shielded. HENNEPIN COUNTY an equal opportunity employer I~$OLIrfION #93- Mr. Bill Feehan November 6, 1992 Page 2 EXHIBIT B p. 2 of 4 The wall panels were not properly installed and therefore are coming off. The wall panels are stained and discolored from grease. They must be removed and cleaned or replaced with properly installed panels. The stainless steel panel behind the cooking equipment is not properly insulated or installed. This must be corrected. The Silver King open top cooler does not meet current standards and must be removed. The single door Beverage- Air unit has a chipped bottom and must be removed. The two door Beverage-Air unit has broken gaskets, which must be replaced. The floor is filthy, especially in the grout lines. must be cleaned in order to be evaluated. It The fryer is very old and not up to current standards of cleanability. It must be removed. The range is on legs, not casters. All cooking equipment must be mounted on casters and installed with flexible gas lines and quick disconnects. 10. The prep tables are in poor condition. table, covered with a stainless steel top. removed. One is a wood Both must be 11. 12. Ail domestic equipment must be removed, including the Toshiba microwave and the domestic toaster. The handsink is porcelain and is adjacent to the prep sink. It must be replaced with a stainless steel handsink and a splash guard installed to protect food on or in the prep sink. STOREROOM 13. 14. 15. 16. 17. The lights were not shielded. Shields or shatterproof bulbs must be provided. A light level of at least 20 foot candles must be provided. The walls are in poor condition and there is at least one hole. They must be repaired and painted. The wood shelves are not approved and must be removed. The floor tiles are broken and must be replaced. The ceiling is cracked and must be repaired. RE$OLI~TIOlq #93- Mr. Bill Feehan November 6, 1992 Page 3 EXHIBIT B p. 3 of 4 BACK ROOMS 18. The Superior beer cooler does not meet standards and must be removed. 19. If these areas are to be used for any kind of storage, they must be upgraded to have cleanable approved walls, floor and ceiling, and adequate, shielded lighting. Approved shelving must be provided and the wood platform removed. 20. The metal table by the back door needs a new top if it is to be used. 21. The room with the janitor sink must be provided with cleanable durable walls such as frp. A hard cleanable durable floor, such as quarry tile must be provided in that area. Shelving must also be provided for chemical storage. 22. The janitor sink must be provided with a backflow preventer, if one is not already installed. 23. There is a large amount of junk stored in the room behind the toilets. This must be removed, along with all unnecessary items. BAR 24. The back bar is not acceptable, having a hollow enclosed base and frp-covered shelves. It must be replaced with an approved back bar. 25. There is no approved underbar lighting. provided. There is also inadequate area cleanup. This must also be provided. It must be light for 26. The ice bins do not have integral cold plates and drop-in cold plates are not allowed. If ice is used to cool the soda lines, new ice bins are required. 27. The beer coolers sit on the floor. They must be installed on 6-inch legs or on casters. 28. There are broken floor tiles and broken and missing basecove tiles, both behind and in front of the bar. All broken and missing tiles must be replaced. A curved basecove must be provided in all areas. RESOLWEION #93- Mr. Bill Feehan November 6, 1992 Page 4 EXHIBIT B p. 4 of 4 29. The plumbing is exposed along the bar. Ail plumbing and electrical conduits must be built into the walls or bar. 30. There are extension cords running all over the bar and dining area. The electrical service must be upgraded to be adequate for all needs of the establishment. 31. There is less than 3 feet between the barsink and the backbar. At least a 3 foot clearance must be provided. 32. The cabinets in the area formerly used for pulltabs have enclosed bases and must be replaced. 33. There is a wood enclosure above one end of the bar, which is full of junk. This must be eliminated. 34. The ceiling in the dining area is falling down. It must be replaced or repaired. A smooth flat ceiling must be provided in the bar. 35. The exhaust fans in the toilet rooms do not appear to be working. They must be repaired or replaced. A. complete plan, including the proposed menu must be submitted and approved prior to beginning any remodeling. If you have any questions, call me at 935-1544. Sincerely, Program Supervisor CC: JON SUTHERLAND , CITY OF MOUND PROPOSED RESOLUTION #92- RBSOLUTION ?O X99ROVE A COI~IT~ON~ USE PE~T TO ALLOW THE OPERATION OF A CLASS III RESTAUI~J~NT FOR "HEADLINERS B~R ~ ~RILL" IN THE B-1 CE~ BUSINESS ZON~N~ DISTRICT ~ ~ P~KIN~ V~CE ~T 5~4~ SHORELINE DRIVE LOTS 7 T~OU~H ~0 ~ LOTS ~6 T~OU~H ~5 [NCLUS[VE~ BLOCK ~ SHIRLEY H~LLS ~IT F, PID ~1~-~7-~4 ~4 007~ P~Z C~SE WHEREAS, Applicants, Bill Feehan for Headliners Bar & Grill, Inc., and owner, Mark A. Saliterman, have applied for a Conditional Use Permit to allow the operation of a Class III Restaurant at 5241 Shoreline Drive, and; W~BREAS, The Mound Zoning Ordinance defines a Class III Liquor Service Restaurant as: "Restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities shall account for a minimum of 50 percent of a restaurant,s gross receipts on an annual basis.,, W~EREAS, The subject property is located in the B-1 Central Business Zoning District which allows Liquor Service Restaurants by Conditional Use Permit, and; WHERF.~S, In 1985 a Conditional Use Permit was issued to Captain Billy,s with a seating capacity of 157 people, this application calls for an operation which is very similar to the former use with a proposed seating capacity of 154, and; W~ER~AS, A total of 51 parking spaces are required for the proposed Headliners Bar and Grill based on the standard of one parking space per 3 seats. The total required parking for the shopping center is 194. The shopping center has 158 existing parking spaces, therefore a parking variance of 36 spaces needs to be recognized. Unimproved, overflow parking exists immediately east of the shopping center, and; WHEREAS, The proposed operation is expected to be compatible with the surrounding land uses since the site was formerly used as a restaurant/bar and apparently no major problems occurred, and; W~EREAS, The Planning Commission has reviewed the application and unanimously recommended approval with conditions. PROPOSED RESOLUTION PAGE 2 CASE NO. 93-071 NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Mound, Minnesota, as follows: 1. The city Council approves the Conditional Use Permit and parking variance for Headliners Bar and Grill to allow operation of a Class III Liquor Service Restaurant at 5241 Shoreline Drive, contingent upon the following conditions: A. All code compliance items as stated in the Building official's letter dated November 19, 1992 (Exhibit A), and the letter from Hennepin County dated November 6, 1992 (Exhibit B), be complied with and that the Building official verify with Hennepin County that all conditions are complied with prior to any occupancy. B. One Sewer Availability Charge of $750.00, as determined by the Metropolitan Waste Control Commission, must be paid prior to occupancy. is granted for the following This Conditional Use Permit legally described property: That part of Certificate No. 474801: Lots 13 to 20 inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between extensions across it of the East line of Lot 13 and the West line of Lot 20 and the vacated park and parking area vacated lying North of said Lots between the East line of Lot 13 and the West line of Lot 20, and Lots 26 to 33 inclusive, Block 1 together with the vacated alley lying between Lot 31 and Lots 26 to 30 inclusive, Block 1 and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 33 and the West line of Lot 31, Block 1, also the vacated alley lying between Lots 18 and 19, Block 1, lying between extension across it of the North and South lines of said Lots 18 and 19 and the South Half of vacated alley adjoining Lot 26 lying between the East line of Wilshire Drive and the Northerly extension of the West line of Lot 31 and the North Half of the vacated alley adjoining Lots 21 to 25, Block 1, lying between the southerly extension of the East line of said Lot 21 and the East line of Wilshire Drive, Block 1, all in shirley Hills, Unit F, files of the Registrar of Titles, Hennepin County, Minnesota. ALSO PROPOSED RESOLUTION PAGE 3 CASE NO. 93-071 That part of Certificate No. 580443: Lots 21, 22, 23, 24, and 25, Block 1, and that part of the parking area vacated lying West of the northerly extension of the East line of said Lot 21, all in Shirley Hills, Unit F, files of the Registrar of Titles, Hennepin County, Minnesota. ALSO That part of Certificate No. 474801: Lots 7 through 12, inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between the extensions across it of the East line of Lot 7 and the West line of Lot 12 and the vacated park and parking area vacated lying North of said Lots between the East line of Lot 7 and the West line of Lot 12; and Lots 34 and 35, Block 1 and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 35 and the West line of Lot 34, Block 1, all in Shirley Hills, Unit F, according to the plat thereof, files of the Registrar of Tiles, Hennepin County, Minnesota. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. RESOLIJTION ~93- CITY of MOUND EXfIIBIT A lof2 52-:' ~ '.'.~ ¢':, DOD MOUND t.' 'J;E$OTA 6'2 ~-20600 FAX 612,472 0620 November 19, 1992 Mr. Bill Feehan P.O. Box 65 Spring Park, MN 55364 SUBJECT: PROPOSED RE-OPENING OF THE VACANT BAR/RESTAURANT AT 5241 SHORELINE DRIVE, MOUND (OLD JOCK CLUB) IN B-1 ZONING DISTRICT Dear Mr. Feehan: The proposed use is within the B-1 Zoning District and a Conditional Use Permit is required. Please review the application and information I provided to you at our site inspection on November 17, 1992. Building, plumbing, mechanical and electrical permits cannot be issued until after a Conditional Use Permit is issued by the City Council. Preliminary review of the site on November 17, 1992 reveals the need for the following: Existing lighting and signage. A minimum of two exits are required with illuminated exit signage according to Uniform Building Code (UBC) Section 3313.3314 and Minnesota Statutes Chapter 597. Your electrical contractor should contact me if there are any questions. 2. Panic hardware is required on both exit doors· Any new kitchen equipment and all other work will require the appropriate permits. Plans and specifications must be provided by the responsible party. Installation shall be in accordance with the Mechanical Code by qualified contractors licensed to practice within the City. A fire extinguishing system is required in the kitchen area according to the Mechanical and Fire Code (F.C. Sec. 10.313). An automatic sprinkler system may be required by UBC Section 3808 C ~if the occupant load is determined to be greater than 300. ~ .printed on recycled paper RESOLUTION ~93- Mr. Bill Yeehan November 19, 1992 Page Two EXHIBIT A p. 2of2 State Health Department approval is required prior to any occupancy or use is approved by the City Building and Fire Departments. An automatic sprinkler system may be required by UBC Section 3802 C. Please discuss this section with your architect if you plan to separate the areas. This review is preliminary and for your information only and cannot be completed until permit applications and additional information is provided. If you have any questions, please contact me. Building Official JS:pj cc: Mike Palm, Fire Marshal RESOLUTION ~93- HENNEPIN IL EXHIBIT B COMMUNITY HEALTH DEPARTMENT P' ~ of 4 ENVIRONMENTAL HEALTH MANAGEMENT GROUP Suite 2'1 $ '10'1 '1 Sou'lh First Slree'l Hopkins, Minnesota 55343-94'13 Telephone: [6'12] 935-'1544 · FAX [6'12 93'1-9509 November 6, 1992 Mr. Bill Feehan PO Box 65 Spring Park, MN 55384 RECEIVED NOV 9 1992 '~ ~7~ ,',', .\1:~ ,"' I~"' ' T L~'; 1...,,1 & Dear Mr. Feehan: Re: 5241 Shoreline Drive Mound, MN (formerly the Jock Club) On October 23, 1992,an inspection was made at the above location by Roger Carlson, Debra Anderson,and Paul Sivanich. The restaurant has been closed since June 30, 1990. If it were to be reopened it would need to be brought into compliance with Hennepin County Ordinance 3, Food Protection. This would require remodeling to correct all violations, including the following: KITCHEN There is no functioning make-up air system. An approved make-up air system must be provided. The exhaust hood does not fit the space or the equipment, has been cut and soldered together, and does not appear to have worked from the condition of the walls and the ceiling. It must be replaced. The fire extinguishing system in the hood is not properly installed and obviously has not been serviced. It must be replaced with an approved system. The ceiling is in poor condition, improperly installed, and too high to facilitate proper lighting. A smooth cleanable ceiling at an appropriate height must be provided. So The light level is inadequate. At least 70 foot candles must be provided on all food contact surfaces, at least 20 foot candles in storage areas, and 30 foot candles in all other areas. All lights must be shielded. HENNEPIN COUNTY on equol opportunity employer RESOLUTION ~93- Mr. Bill Feehan November 6, 1992 Page 2 E]f~IBIT B p. 2 of 4 0 The wall panels were not properly installed and therefore are coming off. The wall panels are stained and discolored from grease. They must be removed and cleaned or replaced with properly installed panels. The stainless steel panel behind the cooking equipment is not properly insulated or installed. This must be corrected. The Silver King open top cooler does not meet current standards and must be removed. The single door Beverage- Air unit has a chipped bottom and must be removed. The two door Beverage-Air unit has broken gaskets, which must be replaced. e The floor is filthy, especially in the grout lines. must be cleaned in order to be evaluated. It The fryer is very old and not up to current standards of cleanability. It must be removed. The range is on legs, not casters. All cooking equipment must be mounted on casters and installed with flexible gas lines and quick disconnects. 10. The prep tables are in poor condition. table, covered with a stainless steel top. removed. One is a wood Both must be 11. 12. All domestic equipment must be removed, including the Toshiba microwave and the domestic toaster. The handsink is porcelain and is adjacent to the prep sink. It must be replaced with a stainless steel handsink and a splash guard installed to protect food on or in the prep sink. STOREROOM 13. 14. The lights were not shielded. Shields or shatterproof bulbs must be provided. A light level of at least 20 foot candles must be provided. The walls are in poor condition and there is at least one hole. They must be repaired and painted. 15. The wood shelves are not approved and must be removed. 16. The floor tiles are broken and must be replaced. 17. The ceiling is cracked and must be repaired. RESOLUTION ~93- Mr. Bill Feehan November 6, 1992 Page 3 EXHIBIT B p. 3 of 4 BACK ROOMS 18. The Superior beer cooler does not meet standards and must be removed. 19. If these areas are to be used for any kind of storage, they must be upgraded to have cleanable approved walls, floor and ceiling, and adequate, shielded lighting. Approved shelving must be provided and the wood platform removed. 20. The metal table by the back door needs a new top if it is to be used. 21. The room with the janitor sink must be provided with cleanable durable walls such as frp. A hard cleanable durable floor, such as quarry tile must be provided in that area. Shelving must also be provided for chemical storage. 22. The janitor sink must be provided with a backflow preventer, if one is not already installed. 23. There is a large amount of junk stored in the room behind the toilets. This must be removed, along with all unnecessary items. BAR 24. The back bar is not acceptable, having a hollow enclosed base and frp-covered shelves. It must be replaced with an approved back bar. 25. There is no approved underbar lighting. provided. There is also inadequate area cleanup. This must also be provided. It must be light for 26. The ice bins do not have integral cold plates and drop-in cold plates are not allowed. If ice is used to cool the soda lines, new ice bins are required. 27. The beer coolers sit on the floor. They must be installed on 6-inch legs or on casters. 28. There are broken floor tiles and broken and missing basecove tiles, both behind and in front of the bar. All broken and missing tiles must be replaced. A curved basecove must be provided in all areas. RESOLDTION ~93- Mr. Bill Feehan November 6, 1992 Page 4 EXHIBIT B p. 4 of 4 29. 34. The plumbing is exposed along the bar. Ail plumbing and electrical conduits must be built into the walls or bar. 30. There are extension cords running all over the bar and dining area. The electrical service must be upgraded to be adequate for all needs of the establishment. 31. There is less than 3 feet between the barsink and the backbar. At least a 3 foot clearance must be provided. 32. The cabinets in the area formerly used for pulltabs have enclosed bases and must be replaced. 33. There is a wood enclosure above one end of the bar, which is full of junk. This must be eliminated. The ceiling in the dining area is falling down. It must be replaced or repaired. A smooth flat ceiling must be provided in the bar. 35. The exhaust fans in the toilet rooms do not appear to be working. They must be repaired or replaced. A complete plan, including the proposed menu must be submitted and approved prior to beginning any remodeling. If you have any questions, call me at 935-1544. Sincerely, Program Supervisor CC: JON SUTHERLAND , CITY OF MOUND MINUTES OF A MEETING OF TIlE MOUND ADVISORY PLANNING COMMISSION DECEMBER 14, 1992 CABE ~92-071: BILL FEEI~%N FOR HF~DLINER'8 BMr & GRILLm 5241 ~RORELINE DRIVE, LOT8 7 - ~6m BLOCK ~13-117-24 34 0072, CONDITION~, USE pE~I~ - PUBLIC HE~ZN~. The Building Official reviewed the City Planners report on the request for a Conditional Use Permit for a Class III Restaurant. The proposed restaurant name is Headliner's Bar and Grill and is proposed to be located in the shopping center adjacent to Jubilee Foods in the space which was formerly used by Captain Billy's and the Jock Club. Class III restaurants are defined as "liquor service restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities must account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis." In 1985 the City issued a conditional use permit to Captain Billy's with a seating capacity of 157 people. The new proposal calls for an operation which is very similar to the former use. The facility will include dining room seating, a bar area, a dance floor, pool tables and a game room. The proposed seating capacity is 154. December 14, 1992 The proposed use will require the issuance of a number of licenses which must be approved by the Mound City Council. In regards to land use, since t~- -~ - - ,~= ~ue was ~ormerly used as a restaurant/bar and apparently no major problems occurred, it is reasonable to conclude that the proposed use is compatible with its neighbors. The shopping center requires a total of 143 parking spaces, according to the Zoning Code, and the proposed restaurant will require an addition 51 spaces. The shopping center has 158 existing parking spaces, therefore, a parking variance of 36 spaces needs to be recognized. Unimproved, overflow parking exists immediately east of the shopping center. Staff recommended that the Planning Commission recommend approval of the conditional use permit and parking variance for Headliner,s Bar and Grill. Clapsaddle commented that the unimproved parking area should be improved. Michael referred to the Building Official,s letter dated November 19, 1992 and the letter from Hennepin County Health Department dated November 6, 1992 regarding code violations and compliance requirements. Michael noted that a lot of the same correction items were included in the 1985 resolution, and if these items were not taken care of then, what kind of assurances do we have that they will be taken care of this time? It was suggested that these items could be included in the recommendation that compliance with the health department,s violations be required prior to the issuance of a Certificate of Occupancy. Mark Saliterman, owner of the building and half owner of the proposed business, stated he will be in charge of administration and since he has a major commitment in the business he will make sure codes are complied with. He has already obtained the services of a licensed mechanical contractor. Mueller questioned how and who determined that 50 percent of gross receipts accounts for food sales? And what happens if the food sales only amounts to 20 percent? Saliterman stated that they have removed dancing as use and this may help in food sales. He cannot guarantee what the percentage of food sales will be but they are spending money on kitchen improvements because they plan to use it. Saliterman suggested that the City review the food sales/operation after six months. 4 December 14, 1992 Mueller suggested that the City Council address the fact that Bill Feehan is noted as the "applicant" on the application for conditional use permit, and Mark Saliterman signed the form; who is the responsible party and who should the permit be issued to. Chair Michael opened the public hearing. There being no comments from citizens present, Chair Michael closed the public hearing. Clapsaddle questioned what the hardship is for the parking variance. Voss questioned if more parking area could be paved. Saliterman informed the Commission that there are bad soils in the unimproved parking lot. Every year for the past three years they have spread rock on the area and it sinks. Weiland commented that there are underground springs in that area. Saliterman added that when the shopping center was constructed it was required to have larger than normal footings. It was noted that the shopping center employees do park on the unimproved gravel parking area. Hanus remarked that he believes the soil conditions constitutes a practical difficulty for not improving the parking area and provides reason to approve the parking space variance. NOTION made by Clapsaddle, seconded by Weiland to recommend approval of the conditional use permit as recommended by staff, including the condition that all code compliance items as stated in the Building offioial's letter dated November 19, 1992 and the letter from Hennepin County dated November 6, X992 be complied with and that the Building official verify with Hennepin County that all conditions are complied with prior to any occupancy. Motion carried unanimously. This case will be heard by the City Council on January 12, 1992. Commissioner Mueller was excused from the meeting. 5 Hoisington Koegler Group Inc. nlq PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: December 8, 1992 SUBJECT: Conditional Use Permit - Class III Restaurant APPLICANT: Bill Feehan (Headliner's Bar and Grill) CASE NUMBER: 92-071 HKG FILE NUMBER: 92-37s LOCATION: 5241 Shoreline Drive EXISTING ZONING: Central Business District (B-l) COMPREHENSIVE PLAN: Commercial BACKGROUND: The applicant is proposing to open a Class HI Restaurant in the space formerly operated as Captain Billy's in the shopping center adjacent to Jubilee Foods. Class III restaurants are defined as "liquor service restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded. Food sales in such facilities must account for a minimum of 50 percent of a restaurant's gross receipts on an annual basis." In 1985, the City issued a conditional use permit to Captain Billy's (later the Jock Club) which was a liquor service, restaurant with a seating capacity of 157 people. The Jock Club closed in June of 1990. The new proposal calls for the operation of a Class III restaurant which is very similar to the former use. The facility will include dining room seating, a bar area, a dance floor, pool tables and a game room. The proposed seating capacity is 154. COMMENT: In addition to the conditional use permit, the proposed use will require issuance of a number of licenses by the City of Mound. Applicable licenses include but are not limited to the following: Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Headliner's Bar and Grill Planning Report December 8, 1992 Page Two · Amusement Devices - City Code Section 410 · Pool Tables - City Code Section 420 · Restaurant License - City Code Section 480 · Liquor, Wine & Beer - City Code Section 800 · Dancing and Live Music - City Code Sections 450 & 451 All of the applicable licenses require approval by the Mound City Council. In some cases, licensing requires background checks which will be completed by the Mound Police Department. In formulating its recommendation on the conditional use permit, the Planning Commission needs to consider land use and parking issues. Regarding land use, the Commission needs to determine if the proposed use is compatible with the surrounding land uses. Since the site was formerly used as a restaurant/bar and apparently no major problems occurred, it is reasonable to conclude that the proposed use is compatible with its neighbors. When the City issued the conditional use permit in 1985, it was noted that the shopping center had a parking deficiency. Excluding the restaurant/bar, the center required a total of 143 parking spaces according to the Zoning Code. Headliner's Bar and Grill will require an additional 51 spaces based on the standard of one parking space per 3 seats resulting in a total parking requirement of 194. The shopping center has 158 existing parking spaces. Therefore, a parking variance of 36 spaces needs to be recognized. Unimproved, overflow parking exists immediately east of the shopping center. RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the conditional use permit and parking variance for Headliner's Bar and Grill. revised 5/5/92 Application for CONDITIONAL USE PERMIT City of Mound 5341 Maywood Road, Mound, MN 55364 Phone~ 472-0600, Fax: 472-0620 .'~2.o0 Pl.nning Co.i..lon Dat.: Cas..o. -031 city Council Dat.: l- I?----9 Conditional U.. P.rmit F..: ,200.00 Copy to City Planner, I~--l--9~ Zoning Sheet Completed: Copy to City Engineer% Copy to Public Works: Other ~ Please type or print the following lnfo~atlon~ AddreasofSub}ec~Pro~r~y 5211 Shoreline Dr. ~ner'aName ~ark A. Sali~erman Day Phone 920-8282 ~ner'aAddress 1301 Hi~hvay 7 STE 100, ~. Lo~is Park~ HN ~}416 Applicant' s Name (if other than owner) Address 4301 Highway ? STE ~100, St. Louis Pk,.M~ayPhone Name of Surveyor: N/A ~,O.~50~ ~,,:5~,,,(1~¢~, ~-~u - '~55~ Day Phone N/A LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot ? thru 20 incl also lots 26Block 001 Addition Shirley Hills Unit F Zonin~istrict B- 1 920-8282 PIDNo. 13-117-2& 34 0072 ExistingUseofProperty: Shopping Center - Bar and Restaurant Name of Proposed Use as Listed in the Zoning Code: Liquor service restaurant - Class II~ DescriptionofProposedUse: Restaurant and Bar EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. The proposed use is the same as it was when the prior business establishme,.,t was in operation. The opening of this restaurant and bar will have minimal impact to neighbors other than commercial tennants. Commercial tennants are accustomed to the impact of other business activity (i.e. openings, closings 6'tc.) Xf applicable, a development schedule shall be attached to this application providing reasonable guarantees for=t~e.~mpletion of the proposed development. Estimated Development Cost of the Project: $ 3m, uuu RESIDENTXAL DEVELOPMENTS ONLY: Number of Structures: Number of Dwelling Units Per Structure: Lot Area Per Dwelling Unit: sq ft Total Lot Area: sq ft ~as an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If yea, list date(s) of application, action taken, resolution number(a) and provide copies of resolutions. Appltcant ' s S ign'atura ~,_ Date RECEIVED ~V ~ ~, 1992 ~9 PLANNING & IN' ?. I I , April 9, 1985 RESOLUTION NO. 85-37 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT TO CONSTRUCT A CLASS III RESTAURANT AND GRANT A PARKING VARIANCE IN SECTION 13, TOWNSHIP 117, RANGE 24, PID 313-117-24 34 0069/00?0, AT 52~1 SHORELINE BL~D., TO BE KNOWN AS CAPTAIN BILLY'S, INC. WHEREAS, The City Council on April 9, 1985, held a Public Hearing pursuant to Section 23.505 of the Mound City Code, to consider the issuance of a Conditional Use Permit for PID ~13- 117-24 34 0069/0070 at 52~1 Shoreline Blvd., for construction of a Class III Restaurant, to be known as Captain Billy's Inc.; and WHEREAS, all persons wishing to be heard were heard; and WHEREAS, the Captain Billy's site is presently zoning B- 1, Central Business District, and does permit Class III restaurants defined as liquor service restaurants where food and intoxicating liquors are served and consumed by customers while seated at a counter or table and/or restaurants which contain entertainment, either live or prerecorded by Conditional Use Permit; and WHEREAS, the applicant has proposed a parking stall arrangements that will be deficient in the required parking for the shopping center by.~37 stalls; and WHEREAS, the shopping center site has an unimproved land area that could be designated for future parking needs; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval upon staff requirements and Hennepin County Health Dept. requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby authorize the issuance of a Conditional Use Permit and grants a parking variance upon the condition that the owner, Mr. Saliterman shall note' a portion of the adjacent vacant land..equivalent to 37 spaces of overflow parking is being considered as a part of the existing center and that if this extra parking lot is used, screening will be added on the east side. The Council also conditioned the issuance of the Conditional Use Permit by incorporating the Building Inspector's recommendations (Exhibit A) and **the Hennepin County Health Department's recommendations (Exhibit B) in this resolution and allowing Captain Billy's, Inc. to complete these items within 30 days of the issuance of the Permit. The foregoing resolution was moved by Mayor Polston and seconded by Councilmember Paulsen. April 9, 1985 The following Councilmember$ voted in the affirmative: Jessen, ?aulsen, ?olston and Smith. The following Couneilmembers voted in the negative: none. Councilmember ?eterson was absent and excused. At{~st-: C~tty -Clerk ' tJerl:;lI1CA1;e CITY of MOUND ' BUILDING & ZONING DEPARTMENT Occupancy EXHIBIT A DATE APPROVED 4/10/85 $241 Shoreline Blvd. SITE ADDRESS Hark Saliterman OWNER : MAILING ADDRESS 5241 Shoreline Btvd. Hound, HN, $5364 13-117-24 34 002O BUILDER Captain Billy's, Inc. BUILDING PERMIT: NO. 6823 DATE ISSUED ..2/8/85 THE FOLLOWING ITEMS ARE NOTED AS INCOMPLETE OR MISSING, THESE MUST B~ CORRECTED OA COMPLETED AND REINSPECTED WITHIN ,~0 _DAYS OR THIS CERTIFICATE WILL BE VOID. FAILURE 1. i ns t. Ta(~l. garbageCORRECT THESEdun,ps te rDEFIClENClES enc ] osu reWIL'Las ~AUSEper plan.OCCUFANCY VIOLATION CITATIONS TO BE iSSUED. 2. Identify handicap parki.ng stalls (two), handicap entrance signs, handicap'ramp to sidewalk In entry area, till gap 'In.sidewalk approx, .1. l/2" with expansion material-. 3. Comply with Hennepin County'Health Department letter dated ~. Complete firestopping of'wall between corridor and office/kitchen areas. 5.. Finish bathroom cei]in9 and kitchen.celllng, install trim at door openings, 5, Remove all storage in .rear. exit corridor; .keep area clear at all ti.mes. 7. Hens and Womens' restroom' IllOr, 110 install handicap lever handles with self-closers to accor~.~odate weight of the. door; complete installation of 9rah bars~ soap and towel dispensers to accom~Sdate'handlcap. ~, Install a: Room #108 r, #106.20 min, .fire rated.doors with top and side caskets with seof-clqsers to accommodate weight of the doors. Replace Door t109 in corridor.! ~. Patch hole in concret'e-f'.loor at the rear exit area. 10. Install stair'risers with a maximum of a ? { inches. .. 'l. Install occupant load.signs in ali cooms over 50 occupants, '-" ~2. Install fire extlnguls~ers, energency lighting, exit signs, and hood fire suppression system. ;3.'Install kitchen hood and make up air for the kitchen ventilation. 'q. Submit statement that drinki.ng water will be served upon request as no fountain was HEREBY AGREE TO MAKE THE ABOVE CORRECTIONS AND TO CALL FOR REINSPECTION WITHIN FHE TIME ALLOWED: insta ed ~WNE R/CONT RACTO R DATE :TART BILLING FOR: CITY WATER · CITY SEWER BUILDING OFFICIAL IHENNEPIN! COMMUNITY HEALTH DEPARTMENT ENVIRONMENTAL HFEALTH MANAGEMENT GROUP 8'10 South First Street Suite 220 935-'1544 Hopkins, Minnesoto 55343-'i60'i I, RESOLUTION 85-37 EXHIBI'I' R April 4, 1985 William Alexande.r, President Capt~iin Billy's 5241 Shoreline Boulevard Mound, MN 5536.4 Dear Mr. Alexander: I made a construction inspection at your bar/restaurant on April 2, 1985. bar, as presently constructed, has a nu~er of deficiencies which shall be corrected prior to opening for business: The 1; The construction of the back bar is unacceptable. The cabinets are constructed on an unsealed enclosed base which provides insect and rodent harborages. Th~ interior of the' cabinets is of unfinished hardboard, plywood ' naneling, and unfinished wood. The surfaces are not smooth and cleanab, le, endering them unfit for storing food products, beverages, glassware, or single service food containers. Reconstruct to meet National Sanitation Foundation (NSF) standards by covering all interior surfaces with laminated plastic, and satisfactorily sealing the base to preclude entry of 'insects and rodents. '. · 2. The underside of the bar is unfinished wood. Finish to be smooth, non-absorbent, and easily cleanable. 3. 'Install the bottle beer cooler on'casters. Blocks are not acceptable. 4. The keg beer cooler shall be sealed in place, if mounted directly on the floor. 5. All beer coolers and cock~ail stations shall be plumbed to code with indirect waste lines (air gapped to floor drains). 6. Beverage line conduits shall be sealed to preclude entry of insects and rodents. ?. Carbon dioxide tanks shall be firmly secured to prevent tipping. 8. The antique gas stove shall be removed from the back bar. decoration in the area is not permitted. Its use as a HENNEPIN COUNTY 9. If food i$ to be prepared in the bar area, a convenient handwashing sink supplied with hot and cold running water, soap, single use towels, and a nailbrush shall be provided in the bar. 10. Seventy (70) food candles of light shall be provided over the food preparation surfaces: The kitchen is not completed. Work remaining to be done includes: 1. Provide a smooth, non-absorbent, light colored finish for the ceiling, which is presently damaged by water leaks. '2, Provide 70 foot candles of light for all the food preparation/utensil cleansing surfaces. All lighting fixture's shall be shielded. 3.' .Install all equipment, including vegetable preparation sink, prior to opening, lhe range is not to be installed until the hood is installed in accordance with all state and local codes. 4. The food storage room walls shall be finished with a minimum finish of enamel painted gypsum board, lhe floor shall have a minimum finish of vinyl asbestos tile, with a vinyl coved base. The ceiling shall be smooth and light colored. Lighting {20 foot candle minimum) shall be enclosed. 5. Exterior. doors to the establishm6nt shall have self-closing devices. '6. Toilet room exhaust fan switches on the fan grilles are not acceptable. It is a requirement that exhaust fans operate at all times that the toilet room is in use. lhe usual way it is done is to wire the fan and the lights to a single switch so that when the light is one, the fan is on. kicenses to operate the establishment will not be issued until all requirements of the Health Department are met, and an occupancy permit is issued by the City of Mound. If you have any.questions, please call me at 935-15A4. Sincerely, Joan A. Gilchrist,.R.S. 'E~vironmental ist c c :~Cit~yi'6'f-Mou nd.'~ti~J ~J'6-g Roger Carlson, Environmental Health Management Group JAG/vp NOTICE OF PUBLIC HEARING CITY OF MOUNO, MINI~ NOTICE is hereby given thal the Cily Council of the City of Mound, Minnesota, will meet on'Tuesday, January 12, lgg3, at 7:30 p,m. for the purpose of a public hearing to consider an application for an 'On-Sale' Intoxicating Li_q. uor License for Mark Sa]iterman and Bill Feehan, dba Headliners Bm' & Grill, at 5241 Shoreline Drive (formerly The Jock Club). The public hearing will be held in Ihs City Council Chambers at 5341 Ma)wood Road. Al this hearing, opportunity shall be given any person ~o be heard for or against lhe granlJng of Ihe license. Fr~ene C. Clark, CMC, City Clerk (Published in The Laker Dec. 28, lgg2) Affidavit of Publication State of Minnesota, County of Hennepin. Bill Holm, being 'duly sworn, on oath says that he ,. an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound. Min- nesota, and has full knowledge of the facts which are stated below: A.) The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statu!e 331A.02. 331A.07, and other applicable laws, as amended. B.) The printed ~'//~,~/ which is attached was cut from the columns of said newspaper, and was printed and published once each week for, / ,successive weeks: It was first published lvl/)nday, and was thereafter printod and published ever,, Monday, [o and including Monday. the ,., day of 19__; Authorized Agent NOTARY PUBLIC - MINNESOT% HENNEPIN COUNTY su thl: F' ~. Nol~ Pu~lio Rate Information (1) LoWest classified rate paid by commercial usors Io~ compaq. able R~aoe: $10.76 per inch. (2) M,~dmum rate aflowed by law for above matte~: $10.76. (3) Rate actuafly charged f(x above mature: $5.84 per inch. Each additional successive week: $4.02. LEN HARRELL Chief of Police 5341 Maywood Road Mound, MN 55364 POLICE Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 SYNOPSIS LIQUOR LICENSE INVESTIGATION HEADLINER'S BAR AND GRILL Sgt. Grand was assigned to investigate the background of liquor license applicants William Feehan and Mark A. Saliterman. In looking at the information available and running checks it was discovered Mr. Saliterman will finance the business and the improvements at the location which will house the establishment. Mr. Saliterman owns the shopping center where Headliners will be located and will be the landlord as well as 50 percent partner in the business. Mr. Saliterman has considerable holdings and investments and seems to be a successful business man. He is an accountant by vocation and is involved in many real estate dealings as owner with many tenants. Mr. Saliterman has had several civil court actions with the majority of them being unlawful detainer's against tenants of his properties. Mr. Saliterman had a substantial civil court foreclosure on a shopping mall which resulted in Crown Life Insurance Co. getting the property back and the matter being settled. The matter involved a non-recourse loan of 4.7 million dollars and Crown life ins. co. took the property back and filed the papers on the foreclosure in ~ovember 1990. Mr. Saliterman has a pending civil matter in the amount of 150,000.00 pending. It has to do with earnest money in the real estate transaction of his 1.5 million dollar home. The matter is in the process of being settled as it had to do with the City of Deephaven denying a permit application by the proposed purchaser to put in a swimming pool. Based on the denial, the purchaser is suing the Saliterman's for their earnest money back. Since the suit was filed Mr. Saliterman litigated with Deephaven and according to Saliterman the court had given him permission to place a pool in the property. This litigation was not located by Sgt. Grand during this investigation. Mr. Saliterman is considered by others he has dealt with and by references as a "up front business man" who operates above board and is honorable to his commitments. The arrangement for the business is for Mr. Saliterman to finance the improvements and the operation to get started and lease the SYNOPS~S LIQUOR LICENSE iNVESTIGATION HEADLINER'S BAR AND GRILL PAGE II business to his 50 percent partner william Feehan who will run the of business, has agreed to lease the business for the sum Mr. Feehan ..... ~ t include rent and common area maintenance and %42,000.00 per ~ _o 50/50 partner with Mr. Saliterman- operate the business as a , william (Bill) Feehan is the operating partner of Headliner s Bar and Grill. Bill will operate the business and will be an equal partner in the business but will have no investment in the business, rk Fil ' bar in Chanhassen' Bill has also Mr. Feehan has worked as a bartender and Bar manager for All Stars .- e-rin~ Pa and . %~t in their Liquor store. Bill has Bar 1~ ~_ ~ MinnetonKa m~ .... service. worked ro~ ~ ^,~rated a Lawn u=~ also owned anu ~F~ In checking criminal records and drivers license records there was no criminal history on either one. saliterman has a clear drivers record and Feehan has an extensive driving record to include several moving violations, suspensions of his drivers license and records of non payment of fines and no insurance. The persons spoken to who are familiar with Mr. Feehan say he is honest and will do a good job running Headliners' They also speak highly of his family and feel they are good people respected in their respective communities' to be any Based on this investigation there does not appear substantial problems with applicants for this liquor license at this time. END #5 MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION ROOM 440 333 SIBLEY ST. ST. PAUL, MN 55101 PHONE 612-296-6159 CERTIFICATION OF AN ON SALE AND/OR A SUNDAY LIQUOR LICENSE Headliners Bar & Grill, Inc. 5241 Shoreline Drive Mound, MN 55364 Il: NAME ANO ADDRESS SHOWN ARE NOT CORRECT. MAKE CHANGES IN SPACES BELOW CITY OF ISSUING AUTHORITY (Check onty one) Hound COUNTY OF Henneptn ' LICEN~EE NAME IINOIVIOLJA~L, PARTNERSHIP, CORPORATION} J TRADE NAME OR DBA Headliners Bar & Grill, Inc. { Headliners Bar & Grill ,us,~ss ~OORESS ICiTY IZ,; 4301 Highway 7, Suite 100 I St. Louis Park 5416 LtCENS~ TYP~ ICHECK ONE OR BOTHI I LICENSE PERIOD l COUNTY ~[ONSALE ~ SUNDAY I FROM TO I Hennepin If I Parmershio. Slate the Name and Address of Each Partner; If a Co~po~aP°~. Sta~e the Name and Address of Each Off,cet. PARTNEI~OF FICER NAME Mark Saliterman PARTNeR/OF FICER NAME Bill Feehan ADDRESS 11701 Fetterl7 Lane~ Minnetonka, MN &DDRESS 4317 Shoreline Drive, Mound, MN PARTNeR/OFFICER NAME i ADDRESS The Licensee must have one of the following: C~IE CK ONE [] A. Liquor Liab~ity Insurance (Dram Shop) -- $50,000 per person; $100,000 more than one person; $10,000 property destruction; $S0,000 and $100.000 for loss of means of support. A'CrACH "CERTIFICATE OF INSUR- ANCE'' TO THIS FORM o~ [] B. A Surety bond from a surety company with minimum coverages as specified above in A. oR [] C. A certificate from the State Treasurer that the Licensee has deposited with the State, Trust Funds having a market value of $100,000 or $100,000 in cash or securities. I CERTIFY THAT THIS LICENSE WAS APPROVED IN AN OFFICIAL MEETING BY THE GOVERNING BODY OF THE CITY OR COUNTY. CITY/COUNTY SEAL Given Under My Hand and the Corporate Seal this day of 19__ During the past license year has a summons been issued under the Liquor Civi! Liability Law {DRAM SHOP)? [] YES [] NO If yes, attach a copy of the summons. COMPLL~rE THOSE ITEMS THAT APPLY TRANSACTION TYP'~ C~ NEW [~) REVOKE/CANCEL ] DATES SUSPENSION C~ R~NEWAL [~ TRANSFER C] SUSPENSION ] FROM DATE OF REVOCATION/CANCELLATION I ADORESS CHANGE FROM I TRANSFER OF OWNERSHIP FROM INAME AND ADDRESS! TO IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP THIS STAMP IS ISSUED BY T~£ BUREAU OF ALCOHOL FIREARMS AND TOBACCO FOR INFORMATION CALL 612-290-3496 ~$§.00 Annual ------~Original Renewal Feo ~2_ /_ ~,.~ License Yr. 5-1- to 4-30- clas ' CITY OF MOUND 5341 May~6od Road Mound, Minnesota 55364 RESTAURANT bICENSE A??LICATIO~ (Print or type only) NOV 2 Mound Business: Headliners Bar & Grill, InC.Bus. Phone:47~21415 Mound Address: 5241 Shoreline Dr, Applicant Name: _wi~!iam J. F~ehan Jr. Applicant Date of Birth: 7-17-60 Driver's Lic. J: F-500-887-441-564 Moms Address: 4317 Shoreline Dr. Company Name: Headliners Bar & Grill, Social Home Phone: 471-70~1 201-48-9~48 Sec. #: _ City: Spring Park _ Zip: 55384 Inc'co. Phone: 920-8282 Company Address:_430! Company Officials: Type of Business: R~fhwny 7; .q,,~re iQoCity:St.Louis PaZ[p: 55416 ~. Mark Allen Saliterman I1-30-49 (First) (Middle) (Last) (Date of Birth) ~'.'Wil liam Joseph ' Feehan 7-17-60 (First) (Middle) (Last) (Date of Birth) 3. (First) (Middle) (Last) (Date of Birth) Restaurant an'd Bar t~ctl~ 4~OJO0 LI¢~',I! Ii~lt~. At[ r~te~rk~te cefel, ~ ~tfc eetl~ h~el emil me~re m fiche to ~rete, fr~ t~ City, ~l~ Ilc~ ~elJ ~ for ~ ~lr, ~ ~ Ilg~ ~ the City ~ll Iff I~tl~ 510:~, K meld [Ice~o ~mt[ Does anyone other than above have a financial .interest in the. business? No . (If yes, please list others having a financial inter- number and date of birth.) ~tgnat of Applicant DeQartment Approval/Deni~' (Submit memo if denied) Approved Oenie~ Police Dept._ Adm. Bldg. Dept. ~ Fire Dept. -------- Water/Sewer a I _$12.00 Annual Fee $1.00/Month Pro-Rate L__~_~Original Renewal _ 9~, /...~3 License Yr. 3-1-~ to Not Transferable: Person or ~remises CITY OF MOUND 5341 Maywood Road Mound, Minnesota 55364 gIGARETT~ LICENS~ APPLICATION NOV 2 1992 ~.00 Mound Business: Mound Address: Headliners Bar & Grill, Inc. BUS. 5241 Shoreline Dr. Phone: 472-1415 Applicant Name: W'illiam J. Feeh~n Jr. Home Applicant Date of Birth: 7-17-60 Social Sec. Driver's Lac. ~: ~-500-887-441-564 Phone: 471-7041 ~:201-48-9748 Home Address:.431~ Shoreline Company Name: Headliners Bar Company Address:4301 Company Officials: 1. Type o~ Business: .Restaurant and Bar Dr. City:.Spring lark Zip: 55384 & Grill,Inc. CO. Phone: 920-8282 Hwy. 7, Suite I00 St.Louis Park City: Zip: 55416 Mark Allen Saliterman 11-30-49 (First) (Middle) (Last) (D~79{0Birth) William Joseph Feehan 3.(First) (Middle) (Last) (Date of Birth) (First) (Middle) (Last) (Date of Birth) dfspMa Of a~y cigarette or clO~cette k~'%oper, cigar', pipe, or cigarette tc~co, s.n,Jff and c~vfng tc~acco unless e tlce~,se hal been obtained. cant it ~ pike other thru hie est~tlsh~ piece NO tfc~e shits h fl~ f~ I v~l~ ~hl~ f~ the cf~rette t~cco, s~ff, ~ ch~t~ t~co, exc~t that ~ v~l~ ~hf~ h I~t~ In t~ pike ~ere ~rsw ~r the ~4 of 18 ~erl ire ~fbft~ fr~ ~ter~. ~rl~ Ihlll sell ~ clMrette c~tlfnl~ .rlJ~, ~ ~ ~teterf~ ~ ~l~ d~ uc~t ntcot1M.. DeDartmeD~ ApProval/De,ia% (Submit memo if denied) ADD¥oved Denied Police Dept. -- Adm. -- Bldg. Dept. - - - Fire Dept. - -- - -- ~. $25.00 Each Annual Fee -~. Original · Renewal q.~ / F..~ License Yr. 5-1- to 4-30- Not Transferable: Person or Premises CITY OF MOUND 5341 Maywood Road Mound, Minnesota 55364 AMUSEMENT DEVISE LICENSE APPLICATION (Print or type only) Mound Business: Mound Address: Headliners Bar & Grill,Inc. 5241 Shoreline Drive Bus. Phone: 472-1415 Applicant Name: William J. Feehan, Jr. Home Phone: 471-7041 Applicant Date of Birth: 7-17-60 Social Sec. #: 201-48-9748 Driver's Lic. #: F-500-889-441-564 Home Address: 4317 Shoreline Drive City: Spring Park _ Zip: 55384 Company Name: Headliners Bar & Grill,Inc. Co. Phone: 920-8282 Company Address: 4301 Highway 7,Suite 100 City: St.Louis PkZip: 55416 Company Officials: 1. Mark 2. ( %iZlSlti)a m (First) 3. (First) Allen Saliterman 11-30-49 (M'iddleh)oosep _(L~.st) (Date of Birth) ~'eenan 7-17-60 (Middle) (Last) (Date of Birth) (Middle) (Last) (Date of Birth) Type of Business: Restaurant/Bar ! Does anyone other than above have a financial interest in the business? Yes_ (If yes, please list others having a financial inter- est on bac~'of this application, giving full name, address, telephone number and date of birth.) Application is hereby by requested for: Number __Item . _Fee / Juke Box Other (Describe) S of Applicant (Hours of Operation: 10:00 A.M. to 12 Midnight) $25.00/each Department Approval/Denial (Submit memo if denied) Approved Police Dept. Adm. Bldg. Dept. Fire Dept. Denied $10.00/each Annual Fee Original Renewal / License Yr. to Not Transferable: Person or Premises CITY OF MOUND 5341 Maywood Road Mound, Minnesota 55364 LICENSE APPLICATION BILLIARDS, POOL & BOWLING LANES ~/,,~, L,,.~' NOV 2 4 Mound Business: Mound Address: Headliners Bar & Grill, Inc MUS. Phone: 5241 Shoreline Dr. 4'72-1415 Applicant Name: William Feehan & ~{ark'Salite.~% Phone: See attached Applicant Date of Birth:'See attached Social Sec. #: See attached Driver's Lic. #: Ree attached Home Address: See attached City: Zip: Company Name: Headliners Bar & Grill, Inclco. Phone: 920-8282 Company Address: 4301 Highway 7 #100 City: St. Louis Zip: 55416 - pa~l, - Company Officials: 1.Mark Allen Saliterman 11-30-49 (First) (Middle) (Last) (D~t?7O{oBirth) 2.Willian Joseph Feehan - - 3.(First) (Middle) (Last) (Date of Birth) (First) (Middle) (Last) (Date of Birth) Type of Business: Restaurant and Bar Does anyone other than above have a financial interest in the business? No (If yes, please list others having a financial interest on ~ck of this application, giving full name, address telephone number and date of birth.) ' Application is hereby requested for: Number Items .2 Fool Tables Billiard Tables Pigeon Hole Tables ~agatelle Tables Bowling Alleys... Ten Pin Alley_ peniec] Fee $10.00 Each $10.00 Each $10.00 Each $10.00 Each $10.00 Each $10.00 Each Department Approval/Denial (Submit memo if denied) Police Dept. Bldg. Dept. Fire Dept. '"' Adm. $ 5.00 One Day $10.00 One Week $25.00 One Month $50.00 One Year ~2 /_~.~ License Year 2l - ! - to Day, Week or Month Date CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 ENTERTAINMENT PERMIT APPLICATION MOUND BUSINESS: MOUND ADDRESS: '472-14'15 ~eadliners Bar & Grill, Inc.BUS. PHONE #: . . 5241 Shoreline Dr. TYPE OF ENTERTAINMENT. Live music, comedy, karaokee, magic, disc. Jockey HOURS OF THE ENTERTAINMENT: 9:00 P.M. - 12:30 ~.M. Magic 4:00 P.M. - 9:00 P.M. APPLICANT NAME: William J. Feehan Jr. and Mark A. Saliterman HOME ADDRESS: See attached CITY, STATE & ZIP: See attach'ed HOME PHONE ~: See attached BUS. PHONE #: See attached DATE Department Approval/Denial (Submit memo if denied) Approved Police Dept. Adm. Bldg. Dept. Fire Dept. Denied i $750.00 Annual Fee __~ $62.50 Mo. Pro-Rated $300.00 Minimum / License Year $100.00 Monthly Fee Original Renewal Monthly Date Expiring at Midnight on the last day of the month CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 DINNER DANCINO PERMIT APPLICATION NOV 2 NAM]~ OF MOUND LOCATION: Headliners Bar & Grill! Inc. BUSINESS PHONE ~: 472-1415 MOUND ADDRESS:5241 Shoreline Dr. APPLICANT N3,ME: .William J. Feeha.n_Jr., and Mark A. Saliterman HOME ADDRESS: See attached HOME PHONE ~: See Attached ciTY _ BU. SINESS P.ONE ZIP See Attached SKtlm 451:10 I~rYe P~mlls II~tutr~. hch K~tlcrt ~o ~IIH fo~ e dlmer darce i~mlt sh~ll c~gr~te by ~ Hc~ ro~ IA tihlc~ c~l~ tlill Ix ccrd~ted. S('ctlm 1,51:15 ~[~Lt. #o climer ct~rce shall ~ held or c~t~, ~r shill ~y s~h ~1~ ~ Ilt~, In ~ pike of ~l~l In t~ City exc~t ~t~ the hmrs of Date ~ , gna~e of Applicant~ -- DepartmeDt APprpval/DeDla~ (Submit memo if denied) Approved Denie~ Police Dept._ Adm. - Bldg. Dept. Fire Dept. " - January 20, 1993 Ed Shukle, City Manager and Mound City Council 5341 Maywood Road Mound, MN 55364-1687 JAN 2 1. 1993 RE: TEAL POINTE DEVELOPMENT - land purchase Dear Mr. Shukle and Council Members, Much has been said already about the Teal Pointe Development project but one point has not received adequate consideration. The parties in this matter (developer, city, and opposing citizens) should take the time to thoroughly explore the feasibility of purchasing the land from the developer to preserve in the public domain for the benefit and enjoyment of future generations. Mound's Comprehensive Plan states that the city should expand it's existing ownership of nature areas and open space. The purchase of Teal Pointe can be accomplished more efficiently and at less expense if the parties are willing to hold off temporarily on all other matters, including a decision on the preliminary plat. From the developer's point of view (who claims to have" concern for the environment"), these discussions, if made in good faith, can only help his deteriorating image. From the City's point of view, our citizens can gain more confidence in our elected officials after knowing the details of the city budget, including all discretionary and contingency funds that could be used to purchase the land. Finally, from the point of view of opposing neighbors and the citizens of Mound, the purchase of Teal Pointe would be an important part of our community's efforts to preserve Mound's last remaining green space in a city already acknowledged to have some of the most crowded housing in Hennepin County. Therefore, it is respectfully requested that a timetable be established for land purchase feasibility discussions at the city's earliest convenience. Your thoughtful and thorough consideration would be greatly appreciated by present and future generations of Mound citizens. Sincerel~ y~ours, Tom Casey 2854 Cambridge Lane 472-1099 January 13, 1993 Laurene Edewaard 5125 Hanover Road Mound, MN 55364 ,JAN Mayor Skip Johnson 5341 Maywood Road Mound, MN 55364-0620 RE: Teal Pomte Development Dear Mayor Johnson: As a concerned citizen of Mound, I am writing to express my thoughts on the proposed Teal Pointe Development. While I object to the project as a whole, I realize that Mr. Weber does have certain rights to develop his property. However, I do not feel that the council (therefore the City of Mound) has any obligation to Mr. Weber to grant variances in order that the project might be more profitable for him. Considering the valid objections that the PEOPLE of Mound have raised against this project, I believe that the City has an obligation to us to see that Mr. Weber's project be developed within the confines of existing laws/ordinances/regulations and also the soon-to-be- passed Shoreland Managment Ordinance. Under the Ordinance, Lots l, 2 and 3 would not be buildable, yet it is my understanding that the council does have the power to by-pass the Ordinance and allow these lots to be developed. I cannot see how doing so would be in the best interest of the people, and I strongly object to the granting of any variances that would allow these lots to be developed. As you know there are many valid and compelling reasons why this project is not in the best interest of the people. At this time there are just too many unanswered questions and too many variables surrounding this project for the council to approve the preliminary plat: -Indian Burial Site -Environmental Assessment Worksheet -Protected Wildlife Issue -Retaining Wall -Excess Development Causes Drying Out of Wetlands -Requires an Imbalance of Variances -Constant Lack of Proper Notification -Dredging and Ripirian Rights -Bluff Impact Zone -Possible Water and Soil Contamination from Lots 1,2 and 3 -Density (traffic, housing) I lef~ the January 12 council meeting with the distinct impression that the council was not interested in further investigating these issues. Please convince me otherwise. Thank you. ~~/_S' cerely, ~ Laurene Edewaard John C. Edewaard 5125 Hanover Road Mound Minn. 55364 January20,1993 Ms. Liz Jensen 5341 Maywood Road Mound, Minn. 55364 RE: Teal Pointe Development Dear Ms. Jensen: I would like to point out that it is too premature for a vote on the preliminary plat for Teal Pointe. There are so many factors that have not been considered. I would like to address the disparaging Park Commission recommendation in lieu of a donation of land. The minimum requirements are for a donation of 10% fair market value and no less than $500.00 per lot created. As you know they only recommended the minimum. Considering all the current concessions the city is giving there is a marked imbalance. Here is an opportunity for the council to exercise authority that would in effect benefit us all. Since the recommended contribution is such a meager amount considering the scope of the project, one suggestion is that the council reject both lots 1, 2, and 3, the bluff impact zone and the Parks recommendation. Require an amount more in line with the project and future yield. Use that very money to purchase the impact zone and as Mr. Weber suggested clean up the debris left. Of course you have to bear in mind that alot of debris is admittedly on or from Mr. Webers property. Neil Weber is not a commercial developer breaking ground in downtown Mound. He is a residential developer that should be giving the city and it's people something in exchange for further eroding our peaceful lives. I urge you to weigh your decision on the input you have had from community members and principles of this project. Thank you.. Sincerely, /~ o~~C.. Edew~a'ard~-~'~~ I I John C. Edewaard 5125 Hanover Road Mound Minn. 55364 January 20, 1993 JAN 3 2 1993 Mr. Ken Smith 5341 Maywood Road Mound Minn. 55364 RE: Teal Pointe Development Dear Mr. Smith: I would like to bring exception to your apparent predisposition to the approval of Teal Point. Quite frankly I feel that very little about this project warrants courting Nell Weber. Some of the arguments you used to substantiate your position for Teal Pointe are so weak that I am surprised someone of your intelligence would think we could not see this. Here is a something for you to think about. The Park Commissions dedication requirements for T.P. are at best iow. The minimum standards are 10% fair market value and no less than $500.00. I am very interested in heating your response. I do know who made the recommendation and I feel that the council could reject that recommendation. I would also like to add that to the best of my knowledge all permanent members were not involved in the decision to recommend the dedication. You have a unique opportunity to use your regulatory power to do some good while Mr. Weber gets most of what he wants. Neil suggested cleaning up the whole wetland. I propose you initiate action to require a higher park dedication, use those funds to purchase the bluff zone and clean up the wetland and preserve it for years to come. This is one of many ideas available if given careful consideration. Neil Weber and Teal Pointe are not commercial developers breaking ground in downtown Mound. He is a residential developer with a development that will in time dry out the wetland. Your responsibility as I see it is to the residents of Mound. Of course I know Mr. Weber is a tax payer in our city. This does not negate your responsibilities to Mound residents. Thank you for your reconsideration of these and all the other compelling issues. ,//John C. Edewaa d To whom it may concern: I moved to Mound in 1976 with three sons and picked the small cottage I live in, not because I could get my furniture in and not because it was beautiful, but because I walked down in back and went in the woods and said "I'll take it... because this is where God wants me to raise my sons." Two blocks away was a lovely beach. The beach is gone now. There is a miniscule piece of land surrounded by two concrete sidewalks and at least five big huge boats that completely prevent swimming or sun bathing. Our first summer here there were fifty to seventy-five children on that beach. Now you will see one or two if they can bear to be ogled by the big business people that pay nothing to our taxes and give nothing back to us but cigarette butts and styrofoam cups and mockery. When a house is built, the birds go away. If several houses were built, the nesting geese and certainly the wood ducks and rare species of birds will be gone to us forever. When the pond on Whipple dried up, that runs ~nto,.Lake Minnetonka and feeds its fish, I went down there one day and couldn't believe my eyes. It was full of beautiful white long- legged Herons. Even with the pond dry, the beautiful Minnesota birds sought refuge. My friend, and avid bird watcher, got up at four a.m. to tape the birds waking, having never heard so many birds in one place. I moved away for three months to go to school in 1977 and when I came back I told one of the middle-school teachers we were so happy to be back in Island Park. He said "Island Park? that place?!" And I said "You know what .... Island Park is a wonderful place to live, to be around nature." I ca~t believe, a town; that would be up in arms about one book, that I'm sure has been read now by all those, the people wanted to keep from it and many more, a town where no matter where you ~o, you can~ avoid the shores of Lake Minnetonka, would desicate virgin lands that culture many rare species of birds, several species of croaking bullfrogs, thousands of turtles'of several species, some as big'as our little red wagon, which my sons and I used to take it back to its hOme, and a spawning ground for many different fish that then swim on out to Lake Minnetonka, would let this happen. Are we here because we want our town to look like Wayzata? No! We are here because we love the quiet, the peace. We can go to a beach ~i%hout being inundated with bodies, we can walk down to red bridge or ride bike to several beaches in town and swim o__~r fish. · We live here because we value the envoirnment on land, in the air, and in the water. I read an editorial in the local paper written by someone from a more "developed" suburb who said, Mound needs to get smart and get sidewalks everywhere and no gravel roads and more and classier shops and on & on. I chuckled to myself. I lived in suburban Chicago, Dallas, and Des Moines and I now drive sixty miles a day to live in Mound, mostly because of what I thouqht the town value system was. I pray to God. I'm not wrong. Please, do~t kill our baby ducks and minnows and baby turtles that were hatched all over that property. Please vote against development of this land. God Bless You, Barbara Needham Miller I I John C. Edewaard 5125 Hanover Rd. Mound, Minn. 55364 JAN 1 5 1993 January 13, 1993 Mayor Skip Johnson 5341 Maywood Road Mound, MN 55364-0620 RE: Teal Pointe Development Dear Mr. Mayor: Thank you for the sound judgment and guidance that you provided to the council Tuesday evening. I do, however, feel that the City council as a whole did not act in the interest of the people. Therefore I would like to reiterate my position. The Shoreland Management Act specifically addresses every aspect of this project. I won't go into the specifics of the ordinances, as I'm sure you know them well. I find it difficult to understand the purpose of the adoptive ordinances when less than 10% of Mound is left undeveloped and the council continues to circumvent their own authority and grant approval to this project and others. I strongly object to the sale of any public land for further development. Not withstanding all the current environmental objections, the encroachment of man on nature, etc., The Bluff Impact Zone is the strongest. I would like to remind you that lots 1, 2, and 3 require private lift stations, one for each dwelling. These are not 2 pump systems. Accordingly they are vulnerable to spillage and contamination of the public waters. There would be no city employee overseeing these pumps on a regular basis. Maintenance would be left to the homeowner. There is a need for more information concerning run-off from the bluff zone. I understand that the council has the power to grant variances, but this flies back into the Mayor Skip Johnson January 13, 1993 Page - 2 face of good government. The very body that creates the ordinance is willing to make exceptions. I honestly don't see a compelling reason to justify these actions. There are so many factors not being considered. Approving the pending resolution would be short sighted. The input, involvement and efforts by members of the community must be considered valid. The Bluff Zone ordinance must be applied with the full intent addressed at it's adoption. Again, Thank you. Sincerely, C. Edewaard January 25, 1993 Ed Shukle, City Manager and Mound City Council 5341 Maywood Road Mound, MN 55364-1687 RE: TEAL POINTE DEVELOPMENT - proposed resolution Dear Mr. Shukle and Council Members, On Friday, January 22, 1993, your office faxed to me a proposed resolution for the Teal Pointe preliminary plat. Within the limited available time, I submit this memorandum for your review and comment. THE RESOLUTION ~HOULD BE TABLED In behalf of the adjoining neighbors, I respectfully request that the City Council table this resolution. As detailed more fully in my letter dated January 20, 1993, the city has not received the information necessary to approve of the preliminary plat design. An EAW should be prepared, with a seasonal inventory of the affected flora and fauna. An archaeological study and traffic study should also be completed. With all due respect, it doesn't make sense and is ~ontrary to law to approve a plat design before these matters are accomplished. IN THE ALTERNATIVE, ADDITIONAL CONDITIONS AND MODIFICATIONS SHOULD BE ATTACHED TO THE PROPOSED RESOLUTION In the event that the City Council decides on January 26th to vote on this resolution, I submit the following comments and suggestions concerning the resolution itself. The following "WHEREAS" clauses need factual support from the city or the developer: Clause 4: "... the proposed subdivision is consistent with the Comprehensive plan." How does this square with the City's commitment to preserve and enhance natural areas, as outlined in the Park and Recreation section of the plan? Clause 6: "... the physical characteristics of the site are suitable for the type and density of development ...,, How can this be true if the proposed Shoreline Management ordinance would make Lots 1, 2, and 3 unbuildable? Clause 8: "... the City has considered traffic and other aspects of the proposed project ...,, Where are the numbers to support this conclusion? Clause 9: "... the proposed project will not be injurious to the use and enjoyment of other property in the immediate vicinity ...,, How can this conclusion be supported after the voluminous testimony against the development by the neighbors? Clause 11: "... the use is reasonably related to the overall needs of the city and to the existing land use ..." How can more housing in an overdeveloped city be "reasonably related to the overall needs of the city"? Clause 14: "... to allow applicant to preserve the natural trees and vegetation to the maximum extent practicable ...,, What safeguards are in place to insure that the vegetation will be preserved? Ail of the following comments and suggestions are numbered with reference to the proposed resolution. ae Section 23.412.2(2) of the Mound Zoning Code requires that, "Variances to the requirements of the subdivision ordinance may be approved by the City Council upon a showing that the public health, safety, and welfare will not be adversely affected and further that the development plan will not have an adverse effect on adjacent properties." According to the ordinance, the developer has the burden of proving that the development plan will not have an adverse effect on adjacent properties. In this case, the developer has not rebutted the neighbor's assertions that their property values will decline, traffic density will increase, noise will increase, and environmental impacts will occur if the development is approved. Therefore, the variances for the street width of Outlot A, the designation of Outlot A as a private road, the proposed lot frontage variances for Lots 1, 2, and 3 and the length of the Windsor road cul-de-sac should not be approved. Furthermore, Lots 1, 2, and 3 do not conform to the proposed Shoreland Management Ordinance. Even though the this ordinance has not been enacted, Mound City Code Section 330:30 Subd. 7 states ',... the City Council may approve reasonable conditions on the plat to negate any problem areas." Thus, the City Council has the authority to remove Lots 1, 2, and 3 from the proposed plat. The northern half of Drummond should not be included in the preliminary plat. To the best of my knowledge, this was never vacated. The first sentence should be amended to read, "The developer/project owner and representative(s~ of the opposing neiqhborhood qr~up shall participate in the preparation of an Environmental Assessment Worksheet (EAW) with the Responsible Governmental Unit in compliance with the Environmental Review Program Rules, Minn. Rules, parts 4410.0200 to 4410.7800 and all other applicable sections. Said Deighborhood representative(sl shall be allowed reasonable access ~o the property to fulfill the purposes of ~his study.,, This language allows for the widest participation in the process and may help to alleviate court challenge of the sufficiency of the EAW. An additional sentence should also be inserted, "A seasonal inventory of the property's flora and fauna should be undertaken before the EAW is completed.,, This language will help to prevent a perfunctory EAW. The first sentence should be amended to read, "The developer, after consultation with representative(s) of the opposing neighborhood group, shall employ an archaeologist approved by the State Archaeologist to undertake an on-site study to determine the existence of any Native American burial mounds or other artifacts within the project site. Any mounds or other artifacts discovered during the on-site study or during construction shall be addressed in the manner provided by law." This language allows the widest participation in the process and will 10. 11. 12. assure the maximum protection of artifacts before construction has commenced. No comment. No comment. The developer should be required to dedicate land for a public park in lieu of the suggested $500.00 per lot. This park land could be classified as a Nature Conservation Area and receive the protection against any active use that may diminish the natural characteristics of the land. (Mound City Code Section 330.120 subd. 2 and Minnesota Statute 462.358 Subd. 2 gives the city the authority to so.) When Mound is over 91% developed, the land is more valuable to our community than $500.00 per lot. No comment. No comment. The neighbors oppose the establishment of Lots 1, 2, and 3 for the reasons stated in paragraph A above. If said lots are established in spite of this objection, the second sentence should be amended to read, "All Home Owners' Association Articles of Incorporation, bylaws, and protective covenants shall be submitted to neighborhood representative(s) for review and comment, then submitted to the City Attorney for approval, and filed with the record plat." This language, again, allows for the widest possible participation in the process and may help to alleviate future court challenge. This paragraph has a typographical error. The correct code citation is Section 330: 40 subd. 4(f). A second sentence should be added to read, "The cost of any road changes or improvements to any part of Drummond or Windsor Road shall be borne by the developer only.', A third sentence should be added to read, "The developer shall place a bond in the amount of $ to protect the City of Mound and property owners from any damages resulting from the overflow of sanitary or storm sewers adjacent to the 4 13. project and to upgrade sewers to handle the increased flowage." This language will help to protect the city and adjoining property owners from the development's additional burden to existing sewer lines. A third sentence should be added to read, ,,Notwithstanding the foregoing, no retaining wall shall be approved by the City Engineer or installed until the design has been first reviewed by adjoining property owners to insure that: a. access to any part of their property is not in any way impaired; b. no additional moisture will collect on their property; and c. the use and enjoyment of their property will not be adversely affected in any other way." 14. No comment. In addition, if the City Council decides to approve the preliminary plat, the neighbors opposing this project request that the following paragraphs be added to the resolution: 15. "A conservation easement shall be recorded on the property (in favor of the City of Mound and other owners in the plat of Whipple) that states in substance: a. No tree cutting or trimming except for diseased trees or when buildings are in jeopardy; b. No disturbance of other native flora or fauna; c. No fertilizers, herbicides, pesticides, shall be used except to control plants designated as ,,noxious" under state law; d. No outdoor planting of non-native plants; (except to be planted in a reasonably-sized vegetable garden); e. No motorized access to the property from any public water; f. No dredging of an adjacent public water to benefit any property owner in the development; g. No docks, private or public, shall be allowed in the development; and h. Such other restrictions that will assist in conserving the native flora and fauna or reduce the environmental impact of the development." 16. "The developer Shall minimize any nOise to the community by building all the houses Within one year.,, 17. "Before the final plat is recorde Shall hold a public he~:_ _ d, the Cit developer has complied with all of the conditions . ~ng to determ~-- ~ ~ouncli in the preliminary plat.,, ~e Whether the 18. "The developer Shall the City to insure escrow sufficient monies with adjoining wetlands.~ clean up of the property and Thank you for your kind attention and C°nsideration. Very t~uly yours, TEC:rf cc: file RESOLUTION 1993 - ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GI~ANTING PRELIMINARY PL~T ~PPROV~L~ ~PPROVAL OF A PLANNED DEVELOPMENT ]tRE~, AND STREET DESIGN V~I~NCES FOR TE/~ POINTE WHEREAS, applicant has submitted an application for a major subdivision called Teal Pointe, pursuant to Section 330 of the City Code, and WHEREAS, applicant's proposal includes a request for a Conditional Use Permit to establish Teal Pointe as a Planned Development Area, together with a request for street design variances, and WHEREAS, the Planning Commission and the City Council have studied the practicability of the preliminary plat, the planned development area and the variances taking into consideration the requirements of the city, giving particular attention to the arrangement, location, width of streets, their relation to topography, floodplain, wetlands, water supply, sewage disposal, drainage, lot size and arrangement, the present and future development of adjoining lands and the requirements of the Zoning Ordinance, and WHEREAS, the proposed subdivision as conditioned is consistent with the comprehensive plan, and WHEREAS, the proposed design as conditioned is consistent with applicable development plans and policies, and WHEREAS, the physical characteristics of the site are suitable for the type and density of development contemplated if the conditions imposed herein are met, and WHEREAS, the applicant will be participating in the preparation of an Environmental Assessment Worksheet and should the EAW identify significant environmental issues, such issues shall be addressed by the developer in a modified preliminary plat to be reviewed and approved by the City Council prior to final plat application, and WHEREAS, the City has considered traffic and other aspects of the proposed project as it might affect public health, safety or welfare and imposed conditions upon the approval addressing those considerations, and WHEREAS, the proposed project as conditioned will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and WHEREAS, adequate utilities, access roads, drainage and other necessary facilities are being provided, and WHEREAS, the use is reasonably related to the overall needs of the city and to the existing land use, and WHEREAS, the use is consistent with the purposes of the zoning code and the purposes of the zoning district and is not in conflict with the policies plan of the city, and WHEREAS, the applicant's property is exceptional in that it is irregularly shaped and has unusual topography, and WHEREAS, the applicant's property is covered with mature trees and mature vegetation which when coupled with the unusual shape and topography requires some variation from the literal interpretation of the street design requirements of the zoning code to allow applicant to preserve the natural trees and vegetation to the maximum extent practicable, and WHEREAS, the variances requested are the minimum variances necessary to alleviate the hardship created by shape and topography and to facilitate the preservation of vegetation and , WHEREAS, the granting of the variances requested will not confer upon the applicant any special privilege that is denied owners of other lands in the same district, and WHEREAS, the granting of the variances would not be materially detrimental to the purposes of the zoning ordinance or to property in the same zone, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Mirmcsota: Preliminary Plat approval, issuance of a Conditional Use Permit to establish a Planned Development Area including the designation of Outlot A as a private street, lot frontage variances for Lots 1, 2 and 3, a variance for the length of Windsor Road and variances from the right-of-way and paved roadway width requirements for Windsor Road including the cul-de-sac area are hereby granted subject to compliance with the following requirements: A new preliminary plat drawing shall be prepared and submitted to ~ City of Mound. Said drawing shall be generally in conformance with o Exhibit "A" except that it shall identify the retention of Cobden Road?h~~'' public right-of-way. The portion of Ouflot C lying outside of Cobden Road (as shown on Exhibit "A") shall be dedicated as public right-of-way. ! I o 10. The developer/project owner shall participate in the preparation of a~ Environmental Assessment Worksheet (F_.AW) with the Responsible Governmental Unit in compliance with the ]Environmental Review Program Rules. Minn. Rules, parts 4410.0200 to 4410.7800 and all other applicable sections. All costs incurred by the City of Mound in the EAW process shall be charged to the developers escrow account. If the completed EAW identifies significant environmental issues, such issues shall be addressed by the devcloper in a modified preliminary plat which shall be reviewed and approved by the City Council prior to submission of the final plat application. The developer shall submit to the City of Mound, a copy of a letter prepared by the State Archaeologist or designated representative thereof, addressing the probability of the location of indian burial mounds within the project site. Any mounds or other artifacts discovered during construction shall be addressed in the manner identified within Minnesota State Statutes. Approvals by the City of Mound shall be subject to the completion of all required reviews and securing of permits as required by the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources, the Minnesota Department of Health and all other applicable regional, State and Federal agencies. All lots shall be required to observe the front, side and rear yard setbacks as shown on the preliminary plat. Cash in lieu of land dedication for park land dedication shall be required in conformance with Section 330:120 of the Mound Code of Ordinances. A park fee in the amount of $500.00 per lot shall be collected at the time of building permit issuance. Impervious cover on individual residential lots shall be limited to no more than 30% of the lot area. Outlot B as shown on the preliminary plat shall be dedicated to the City of Mound. The developer shall not receive park dedication credits for the conveyance of Outlot B to the City of Mound since the property lies below the 929.4 contour. A Homeowner's Association shall be established for Lots 1, 2 and 3. All bylaws, Home Owner's Association Articles of Incorporation, and protective covenants shall be approved by the City Attorney and filed with the record plat. The revised preliminary plat identified in item #1 shall note the type of housing to lac placed on all lots with slopes exceeding 10% in conformance with Section 330:45, SuM. 4f of the Mound Code of Ordinances. Il. 1:2. 13. 14. The cost of public utilities in Windsor Road shall be borne by the developer, including a sanitary sewer pumping 'station designed and approved by the City Engineer. Sanitary sewer service for Lots I, 2 and 3 shall be provided by private individual lift pumps with the forcemains combined into one common line located in Outlot A. This private line shall discharge into the public system located in Drummond Road. Windsor Road shall be extended by the developer from its present termination at the City's standard width of 28 feet. The developer shall be responsible for either obtaining easements to place fill on private property as shown on the preliminary plans, or furnish an engineered retaining wall design approved by the City Engineer. The developer shall maintain a positive cash balance in the developers escrow account to cover the costs incurred by the City of Mound in reviewing compliance with the conditions of approval. If at any time the funds in the account are depleted, the City shall suspend ali review for compliance with the aforementioned conditions until such time as additional funds are deposited. !' t I I I I ' I I I I I I I I January 20, 1993 Thomas E. Casey Attorney at Law 2854 Cambridge Lane Mound, Minnesota 55364 (612) 472-1099 Fax: (612) 472,-4771 JAN 2 1 1993 Ed Shukle, City Manager and Mound City Council 5341 Maywood Road Mound, MN 55364-1687 RE: TEAL POINTE DEVELOPMENT Dear Mr. Shukle and Council Members, As you are aware, I represent a group of neighbors that have serious concerns about the Teal Pointe development project. In this capacity, I will not participate as a Park Commissioner in any discussions or decisions directly relevant to this project. (Of course, I reserve the right to comment as a private citizen.) After researching the Mound City Code, it is my opinion that the preliminary plat cannot be approved until after the environmental impacts and other related matters have been studied. Support for this conclusion is based on the following ordinance citations: Section 330:00 contains admonitions relating to platting and subdivision, "Few activities have a more lasting effect upon its (the community) environment." This section further states that, "All subdivisions of land ... ~hall fully comply, i~n al__~l respects, with the regulations set forth herein." (Emphasis added.) Section 330:30 outlines the procedures for preliminary plats. Subdivision 7 states, "The Planning Commission and City Counci~ shall study ... (4) the environmental impact of the subdivision design or proposed improvements; ... (6) traffic considerations; and (7) any other aspect affecting the public health, safety, and welfare." (Emphasis added.) Section 330:50 Subd. 1 states, "The approval of a preliminary plat ... shall constitute acceptance of ~he design ..." Therefore, it would be illogical and contrary to the ordinance to approve the preliminary plat (i.e. accept the design) before the environmental impacts, traffic considerations, etc. of the design are studied. An archaeological study to determine the location of any Native American burial mounds or artifacts should also be included in the list of requirements. Further support for withholding a decision on the preliminary plat is found in Section 23.414: "If the environmental assessment is prepared, all other action on applications shall cease pending ruling from the Environmental Quality Board." In this case, because the developer has agreed to an EAW, the decision whether to approve the preliminary plat must not occur until a ruling from the EQB. Finally, the City's letter from the EQB states: "No final government approvals may be given to the project named in the petition ... until ... either a Negative Declaration is issued or an EIS is completed." Consequently, the final decision to approve the preliminary plat cannot occur until either a Negative Declaration is issued or an EIS is completed. Therefore, I request that the City Attorney review this letter and provide a written response to these concerns before the council meeting on January 26, 1993. For your convenience and due to time constraints, I have faxed a copy of this letter to Mr. Pearson's office. Thank you again for your kind attention and consideration. Very~uly you~, TEC: rf cc: Curt Pearson, City Attorney file P.S. - Please fax a copy of the proposed resolution for Teal Pointe as soon as it is available. 2 January 19, 1993 JAN2 1 19~ MOUND ~iNG & INSP. Jon Sutherland, Building Official City of Mound 5341Maywood Road Mound, MN 55364 RE: Petition for an Environmental Assessment Worksheet (EAW) for Teal Point Subdivision--Mound Dear Mr. Sutherland: The Environmental Quality Board (EQB) has received a petition requesting that an EAW be prepared on the project described in the petition, and has determined that City of Mound is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of EAWs, can be found in the Minnesota Rules, parts 4410.0200 to 4410.7800. Please contact me if you do not have access to these rules. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100). A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. If preparation of an EAW is neither mandatory nor exempted, City of Mound has the option to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100, subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained. llllllllilNIAi IIAIIIY IOAII S§N CIBAI tlli[l, SI. FAll, II i§l§i Sim 296-2603 fAX 112 2S6-3608 STAFF PBIVIDIB BY [] PIANNINt January 19, 1993 Page Two You are allowed 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. If for any reason you are unable to act on the petition at this time (e.g., no application has yet been filed or the application has been withdrawn), the petition will remain in effect for a period of one year, and must be acted upon prior to any final decisions concerning the project identified in the petition. Notice of the petition and its assignment to your unit of government will be published in the EQB Monitor on February 1, 1993. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296-8253 or you may call on our toll-free line by dialing 1-800-657-3794. Sincerely, Gregg Downing ~ Environmental Review Coordinator cc: Neil Weber, Brad Biermann -~.-.~..-,. PETITION FOR ENt~IRONI~ENTAL ASSESSMENT WORK.~E'T~ TO: Environmental Qualfty Board Attn: Greg Downfng 300 Centennial Bu±lding 645 Cedar St. St. Paul, MN 55155 For their Petition for an Environmental Assessment Worksheet (EAW), the petit±oners state as follows: A. Project Description. Teal Point Development Project, located east of Windsor and Drummond Roads, Mound, MN. B. ~roject proposer. Nell Weber and Fred Bame, Teal Point Development Co., c/o Schwarz/Weber Architects, 3952 Louisiana Ave. S., Minneapolis, MN 55426 C. Pet±tioners' Representatfve. Brad Bfermann, 5106 Windsor Road, Mound, MN 55364 (612) 472-1483 D. ~rief Description of Potential Environmental Effects: The proposed 9-lot residential development project is located on property that forms a peninsula surrounded on three sides by a "deep wetlands area" connected to Lake Minnetonka. The proposed development is located within a "shoreland area" is defined by state law and may have the potential for significant environmental effects as listed below. (Please note that this information is still being accumulated whereby additions or modifications may arise.) 1. Damage or removal of mature hardwood forest (oak, maple, basswood, etc.); 2. Diminished water quality of wetlands and Lake Minnetonka due to increased nutrient loading from runoff. (No herbicide or pesticide regulations apply within the City of Mound; therefore, increased deposition from lawn chemicals is likely); 3. Increased sedimentation of wetlands from runoff; 4. Loss of native plant understory. (The exact species can be determined only by three-season inventory); 5. Loss of a nesting habitat for tree-hole birds (owls, wood ducks, woodpeckers, etc.), loss of tree perches for hawks, and loss of ground cover for pheasants and their broods; 6. Loss of upland habitat for squirrels, deer, and other mammals; 7. Increased pressure on wetlands fauna such as waterfowl, beaver, muskrat, frogs, turtles, and other reptiles and amphibians; I I 8. Increased surface use of the surrounding wetlands by residential snowmobiles and their inevitable impact on local flora and fauna; 9. Increased noise (emitted by construction equipment, automobiles, snowmobiles, lawn equipment, etc.); 10. Increased air pollution (from dust and/or fumes emitted by construction equipment, automobiles, snowmobiles, lawn equipment, etc.); 11. DeGradation of possible fish spawning site; 12. Potential site of Native American burial mound, relics, etc. (an unidentified mound is located on the property); 14. Surrounding wetlands may be important area for environmental education; 15. Adverse visual impact of lights and homes on one of the few natural shorelands left in the City of Mound; and 16. Increased population pressure on municipal services in an already over-developed city. Furthermore, developer's agents have stated orally that a dredge of the wetlands is planned to link the project via a channel to Lake Minnetonka. E. Material Evidence For Potentially ~.iGnificant Environmental Effects. All flora and fauna described in this petition have been personally observed by one or more of the petitioners. THEREFORE, the undersigned request that an Environmental Assessment Worksheet (EAW) be prepared for this project, including but not limited to: (1) a four-season inventory of potentially affected flora and fauna; (2) an archaeological determination of the existence of Native American burial sites or relics; and (3) all other legal requirements. NAME (S~ure) MAILING ADDRESS PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET (continued) i This )e'tter is in recjard to the onsskble channe in lot size requirement= in the city o¥ .......... '" My wi.re and I are st:ronclv agaiDst the chance in resoect. to our property ...... " ' . , · ~-~,~t. we have acquired for the main purpose o-f developing as per the platted lots which are preserr[lV bLli I dabl e unde; .... ~.. . tht=, city code. ohould the new size rmquirements take plac:e~ wPat we have saved 'for and pLir'~hssed w~oLlld Be [~o longer- the investment we had in mir'id at the time of purchase. Inc:losed is a olat map that shows our property that we ~:~ve arid what our- ~i~uat. ion i~s. ' ~, ~ 10ts 1 throLl~h 6 in the whipple addition ar'e lots we have pLw'c:kiased with our home and the i de~ that chi].dreri are grown and are riot in need of the larqe area to:, play ally motet we could develop the r'emairiino lc, ts. ' .... pLtr-'chased Ot.ir hc)iii~ }ii'Ih {h~se lots we checl<~?d with .......... · .t.,r bl.iild,=~b.~e lot size requirement:s ancl made our decision t. hell hlit th:is was a flood investment for thE, ............ "" W i 't h ..In:~ possi,.s~.lit, y c,'f a change in size required For a buildaba, e lot 5, we *~oL.tld ............ ' ~v~:.,, t.L, sLibdivide rioN~ pay r]or'i-hoilieste~td which would ~- us, ...... . TL, F'CZE~ ~ii"iar;c]i al l'yt t.c, sel 1 al-id F~ov~ ori. We .Feel you are taking something away ~rom us that we thoLicjht was ours at the time o.F purchase. How can ~.l,a% be .F a i r ? ..... Our lots are last: in a row o~ already developecl 40 'Frontage lc, ts. We 'Feel it would be noncc, n.Forming to tSe neighborhoc, d i.F it were to be chan~ed A buitder would t:o add the hiciher cost of the larger lot: to the hc:,T,e built: on a lot c)~ increased size and i'b would not be Beneficial to any bkli 1 der 'ko overbui 1 d in a l]ei ghbc, rhood that i ~ establ i shecl. - ..... t.~ ~ e,~dy been -this is why we don't Llriders~aiqd why a change :i~. being considered ~or Mound at all ,, ' - · _ ~ being I:ound has alread),. established neiglnborhoocls. How manv lots ar'e le.ft, in :lound ~or t::e change in lot size be even considered an issue? T"iere~ore, We urine YOU to abolish the idea to change the square 'Footage requirement=, in the well est. abliskled and unique city o-F Mt.,u:id. Sincerely., Dean and Jul 5. Ann Hunter '10 DEC 31992 Dec 2, !~92 City of r~ound Ed Shukle City Mgr Subj: Pending proposal to increase the b~:ildab!e lot size from 6000 to 10000 sq ft. Dear Sir: I wo~ld like to exore?s an opinion that I believe this to be ~n unfair and extreme measure to be taken ~or any already platted property. 1) All property in the area is of the 6000 ft variety. See sheet #! 2) We were granted a subdivision of this property by the city council in 1980. See attached sheet #2. 3) Existing platted properties are normally grandfathered, only new properties should be affected. 4) This area would not be suitable for a house to be twice as big as the neighbors. I plan to be at the Dec council meeting and look forward to further discusion on this matter. Yours truly, Richard Maloney 1315 Bluff Creek Dr Chaska MN 55318 445-3002 FERNSIDE LANE~ LA. ~ 0 Z ..,. i Councilmember Swenson moved the following resolution, October 14, 1980 RESOLUTION NO. 80-389 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OFLAND WHEREAS, an application to waive the subdivision requirements contained in Section 22.00 of the City Code has been filed with the City of Mound, and WHEREAS, said request for a waiver has been reviewed by the Planning Commission and the City Council, and WHEREAS, it Is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; that the waiver is neces- sary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND MOUND, MINNESOTA: ' 1) The request of Richard Maloney for the waiver from the provisions of Section 22.00 of the City Code and the request to subdivide oroperty of less than five acres is hereby granted to permit division of the following described property: Lots 31, 32, 53 & 54 of Subdivision of Lots 1 and 32, Skarp & Lindquists Ravenswood, Plat 62150, Parcel 3410, PID #13-117-24 44 0077 into the following proposed parcels, with owner having choice of division into 3 or 4 parcels as follows: Parcel A = Lots 53 and 32 Stipulation that porch is removed from existing house to a point where it meets setbacks and that garage be removed. Parcel B = Lot 31 Parcel C = Lot 5/~ Stipulation that &xi'sting garage be remO~ed'thbb i:s now IoCated on Lots 53 or Sq. Alternate for having subdivision into four (4) parcels: Parcel I - Lot 54 (remove existing garage) (6,695.39 sq. ft.) Parcel 2 - Lot 53 (7,241.88 sq. ft.) (remove portion of garage ex[sting on this lot and move portion of home on this lot to be within setbacks of Lot 32) Parcel 3 - Lot 31 (6,507 sq. ft.) Parcel 4 - Lot 32 (6,196.~ sq. ft.) (move existing structure that is partially on Lot 53 so that enttre structure l's located on Lot 32 and within prescribed set§acEs-~ Note: All of the above property is zoned B - Duplex requiring 6,000 sq. ft. per unit, 12,000 for duplex, or can build single family residence on on 6,000 sq. ft. lot. 2) That any deficiencies in assessments resulting in this division be paid in full or waivers.signed. Further, that any pending assessments that may be due are to be assumed by the new owners of said parcels. 3) It is determined that the foregoing division will constitute a desirable and stable community development and is in harmony with adjacent properties. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant for filing in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show com- pliance with the subdivision regulations of this City. A motion for the adoption of the foregoing resolution was duly seconded by Council- member UIrlck and upon vote being taken thereon; the following voted in favor there- °f; Lovaasen, Polston, Swenson, Ulrlck and ~ithhart, the following voted against the same; none, whereupon said resolution was declared passed and adopted signed by the Hayor and his signature attested by the City Clerk. ' ~ . .../~,,_... Attest:.i,City Clerk CI~C s/Tim Lovaasen Hayor I 1 CITY OF HOUNO STATE OF MINNESOTA COI. INTY OF HENNEPIN !. the undersigned, being the duly qualified and acting Clerk of the City of Hound~ Minnesota, hereby attest and certify that: 1. As such officer, I have the legal custody of the original record from which the attached and foregoing extract was transcribed. 2. ! have carefully compared said extract with said original record. 3. I find said extract to be a true, correct and complete transcript from the original minutes of a meeting of the City Council of said City held.on the date indicated in said extract, including any resolutions adopted at such meeting, insofar as they relate to: RESOLUTION 80-389 'CONCURRING WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND - Lots 31, 32, 53 & 54 of Subdivision of Lots I and 32, Skarp & Lindquists Ravenswood Approved by the City Council October 14,'19RO. 4. Said meeting was duly held, pursuant to call and notice thereof as required by law. City. this WITNESS my hand officially as such Clerk, and the seal of said 1st day of July 19~ 81 Ma ry H .~/C ron i n, CMC CITY CLERK (SEAL) Certtftes+.e of Survey f~r .Ri chard I~. Lots 31, 3.~, 53, nnd ~u~dJvl.~lon of r~ts ~ and ~, ~nd Llndqut~t~ B~v,ns~od H~nner~ n Co,mt.y, I hereby certify that this ts a true and correct representation of a survey or the boundaries or Lots 31, 32, 5], and 54~ Subdivision of Lots I and ~2~ Sksr~ and Ltndqut~t's Ravenswood, and the location of a~l existing bu~ldlnFs, if any, thereon. It does not purport to sho~ other improvements or encroachments. Seale~ 1" = /~0' I~te , 9-12-80 o ~ Iron marker Land Surveyor and Planner bong Lake, 14lnnesota CITY OF MOUND MOUND, MINNESOTA NOTICE OF PUBLIC HEARING TO CONSIDER HODIFIC~TIONS OF THE HOUND ZONING CODE (MOUND CITY CODE, ~PPENDIX B) INCLUDING THE ADDITION OF PROVISIONS REGULATING THE NANAGEMENT OF SHORELAND AREAS NOTICE IF HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, Mound at 7:30 P.M. on Tuesday, February 23, 1993, to solicit the public's input relating to proposed modifications of the Mound Zoning Code. The proposed modifications include, but are not limited to, the establishment of a shoreland management ordinance that applies to all land located within one thousand (1,000) feet from the Ordinary High Water Level of a lake, pond or flowage. The shoreland management ordinance contains regulations that impact land uses, setbacks, and the amount of allowable impervious cover. Additional zoning changes include, but are not limited to, modifications of Section 4. General Provisions, Section 6. District Provisions and Section 7. Performance Standards. Included in the changes are provisions impacting lot size, building setbacks and acceptable building materials. Ail persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Francene C. Clark, CMC City Clerk Publish in The Laker - February 1, 1993 McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 December 1, 1992 Telephone 612/476-6010 612/'476-8532 FAX Engineers Planners Surveyors Honorable Mayor and Members of the City Council City of Mound 5341Maywood Road Mound, Minnesota 55364 liE'[} DEC 3 t992 SUBJECT: City of Mound, Minnesota Proposed Storm Sewer Improvements Cottonwood Lane/Dakota Rail MFRA #10213 Dear Mayor and Council Members: As requested, we are submitting a Preliminary Engineering Report for proposed storm sewer improvements adjacent to Dakota Rail and westerly of Cottonwood Lane. If you have any questions or need additional information regarding anything contained in this report, we will be pleased to discuss it further at your convenience. Very truly yours, McCOMBS FRANK R00S ASSOCIATES, INC. John Cameron JC:jmk Enclosures '"~ An Equal Opportunity Employer PRELIMINARY ENGINEERING REPORT Proposed Storm Sewer Improvements Cottonwood Lane/Dakota Rail Mound, Minnesota December, 1992 GENERAL The problem area, which consists of an open ditch, is located approximately half on Dakota Rail's property and half on private property. This ditch, which connects a small wetland to a 36" concrete pipe under Dakota Rail, is in very poor condition with steep side slopes and numerous trees growing in the banks. The ditch and culvert is the only outlet from the small wetland located on part of Lot 34, Koehler's Second Addition to Mound, which is owned by the City of Mound. The City acquired this property in 1974 as tax forfeit property from the State of Minnesota, for use as a wetlands. A fairly large drainage area, extending north of County Road 15, discharges into this wetland by means of a 24" storm sewer which was installed in 1978. The cost of that storm sewer project was assessed to the benefitting properties in the watershed area. The major portion of this small wetland is located below the 100-year flood elevation of 935.0 for Lake Langdon, as identified on the National Flood Insurance Map prepared by the Federal Government and adopted by the City of Mound. The inverts of the 36" culvert under Dakota Rail are below the Ordinary High Water (0HW) elevation of 932.1 for Lake Langdon, as set by the DNR. In fact, the outlet end on the south side of the railroad tracks is over 2 feet below the 0HW; this results in the water standing in the culvert most of the time. Mr. and Mrs. Hahn, Owners of Lots 39 & 40, Lynwold Park, have requested that something be done to eliminate the open ditch and standing water on their property. DESIGN There are several possible solutions to the problem. One would be to completely regrade the area, removing all the trees in the ditch bottom and side slopes. This will not completely eliminate the standing water, because it can still back-up from Lake Langdon. In order to improve the steep slopes along both sides, the ditch would have to be widened onto private property. - 1 - The other solution would be to extend the 36" culvert westerly to the edge of wetlands; thereby eliminating the need for a ditch. A manhole structure with a catch basin inlet would need to be constructed over the end of the existing 36" concrete pipe. Approximately the last 200 feet of the west side of Cottonwood Lane, as well as part of the Hahn property, including their driveway, drains into the existing ditch. Because the area at the end of Cottonwood Lane and the Hahn driveway is fairly flat, a catch basin inlet at the new structure would collect runoff better than allowing overland drainage all the way to the wetland. We would recommend only minimal disturbance of the wetland as necessary to install the storm sewer, because this area acts as a natural filter for the storm water before it enters Lake Langdon. Permits from agencies such as the Minnehaha Creek Watershed District would need to be obtained before construction could commence. The only viable solution to eliminate the problem of standing water would be the installation of the storm sewer. Either of the solutions would require an easement from the Hahn's and a permit from Dakota Rail. COSTS For purposes of this report, a preliminary cost estimate was prepared only for extension of the storm sewer as suggested. The estimated cost of the proposed project in this estimate includes contingencies, engineering, legal, fiscal and administrative costs, but does not cover any easement acquisition. A detailed cost breakdown is included at the end of this report. ASSESSMENTS In the past, storm sewer improvements have been assessed to properties in the drainage area on a square footage basis. As previously mentioned, the total drainage area extends well north of County Road 15. Most of this area was assessed under the storm sewer project completed in 1978. It would be very difficult to assess these properties again for an improvement that does not show a direct benefit. This leaves only one alternative, which is to assess the properties which drain directly to the wetlands and ditch. Using this method of assessment, the estimated cost of the project has been spread over a -2 - drainage area of 194,315 square feet, which results in a cost of $0.08 per square foot. The City owns two parcels and the right-of-way for Cottonwood Lane, which totals 86,040 square feet. This would put the City's share of the project at $6,883.00, or 44.3%, with the remainder assessed to the properties within the drainage area. Enclosed at the end of this report is a map which shows the properties in the drainage area and a list of the proposed assessment for each using property this method. CONCLUSIONS AND RECOMMENDATIONS Technically, the proposed project is feasible in that it can be designed and constructed using conventional methods. Economically, the project is very questionable, due to the cost compared to the benefit received by the area served; however, that is an issue better addressed by the City Council in its determination of City Policy. -3- PRELIMINARY COST ESTIMATE ITEM QUANTITY UNIT PRICE 36" R.C.P. Catch Basin Manhole 36" Concrete Apron Rip Rap Tree Removal Granular Material Fill Restoration Contingencies 50 L.F. $ 6O.00 1 EACH $3,300.O0/EACH 1 EACH $ 800.00/EACH 6 C.Y. $ 50.00/C.Y. 1 L.S. LUMP SUM 20 TON $ 8.00/TON 260 C.Y. $ 5.00/C.Y. 1L.S. LUMP SUM TOTAL ESTIMATED CONSTRUCTION COST Engineering, Legal, Fiscal and Administrative Cost TOTAL ESTIMATED COST TOTAL 3,000.00 3,3oo.oo 800.00 3oo.oo 1,5oo.oo 16o.oo 13oo.oo 500.00 1,o9o.oo 11,95o.oo $ 3,55o.oo $ 15,5oo.oo EXHIBIT A Parcel No. OO2O 0022 0023 * 0024 * 0025 0045 PROPOSED STORM SEWER ASSESSMENT Area 21,250 S.F. lO,000 S.F. 10,000 S.F. 55,640 S.F. 22,800 S.F. 20,750 S.F. Proposed Assessment $ ~,700.00 800.00 8oo.oo 4,451.20 1,824.OO 1,660.00 OO~6 oo59 0020 oo21 0022 3,750 S.F. 7,500 S.F. 9,375 S.F. 11,250 S.F. 14,400 S.F. 300.00 600.00 750.00 900.O0 1,152.00 R/W * alley * Cottonwood Lane 2,600 S.F. 5,000 S.F. 208.00 400.00 TOTAL * City owned property. City Total : 86,040 S.F. 194,315 S.F. @ O.08/S.F. : $6,883.20. City share represents 44.3% of total project. $15,545.20 EXHIBIT B HILLCREST RD ~ (28) 11 '3 si (~9) Z4_ 53) zs 10)~ 17.8. ~ (11Z) IZ7.~ ~(~6) ~ (1~) (r~) 15) 16) (VI, CAI'Et) 6-16-t'7) (11) KLM 7-18-"JB 15! 5 (41) Exhibit D '-- AUG 06 '92 li:32AM MCCOMBS FRANK ROOS P.Z/Z McCombs Frank Roes Associates, Inc 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone Engineers 612/476-6010 Planners 812/476-$53~ FAX Surveyors TO: Mr. Edward $. Shu~ie, Jr., City Man.er FRO~I: John Caaeron, City Engineer DATE: August 6. 1992 SUBJECT: City of Xound, Minnesota Dakota Rail Culvert & Ditch #8903 As requested, ~eno Hoff and myself inspected the subject problem and report the following: the Owners of 22?3 Cottonwood Lane had requested that Public Works clean the ditch directly upstream from the 36" culvert under Dakota Rs/1. This ditch iS the only outlet from a small wetland located on part of ~ot 3~, Koehler's Second Addition to Mound, which is owned by the City of Mound. The City acquired this property in 197~ as a tax fforfeited parcel from the State of Minnesota, for use as a wetland. A fairly large drainage area, extendin~ north of County Road 15, dischar~es into this wetland by means of a 2~" stor~ sewer. We can only assume that the 36" concrete pipe under Dakota Rail, which se~ves as an outlet for this wetland to Lake Lan~don, was oriEinally installed by Buelinston Northern Railro~d. This ditch is in very poor condition with steep side slopes and numerous trees growing out of it. By cleaning the accumulated debris and silt from the bottom of the ditch, Public Works did the best they could under the circumstances. This area is very flat and now a small amount of water is standin~ in the ditch. Part of the problem appears to be the water level in Lake LanEdon, which is high enough to back up into the culvert. The pipe is about 1/3 ~ull at the outlet on the south side and has 8" of standing water in the bottom of the inlet on the north end, which would account for most of the standing water in the ditch. Undoubtedly, in time. the ditch will again become silted in and overgrown. There are several possible solutions to the problem, but they would be expensive. One would be to completely regrade the area, removing all the trees in the ditch bottom and side slopes. This ma~ not eliminate the standinE water if it is indeed backing up ffrom Lake Lan~don. Depending on where the property lines a~e located and the existence of any easements, the steepness of the side slopes may or may not be improved. The other solution would be to extend the culvert westerly to the edge of the wetlands, thereby eliminatinE most of the ditch. This probably will not eliminate the standing water, but would move it to the end of the new storm sewer pipe at the ed§e of the wetlands. Without elevations of the wetlands, the culvert and Lake Lan~don, it is very difficult to be mo~e definite with our evaluation of the situation or proposed solutions. AEain, unde~ the circumstances, I believe that Oeno did the best he could cleanin~ the ditch, especially when this is what the adjacent property owner wanted done. August 5, 1992 TO: City Council of Mound FROM: Philip and Christina Hahn, residents of Mound RE: Excess storm water run-off from the city Dear Sirs and Madams, In October of 1991, my husband Philip and I purchased the home at 2273 Cottonwood Lane in Mound. Since the purchase of the home and property, we have noticed a sizable "puddle" of water settling just south and directly on the property. This puddle is full of polluted, foul-colored water which promotes excessive breeding of insects.(Foul nature of the water is evident in enclosed photos.) Furthermore, the puddle is created by a non-functioning "drainage" system used by the city to relieve excess storm water run-off. At this point, the city refuses to relieve the water problem resulting from their "drainage system". Representatives from the City of Mound Public Works have informed me on several occasions that the area, including a culvert located at the end of the puddle, is used by the city to drain excess storm water from the surrounding private and city properties. The water runs to the "drainage,, area, but instead of draining into Langdon Bay as planned, the water pools and remains stagnant on the surrounding land. Although the culvert and some surrounding land is owned by Dakota Rail, the water itself is run-off from city and private properties. Furthermore, since the city regards this area as a part of the city drainage system, it is the responsibility of the city to maintain its own system. The explanation submitted above is a brief, but accurate description of the problem. My husband and I will be attending the August llth council meeting, where we hope to explain the problem in detail as needed. Thank you for your time, and we sincerely hope to find a permanent solution to this problem. Christina M. Hahn /z,/ ,',--t CITY of MOUND September 29, 1992 Mr. and Mrs. Phillip Hahn 2273 Cottonwood Lane Mound, MN 55364 RE: 9-22-92 Meeting Dear Mr. and Mrs. Hahn: I attempted to reach by you telephone and left a message on your recorder, but have not heard back from you. 'Therefore, I thought I should write a letter to you concerning the follow up that we were going to do after the meeting held this past Tuesday. I spoke with Curt Pearson, City Attorney, regarding the petition that you are considering to submit to the City Council for a storm sewer improvement per our discussion of 9-22-92. Mr. Pearson indicated that in order for the City Council to move forward on such a petition, a majority vote (3 votes) requires 35% of the benefitting property owners to petition for the improvement. If there are less than 35% petitioning, for example; yourselves submitting the petition alone, the Council could order the improvement, but it would have to be done on a 4/5 vote. In other words, the 35% rule applies in terms of the City Council being able to do an improvement by a majority vote or by having to do it by 4/5 vote. As mentioned to you at our meeting, the City Council could initiate the improvement without any petition. I would think, though, that in this particular case, the Council would want input from the area residents to determine if they wish to be assessed for an improvement project such as this. On behalf of Mr. Cameron, I want to apologize regarding the survey of your property. Mr. Cameron indicated to you that there was a survey on file. Returning to the office with me after our meeting of last Tuesday, he checked again and found that he was in error. The survey information that he found was not an official survey of your property. I apologize for the confusion that this may have caused you. Thus, I thought it would be important for you to know that should you want to go forward with petitioning the Council for this improvement, that you would not have to spend the time that it would take to circulate a petition in the area. However, I think ~ printed on recycled pape, Mr. and Mrs. Phillip Hahn Page 2 it is in your best interest to consider the other properties within the area as you petition for the improvement. The City Council is going to want to hear from other residents regarding this issue before they decide that they would like to go forward with a storm sewer improvement. Certainly, the others that would be assessed for the improvement would want to be made aware of what is being proposed and I think it would be in your best interest to make contacts with area residents before you bring any petition forward. In an unrelated issue, but one that you will possibly see from your property, the city public works department will be doing some maintenance cleaning of a drainage ditch just to the west of your property. We have noticed a buildup of silt and sand that drains from County Road 15 (Lynwood Blvd.) into a drainage ditch that flows into the City's wetlands to the west of your property. We need to clean this ditch up to prevent water backup to area properties that abut Lynwood Blvd. We last cleaned this ditch 5-10 years ago. Please don't confuse this project with what we talked to you about. They are not the same thing - to take care of the issue you are concerned about, a storm sewer project is the only way to permanently resolve the open ditch and standing water situation. If you have any questions with regard to this information presented in this letter, please do not hesitate to contact me. Sin_cere. ly, ~ City Manager cc: John Cameron, City Engineer Geno Hoff, Street Superintendent ES:is McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447 TO: FRO~: Mr. Edward J. Shukle, Jr., City Manager John Cameron, City Engineer Telephone 612,476-6010 612476-8532 FAX Engineers Planners Surveyors DATE: August 6, 1992 EF0 AUG ? 992 SUBJECT: City of Mound, Minnesota - Dakota Rail Culvert & Ditch MF~A #8903 As requested, Oeno Hoff and myself inspected the subject problem and report the following: the Owners of 2273 Cottonwood Lane had requested that Public Works clean the ditch directly upstream from the 36" culvert under Dakota Rail. This ditch is the only outlet from a small wetland located on part of Lot 34, Koehler's Second Addition to Mound, which is owned by the City of Mound. The City acquired this property in 1974 as a tax forfeited parcel from the State of Minnesota, for use as a wetland. A fairly large drainage area, extending north of County Road 15, discharges into this wetland by means of a 24" storm sewer. We can only assume that the 36" concrete pipe under Dakota Rail, which serves as an outlet for this wetland to Lake Langdon, was originally installed by Burlington Northern Railroad. This ditch is in very poor condition with steep side slopes and numerous trees growing out of it. By cleaning the accumulated debris and silt from the bottom of the ditch, Public Works did the best they could under the circumstances. This area is very flat and now a small amount of water is standing in the ditch. Part of the problem appears to be the water level in Lake Langdon, which is high enough to back up into the culvert. The pipe is about 1/3 full at the outlet on the south side and has 8" of standing water in the bottom of the inlet on the north end, which would account for most of the standing water in the ditch. Undoubtedly, in time, the ditch will again become silted in and overgrown. There are several possible solutions to the problem, but they would be expensive. One would be to completely regrade the area, removing all the trees in the ditch bottom and side slopes. This may not eliminate the standing water if it is indeed backing up from Lake Langdon. Depending on where the property lines are located and the existance of any easements, the steepness of the side slopes may or may not be improved. The other solution would be to extend the culvert westerly to the edge of the wetlands, thereby eliminating most of the ditch. This probably will not eliminate the standing water, but would move it to the end of the new storm sewer pipe at the edge of the wetlands. Without elevations of the wetlands, the culvert and Lake Langdon, it is very difficult to be more definite with our evaluation of the situation or proposed solutions. Again, under the circumstances, I believe that Geno did the best he could cleaning the ditch, especially when this is what the adjacent property owner wanted done. An Equal Oppodunity Employer EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF MOUND, EENNEPIN COUNTY, MINNESOTA Pursuant to due call and notice thereof, a meeting of the City Council of the City of Mound, Minnesota, was duly held at the City Hall in said City on Tuesday, the 26th day of January, 1993, at 7:30 p.m. The following members of the Council were present: and the following were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION PROVIDING FORT HE ISSUANCE AND SALE OF $790,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 1993A W~EREAS, in 1985, the City issued $1,800,000 General Obligation Tax Increment Redevelopment Bonds of 1985, dated October 1, 1985, and WHEREAS, Springsted Incorporated, the City's financial advisors, have investigated the feasibility of advance refunding the 2000 through 2004 maturities of the City's $1,800,000 General Obligation Tax Increment Redevelopment Bonds of 1985, dated October 1, 1985, and WHEREAS, Springsted Incorporated advises that a refunding will generate a cash flow to pay the bonds of said issue callable on October 1, 1999, and the City will achieve roughly $35,500 in savings after the payment of all expenses in refunding the issue, and WHEREAS, it is therefore deemed advisable and in the public interest to refund the bonds of said issue maturing in the years 2000 through 2004, and to provide funding to refund prior to maturity said bonds, and that authority for said funding is found in Minnesota Statutes, Chapter 475, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~E CITY OF MOUND, MINNESOTA, as follows: 1. The advance refunding of the 2000 through 2004 maturities of the City's $1,800,000 General Obligation Tax Increment Redevelopment Bonds of 1985 is hereby determined to be necessary and desirable for the reduction of debt service costs to the City. 2. The City shall issue and sell its General Obligation Tax Increment Refunding Bonds, Series 1993A, in the aggregate principal amount of $782,100 for the above stated purposes. It is further determined that additional bonds in the amount of $7,900 shall be issued to represent the additional cost of marketing bonds, as authorized by Minnesota Statutes, Section 475.56, which amount does not exceed 2% of the amount otherwise authorized. All amounts received for the sale of said bonds in excess of $782,100 shall be credited to the sinking fund for the payment of interest on these obligations. 3. Springsted, Incorporated is hereby directed to negotiate for the sale of the Bonds in accordance with the attached Terms of Proposal, as authorized by Minnesota Statutes, Section 475.60, Subd. 2, paragraph (9). Proposals for the Bonds will be received on Tuesday, February 23, 1993, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 p.m., Central Time, of the same day. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Attest: Mayor City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND I, the undersigned, being the duly qualified and acting City Clerk of the City of Mound, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on January 26, 1993, with the original on file in my office and the same is a full, true and complete transcript therefrom. WITNESS My hand seal of the City this officially as such City Clerk and the corporate day of , 1993. City Clerk 1, JAN 2 0 1993 Recommendations For City of Mound, Minnesota $790,000 General Obligation Tax Increment Refunding Bonds, Series 1993A Study No. M1340B1 SPRINGSTED Incorporated January 18, 1993 SPRINGSTED PUBLIC FINANCE ADVISORS Home Office 85 East Seventh Place Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 120 South Sixth Street Suite 2507 Minneapolis, MN 55402-1800 (612) 333-9177 Fax: (612) 349-5230 16655 West Bluemound Road Suite 290 Brookfield, WI 53005-5935 (414) 782-8222 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211-1533 (913) 345-8062 Fax: (913) 345-1770 January 18, 1993 Mayor Ferner "Skip" Johnson Members, City Council Mr. Edward Shukle, Jr., City Manager Mr. Gino Gusarcio, Finance Director City of Mound 5341 Maywood Road Mound, MN 55364-1687 1800K Street NW Suite 831 Washington, DC 20006-2200 (202) 466-3344 Fax: (202) 223-1362 Re: Recommendations for the Issuance of $790,000 General Obligation Tax Increment Refunding Bonds, Series 1993A We respectfully request your consideration of our recommendations for the above-mentioned issue and the attached Terms of Proposal. On October27, 1985 the City issued $1,800,000 General Obligation Tax Increment Redevelopment Bonds of 1985 (the "1985 Bonds") for the purpose of financing the public improvement costs associated with the City's Town Square Redevelopment and Tax Increment Financing District (the "District"). The callable maturities, 2000 through 2004, totaling $750,000 of principal, are outstanding at a net interest rate of 8.82%. Based on current market conditions it is estimated that these bonds could be refinanced at a net interest rate of 5.33% providing a net savings to the City, net of all costs of issuance, of approximately $35,500 with a present value of $22,900, or 17.8% of the interest cost. Based on current market conditions, it is our recommendation that the City proceed with the sale of a "crossover" refunding bond issue that would advance refund the 2000 through 2004 maturities of the 1985 Bonds. A crossover refunding is a mechanism whereby only the callable bonds of an issue are refinanced at lower interest rates. The City will continue to pay principal and interest on the non-callable bonds until the call date of October 1, 1999. At the call date the escrow account, which is funded primarily from bond proceeds, matures and pays off the callable bonds. Subsequently, the City will then start to pay principal and interest on the new bonds. We note that during the period of time the new bonds are outstanding until the call date, the escrow account will pay the interest on those new obligations. City of Mound, Minnesota January 18, 1993 .Refundin.q Analysis Attached as Appendix I is a complete analytical summary of the refunding. Schedule A shows the debt service of the 1985 Bonds, as it exists now. On the call date of October 1, 1999, all of the 1985 Bonds maturing in 2000 through 2004, totaling $750,000, will be called in for redemption. Schedule B shows this amount of refunded principal. Schedule C shows the nonrefunded principal and interest. The City will continue to pay debt service on these amounts through October 1, 1999. Schedule D shows the estimated debt service for the 1993A Refunding Bonds. The City will begin to pay debt service on these bonds beginning on April 1. 2000. Up until that date, the debt service on these bonds will be paid by investment earnings of the escrow account. Schedule E is the total estimated debt service for this issue, the outstanding debt for the 1985 Bonds, and the estimated annual savings due to the refunding is shown in Column 6. Schedule D of Appendix I is the amortization schedule for the 1993A Refunding Bonds. These bonds will be dated March 1, 1993 and mature October 1, 2000 through 2004. Interest on the bonds due October 1, 1993 through October 1, 1999, will be payable from an escrow account established upon the successful sale of the bonds. Thereafter, principal and interest payments will be made from tax increment revenues received from the District, which are currently being used to pay debt service on the 1985 Bonds. Allowance For Discount Included in the principal amount of each issue is a provision for discount bidding. The discount, representing $10 per $1,000, or $7,900, provides the underwriters with all or part of their compensation and/or working capital for purchasing the respective issues and permits them to reoffer the issues at or close to the reoffering scale. Prepayment Option We recommend that bonds maturing in 2003 and 2004 be callable at the option of the City on October 1,2002 at a price of par. _Principal Amount Variabilit~ The refunding issue, as now structured, includes all costs of issuance including bond discount and rating fees. All savings estimates are net of these costs. To account for the actual underwriter's discount on the 1993A Refunding Bonds and actual costs of issuance, which may differ from the assumptions made, a provision has been included in the offering to permit the City to increase or decrease the principal in any of the maturities in a total amount not to exceed $25,000 to offset any fluctuation. As interest rates fluctuate, the amounts of money needed in the escrow account also fluctuates. In order to maintain the City's current "A" rating from both Moody's Investors Service and Standard & Poor's Corporation (S & P) it is necessary that an application be made to both Moody's and S & P for a rating on this issue. We will make the application on your behalf and provide the rating agencies with the necessary data upon which they will make their rating analysis. .Federal Arbitra.qe - Rebat~ These refunding bonds are subject to the Tax Reform Act of 1986 and the 1989 amendments. The 1986 Act and 1989 amendments modified rebating arbitrage requirements to the Treasury. Page 2 City of Mound, Minnesota January 18, 1993 .Generally speaking, all arbitrage profits (the yield difference between the earnings on the ~nvestment and the yield on the bonds) must be rebated to the Treasury. With regard to this advance refunding issue, an advance refunding issue qualifies for exemption from arbitrage reporting and rebate requirements if: (i) the advance refunding issue does not exceed $5,000,000, (ii) the refunded issue was itself exempted from rebate when issued, or if issued prior to 1986 it was issued in a year when the issuer did not issue more than $5,000,000 of governmental obligations, (iii) the average maturity date of the refunding issue is not later than the average maturity date of the bonds to be refunded, and (iv) no refunding bond has a maturity date later than 30 years after the date the original bond was issued. This issue remains under the $5 million exemption (i), above, in addition to already meeting the other three requirements. Therefore, the City should be exempt from any arbitrage reporting and rebate requirements on this issue. Reimbursement Re.qulatior~_~ The Treasury has approved regulations which will significantly alter the ability of issuers to utilize tax-exempt obligations to reimburse themselves for expenditures made prior to receipt of the proceeds. All tax-exempt issues settled after March 2, 1992 are subject to the new reimbursement regulations. Although this issue is not affected, we have included a discussion of the regulations for your future reference. There are three major areas of the regulations which set forth the following restrictive provisions. They prohibit obligations issued after March 2, 1992 from being used to reimburse expenditures made before March 2, 1989 or to reimburse expenditures paid on projects which have been in service for more than one year prior to the date of issuance. They restrict the conditions under which obligations issued after March 2, 1992 may be used to reimburse expenditures made after September 8, 1989 and before March 2, 1992. There must be "objective evidence" that at the time the expenditures were made the issuer intended to reimburse itself from the proceeds of a borrowing and that the expectation was reasonable based on historical finance practices. The reimbursement must occur within one year of the expenditure or within one year from the time a property or project was placed in service, if later. They prohibit reimbursement from proceeds of expenditures made after March 2, 1992 unless: a) the issuer declares in the public record official intent to reimburse expenditures with proceeds and describes the nature of tl~e borrowing, the project or fund from which the expenditures would be made, and states the maximum principal amount of debt expected to be issued; b) a reimbursement is made before the later of one year after the date the expenditure was made or one year after the date on which the project was placed in service; c) the expenditure was a capital expenditure under general federal income tax principals, generally including costs incUrred to acquire, construct, or improve land, buildings, or equipment. Preliminary expenditures for professional fees and studies are exempt from the official intent requirement if the amount of preliminary expenses does not exceed 20% of the issue price of the reimbursement borrowing for the project. Preliminary expenditures are not exempt from the one-year reimbursement period requirement. Page 3 City of Mound, Minnesota January 18, 1993 Bank Qualification Prior to the adoption of the Tax Reform Act, financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax-exempt obligations. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax-exempt obligations purchased after August 7, 1986. There is an exemption to this for issuers of less than $10,000,000 of tax-exempt bonds or notes during the calendar year. These bonds meet that test. Therefore, the City does qualify for the $10,000,000 exemption. The effect of this is that the bonds are more attractive to financial institutions which creates greater competition and may lower the interest rates. Typically, these "bank-qualified" bonds receive rates lower than bonds which are not bank-qualified. We have taken this into consideration in the interest rate estimates. Terms of Proposal The 1991 Legislature amended bond sale procedures to permit the non-public issuance of obligations if the issuer retains an independent financial advisor. Springsted Incorporated remains a proponent of competitive bidding but sees some advantages to the new legislation. We recommend a competitive negotiated sale where all bidders reasonably expected to compete for an issue are notified of the pending sale, and competitive bids are received but no legal advertiser~ent is published. The issuer benefits from eliminating the publication costs and any risk of having an issue delayed due to the time required for publication or the inadvertent failure of a legal notice to be published. In our ever changing industry published notices are no longer a critical source of information for bidders. Other than for publication, you should see no change in your issuing procedures or in the bidding results. Sale Process Springsted Incorporated has joined with Capital Guaranty Insurance Company, a municipal bond insurer, to offer a surety bond service to underwriters in lieu of putting up a good faith check in order to bid on the bonds. The program is called "Sure-Bid" and we have allowed for its use in the Terms of Proposal, attached to these recommendations. We believe that the use of this bidding option will help garner more bids for the bond sale, since it has the potential to make it easier for an underwriter to bid. There is no cost to the City for this service, and Springsted Incorporated does not have a financial interest in the use of Sure-Bid. For underwriting firms which have been approved and have entered into a reimbursement agreement with Capital Guaranty and have elected to use Sure-Bid instead of physically delivering a good faith check with their bid, Capital Guaranty will put up a surety bond, guaranteeing the amount of the good faith check to the City if the purchaser does not deliver such check to Springsted by 3:30 P.M. the day after the sale. We believe that we will not have to invoke the surety bond on your behalf and will forward the good faith check from the purchaser as soon as we receive it. For your bond sale, you will most likely receive some bids which are accompanied by a good faith check and some which are covered under Sure-Bid. Springsted will be in constant touch with Capital Guaranty to monitor the underwriters which have been admitted to this program and, if Sure-Bid is used, Springsted will follow through after the sale, to make sure you receive your good faith amount from the purchaser. We recommend these obligations be offered for sale on Tuesday, February 23, 1993, with proposals received at the offices of Springsted Incorporated at 12:00 Noon. During the remainder of the day, proposals will be verified, checked for accuracy, and the necessary computer calculations will be made in order to determine the benefits of the refundings. We Page 4 City of Mound, Minnesota January 18, 1993 will then present the bids and our recommendations to the Council at 7:30 P.M. later that evening. Respectfully submitted, SPI~NGST~D Incorporated mmr Page 5 APPENDIX I Mound, Minnesota G.O. Refunding Bonds, Series 1993A Full Crossover Advance Refunding of G.O. Tax Increment Bonds of 1985 Even Annual Savings Structure Issuer Funds Required: $0.00 iDate of Bonds: Delivery Date: Refunded Call Date: 1st Callable Date: 03/01/93 03/24/93 10/01/99 10/01/2O0O Comparison: Refunded Refunding Principal: 750,000 790,000 Bond Years: 7,187.50 7,535.83 Avg. Maturity: 9.583 9.539 NIC: 8.821% 5.330% Prepared: 12/28/92 By SPRINGSTED Incorporated Page 6 Mound, Minnesota ~ Tax Increment Bonds E~lsting Debt Service Date Principal 04/01/93 10/01/93 04/01/94 10/01/94 04/01/95 lO/Ol/95 04/01/96 10/01/96 04/01/97 lO/Ol/97 o4/ol/95 lO/Ol/95 04/01/99 10/01/99 04/01/2000 lO/Ol/2OOO o4.Zo1/2oo1 1~1/2001 0~, 01/2002 10/01/2002 04/01/2003 10/01/2003 04/01/2004 10/01/2004 75 000.00 100 000.00 100 000 00 100 000 00 125 000 00 125,000 00 150,000 00 150,000 00 150,000 00 150,000.00 150,000.00 150,000.00 of 1985 Rate 7 6OO% 7 800% 8 000% 8 150% 8 300% 8 500% 8 600% 8 700% 8 750% 8 800% 8 900% 8 900% Schedule A Interest 64,812 50 64,812 50 61,962 50 61,962 50 58,062 50 58,062 50 54,062 50 54,062 50 49,987 50 49,987 50 44,800 00 44,800 00 39,487 50 39,487 50 33,037 50 33,037 50 26,512 50 26,512 50 19,950 00 19,950 00 13,350 00 13,350 00 6,675 00 6,675 00 Prepared: By SPRINGSTED Semi-Annual 64,812.50 139,812 50 61,962 50 161,962 50 58,062 50 158,062 50 54,062 50 154,062 50 49,987 50 174,989 50 44,800 00 169,800 00 39,487 50 189,487 50 33,037 50 183,037 50 26,512 50 176,512 50 19,950 00 169,950 00 13,350 00 163,350 00 6,675 00 156,675 00 12/28/92 Incorporated Annual 204,625.00 223,925 00 216,125 00 208,125 00 224,975 00 214,600 00 228,975 00 216,075 00 203,025 00 189,900.00 176,700.00 163,350.00 ?otals Bond Years: ~vg. Mat..: ~IC ....... : 1,525,000.00 10,264.58 6.731 8.684% 945,400.00 All lower calculations are made from the date of the refunding bonds 2,470,4'00.00 2,470,400.00 Refunded Bonds Only Avg. Mat..: 9.583 NIC ....... : 8.821 Page 7 ~und, Minnesota Tax Increment Bonds of 1985 Refunded Principal and any Call Premium Schedule B Date Principal Premium Prepared: 12/28/92 By SPRINGSTED Incorporated Semi-Annual Annual 10/01/99 750,000.00 750,000.00 750,000.00 Totals 750,000.00 Call Date ............. : First Date Called ..... : Call Premium .......... : 10/01/99 10/01/2000 750,000.00 750,000.00 This portion will be paid by the escrow. The escrow will also pay the interest on the refunding bonds'thru the call date. ~nd, Minnesota ¢ Tax Increment Bonds of 1985 Non-Refunded PrinciPal and Non-Refunded Interest Date Principal Schedule C Interest 04/01/93 10/01/93 04/01/94 10/0 /94 04/01/95 10/01/95 04/01/96 10/01/96 04/01/97 10/01/97 o4/0 /98 lO/Ol/98 04/01/99 10/01/99 75,000.00 100,000.00 100,000.00 100,000.00 125,000.00 125,000.00 150,000.00 64,812.50 64,812 50 61,962 50 61,962 50 58,062 50 58,062 50 54,062 50 54,062 50 49,987 50 49,987 50 44,800 00 44,800 00 39,487 50 39,487 50 Prepared: 12/28/92 By SPRINGSTED Incorporated Semi-Annual Annual 64,812.50 139,812.50 61,962 50 161,962 50 58,062 50 158,062 50 54,062 50 154,062 50 49,987 50 174,987 50 44,800 00 169,800 00 39,487 50 189,487 50 204,625.00 223,925 00 216,125 00 208,125 00 224,975 00 214,600 00 228,975 00 ?orals 775,000.00 Tall Date ............. : First Date Called ..... : Tall Premium .......... 10/01/99 10/01/2000 746,350.00 1,521,350.00 1,521,350.00 This portion will be paid by the issuer. The issuer will als0 pay debt service on · the refunding bonds after the call date. Page 9 Mound, Minnesota ~' 7. Refunding Bonds, Series k~funding Debt Service Date Principal 1993A Schedule D Rate Interest Prepared: By SPRINGSTED Semi-Annual 12/28/92 Incorporated Annual 10/01/93 o4/ol/94 lO/Ol/94 o4/ol/95 lO/Ol/95 04/01/96 10/01/96 04/01/97 10/01/97 o4/ol/98 lO/Ol/98 04/01/99 10/01/99 04/01/2000 10/01/2000 04/01/2001 '~'01/2001 ~/01/2002 10/01/2002 04/01/2003 10/01/2003 04/01/2004 10/01/2004 165,000.00 160,000.00 160,000.00 155,000.00 150,000.00 4.900% 5.050% 5.200% 5.350% 5.500% 23,932 71 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 20 513 75 20 513 75 20 513 75 20 513 75 20 513 75 20 513 75 16 471 25 16 471 25 12,431.25 12,431.25 8,271.25 8,271.25 4,125.00 4,125.00 23,932.71 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 20,513..75 20,513 75 20,513 75 20,513 75 20,513 75 20,513 75 185,513 75 16,471 25 176,471 25 12,431.25 172,431.25 8,271.25 163,271.25 4,125.00 154,125.00 23, 932 41, 027 41,027 41,027 41,027 41, 027 50 41,027.50 206,027.50 192, 942.50 184, 862.50 171,542.50 158,250.00 71 5O 5O 5O 50 Totals Bond Years: Avg. Mat..: NIC ....... : 790,000.00 7,535.83 9.539 5.330% 393,722.71 * Paid by escrow. All other payments made by the issuer. 1,183,722.71 Bond Date.: Delivery..: Bond Yield: 1,183,722.71 03/01/93 03/24/93 5.21655% Page l0 ~aund, Minnesota ~. Refunding Bonds, Series 1993A Annual Savings AnalYsis Non- Re funded Date Debt Service (1) (2) 04/01/93 10/01/93 o4/ol/94 lO/Ol/94 o4/ol/95 lO/Ol/95 04/01/96 10/01/96 04/01/97 lO/Ol/97 04/01/98 lO/Ol/98 04/01/99 10/01/99 04/01/2000 lO/Ol/2OOO 01/2001 D1/2001 0~/01/2002 10/01/2002 04/01/2003 10/01/2003 04/01/2004 10/01/2004 204,625.00 223,925 00 216,125 00 208,125 00 224,975 00 214,600 00 228,975 00 Schedule E Prepared: 12/28/92 By SPRINGSTED Incorporated Refunding Total New Existing Debt Service Debt Service Debt Service (3) (4) (5) 204,625 00 223,925 00 216,125 00 208,125 00 224,975 00 214,600 00 228,975 00 206,027 50 192,942.50 184,862.50 171,542.50 158,250.00 204,625.00 223,925 00 216,125 00 208,125 00 224,975 00 214,600 00 228,975 00 216,075 00 203,025 00 189,900 00 176,700.00 163,350.00 206,027.50 192,942.50 184,862.50 171,542.50 158,250.00 Savings or (Loss) (6) 10,047.50 10,082.50 5,037.50 5,157.50 5,100.00 Totals 1,521,350.00 Present Value Rate...: Present Value Savings: As % of P.V. Ref. Int: 913,625.00 5.21655% 22,874.87 17.86% 2,434,975.00 2,470,400.00 Excess Proceeds ...... : Funds to Sinking Fund: Total Net Savings .... : 35,425.00 23.09 35,448.09 Page 11 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $790,000* CITY OF MOUND, MINNESOTA GENERAL OBUGATION TAX INCREMENT REFUNDING BONDS, SERIES 1993A Proposals for the Bonds will be received on Tuesday, February 23, 1993, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. DETAILS OF THE BONDS The Bonds will be dated March 1, 1993, as the date of original issue, and will bear interest payable on April I and October 1 of each year, commencing October 1, 1993. Interest will be computed on the basis of a 360-day year of twelve 30~day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature October I in the years and amounts as follows: 2000 $165,000 2002 $160,000 2004 $150,000 2001 $160,000 2003 $155,000 * The City reserves the right, after proposals are opened and prior to award, to increase or reduce the principal amount of the Bonds offered for sale. Any such increase or reduction will be in a total amount not to exceed $25,000 and will be made in multiples of $5,000 in any of the maturities. In the event the principal amount of the Bonds is increased or reduced, any premium offered or any discount taken will be increased or reduced by a percentage equal to the percentage by which the principal amount of the Bonds is increased or reduced. OPTIONAL REDEMPTION The City may elect on October 1, 2002, and on any day thereafter, to prepay Bonds due on or after October 1, 2(X)3. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income from the City's Town Square Redevelopment and Tax Increment Financing District. The proceeds will be used to refund the 2000-2004 maturities' of the City's $1,800,000 General Obligation Tax Increment Redevelopment Bonds of 1985, dated October 1, 1985. Page 12 TYPE OF PROPOSALS Proposals shall be for not less than $782,100 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $7,900, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identity each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, If the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Page13 Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Wurst, Pearson, Larson, Underwood and Mertz of Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement.or for any additional information prior to sale, any prospective purchas,~r is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Pla~ :e, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Stateme~ t, when further supplemented by an addendum or addenda specifying the maturity dates, prin~ ipal amounts and interest rates of the Bonds, together with any other information required ~3y law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as treat term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or under~vriting syndicate submitting a proposal therefor, the City agrees that, no more than seven bus ness days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated January 26, 1993 BY ORDER OF THE CITY COUNCIL /s/Francene Clark-Leisinger Clerk Page14 RESOLUTION 93- RESOLUTION PROVIDING COMMENTS REGARDING THE DRAFT HENNEPIN COUNTY GROUNDWATER PLAN BE IT RESOLVED by the City Council of the City of Mound, Minnesota as follows: WHEREAS, Minnesota statute provides permissive authority to counties to develop and adopt ground water protection plans; and WHEREAS, Hennepin County has determined it to be appropriate to prepare and adopt a ground water protection plan in accordance with this authority; and WHEREAS, adoption of the proposed Ground Water Plan by the Hennepin County Board requires watershed management organizations to prepare and adopt a ground water protection component to their plans; and WHEREAS, adoption by water management organizations of ground water protection components to their plans requires municipalities to prepare and adopt ordinances and regulations implementing and enforcing the requirements of the Hennepin County Ground Water Plan; WHEREAS, the cost of implementing and enforcing the requirements of the Hennepin County Ground Water Plan are to be borne by the municipalities; the costs associated with protecting a state-wide resource should not be the responsibility of individual municipalities; and WHEREAS, the proposed plan is redundant with respect to ground water protection activities being undertaken by the Minnesota Department of Health; and WHEREAS, the requirements proposed by the Hennepin County Ground Water Plan are excessive with respect to the Ground Water Protection Regulations now being developed by the Minnesota Department of Health; and WHEREAS, it does not appear practical that ground water resources in Hennepin County can be protected by a joint powers organization of municipalities and watershed management organizations whose levels of implementation and enforcement will be extremely variable; and WHEREAS, specific elements of the Plan which the City has concerns with are as follows: a. The times-of-travel requirements for determination of zones of protection are excessive and would result in over-regulation of areas within Hennepin County. b. The assumption of an absence of hydrogeologic information is not well founded, and reliance on that assumption would result in determinations of zones of protection that are unrealistic and excessive. c. The methods of determination proposed for delineating Wellhead Protection areas are not effective in simulating the complex hydrogeologic conditions that exist in Hennepin County. d. Hennepin Conservation District review of delineation and implementation is not well defined in terms of its extent, and if not based on well founded elements of the proposed Plan, would be ineffective. e. No revenue source is defined to cover the costs of the required Phase I investigations and updates. NOW, THEREFORE BE IT RESOLVED, it is recommended that Hennepin County recognize that the fragmented approach proposed by the Ground Water Plan of having municipalities develop and enforce regulations will be inefficient and ineffective in protecting ground water resources in Hennepin County, creates an additional layer of government, will increase costs to property tax-based municipalities and the private sector, and is redundant with respect to the work being done by the Minnesota Department of Health in preparing rules for wellhead protection, and that Hennepin County abandon its activities with respect to ground water planning; and BE IT ALSO RESOLVED, should Hennepin County choose to proceed with ground water planning, it is recommended that the Plan be adopted as a guide only, to which municipalities may voluntarily subscribe, and that it be consistent with the findings and proposed requirements of the Minnesota Department of Health; and BE IT ALSO RESOLVED, should Hennepin County choose to proceed, it is recommended that the schedule be delayed until such time as the Minnesota Department of Health has completed the promulgation of its rules in this regard to that the provisions of the Plan can be made consistent therewith. Adopted by the City Council of the City of Mound, Minnesota on this 24th day of January, 1993. The foregoing resolution was moved by and seconded by The following councilmembers voted in the affirmative: The following councilmembers voted in the negative: Attest: City Clerk Mayor BILLS, ,January 26, 1993 BATCH 2123 BATCH 3012 TOTAL BILLS $262,436.87 141,913.28 $404,350.15 I r~ I CZ. Z 0 I 0 z (1. ~-~ i ~ Z /311- >- x~ X ,-4 ~ 0 ~4 Z · (1. ,H ~1, ,.4 <0,. -r I,,U J 0 Z Z 'i CD, ! 0 c ! ,.'-I,0,-t 0,-I I o 0 .,4' ? l? ,-¢ ~ ,,4 o I-.. UJ ...I h,._j 14J.~ bJ-.I ~ I TI ~'"~ --~ Z--~ 0 ~'~ I C3_J L~,,J Z I ! I I ! ,,4' ,4' .,,.t ,,~ I~, ',4' ~ 0 r~ 0 ,-4 Z O~ 0 O0 ~ZZZZZZ zzzzZzzZz ZZZZ~ZZZZZ i ~Z ~Z ~Z ~ · ~ ~ g ........... ) ,...., ..i j )"-Z 0-3 Z o U.J .-J UJ..J ZZ ZZ Z ._j '-~ -J ~ -J Z )- ~ 0 r (3, Z n~ o ~ ~L 0 I.- Z 0 o Oo 0 oO 0 o Oo ~ ~ ~ oo I:1. ! ? 0 0 ~ h- J I · 'f, z Ill CITY of M()UNI) FAX ,}'2 ,1'7'2 $<27 DATE: TO: FROM: SUBJECT: January 25, 1993 Mayor and City Council Jim Fackler, Parks Director Bid Acceptance for 1 Ton Truck Today bids were received as follows: Star West = $23,757.74 Monticello Ford Mercury = $23,440.00 Monticello Ford Mercury's bid of $23,440 (without tax) comes within the proposed budget of $25,760, and their specifications meet or exceed the requirements set forth by the City in all areas except for the 4.56 locking differential and their oversight in the inclusion of the hour meter. The 5.13 rear end proposed by Monticello will meet the needs of the Parks Department and is a minor deviance from the minimum bid specifications. The oversight on their part of a $100 hour meter is reconcilable at a 50/50 cost split between the parties. ~ost Breakdown Original Bid ......... $23,440.00 Adjustment for hour meter. . · $23,490.00 Tax .............. $ 1,526.85 TOTAL ............. $25,016.85 Staff recommendation is to accept the Monticello Ford Mercury bid with the two changes noted. JF:pj 12 January 14, 1992 January 26, 1992 RESOLUTION NO. 93- RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR NORTHWEST TONKA LIONS FOR HEADLINERS BAR & GRILL, 524~ SHORELINE BLVD. BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, approves a Premises Permit Application for the Northwest Tonka Lions for lawful gambling at Headliners Bar & Grill, 5241 Shoreline Drive, Mound, MN. 55364. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk J LG214 (Trz~ ~) Minnesota Lawful Gambling Premises Permit Application - Part I of 2 F___OR BOARD USE ONLY BASE # PP # FEE INITIALS DATE ~~~ ???i::;::','.'.;:'.,:~::~::::¥:.t;::-:.:::¢.'::;~;:: :.::;:::.:::;-:.:.: :::::::::::::::::::::::::::::::::: ~::~:::.:;:::: .y,.~: :~:;:::::~;?:::;:..~1~.::eF.;~:::z?~e::~:~:~;:i~-::~::`:~:~;:;`:~::~:~:~;:~;:¢~?:~::~;~::::: :..:<:,:~ '..:.':'~. ......................... · '-'.--': -':'. :-: :':':.: ?:; ':::. ? ~::~,~:;::;.::::::? :;':: r'--] Renewd C~a$$ of promises permit ............... (check one) Ckganizatkm base r~e~s8 number ~- 1~5© [] A ¢,,400) Pun-Labs, Up~a~s, pod,:flewheeU, mines, Premises pe~'mit ~mber [~B (I;250) Pul-tab~, liphc~rds, paddewheels, milles ?' ""::.'-::.'.':-:":.~.".,x.: ..... :x.:::w.¥::." -.:;-- -':.'~.'::~-?~3::'.'?~-.:~?:~:%<?~:¥;'e$?:~¥:~::¢~; .... , :~ ^ ..... Business Address of Organizalion -~t or P. ~ use the ~ your gambling manage) city sta. Z~p ~ Coun~ ~ phone numb~ Name of c~ief executive olf~c, er (canr~ be your gambling manager) Bingo Occaslon~ (/., 2 ) q~ ,3- ;~>L...~b"" If applying for a class A or C permit, fill in days and beginning & ending hours of bingo occasions: No more than seven bingo occasions may be conducted by yourj~ABlil~Jgjl per week. Day Beginning/Ending Hours Day ~Ending Hour~ Day Beginning/Ending Houm .,, ~~_ to _to If bingo will not be comtucted, check her~ ' L.J ~u '~"'" EE:3 uncxganizecl tm-'! unincorporated City and Oounty where gambling promises is located OR Township and Oounty where gambling premises is located if outside o~ city limits Name and address of legal own~ d p~ises -- City State Z~p Code Does your organization own Ihe bullring where lhe gammlng w~ll be cot~ducted? l-'-1 YES [X~ NO If no, attach ~ following: * a copy of I~ lease (fo~m LG202) wilh terms for at least one year. ° a copy of a sketch o~ I~e floor plan wil~ dimensions, showing what portion is being leased. A lease and sketch are not required ~ Class D applicalion$. ?" :" ': :: ::'?:": ::::?i$:' i~i~?:?~:!::~:~;~!~!~:~!:!:::;:::!:!:~:::::::::~::~::::::::::::::::::::::::::::::::::::::::::::~:*~::::~:~:~: :.:,'.:.:-:-x :-?.:.:-:,'-' :.- ..*--...-.*.*...* ·. *.*.....-.,....... ................... City State Zip code ': ::::::::::::?::<::::::::::::::::: Address M~nnesota Lawful C, ambllng Premise Permit Application - Part 2 of 2 Name ~ ~s Tee ~mb~g Site'~o~flon ,I am the chief ex~e offi~r of the organEatbn; I hereby consent that local law enforcement ofF.ers, the board or agents of the board, or the commissioner of revenue or public safety, or agents of the commissioners, may enter the premises to enforce the law, Bank Records Ini'ormatlon The board is authorized to inspect the bank records of the gambling account whenever neces.san/to fulfill requirements of current gambling rules and law, Oath I declare that: · I have read this apl:gication and all information submitted to the board is true, accurate and compete; · all other required info'marion has been fully disclosed; · I assume full respons~ility for the fair and lawful opera- tion of all activities to be conducted; · I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, Including amendments to them; · any changes in application information will be submitted to the board and local unit of government within 10 days of the change; and · I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Signature of chief executive officer Date ;::: -,.. :'...'- .". :.'."-'-, ';-?:" -"~-':'-".'- '--"".'."::~' :i::.;}i:~'"'""' ,--:-?:-:-?. :" :':':':':' ..:.~.:.:.:.:.:.:..`z<.:.:.~.:.:.:.~...`:~::~:`~!~::~!:~i~:~i`x.~.>.~..i~:.:~.:~ : :i:::.:}:~:~:!:!:i:i:!~i:!..`.i!::i~i::~:~}~:ii~i:!!i~i:i~ii:~!!i!:~:~i~ii:~!:~:~.:~:i:~:~..*:::~}:::::;i:::!:::~:!i:~!¥i~:i~;i:i~:ii~:~:~;..~.~.~:i:;:~:~:i:~i!i~i;;:!!:~ 1. The city 'must sign this application if the gambling Ixem- ises is located within city limits. 2. The county **AND township** must sign this application the gambling premises is located within a township. 3. The local unit government (city or county) must pass a resolution specifically approving or denying this application. 4. A co0y of the local unit of government's resoMion a~ provinq this aoor,:ation must be attached to this aoorK:ation 5. If this application is denied by the local unit of government. it should not be subm~ed to the Gambling Control Board. Township: By signature below, the township acknowledges that the organization is applying for a premises permit within township limits. City' or County** Signature of person receiving application ~ Refer ~ the instructions f~ required aEac~nents. Township** Township Name Signature of person receiving applicat;,on Date Received Ma~l to: Gambling Control Board Rosewood Plaza South, 1711 W. Counly Road B Rosevllle, MN 55113 LG214(Parl 2) Post-ItTM brand fax transmittal memo 7671 I#ofpages ~. ~ To From Co. ~ - Co. Dept. Phone ~ Fax~ ~ ~.~_ ~ ~ ~ Fax~ TO WiIOM IT MAY CONCERN: i. {WE). WISH TO MAKE iT BE KNOWN. THAT AS A CONCEP, NED CiTi'2{EN OE' MOUND. i AM NOT IN FAVOR OF WHAT HAS BECOM~ TO }3E KNOWN AS "TEAL PO~NTE DEVELOPMEN"i"" ! FEEL THAT THE S'f'REEI'S (>P' PHELPS ISLAND ARE BECOMING INCREASINGLY UNSAFE, AND THAT THE ADDITION 0t" MORE TRAFFIC WOULD FURTHER COHPLtCA'FE THiS ALL READY PRO~LEM. I AH ALSO AGAINST THE VACATION OF COBDEN LANE AND ANY OTHER PUBLIC PROPERTY FOR THIS PROSECT. AND BELIEVE THE CiTY SiiOULD RETAIN THIS LAND AS MUCH NEEDED GREEN SPACE FOf~ 'I'ttE BENEFIT OF' Frs CITIZENS. 'to WHOM IT MAY CONCERN: I. (WE). WISH TO MAKE IT BE KNOWN. THAT AS A CONCERNED CITIZEN OF MOUND. I AM NOT IN FAVOR OF WHAT HAS BECOME TO BE KNOWN AS THE .... IlEAl, PO INTE DEVELOPMENT". I FEEL THAT THE STREETS OP' PHELPS ISLAND ARE BECOMING INCREASINGLY UNSAFE, AND THAT THE ADDITION O!~' MORE 'rRAI;'FIC WOULD FURTHER COMPLICATE THiS ALL READY PROBLEM. I AM ALSO AGAINST THE VACATION OF COBDEN LANE AND ANY OTt-IER PUBLIC PROPERTY FOR THiS PR~),]ZC'i', AND BELIEVE THE C.['FY SiiOULD RETAIN THIS LAND AS MUCH NEEDED GREEN SPACE FOr{ BENEFIT OP' I'rS CI'i'iZENS. ADDRESS PHONE ,I TO WttOM IT HAY CONCERN: I, (WE). WISH TO MAKE IT BE KNOWN. THAT AS A CONCERNED CITIZEN OF MOUND I AM NOT IN FAVOR OF WtlAT HAS BF, C~ME TO BE KNOWN AS THE "TEAL POINTE DEVELOPMENT" I . EEL THAT THE "~ .... - ~iF{EEI~ OF PHELPS ISLAND ARE BECOMING INCREASINGLY UNSAFE, AND THAT THE ADDI'F1ON OF MORE T]WAFFIC WOULD FURTHER COMPL'{ .... 1..AFE THiS ALL READY 'z. .. LEM. I AM ALSO AoAINSF THE VACA'I'ION OP COBDEN LANE AND ANY O'i'HER PUBLIC PROPERTY FOR THIS PNO,.E'2'f. AND BELIEVE THE CiTY SHOULD RETAIN THIS LAND AS MUCH ,-.,-~ .,. ~ , · ,,,, NEE!)ED G~, -'TM ,~.LEN a~ ALE FOR TttE ~.ENLr:T OF ITS CITIZENS. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JANUARY 11, 1992 Those present were: Chair Bill Meyer, Geoff Michael, Frank Weiland, Michael Mueller, Bill Voss, Jerry Clapsaddle, Mark Hanus, and Brian Johnson, City Council Representative Liz Jensen, Building Official Jon Sutherland, and Secretary Peggy James. The following people were also in attendance: Beimert. Mr. & Mrs. Duane MINUTES The Planning Commission Minutes of December 14, 1992 were presented for approval. MOTION made by Weiland, seconded by Mueller to approve the Planning Commission Minutes as written. Motion carried unanimously. 1 2 OF 18 BLOC~~3,_..~ ........ OT 19 & NWLY v .~.-~ z:,' 0009. VARIANCE. Per the applicant,s request, this case is delayed until the February 8th Planning Commission Meeting. .CASE ~93-002'.~ ~I..ME_R.T_ _5125 DRUI~fO~ ROAD LOTB 7 , 14 WHIPPLE PID 25-117-24 12 0113. VARIANCE. & 8 BLOCK Building Official, Jon Sutherland, reviewed the applicant's request for a front yard setback variance of 12 feet to the required 20 feet to construct an addition onto the existing nonconforming dwelling. The existing home is substandard in area and is in need of additional living space. Practical difficulty may be found in that it is reasonable to allow an addition onto this undersized dwelling and the only practical extension is to the west. The addition would also solve several other building code issues with this property, such as a hazardous fireplace, a more functlo plan, and possible problems wi~ ....... 'nal floor house, un une Iounaatlon at the rear of the Staff recommended that if the Planning Commission finds that a practical difficulty exists in this case, staff would recommend approval of the request and further that the recommendation for approval contain language to allow future construction of a 24' x 24' conforming detached garage without another variance request. Planning Commission Minutes January 11, 1993 The applicant addressed the Commission and stated that he would prefer not to extend the addition towards the rear because he wants to save yard space for their kids and for the future garage. He explained that the foundation wall at the rear of the house and part of the southeast side is planned to be replaced as it is decaying. He stated that to move the house back and redo the foundation would cost almost double. The estimated cost of the project as stated on the variance application form is $23,000 which is a bid price he received from a contractor, however, it does not include sheetrocking or other finishing as he will do this himself. The Planning Commissioners discussed the staff recommendation regarding variance approval for future construction of a conforming detached garage and did not agree with this because a 24' x 24' garage may exceed hardcover requirements for the property, and it was also discussed that a tuckunder garage may be a better plan for the property. It was agreed that the existing house is in tough shape and the Planning Commission is in favor of seeing the house improved, however, they think there may be a better plan. Mueller commented that he does not believe the proposed addition will negatively impact the neighborhood. It was noted that this house is one of only a few on a dead end street. Clapsaddle suggested that the proposed addition be setback 14 more feet and that it include a tuckunder garage as this would eliminate any concern relating to hardcover and would still leave back yard space. The applicants agreed that they will consider the suggestion. The Planning Commission suggested that the applicant work with the Building official on a revised plan. MOTION made by Weiland, seconded by Michael to table the request until tho applicant returns with a revised plan. Motion carried unanimously. APPROVAL OF T~ PL]~NNING COMMISSION WORK RULES FOR 1993,. It was noted that "C. Guidelines for the Interviewing and Selection of Candidates for Planning Commission" needs revising as a result of Resolution #92-136 ,,Establishing the Process of Interviewing Candidates for Advisory Commission Appointments" approved by the City Council on October 13, 1992. The following changes were made: paqe 5: C.1. It is the intent of the Commission to interview all applicants and vote at the same meeting. The Mayor and city Council are to be included in the interviewing ~ process. 2 a ~ Planning Commission Minutes January 11, 1993 C.3. If the applicant is unable to attend the scheduled interview, the Planning Commission may make the recommendation based o~% information provided. -~-thc ' -- ~ ..... ~, ..~ ~ C.5. A typo was noted in "candidates.,, page 4: 24. "Any member having a direct financ~ial and/or . . .,, MOTION made by Weiland, seconded by Hanus to approve the Work Rules for 1993 as amended. Motion carried unanimously. PLANNING COMMISSION MEETING DATES FOR 1993. The 1993 calendar was reviewed and it was noted that there are no conflicts with holidays. The Commission unanimously agreed to waive the meeting scheduled for December 27, and if at that time a meeting is required, the Chair has the option to call a meeting. ELECTION OF OFFICERS FOR 1993: CHAIR AND VICE-CHAIR. Chair Meyer opened the floor for nominations. Clapsaddle nominated Bill Meyer for Chair and Geoff Michael for Vice-Chair. There being no further nominations, Chair Meyer closed the nominations. Motion made by Weiland and seconded by Mueller to cast a white ballot acclamating Bill Meyer for Chair and Geoff Michael for Vice-Chair for 1993. Motion carried unanimously. CITY COUNCIL REPRESENTATIVE'S REPORT. Liz Jensen reviewed the City Council meetings of December 8, 1992 and December 17, 1992, and the agenda for the January 12, 1993 meeting. TRUTH IN HOUSING UPDATE. Michael Mueller, Chair of the Truth in Housing Subcommittee, informed the Commission that the Subcommittee has reviewed the proposed ordinance and the Secretary is in the process of updating the ordinance and creating forms. The Secretary commented that hopefully the proposed ordinance will be ready for review at the January 25, 1993 meeting. Planning Commission Minutes January 11, 1993 EXTERIOR NAINTENANCE ORDINANCE UPDATE. Johnson questioned where we are with this ordinance. Jensen commented that she believes it may still be in the hands of the City Attorney, he is reviewing the nuisance ordinance to determine if what we have will work or what could be done to make it effective. Jensen will check on the status of this issue. Adjournment. MOTION made by Hanus, seconded by Clapsaddle, to adjourn the Planning Commission Meeting of January 11, 1993 at 8:38 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: 4 Yes, confirm my reservation for the Twenty-Sixth Anniversary "$ A V E T H E L A K E" Recognition Banquet, Thursday, February 11, 1993. My check (payable to LMCD Save the Lake) is enclosed for persons at $22.50 each, total $ NAME ORGANIZATION Return to arrive by February 5 to: LAKE MINNETONKA CONSERVATION DISTRICT 900 East Wayzata Blvd., Suite 160, Wayzata, Minnesota 55391 (612) 473-7033 l~fifi"t~ JAN I ,3 1993 The City Council of the City of Minnetrista cordially invites you and your guest(s) to celebrate WALLY CLEVENGER DAY Sunday, January 24, 1993 at Minnetrista City Hall 7/O1 County Road 110 West 2:00 p.m. - 4:30 p.m. (Program at 2:30 p.m.) Wally has retired afl.er g~vin~ 25 years of service to the Community. OFFICIAL COMMUNICATION FROM THE OFFICE OF THE GOVERNOR OF THE STATE OF MINNESOTA tied JAN t 9 1993 ARNE H. CARLSON GOVERNOR EMBARGOED EMBARGO~ UNTIL, 7.'00 PM 2/Ev'UARY 14, JOANELL M. DYRSTAP F_,MBARGOF-,D LT. GOVERNOR CONTACT: Cyndy Brucato 29641017 (O) ~OT~S ~n pro~ a new, ~?ov~ h ~ 1993 S~ of ~e S~ ~e, ~emo~ ~d ~er w ~ ~en~ w~ch ~ou~ ~st ~n~ ...... ~ -~- ~--~em of ~en ~d ~u~fion ~~.. It ~ b~ng ~c new ~en~ ~ m ~ ,~**~ for ~e ~t time - a~rena~p ~ P ~ ..... ~ _ ~__ ~_~.~:.~.o ~d Under Oovemo ~p~ent of ~u~fion ~d ~ ~ e~t~ ~e pro~ ~ r~e le~Uve ~ro~ · . ' t we not only strew_reline a bulky government system, we offer a "The beauty of this proposal ~s tha . '. ,.- _ ---- · ....... ,. ~,~;ldren_" said Governor one sro sho ing department if you are snoppmg mr ~rwc=,~ t,u, ~,,,,, .,,-.-- -,. ' P ~PP . - ....... ~-:'-= --~" have a better cnance at success. Carlson. 'The eno result ~s mat evex~ The new Department of Children and Education Services will coordinate and link most state children's programs. Currently, Minnesota spends ~-~ billion on more than 250 children's programs each year, but these programs are administered through 33 different state departments. The Department of Children and Education Services will be the single agency respomu'ble for cutting through the bureaucratic web. In addition to this reorganization at the state level, the Governor will propose in his budget $10 million in new grants for communities which involve agencies, schools, parents and non-profits in a similar effort to develop a continuum approach to helping children succeed. The Governor said that educators play a key role in helping children win through this new department. He proposed that the Department of Education be incorporated into the new Department of Children and Education Services and that educators continue to push for a system that is driven by results. Cyndy Brucato Director el Communications Press Secretary - more - 130 State Capitol, St. Paul, Minnesota 55155 AN EQUAL 0i:R:=ORTUNITY EMPLOYER Tony Vignleri Deputy Presa Secretary (612) 296..7689 The Governor has proposed that the education division of the new department administer statewide benchmark testing. The testing will be administered at the tenth grade level and will require a student to master a rigorous set of academic slc[lls. "No child should slide through high school with a fourth grade reading ability,* the Governor said. *Students need to pass through a gateway of achievement before they proceed to the next leveL* The new Department of Children and Education Services will deal with that next level. The department will aggressively create and promote a Minnesota system of youth apprenticeships. The youth apprenticeship system will focus on students who moy choose not to go college. It will offer them hands-on job tralnlnl durln! the last two years of high school, combined with continued academic education. "We need a new focus on the young people in this state who decide to leave the education system and end up with low-sidll; low-wage jobs with no future," Governor Carlson said. He added that there will be a special emphasis on reac_hlnE out to children of color, children of poverty and children who learn best in a hands-on environment. A Division of Career Preparation will manage the youth apprenticeship program. The Governor will allocate $5 million for state and local efforts to plan and design thi.~ system. The new Department of Children and Education Services will have several functions: A Children's Services Division will bring together programs serving children from birth to kindergarten. A division will be respon.~'ble for ha'l/ties and finance, standards and assessment and research and other senrices relating to education and special education. A Career Preparation Division will focus on young people from approximately age 16 to 20, offering them a wide range of options ran~ng from college preparation to youth apprenticeship to technical training. A Higher Education Division will focus on student choosing to participate in higher education. The Governor called on young people across Minnesota to lake advantage of the new opportunities which will be created by the Department of Children and Education Services. said that learning and learnin~ to win requires their active participation He The state of Minnesota leads the nation in the number of young employed in the work force, with 70 percent of teenagers working an average of 24 hours a week. "Teachers tell me these working students come to school tired and unprepared,* the Governor said. "That is way too high a pr/ce to pay for cars, clothes and CDs." - more - In his State of the State address the' Governor proposed legisla~on to cap the n~_~mber of hours an individual who has not completed high school can work at 20 hours a week, with exceptions for hardship cases. The Governor said that his proposal to bring new, improved and easier to use services to children and families, a proposal for consistent s~_~ndards of academic achievement and a plan to give young people more career options through youth apprenticeship constitutes an ambitious agenda. 'An nmbitious agenda, yes, but there is a sense of urgency," Governor Carlson said. "The customer is demnndlng change. The parent with a toddler who needs pre-school learvlng help, or a child in elementary school, or a pre-teen with questions about drugs, or a teenager ttylng to decide between a job or college should have access to an easy-to-use system that can help," he said. "Our administration is committed to puU!ng our customers first and in Minnesota, children are our n~_lmber one 6~istomer.~ State of the State Address January 14, 1993 Governor Arne H. Carlson Lieutenant Governor Joanell M. Dyrstad ARNE H. CARLSON Governor STATE OF THE STATE ADDRESS EMBARGOED UNTIL 7:00 P.M. January 14, 1993 Madam Speaker, fellow constitutional officers, former governors, members of the Supreme Court, and its newest member, Alan Page; appellate court justices under the new leadership of Paul Anderson; members of the Minnesota Legislature and especially our 50 new legislators -- I want to say thank you for your commitment to serve. I believe 1993 will be a year when we will be proud to say that we are Minnesotans. My optimism is based on the record that we have built together over the past two years: Today we have a health care system in Minnesota that is accessible and affordable to all hard-working families. We value our beautiful Minnesota environment so much that we protect it through the most comprehensive wetlands laws in the nation. It was our record in the area of water quality that motivated the National Audubon Society to honor our administration with an award for excellence in the environment - the only American elected official to receive this award in the last five years. We learned, and some may say we learned the hard way, that it is too expensive for companies to exist, let alone expand in Minnesota... so we reduced rates for worker's compensation and reduced the rates for commercial industrial pr. operty taxes. We said we're fed up and we're not going to take it anymore when it comes to crime. We now have stiffer penalties for a variety of crimes, particularly rape. We have put more dollars into violence prevention. And now we are seeking new laws against stalkers. And when it comes down to making those tough choices during the tightest financial times I've seen as an elected official, we have protected the funding for our children's education. We know what matters. 4o7 And we will close the gap between anticipated revenues and expenditures without a tax increase. This is what happens when we choose to work together. This legislature has earned a reputation for being visionary. When I talk to other governors and hear their stories I am reminded of how fortunate I am to work with a body that time and again shows that it knows how to get things done for the people of Minnesota. We have proven that we can rise above the gridlock. And we will do it again. We must find the direct route to change and improvement in order to address the challenges that lie ahead. Since becoming governor in 1991, I have spent a great deal of time listening to Minnesotans describe their concerns, their challenges, and most importantly, what their dreams are for the future. I listened as they talked and I heard Minnesota. ns say they want three things: First, people are concerned about getting and keeping good jobs. Those who have lost their jobs are suffering. Those who have had to settle for low-paying jobs are hurting. And those who HAVE good jobs are worried about losing them. All of us can identify with what a job means to a family. That is why last month I proposed a plan that will help employers, especially small businesses, create more jobs for Minnesotans, the people who I believe are the most productive workers in America. Second, Minnesotans told me that they want to protect and enhance our very special quality of life - from our pristine natural resources to our exciting diversity of cultural attractions. And finally, a theme that resonated in every town from Rochester to Roseau as we traveled around the state for Minnesota Milestones: We want to say to every child, 'You can be anything you want to be.' We want to see every child come to school ready to learn, we want families to provide a stable environment for their children, we want all our children to be healthy and we want every young person to gain the skills needed to compete in a global economy. 2 Tonight I want to focus this State of the State speech on the subject I hold closest to my heart -- the needs of our children. Two years ago, I appointed a commission to take a hard look at how we serve our children and their families. Under the leadership of Ron James and my wife Susan, the Action for Children Commission has turned out to be an excellent example of the results that can be accomplished through a partnership among businesses, communities, advocates for children and government. In the course of its work, the commission tried to answer two simple questions: First, how much money are we, as a state, spending each year on children? Second, what kinds of results are we getting? The commission identified at least 250 children's programs, administered through 33 different state agencies, boards and commissions, costing Minnesota taxpayers $4.5 billion dollars a year. Over the years, with the very best of intentions, we have created a tangled, bureaucratic web of children's programs. I would guess that not one of us in this chamber can name all of them. We have created too many individual government slx~cia~ty shops. And we invite our customers to wait in line to see if they might be able to squeeze into the narrow product we are selling. If they cannot, they trudge on to the next shop. Families and children who need help are frustrated by the complexity of the system and often do not get the kind of help they need. They end up working with dozens of case workers, counselors and eligibility specialists who are connected back to a confusing maze of inflexible programs. Our children are being divided into pieces by a system that is largely government centered and difficult to use. And what are the results? Too many of our children are failing. Maybe they aren't your children or mine, but in every school there are children who are being left behind. And when these young people act out, they affect the way all our children learn. Eventually, we all pay for failed outcomes. 3 Every child deserves our very best. Nowhere is there more hope and potential than in the curious face of a two-year old, and nowhere is there more tragedy than in the angry face of a 13 year-old who cannot adequately read, nor more disappointment than in the face of a 17- year-old who has just been told he has no marketable job skills. We need to give our young people more options. Gwen Marshall from Minneapolis is just one example. Gwen graduated years ago with average grades from North High School. She was married, had a daughter, and was later divorced. As a single parent, she worked fuR-time during the day and sometimes held evening jobs in retail sales. Eventually the draining routine, the day care payments and being away from her young daughter got to be too much, so she quit her jobs and went on AFDC. To her credit, Gwen enrolled in a skilled trades program at St. Paul Technical College last year, 17 years after she graduated from high school. She will complete the program this summer and someday wants to teach at a high school or a technical college. I have met Gwen, and I am confident she will attain any goal to which she aspires. She is with us this evening. Gwen Marshall in the center balcony. But we have not been fair to the Gwen Marshalls of Minnesota, and there are many of them. Today I would like to promise you Gwen that we can and we will give your daughter more career options. In my own life, education has meant everything. If it were not for the unique opportunities that I had, and the sturdy encouragement I recg. ived from my parents, I know this: I would not be here tonight, and I suspect the same is true for most of you. Gwen's story illustrates that the system that has served most of us and our parents so well for so long is no longer adequate. In Minnesota, we can and must do better. The high-performance employers of today demand high skills from every employee at every level. Employers all over the state are telling me they cannot find the kinds of qualified workers they need. They are frustrated by the widening skills gap. 4 The results of a recent Trade and Economic Development survey tell us that 70 percent of Minnesota companies report difficulty in recruiting skilled and technical workers. In a brand new survey of 351 Minnesota businesses conducted by the Minnesota Business Partnership, 52 percent of Twin Cities employers believe today's job applicants lack adequate basic skills in reading, writing and math. Ninety percent said they would like to see Minnesota high school graduates be certified as meeting minimum standards. Another large Minnesota employer reports that 75 percent of the Minnesota youth applying for jobs with their company cannot pass the company's basic employment exam. A manager of one of Minnesota's most prestigious technology companies told us his company finds better qualified high school graduates in Guadalajara, Mexico, than in Minnesota. That bothers me. We do not have a job shortage in IVfinnesota -- we have a skills shortage. And I fear that this skills shortage will eventually drive high-skills jobs out of the state. This is not the fault of our children. It is not the fault of our teachers or schools or communities. The blame largely rests with a fragmented system that sends out mixed messages to our children; a system that has not yet recognized that our children will compete in a world economy. Our young people deserve a bigger, better package of education and training possibilities. Students need linkages to the rapidly changing, increasingly technological world. In Minnesota, we have begun to address some of these problems. We have created, for the first time, a Children's Cabinet consisting of all the state government department heads whose agencies provide services to children and families. This executive level cabinet has taken an inventory of all children's programs in the state and formulatexl Minnesota's first integrated children's budget. 5 I can assure you that this budget, which reflects the needs of Minnesota's children, will be my number one priority this session. We will protect our overall spending on children from budget cuts. In other areas too, Minnesota's leadership on behalf of children is being recognized on the national level. We are a leading candidate to receive a multi-million dollar grant from a major national foundation to completely reinvent the way we serve families and children. A team of Minnesota educators will receive up to $14 million from a national fund to design new kinds of schools that will serve as community learning centers for people of all ages. We are distinctive among all states in our commitment to Head Start. Minnesota is one of only a handful of states that invest in Head Start beyond what the federal government gives us. And we increased our commitment by 30 percent last year. But we need to do more. TONIGHT I-AM PROPOSING THE NEXT LOGICAL STEP -- TO BRING TOGETHER, FOR THE FIRST TIME, PROGRAMS THAT ADDRESS THE NEEDS OF CHILDREN What I am proposing tonight is nothing less than an overhaul of our system from top to bottom -- an agenda for change, to keep Minnesota in a national leadership position on children and families, and to prepare our young people for the work force of the 21st Century. Our administration is committed to putting our customers first, and in Minnesota, children are our number one customer. It is time we reorganize around the needs of today's child, to start with the child, and carefully build out from there a complement of services at the local level that makes sense and leads to successful, confident kids. 6 I recognize these proposals are significant, and therefore will not pass without a great deal of controversy and spirited debate. But Representative Willard Munger told me two years ago, and I quote, 'If something isn't controversial, it's probably no damn good anyway." I tend to agree with you, Willard. WHAT WE ARE PROPOSING IS TO CREATE A NEW DEPARTMENT -- THE MINNESOTA DEPARTMENT OF CHILDREN AND EDUCATION SERVICES. Let me repeat that. We are proposing to create a new department - the Minnesota Department of Children and Education Services - to address the needs of the total child, from infancy through the teenage years. Creating a new department will mean dramatically changing, and in some cases, abolishing, existing agencies. But we cannot let long-standing battles over turf and reverence for institutions stop us from taking meaningful steps for children and their families. What will this mean to children and families who need help9· It will mean that for the first time, there will be a single agency responsible for cutting through the bureaucratic tape on behalf of children. It will mean that a single agency head can be held accountable for producing better results. It will mean that families can be more assured of finding and getting comprehensive help in one convenient location. And it will mean that every child will have a better shot at success. Changes are already taking place in Minnesota that reflect this new approach of putting children, not systems, first. This new department will support those community-based efforts. We have learned that some of the most effective programs, such as Head Start, work best because they in¢olve families in all aspects of the program and they rely on local community involvement. We will use this philosophy throughout the Department of Children and Education Services as we bring in programs in addition to Head Start such as Early Childhood Family Education, Early Childhood Screening, Learning Readiness, Way to Grow, Even Start, the Children's Trust Fund and a host of others that focus on those critical years in a child's life from birth to kindergarten enrollment. By reinventing the way we serve these young children, of a fragmented, disjointed system. we will begin to make some sense out 7 In addition to reorganizing at the state level, we will offer incentives to local officials, Community Action agencies, schools, parents and non-profits to forge a new partnership around the needs of children and families. Our budget proposal, which will be unveiled in 12 days, will include $10 million dollars in new grants to be awarded to communities who develop collaborative ways to help children and responsible families succeed, and who make a commitment to measuring results for children. Because education is such an important pan of our children's lives, we invite educators to join in a dynamic partnership with the whole array of other children's services. To do this, we will propose that the education services currently provided by the Department of Education be incorporated into the new Department of Children and Education Services. This new department will carry forward the commitment we have made to make our education system one that is driven by results. We have talked about standards in education long enough. It is time to take action. To set standards. To set them high, and to measure the results. Having serious, measurable stahdards will assure us that no child will slide through high school without basic skills. These new benchmarks ultimately will bring a more individualized approach to teaching and learning, because once these standards are in place, the state is going to step back and simply send the money and resources educators need to help students achieve this level of competency. No more micro-management. No more state regulations about how many hours of French or geography a child needs. We will stop piling on our teachers every social goal that should be delivered by families, churches and other institutions. We are going to let local schools do their jobs. We will free teachers up to teach. Our focus at the state level will only be on outcomes. We will ask the Department of Children and Education Services to determine and assess educational standards so that by about the 10th grade, our students will have mastered a rigorous set of academic skills. As students pass through this gateway of achievement, we can be assured that every one of them has the basic skills needed to proceed on to the next level. In addition to assuring that no child is left behind in their early years, we must begin to address the job training needs of our young adults. Which brings me to the next major part of our proposal this evening, and it has to do with how we prepare our young people for the high-skill, high-wage jobs of tomorrow. I PRoPOsE THAT MINNESOTA MOVE AGGRESSIVELY TO CREATE OUR OWN SYSTEM OF YOUTH APPRENTICESHIPS - THAT WE FORGE A NEW PARTNERSHIP WITH BUSINESS, EDUCATION, LABOR AND GOVERNMENT THAT WILL WlD~ THE OPPORTUNITIES AVAILABLE TO OUR YOUNG PEOPLE. I am proposing tonight that we commit to giving our young people more meaningful options while they are in high school - options that will compel them to stay in school, work hard, gain hands-on training in a high-skill occupation and, at the end of four years, secure a well- paying job. To the 20 percent of Minnesotans who complete a four-year degree, our education system may appear to be working just fine. But 80 percent of Mirmesotans never complete such a degree. We need a new focus on the 16- to 20-year-olds who are at risk of leaving the education system without the skills needed tO enter a secure high-wage career. We need to place a special emphasis on reaching out to our at-risk youth -- children of color, children in poverty, children who learn best in a hands-on environment, children who now are falling through the cracks of our system into a future of despair. With a youth apprenticeship program in place, students will have the option of pursuing college preparation courses or a combination of academic classes and hands-on job training during their last two years of high school. Will this kind of learning program trap our kids into making narrow, one-way choices? Absolutely not. Will it give all teenagers and young adults more options? You bet. Work-based learning will put a solid floor under a young person's career. Many will take this experience and go on to a college or university later. That is how it works in Europe. For example, one third of all practicing engineers in Germany went through apprenticeship programs first, and then went on to the university for further education. 9 This youth apprenticeship program will also be coordinated by the new Department of Children and Education Services. In my budget message later this month I will also propose establishing Education and Training Accounts for every young Minnesotan. For those students whose families are less able to save for tra~.' ing and education, we will contribute to their accounts. We will challenge philanthropies, employers and parents to save through these accounts so that no young person will stand at the threshold of training opportunities without the resources to participate. This new department will serve as a school-to-work bridge for students; linking students with training and linking trained students with good jobs. We recognize that industry, in partnership with labor and educators, is the key to this youth apprenticeship program. For employers who participate, this means finding new resources for training and finding the money in today's tough economic climate to pay the wages that students will earn during training. But business will ultimately see that, long term, this is an investment that brings powerful returns. Honeywell has already stepped forward with an offer to open up 80 apprenticeship spots within their Minnesota facilities. Jim Renier, CEO of Honeywell is with us tonight, and on behalf of all Minnesotans I want to say thank you Jim, for your leadership. Minnesota employers have established a number of meaningful partnerships with local high schools, technical schools and colleges. But tonight I am calling upon them to do much more. ' Now we must also recognize that government alone will never be good at rearing children. Every sector of the community must play a role. Parents, especially, must take an active role. There is only one place where children can learn that they are lovable, capable human beings, and that is at home. It is up to parents to teach their children the importance of responsibility and the rewards of hard work. 10 Our young people must come to grips with the fact that learning demands their rigorous participation. It does not occur through osmosis, it is not a spectator sport and it is not free. Minnesota taxpayers are paying more than $6,000 per year to educate each student and we expect hard work in return. I want to make sure that students are working hard on their education. It was shocking to me to learn that Minnesota leads the nation in the number of youth employed in the work force, with 69 percent of Minnesota teenagers working an average of 24 hours a week. Teachers tell me that these students come to school tired and unprepared. The 1992 Minnesota Student Survey confirms that grades drop off dramatically for those students who work 20 or more hours per week. This tells us that too many young people today are being held back by peer pressure to earn money and by a culture fled to cars, clothes and CDs. We must introduce a new seriousness into the business of learning and communicate that seriousness to our kids. We will propose legislation this month to limit youth who have not yet completed high school from working more than 20 hours per week during the school IN SUMMARY, TONIGHT I HAVE OUTLINED A PROPOSAL THAT WILL BRING TOGETHER THREE DYNAMIC SUPPORT SYSTEMS INTO ONE COHESIVE DEPARTMENT FOR CHILDREN AND YOUTH. First we will bring together all those critical programs for our youngest children before they enter kindergarten. To this we will add educational programming for elementary and secondary students with an emphasis on setting rigorous academic standards for all students. And then we will add the third piece, and what is now the missing link, career preparation in the form of youth apprenticeship training for our young adults. This new department will support a seamless, community-based approach to serving young people in Minnesota. 11 ,1 I It is an ambitious agenda, and I look forward to discussing these proposals and others with you. But there is a sense of urgency. Our work force is in stiff competition with workers in other countries. Real wages in America have declined in the past 20 years. I know that President-elect Bill Clinton understands these issues very well, because I have worked with him and the governors of other states to put these issues on the national agenda. I say tonight to President-elect Clinton: Minnesota is ready to work with you to lead the nation in making America's work force the best in the world. What we're talking about tonight is a new team effort, and every player must pitch in and work hard in order to win - government, business, parents, children, all of us. If we start today and work together, our kids will come out on top. Thank you very much. 12 ~ OF GOVERIVOR AP, N~ H. CARI~ON'$ PI. AH FOR CHILDREN ~4ND F~UC,~TION 5F~VIC_.F.5 State of the State Address - .January 14, 1993 A new Department of Children and Education Services will be created, repl..a~ing the .exes. Un~ Department of F_~lucafion and the Higher F_~lucation C.~ordinat(n~ Board and mcorpor~n~ parts of a number of other state agencies. The new depart_ ent will have several functions: · A Children's Services Division will bring together programs serving children from birth to kindergarten enrollment. · The new department will be responsible for facilities and finance, standards and assessment, and research and other services relating to education and special education. The department will be respons~le for setting educational standards and assessments, developing a benchmark assessment for basic academic skili.~ to be taken at about 10th grade, setting high school graduation standards and developing alternative learning methods to ensure that all children master basic academic skill.g. · A Care~ Preparation Division, focusing on young people from about age 16 to 20, offering them a wide range of options ranging from baccalaureate preparation to youth apprenticeships to technical training. · A Higher Education Division, focusing on students choosing to participate in higher education. In addition, the plan includes: $10 million in new grants, available to communities who develop collaborative ways to help children and families succeed, and who make a commitment to measuring results for kids. $5 million for state and local efforts to plan and design a system of youth apprenticeships. Establishing Education and Training Accounts to encourage families to save for their children's training and education. About $25 million in state funds would be available to children in low-income families for accounts to finance their future training. Foundation and business contributions also could be used to enhance savings for education and training for all children. Legislation limiting the number of hours that young people can work if they have not yet completed high school Exceptions would be allowed in cases of financial hardship. Support for the new Higher Education Board and consolidation of the governance boards of the three higher education systems by 1995. In addition, existing citizen boards will be retained as advisory bodies to the new department. THE DEP~ OF ~I~,dND EDUCATION SERPTCES Functions of the Children's Services Division: To consoHclate and coordinate policies and programs that deal primarily with children from birth to kindergarten enrollment. The division also will administer community collaboration grants. Programs to be transferred to the Children's Services division (Note: Programs would be phased in over the course of the biennium): From From the Department of Jobs and Training: Head Start the Department of Education: Early Childhood Family Education (including tn'bal schools) Em'ly Childhood Special Education and Part 1-13 Lea~ng Readine~ Way to Grow Even Start the Department of Health: School Health program Home Visitor program * In ~n, the new de~m~nent would provide policy coo~n for Lead Sc~v~n~ Maternal and Child Healt~ and the Women, Infants and Children progam. From the Department of Human Services: Child Care Service Development Children's Trust Fund Migrant Child Care Dependent Child Care raay eer/od/c Screv O/agno and treatment. From the Department of Trade and Economic Development: Community Resource Program Functions of facilities and finance, standards and assessment, and research and related ~ervices: To coordinate and consolidate education services from kindergarten enrollment through about loth grade, or successful completion of an assessment of core academic sidlk. These divisions will be responsible for setting standards and determining assessment tools, for providing alternative learning opportunities to those students who need additional assistance in reaching basic skill levels, and for providing career guidance and training to young people. Programs to be transferred to those functions: From the Department of Education: Kindergarten through lOth grade education services and administration, including special education. Functions of the Career Preparation Division: To aggressively track and forecast employment opportunities and trends, partiaflarly concentrating on high-skill; high-wage jobs; to provide a clearinghouse of information for students, parents and employers for career information; to set certification standards and establish credentials for youth apprenticeship progr'am.~; to recruit employers, schooh, students and parents to'participate in youth apprenticeship programs; to place a special emphasis on at-risk students, including communities of color and students in poverty;, to coordinate policy, ~dministration and financing of educational services to young people who have mastered basic educational skills to prepare them for post-secondary education and the workplace. Programs to be transferred to the Career Preparation Division: From the Department of Education: Mimiesota Career Information System 11th and 12th grade educational services and admini.~tration From thc Department of Jobs and Training: Minnesota Occupationsl Information Council Functions of the Higher Education Division: Management of financial aid programs, support functions, policy analysis, providing a clcafingbousc of information for students, parents and employers. Progr~_ms to be transferred to the Higher Education Divhion: Programs and functions of the Higher Education Coordinating Board Other:. The Department of Education and the Higher Education Coordinating Board would be abolished, with their functions tran.~ferred to the new agency as outlined. The tr~n.~ition would take place over a two-year phase-in period. The reorganization would not affect the merger of the governance boards of the three higher education systems by 1995. Questions and Answers About Youth AppFenflceslflp Qe Q® Qo Qo What is youth apprenticesMp? Minnesota Technology Inc. and its Youth Apprenticeship Steering Committee, which has pioneered planning for youth apprenticeship programs in Minnesota, uses the following definition: A program that integrates academic instruction and work-based learning; provides for worksite learning and paid work experience; is offered to students beginning in about the llth or 12th grade; is intended to result in receipt of a high school diploma_ and an approved certificate of comPetency, and lead to entry into a post-secondao, program or permooent employment. Does school end at 10th grade, once a student has mastered basic skills? No. Once the basic academic skills are mastered, educational opportunities will be expanded during the fln:al two years of high school, and beyond. Students will take professional or technical courses in broad career fields, a college preparatory curriculum, a youth apprenticeship program, or a combination of options. Bnilt-in flexibility will permit students to move back and forth between options leadln~o toward college and the workplace. Students will continue to earn a high school diploma after 12th grade. Will the role of the high school change? It depends. Some high schools may choose to offer the same choices they currently offer, in which case, change would be m;nimal. Other Mgh schools could choose to specialize in certain areas: for example, offering intense preparation for baccalaureate degree programs, or offering youth apprenticeship programs thor combine learning with on-the-job experience. In addition tO high schools, other institutions could offer programs to attract llth and 12th graders. Businesses or industry groups could set up training academies, either independently or in cooperation with high schools. Comm~_m!ty colleges could offer, as technical colleges now offer, programs for high- school-age students. Students could use the Post-Secondary Options Act to take college courses or enroll in youth apprenticeship progr.ams. Critics argue that forcing llth grade students to choose between baccalaureate preparation or work-based learning amounts to a Nwo-track' system that divides students according to their ability. Is that a valid argument? No. Students will have more options than they do now to pursue different kinds of learning experiences. In addition, students who choose one option and then change their minds will be able to choose another career path without penalty. 'I'ne United States is the only major industrialized country that does not have a well-defined and implemented school-to-work transition By offering new opportunities for skilled technological training, often in non-traditional settings such as the workplace, this initiative reaches out to our most neglected students- the 50 percent or so who will not go on to college. Q® Qm Q® Q® Qo What is the target population for youth apprenticeship? Students ages 16 to 20 who are interested and could benefit from a structured ~ands-on' work-school experience. Special efforts will be undertaken to attract young people of color, young women and at-risk youth. Why would employers choose to participate in youth apprenticeship programs? Because it is in their own best interests. Better school-to-work transitions will produce the foundation of a highly skilled worldorce. Young people who complete youth apprenticeship programs will form a pool of proven, competent, tr2_ ined individuah from which to choose entry level employees. Also, as youth apprentices learn on the job, they become productive workers. How will Minnesota finance the costs of planning, desi=onlng and implementing youth apprenticeship programs? . New funds amounting to $5 million will be provided for planning and designing the system. Financing of instruction that will take place during the youth apprenticeship period will be similar to that permitted by the Post-Secondary Options Act. l~innesota also will aggressively pursue federal resources that are expected to become available. Finally, Minnesota employers who create youth apprenticeship programs will pay part of the costs through wages paid to the youth apprentices. W'fll this ~ffect existing certified apprenticeship programs for adults? No. Occupations in which certified apprenticeship programs exist will not be omong those chosen for youth apprenticeship. What ffa young person enrolled in a youth apprenticeship program, but then changed her mind and decided to go to college instead? Could she make the switch? Yes. Youth apprenticeship experience would be directly transferrable to a baccalaureate program Likewise, college credits could be tran.~ferred to youth apprenticeship program.~. League of Minnesota Cities January 15, 1993 R£ 'O ;JAN 9 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 FROM: RE: MAYORS, MANAGERS, CLERKS - cities with 5,000 population and above Ann Higgins, Federal/State Liaison '93 NLC Congressional-City Conference, March 6-9, Washington, D.C. PI,RASE BRING TO THE A'i'r~N'riON OF CITY OFFICIALS ENCLOSED INFORMATION ABOUT THE 1993 NLC CONGRESSIONAL-CITY CONFERENCE, TO BE ~RLD IN 9~%S~INGT~N, D.C., MARCH 6 - 9. DEADLINE FOR ADVANCE REGISTRATION IS FEBRUARY 12. IT IS IMPORTANT TO SUBMIT REGISTRATIONS ]/~w~IATELy IN 0RDERTO 0BTAINYOUR CHOICE OF HOTEL AC~DATIONS. LMCDelegation Activities BRIEFING: Preparation for Capitol Hill meetings The League will hold a briefing on Monday, ~rch 8, for all city officials attending the conference to prepare for meetings on Capitol Hill with members of the Minnesota Congressional Delegation. MEETINGS with M/nnesota Congressional Delegation Appointments for meetings with House and Senate members of the congressional delegation will be scheduled on Capitol Hill on Tuesday, March 9, beginning as early as 8:30 a.m., and continuing throughout the day until as late as 4:00 p.m. These meetings represent the major focus of activity for city officials attending the conference. Please take note of this activity in planning your travel schedule. RECEPTION on Capitol Hill The League will also sponsor a reception for city officials and members of the Minnesota Congressional Delegation on Capitol Hill on Monday evening, March 8, frc~ 6:00 - 8:00 p.m. There will be a charge for attending the reception to cover the cost of catering. Travel arrangements: information/assistance Information on airfares and travel agency assistance in planning your trip to Washington, D.C. will be available soon. The League will identify an agency and available discount fares for those attending the conference as a service to cities. Policy Co, m~tteeMeetings The first meeting of 1993 NLC policy committees will take place on Saturday, March 6, from 1:00 - 4:30 p.m. City officials interested in serving, or continuing to serve, on these committees should contact ~n, Higgins as soon as possible. (SEE LIST OF CURRENT MEMBERS BELOW.) By the end of January, LMC President Larry Bakken will be appointing city officials to serve on each of the five NLC policy committees for the coming year. Policy con~-~ttees will be establishing priorities for policy development at meetings in March. (Minnesota city officials interested in serving on NLC steering committees have already submitted applications. Those appointments are made by committee chairs. Steering committees examine issues and develop policy recommendations for review by policy committee members and adoption at the NLC Congress of Cities, held at the close of the year (December 2-5, in Orlando, Florida). (Note Change in dates!) Current (1992) NLC Policy C_n-~n~ttee Members: FAIR (Finance, Administration, & Intergovernmental Relations) Janel Bush, Minneapolis Skip Johnson, Mound LaNelle Olsen, Northfield Don Ramstad, Maple Grove Robert Stromberg, Brooklyn Park CED (Community & Economic Development) Sonja Berg, St. Cloud Jackie Cherryhomes, Minneapolis Ruth Crawford, Rochester Dean Maschka, Roseville Mark Voxland, Moorhead Terry Schneider, Minnetonka (alternate) T&C (Transportation & Communications) EENR (Energy, Environment & Natural Resources) Carol Johnson, Minneapolis Douglas Pearson, Bklyn. Park Robert Pollock, Inver Grove Hts. (2 vacancies) HD (Human Development) Joan Campbell, Minneapolis Sharon Fees, Brooklyn Park Neil Peterson, Bloomington LeAnn Sargent, Maple Grove (one vacancy) Name Address Phone(s) Robert Benke, New Brighton Vernon Johnson, Roseville Bruce Nawrocki, Columbia Heights Mary Petterson, Rochester (one vacancy) 1993 NLC POLICY CO~MITTEEMEMBERSHIP APPLICATION Title City Zip I wish to serve __ continue to serve . on the 1993 NLC Policy Committee. Return to: Ann Higgins, LMC Office, 3490 Lexington Ave. N., St. Paul, MN 55125 DIRECTORS PRESIDENT Karen Anderson M;nnetonka V~CE PRESIDENT Dav,d Ch;ids New 9r~ghton PAST P~ESZDENT Bob Long St Paul DIRECTCR$ Don Ashworth Chanha~sen Bill Barnhart Minneapoiis W~:~iam Burns Fr*dley Joan Campbell M~nneapchs Tom Egan Eagan ¢ Enrooth $, :;bony Jerry L;nke Mounds View F, enneth Mahle Jr. Wcodbury North St Paul Frank Ongaro St Paul 5arbara Peterson Orono J,mProsser Park ?enda Thomas F-XECUT VE DIRECTOR aseociat[on of metrojoo!!t.an muniapa nee JAN 2 1. 1993 January 20, 1993 TO: Mayors, Managers/Administrators, and Contact Persons Enclosed is an invitation to a leQ~s]ative reception sponsored by the AMM for Metrop01~tan Area Legislators and Metropolitan Council Members. The purpose of the reception is to explain the AMM position on various issues to the legislators and Met Council members through one-on-one discussion and a short program which will concentrate on city aid, HACA and the Local Government Trust Fund. As an AMM member city official, you are invited to attend the reception. As indicated on the enclosed invitation, the reception is on February 10 at 4:30 P.M. at the Kelly Inn in St. Paul. We hope that at least one person from each member city will attend. More are welcome! To make this year the most successful, we ask that you please call your legislators and urge them to attend. Also, since this invitation is being mailed to Mayors, Managers, and contact persons only, please extend this invitation to others on your council or staff who might be interested in attending. Thank you. , ! ~--~ --~---~ , xecu~ive uirector Association of Metropolitan Municipalities 3490 lexington avenue norlh, st. paul, minnesota 55126 (612) 490-3301 q 2(,,~ The Association of Metropolitan bfunlcipallties Cordially Invites you to a Reception For State Legislators from the Metropolitan Area and Metropolitan Council Members Wednesday, February 10, 1993 4:30 p.m. to 6 p.m. Program from 5'.30 p.m. to 5.15 p.m. Buffing-ton-Gilbert Rooms Kelly Inn - St. Paul - State Capitol St. Anthony at Rice Street Karen Anderson, Council member Minnetonka President David Childs, Manager New Brighton Vice President Please Reply to Carol Williams, 490-3301 By Friday, February 5, 1993 Supported financially in part ~y: Briggs & Morgan Larkin, Hoffmar., Daly & Lindgrcn, Ltd. Miller & Schroeder Financial Inc. Holmes & Graven Piper, Jaffray Companies cz:4[ Fac.gre & Ben~-~n C'g JAN ! 9 1993 LAKE MINNETONKA CONSERVATION DISTRICT EURASIAN WATER MILFOIL TASK FORCE Agenda 8:30 am, Friday, January 22, 1993 Norwest Bank Bldg Conference Rm 135, Wayzata e e 7. 8. 9. Introductions, Chair Tom Penn Review and acceptance of 12/18/92 minutes as mailed; Experimental Design to Evaluate Fluridone for whole Lake Control of Eurasian Water Milfoil, Draft #2~ 12/31/92: a. Scientific Subcommittee review and recommendations be LMCD assessment of the role St. Alban's Bay plays as a possible site for some portion of the fluridone evaluation -- and relationship of this evaluation to the prospects for a whole-lake fluridone treatment of Lake Minnetonka c. EWM Task Force review and recommendations Review of preliminary plan for LMCD harvesting and other control and prevention of milfoil spread options for 1993 Lake Minnetonka milfoil control program, Strommen; MN Lakes Association (MLA) Exotics Species Committee report on state legislative initiatives to strengthen legislation governing control and funding of EWM and other aquatic exotic species, Pat Wulff, MLA Board; Hennepin Parks report, John Barten; Freshwater Foundation report~ Dick Osgood Lake association reports Additional business and confirmation of February 19 meeting date; 10. Adjournment JAN 9 1993 LAKE MINNETONKA CONSERVATION DISTRICT LAKE USE AND RECREATION COMMITTEE AGENDA Monday, January 25, 1993, 4:30 PM Norwest Bank Building 900 E. Wayzata Blvd, Room 135 (Elevator access for Handicapped; use west entrance on Wayzata Blvd.) Be Second reading of Ordinance establishing a Quiet Waters Area in part of Halsted's Bay, amending Code Sect. 3.02 1993 Save the Lake Recognition Banquet - recommendations for recipient of Water Patrol Special Deputy Award DNR proposal to enhance an existing shore fishing area, per staff summary Special Events - consideration of code amendment to allow staff to approve new Special Event Licenses using conditions in Section 3.09, Subd. 3~ per Chair Foster Staff recommendation to begin development of boater education programs in lake high school districts per Management Plan Education and Enforcement, Obj. 3~ pg 34 Staff update on DNR's proposed change in snowmobile registration numbers, per DNR meeting of 1/13/93 Organized snowmobile use on Lake Minnetonka~ report by Bill Kullberg, Southwest Trails Assoc: A. Introduction to organized snowmobile activity on Lake Minnetonka B. Snowmobile lake access from Hennepin Regional Parks C. Discussion on controls for open water in channels under bridges D. Preparations for new southwest trails map and possible distribution through a container near public access points Water Patrol Report A. Monthly Activity Report Additional business 1/15/93 JAN 2, 5 1993 LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:30 PM - Regular Meeting Wednesday, January 27, 1993 Tonka Bay City Hall 4901Manitou Road (County Rd 19) CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Cochran 1. Save the Lake Recognition Banquet, February 11, 1993 2. Mayors Meeting 1/8/93, informational review READING OF MINUTES - 12/2/92 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda COMMITTEE REPORTS WATER STRUCTURES, Chair Babcock A. Approval of minutes, meeting of 1/9/93 B. Non-encased Molded Polystyrene Foam Prohibited in Floating Structures, draft ordinance by staff; recommending that an ordinance be drafted by the LMCD attorney per amended Orono ordinance Special Density Licenses, first reading of draft ordinance amending LMCD Code Sect. 2.05, Subd. 8; recommending approval with changes by committee Length Variances for Docks, first reading of draft ordinance amending LMCD Code Sect. 1.07, Subd. 3; recommending approval adding amendment to Sect. 2.01, Subd. 2. a) Authorized Dock Use Area length Fee Resolution draft, adding definition of how Watercraft Storage Units (WSU) are measured; recommending approval Lake Minnetonka Dredging Joint Policy Statement between DNR, MCWD and LMCD; recommending approval as amended by Water Structures and Environment committees Carlson Real Estate Co. dredging permit application, to dredge a navigation channel around a wetland in Halsted Bay; per 1/12/93 communication to DNR as directed by committee Additional business Ce De Ee He LAKE USE AND RECREATION, Chair Foster A. Approval of minutes, meeting of 1/25/93 B. Quiet Waters Area in Halsted's Bay, second reading of Ordinance amending Code Sect. 3.02 C. Water Patrol Special Deputy Award; recommendation for recipient at 1993 Save the Lake Recognition Banquet D. Special Events; consideration of code amendment to allow Executive Director to approve ney Special Event Licenses LMCD Board of Directors Agenda, 1/27/93~ Page 2 Ee Hennepin County Sheriff's Water Patrol Report Additional business ENVIRONMENT: A. Environment Committee, Chair Hurr 1) Approval of minutes~ meeting of 1/12/93 2) Trunk Highway 101/Grays Bay Bridge Replacement, Environmental Impact Statement and response of 1/12/93 as directed by the committee. B. Eurasian Water Milfoil Task Force, Chair Penn 1) Approval of minutes, meeting of 12/18/92 and 1/22/93 2) DNR Experimental Design to Evaluate of Fluridone for Whole Lake Control of Eurasian Water Milfoil; recommendations and status of St. Alban's Bay as part of this evaluation. LAKE ACCESS COMMITTEE, Chair Grathwol A. Approval of minutes, meeting of 1/25/93 B. Lake Access Task Force reports, meetings of 12/9/92 and 1/13/93 per material provided with Task Force mailings. C. Additional business ADMINISTRATIVE COMMITTEE, Chair Carlson A. Approval of minutes, meeting of 1/7/93 B. Computerization progress of accounting system C. Staff cost accounting procedures to track total staff time commitment on all responsibilities D. Fee Study Subcommittee, meeting report of 1/21/93 1) Statement of Purpose and Identification of Multiple Dock Related Activities outline; committee recommendations E. Staggered terms for directors; recommending changes for board members reported in 1/7/93 minutes and any subsequent city council actions on board member terms; F. Performance reviews and compensation recommendations of executive director and administrative technician; G. Additional business. FINANCIAL REPORTS, Treasurer Carlson A. November and December Statements of Cash Transactions B. Audit of Vouchers for Payment EXECUTIVE DIRECTOR REPORT, Strommen A. 1993 staff objectives as presented to Admn. Committee UNFINISHED BUSINESS 1/22/93 1993 LAKE MINNETONKA CONSERVATION DISTRICT Regular Meeting 7:30 PM, Wednesday, December 2, 1992 Tonka Bay City Hall CALL TO ORDER The meeting was called to order by Chair Cochran at 7:30 PM. ROLL CALL Members Present: David Cochran, Chair, Greenwood; Doug Babcock, Secretary, Spring Park; Mike Bloom, Minnetonka Beach; Scott Carlson, Treasurer, Minnetrista; Bert Foster, Deephaven; James Grathwol, Excelsior; JoEllen Hurr, Orono; Duane Markus, Wayzata- as noted; George Owen, Victoria; Tom Penn, Vice Chair, Tonka Bay; Robert Rascop, Shorewood; Robert Slocum, Woodland. Also present: Charles LeFevere, Counsel; Sgt. Wm. Chandler, Sheriff's Water -Patrol; Eugene Strommen, Executive Director; Rachel Thibault, Administrative Technician. Members Absent: Mound. William Johnstone, Minnetonka; Thomas Reese, CHAIR ANNOUNCEMENTS Chair Cochran had no announcements. READING OF MINUTES Hurt moved, Babcock seconded, to approve the minutes of the 10/28/92 Board meeting as submitted. Motion carried unanimously. PUBLIC COMMENTS There were no comments from persons in attendance not on agenda. COMMITTEE REPORTS 1. WATER STRUCTURES, Chair Babcock A. Minutes Babcock moved, Penn seconded, to approve the minutes of the 11/14/92 Water Structures Committee meeting as submitted with the following change: Page 3, Paragraph 7, adding the following to the Motion after "a sunset provision": for pre-existing structures. Motion carried unanimously. B. Dr. Glen Nelson, Stubbs Bay, Orono, New Multiple Dock License Application The Board received the committee recommendation to approve a new multiple dock license application from Dr. Nelson for 9 boat storage units. Motion: Babcock moved, Hurr seconded, to approve a new multiple dock license for Dr. Glen Nelson, for 9 boat storage units, subject to a City of Orono Joint Use Dock Permit and a DNR multiple dock permit being obtained. Vote: Motion carried unanimously. LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 Babcock pointed out that a DNR permit has been issued and that Nelson's Orono permit application is scheduled for Orono's January agenda. C. Proposed Ordinance prohibiting use of non-encased polystyrene foam in floating structures The Board received the recommendation of the Water Structures Committee to prepare an Ordinance which would prohibit new installations of non-encased polystyrene foam or other man- made materials subject to deterioration for floating structures on the Lake with a sunset provision on pre-existing structures to December 31, 1994, except mooring buoys less than 2' in diameter to be allowed to December 31, 1997, unless there is any sign of deterioration. Operators of any existing floating structures are responsible for shoreline clean up of any fragmentation that may occur. Motion: Babcock moved, Hurr seconded, to direct the LMCD attorney to draft an ordinance per the committee recommendation. Discussion: Babcock advised the Board that staff had presented some questions and recommended that the subject be referred back to committee. Staff wishes to conduct further review of various items as presented in a staff memo dated 12/2/92. Motion: Slocum moved, Cochran seconded, to refer the proposed ordinance back to the committee for further review. Discussion: Babcock asked if the Board prefers to adopt a broad based ordinance with definitions in general terms, or adopt a more technical ordinance similar to the Oregon State Marine Board's ordinance. Babcock recommended that the Board use a more broad based ordinance. Penn asked LeFevere if the Board could write the ordinance in broad based terms and enforce it without technical aspects defined. LeFevere responded that the clearer the ordinance is that any given construction material falls within the definition, the easier it would be to determine if there is compliance. The ordinance should be drafted as clearly as possible so the public can determine if they are in compliance. There are two ways to write the ordinance: 1) use general language defining acceptable floating dock construction materials with "including, but not limited to...", or 2) specify which construction materials would be permitted, or prohibited, and require that an applicant with any other floating dock construction material come to the LMCD Board for approval. LeFevere continued that the best process is to go as far as possible with the definition, identifying four or five materials that are acceptable, and allow other materials to be submitted to the Board for approval, or prohibit specific products. Motion withdrawn: Hurr withdrew her second, and Babcock withdrew his motion. LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 Further Discussion: Several Board members commented that they would like to see an ordinance prohibiting the expanded bead foam in place right away to address the immediate problem, and allow time for a more comprehensive ordinance to be developed over the next year to address other materials that may be used in floating docks. Motion as amended: Slocum and Cochran agreed to amend their motion to refer the proposed ordinance back to the committee with the understanding that the committee will have a draft ordinance or a recommendation at the January committee meeting. Vote: Motion carried unanimously. D. Sailor's World Marina, Smith's Bay, Orono, Deicing License renewal The Board received a recommendation from the Water Structures committee to approve Sailor's World Marina's deicing license renewal. Motion: Babcock moved, Rascop seconded· to approve the deicing license renewal application for Sailor's World Marina. 3 Discussion: Hurt pointed out that this marina is next to a winter access. She said that the applicant must take precautions to protect the access from the deicing installation. Penn advised that the applicant said they would use an underwater curtain on the south side. Vote: Motion carried unanimously. E. Proposed Code amendments Motion: Babcock moved, Cochran seconded, to instruct the LMCD attorney to draft code amendments as recommended by the committee: 1) Section 1.07, Subd. 3, Length Variance; changing the water depth for navigable water from 3' to 4' from the 929.4' ordinary high water level (OHWL) at the outer ends of the dock; and 2) Section 2.10, Subd. 3, Common Use of Adjacent Dock Use Areas; to allow combined sites with a single common dock to extend to 100' length, providing shoreline frontage allows it, and outer side setbacks are met. Discussion: Bloom asked where the 3' water depth had been measured from in the past for length variances. Babcock said that it was not clear. The committee suggested measuring 4' from the 929.4' elevation, so that if the water level dropped to the runout elevation of 928.6', there would still be about 3' of water depth. Cochran pointed out that the DNR uses 4' as a navigable water depth for permanent dock and dredging permits. Rascop asked that the two amendments be separated because he supports the second amendment, but not the first. He expressed concern that property owners will think they are entitled to 4' 3 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 water depth. Babcock and Cochran agreed to vote on the amendments separately. There was further discussion as to whether or not changing the navigable water depth to 4' would cause more lake residents to apply for length variances. There was support for the 4' depth to allow for the usual one foot drop in water depth over the summer. Concern was expressed that a 4' depth would increase the number of variance requests. LeFevere stated that there are two steps in the variance process. 1) The board must determine whether or not there is a hardship. 2) The board must determine if granting the variance is in keeping with the spirit of the ordinance and would not affect the health, safety and welfare of the public. There is a special subdivision under Variances for dock lengths. The depth is listed to identify if a hardship exists. Changing the depth would make it more difficult to turn down a length variance due to the hardship being changed to 4' instead of 3'. Vote on first amendment: Motion carried with Owen, Hurr, Penn, Rascop and Bloom voting nay. Further Discussion on second amendment: LeFevere gave a history on the background of common use of adjacent dock use areas. The idea is to allow the owners of adjacent small lots to waive the setbacks between the lots. For example, at a 30' lot with 5' setbacks, there is usually room for two boats in the dock use area, even though a residential site may be entitled to up to four boats. If the dock use areas of two 30' lots are combined, side by side, the combined dock use area, less the two 5' side setbacks, would be 50' wide by 30' out into the lake. There would be room for four boats, but not for eight boats. However, if the two dock use areas are combined and treated as one site, and allowed to go out to 60' into the lake, then there would be room enough for eight boats. The Board may decide to do that, but it should understand that eight boats on 60' is more than 1:10' density. Babcock asked about the requirement for a multiple dock license where there are five or more boats. LeFevere stated that storing five or more boats would simply require the dock to be licensed. Motion: Foster moved, Penn seconded to table this amendment back to committee. Vote: Motion carried unanimously. F. Amendment to 10/28/92 Board Action Motion: Babcock moved, Rascop seconded to approve the Water Structures Committee recommendation to amend the 10/28/92 Board Action on multiple dock license renewal due dates for application fees, changing: 1)the late fee date from 3/1/93 to 2/28/93 and 2)the due date for balance of application fee from 4/1/93 to 3/31/93. Vote: Motion carried unanimously. LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 G. Chapman Place Marina - Findings and Order for Denial of Variance : The Board received the committee recommendation to approve the Findings and order denying Chapman Place Marina variance application with the additional of the statement that denial of the variance does not preclude use of the marina as currently licensed for 27 BSUs. Motion: Babcock moved, Carlson seconded, to approve the Findings and Order to deny the Variance application of Chapman Place Marina. Vote: Motion carried unanimously. H. Lakeside Marina, Maxwell Bay, Orono, new as-built survey The Board received a copy of Lakeside Marina's survey with slip numbering per original configuration, as recommended by the Water Structures committee 10/10/92. A 11/23/92 staff memo was submitted explaining background on the slip numbering and the side setbacks at this site. Motion: Babcock moved, Hurr seconded, to approve the new as-built survey dated 10/1/92 with slip numbering as recommended by the Water Structures Committee, Vote: Motion carried unanimously. I. Purpose outline for Multiple Dock Fee Study Subcommittee The Board received a Proposed Statement of Purpose and Identification of Multiple Dock Related Activities for the Multiple Dock Fee Study Subcommittee dated 11/23/92, as recommended by the Water Structures Committee. Motion: Hurr moved, Carlson seconded, to approve the Proposed Statement of Purpose for the Multiple Dock Fee Study Subcommittee. Vote: Motion carried unanimously. There was discussion about setting a meeting date. Carlson asked if the members from the marina operators had been identified. He recommended finding out who they would be before scheduling a meeting date. Babcock recommended setting the meeting date before the next Water Structures Committee meeting in January. J. Additional Business Babcock said that a subcommittee that met 12/1/92 made a recommendation to the Board to rescind the $25 fee to hold a multiple dock license in abeyance. During periods of low water, the Board had made a motion to allow a multiple dock license to be held in abeyance if a facility was not to be used at all. The motion was passed to apply during low water years, and non-low water years. The subcommittee felt that this provision should apply only during low water years. Staff further recommended the fee be rescinded in general, and if the Board wanted to, it could be re-enacted during low water years. 5 LMCD BOARD OF DIRECTORS DECF~BER 2, 1992 Motion: Babcock moved, Hurr seconded, to rescind the $25 abeyance fee for multiple dock licenses. Vote: Motion carried unanimously. Babcock asked the Board for suggestions or comments on ways to keep Water Structure Committee recommendations from being referred back to committee. Rascop suggested that all ordinance changes recommended by committee be run by the LMCD attorney for review before being presented to the Board, with the attorney given discretion to refer back to committee if there is a problem LeFevere suggested having the committee chair discuss any ordinance changes with him or the administrative technician, to decide if it should be referred back to committee for further review. Grathwol commented that the Code is so technical, that if any part of it is changed, other items are affected. He agreed with Rascop's suggestion. 2. Lake Use and Recreation, Chair Foster Foster referred the report on Lake Use and Recreation to Tom Penn because he was unable to attend the meeting. A. Minutes Foster moved, Penn seconded, to approve the minutes of the 11/23/92 Lake Use and Recreation meeting as submitted. Motion carried unanimously. B. Decibel Level Subcommittee report Penn reviewed the summary of the committee discussion on decibel levels. The intent of the meeting was to educate the committee on the whole issue of noise pollution and decibel levels. He felt that many walked away from the meeting as confused as when they started. The discussion did not make it clear whether or not there is a decibel problem on Lake Minnetonka. According to the experts, the decibel level restrictions would have to be modified 5 decibels to hear a difference. The committee agreed to wait until spring when the Pollution Control Agency, DNR, Water Patrol and LMCD can conduct tests on the lake. That way the committee can hear what the changes in decibels sound like. The committee needs to determine if there is a decibel issue, or an enforcement issue. Once the problem is defined, the committee can move on from there. C, First Reading of Ordinance Establishing a Quiet Waters Area in Halsteds Bay The Board received a draft of an Ordinance establishing a Quiet Waters area in part of Halsteds Bay, amending Code Sect. 3.02. 6 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 Motion: Hurr moved, Rascop seconded, to approve the first reading of the Ordinance Establishing a Quiet Waters Area in Halsteds Bay as submitted. Discussion: Babcock said that he is in opposition to this ordinance change because there were not enough safety factors cited to make this a quiet waters area. Vote: Motion carried, Babcock voting nay. D. Special Event Deposit Refunds Motion: Foster moved, Grathwol seconded, to approve the following special event deposit refunds at $100 each: 1) Excelsior Chamber of Commerce Fireworks, 7/4/92 2) Consolidated Race Schedule, 5/5/92 - 10/24/92 3) Lake Masters Swim Club, 5-Mile Swim, 7/25/92 Vote: Motion carried unanimously. E. Boat & Water Safety Education Program brochure The Board received a final draft of a brochure for the LMCD Boat and Water Safety Education program, which will be presented to probation officers at the Ridgedale Courthouse. Bloom asked if approval had been received from the Power Squadron and MADD to use their logos. Thibault said that approval had been received from both. F. Save the Lake Dinner Penn advised the Board that the date for the Save the Lake dinner has been set for Thursday, February 11, 1993. Hurr and Penn have volunteered to help staff plan the dinner. G. Hennepin County Sheriff's Water Patrol Sgt. Chandler said that 11 new special deputies had been sworn in this month. They had accomplished a minimum of 200 hours of training, with one special deputy completing 600 hours. There is now a total sworn compliment of 79 special deputies. They are testing 15 more for the next special deputy class session in January. Deputies have been posting thin ice signs. There were no reported through-the-ice incidents, but the Water Patrol has had to warn people to get off the ice. Deputies will be working on distributing fish house warnings around the lake regarding thefts from fish houses. 3. Environment A. Environment, Chair Hurr Hurr asked Owen to give the report because he chaired the committee in her absence. 1) Minutes Owen moved, Rascop seconded, to approve the minutes of the Environment Committee meeting of 11/10/92 as submitted. Motion carried unanimously. 7 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 2) Trash Container proposal Owen advised that the conclusion of the committee was that no matter what size container was put at public lake accesses, the container becomes filled, and frequently with household trash. There was agreement to reconunend to agencies and cities with public lake accesses that all trash containers be removed for a trial period of one year. Penn expressed concern that if no trash containers were placed at accesses, the trash would end up in the lake. Cochran reminded the Board that the involved agencies would be encouraged to remove containers on a trial basis for one year, accompanied by an educational campaign. Also, the committee did not recommend removing trash containers under bridges and at shore fishing areas. Foster said he is opposed to this recommendation. Babcock said that the DNR's position is that they do not provide funds for trash removal around the state. They promote encouraging people to take back what they bring to a lake. People abuse use of access containers by depositing household trash. Strommen said that he has observed at two access trash containers overflowing with wall insulation and leaf bags. The public pays for the trash pick up. He encourages this recommendation, which the DNR and Hennepin County also support. Hurt said that there has been an LMCD campaign in the past, that "what you take to the lake, you take back". She supports this proposal on a one year basis. Markus arrived. Motion: Carlson moved, Babcock seconded, to encourage cities and agencies to remove trash containers from public accesses on a trial basis for one year, with an education campaign for proper disposal. Vote: Motion carried, Penn, Foster and Markus voting nay. 3) Independent Evaluation of EWM Program by Contractor Bob Pierce Owen encouraged Board members to read Pierce's report. Owen said that the report was terrific. Pierce gave a presentation with overhead projector chart displays. These included charts of: 1) EWM loads harvested per day, 2) EWM acreage harvested per bay, per day, and 3) percent of time spent on each aspect of the program. Operating time spent harvesting was 21% of the annual total time on the project. Because of turn over of new part-time employees each year, Pierce recommended that there be some incentive to the harvester operators to accomplish specific goals. He felt that it is possible to do a lot more harvesting for not much more money. One of the surveys he conducted with lakeshore owners contributing to the program indicated that they are unhappy with the aesthetics of milfoil. 8 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 Pierce also included an extra appendix on how water quality affects milfoil growth, comparing Jennings Bay to the Lower Lake. The information was gathered from several sources, and was difficult to obtain. He thanked the LMCD for the opportunity to do this project. Hurr and Owen thanked Pierce for the job he did. 4) Polystyrene foam material in docks Owen said he had one committee observation to add to this subject, already discussed under the Water Structures Committee report. The committee members from a number of different agencies were unanimous that there is a problem with the expanded bead polystyrene foam being used for flotation. B. Eurasian Water Mil 1) Minutes Hurr moved minutes of the 11/20/92 Eur. as submitted. Motion carri, 2) Proposed Sonar trea Penn advised that the recommendation from the DNR treatment with Sonar. A dr~ EWM Scientific subcommittee the DNR. The DNR will then Force should have a recomme] whether or not to proceed w~ Penn also commented on Crowell on the aquatic plan if the treatment with Sonar believes the information th~ commended Crowell on doing 3) Additional business Penn added his own acc oil Task Force, Chair Penn Owen seconded, to approve the sian Water Milfoil Task Force meeting ed unanimously. ~ment on St. Alban's Bay Pask Force is awaiting a final whether or not it supports EWM {ft DNR report has been sent to the The subcommittee will respond to issue their final report. The Task ~dation to the Board by January on th Sonar treatment of St Alban's Bay. the presentation done by Wendy survey done in St Alban's Bay. Even on St. Alban's Bay is not done, Penn ~t Crowell gathered is valuable. He [n excellent, professional job. lade to the job done by Pierce. He said he feels that the Task Force has a responsibility to come back to the Board with an early response and action plan on Pierce's recommendations. Hurr commented that both the Environment committee and the EWM Task Force include agencies outside of the LMCD. She is pleased with the participation and cooperation from ail the agencies at these meetings. Penn added that the agencies participating are very focused and cohesive, considering the diversity of agencies involved. Penn said that the use of the weevil to control milfoil is still in the preliminary stages. Babcock asked if this research is something to which the LMCD could contribute. Strommen said that this research is being well funded from state and federal sources. Penn said that while research money is being provided, it is worth LMCD pursuing further research funding. 9 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 4. Lake Access, Chair Grathwol Grathwol started out with comments in response to an article printed in the 12/2/92 Sun Sailor newspaper. The article commented on the concerns of some Lake Access Task Force members. Grathwol suggested that the parties mentioned in the article take a look at what part they play in the situation. Grathwol further commented on another article in the 12/2/92 Sun Sailor regarding certain organizations wishing to have him removed as chair of the Task Force. In particular, Grathwol said that he was quoted as saying that he wouldn't allow a public access site in Excelsior and that Excelsior has the public commons beaches and many excursion boats which many people consider public access. Grathwol stated this points out the necessity to be careful when using the word public access, which has different meanings to different people at different places. Car/trailer parking is one type of public access that the Task Force has been looking at. Governor Quie first formed the Lake Access Task for in 1982. The process has been through a couple of law suits such as the Kings Point Access and the Hennepin Regional Park. In that kind of atmosphere it is not surprising that the Task Force is the center of controversy. If Grathwol said he would never allow a public access site in Excelsior, he was wrong. If he said that the City of Excelsior will not have car/trailer boat ramps, then he was expressing an opinion that may well be proven wrong. Grathwol said he feels that if the Task Force proceeds too quickly, there is the risk of not building consensus to support the Task Force's recommendations. If it goes too slow, people say its not doing enough, and want someone else to run it. Grathwol feels he is clear in enunciating what the main goal of the Task Force is. It is to find and recommend how to get 700 car/trailer parking spaces with available launch ramp. Grathwol went on to say there has been progress. There are three things he can point to: 1) The Task Force last month approved parking standards for Lake Minnetonka which cited 700 car/trailer parking spaces are required weekends and holidays, while only 350 are required during the week. This means only half the spaces are required during the weekdays. 2) The Task Force will be asked to accept an inventory of 755 existing and potential car/trailer parking spaces. Not all of them are reliable. Reliable is defined by the parking standards that were adopted last month. This is the first time in 10 years that someone has actually gone out and counted the number of parking spaces. This number will be subject to discussion and modification. 3)The next step is to go to all of the cities/agencies and ask for their agreement in writing to help make the existing parking spaces reliable. The goal is to have four cities/agencies sign an agreement before the opening of fishing season in April. Grathwol said he thinks the Lake 10 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 Access Task Force should be proud of these accomplishments, and should be thanked for its efforts. A. Minutes: Grathwol moved, Foster Seconded to approve the minutes of the 11/23/92 Lake Access Committee as submitted. Motion carried unanimously. B. Parking Standards Motion: Grathwol moved, Foster seconded, to adopt the report of the 10/21/92 Lake Access Task Force meeting regarding Parking Standards for Lake Minnetonka Public Accesses. Vote: Motion carried unanimously. C. Inventory of car/trailer parking spaces Motion: Grathwol moved, Rascop seconded, that the inventory of 755 car/trailer parking spaces be approved subject to favorable review by the Lake Access Task Force. Vote: Motion carried unanimously. D. Agreements with cities/agencies Motion: Grathwol moved, Foster seconded to recommend to the Task Force that it seek agreements with all cities and agencies to secure public access car/trailer parking spaces with a goal of four agreements being completed by 4/15/93. Discussion: Rascop asked if the Task Force would be the group to sign the agreements with the cities. Grathwol recommended that the LMCD and the cities would enter into the agreements. Grathwol agreed to amend the motion. Babcock asked if the DNR needs to be involved in these agreements. Rascop responded that the LMCD is the lead agency in the Management Plan, and this is an objective in implementing the plan. Gordon Kimball, DNR Trails and Waterways, said that the DNR would like to review the agreements. His understanding was that the parties to the model agreement are the LMCD and each city. Cochran reworded the motion which was accepted as follows: Motion as amended: to recommend that the Task Force proceed to work with the cities/agencies to obtain agreements between the cities/agencies and the LMCD to secure public access car/trailer parking spaces with a goal of four agreements being completed by 4/15/93. Further discussion: Carlson said he is not sure the Board necessarily has to approve the agreements. Rascop said he thinks the Board can offer "moral suasion". Vote: Motion carried unanimously. E. Subcommittee to draft a model agreement Motion: Grathwol moved, Cochran seconded to appoint a subcommittee to draft a model agreement for car/trailer parking by December 9, 1992 consisting of Grathwol as chair, Carlson, Rascop and Hurr as members, using as a working model the 11 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 previously adopted agreement between the City of Minnetrista and the LMCD. Vote: Motion carried unanimously. F. Lake Access Task Force chair position Bloom asked approval to respond to Grathwol's comments at the beginning of his committee report. Bloom said he was disturbed to read the Sun Sailor article. He feels that the Lake Access Task Force is an inter-active process. He has been at Task Force meetings and at Lake Access committee meetings. Not once has he heard from Orono, or anyone else, displeasure with the chair or the way the meetings were run. If someone wants a different chair, he believes it should be discussed at the Task Force meeting. Cochran deferred this to the agenda item where committee appointments would be discussed. Rascop said he would like to thank Mr. Grathwol for his efforts. He has achieved momentous headway against a sea of opposition and hidden agendas, and commends him. Penn said that he agrees that Grathwol, as chair, has been in a hot seat. He would like to express his appreciation and support for what Grathwol has done. If there are members of the Board or a city council that do not like the way the Task Force is being run, he suggests they go to the meetings, get behind the program and support it. FINANCIAL REPORTS, Treasurer Carlson A. The Board received the October statement of cash transactions and ordered it filed. B. Audit of Vouchers for Payment Babcock asked for clarification, if the grant to the Freshwater Foundation was for the lake monitoring program. Carlson said it was. Motion: Carlson moved, Rascop seconded, to approve payment of bills in the amount of $28,416.36, Checks #8896 through 8959. Vote: Motion carried unanimously. EXECUTIVE DIRECTOR REPORT, Strommen A. Selection of Part-time Clerical Position Strommen said that Carol Avant, a resident of Minnetonka, had been selected as the new part-time person to start 12/3/92. Avant was selected from 15 applicants. Motion: Rascop moved, Penn seconded, to approve the recommendation of the executive director to hire Carol Avant for the part-time clerical position. Vote: Motion carried unanimously. 12 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 B. New Staff Progress Strommen advised that the new administrative secretary/ bookkeeper Lisa Bird is completing her first month this week. She has done a fine job of getting oriented. She had the opportunity to work with Joan Mansk for a month. Bird has shown very good progress in her early weeks. She is scheduled to attend a full day seminar on Peachtree Bookkeeping software. After this Strommen expects to get the guidance committee of Board members together to start working on the bookkeeping program as well as the staff time-accounting program. Strommen added that Joan Mansk, former LMCD administrative secretary, appreciated the recognition expressed at the open house 12/1/92 in honor of her retirement. She was presented with a commemorative gift tray from the LMCD as a remembrance of her 18 years of service, as well as gifts from many others. Grathwol commented on a report done by Strommen on the progress of the Management Plan printed in the 11/19/92 Weekly News as a fine piece. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS A. Committee chair appointments Cochran said that it was his intention to submit the names of the present committee chairs to continue in 1993. It was further his intention to separate the chairmanship of the Lake Access committee and the Lake Access Task Force, and propose that at the end of any discussion a secret ballot be held. Hurr commented that the suggestion that Orono is not involved in the Lake Access Task Force process was an oversight. Lake access is a responsibility and obligation of the LMCD and each city that surrounds the lake. The need for public access has been a high priority since the first Task Force in 1983. The perception that all members of the LMCD and all cities are not participating in an open enthusiastic and cooperative venture is disturbing to her as one of the longest serving members of the LMCD Board. She believes that without her strong support the $944,000 LCMR pledge for the Maxwell Bay access would not be available. Last June, when Orono, LMCD, and the DNR appeared before the LCMR Board, she spoke to the members of the LCMR as a Maxwell Bay resident, in support of funding for the proposed public access at Maxwell Bay. Hurr continued that the goals and the future of the LMCD must be considered as paramount. Orono's cooperation is essential. The Orono Planning Commission has tabled the access site review until the Task Force has proceeded further in the process of resolving access issues involving all communities. The perception that anyone is exempt from this, by either 13 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 individuals' comments or cities' actions is very troubling to the City of Orono. Hurr hoped that new Task Force leadership could bring the process back on track. Chairing a diverging cornmittee is not an easy task. The need to achieve the goals should be foremost. She had hoped that this turmoil could be resolved without public forum. The previously mentioned articles in the paper are not complete or totally accurate in anyone's case. Rather than debate what has happened in the past, it is important to look at the goal which is access for the public. Gabriel Jabbour, Orono Council member, said the Lake Access Task Force formation was accelerated because of the property purchased by the DNR on Maxwell Bay. Jabbour said that he has attended every Task Force meeting as well as other related meetings. He has seen a drastic conflict in goals. Grathwol informed Jabbour, in the presence of Foster and Babcock, that there would be no public access in Excelsior, without Excelsior even knowing that there was a piece of land available. Jabbour emphasized that a certain process must be followed in determining which sites might be used for accesses. Jabbour feels that his communications to several Board members have been ignored. He has spent a lot of time on this issue and feels that the Task Force is a "mockery". Markus said that he understands that Grathwol's position as chair of the Task Force is thankless. As a compromise, he recommended the executive director be the chair of the Task Force. Bloom said, in response to Hurr's comments, that he hoped he had not been misunderstood. He raised his point because he believed that there were certain procedures that should have been followed before the news article was printed regarding Orono's threat of lawsuit if the chair was not removed. He does not doubt that Jabbour talked to several Board members. However, the issue of chairmanship and how the goals and objectives should be achieved, which all agree are access and parking, were never raised at the meetings. There are more than 24 members of the Task Force, and no one has raised this issue. There are methods to discuss replacing the chair of a comsnittee. Cochran reviewed the history of how the Task Force was formed. The Board appointed a Lake Access committee 1/22/92 to meet an objective of the Management Plan. The Task Force, which would have been formed subsequently, was pushed ahead more quickly because of the Maxwell Bay site being acquired by the DNR. Kimball said that the DNR has looked on the Task Force as being the LMCD's. By virtue of that, the Task Force is a function of the communities that make up the LMCD. The DNR has never wanted to dictate the process, the chairmanship or how it is run, and it plans to maintain that position. At the same time, the DNR thanks Jabbour, Hurr, and Orono for their 14 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 willingness to cooperate and enter into a constructive dialog. The DNR wants to see constrUCtiVe things that are happening on the Lake continue. For that reason, the DNR is not going to take sides on this issue. Kimball said that is why he is open to the City of Orono's concerns. At the same time the DNR is pleased with the progress that has been coming from the Task Force. The DNR will prepare a report on its position and thoughts on various issues before the Task Force for the next meeting. Carlson said that he thinks the Task Force has made progress in comparison to previous (1983 and 1986) Task Forces. The Board ratified a number of items tonight. There are some dramatic differences in how people think things should be done. That would create problems for anyone. From his experience with Minnetrista, he said the process must be maintained under local control. The Task Force needs the support of all cities. If Orono isn't willing to participate in the process, there is a problem. Also, as is obvious from the articles in the papers, there is a perception problem. If the vote for Task Force chair confirms Grathwol as chair, the Board needs to find a way to get the process back on track. His suggestion is to call a meeting of the Steering Committee of the Task Force, and to include Orono as a member. The Steering Committee should make a recommendation on how the Task Force should proceed. It is important to have everyone participating and do what is best for the Lake cities. Hurr said that the letter from Orono (dated 12/2/92) made no mention of a lawsuit. She feels that the City of Orono has been the lead in the process. There would be no money from the LCMR without help from the Orono. Bloom responded that he has not said that Orono has not been involved in the process, but there are different ways to raise an issue if someone does not like the chair or the way the Task Force is going. Foster said that there were objections to the procedures at the Task Force meetings. He has not always been happy with the process. He thinks that Jabbour has been very active. Yet, he is astounded at the results of the Task Force. There are now standards for reliable car/trailer parking spaces and over 750 potential spaces have been identified. This Task Force has gone farther than any other task force before. In spite of some differences on how things have been done, he gives Grathwol his support. Motion: Rascop moved, Hurr seconded, to approve the committee appointments, except the Lake Access Committee/Lake Access Task Force, to be the same as 1992: Lake Use and Recreation - Foster; Water Structures - Babcock; Environment - Hurr; Save the Lake Funding - S!ocum; Eurasian Water Milfoil Task Force - Penn. Discussion: Cochran said that with Rascop's concurrence he would like to add an Administrative Committee to work on items 15 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 such as staggering Board terms. Hurt suggested the Personnel Policy be reviewed periodically as well. Amendment to Motion: Rascop and Hurr accepted the amendment to the motion to add the Administrative Committee with Carlson as chair. Vote: Motion as amended carried unanimously. Cochran next submitted Grathwol as chair of the Lake Access Committee and the Lake Access Task Force. Bloom commented on the letter from Orono's Mayor Peterson advising LMCD that Orono expects an objective method of determining that the next appointee will not be equally prejudiced and will not have a preconceived conclusion as to the Task Force activities. Bloom asked for comments from anyone from Orono to suggest such a method. Foster asked Jabbour to enlighten the Board on what objective procedure he would recommend. Jabbour suggested that someone else, not on the LMCD Board, could be appointed, such as Gen Olson. Cochran said he feels strongly that the LMCD continues to be the lead in this as called for in the Management Plan and the two previous task forces. He would like to keep the chairmanship within the LMCD Board. Jabbour said he would then like to see a Board member from a city that has met its quota of public access. Babcock said that as chair of the committee, Grathwol does not have that much power. Any decision he makes must be approved by the rest of the Board. Babcock added that Orono, as member of the Task Force has an equal voice. In response to Jabbour's objections to Grathwol looking at Howard's Point as an access site without Task Force approval, Rascop said that particular review was a result of his invitation. Rascop added that Howard's Point is the only possible site in Shorewood. Shorewood does not yet have an access. There were members of the homeowners association and the DNR at the meeting he and Grathwol attended to discuss the possibility of an access at this site. Markus asked if there would be nominations from the floor. Cochran said that the procedure was for the Board chair to present the names of the committee chairs, and the Board approves or disapproves. Ballots were distributed to the Board members to vote on Jim Grathwol as chair of the Lake Access Committee and the Lake Access Task Force. LeFevere and Thibau]t were appointed tally clerks. Vote: LeFevere announced the vote as: 8 yes, 4 no. Cochran said that he is confident that Grathwol will address the concerns of the City of Orono, and will listen to all parties. The Task Force needs to go forward as a body with 16 LMCD BOARD OF DIRECTORS DECEMBER 2, 1992 everyone cooperating. The LMCD Board has a challenge to carry this project to the end. Carlson said that before the Board leaves this issue, it is important to make some suggestions as to how to amend the process. Grathwol has been reconfirmed, but nothing has been done to address the underlying problems. He said the Steering Committee of the Lake Access Task Force should get together to iron out ground rules before the Task Force meeting December 9. Rascop would also like to see Cochran write two letters. One to the City Council and Mayor of Orono expressing why and what was done at the meeting. A similar one should be sent to both newspapers, the Sun Sailor and the Weekly News, explaining to the public what the LMCD is doing. The Board needs to give its report on what its goals are and what it is accomplishing. Carlson added that the constructive action being taken should be included. Carlson recommended the Board clarify who it wants to be involved in the Steering Committee meeting. It was agreed to include a representative from Orono. Motion: Rascop moved, Carlson seconded, to have the Steering Committee of the Lake Access Task Force meet before the December 9 Task Force meeting, to include Gabriel Jabbour, as Orono representative, and Bert Foster, as a new member of the committee, to discuss how to encourage cooperation going forward with the Task Force. Vote: Motion carried unanimously. A meeting date of Tuesday, 12/8/92, 7:00 PM, at LMCD office was set for the Steering Committee. B. Newspaper Designation for 1993 Foster moved, Bloom seconded, to appoint the SUN newspaper for official publications. Motion carried. SAILOR C. 1993 Meeting Calendar Babcock moved, Rascop seconded, to approve the 1993 meeting calendar with the February 11, 1993 Save the Lake Dinner added. Motion carried. ADJOURNMENT Chair Cochran declared the meeting adjourned at 10:50 PM. David Cochran, Chair Douglas Babcock, Secretary 17 JAN 2 5 1993 ' LAKE MINNETONKA CONSERVATION DISTRICT /./1 Action Report: Water Structures Committee Meeting: 7:30 AM Saturday, January 9, 1993 Norwest Bank Bldg., Wayzata, Room 135 Members Present: Douglas Babcock. Chair. Spring Park; James Grathwol, Excelsior; David Cochran. Greenwood; Scott Carlson. Minnetrista; Thomas Reese, Mound; Tom Penn, Tonka Bay; Robert Slocum, Woodland. Also Present: Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. 1. Use of Non-encased Molded Polystyrene Foam as a Dock Flota- tion Device. The committee received a recommendation from the executive director, dated 12/29/92, on the provisions to include in an ordinance governing the use of foam materials for floating docks, and other floating structures. Accompanying the recommendation were proposed changes in the City of Orono ordinance regulating foam use, for adoption by the LMCD. The executive director suggested discussing the time frame for compliance. Perhaps there could be some way of obtaining compliance earlier than two years through the use of some incen- tive. LaVerne Wheeler, Edward Sales, distributor for Dow Chemical, "Styrofoam" products, said he is willing to approach Dow Chemical and the distributor's management with the idea of giving a sales incentive through the use of a discount coupon to the users who would buy and install their "Styrofoam" product before the com- pliance deadline. Cochran noted that the word "styrofoam" should be stricken from the third line of Subd. 3B of the proposed changes to the Orono ordinance. Staff intended that it be removed. Slocum asked Wheeler about the use of "Styrofoam" for moor- ing buoys. Wheeler responded that "Styrofoam" does not easily shape into a form for use as a buoy. Slocum expressed concern that there would not be a suitable replacement product available when mooring buoys have to be replaced in 1994. Reese responded that there are encased buoys available in materials other than "Styrofoam". Wheeler said Dow Chemical makes an extruded dock bumper but he does not believe the material would withstand the use as a mooring buoy. Wheeler asked for a list of potential "Styrofoam" users and offered to prepare an approach to them that would convey the message the LMCD would like to see. Carlson asked for assurance that the proposed ordinance is clear that there is to be no use of expanded bead foam for repair or replacement. It was agreed to re-write Subd. 3 of the pro- posed changes to the Orono ordinance to show: A. the same wording regarding the penalty in the draft presented. B. striking the word "styrofoam" from line 3 of the draft. C. New wording to stress the prohibition of the expanded bead foam for repair or replacement in existing structures. D. A separate section regarding buoys. WATER STRUCTURES COMMITTEE January 9~ 1993 Penn asked about 12/31/94 as a deadline for use of prohibit- ed materials. The executive director mentioned that most of the work on dock replacement would be done during the winter and the date might be changed to 3/31/95. Penn said he thinks the time frame is too long. He would move the date up to May I or June 1, 1994. That allows one full season for removal and replacement. Cochran responded that the offer of an incentive by Dow Chemical makes sense for an acceleration of the time frame but he would prefer staying with the two season proposal. Babcock suggested a 4/15/95 date for compliance. He said there will be a delay in adoption of the new ordinance because of time spent in prepara- tion by the LMCD attorney, approval of the final form by the Board, and publication. Cochran suggested encouraging the discount suggested by Wheeler. The executive director was directed to work with Wheel- er on the proposal. MOTION: Grathwol moved, Slocum seconded, to recommend the Board consider preparation of an ordinance containing the provisions in the draft of changes to the City of Orono ordinance regulating molded expandable polystyrene bead foam use as amended by the committee regarding Subd. 3 and the date for compliance. VOTE: Motion carried unanimously. 2. Subcommittee Report on Facilities Licensed/Not Constructed. The committee received a report from Thibault on the 12/1/92 meeting of the Subcommittee on Facilities Licensed/Not Construct- ed, a list of Special Density Licensees and a proposed ordinance relating to the effect on licenses of failure to construct li- censed docks within a specified time. Babcock recommended a change in the proposed amendment, to delete: "commencing at any time after the effective date of this ordinance" There were no objections to this change of wording. Penn asked for an explanation of the purpose of this ordi- nance. Thibault explained the purpose is to put a time frame for Special Density licensees to construct the multiple docks for which they have been granted a Special Density license. Under the current code, docks not built and amenities not implemented may be grandfathered in, if the Code is amended with stricter density requirements at a later date. As indicated in the report of the subcommittee, it does not support the philosophy of allow- ing applicants who do not build to be exempt from any future code amendments. Babcock explained that RDP Partners/Upper Lake Minnetonka Yacht Club (ULMYC) and the Excelsior Bay Yacht Club, now Excelsi- or Park Tavern, are the two Special Density Licensees affected. The subcommittee feels the facilities should be constructed or the Special Density license be expired. In effect, if construc- tion is not made within the two year time frame recommended, the applicant will have to return to the LMCD and make a new Special Density License application and comply with current code require- ments. Babcock stressed that this applies only to Special Densi- ty Licenses. & I WATER STRUCTURES COMMITTEE January 9, 1993 The mention of RDP Partners/ULMYC raised the question as to whether a change in the ownership of the property constitutes a change in the conditions under which the license was issued (Subd. 6 of LMCD Code Section 2.051. Cochran asked that the status of ownership of the RDP Part- ners/Ul,MYC license be reviewed under Section 2.05 Subd. 6, par- ticularly whether the ULMYC is still part of the project. Babcock recommended adopting the ordinance at this time with an effective date later in 1993. This would give the licensees an opportunity to make their plans. Grathwol suggested an effec- tive date of 11/30/93. MOTION: Grathwol moved, Penn seconded, to recommend approval of An Ordinance Relating to the Effect on Licenses of Failure to Construct Licensed Docks within a Specified Time~ Amending LMCD Section 2.05, as amended, with an effective date of 11/30/93. VOTE: Motion carried unanimously. 3. Draft Ordinance Amending Sec. 1.07, Subd. 3 Length Variance, first reading. The proposed Ordinance provides for a water depth of four feet measured from 929.4 NGVD at the outer end of a dock when considering a length variance. Penn asked if this means a dock can be extended to any length to get the four feet. Babcock stated that this change will measure the water depth from the 929.4' NGVD, providing a more precise figure. The amendment allows a 4 foot depth from the 929.4' NGVD, as opposed to 3' from a fluctuating water level. At the 928.6' runout elevation, which is the usual depth mid- summer, there will only be a .2' difference between the existing and the proposed ordinances. Cochran added that the four foot depth is consistent with the DNR regulations for dock lengths. Carlson said the LMCD has to be sure everyone understands the criteria for a variance. There has to be variance criteria to prevent creating navigation hazards and to provide an under- standing of what comprises a hardship. MOTION: Reese moved, Grathwol seconded, to recommend approval of An Ordinance Amending Lake Minnetonka Conservation District Code of Ordinances Section 1.07, Subdivision 3; Relating to Length Variances for Docks on Lake Minnetonka, as amended and to amend Sect. 2.01, Subd. 2,a) paragraph two, second sentence: change three feet to four feet from the 929.4' NGVD. VOTE: Motion carried, Penn voting nay. 4. Fees for New ~ultiple Dock License Applications The committee received a recommendation from Thibault to change the fees for a new multiple dock license from the present fee of $500 plus $15 per Water Storage Unit (WSU), to $250 plus $250 deposit plus $10/WSU, or whatever the current rate per WSU is for that year. MOTION: Grathwol moved, Slocum seconded, to recommend approval of the suggested new multiple dock license application fees. WATER STRUCTURES COMMITTEE January 9, 1993 DISCUSSION: Babcock said there was discussion at the last meet- ing of a two tier system under which single family residences and homeowner associations would be charged a rate different than the commercial docks. Thibault said the recommendation is based on the experience that there are cases when little attorney time is spent on the application. In those cases the $500 fee is exces- sive. Carlson said he is not willing to go along with any fee reduction. In his judgment there is not enough information to date to determine the actual cost to the District in servicing a multiple dock license. He was willing to support the two tier system. Babcock added that in the past the Fee Subcommittee decided deposits should be eliminated. This proposal would bring them back again. Cochran said a lower fee might encourage neigh- bors to combine docks, which is a benefit to the Lake. Grathwol anticipated the time when the Lake will be so crowded the District is going to have to further limit the number of boats per property. In that case there will be more applica- tions for Multiple Dock Licenses. Cochran added that there is a need for a method of making it easier for the small multiple dock licensee to apply. The executive director said he does not believe there are many unlicensed multiple docks. When Thibault did her boat count she found a few had more boats available for use but not docks. He believes it would be better to leave the fee schedule at $500 until the fee study and cost accounting is concluded. VOTE: Slocum, Reese and Penn voted aye. Grathwol. Carlson and Babcock voted nay. Cochran abstained. Motion failed. 5. Proposed Amendment to Code Sect. 2.01, Subd. 3, Common Use of Adjacent Dock Use Areas (DUA). The committee received a review of its previous recommenda- tion to allow adjacent non-commercial riparian property owners to combine DUAs for a single common dock extending to 100' if the combined shoreline frontage allows that length. At the Board meeting the LMCD Counsel advised that such an expanded DUA could result in more watercraft storage than non-combined sites would be allowed. Babcock said Charles LeFevere. LMCD counsel, recommends 1) limiting the combined DUA to four boats and prohibit application for a Multiple Dock License or, 2) no more boats in the combined area than would be allowed if the lots were not combined. The executive director pointed out there are provisions for a variance application. By allowing the combined use, the Dis- trict is allowing property owners to overcome the variance re- quirements. He demonstrated a problem which could exist if properties were combined on irregular shorelines which would be to the detriment of neighbors. The executive director called attention to the last paragraph of the report which states the staff supports using the variance procedure to meet special riparian needs. J WATER STRUCTURES COMMITTEE January 9, 1993 Babcock said there is no overwhelming demand from the public for a change. There was some thought the current ordinance was too restrictive. Cochran said the District should not prohibit combined docks but allow them only when appropriate and feasible. He can see the need to have some limitation on dock length to prevent conflict with the neighbors' dock use area and lake views. Penn said that while there probably is a need for combining for a better dock structure, the combined docks should not be allowed to go out any further than they could if not combined. Babcock will advise the Board that this item has been dropped from the agenda. 6. Staff Recommendation for Definition of WSU measurement, amending Resolution #76. Thibault submitted a proposed definition and illustrations of how a Watercraft Storage Unit (WSU) is measured. This defini- tion should be added to Resolution #76, which, in part, sets fees for Multiple Dock Licenses. The proposal included sketches of various slip configurations and moorings. Thibault explained the recommendation includes new material on how to determine measurements of three sided slips, two sided slips, tie on slips, moorings, slides and racks. Cochran would recommend the following changes: d. add after "up to," "and including" 3) a) Change "maximum area" to "maximum length". Slocum said he understands item 3)a) means the applicant would not have to pay for the entire length of a pier if there is a restriction on the size of the boat to be stored there. MOTION: Grathwol moved, Cochran seconded, to recommend the addition of the definitions submitted by Thibault, as amended, be added to Resolution #76. VOTE: Motion carried unanimously. 7. Lake Minnetonka Dredging Joint Policy Statement Between MN DNR, MCWD and LMCD The committee received the Lake Minnetonka Dredging Joint Policy Statement, a cover letter dated 11/20/92 from the MN DNR, and a report dated 1/8/93 from the executive director commenting on his discussions with LMCD attorney LeFevere and John Stine, DNR Division of Waters. The executive director said this policy statement has been discussed since the low water years when dredging was in demand. The policy statement is also being considered by the Minnehaha Creek Watershed District (MCWD). The executive director said that Stine and LeFevere recog- nize that the LMCD does not have jurisdiction over dredging. It is agreed this statement should not be in the LMCD Code. This does formalize that the LMCD has an interest in dredging and retains the right to comment without authority on approval. The committee accepted the executive director's recommenda- tion for a change in Paragraph D, sub- paragraph 3), dividing it into two paragraphs covering public channels and deep draft watercraft separately. WATER STRUCTURES COMMITTEE January 9, 1993 Under IV. E. the words "and the LMCD Code of Ordinances" are to be stricken. Reese, commenting on the Enforcement section, said this does not solve the problem of the lack of inspections and enforcemen't. He would like to see a strong statement regarding enforcement. MOTION: Cochran moved, Penn seconded, to recommend approval of the Lake Minnetonka Dredging Joint Policy Statement between the MN DNR, MCWD and the LMCD. A transmittal letter is to be for- warded noting the comments made by the committee. VOTE: Motion carried unanimously. 8. DNR Permit Application from Carlson Real Estate Company to Dredge in Halsted Bay~ Minnetrista Carlson Real Estate Company has made application to MN DNR for a permit to excavate a navigational access channel in the general area where a channel was excavated in 1959/60. The channel proposed is to be dug to 922.6', 6 feet below the 928.6' crest of Gray's Bay Dam, with 3:1 side slopes along 2,200 feet. The executive director submitted a 12/28/92 staff review and points of concern on the dredging permit application. His report indicates the six foot depth is one foot in excess of the DNR existing policy of dredging for multiple-user channels. The 70 foot channel surface width and 34' channel bottom width are in excess of the proposed Lake Minnetonka Dredging Joint Policy Statement. A letter from the City of Minnetrista to the MN DNR indicates the city will await action by the MN DNR and MCWD before taking final action. Cochran said one issue is whether permits should be issued for the re-dredging of an area previously dredged. Penn indicat- ed the LMCD has a responsibility to let the applicant and other agencies know when the LMCD does not agree, particularly when it comes to tearing up a channel dredged many years ago. Carlson reported that the City of Minnetrista prepared an Environmental Assessment Worksheet (EAW). He believes some dredging should be allowed. He offered to submit a copy of the EAW and to have the Minnetrista planner attend the January Board meeting to discuss the City's position. Babcock said he believes if this were an original applica- tion being made today it would be denied. He questioned whether this is maintenance dredging considering the channel has been filled for some time. Carlson commented that the channel width requested is too wide. Grathwol expressed the opinion that dredging is better than placing docks over a wetland. The executive director will request an extension of the 1/14/93 MN DNR comment deadline. Cochran suggested the LMCD also forward information including the LMCD's preliminary comments. Carlson said it would be inappropriate for the LMCD to talk to the developers prior to their appearance before the City Council. He recommended sending a letter to the city regarding the LMCD's concerns about not meeting the proposed MN DNR and MCWD Joint Policy Statement on Dredging. He also believes this is not reme- dial dredging. The letter should include information to the City on the LMCD ordinance regarding the use of outlots for multiple docks. 1, i I WATER STRUCTURES COMMITTEE January 9, 1993 9. ltennepin County Regional Park The committee received a draft development plan showing the docks and boat launching site at the Hennepin County Regional Park. Carlson reported the proposal is slated for a Minnetrista City Council meeting in February with only a few items remaining for discussion. He noted the docks and launching ramp will be open from sunrise to sunset. Cars remaining in the parking lot after sunset will be ticketed and towed. Hennepin County will employ a Harbor Master to control activity at the site. There will be a structure 150' from the Lake for the Harbor Master. The approach from the parking lot to the launch ramp and docks is a steep slope. Hennepin County will operate a shuttle car to get people from the parking lot down to the Lake. This shuttle car will also serve to accommodate the handicapped. The executive director said Doug Bryant, Superintendent of Suburban Hennepin Regional Park District will be the speaker at the 2/11 Save the Lake banquet. The plan was presented for committee information only and no action was required. 10. Review of Expiration, as of 1/22/93, of the Interim Ordi- nance #115 Restricting Licensing, Construction and Maintenance of Certain Commercial and Multiple Docks Requiring Special Density Licenses Thibault said LeFevere has commented that moratorium date of expiration should not be extended too many times. Grathwol observed that the original purpose of the moratori- um was to give the LMCD time to review multiple dock licensing ordinances. He said progress has been made. In January, 1992 the moratorium was extended only to Special Density Licenses. Cochran added, that at the of adoption of the original ordinance, there were fears about multiple dock abuses. His query to the committee is whether anything has been done to control the prob- lems that existed at the beginning. He asked what problems will develop if the moratorium is let to expire. Grathwol said some guidelines have been developed on what is to be done as boat density increases on the Lake. The Management Plan has been completed. An aerial boat count survey was done. He feels there is still a need for more accura,te numbers and information in a usable form. He said the real problem is how the LMCD is going to start to control the over use of the Lake. He sees up-coming problems with off lake storage. Babcock added that the Special Density License amenities study has been completed. He does not believe there is a need to continue the moratorium despite some grey areas, short of a re- codification of the ordinances. The executive director said the Lake Use study will give current answers to Lake use density. The study may help deter- mine if lake use density is from lakeshore owners or from public accesses. WATER STRUCTURES COMMITTEE January 9, 1993 Babcock said action is not required because the moratorium will expire automatically unless there is action to extend it. It was decided the committee would take no action and let the moratorium lapse. Penn was excused. 11. Shoreline Lighting Reese reported that a year ago he brought up the subject of intense lights on the shoreline which affect night time naviga- tion as well as spoiling the pleasures of boating at night. He said the City of Mound checked into lighting. The City found that Northern States Power promotes the sale of fixtures which do not meet the conditions of the LMCD code relating to a beam of light being hazardous to navigation. However, there is a fix- ture which will meet the requirements of giving security light without being obtrusive. Cochran suggested bringing this up at a Mayor's meeting. Reese said he will bring a lighting technician to the next com- mittee meeting. Reese and Slocum were excused. 12. Lake Access Committee Carlson asked for a report on the Lake Access Task Force model agreement. Grathwol suggested a meeting of the Lake Access Committee before the next Lake Access Task Force meeting scheduled for 1/13. The committee members felt there was not enough time to schedule a Lake Access Committee meeting. It was also the sense of the members that the Lake Access Committee has received ade- quate information through memos and minutes. There was no ac- tion. 12. Adjournment Babcock declared the meeting adjourned at 11 AM. FOR THE COMMITTEE: Eugene Strommen. Executive Director Douglas Babcock, Chair