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1994-10-11 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, OCTOBER 11, 1994, 7:30 P.M. CITY COUNCIL CHAMBERS e PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE SEPTEMBER 27, 1994, REGULAR MEETING. PG. 3910-3917 PUBLIC HEARING: TO CONSIDER MODIFICATIONS TO THE ZONiNG ORDINANCE, SECTION 350:645, RELATING TO THE RECENT CHANGES IN THE SHORELAND MANAGEMENT ORDINANCE. PG. 3918-3924 CASE g94- : APPROVAL OF FINAL PLAT FOR PELICAN POINT, BOYER DEVELOPMENT CORP. PG. 3925-3937 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN THE AMOUNT OF $11,633.00. PG. 3938 RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES. PG. 3939 PAYMENT OF BILLS. PG. 3940-3949 INFORMATION/MISCELLANEOUS. Department Head Monthly Reports for September 1994. PG. 3950-3975 L.M.C.D. Representative' s Monthly Report for September 1994. C. LMCD mailings. PG. 3976-3999 3908 LMCD - Ordinance Relating to Shoreline Requirements and Calculations of Boat Storage Density on Lake Minnetonka. Final Report of the 1992 Lake Minnetonka Lake Access Task Force - LMCD. REMINDER: Committee of the Whole Meeting, Tuesday, October 18, 1994, 7:30 P.M. PG. 4000-4001 PG. 4002-4039 3909 CITY OF MOUND CERTIFICATE OF RECOGNITION FOR BRIAN CATHERS WHEREAS, congratulations and recognition are in order for eleven year old Brian Cathers for his quick thinking and assistance given to Anthony Locken on October 4, 1994; and WHEREAS, a catastrophe was avoided because of the quick and calm response given to seven year old Anthony Locken who had fallen from a tree and become impaled four feet off of the ground on a post; and WHEREAS, this skillfull action in averting what could have been a tragic loss to family, friends, and the community was a humanitarian act deserving special recognition by the governing body of this City. NOW, THEREFORE, BE IT RESOLVED that the sincere appreciation of the City Council of the City of Mound, Minnesota, and all citizens at large of this community, are hereby extended to Brian Cathers for his actions. Adopted unanimously on the 1 lth day of October, 1994. Mayor Skip Johnson Councilmember Andrea Ahrens Councilmember Liz Jensen Councilmember Phyllis Jessen Councilmember Ken Smith MINUTES - MOUND CITY COUNCIL - SEPTEMBER 27, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 27, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Phyllis Jessen and Ken Smith. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, and the following interested citizens: Meyer (Mike) Gold, Dick Gibson, Elaine & Ron Gavin, Darlene L. Murphy, Mark Earhart, Howard & Louise Hagedorn, Ton Holmstrorn, Denise Hanson, Richard Indritz, Steve Swenson, and John Austin. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Smith, seconded by Jensen to approve the Minutes of the September 14, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 PUBLIC HEARING: TO CONSIDER THE VACATION OF A PORTION OF ^ OF THE ADJACENT CUL-DE-SAC KNOWN AS BAYWOOD SHORES DRIVE CASE//94-68: MEYER (MIKE) GOLD, 5395 BAYWOOD SHORES DRIVE, LOT£ 15 & 16, BLOCK 6, REPLAT OF HARRISON SHORES The Building Official explained that the applicant is requesting a 10 foot section all the way around the cul-de-sac be vacated. The section is not being used as street. Minnegasco has asked that we retain the utility easement. The Planning Commission and the Staff recommended approval. The City Attorney stated that he has rewritten a portion of the proposed resolution. The conditions under the Now, Therefore, Be it Resolved should read as follows: The City does hereby approve the request to vacate a portion of the street easement for the cul-de-sac on Baywood Shores Drive, legally described as follows: That part of the 60 foot radius circle for Smaber Blvd. aka. Baywood Shores Drive) as shown and dedicated in the plat of Replat of Harrison Shores which lies outside the circumference of a 50 foot radius circle having the same center as said 60 foot circle, except that portion of said circle lying easterly of the easterly line of the 50 foot radius circle, and lying between the westerly extensions of the 50 foot right-of-way for Smaber Blvd. (aka. Baywood Shores Drive), subject to the City of Mound retaining a drainage and utility easement over the portion of the street herein vacated. e A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings. It is the responsibility of the owner to record this certified resolution in the office of the County Recorder and/or the Registrar of Titles, as set forth in M.S.A. 412.851. The City Attorney also suggested that the legal read what the plat reads, Smaber Blvd, (aka. Baywood Shores Drive). The Council agreed with the City Attorney's suggestions on the proposed resolution. The Mayor opened the public hearing. No one responded. The Mayor closed the public hearing. Jensen moved and Ahrens seconded the following resolution: RESOLUTION//94-127 RESOLUTION TO APPROVE THE VACATION OF A PORTION OF A CUL-DE-SAC KNOWN AS SMABER BLVD. (AKA. BAYWOOD SHORES DRIVE), REPLAT OF HARRISON SHORES, BLOCK 6, LOTS 15 & 16 AND BLOCK 5, LOTS 1 THROUGH 7 The vote was unanimously in favor. Motion carried. 1.2 CASE //94-63: RON GAVIN, 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, PID #13-117-24 11 0069, VARIANCE FOR PORCH AND DECK. The Building Official explained the request. He noted the item #1. in the proposed resolution should read as follows: "The City does hereby grant a variance to recognize the nonconforming front yard setback of 7.1 feet from Heron Lane resulting in a variance of 2.9 feet, to allow construction of a porch and a deck, subject to the following conditions." The Planning Commission recommended approval. Smith moved and Jensen seconded the following resolution: 37// RESOLUTION//94-128 RESOLUTION TO APPROVE A SETBACK VARIANCE TO HERON LANE TO CONSTRUCTION A PORCH AND DECK AT 5000 ENCHANTED ROAD, LOT 1, BLOCK 21, SHADYWOOD POINT, PID//13- 11%24 11 0069, P & Z CASE//94-63 The vote was unanimously in favor. Motion carried. 1.3 CASE //94-64: MARK EARItART (CONTRACTOR), 4913 THREE POINTS BLVD., LOT 4, BLOCK 4, SHADYWOOD POINT, PID //13-117-24 11 0009, VARIANCE FOR ADDITION. The Building Official explained the request. The Planning Commission recommended approval. The Council questioned the amount of hard cover on this property. The Building Official explained that removal of a portion of the driveway would not have a significant impact on the existing situation that is very effective in managing and filtering the storm water on this site. The City Attorney suggested the/gl, of the conditions in the resolution be modified to read as follows: "The City does hereby grant a variance recognizing the existing nonconforming lakeside setback of 43 feet, the nonconforming side yard setback of 5 feet, and the nonconforming impervious surface coverage of 47% or 2,892 square feet, to allow construction of a room addition and a porch. The Council further finds that the existing drainage system is designed to channel storm water from the hard cover areas through a small holding pond abutting 3 Points Blvd. This holding pond removes fines and other pollutants before the water runs over a grassy swale to the lake. This variance is being granted with the express understanding that the holding pond and the swale will be maintained and continued in its present configuration." All other conditions remain the same. The Council agreed. Ahrens moved and Jensen seconded the following resolution: RESOLUTION//94-129 RESOLUTION TO APPROVE A VARIANCE FOR AN ADDITION AT 4913 THREE POINTS BLVD., LOT 4, BLOCK 4, SHADYWOOD POINT, PID//13-117-24 11 0009, P & Z CASE//94-64 The vote was unanimously in favor. Motion carried. 1.4 CASE//94-65: JOHN AUSTIN (CONTRACTOR), 2700 WESTEDGE BLVD., LOT 1, BLOCK 2, BATDORF'S FIRST ADDITION, PID //23-117-24 24 0029, VARIANCE FOR ADDITION. The Building Official explained the request. The Planning Commission recommended approval. Jensen moved and Jessen seconded the following resolution: RESOLUTION//94-130 RESOLUTION TO APPROVE A VARIANCE FOR AN ADDITION AT 2700 WESTEDGE BLVD., LOT 1, BLOCK 2, BATDORF'S FIRST ADDITION, PID//23- 117-24 24 0029, P & Z CASE//94-65 The vote was unanimously in favor. Motion carried. 1.5 CASE//94-66: RICK HANSON, 2710 WESTEDGE BLVD., PART OF GOV'T. LOT 3, SECTION 23, PID #23-117-24 24 0008, VARIANCE FOR DETACHED GARAGE. The Building Official explained the request. The Planning Commission recommended approval. The Council did not waive the fee for the variance. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-131 RESOLUTION TO APPROVE A LOT AREA VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 2710 WESTEDGE BLVD., PART OF GOVERNMENT LOT 3, SECTION 23, PID //23-117-24 24 0008, P & Z CASE//94-66 The vote was unanimously in favor. Motion carried. 1.6 CASE //94-67: TONY HOLMSTROM (CONTRACTOR), 3128 PRIEST LANE, LOT 3, BLOCK 2, HIGHLAND SHORES, PID//23-117-24 34 0077, VARIANCE FOR DECK. The Building Official explained the request. The Planning Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-132 RESOLUTION TO APPROVE A VARIANCE FOR A DECK AT 3128 PRIEST LANE, LOT 3, BLOCK 2, HIGHLAND SHORES, PID//23-117-24 34 0077, P & Z CASE g94-67 4 The vote was unanimously in favor. Motion carried. 1.7 CASE g94-69: WAGNER SPRAY TECH CORP., 5306 SHORELINE DRIVE IBALBOA BUSINESS CENTER), PID//13-1124 34 0096, OPERATIONS PERMIT. The Building Official explained that this will be a warehouse area of approximately 20,000 square feet. The Operations Permit would be valid for up to 32,000 square feet. This use is in conformance with all applicable building, health and fire codes. Jessen moved and Jensen seconded the following resolution: RE~OLUTION//94-133 RESOLUTION TO APPROVE AN OPERATIONS PERMIT FOR WAGNER SPRAY TECH CORPORATION, 5306 SHORELINE DRIVE (BALBOA BUILDING) The vote was unanimously in favor. Motion carried. 1.8 PUBLIC LANDS PERMIT FOR LAND ALTERATIONS (RIPRAP): STEPFIEN SWENSON, 4865 ISLAND VIEW DRIVE, LOTS 7 & 8, BLOCK 14, DEVON~ DOCK SITE//43575, DEVON COMMONS. The Building Official explained the request. The Park & Open Space Commission recommended approval. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-134 RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR LAND ALTERATIONS (RIPRAP) ON DEVON COMMONS, DOCK SITE //43575, 4865 ISLAND VIEW DRIVE, LOTS 7 & 8, BLOCK 14, DEVON The vote was unanimously in favor. Motion carried. 1.9 PUBLIC LAND PERMIT TO ALLOW TRIMMING OF VEGETATION ON WIOTA COMMONS ABUI'TING 1748 AVOCET LANE, LOTS 15 & 16, BLOCI~ 9, DREAMWOOD, DOCK SITE//13690 - HOWARD HAGEDORN. The Building Official explained the request. The Park & Open Space Commission recommended approval. Ahrens moved and Jessen seconded the following resolution: 5 RESOLUTION//94-135 RESOLUTION TO APPROVE A SPECIAL PERMIT TO ALLOW TRIMMING OF VEGETATION ON WIOTA COMMONS ABUTTING 1748 AVOCET LANE, LOTS 15 & 16, BLOCK 9, DREAMWOOD, DOCK SITE #13690 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.10 SET PUBLIC HEARINGS ON SPECIAL ASSESSMENTS MOTION made by Ahrens, seconded by Jensen to set the following public hearings on special assessments for October 25, 1994: CBD (Central Business District), delinquent utility bills, and unpaid mowing charges. The vote was unanimously in favor. Motion carried. 1.11 PUBLIC DANCE PERMIT - BENEFIT DANCE FOR STEVE KOKALES (LYNETTE BOSMA) - AT VFW, OCTOBER 15, 1994, 8:00-12:30. (APPLICANT ASKED THAT FEE BE WAIVED) This item was removed from the Agenda at the applicant's request. 1.12 REQUEST FROM RICE LAKE CONTRACTING TO EXTEND COMPLETION DATE FOR THE 1994 LIFT STATION IMPROVEMENT TO NOVEMBER 18, 1994. The City Manager explained that the reason for the extension request is that the pumps just arrived on site. The City Engineer recommended approval. The Council asked the City Manager to make sure this extension does not add additional cost to the project. MOTION made by Smith, seconded by Jensen to approve the request of Rice Lake Contracting to extend the completion date for the 1994 Lift Station Improvement Project to November 18, 1994. The vote was unanimously in favor. Motion carried. 1.13 PAYMENT REQUEST #3, 1994 LIFT STATION IMPROVEMENT, RICE LAKE CONTRACTING - $104,051.60. The City Manager stated that the City Engineer has recommended approval of the payment request. 6 1.14 MOTION made by Jessen, seconded by Jensen to approve Payment Request//3, 1994 Lift Station Improvement Project, by Rice Lake Contracting in the amount of $104,051.60. The vote was unanimously in favor. Motion carried. .PAYMENT OF BILL~ MOTION made by Jensen, seconded by Smith to authorize the payment of bills as presented on the pre-list in the amount of $103,303.23, when funds are available. A roll call vote was unanimously in favor. Motion carried. _.ADD-ON ITEMS 1.15 .SET BID OPENING MOTION made by Jensen, seconded by Ahrens to set October 17, 1994, for the bid opening of the bids for snow removal from the Central Business District and authorizing the advertisement for bids. The vote was unanimously in favor. Motion carried. 1.16 RESCHEDULE NOVEMBER COUNCIL MEETING 1.17 MOTION made by Ahrens, seconded by Johnson to reschedule the 1st Council Meeting in November to November 9, 1994, due to the Election being held on November 8, 1994. The vote was unanimously in favor. Motion carried. .SET PUBLIC HEARING MOTION made by Ahrens, seconded by Smith to set November 9, 1994, for a public hearing to consider the issuance of a Conditional Use Permit to allow a Class IV restaurant - nonintoxicating liquor service for Happy Garden at 2212 Commerce Blvd. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: Ao B. C. D. August 1994 Financial Report as prepared by Gino Businaro, Finance Director. Park & Open Space Commission Minutes of September 8, 1994. Planning Commission Minutes of September 12, 1994. Minnehaha Creek Watershed District Information Items. 7 MOTION made by Jessen, seconded by Jensen to adjourn at 8:50 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk 8 ! ORDINANCE NO. 71-1994 AN ORDINANCE AMENDING SECTION 350:645, SUBD. 1, RELATING TO CONSISTENCY WITH THE SHORELAND PROVISIONS IN SECTION 350:122~ SUBD. 6(b) 1 The City of Mound Does Ordain: Section 350:645, Subd. 1 is amended to read as follows: Subd. 1. C]~l_C_q.Y~t~. Impervious surface coverage of lots in residential zones shall not exceed 30 percent of the lot area. On existing lots of record, impervious coverage may be permitted to up to a maximum of 40 percent consistent with the provisions identified in Section 350:1225, Subd. 6 (B) 1. A'I'TEST: Mayor City Clerk Adopted by the City Council October 11, 1994 Publish in The Laker Newspaper - October 17, 1994 Hoisington Koegler Group Inc. MEMORANDUM TO: Mound City Council, Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: September 20, 1994 SUBJECT: Zoning Ordinance Modification The City Council recently adopted Ordinance No. 69-1994 which implemented minor changes to the Shoreland Management Ordinance. One of the provisions contained in 69-1994 was a change in impervious cover. Impervious cover restrictions are also found in Section 350:645 of the Mound Zoning Code. This provision also needs to be modified for consistency with the Shoreland Provision which is contained in Section 350:1225, Subd. 6 (B) 1. In order for these ordinance sections to be consistent, the following is recommended: Omit the current language in Section 350:645, Subd. 1. which reads: Subd. 1. Lot Coverage. Impervious surface coverage of lots shall not exceed 30 percent of the lot area. Open patterned decks and stairways shall be counted as 50 percent impervious cover providing that they are installed over a permeable surface. Those constructed over an impermeable surface or are impermeable themselves shall be counted as 100 percent impervious cover. Substitute the following language in Section 350:645, Subd. 1. which reads: Subd. 1. Lot Coverage, Impervious surface coverage of lots in residential zones shall not exceed 30 percent of the lot area. On existing lots of record, impervious coverage may be permitted to up to a maximum of 40 percent consistent with the provisions identified in Section 350:1225, Subd. 6 (B) 1. Note: Ordinance 69-1994 modified the definition of Impervious Cover. Therefore, it is not necessary to specifically address decks in the replacement Lot Coverage language identified above. Land Use / Environmental ' Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 83%9960 · Fax: (612) 835-3160 PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA NOTICE OF A PUBLIC HEARING TO CONSIDER MODIFICATIONS TO THE ZONING ORDINANCE, SECTION 350:645, RELATING TO RECENT CHANGES IN THE SHORELAND MANAGEMENT ORDINANCE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will hold a public hearing on Tuesday, October 11, 1994 in the Council Chambers, 5341 Uaywood Road, at 7:30 p.m. to consider modifications to the Zoning Ordinance, City Code Section 350:645. The proposed modifications are due to recent changes approved in the Shoreland Management Ordinance relating to hardcover restrictions to increase the amount of allowable impervious surface on residential lots. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard. Francene C. Clark, City Clerk (To be published in "The Laker" September 26, 1994) **~:.MOUND CITY 'CODE SECTION 350:645 Section 350:$45. General Requirements AnDlioable to AI~ Res~e~- rial Districts. Subd. 1. Lot Coverage. Impervious surface coverage of lots shall not exceed 30 percent of the lot area. Open patterned decks and stairways shall be counted as 50 percent impervious cover providing that they are installed over a permeable surface. Those constructed over an impermeable surface or are impermeable themselves shall be counted as 100 percent impervious cover. sub4. 2. Permitted Accessory Use~. Within any Residential District, Accessory buildings shall be permitted subject to the following restrictiDns: A® Each individual accessory building shall not exceed 1,200 square feet of gross floor area. Accessory buildings shall not exceed a total gross floor area of 3,000 square feet or 15% of the total lot area whichever is less. Ce The total number of accessory buildings for lots measuring 10,000 square feet or less shall be two (2). On lots exceeding 10,000 square feet, accessory buildings shall be limited to a total of three (3). S%~bd. 3. Swimming Pools and Hot Tubs. Within any Residential District, swimming pools and 'hot tubs shall be permitted subject to the following restrictions: Ae Swimming Pools. Swimming pools having a water depth of two (2) feet or more which are operated for the enjoyment and convenience of the residents of the principal use and their guests are permitted provided that the following conditions are met: Swimming pools shall be subject to the following setbacks: Side yard ............ 10 feet Corner lots, from side street . . 15 feet Rear Yard ............ 15 feet Lakeshore, from O.H.W ...... 50 feet From any structure on same lot . 10 feet From principal building on an adjoining lot ....... 20 feet 64 3/15/93 ORDINANCE NO. 69-1994 AN ORDINANCE AMENDING PORTIONS OF SECTION 350:310; SECTION 350:1220; AND SECTION 350:1225 OF THE MOUND CITY CODE RELATING TO SHORELAND MANAGEMENT The City of Mound Does Ordain: Section 350:310, Definitions of the Mound City Code of Ordinances are amended to read as follows: Subd. 65. Impervious Cover. Any surface impervious or resistant to the free flow of water or surface moisture. Impervious cover shall include but not be limited to ail driveways and parking areas whether paved or not, tennis courts, sidewalks, patios, and swimming pools. Open decks (1/4" minimum opening between boards) shall not be counted in impervious cover calculations. Subd. 96. Ordinary_ High Water Level (OHWL). A level delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water level is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. In areas where the ordinary high water level is not evident, setbacks shall be measured from the stream bank of the following water bodies that have permanent flow or open water: the main channel, adjoining side channels, backwaters and sloughs. The ordinary high water level for the lakes located in the City of Mound are as follows: Lake Minnetonka = 929.4, Langdon Lake = 932.1, and Dutch Lake = 939.2. Subd. 106. Public Water..._.._._~s. Subdivision 15, as amended. considered public waters. Waters defined in Minnesota Statutes, Section 103G.005, Lakes, ponds or towage of less than 10 acres shall not be Subd. 147. Wetland. Land which is annually subjected to periodic or continual inundation by water and commonly referred to as a bog, swamp, or marsh. The delineation of wetlands shall be in compliance with the United States Fish and Wildlife Service, Circular 39. Section 350:310 of the Mound City Code of Ordinances is amended by adding Subd. l18B, which shall read as follows: Subd. l18B. Semi-Public Use. The principal use of land or buildings involving the assembly or congregation of the general public in facilities that are owned either privately or by institutions. Such uses include churches, fraternal organizations, museums, etc. Section 350:1220, Subd. 2 of the Mound City Code of Ordinances is amended to read as follows: Subd. 2. T~nd Use DistriCt Descriptions. Within the shoreland area, land use descriptions and allowable land uses therein shall be as identified in Sections 350:640 and 350:670. Public, semi-public, commercial and industrial uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal OHWL setback or be substantially screened from view from the water by vegetation or topography, assuming summer leaf-on conditions. Section 350:1225, Subd. 3 (A) 2. of the Mound City Code of Ordinances is amended as follows: 2. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: ~etback From Setback Unplatted Cemetery .......................... 50 feet Right-of-way line on federal, state or county highway, or local street ................................ 20 feet Top of Bluff: Existing lots of record or lots created through Minor Subdivisions (3 lots or less) consistent with Section 330:20, Subd. 1 of the City Code ................... 10 feet Major Subdivisions consistent with Section 330:20, Subd. 2 of the City Code ......... 30 feet Section 350:1225, Subd. 6 (B) 1 is amended to read as follows: Impervious surface coverage of lots in residential zones shall not exceed 30 percent of the lot area. On existing lots of record, impervious coverage may be permitted by a maximum of 40 percent providing that the following techniques are utilized as applicable. Impervious areas should be drained to vegetated areas or grass filter strips through the use of crowns on driveways, direction downspouts on gutters collecting water from roof areas, etc. 3q a,.3 Dividing or separating impervious areas into smaller areas through the use of grass or vegetated filter strips such as the use of paving blocks separated by grass or sand allowing infiltration. Use grading and construction techniques which encourage rapid infiltration such as the installation of sand or gravel "sump" areas to collect and percolate stormwater. Install berms to temporarily detain stormwater thereby increasing soil absorption. SS/SKIP JOHNSON Mayor ATTEST: City Clerk Adopted by the City Council August 23, 1994 Published in the Official Newspaper, The Laker, August 29, 1994 RESOLUTION #94-m A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND GRANTING FINAL PLAT APPROVAL FOR PELICAN POINT MULTI-FAMILY RESIDENTIAL DEVELOPMENT WHEREAS, the final plat of Pelican Point has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 330.00 and under Chapter 462 of the Minnesota State Statues and all proceedings have been duly conducted thereunder, and WHEREAS, the City Council, on May 23, 1994 and June 14, 1994, held a public hearing pursuant to Section 330.00 of the Mound City Code of Ordinances, to consider the approval of the preliminary plat of Pelican Point Subdivision located on property described as: A tract of land comprising Lots 35, 36, 37 and 38, "Phelps Island Park, First Division"; those parts of the abandoned street and alley in "Phelps Island Park, First Division" designated on said plat as Private Street and Private Alley; and a part of Government Lot 5, Section 19, Township 117, Range 23; all described as follows: Beginning at the intersection of the Westerly line of said Private Alley with the Northwesterly extension of the Southwesterly line of Lot 38, "Phelps Island Park, First Division"; thence Northwesterly along the extension of said Southwesterly line 200.00 feet; thence Northeasterly 200.00 feet, more or less, to a point on the Northwesterly extension of the Northeasterly line of Lot 35, "Phelps Island Park, First Division", distant 266.80 feet Southeasterly from the intersection of the Northwesterly extension of said Northeasterly line with the Southeasterly line of Tuxedo Boulevard dedicated in the plat of Avalon as Tuxedo Road; thence Northwesterly along said extension 266.80 feet to the Southeasterly line of said Tuxedo Boulevard; thence Northeasterly along the Southeasterly line of said Tuxedo Boulevard to its intersection with a line which is parallel with and 20.00 feet Northeasterly from the Northwesterly extension of the Northeasterly line of said Lot 35, thence Southeasterly along said parallel line 286.80 feet; thence Southwesterly, parallel with the Westerly line of said Private Alley, 20.00 feet to the Northwesterly extension of the Northeasterly line of said Lot 35; thence Southeasterly along said extension and along the Northeasterly line of said Lot 35 and its Southeasterly extension to the shore line of Lake Minnetonka; thence Southwesterly along said shore line to its intersection with the Southeasterly extension of the Southwesterly line of said Lot 38; thence Northwesterly along said extension and along the Southwesterly line of said Lot 38 and its Northwesterly extension to the point of beginning. A tract of land comprising Lots 19 through 34 inclusive, "Phelps Island Park, First Division"; those parts of abandoned alleys and streets, "Phelps Island Park, First Division:, designated on said plat as Private Alley and Private Streets; and a part of Government Lot 5, Section 19, Township 117, Range 23; all described as follows: Beginning at the most Westerly comer of Lot 34, "Phelps Island Park, First Division"; thence Southeasterly along the Southwesterly line of said Lot 34 and its extension to the shore line of Lake Minnetonka; thence Northeasterly along said shore line to the Westerly line of Lot 73, "Phelps Island Park, First Division"; thence Northerly and Northeasterly along the Westerly and Northwesterly lines of said Lot 73 to the shore line of Lake Minnetonka; thence Northwesterly and Northerly along said shore line to its intersection with the Southeasterly extension of the center line of the Private Street adjoining the Northeasterly line of Lot 19 "Phelps Island Park, First Division"; thence Northwesterly along said extension and along said center line and its Northwesterly extension to the Westerly line of said Private Alley; thence Southwesterly along said Westerly line to its intersection with the Northwesterly extension of the Northeasterly line of said Lot 19; thence Northwesterly along said extension to the Southeasterly line of Tuxedo Boulevard dedicated in the plat of Avalon as Tuxedo Road; thence Southwesterly along the Southeasterly line of said Tuxedo Boulevard to its intersection with a line which is parallel with and 20.00 feet Northeasterly from the Northwesterly extension of the Southwesterly line of said Lot 34; thence Southeasterly along said parallel line 286.80 feet; thence Southwesterly, parallel with the Westerly line of said Private Alley, 20.00 feet to the Northwesterly extension of the Southwesterly line of said Lot 34; thence Southeasterly along said extension to the point of beginning. Lot 73, "Phelps Island Park, First Division." Subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below the natural ordinary high watermark thereof; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to navigable public body of water incident to the ownership thereof. WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Final Plat approval is hereby granted for Pelican Point Multi-family Residential Subdivision as requested by Boyer Building Corporation subject to compliance with all of the conditions found in the City Engineer's report dated August 18, 1994 set forth and incorporated herein as part of the document, all of the conditions of preliminary plat approval (Resolutions 94-78) set forth and incorporated herein as part of the document, the following additional conditions and any conditions added to this list as a result of findings of the EAW: The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. 2. Perm/ts for docks shall be obtained from the DNR and LMCD as applicable. Park dedication fees shall be collected in the amount of $124,000 prior to filing of the final plat. o o o o No construction activity shall occur on the site and the final plat shall not be filed until a new stormwater management permit is issued by the Minnehaha Creek Watershed District and any wetland mitigation requirements on the property have been determined. Construction documents showing additional requirements placed on the project in this regard shall also be reviewed and approved by the City Engineer prior to the final plat being filed or construction activity beginning. The Developer shall provide the City Attorney all necessary information to conduct a title search and make a clear title opinion prior to filing of the final plat. No structures shall be built or placed upon the island (Outlot C) without specific modification of the Conditional Use Permit. Prior to the City releasing the final plat, the Developer shall sign a development contract furnished by the City. The development contract shall stipuate that construction of all items covered by said contract shall be completed within a specified period of time of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of 125% of public improvements or $380,000. o The Declaration of Covenants shall be amended to include a description of bluff area limitations as stated in the Mound shoreland management ordinance. The Covenants shall also include a map showing designated bluff areas. o Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the Fire Chief and Building Official. 10. Revegetation of the storm drainage ditch at the north end of the site shall be accomplished using primarily native species conducive to growth in this location. Instructions to this effect shall be included in the construction documents submitted to~t City Engineer. 11. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Construction documents submitted to the City Engineer shall reflect said BMPs. 12. The Developer shall submit to the City Engineer, along with construction documents a tree protection plan prepared by an urban forester or arborist. In addition, an urban forester or arborist shall supervise construction to insure the proper protection of vegetation. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of Ordinances. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound City Council FROM: Bruce Chamberlain, City Planning Consultant DATE: October 5, 1994 SUBJECT: Final Plat Approval for Pelican Point Multi-Family Residential Development. APPLICANT: Boyer Building Corporation CASE NUMBER: 94-28 HKG FILE NUMBER: 94-5g LOCATION: 2820 Tuxedo Boulevard (Pelican Point) EXISTING ZONING: Single Family Residential (R-I) COMPREHENSIVE PLAN: Residential OTHER RELATED REPORTS: City Engineer's report prepared under separate cover. PROPOSED DEVELOPMENT PLAN: Pelican Point Multi-Family Residential Development is a proposed 40 unit twinhome development on the 13.7 acre site known as Pelican Point. Pelican Point lies on the shore of Lake Minnetonka and includes an island a short distance from shore but unattached to the mainland. The development will make a street connection to Tuxedo Blvd. in a single location. A loop street known as Pelican Point Circle and cul de sac known as Pelican Point Court will serve the interior of the development and will be dedicated to the City. The development will include a trail system leading to a water oriented accessory structure on the beach of the site. Also proposed at the beach is a 40 slip marina with a single pier connecting to the mainland. COMMENTS: Several issues regarding development of Pelican Point will be addressed as part of the final plat approval. In addition to the items listed below, the City Engineer has prepared a report under separate cover that addresses other items. mo Environmental Assessment Worksheet - Acting as the Responsible Governmental Unit (RGU), the City of Mound prepared and approved an EAW and submitted it to the Land Use/Environmental . Planning /Design 7300 Metro Boulevard / Suite 525 ' Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Pelican Point Planning Report October 5, 1994 Page 2 MN Environmental Quality Board for distribution and comment on July 18, 1994. The City Council reviewed comments and passed Resolution ~/94-126 on September 14, 1994 stating that an ElS is not warranted and no further study is required to make a determination. Staff recommendations include conditions 10-12 based on public comments to the EAW. Park Dedication In accordance with the Mound Subdivision Ordinance the Mound Park and Open Space Commission recommended at their June 9, 1994 meeting to accept a cash dedication in lieu of land in the amount of $124,000 due prior to filing of the final plat. Co Preliminary Plat Approval Preliminary plat approval was granted with thirty conditions by the City Council on June 28, 1994 (Resolution 94-78). Preliminary plat approval includes a conditional use permit to designate the site as a Planned Development Area (PDA) with variances. Use of the island in Outlot C The Developer indicated at the May 23 Mound Planning Commission meeting that the island will remain natural and as a result the preliminary plat was approved under that premise. Section 9.5 of the Declaration of Covenants submitted by the Developer states that "... the Association shall have the right to improve the island which is part of Outlot C for picnic purposes for the benefit of the Members and to trim and remove such vegetation as may be desirable in connection with access to and maintenance of such picnic facilities and areas." If the City Council finds picnicking to be a low impact use without significant departure from the preliminary plat, it can allow the change as part of the final plat approval by simply approving the covenant as it is stated. If the City wishes to go to greater lengths to preserve the island in its natural state, the City Council could include one or both examples stated below as conditions of final plat approval. The Developer shall modify Section 9.5 of the Declaration of Covenants to eliminate the provision allowing island improvements to accommodate picnicking. The Developer shall prepare and submit to the City Attorney a conservation easement which establishes the island in Outlot C as permanently protected from any alteration or improvement. Eo Protection of bluff areas in Outlot C Bluff areas are protected from disturbances such as grading, clear-cut tree removal, construction, etc. by the Mound shoreland management ordinance. To insure that homeowners in the Pelican Point development are aware of these restrictions, language should be included in the Declaration of Covenants along with a site map indicating restrictions and locations of bluff areas on the site. If the City Council wishes to further restrict use within the bluff areas, a condition could be added to the approval of the final plat such as the one stated below. October 11, 1994 RESOLUTION NO. 94-136 RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PELICAN POINT MULTI-FAMILY RESIDENTIAL DEVELOPMENT UNDER PLANNED DEVELOPMENT AREA (PDA) REQUIREMENTS WHEREAS, the final plat of Pelican Point has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 330:00 and under Chapter 462 of the Minnesota State Statutes and all proceedings have been duly conducted thereunder; and WHEREAS, the City Council, on May 23, 1994 and June 14, 1994, held a public hearing pursuant to Section 330:00 of the Mound City Code of Ordinances, to consider the approval of the preliminary plat of Pelican Point Subdivision located on property described as: A tract of land comprising Lots 35, 36, 37 and 38, "Phelps Island Park, First Division"; those parts of the abandoned street and alley in "Phelps Island Park, First Division" designated on said plat as Private Street and Private Alley; and a part of Government Lot 5, Section 19, Township 117, Range 23; all described as follows: Beginning at the intersection of the Westerly line of said Private Alley with the Northwesterly extension of the Southwesterly line of Lot 38, "Phelps Island Park, First Division"; thence Northwesterly along the extension of said Southwesterly line 200.00 feet; thence Northeasterly 200.00 feet, more or less, to a point on the Northwesterly extension of the Northeasterly line of Lot 35, "Phelps Island Park, First Division", distant 266.80 feet Southeasterly from the intersection of the Northwesterly extension of said Northeasterly line with the Southeasterly line of Tuxedo Boulevard dedicated in the plat of Avalon as Tuxedo Road; thence Northwesterly along said extension 266.80 feet to the Southeasterly line of said Tuxedo Boulevard; thence Northeasterly along the Southeasterly line of said Tuxedo Boulevard to its intersection with a line which is parallel with and 20.00 feet Northeasterly from the Northwesterly extension of the Northeasterly line of said Lot 35; thence Southeasterly along said parallel line 286.80 feet; thence Southwesterly, parallel with the Westerly line of said Private Alley, 20.00 feet to the Northwesterly extension of the Northeasterly line of said Lot 35; thence Southeasterly along said extension and along the Northeasterly line of said Lot 35 and its Southeasterly extension to the shore line of Lake Minnetonka; thence Southwesterly along said shore line to its intersection with the Southeasterly extension of the Southwesterly line of said Lot 38; thence Northwesterly along said extension and along the Southwesterly line of said Lot 38 and its Northwesterly extension to the point of beginning. 281 October 11, 1994 A tract of land comprising Lots 19 through 34 inclusive, "Phelps Island Park, First Division"; those parts of abandoned alleys and streets, "Phelps Island Park, First Division", designated on said plat as Private Alley and Private Streets; and a part of Government Lot 5, Section 19, Township 117, Range 23; all described as follows: Beginning at the most Westerly corner of Lot 34, "Phelps Island Park, First Division"; thence Southeasterly along the Southwesterly line of said Lot 34 and its extension to the shore line of Lake Minnetonka; thence Northeasterly along said shore line to the Westerly line of Lot 73, "Phelps Island Park, First Division"; thence Northerly and Northeasterly along the Westerly and Northwesterly lines of said Lot 73 to the shore line of lake Minnetonka; thence Northwesterly and Northerly along said shore line to its intersection with the Southeasterly extension of the center line of the Private Street adjoining the Northeasterly line of Lot 19 "Phelps Island Park, First Division"; thence Northwesterly along said extension and along said center line and its Northwesterly extension to the Westerly line of said Private Alley; thence Southwesterly along said Westerly line to its intersection with the Northwesterly extension of the Northeasterly line of said Lot 19; thence Northwesterly along said extension to the Southeasterly line of Tuxedo Boulevard dedicated in the plat of Avalon as Tuxedo Road; thence Southwesterly along the Southeasterly line of said Tuxedo Boulevard to its intersection with a line which is parallel with and 20.00 feet Northeasterly from the Northwesterly extension of the Southwesterly line of said Lot 34; thence Southeasterly along said parallel line 286.80 feet; thence Southwesterly, parallel with the Westerly line of said Private Alley, 20.00 feet to the Northwesterly extension of the Southwesterly line of said Lot 34; thence Southeasterly along said extension to the point of beginning. Lot 73, "Phelps Island Park, First Division". Subject to the proprietary and sovereign rights of the State of Minnesota in all that portion of the land lying below the natural ordinary high watermark thereof; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable public body of water incident to the ownership thereof. WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota; 282 October 11, 1994 A. Final plat approval is hereby granted for Pelican Point Multi-Family Residential Subdivision under PDA requirements, as requested by Boyer Building Corporation subject to compliance with all of the conditions found in the City Engineer's report dated August 18, 1994, set forth and incorporated herein as part of the document, all the conditions of the preliminary plat approval (Resolution//94-78) set forth and incorporated herein as part of the document and the following conditions; The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. e Permits for docks shall be obtained from the DNR and LMCD for the construction of 40 docks to serve the development. The City strongly favors Plan "A" which has been presented to this City Council and which results in the construction of 40 dock slips off the mainland, a copy of which is attached hereto and made a part of this resolution. It is understood that dock density is being used from that part of Outlot C which is called, "the island", to complete the 40 dock slips. In the event the DNR or the LMCD do not approve Plan "A", the Council approves Plan "B", a copy of which is attached. This would result in 28 docks being constructed off the mainland and would allow the construction of 12 dock slips off the most northerly part of that part of Outlot C, referred to as "the island". In either event, a Conservation Easement shall be prepared and dedicated to the public which keeps that part of Outlot C, which is referred to as "the island", in a natural state and will prevent all construction of any structures on that part of Outlot C, called "the island", except the limited area necessary to access the 12 dock slips if Plan B is necessary. The Council is approving 40 dock slips and strongly requests the DNR and the LMCD to approve Plan A. The applicant has argued that the land would allow 57 dock sites off the mainland and the island and the Council is not precluding an application for more than 40 dock sites if Plan A or Plan B are not approved by the DNR and the LMCD. Park dedication fees shall be collected in the amount of $124,000 prior to filing of the final plat. No construction activity shall occur on the site until all applicable provisional or final permits have been issued by the Minnehaha Creek Watershed District and other applicable agencies. The Developer shall provide the City Attorney with Homeowner's Documents and Declaration of Covenants for his review and approval. The Developer shall also provide the City Attorney with information necessary to conduct a title search and make a clear title opinion, all prior to filing of the final plat with Hennepin County. 283 I ,I , i~ i 11 October 11, 1994 Lot 8, Block 2 on the final plat shall reflect a modification to the utility easement as defined by the City Engineer. Prior to any work on the site, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within a specified period of time and shall require compliance with all City Codes not modified by this resolution. As part of the development contract, the Developer shall furnish the City with a performance bond, an irrevocable letter of credit, or other form of security approved by the City Attorney in the amount of 125% of the cost of all applicable public improvements necessary to be completed prior to filing the final plat. The Developer shall also provide the necessary escrow funds required in Section 330:30 of the City Code. The Declaration of Covenants shall be amended to include a description of bluff area limitations as stated in the Mound Shoreland Management Ordinance. The Covenants shall also include a map showing designated bluff areas. The plat shall be filed with Hennepin County within 240 days of the City Council approving the final plat (October 11, 1994). 10. Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the City Engineer, Fire Chief and Building Official. 11. Revegetation of the storm drainage ditch at the north end of the site shall be accomplished using primarily native species conducive to growth in this location. Instructions to this effect shall be included in the construction documents submitted to the City Engineer. 12. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Construction documents submitted to the City Engineer shall reflect said BMPs. 13. The Developer shall submit to the City Engineer, along with construction documents a tree protection plan prepared by an urban forester or arborist. In addition, an urban forester or arborist shall supervise construction to insure the proper protection of vegetation. BE IT FURTHER RESOLVED that such execution of the certificate upon said plat by the Mayor and City Manager shall be conclusive showing of proper compliance therewith by the subdivider and City Officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with M.S.A. 462 and the City of Mound Code of Ordinances. 284 October 11, 1994 The foregoing resolution was moved by Councilmember Smith and seconded by Councilmember Ahrens. The following Councilmembers voted in the affirmative: Ahrens, Jensen, Johnson and Smith. The following Councilmembers voted in the negative: none. Councilmember Jessen was absent and excused. SS/SKIP JOHNSON Mayor Attest: City Clerk 285 Pelican Point Planning Report October 5, 1994 Page 3 The Developer shall prepare and submit to the City Attorney a conservation easement which establishes bluff areas as defined by the shoreland management ordinance as permanently protected from any alteration or improvement except the removal of dead or diseased vegetation. Fo Existence of a wetland on the site Comments through the EAW raised the possibility that a wetland exists in the area of the proposed detention pond. The Developer has since had a professional wetland consultant investigate the site and prepare a report. The wetland consultant determined the presence of two wetlands on the site, one in the detention pond area and one close to the north property line. The wetlands fall under jurisdiction of the Minnehaha Creek Watershed District and according to the report will likely require mitigation if they are disturbed by development. The report is dated August 30, 1994 but was not received in the office of the City Planner until October 4. The Watershed District has not yet received the report but has indicated that, based on our discussion, a new stormwater management permit will need to be issued for the project. They also indicated that if wetland mitigation is required, a public hearing process will be completed prior to issuing a new permit. The City of Mound can approve the final plat with the condition that Watershed District requirements be met. RECOMMENDATION: Staff recommends approval of the final plat for the Pelican Point Multi-Family Residential Development subject to the conditions listed below and those found in the City Engineer's report dated August 18, 1994 plus any additional conditions the City Council deems appropriate such as those listed in the COMMENTS section above. If the Council concurs with this recommendation, a suggested resolution is enclosed. The Developer shall secure all applicable permits as defined by the City Engineer from all entities with jurisdiction over this project. 2. Permits for docks shall be obtained from the DNR and LMCD as applicable. o Park dedication fees shall be collected in the amount of $124,000 prior to filing of the final plat. No construction activity shall occur on the site and the final plat shall not be filed until a new stormwater management permit is issued by the Minnehaha Creek Watershed District and any wetland mitigation requirements on the property have been determined. Construction documents showing additional requirements placed on the project in this regard shall also be reviewed and approved by the City Engineer prior to the final plat being filed or construction activity beginning. 395o Pelican Point Planning Report October 5, 1994 Page 4 o The Developer shall provide the City Attorney all necessary information to conduct a title search and make a clear title opinion prior to filing of the final plat. o No structures shall be built or placed upon the island (Outlot C) without specific modification of the Conditional Use Permit. Prior to the City releasing the final plat, the Developer shall sign a development contract furnished by the City. The development contract shall stipulate that construction of all items covered by said contract shall be completed within a specified period of time of the City releasing the final plat. As part of the development contract, the Developer shall furnish the City with a performance bond or an irrevocable letter of credit or other form of security approved by the City Attorney in the amount of 125% of public improvements or $380,000. o The Declaration of Covenants shall be amended to include a description of bluff area limitations as stated in the Mound shoreland management ordinance. The Covenants shall also include a map showing designated bluff areas. Certificates of Occupancy will not be issued for homes in the subdivision until utilities and access servicing the homes are approved by the Fire Chief and Building Official. 10. Revegetation of the storm drainage ditch at the north end of the site shall be accomplished using primarily native species conducive to growth in this location. Instructions to this effect shall be included in the construction documents submitted to the City Engineer. 11. Construction and maintenance of the site shall adhere to MPCA Best Management Practices. Construction documents submitted to the City Engineer shall reflect said BMPs. 12. The Developer shall submit to the City Engineer, along with construction documents a tree protection plan prepared by an urban forester or arborist. In addition, an urban forester or arborist shall supervise construction to insure the proper protection of vegetation. $731 j,,j ii J ,J, , , J~J. J RECEIVED 2 g lgg4 STATE OF DEPARTMENT OF NATURAL RESOURCES 30 50g_ LAFAYETTE ROAD * ST. PAUL, MINNESOTA * 55155-40~ DNR INFORMATION (612) 296-6157 September 23, 1994 Mr. Ralph Turnguist RE: PELICAN POINT ISLAND (Tract 38, of Township 117 North, Range 23 West, of the Fifth Principal Meridian, [.~innesota) Dear Mr. Turnguist: We have been advised by the Bureau of Land [lanagement, Eastern StateS, Division of Cadastral Survey, that their ]969 survey erroneously concluded that the above mentioned island existed as such in 1858, when Minnesota was admitted to the Union. They acknowledge that the island was actually part of a penninsula prior to 1914. It is therefore their opinion that, the United States having previously divested its interest in the island, the transfer of the island to the State of Minnesota under the Minnesota Public Lands Improvement Act of 1990 is void. Based on this finding, a copy of which is attached, the department has withdrawn its claim to Pelican Point Island. We have instructed our legal counsel to prepare a quit claim deed for the record. Fle~e contact John Helmberger (296-7946) or Sharon Hall (297-2582), in the Bureau of Real Estate Management, if you h~ve any questions about this matter. Sincerely, ~~.j..r;~2) 297_2572' amen/ Attachment cc: Judd Broyer, [~idamerica Bank Jeff Lang, CbJ. cago Title and Insurance Co. John Boyer, B~yer Building Corp. Eugene Strom~en, Lake ~[~ne~omka Conservation District Ed Shukle, Mound C~ty Hanaqer~ Alan Held FROM GRAY,PLANT& MOOTY 9.23.1994 14:51 P. 2 United States Department of the Interior BuRIr. Au OJ~ LAND MANAGEMKNT 23, ~994 Hr. Alan H~ld G~&y, Plan~ ~oo~y, ~oo~y & Benn~, P.A. 3400 City Centez' MinneapoXi., M~nnesota 55402-37~6 th£e o££lcm of m land title dispute ~ween your client Hr. Ralph C. Turnquimt and the sta~m o£ Minneso~a. T~e eree o~ dispute, known locally es 'Pelican Point Island" ~volveS e~ This letter s~ts forth ~he opt~o~ CE th~s o~Ce ~ ~he aforementioned title d~spute. not hesitate t~ ~vnt~gt this office. Sincerely, FROM GRR¥,PLRNT& MOOT¥ 9.25.1994 14:52 P.  United States Department of the Interior ~UI~..~U OF L~D MANAGEMF. NT g~-70SO SEP Z 3 199~1 500 h&fayctt= Road St. Paul; M£nn~so~a Dear Nr. Lawler: ~his o££tce o£ a land ~l~le dispute ~O~ween his client Mr. Ralph C. Turnquim~ and Zhe s:a:e O~ ~lnneeo=a. The area dispute, known locally as "Pelican Point Xsland," involves an island dec,gna%ed as Tract 3e; of Township 117 Range 23 wsG~ of ~h~ Fi£th Principal ~eridian~ M~nne$0~a. As part of a land inventory oondu~md b~ ~lx~ Lake 8=e~ee PrOJeQ~ Off~oe of the bureau o~ ~ Management (DL~)~ ~h= this fi=ld investigation, l~ was detsrmin~a ~laC planime~rically surve~e~ ma Trac~ 3B, oon~ainin9 X,6 sores as eepicted upon tho plat of survey eo~ep~ed April On the basil Of =he l~?: survey~ this island Law 101-'44~# ~tat. L020. , i FROH GR~V,PL~NT~ MOOTV 9.23,~994 14:52 P. 4 ?he TuFn~uist'S claim £o based on Cho contention ~ha= ~his Xo~d was not an island but a s~all penifloul& of land oonneoted ~0 4~he adjoining upland ~nd w&s lnoluted with the pa=oAt [or ~overnment lc~ 5t o£ soGtion ~9. In support o£ ~hia clai~, numerous hist~rlcal documents h~vo bean submitted which demo. strata ths~ from 1879 ~o i~3~ uurvey~ &nd maps o£ the area depict the Land in question as a peninsula, O~her dooumen~a beginning An lJl4 depl~ this ~and ab an ls~and ab At exists today. From ~heae documents, it ia ~oadL~y apparent that ~ ~annel vas CUt aoromw the peninsula circa 19Z4 pr~ably to f~ollttato s~oamship From ~he information submttted~ ~ls office mua~ conclude that ~he 1969 investigation and 8ubeoquen~ planimet~l~ survey of L972 failed =0 consider all available information and ~onsequently reached an erroneous conolusion. Tho ~eland dam~gnate~ ae Trao~ 38; Tow;tmhip 117 North, ~ange 23 Wo~, Fl~th Principal MerXdlan, ~inneeo~a wa~ ~n fac~ prior to L9~4; & pen~nou~& attached ~o ~he upland. TAb meanders frontlDg sea:lan 19 of the 18S~ original ~urvoy ou~ acro~u this narrow peninsula, leaving unuurva~ed land~ betwee~ tho original meander line end the ac:ual shoreline o£ ~ka Mlnnetonka. This condition would leave one remaining possib~l~ty for a claim of Federal ~wnership ~n the disFu%~d area based upon an erroneous omisoion of t~e emiginal SUrVey. A meander line is surveyed to determine :he sinuosities o£ & ~ody of water for the purpose of calouXeting tho acreage of adjoining riparian lobs. In the ~bsenoe of prima fac£~ fraud or a~ error so ~ros8 as =o ¢onsuitu~o £raud~ Uhe uour~u have ruled ~ha~ ~he boundary o£ riparian lots ~x~ends ~o the actual ~hureline a~ ~a not limi:ed to tho acreage recites in :he pause= iron =ho United Sta~es. Discrepancies between the location of ~e original meander lines and ~he ac=ual shor~ of a body of wa~er fall in~o ~wo ~la~eee, con~titute erroneous omission. The guidelines f~r de~ermining fROM GR~Y,PLRHT& MOOTY 9.23.1994 14:53 P. that la~s were ~l~tea ~om an of~iciaXly ~iled aI a resul~ ol gro~ error or fraud, At ~nvino~? evidence that the o~iginal In ~.$. v. z~aer et al., 338 F. supp. 9~4 (1972) it was heXd that in order to constitute grOSS ~r~or, ~16 true area must have been undersea=ed by substantially bore than one third. True area define~ as the area returned in the original survey plus the alleges om~t~d area. Art examina=ion of ~he area in question revs=la the= tho difference be~een tho actual nhoreline o~ Luke Minnotonka and the or~nal ~eanders o~ the same amounts to ~ar less than one ~h£rd of the ~rue area. Cons~dering o~hcr JudiciaLly evolve~ £au~or~ L~ is ~noluded there is nothing in th~ records of this office or in the info~mation subml=~ed with your letter to indicate fraud by the original surveyor ~n the pleoament of the original meander line. The~e ~$ also no=~in9 of re~ord to ind£oa=e that the om~tted area was any more valuable ~han the sur=ounding surveyed lands~ be proven by clear and convincing evidenc~ that tho original survey was groe~ly in error; therefore, th~ United States asserts no olaim to the area b~tween the record meander line and the aouual shoreline o£ Lake Ninn~tonkm in front of 1o~ 5, section states has lurveyed and disposed of public lands, the courts may protect the private rights acquired against interference by correc=lve surveys subsequently made. Orauin ~ Paws11 Township 117 North, Range 23 West, of the Fifth Prin~ipal ~eridian, ~innesota, was in error and is hereby canceled. The excess area fronting lot s, section 19 of the aforementioned ~ownahip, does not mae= the criteria for omitted lands and wl~h the pa~on~ to said lo~ ~. oual div~s~e~ its Hsridian, ~lnne~°ta,_~°_~n"_~Ii.'l~'of 1990, publio Law 101-442, 104 8~a~, 1020 iS VOid, II I! October 11, 1994 RESOLUTION NO. 94- RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVF34ENT BONDS OF 1978 IN THE AMOUNT OF $11,633.00 WHEREAS, there is a Resolution #78-302 with the Hennepin County Auditor directing a levy of $11,633.00 for General Obligation Improvement Bonds of 1978; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1995. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $11,633.00 for 1995 taxes payable for the General Obligation Improvement Bonds of 1978. RESOLUTION NO. 94- RESOLUTION APPOINTING ADDITION ELECTION JUDGES AS RECOMMENDED GENERAL ELECTION NOVEMBER 8, 1994 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby approve the following list of additional election judges for the General Election November 8, 1994: Lisa Guest Marie Jorland BELLS October 11, 1994 BATCH 4094 Total Bills $67,180.27 $67,180.27 Z I ,Il o ? MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF SEPTEMBER 1994 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 9/19 9/26 ~ k~R~ HZI1RS RA/E 1 ,]~.;~.+' ~,NI)'~PR'~N X X 2. ]q.O0 5 46 6.00 2 GP~c ANTi,PROW X ~ 1 9.50 2 59 6.00 3 ,I~RRY RABB RETIRED 9/10 0 0 0 0 0 ~ 6.00 48.00 4 PAI~, RABB X X 2 19.00 2 4~ 6.00 270.00 5 DAVE, W)Yr) X X 2 19.00 3 27 6.00 ] 62.00 6 SCOTT BRYCE X X 2 19.00 14 25 6.00 150.OO 7 DAVE CARLSON X X 2 19.00 0 18 6.00 108.00 8 JIM CASEY X X 2 19.00 0 18 6.00 108.00 9 STEVE COLLINS X X 2 19.00 2 22 6.00 132.00 10 BOB CRAWFORD X X 2 19.00 7 27 6.00 162.00 11 RANDY ENGELHART X X 2 19.00 2 15 6.00 90.00 12 STEVE ERICKSON X X 2 19.00 0 38 6.50 247.00 13 PHIL FISK X X 2 19.00 1½ 10 6.00 60.00 14 DAN GRADY X X 2 19.00 10 40 6.00 240.00 15 KEVIN GRADY X X 2 19.00 2 24 6.00 144.00 16 CRAIG HZNDERSON X X 2 19.00 1 37 6.00 222.00 17 PAUL I.IENRY X X 2 19.O0 13~ 30 6.00 180.00 18 JASON MAAS X X 2 19.00 1 44 6.00 264.00 19 JOHN NAFUS X X 2 19.00 2 29 6.00 174.00 20 JAMES NELSON X X 2 19.OO lk q% 6.00 21 MARV N~qON X X 2 ~9.00 1~ 23 6.00 22 BRET NICCUM X X 2 19.00 2~ 28 6.00 23 GREG PAlM X X 2 19.00 0 22 6.00 ] ~2.00 24 MIKE PALM X X 2 19.00 0 24 6.00 144.00 25 TIM PALM X X 2 19.00 2 33 6.00 198.00 26 GREG P~EP, SON X X 2 19.00 0 23 6.25 143.75 27 x x 2 19.00 2 23 .00 138.00 28 Tom z ross (ED 0 -0- 0 i .00 6,00 29 MIKE SAVAGE ~ X 1 9.50 7 23 6.00 138.00 30 KEVIN SIPPt~I::I','L X X 2 19.00 2 25 6.00 150.00 31 RON STALLMAN X X 2 19.00 2 19 6.00 114.00 32 TOM SWanSON X X 2 19.00 2 38 6.00 228.00 X X 2 19.00 2 26 6.00 156.00 33 BRUCE SVO~ODA X X 2 19.00 0 39 6.00 234.00 34 ED VANECEK .. X X 2 19.00 12½ 23 6.00 138.00 55 RICK WILLIAMS X ~ 1 9.50 1 23 6.00 138.00 36 TIM WILLIAbIS X X 2 19.00 1½ 28 6.00 168.00 37 DENNIS WOYTCKE ~4 33 67 85 82½ 167½ 636.50 107½ 1010 ~ 6,084.75 167½ I]~l.q 636.50 107½ ~ 1,167.00 /UrAL 7,888.25 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT IMtS. .LAST THIS' YEAR LAST YEAR ~ONTH OF SEPT]~ 1994 MON~ MON/}I TO DATE TO DATE ~O. OF CALLS 50 65 470 456 {OUND FIRE 9 16 101 88 E~RGEI~ 20 25 186 177 {INNETONKA BEACH FIRE Q 3 20 9 I~IRERGENCY O O 1 z (I NNETR I STA FIRE 0 2, ] 1 20 KMERGENL~ fl 4 37 29 )RON0 FIRE I 3 2,7 f~MERGENCY 4 3 2{3 2,4 ~HOREW00D FIRE 0 0 D 4 EMERGENCY 0 0 4 ;PRING PARK .F. IRE 3 5 2,8 Iq I~'~RGEr~'Y 6 4 2 q IUTUAL AID-' FIRE ] D 5 6 mtERGE~ 0 0 , 1 1 :OTAL FIRE CALLS 14 29 192 167 :OTAL EMERGENCY CALLS 36 36 ?78 DP~MERCIAL 1 1 7 7 LESIDENTIAL 4 /, 3q ~DOSTRIAL O O O ;RASS & MISCELLANF~S 2 8 fid 51 %UTO 1 1 6 8 '~ALSE ALARM / FIRE ALARMS 5 15 74 53 ~0. OF HOURS FIRE 236 314 2309 1975 - MOUND ICM~GEI~ 3§0 452 36~6 3261 TOTAL 596 7~ 5965 5236 FIRE O 49 332 99 - MTKA BEACH ]~tERC, MNC"f Q Q 11 52 TOTAL O 49 ~Y~3 151 FIRE O 37 203 365 - M' TRISTA I~.ItCRGENCY 107 67 679 549 TOTAL 107 104 .882 914 FIRE ],~ 65 566 518 - ORONO .]SMERGENCY 61 65 322 ,. 464 TOTAL 76 130 888 982 FIRE 0 o 0 8o - SHOREWOOD ]~4ERGENCY O O 7) 41 ~ O O 73 121 FIRE 54 209 621 407 - SP. PARK MMERGEI~ 143 90 63] TOTAL 197 299 12,52, 1425 FIRE 34 0 200 164 - MUTUAL A.ID EMERGf~;CY 0 0 27 30 TOTAL 34 0 ZZ7 194 ~OTAL DRILL HOURS 167~ 167~ 1512~ 1467~ ~OTAL FIRE HOURS 339 674 4285 3608 ~OTAL EMERGENCY HOURS 671 674 5~A~ 541 5 ITIAL FIRE & IR~ERGENCY HOURS lO10 1348 q6~l IUTUAL AID RECEIVED O 1 4 ? IUTUAL AID O~VEN 1 0 ~ City of Mound Monthly Report Utilities Month of: September 1994 10/06/94 U ti l ity - 94 Residential Commercial Total No. of Customers: Water Sewer Water Used' (in 1,000 gallons) 1,063 1,067 21,390 120 120 5,878 1,183 1,187 27,268 Billing: Water Sewer Recycle Total Payments: Water Sewer Recycle Total $28,348 $41,172 $3,174 $72,694 $19,916 $40,638 $3,098 $63,652 $6,310 $14,668 $2O $20,998 $5,709 $13,725 $22 $19,456 $34,658 $55,840 $3,194 $93,692 $25,625 $54,363 $3,120 $83,108 LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: FROM: SUBJECT: Ed Shulde Len Harrell Monthly Report for September, 1994 STATISTICS The police department responded to 1,052 calls for service during thc month of September. There were 35 Part I offenses reported. Those offenses included 1 criminal sexual conduct, 6 burglaries, 1 aggravated assault, 25 larcenies, and 2 vehicle thefts. There were 79 Part I1 offenses reported. Those offenses includ6d 2 child abuse/neglect, 2 forgery/NSF checks, 2 narcotics, 14 damage to property, 4 liquor law violations, 8 DUI's, 5 simple assaults, 9 domestics (5 with assaults), 5 harassment, 12 juvenile status offenses and 16 other offenses. The patrol division issued 101 adult citations and 4 juvenile citations. Parking violations accounted for an additional 8 tickets. Warnings were issued to 34 individuals for a variety of violations. There was 1 adult arrested for a felony. There were 29 adults and 2 juveniles arrested for misdemeanors. There were an additional 11 warrant arrests. The department assisted in 16 vehicle accidents, 6 with injuries. There were 32 medical emergencies and 66 animal complaints. Mound assisted other agencies on 20 occasions in September and requested assistance 10 times. Fifty-nine ordinance violations were inspected. Property valued at $22,359 was stolen in September and $5,164 recovered. MOUND POLICE DEPARTMENT MONTHLY REPORT - SEPTEMBER, 1994 INVESTIGATIONS The investigators worked on 3 criminal sexual conducts cases and 4 child protection issues in September, accounting for 41 hours of investigative time. Through the first three quarters of 1994, there have been 37 child protection cases and 8 criminal sexual conduct cases. Other cases investigated included burglary, theft, assault, forgery/NSF checks, deprivation of parental fights, domestic assault and violation of order for protection, reckless use of a firearm, theft of a motor vehicle, hit and mn personal injury accident, indecent conduct, trespass, runaway, and harassing communication. The investigators were required to work 10 shifts in patrol during the month. Formal complaints were issued for criminal damage to property, worthless check, switching vehicle tabs to avoid taxes, and minor consumption. Ill. Personnel/Staffing The department used approximately 87 hours of overtinae during the month of September. Officers used 12.5 hours of comp-time, 115 hours of vacation, 296 hours of sick time, and 6 holidays. Officers earned 41 hours of comp-time. We are currently short three officers with Hudson and Ewald out sick and Sgt. Grand at SPI in Louisville. The investigators have been used to cover some patrol shifts and limit the overtime where possible. Officers attended in-service training for firearms and defensive tactics in September. Two officers attended a sexual harassment seminar and a police officer up-date. Sgt. Grand is attending the Southern Police Institute for 3 months. I attended the fall conference for emergency managers for 3 days. The training consisted of an update on reporting requirements, a presentation on the Hibbing airplane crash, media relations and planning and a recap of the flooding disaster and recovery projects. The reserves donated 173 hours during the month of September. MOUND POLICE DEPARTMENT SEPTEMBER 1994 OF~'~NSES CLEARED EXCEPT- CLF_~u~ED BY ARRESTED REPORTED UNFOUNDED CLEARF~D ARREST ADULT JUV PA~T I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 1 0 0 1 1 0 6 0 1 0 0 0 25 0 5 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 TOTAL 35 I 6 I I 0 PART II CRIMES Child Abuse/Neglect 2 0 2 0 0 0 Forgery/NSF Checks 2 0 0 1 2 0 Criminal Damage to Property 14 0 1 0 0 0 Weapons 0 0 0 0 0 0 Liquor Laws 4 0 0 4 2 2 Narcotic Laws 2 0 0 2 2 1 DWI 8 0 0 8 8 0 Simple Assault 5 0 4 0 0 0 Domestic Assault 5 0 1 4 4 0 Domestic (No Assault) 4 0 0 0 0 0 Harassment 5 0 0 0 0 0 Juvenile Status Offenses 12 0 3 8 0 8 Public Peace 2 0 0 2 3 0 Trespassing 0 0 0 0 0 0 All Other Offenses 14 0 1 8 8 0 TOTAL 79 0 12 37 29 2 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals Animal Complaints Mutual Aid Other General Investigations TOTAL 10 6 0 32 66 19 743 876 HCCP Inspections TOTAL 3 59 1,052 18 3O 11 MOUND POLICE DEPA/~TMENT CRIME ACTIVITY REPORT SEPTEMBER 1994 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeeanor Arrests Juvenile ~elony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS MONTH 58 31 7 9 5O 8 8 8 10 6 0 3 37 1 11 35 79 32 66 59 743 YEAR TO DATE 504 389 145 256 568 237 65 54 84 28 0 24 300 36 77 266 595 236 832 432 7,262 LAST YEAR TO DATE 458 476 123 231 1,021 275 56 44 59 18 0 30 211 36 61 256 543 298 836 6,967 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,261 34 29 3 20 10 12,390 4O8 282 37 115 73 11,999 396 254 44 103 34 3q$7 SEPTEMBER 1994 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Improper, Expired or No Plates Stop Arm Violations Failure to Yield Equipment Violations H&R Leaving the Scene No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt MV/ATV Miscellaneous Tags TOTAL 8 8 1 5 3 39 0 2 4 1 1 0 18 0 1 8 0 3 0 2 0 5 109 0 0 0 0 0 3 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 4 No Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor SEPTEMBER 1994 0 7 2 0 3 18 0 0 0 4 34 2 8 JUV 0 0 0 0 0 0 0 0 0 0 0 ,. .... ,Ii J I,, Iii I ~1 Run: 27-Sep-94 16:02 PRO03 MOUND POLICE DEPARTMENT Primary ISN~s only: No Date Reported range: 08/26/94 - 09/25/94 Activity codes: At[ Status: ALL Property Types: All Property Descs: Alt Brands: At[ Models: All Officers/Badges: Alt Enfors Property Report STOLEN/RECOVERED BY DATE REPORTED Prop Prop Tp Desc lnc no lSN Pr Prop Date Rptd Stolen Date Recov'd SN Stat Stolen Value Recov'd Value Quantity Act Brand Code Page Model Off-1 Off-2 Assnd Assnd Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Prop type Totals: Report Totals: 8,000 5,000 2.000 1,364 150 5.000 5 5 2.000 30 0 1.000 695 0 4.000 3,025 0 14.000 435 0 3.000 261 0 2.000 10 0 1.000 1~221 0 8.000 7,313 9 6.000 22,359 5,164 48.000 Run: 27-Sep-94 15:17 CFS08 Primary ISN's on[y: No Date Reported range: 08/26/94 - 09/25/94 Time range each day: 00:00 - 23:59 How Received: Activity Resulted: Dispositions: AIl Officers/Badges: Grids: Patrol Areas: AIl Days of the week: Alt M(XJND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 39 9001 J-SPEEDING 3 9012 OPEN BOTTLE 3 9014 STOP SIGN 4 9016 FAILURE TO YIELD 1 9018 EQUIPMENT VIOLATION 1 9020 CARELESS/RECKLESS 1 9022 EXNIBITION DRIVING 1 9026 OVER THE CENTER LINE 1 9038 ALL OTHER TRAFFIC 3 9040 NO SEATBELT 2 9100 PARKING/ALL OTHER 8 9200 DAS/DAR/DAC 5 9210 PLATES/NO-IMPROPER-EXPIRED 2 9220 NO INSURANCE/PROOF OF 18 9221 J-NO INSURANCE/PROOF OF 1 9240 CHANGE OF DOMICILE 1 9309 FOUND/RUNAWAY 2 9312 FOUND ANIMALS/IMPOUNDS 3 9313 FOUND PROPERTY 5 9314 FOUND VEHICLES/IMPOUNDED 1 9430 PERSONAL INJURY ACCIDENTS 5 Page Run: 27-Sep-94 15:17 CFS08 Primary ISN'$ onty: Reported range: Irange each day: How Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: No 08/26/94 - 09/25/94 00:00 - 23:59 Att Att Att Att Att Att ALt MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9440 H/R PERSONAL INJURY ACC. 9450 PROPERTY DAMAGE ACCIDENTS 9451 H/R PROPERTY DAMAGE ACC. 9563 DOG AT LARGE 9565 DOG LICENSE 9566 ANIMAL ENFORCEMENT TICKETS DANGEROUS DOG 9710 9720 9730 9731 9732 9800 9801 9802 99O0 99O4 9920 9930 MEDICAL/ASU MEDICAL/DOA MEDICALS MEDICALS/DX MEDICALS/CI ALL OTHER/UNCLASSIFIED DOMESTIC/NO ASSAULT PUBLIC ASSIST ALL HCCP CASES OPEN DOOR/ALARMS INSPECTIONS DEPARTMENT HANDGUN APPLICATION HANOGUN DENIALS WARRANTS MISC. VIOLATIONS 1 7 1 1 1 4 4 22 1 1 7 4 1 5 7 1 11 998O 999O Page 2 Run: 27-Sep-94 15:17 CFS08 Primary ISN~s only: No Date Reported range: 08/26/94 - 09/25/94 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: Ail Dispositions: All Officers/Badges: All Grids: ALL Patrol Areas: All Days of the week: All MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS ~2 MUTUAL AID/8100 9 g<~3 MUTUAL AID/6500 5 ~4 MUTUAL AID/ ALL OTHER 3 ~996 MUTUAL AID/NARCOTICS 2 A2512 ASLT 2-THREAT BOOILY HARM-POS FRRM-ADLT-ACQ 1 A5335 ASLT 5-INFLT BODILY HARM-KNIFE ETC-CHLD-ACQ 1 A5351 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM 5 A5352 ASLT 5-MS-INFLICT BD HRM-HANDS-ASLT-AC 1 A5354 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM 1 A5355 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ 3 A5502 ASLT 5-THRT BODILY HARM-NO WEAP-ADLT-ACQ 1 B3494 BURG 3-UNOCC RES NO FRC-U-UNK WRAP-CON THEFT 2 B4090 BURG 4-AT FRC NRES-U-UNK ~EAP-UNK ACT 1 B4~90 BURG 4-UNOCC RES FRC-U-UNK ~'EAP-UNK ACT 1 B49~0 BURG 4-AT FRC RES-D-UNK ~EAP-UNK ACT 1 B4990 BURG 4-AT FRC RES-U-UNK ~EAP-U#K ACT 1 C~211 FORGERY-MS-UTT POSSESS PLACE-CHECK-PERSON 1 DC500 DRUGS-DRUG PARAPH-POSSESS-UNK-UN[ ~ 13060 CR[N AGNST FAN-MS-NEGLECT OF A CHILD 1 J2500 TRAFFIC-~M-DRIVE UNDER INFLUENCE OF LIQUOR 1 J2EO0 TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH 1 J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIOUOR 7 Page Run: 27-Sep-94 15:17 CFS08 Primary ISN~s only: No Reported range: 08/26/94 - 09/25/94 range each day: 00:00 - 23:59 Now Received: Activity Resulted: All Dispositions: ALt Officers/Badges: All Grids: All Patro[ Areas: All Days of the week: ALL MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS J3EO0 L7041 M3001 M3003 M4199 M5313 TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH CSC 4-UNK ACT-OTHER FAM-UNDER 13-F JUVENILE-ALCOHOL OFFENDER JUVENILE-HABITUAL TRUANT LIQUOR - OTHER JUVENILE-CURFEW JUVENILE-RUNAWAY STALKING-UNK DEGREE DISTURB PEACE-MS-PUBLIC NUISANCE N0310 N3070 7 1 2 1 2 1 10 1 2 5 11 1 2 1 1 2 1 1 1 1 2 $ N3190 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT P3120 PROP DAMAGE-MS-PUBLIC-UNK INTENT P3130 PROP DAMAGE-MS-BUSINESS-UNK INTENT TB029 THEFT-MORE 2500-FE-BUILDING-OTH PROP TC021 THEFT-501-2500-FE-BUILDING-MONEY TC159 TNEFT'501-2500-FE-MOTOE VEH-OTH PROP TC169 THEFT'501'2500-FE-WATERCRAFT-OTH PROP TF159 THEFT-2OI'5OO-GM'MOTOE VEH'OTH PROP TF169 THEFT-201-5OO-GN-WATERCRAFT-OTH PROP THEFT-LESS 200-GM-BUILDING-HOHEY TG059 THEFT-LESS 200-GM-YARDS-OTH PROP TG159 THEFT-LESS 200-G~-MOTOR VEH-OTH PROP Page 4 Run: 27-Sep-94 15:17 CFS08 Primary ISN's only: No Date Reported range: 08/26/94 - 09/25/94 Time range each day: 00:00 - 23:59 How Received: All Activity Resulted: All Dispositions: All Officers/Badges: Grids: At[ Patrol Areas: All Days of the week: MOUND POLICE DEPARTMENT Enfors Calls For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS TG169 THEFT-LESS 200-GM-WATERCRAFT-OTH PROP U1497 THEFT-FE-BICYCLE-NO MOTOR-201-500 I U3017 THEFT-MS-BY CHECK-201-500 U3288 THEFT-MS-SHOPLIFTING-200 OR LESS 5 U3497 THEFT-MS-BICYCLE-NO MOTOR-201-500 2 U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS VA022 VEH-MORE THAN 2500-FE-THEFT-TRUCK-AUTO VA023 VEH-MORE THAN 2500-FE-TNEFT-MOTORCYCLE Page **** Report Totals: 330 Run: 27-Sep-94 15:30 OFF01 Primary ISN's on[y: Date Reported range: range each day: Dispositions: Activity codes: Officers/Badges: Grids: Ho 08/26/94 - 09/25/94 00:00 - 23:59 All Att ACT ACTIVITY CODE DESCRIPTION A2512 A5335 A5351 A5352 A5354 A5355 A5502 B4390 B4930 C3211 DCS00 I3060 J2500 J2E00 J3500 J3E00 L7041 10001 N4199 M5313 ASLT 2-THREAT BODILY HARM-POS FRRM-ADLT-ACQ ASLT 5-INFLT BODILY HARM-KNIFE ETC-CHLD-ACQ ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM ASLT 5'MS-INFLICT BD HRM-HANDS-ASLT-AC ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-ACQ ASLT 5-THRT BOOILY HARM-NO WEAP-ADLT-ACQ BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COM THEFT BURG 4-AT FRC NRES-U-UNK WEAP-UNK ACT BURG 4-UNOCC RES FRC-U-UNK WEAP-UNK ACT BURG 4-AT FRC RES-D-UNK WEAP-UNK ACT FORGERY-MS-UTT POSSESS PLACE-CHECK-PERSON DRUGS-DRUG PARAPH-POSSESS-UNK-UNK CRIM AGNST FAM-MS-NEGLECT OF A CHILD TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-GM-AL 10 MORE-UNK INJ-UNK VEH TRAF-ACCXD-MS-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH CSC 4-UNK ACT-OTHER FAM-UNDER 13-F JUVENILE-ALCOHOL OFFENDER JUVENILE-HABITUAL TRUANT LIQUOR - OTHER JUVENILE-CURFEW MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED 1 0 1 0 I 0 0 1 100.0 1 0 I 1 0 0 0 0 0.0 5 0 5 0 4 0 1 5 100.0 1 0 1 0 0 0 1 1 100.0 1 0 1 0 0 0 1 1 100.0 3 0 3 1 0 0 2 2 66.6 1 0 1 0 0 0 1 1 100.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 0 1 1 100.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 3 0 3 1 1 1 0 2 ~.6 1 0 1 0 0 0 1 1 100.0 1 0 1 0 1 0 0 1 100.0 1 0 I 0 1 0 0 1 100.0 7 0 7 0 7 0 0 7 100.0 7 0 7 0 7 0 0 7 100.0 1 1 0 0 0 0 0 0 0.0 2 0 2 0 0 2 0 2 100.0 1 0 1 0 0 0 1 1 100.0 2 0 2 0 :~ 0 0 Z 100.0 I 0 I 0 O, I ' 0 I 100.0 Run: 27-Sep-94 15:30 OFF01 Primary ISN's only: No Date Reported range: 08/26/94 - 09/25/94 Time range each day: 00:00 - 23:59 Dispositions: All Activity codes: All Officers/Badges: All Grids: All MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 2 ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING ..... OFFENSES CLEARED .... ADULT JUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED M5350 JUVENILE-RUNAWAY N0310 STALKING-UNK DEGREE N3070 DISTURB PEACE-MS-PUBLIC NUISANCE N3190 DISTURB PEACE'MS-HARRASSING COMMUNICATIONS P3110 PROP DAMAGE'MS'PRIVATE-UNK INTENT P3120 PROP DAMAGE-MS-PUBLIC-UNK INTENT P3130 PROP DAMAGE-MS'BUSINESS-UNK INTENT TB029 THEFT'MORE 2500-FE-BUILDING'OTH PROP TNEFT'501-2500-FE-BUILDING'MONEY THEFT'501-2500'FE-MOTOR VEH'OTH PROP THEFT'501-2500-FE'WATERCRAFT-OTH PROP THEFT-201-5OO-GM-MOTOR VEH-OTH PROP THEFT-201-5OO-GM-WATERCRAFT-OTH PROP THEFT-LESS 200-GM-BUILDING-MONEY THEFT-LESS 200-GM-YARDS-OTH PROP THEFT-LESS 200-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-GM-MATERCRAFT-OTH PROP THEFT-FE-B[CYCLE-NO MOTOR-201-500 THEFT-NS-BY CHECK-201-500 THEFT-NS-SMOPLIFTING-200 OR LESS TMEFT-MS-BIC¥CLE-NO #OTOR-201-500 TMEFT-MS-B[CYCLE-NO #OTOR-200 OR LESS VEH-MORE TNA# 2500-FE-THEFT-TRUCK-AUTO TC021 TC159 TC169 TF159 TF169 TG021 TG059 TG159 TG169 U1497 U3017 IJ~497 LG498 VA022 10 0 10 1 0 7 2 9 90.0 1 0 1 0 0 0 1 I 100.0 2 0 2 0 2 0 0 2 100.0 5 0 5 5 0 0 0 0 0.0 11 0 11 10 0 0 1 1 9.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 I 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 3 0 3 ~ 0 0 0 0 0.0 3 0 3 3 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 5 0 5 I 0 0 4 4 ~.0 2 0 2 2 0 0 0 0 1 0 I 0 0 0 I I 100.0 1 0 I 1 O' 0 '0 0 0.0 Run: 27-Sep-94 15:30 OFF01 MOUND POLICE DEPARTMENT Page 3 Priory ISN~s only: No Date Reported range: 08/26/94 - 09/25/94 range each day: 00:00 - 23:59 Dispositions: All Activity codes: Att Officers/Badges: All Grids: All Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS ACT ACTIVITY COOE DESCRIPTION ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTED FOUNDED OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEARED yA023 VEH-MORE THAN 2500-FE-THEFT-MOTORCYCLE I 0 1 I 0 0 0 0 0.0 **** Report Totals: 106 1 105 49 27 11 18 56 53.3 CITY OF MOUND MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: October 6, 1994 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official ~~'~ ' SEPTEMBER 1994 MONTHLY REPORT CONSTRUCTION ACTIVITY Construction activity has continued its upward climb. Both residential commercial activity is up. Thirty-nine building permits were issued for September for a value of $634,837. This brings year-to-date value to $6,695,698. There were 33 plumbing, mechanical, and miscellaneous permits issued for a total of 72 permits this month, and 591 year-to-date. PLANNING & ZONING There were 15 Planning and Zoning cases acted on this month. The Pelican Point Final Plat approval is anticipated and development of the site is planned to start this fall. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY Total CSO contacts for September was 59. RENTAL Several rental complaints have been received and are in progress. JS:pj prmted on recycled paper City of Mound BUILDING ACTIVITY REPORT Month: $ F. PTEMBRR Year: 1994 THIS MONTH SINGLE FAMILY DETACHED /4 4 360,830 19 2,214,728 SINGLE FAMILY ATTACHED (CONDOS) TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) TRANSIENT HSG. (HOTELS I MOTELS) SUBTOTAL 4 4 360,830 19 2,214,728 COMMERCIAL (RETAIL/RESTAURANT) OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL RESIDENTIAL ADDITIONS TO PRINCIPAL BUILDING 7 91,584 37 599 755 DETACHED ACCESS DRY BUILDINGS 3 26,160 ! 6 146,591 DECKS 3 16,200 39 146,218 SWIMMING POOLS 1 1 O, 000 REMODEL- MISC RESIDENTIAL 20 78,063 155 525,558 REMODEL - MULTIPLE DWELLINGS 4 3 2.5,9 3 6 SUBTOTAL 33 212,007 252 1,754,058 COMMERCIAL (RETAIL/RESTAURANT) ! 60, O00 8 173,350 OFFICE / PROFESSIONAL [ ! 0,000 INDUSTRIAL ] 2,000 7 149,986 PUBLIC / SCHOOLS 3 2,393,576 DETACHED ACCESSORY BUILDINGS SUBTOTAL 2 62,000 19 2,726,912 [ DEMOLITIONS II ~/PERMITS I ' UNITS I VALUATION II # PERMITS I VALUATION RESIDENTIAL DWELLINGS 7 NON-RESIDENTIAL BUILDINGS 6 TOTAL DEMOLITIONS 13 I PERMITS # UNITS VALUATION ! UNITS VALUATION TOTAL 39 4 634,837 19 6,695,698 I *303 PERMIT COUNT I THIS MONTH I YEAR-TO-DATE · BUILDING 39 303 FENCES & RETAINING WALLS 5 42 SIGNS 1 7 PLUMBING 12 106 MECHANICAL 6 89 GRADING 0 S&W, STREET EXCAV., FIRE, ETC. 9 40 TOTAL I 72 I 591 372 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 TO: FROM: SUBJECT: Ed Shukle City Manager Greg Skinner ~ Public Works September Activity Report Street Department Me have finished all of the street repairs for need for winter plowing. We have one patch on Piper Rd and the Dakota Rail crossing at Fairview Ln. yet to complete and we will not be getting any more asphalt. We hauled quite a bit of material out of lost lake this month. We will have very little to move when we move to Ninnetrista. Water Department The meter installation are just about complete. As of 10-3294 we have 2921 installed. There is about 300 left to install. we have had our training on the reading devices and 3oyce is training on the computer. We flushed fire hydrants this week. Sewer Department The L.S. project is moving very well. We have 6 station on line now with the other 5 to be on line in a couple of weeks. We repaired a sewer line on Piper Rd. that cause the driveway apron to settle. printed on recycled paper J,,J Ii I ,I, , I~, I ~11 06-- Oct-- 94 TO: FROM: RE: MAYOR, CITY COUNCIL AND CITY MANAGER GINO BUSINARO, FINANCE DIRECTOR SEPTEMBER FINANCE DEPARTMENT REPORT Investment activity Balance: september Ii 1994 Bought: $5,901,993 Money Market 4M - Income Reinvested 3 Money Market SB - Income Reinvested 51 Money Market 1st B - Income Reinvested 576 CP Smith Barney 4.87 183,968 CP Smith Barney 4.74 258,724 Money Market First Bank 100,000 Money Market Smith Barney 60,000 Matured: Money Market Smith Barney (58,724) Money Market First Bank (200,000) CP First Bank 4.10 (99,508) CP Smith Barney 4.80 (119,544) CP Smith Barney 4.29 (99,502) CP Smith Barney 4.53 (372,187) $5,555,850 Balance: september 30, 1994 GFOA Annual State Conference The 1994 Minnesota Government Finance Officers Annual Conference was held in Alexandria, MN on September 21-23, 1994. It was a very productive three days for me. I had the opportunity to meet and to talk to a good number of city finance officers, investment advisers, and other people involved in municipal finances. The conference was well prepared and allowed me to attend highly informative presentations. John Norman, the present president of the Mn GFOA, did an excellent job in leading the official meetings of the organization. I appreciate the opportunity given me to attend and I thank the City Council and the City Manager. Water Meter System As the new meters are being installed, Joyce is doing her best to keep the billing process moving. Not an easy task. She has to deal with the limitations of the software, the old meter readings and the new meter readings, and differences between the outside readers and the inside meter. Once all the meters have been replaced and the software has been installed properly, hopefully things will get back to normal. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 6, 1994 TO: CITY MANAGER FROM: CITY CLERK SEPTEMBER MONTHLY REPORT The City had 2 regular Council Meetings, in September. 18 resolutions were prepared. There was Agenda preparation for each meeting and items to clear up after each meeting. The Primary Election was September 13, 1994. We had a 29% voter turnout this year. The one nice thing about this election was that the entire City of Mound in now in one Congressional District again, #3. As you may remember two years ago we had 2 split precincts and were in two districts, 2 & 6. The special assessment hearings will be held in October. These special assessments are for Central Business District Parking Maintenance, unpaid mowing charges, and delinquent utility bills which will be placed upon taxes. Hearing notices were made up and have been submitted to the newspaper for publication. The mailed notice requires additional information and this also was done. There were over 300 delinquent utility bill letters worth a little over $56,000. All notices were mailed. The tax books have to be consulted on each one of the proposed assessments to be sure the notice is mailed to the proper person. There were the usual calls, questions and research done on specific items during the month. printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 October 4, 1994 TO: FROM: SUBJECT: MAYOR, CITY COUNCIL AND CITY MANAGER JOEL KRUMM, LIQUOR OPERATIONS MANAGER SEPTEMBER, 1994 MONTHLY REPORT Simply put, the gross sales for the month of September were (in the vernacular of today's youth) awesome. I thought we were doing extremely well in September of 1993 when the sales were $113,106. We surpassed that figure last month by $10,081! Thus, with 3/4 of the year behind us, sales to this point are $1,O91,728. That puts us $38,404 ahead of last year at this time. As I mentioned in last month's report, I expect to have an average October and November. However, I also anticipate that with the way Christmas and New Year's fall this year, we should have our biggest month ever. Keep your fingers crossed, knock on wood, throw salt over your shoulder, do what you have to to keep things rolling. If you are a holder of Visa or Mastercard, you may now use them to purchase items at your Mound Liquor Store. I have always had an ethical problem with the purchase of alcohol on a credit card basis, especially the revolving interest types. Times have changed. Banks are offering "Debit Cards" more and more these days. These cards will eventually, someday, replace the checkbook. People have been inquiring lately as to why we don't offer this service. Rather than lose sales, I determined it was time to move into the "90's". The drawback is the start up cost plus the percentage they charge us for each transaction. But if we can average more than $25,000 in usage in a calendar year, then the percentage charge will drop. To meet this goal, we need to average slightly over $81 day. We had the system up and operating the last week in September. For the first week, we had $452 in Visa/Mastercard sales which equates to $75 a day. People will use it more and more when they find out we are offering this service and I see no problem in achieving our goal. I see this really helping us especially when we have a lot of "out of towners" visiting us in the summer. And of course it will be used a great deal during the holidays. This will be a great benefit to us and will help to further increase sales. I would like to give thanks to Ed Shukle, who gave me the go ahead, to Gino Businaro, who can figure out the implementations much easier than I can, and to Gayle Burns, who now has more paperwork to handle. JK:ls printed on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PARKS DEPARTM'E SEPTEMBER 1994 MONTI-II,Y REPORT Parks As always, the fall season begins the preparation for winter. We begin by completing projects that have been put off due to the beaches and mowing taking the most time during the summer. The staff is down to two seasonal workers now, and they will be around until the first of November. We have pulled all of the picnic tables from the parks and are repairing them now. This time is better for this due to the spring time being too busy and seasonal personnel coming back later in the spring. We have removed to old baseball field back stop at Langdon Park in preparation for the new one planned fro next year. Plans for the improvements at Dundee and Edgewater Parks are being rough drawn for the Park Commission. I have contacted the Minnesota Tree Trust again for installation in the spring and they said they would be able to do it. They id a great job at Mound Bay Park this year and are a real benefit for providing this service. Docks We are finishing up with the repair work required by the removal of the two boat houses on Devon Commons. What's left is the finish work at 4737 Island View Drive where the home owner is re- landscaping and the compensatory removal of fill to provide for the fill that was placed in the two boat house sites that was below the flood plain. The seasonal beaches have been opened up for boat removal and the dock inspector will begin rounds for insuring proper dock storage. Tree Removal One tree was removed and two areas were trimmed on City property during September. Three other trees are marked for removal and one for trimming that will be done in October. Cemetery September saw no burials and the staking of open plots won't be done until the middle of October. ,: RECEIVED OCT 3 LAKE MINNETONKA CONSERVATION DISTRICT Meeting Notice and Agenda Hennepin County Sheriff's Water Patrol Review of Joint and Cooperative Agreement and 1993 Recommendations 7:30 am, Wednesday, October 5, 1994 American Legion Club, 949 Wayzata Blvd. E., Wayzata Welcome and introductions, Lake Use and Recreation Committee Chair Bert Foster 1993 recommendations review as outlined on letter of 11/3/93; 1994 code enforcement operational review. Sgt. Bill Chandler; Joint and Cooperative Agreement review for recommendation to the Lake Use and Recreation Committee; 1994 recommendations to supplement the Joint and Cooperative Agreement; 6. Additional business; 7. Adjourn RECEIVED OCT L~KE I~'rNNETONI~ CON~ERV~TI'ON DT~TR'reT ® 7:30 am, Saturday, October 8, 1994 Norwest Bank Bldg, 900 E Wayzata Blvd, Rm 135 (Elevator handicapped access, west entrance, Wayzata Blvd) D_~ ~ to establish a Special Rule for Non-continuous Shoreline of Dock Use Areas in Close Proximity; Bo~er Building Corp., multiple dock license application for Pelican Point Development, spring Park Bay, Mound, to consider: a. MN DNR Bureau of Real Estate Management letter of 9/23/94 re. island ownership by Ralph Turnquist; b. Public Hearing Report and Findings; c. Revised site plan showing water depths, with 40 slips positioned north of island on the mainland; d. LMCD response to Environmental Assessment Worksheet recommending: > Lake protection from erosion during construction meeting LMCD Runoff Management Plan Policy 4 affecting water runoff quality and quantity; > Control green area (lawn) runoff to lake by use of natural vegetation buffer strip and control use and types of lawn fertilizers affecting quality of water runoff; > Use of dock lighting which avoids offensive impacts on the water surface; Wayzata Lakewalk; third draft dated 9/29/94 of PUD ordinance as amended by committee, presented by Scott Richards, Northwest Associated Consultants, Inc., for City of Wayzata; ,,Envelope" Subcommittee, set final meeting to review recommendations; Pending issues before the committee (not ready for action): A. Minnetonka Yacht Clu~, Deephaven, Carsons Bay; new multiple dock license application pending resolution of issue regarding shoreline ownership; B. Minnetonka Boat Works, Wayzata, Wayzata Bay; new multiple dock license, special density license and dock length variance applications; Pending applicant's revised site plan with all structures within 200'; 6. Additional business (9/30) 3977 .: RECEIVED OCT 3 199 LAKE MINNETONKA CONSERVATION DISTRICT ORDINANCE NO. AN ORDINANCE RELATING TO SHORELINE REQUIREMENTS AND CALCULATION OF BOAT STORAGE DENSITY ON LAKE MINNETONKA; AMENDING LMCD CODE SECTION 2.02 BY ADDING SUBDIVISION 5 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, Section 2.02 is amended by adding new subdivision 5 as follows: Subd. 5. Special Rule for Non-Continuous Shoreline of Dock Use Areas in Close Proximity. The Board may authorize shoreline from one or more sites (the "transferor sites") to be counted as part of another site (the "transferee site") for the purpose of computing permissible boat storage density. Applications for permission to transfer boat storage density shall be made in accordance with the procedures set forth in section 2.03 and shall be processed as a part of the applicant's multiple or commercial dock Ucense application. Criteria to be considered by the Board in evaluating whether to approve such application shall include all criteria set forth in Section 2.03, subd. 3a). No such permission to transfer boat storage density shall be g'ranted by the Board unless the following additional conditions are met: a) The dock use areas of each transferor site and the transferee site may be no more than 150 feet apart. b) The credit for boat storage density transferred from any transferor site may not exceed one restricted watercraft for each 100 feet of shoreUne of the transferor site (with fractional watercraft counted in accordance with subdivision !). c) The total boat storage at the transferee site may not exceed one restricted watercraft for each 35 feet of shoreline of the transferee site (with fractional watercraft counted in accordance with subdivision 1). d) No variances, other than temporary low water variances, may be ~anted for construction of docks at the transferee site. e) Neither transferor site nor transferee site may have shoreline comprised in whole or in part of wetlands. f) As long as the transferee site is used for the storage of more restricted watercraft than this Code would allow without the transfer of boat storage density under th_is subdivision: i) the transferor sites and the transferee site must be in common ownership; and CLL76705 LKl10-13 fi) no docks or boat sto~age is permitted on the t~nsferor sites; and ~, the transferor sites must be maintained in essent!~]!y'a natural state and may not be used for residential dwelilng ul~its or commercial uses. This ordinance is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board this day of ., 1994. William Johnstone, Chair ATTEST: Douglas E. Babcock, Secretar~ (:L~76705 LT~.X0-13 (Rev. 7-92) the premises, if different from the applicant, (d) if the applicant is not the owner, an explanation of the interest which the applicant has in the property, (e) a showing that all requisite permits, licenses and approvals from the local municipality have been obtained and that the requirements of any other governmental authority have been met, and (f) a plan showing the design and location of the facility including all Boat Storage Units. The application shall include such other information as the Executive Director may require to assist the Board in consideration of the application for the license. The application shall also be accompanied by a license fee which shall be established from time- to-time by resolution of the Board; provided that no fee shall be required for applications for launching ramps owned and operated by municipalities or other governmental agencies which are available for use by the general public without payment of fees or other charges. An additional deposit in an amount established from time to time by resolution of the Board shall accompany the application to cover legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District. The Board shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the District for any legal, surveying, engineering, inspection, maintenance or other expenses incurred by the District in excess of the amount of the deposit. No such deposit shall be required in the case of renewal applications under Subdivision 13 of this Section or new license applications required by Subdivision 6 of this Section which do not require a public hearing, unless a hearing is requested by the applicant pursuant to Section 1.06, Subd. 12. Subd. 2a. As Built Survey. Upon completion of the dock installation, the licensee shall provide an as-built survey of the docks and site indicating the 929.4 foot shoreline, a line indicating the 100 foot distance from shore, dock dimensions, setbacks from property lines and witness marks for seasonal docks. The Executive Director may waive this requirement for seasonal docks. ~ ..~ '-- Subd. 3. Issuance of License. Licenses required by this section may be issued after a public hearing by the Board. Proceed- ings for the issuance of~a license and the granting of a variance under Section 1.07 may be combined and conducted as one proceeding. The Board may impose conditions on the granting of a license, which conditions shall be in writing. a) Review Criteria. In exercising its discretion in granting or denying licenses, the Board may consider, among other things, the following: 1) Whether the proposed facility is compatible with the LMCD watercraft density classification criteria. -20- (Rev. 7-92) 2) Whether the proposed facility will be structurally safe for use by the intended users. 3) the facility will comply with the regulations contained in this ordinance. 4) Whether the proposed facility will create a volume of traffic on the Lake in the vicinity of the facility which will tend to be unsafe or which will cause an undue burden on traffic upon the Lake in the vicinity of the facility. 5) Whether the proposed facility will be compatible with the adjacent development. 6) Whether the proposed facility will be compatible with the maintenance of the natural beauty of the Lake. 7) Whether the proposed facility will affect the quality of the water of the Lake and the ecology of the Lake. 8) Whether the proposed facility, by reason of noise, fumes or other nuisance characteristics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. 9) Whether adequate sanitary and parking facilities will be provided in connection with the proposed facility. 10) Whether the proposed facility will serve the general public as opposed to a limited segment of the public or a limited geographical area. 11) Whether the facility will obstruct or occupy too great an area of the public water in relationship to its utility to the general public. b) Factors Not Considered. The use of multiple dock or mooring areas or launching ramps on the Lake for the purpose of increasing non-riparian property values is not a valid consideration in licensing such facilities. Subd. 4. Implied Consent to Inspection. By making application for a license, the applicant consents to permitting officers and agents of the district to enter upon the applicant's premises at all reasonable times to investigate the application and to determine whether the ordinances of the district are being complied with. The application form shall contain a statement to this effect. Subd. 5. Construction and Maintenance Standards. Construction of licensed multiple docks or mooring areas, launching ramps and commercial docks must comply with all local, state and federal -21- DNa INFORMATION (612) 296-6157 STATE OF DEPARTMENT OF NATURAL RESOURCES 3O 5C)~_ LAFAYETTE ROAD * ST. PAUL, MINNESOTA * 55155-40,~ September 23, I994 RECEIVED 3 lgg Mr. Ralph Turnquist RE: PELICAN POINT ISLAND (Tract 38, of Township 117 North, Range 23 West, of the Fifth Principal Meridian, Minnesota) Dear Mr. Turnquist: We have been advised by the Bureau of Land flanagement, Eastern States, Division of Cadastral Survey, that their ]969 survey erroneously concluded that the above mentioned island existed as such in 1858, when Minnesota was admitted to the Union. 7~ey acknowledge that the island was actually part of a penninsula prior to 1914. It is therefore their opinion that, the United States having previously divested its interest in the island, the transfer of the island to the State of Minnesota under the Minnesota Public Lands Improvement Act of 1990 is void. Based on this finding, a copy of which is attached, the department has withdrawn1 its claim to Pelican Point Island. We have instructed our legal counsel to prepare a quit claim deed for the record. Please contact John Nelmberger (296-7946) or Sharon Hall (297-2582), in the Bureau of Real Estate Management, if you have any questions about this matter. Sincerely, 297-2572 Attachment cc: i %.. Judd Broyer, [lidamerica Bank Jeff Lang, Chicago Title and Insurance Co. John Boyem, Boyer Bui]ding Corp. Eugene Strommen, ].ake Mtnnetonka Conservation District Ed Shukle, Mound City M~naqer Alan Held SEP [; D i994 LAKE MINNETONKA CONSERVATION DISTRICT Public Hearing: Boyer Building Corp., Multiple Dock License Application, Pelican Point Development, Mound~ Spring Park Bay Meeting: 8 A.M., Saturdays July 9, 1994 Norwest Bank Bldg., Wayzata, Room 135 Members Present: Douglas Babcock, Chair, Spring Park; James Grathwol, Excelsior; Jos. Zwak, Greenwood; Wm. Johnstone, Minne- tonka; Gene Partyka, Minnetrista; Robert Rascop, Shorewood; Duane Markus, Wayzata; Herb Suerth, Woodland.i Also Present: Charles LeFevere, LMCD Counsel; Rachel Thibault, Administrative Techni- cian; Eugene Strommen, Executive Director. Chair Babcock convened the Public Hearing at 8 A.M. The committee received a packet from Thibault, dated 7/1/94, describing the application of John Boyer, Treasurer, Boyer Bldging Corp., for a new multiple dock license. The application is for a 40 slip seasonal dock on Outlot C of the proposed Peli- can Point development on Spring Park Bay in Mound. The packet included a letter from LeFevere, dated 6/28/94, site plans and a letter from Skip Johnson, Mayor, City of Mound. LeFevere's letter reviewed the issues involved with the transferring of density credit for 12 slips from the island which is not contiguous, to the mainland at Pelican Point development which has shoreline for 28 slips, to allow all the 40 slips on the mainland. The letter from Mayor Johnson stated that the City of Mound supports the 40 slip dock on the mainland. John Blumentritt, representing the developer, used a 1989 aerial photograph of the property to explain the development. The proposal is to develop 20 sites with two single story town- houses on each lot. The property consists of 15.5 acres on the mainland and .75 acre on the island. There will be an accessory structure on Outlot C. Outlot C comprises the entire shoreline of the development and will be controlled by a homeowners associ- ation. He said the City of Mound has given a go-ahead for the 40 docks. Blumentritt said they have contacted the MnDNR. The time line is to begin construction in the fall of 1994 with a three year time frame for completion. John Boyer, Developer, said that at one time the island was a peninsula. In about 1910 a channel was dredged to create a harbor between the mainland and the island. In 1979 a court established that the land under the water of the channel is the property of the people of the State of Minnesota without affect- ing the riparian rights of the owners. Boyer said the shoreline frontage of 1,387 feet on the mainland will allow 28 boat slips. The island frontage of 1,471 feet will allow 29 boat slips, for a total of 57 slips. The application is for 40 slips in one location on the mainland to leave the island in a natural state. Boyer said the site plan submitted for the dock location is not accurate. Water depth tests indicate the dock will have to be located further to the northwest. PUBLIC HEARING - Boyer Building Corp. July 9, 1994 Grathwol observed that the District has not, in the past, considered that everyone in a development is entitled to a slip. Grathwol asked if Boyer would consider a conservation easement of some type for the island as an amenity. Boyer said the intent is to preserve the island as is with a picnic site on a natural flat area. Blumentritt said their desire to leave the island natural is one reason for placing the docks on the mainland rather than on the island. Johnstone asked LeFevere to comment on the use of the island as lakeshore for the development and the possibility of granting a variance for the 40 slips on the mainland based on an agreement that the island will not be developed. LeFevere said rather than granting a variance there would have to be a code amendment recognizing non-contiguous lakeshore under certain circumstances for density purposes. -LeFevere's letter of 6/30/94 details the problems which could arise if restrictions and limitations are not put on such a transfer. Johnstone asked LeFevere if the District could require a conservation easement for the island. LeFevere said he would be reluctant to state that the District has a right to do that on land. He did say the District could require that there be no dockage on the island with the transfer of the rights to the mainland. If, for instance, a dwelling were to be built on the island in the future, there would have to be a transfer of dock- age from the mainland back to the island. Markus asked if there are other similar circumstances on the Lake. Partyka mentioned the large wetland island at the Carlson property in Minnetrista. Other locations such as Spray Island were mentioned. Skip Johnson, Mayor, City of Mound, said the Boyer proposal is the best proposal the city has seen for the use of the proper- ty. He said that if the property were to be subdivided into 50' lots the boat density would be greater, 40 slips makes more sense than 56 docks divided between the mainland and the island, one- half of the property has no docks on it. Johnson said the neigh- bors are in favor of this development. Ed Chanin, Maslon, Edeman, Borman & Brand, said he is will- ing to work with LeFevere'to develop a code change which will not create problems on the other areas of the Lake. Ail interested parties having been given an opportunity to be heard, the Public Hearing was closed at 8:34 A.M. Findings: Boyer Building Corp. has submitted an application for a 40- slip multiple dock at the proposed Pelican Point Development on Spring Park Bay in Mound. The 40 slip dock is proposed to be located on the mainland, on Outlot C, which comprises the entire shoreline of the development plus an island, will be commonly owned by a homeowners association. PUBLIC HEARING - Boyer Building Corp. July 9, 1994 There are 1387 feet of shoreline on the mainland of Outlot C and 1471 feet of shoreline on the island. The LMCD Code, Sect. 2.02, Subd. 1, would allow 1 boat per 50' of contigu- ous shoreline or 28 boat storage units (BSU) on the mainland and 29 BSU on the island. The applicant wishes to transfer 12 BSUs from the island and put 40 slips on the mainland, leaving the island natural with no docks. However, the code does not allow for the transfer of BSU's from non-contiguous sites. The City of Mound supports allowing a 40 slip dock on the mainland, rather than have dockage on the island. A code amendment is required before the transfer of BSUs from the island to the mainland could be allowed. The applicant advised that the site plan submitted 6/30/94 will not work because of inadequate water depths. A new site plan will be prepared for the next meeting. WATER STRUCTURES COMMITTEE MEETING July 9, 1994 Babcock expressed the committee's appreciation to the City of Mound for its communication. Babcock noted that, in the case of municipalities, the District al lows the transfer of density by combining non- contiguous shoreline, including fire alleys, in shoreland calcu- 1 at ions. Orathwol said his reaction to the information he has is that 28 slips is enough. He doesn't see a way to allow the transfer of density without creating the problems mentioned by LeFevere. The only way he would consider this is if a positive public benefit were obtained by the transfer of density from the island. He believes the MnDNR would limit putting bridges out to the island. He could see a limitation on the use of the island which would limit the District's exposure to transferring the density. Babcock said the LMCD ordinances do not al Iow what the applicant is asking, as t'he island was not contiguous as of 1978. LeFevere said it is clear that the ordinances would have to be changed. A variance would not apply in this case. Johnstone said he i.s not, at this time, in favor of an ordinance change to allow this. He said there may be ways of eliminating the risk. If the District limits the applicants to 28 slips with the rest on the island it wouldn't be restricting them from the normal use of their property. Given that they can use the shoreline, the Board could look at a minor amendment to the ordinance to permit non-contiguous land being combined. For the committee's information, the portion of the property description referring to the public easement for the channel was read. LeFevere said the public has rights within the channel, not affecting the riparian rights of the island owner. The reference to riparian rights should not confuse the issue, the application should be considered treating the island as separate from the mainland as shown on the drawings. 3 9f3' PUBLIC HEARING - Boyer Building Corp. JULY 9, 1994 WATER STRUCTURES COMMITTEE July 9, 1994 Skip Johnson, Mayor, City of Mound, said there are criteria for granting variances. In this case there may be a reason for a variance because a governmental agency developed the channel , creating a hardship for the owner. Thibault said she understands a previous owner dredged the channel. John Blumentritt, representing the developer, said he has talked to the ~4nDNR regarding annexing the mainland and the island with a seasonal bridge. The response from the DNR was that is something to consider but they do not favor it. The DNR favors the mainland configuration. Babcock observed that in light of the current ordinances, the island cannot be considered as a contiguous parcel. The committee is also waiting for a new _site plan for the docks and the water depths. The cbmmittee can consider how many boats it wants to see at this site or the application can be tabled for a month. Grathwol said he believes the committee needs more informa- tion. He would not want to proceed ahead of the applicant. He would want to know what kind of dock will be built and its loca- tion. Grathwol said if there is a transfer of boat slip credits from the island to the mainland there has to be something posi- tive for the public. Ed Chanin, Maslon, Edelman, Borman & Brand, attorneys representing the applicant, said they would be happy to go along with some public benefit as a condition. He said it is important for the project to know whether there wil 1 be 40 or 28 slips. Chanin asked for L~ICD approval for 40 slips on the mainland, pro- vided they meet certain conditions in an ordinance amendment so as to not create problems on the rest of the Lake. They are agreeable to conditions for preserving the island in a natural state. Babcock suggested al lowing the transfer of dockage rights from the island to the mainland at 25% of the normal 1:50' level, not allowing any dockage on the island, without any vari- ances at the destination site. Johnstone advised the developer that at the present time they are entitled to no more than 28 slips on the mainland. If they proceed with a purchase agreement they are doing it at their own risk. Johnstone said he is prepared to look at an .amendment to the code which would allow a transfer under certain circum- stances. He would advise the applicant to work on something which would answer the questions raised at this meeting. Responding to a question from Rascop, LeFevere said the island could be dedicated to the public through the city or the state. LeFevere said he understood the applicant was willing to leave the island natural, but was not talking about a public use of the island. Blumentritt said the property is being developed under a homeowners association agreement (HOA). The property adjacent to the lakeshore, Outlot C, is owned by the association. The island could have restrictions in tile HOA, that it will be left in a natural state. He said the homeowners do not ~vant the public to bring boats to the island. 4 PUBLIC HEARING - Boyer Building Corp. JULY 9, 1994 WATER STRUCTURES COMMITTEE July 9, 1994 Rascop asked if Mound allows docks on property without a principal structure. Mayor Johnson responded that it does. Grathwol said he would find the application more passable if the public had some rights such as a conservation easement on the island, not necessarily picnicking and camping. A conservation easement would be to limit development on ~the island and enhance the natural appearance. Partyka said another option could be a layout with 28 slips on the mainland and 12 on the island with the possibility of transferring 12 to the mainland. Partyka said he would support an ordinance amendment with tight controls to allow this. Babcock asked if the island could be developed for a house. It was understood that it would not be possible because of set- back requirements. Babcock suggested the following directions to the LMCD staff and the developer's attorney in considering an amendment to the ordinance: . 1. In transferring Boat Storage Units (BSU) from non-con- tiguous sites they must be immediately adjacent or within a limited distance. 2. The amount to be transferred to be limited to a percent- age of the available BSUs. 3. There is to be some public amenity. 4. The area to which the BSUs are being transferred must be practical for development without any variances. 5. Wetlands are to be excluded. 6. All docking rights are to be transferred from the one site to the other in total. 7. Allow the Board the right to turn down the transfer if it impedes navigation, the boat density is too high, or it creates an unforeseen situation. 8. The staff is to determine what other islands around the Lake are available for development. Grathwol said trying to determine where the 929.4' OHWL is in wetlands can be difficult. Item 5 was discussed as to whether it is more desirable to transfer BSUs from wetlands to developable property than to have 500' long docks through the wetlands. Mayor Johnson said this development is more desirable at 40 slips than if the property were to be developed in individual lakeshore lots with the maximum boat storage at each site. He added that in many cases the private property owner will rent out boat slips the owner does not need. Rascop suggested rental of slips by homeowners is solvable if the city has an ordinance prohibiting commercial use in a residential area. Babcock said the law requiring titling of boats may help in the enforcement of renting slips at private property. Blumentritt asked about the possibility of extending the dock out more than 100' if the water depths require it. That would require a variance and the public hearing process could delay action further. Babcock suggested staying within the 100' LeFevere suggest'ed the developer submit several options for the dock location. ~'.~,±C~N..FU±N'±' - Boyer Suilding Corp. dULY 9, 19~4 WATER STRUCTURES COMMITTEE July 9, 1994 The executive director reported the City of Mound has pre- pared an Environmental Assessment Worksheet (EAW) for the Pelican Point development. He provided the committee with the EAW high- lights, dated 7/8/94, supplementing information provided in the LMCD new multiple dock license application. The EAW is open for comments through 8/20/94. The executive director said he will talk to the Environmen- tal Quality Board (EQB) to see if the EAW will satisfy the re- quirements for a response from the District on the docks as well as for the land. Docks are identified in the EAW. The LMCD comments include a mention of the effect of lighting on the Lake. MOTION: Partyka moved, Zwak seconded, to table the Pelican Point application to the next Water Structures Committee meeting. VOTE: Motion carried unanimously. I I I I I I I. I I ! I I .r" LAKE MINNETONKA CONSERVATION DISTRICT August 23, 1994 TO: FROM: Executive Director Eug SUBJECT: Environmental Assessment Worksheet (EAW) for the Pelican Point Multi-family Residential Development BACKGROUND: The Lake Minnetonka Conservation District (LMCD) received information on the above EAW. On June 2 the LMCD received an application from Ralph Turnquist/Boyer Building Corp. for a New Multiple Dock License for 40 boat storage units (BSU). A public hearing was conducted July 9 by the LMCD Water Structures Committee on the above application. The public hearing findings point out that a code amendment would be required before the applicant could transfer BSU's from the island to the mainland. The applicant also determined that the site plan submitted June 30 will not work because of inadequate water depths. A new site plan is to be prepared by the applicant. The committee tabled the application to the next Water Structures Committee meeting to allow the applicant the opportunity to prepare a revised dock plan taking into account various options discussed by the committee. The applicant advised that it was not prepared to appear before the committee in August and asked for the application to be held until the September me'ting. The LMCD Water Structures Committee also received an LMCD staff summary of the EAW at its July 9 meeting. The committee took no issue with the points made in the staff summary, copy attached. The committee was concerned as to whether the LMCD would be required to conduct a separate EAW for the dock application, since the dock is expected to exceed 20,000 sq. ft., the threshold where an EAW is required. LMCD staff learned from Environmental Quality Board staff that as long as there are no objections to docks being included in the development as presented in the EAW, the EQB would not require a separate EAW on the dock installation. LMCD staff finds that the dock references in the EAW fairly state the developer's intent regarding the inclusion of a multiple dock facility in the development. LMCD points out that it does not yet have a specific dock plan that it can EAW COMMENTS, Pelican Point Development, 8/23/94, P. 2 consider as to how the dev%loper will locate the 40 slips in relation to the property in question. Dock is estimated to be 0.7 acres in area. EAW COMMENTS: LMCD staff offers the following comments on points made in the EAW: LAKE IMPACT: > The forty (40) boat dock will be roughly 60 feet away from shore. COMMENT: The developer's June 30 dock plan indicates that the dock structure will likely extend to 100 feet away from shore. This distance is within the allowances of the LMCD Code. > Dock will contact shore by only a single pier. COMMENT: LMCD code would not prohibit more than a single shore contact by the dock. Erosion control measures will be installed during construction, and once site is developed an on-site stormwater system (basin) will control stormwater discharge to the lake. COMMENT: LMCD Management Plan Runoff Management Policy 4 calls for protection of the lake from detrimental effects of serious erosion during construction and to ensure that runoff from the developed site is of good quality. Cities are encouraged to require erosion and sedimentation control plans as further identified in this policy. PHYSICAL IMPACTS ON WATER RESOURCES: > Existing drainage ditch on and adjacent to site channels runoff into the lake. > Sedimentation pond will be constructed in upland area with outflow structure, skimmer device. Runoff QUANTITIES after development will not exceed current levels. COMMENT. Same reference to above comment on erosion control, concerning Runoff Management Policy 4, addressing the QUALITY of water receiving the lake as well as the QUANTITY. WATER QUALITY -- SURFACE WATER RUNOFF: > Overland flow from roofs, green areas to lake. COMMENT: Roof drainage expected to flow through properly designed sedimentation basin meeting Policy 4 concerns noted above. Green area runoff to the lake can be effectively improved as to water quality by EAW COMMENTS, Pelican Point Development, 8/23/94, P. 3 providing for a buffer strip of natural vegetation between the standar~ residential lawn and the lake. Natural vegetation buffer strip guidelines are available through the Hennepin Conservation District and MN DNR. Controlled use and types of lawn fertilizers also effect the quality of water runoff. ADVERSE VISUAL IMPACTS: > While the applicant states there are no visual impacts the LMCD Lake Use Committee has been evaluating the impact of light glare from docks and lakeshore structures beaming intrusively out over the water. The city is understood to be sensitive to this concern. The LMCD will work with the developer on dock lighting which avoids offensive impacts on the water surface. The LMCD Water Structures Committee, Board of Directors and staff are prepared to continue working with Boyer Building Corp. and Mound city officials and staff in arriving at a quality development for the city and a compatible environmental and recreational outcome for Lake Minnetonka. CC: Boyer Building Corp. LMCD Board Representative Tom Reese LMCD Water STructures Committee DNR Metro Waters, Ceil Strauss Hennepin Conservation District, Carolyn Dindorf 3 f3 J, ,il J ,m, Jll~, I Attorneys at Law · A. ALSOP H. BATTY j. BUBLrL JOHN B. DEAN MARY G. DOBBINS STEFANIE N. GALEY CORRINE A. HEINE JAMES $. HOLMES DAVID J. KENNEDY JOHN R. LARSON WELLINGTON H. LAW CHARLES L. LEFEVERE JOHN M. LEFEVRE, JR. ROBERT J. LINDALL July 21, 1994 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Facsimile (612} 337-9310 WRITER'S DIRECT DIAL 1612) 337-9215 ROBERT C. LONG LAURA K. MOLLET BARBARA L. PORTWOOD JAMES M. STROMMEN JAMES J. THOMSON, JR, LARRY M. WERTHEIM BONNIE L. WILKINS GARY P. WINTER DAVID L. GRAVEN (1920-1901) OF COUNSEL ROBERT C. CARLSON ROBERT L. DAVIDSON T. JAY SALMEN Mr. Ed Chanin 90 South 7th Street #3300 Minneapolis, MN 55402 RE: Pelican Point Development Dear Mr. Chanin: I represent the Lake Minnetonka Conservation District (LMCD) as legal counsel. The LMCD is a public body of the state of Minnesota created and operating pursuant to Minnesota Statutes, § 103B.601 et seq. You have requested that I provide you with a letter describing the operation of the LMCD Code of Ordinances as it applies to a proposed development by Boyer Building Corporation on Pelican Point in the city of Mound, Minnesota. I have been informed that the applicant in this case owns mainland real property on the shore of Lake Minnetonka with a shoreline of approximately 1,387 feet and a nearby island which is not attached to the mainland with a shoreline of approximately 1,471 feet. The applicant is seeking approval from the LMCD to construct a multiple dock facility for 40 boat slips. A license from the LMCD is required by LMCD section 2.03. Under section 2.02 of the code, no docks may be constructed on the lake which provide storage for more than one restricted watercraft for each 50 feet of continuous shoreline on a site on the lake. Under the current code provisions, the application of this rule would allow up to 28 slips on the mainland and 29 slips on the island, assuming the shoreline measurements noted above are correct. The current code provisions do not allow the combination of shoreline for the mainland and the island. However, there is no prohibition in the code against construction of slips on the island as a separate site. The density limitations just described establish a maximum limit of slips which may be licensed under the LMCD code. However, the code does not establish an automatic entitlement to ~ ,c_o~nstruct the maximum number of slips allowed. In considering whether to approve a license, JUL 8 2 I9:9 4 . LKllO-4 L.M.C.D. Mr. Ed Chanin July 21, 1994 Page 2 the LMCD considers a number of factors which are set forth in section 2.03 of the code. I have attached a copy of section 2.03 for your reference. Following a public hearing and consideration by the board of the LMCD of the review criteria set forth in section 2.03, subd. 3, the board may decide not to authorize the full number of watercraft which might be permitted under section 2.02. Until final action is taken by the board of directors, I can give no assurances that the maximum number of slips will be allowed. However, I am not aware of any factors at this time which would lead me to believe that the board would limit the number of slips constructed to a number which is less 28 slips on the mainland and 29 slips on the island assuming an appropriate and acceptable size and configuration of dock facilities. Very truly yours, Charles L. LeFevere CLL:ckr cc: Gene Strommen  73519 10-4 PHONE NO. STATE OF DEPARTMENT OF NATURAL RESOURCES METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 772-7910 FILE NO. July 25, 1994 Mr. John Boyer Boyer Building Corporation 18283A Minnetonka Boulevard Wayzata, MN 55391 RE: PERMIT APPLICATION 94-6240, 40-SLIP SEASONAL DOCK, SPRING PARK BAY, LAKE MINNETONKA (27-133-11). Dear Mr. Boyer: This is to advise you that the agency comment period for your permit application is over; however, there are three main outstanding issues to be addressed before a final permit decision is made: As I indicated when we initially discussed your application, you will need to provide sounding information so that we can evaluate the current water depths in the proposed docking area. We are concerned that there not be a recurrent need for excavation. We are aware that the Lake Minnetonka Conservation District is reviewing issues in regard to the number of dock slips requested and is considering amendment of their codes. The environmental review process, i.e., for. the Environmental Assessment Worksheet, must be complete before the Department of Natural Resources can issue a permit. We understand items #2 and #3 are in progress. The water depth information requested in item #1 should be forwarded to this office once it is available. Please contact me at 772-7910 should you have any questions. Sincerely, Ceil Strauss Area Hydrologist CCS/MM/cs ~-" c: Gene Strommen, LMCD . Mark Koegler, City of Mound JUL 2 7 1994 Aid I=~IIAI OPPC)I::JTIINITY I:::MPlC)YI:::I::I i OUTLOT C NOT FOR CONSTRUCTION ~OYER BUILDING CORPOR&TION 7033 LMCD P.O1 We~nelday, Sa~rday, (change) Monday Monday Monday, We~jn elda~, 5 8 10 17 19 21 24 26 LM~D MEETING SCHEDULE (corrected ~chedule) OCTGBER, 1994 Hennep~n Count~ Sheriff' I Water Patrol Operational and Annual Contract Agreement Review, 7; American Legion 9Ol~ 9118, 949 Wayzata Blvd. E., Wayzata Water Structures Co~ittee 8:15am, %135 Norwelt BiA~Bldg. (s~art time changed from Legal Holiday - Office el#led La~e Use & Recreation ComnU. ttee 5:45pm, #135 Norwel~ Ban~Bldg. (Itart C/.n)e c~a.nged from ~:&Spm 5:30pm) ~ebra]~Bse~ ~d Szo~icl Action Plan Su~com~tttee 8:30am, 9160 Norwelt BA--k Bldg. EurallanWa~er Mill#il Talk B:30am, 0135 Norwes~ Bn~k Bldg. Save the La~e Subcon~ttee 4:30pm, 0160 Norwelt Ba~cBldg. Adminimtrative Comn~ttee 6:30pm, Ton]ca ]~¥ Ci~ Ball Board of Di=ectorl Regulam 7:30pm, Tonka Ba¥ Ci~ Hall ;O RECEIVED OCT '-3 LAKE MINNETONKA CONSERVATION DISTRICT SPECIAL EVENT CALENDAR OCTOBER 1994 SAT, lST SUN, 2ND SAT, 8TH SUN, 9TH SAT, 15TH SAT, 23RD 10:00 AM 7:00 AM 9:00 AM 10:00 AM 9:00 AM 10:00 AM 10:00 AM WYC Sailboat Race, Commodore Cup Course Viking Bassmasters, Park Tavern WYC Sailboat Race, Main Lower Lake WYC Sailboat Race, Commodore Cup Course WYC Sailboat Race, Main Lower Lake WYC Sailboat Race, Commodore Cup Course WYC Sailboat Race, Main Lower Lake LAKE MINNETONKA CONSERVATION DISTRICT ORDINANCE NO. AN ORDINANCE RELATING TO SHORELINE REQUIREMENTS AND CALCULATION OF BOAT STORAGE DENSITY ON LAKE MINNETONKA; AMENDING LMCD CODE SECTION 2.02 BY ADDING SUBDIVISION 5 THE BOARD OF DIRECTORS OF THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) ORDAINS that the LMCD Code of Ordinances, Section 2.02 is amended by adding new subdivision 5 as follows: Subd. 5. Special Rule for Non-Continuous Shoreline of Dock Use Areas in Close Proximity. The Board may authorize shoreline from one or more sites (the "transferor sites") to be counted as part of another site (the "transferee site") for the purpose of computing permissible boat storage density. Applications for permission to transfer boat storage density shall be made in accordance with the procedures set forth in section 2.03 and shall be processed as a part of the applicant's multiple or commercial dock license application. Criteria to be considered by the Board in evaluating whether to approve such application shall include all criteria set forth in Section 2.03, subd. 3a). No such permission to transfer boat storage density shall be granted by the Board unless the following additional conditions are met: a) The dock use areas of each transferor site and the transferee site may be no more than 150 feet apart. b) The credit for boat storage density transferred from any transferor site may not exceed one restricted watercraft for each 100 feet of shoreline of the transferor site (with fractional watercraft counted in accordance with subdivision 1). c) The total boat storage at the transferee site may not exceed one restricted watercraft for each 35 feet of shoreline of the transferee site (with fractional watercraft counted in accordance with subdivision 1). d) No variances, other than temporary low water variances, may be granted for construction of docks at the transferee site. e) Neither transferor site nor transferee site may have shoreline comprised in whole or in part of wetlands. f) As long as the transferee site is used for the storage of more restricted watercraft than this Code would allow without the transfer of boat storage density under this subdivision: i) the transferor sites and the transferee site must be in common ownership; and CLL76705 LKl10-13 iff) no docks or boat storage is permitted on the transferor sites; and the transferor sites must be maintained in essentially a natural state and may not be used for residential dwelling units or commercial uses. This ordinance is in effect from and after its passage and publication in accordance with the enabling act of the District. It is enacted by a majority vote of all the members of the Board and has the effect of an ordinance. Adopted by the LMCD Board this day of , 1994. William Johnstone, Chair ATTEST: Douglas E. Babcock, Secretary CLL76705 LKl10-13 REPORT OF THE 1992 LAKE MINNE TONKA LAKE ACCESS TASK FORCE To The Lake Minnetonka Conservation District July 27, 1994 1992 LIvICD Lake ~ Access Task Force Report TABLE OF CONTENTS Surmnary and Conclusions History and Back~ound ........................................................................................ 3 Introduction Task Force Goals Existing Access Goal of' 700 Car/Trailer Parking Spaces ................................................................. Elimination of' Street Car/Trailer Parldng ............................................................... 7 Parking Standards for Car/Trailer Parking ............................................................. 7 Parking Inventory .................................................................................................. 8 Parking Agreements and DNR Cost Sharing .......................................................... New Access Sites Equitable Distribution Marina Potential for Lake Access ' lO Proceedings Summary .......................................................................................... 11 Acknowledgments ............... Appendix: 1 Roster of Members ......................................................................... 2 Map of Access Sites, Commercial Marinas ..................................... 13 3 Parking Standards 4 Current and Potential car/trailer parking inventory ......................... i' 16 $ Lake access model parking agreement ............................................ 17 6 Minnesota DNR Landowners Bill of Rights .................................... 20 7 Lake Minnetonka DNR Acquisition Process ................................... 23 $ Access site evaluation criteria ......................................................... 25 9 Lake Zone Map ............. : ................................................................ 26 10 Proceedings Stmunary ................................................................... 27 1992 LMCD Lake lv~innemnka Access Task Force Report Il ,i I SUMMARY AND CONCLUSIONS Access to Lake Minnetonka via riparian homeowners, commercial marinas, yacht clubs, out lot docks, and municipal docks primarily for non-riparian property owners is signi6cant in quantity and percent of overall access and generally of high quality. There is a lack of quality, free, reliable ear/trailer parking/'or boats wanting to access Lake Minnetonka via boat launch ramps. There is not a lack of poor quality free ear/trailer parking. Currently, there are over 700 spaces used on the busiest days. Poor quality parking results in residents complaining about boateffs intrusive behavior and excessive traffic congestion. It results in extreme frustration by boaters over the lack of a decent place to park to go boating on Lake E~mnetonka This generates tension between the local community interest and the ear/trailer boater interest. I/the ear/trailers currently parked near the lake could be put in well organized places with adequate, safe parking conditions with car/trailer turnarounds, the local communities would benefit from reduced congestion and less intrusion on their neighborhoods. The task force reaffirmed the conclusions of two prior studies that 700 high quality, free, reliable car/trailer parking spaces are fair and reasonable for Lake l~finneto~ and are achievable. The Task Force concluded that when quality .free reliable car/trailer parking spaces are provided in a zone, all other street car/trailer parking ought to be closed in that zone with enforced "no car trailer parking signs" Because over 700 car/trailer spots are used today, providing 700 quality free, reliable, car/trailer spaces will not increase the number of boats on the lake but actually create a modest reduction. Every other year, the Lake Minnetonka Conservation District (LMCD) is to certify Coy count) and publish on a map showing the locations and the number of free, reliable, car/trailer parking spaces that meet the standards established by this task force. Car/trailer parking meeting the physical standards noted elsewhere in this report will be certifiable by the LMCD as counting toward the 700 goal on the following basis. a. 100% of the street or remote lot parking spaces will count if: · There is a parking agreement OR · The street or remote parking is posted "car/trailer only" b. 80% of the street or remote lot parking spaces will count if: · There are signs at the launch ramp showing where to park. · There are street signs pointing out the direction to the launch ramp · The ramp and parking location can be put on an access map. c. 60% of the street or remote lot parking spaces will count if: · none of the above conditions are met Page 1 1992 LMCD Lake Minnetanka Access Task Force Report d. The LMCD will work cooperatively with the cities, Hennepin County, and the Department of Natural Resources (DNR) to replace spaces should they be lost for car tra/ler parking. 10. E~isting ramps without tumarounds that require backing car/trailers offbusy county roads or city streets should be closed only after a quality facility meeting the standards has been completed to replace it. l l. To achieve the goal of ?00 car/trailer parking spaces cooperation is needed a. Additional parking agreements are needed for as many existing sites as possible. This may include payments by the DNR under cooperative agreements. b. Some street and remote lots need "car/trailer only" signs. c. Signs need to be placed at launch ramps showing where to park. d. Street signs need to be installed showing direction to the ramps. e. The LMCD and the DNR need to negotiate with some commercial marinas to provide free car/trailer parking for the public that can be certified. Negotiations may include payments by the DNR and/or other incentives by the LMCD. f. Make ready docks need to be installed at ramps where remote car/trailer parking is used. g. New access sites (launch ramps) need to be developed with the cooperation of the local cities, the LMCD, the DNR, and with other agencies of government. The majority of funding ought to come from regional and/or state sources. Cities are not usually expected to pay a significant portion of improved car/trailer parking even though their local community may benefit The 1993 LMCD Car/Trailer Parking Inventory Total In Use that Meet Total 1992 Total in the Additional Total In Current and Total in Use that Reliability Future Use =nd_ Potential Use or Meet the Stalldard & plnnn~d plnnn~4 Parking Space Car/Trailer Av~ilnhl¢iPhysical LMCD to be LMCD Categories Inventory Today Standard Certified In Access Lots 36o 259 239 239 124: 363 In Remote lots 93 93 70 43 2'/ 70 On the Street 282 21/i 114 97 17 (1) 83 GRAND TOTAL 735 567 423 379 168 516 (I) ~,"udkr ~a~o~ will I~ ,limimmd in fla~ vicim~ of No~th Ann ~d Maxw~ Bay u pm of ~n a~r~mmt wi~h O~mo, wt~m fl~ DNR ~ac~ ~ IVa.x~ Bay i~ in op~r~io~ 13. For the new public access at Maxwell Bay successful cooperation with Orono and additional regional or state funding will be required. 14. Car/trailer access must be distributed equitably around the lake. When a community can not provide access, that community needs to help fund accesses in neighboring communities. Communities without access may be asked to pay an equitable share for maintenance to communities with car/trailer parking. Page 2 ~0/10/1994 10:21 612--4724435 TO P/~GE 81 LAKE MINNETONKA .CONSERVATIO. N DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 WAYZATA. MINNESOTA 55391 TELEPHONE 612/473-7033 EUGENE R. STROMMEN, EXECUTIVE DIRECTOR BOARD MEMBERB William A. Johnstone Chair, Mlnnetonka Tom Penn Vice Chair, Tonka Bay Douglas E. Bal~o~k Secretary, ,~:~'ing Park Treasurer, Shorew~ Mike Bloom MIn~ton~ Beth Al~e~ (Be~) Fosler James N. ~rG~wol Excelsior Ronald Kline Min~et~sta Dua~e Magus Wayzata Cra~ ~liel V~torie ~omas W. R~se Mound He~ J. Sue~ Wetland Jos~h Zwak Gree~wo~ TO: MOUND CITY COUNCIL DA,Ti: OCtlgBB3~ 10,199~ PROM: TOM l~E-q~, LMCD li~3q~A~ 2.0 [-,b M,,------o~ pi.,., 2.1 TIm flMl Lalm N:m~ mpo~ vas tssmd Ibis moMIt. :3.0 3.1 LMCD~fm'IggSm: Jm~,clmir;DoujBeh:uck, vim CIJ~, Bob ibemp, TmmJr, --~ .be Zvuk, b:mm~.. 3.20qx:d tuum' 3.3 00'4, Recycl,e~ C~flte~t b~t rout .lbvun. llayer, b dev~ elm dM nat pmvMe ~ lhe ~cumsamtt~ mqumrUd. Unft~nntmly I vu out of urn vben tim commtJe nmltnj om ~is ibm vas bold. I viii be vmktnj this vuek m me vIBI mm lm C,/ Tomb ~c. OeJ~,BmJohMmm 1992 LMCD Lake l~inneton~ Access Tas~ Force Report HISTORY AND BACKGROUND Launch ramps and car-trailer parking at Lake ]V[innctonica have been under discussion for many years. The Minnesota State Constitution states that the waters of the state will be free and open to the public. The Department of Natural Resources (DNR) in response to the Outdoor Recreation Act 1975 (Minnesota Statue 86A_01-1 l) established a policy to "provide free and adequate public access to all of Minnesota's lakes consistent with demand and resource capabilities". This policy has been carried out throughout the state, usually with the cooperation of the local community which usually sees a launch ramp with free car/trailer parking as a benefit. To obtain this flee access, the DN'R set policies for what constitutes reliable, free car/trailer parking. The DNR attempts to u~e the following guidelines: 1. One car/trailer parking space for every 20 acres of lake surface Lake lVfinneto~'s 14,000 acres requires a minimum of 700 spaces. 2. Ramps with remote lots must have signs showing where to park the ear/trailer. 3. There must be street si~e,n.~ on major roads near the ramp showing the direction to the ramp. 4. Car/trailer parking spaces must be in sight and less than 1500 feet from the launch ramp. 5. Street or remote lot parking doesn~ count. 6. Car/trailer parking spaces must be available 24 hours per day, 7 days per week. 7. Car only spots for ear-top boats don~ count. 8. Parking must be free except in parks where the same fee is charged all park users. Because the DNR did not recognize existing car/trailer parking spaces that did not meet their standards they determined that there were only 143 car/trailer parldng spaces on Lake lVfmnetonka. They published information and testified before various bodies that there were only 143 car/trailer parking spaces for Lake Minnetonka when there should be 700 minimum according to their standard of one per twenty acres. People outside the lake area communities got the impression that the Lake area was trying to keep people off "their lake" so they could keep it for themselves. The DNR continued to pursue a policy of trying to obtain launch ramps and car/trailer parking on Lake lVfinneto~. On the other hand, the local lake area communities believed counts showing 1,000 to 1,200 empty trailers attached to cars parked around the lake on the busiest days. They claimed there were substantially more than the 700 car/trailer parking spaces and the lake didn't need any more car/trailer parking. In fact, they claimed that the boats offthe trailers were the major cause of the increased crowding on the lake. What followed was more than a decade of struggles between the DNR and the local Lake l~metonka communities over launch ramps and free car/trailer parking. In 1982, the DNR announced plans to purchase property at King's Point to develop a launch ramp with free car/trailer parking that met their standards. The local communities claimed 1,200 car/trailer spaces existed and vigorously objected to the DNR plan. In 1983, an appeal to the governor resulted in the launch ramp project being canceled and a Governors Access Study Commission being appointed to study access on Lake lVfmnetonka. (The King's Point launch ramp was built in 1987). The commission issued a report that: 1. Public parking availability is a crucial component of adequate boat launch facilities. 2. 700 car/trailer parking spaces is fair and reasonable for Lake lVfinnetonka. 3. Equitable distribution of car/trailer parking around the lake is desirable. 4. Parking standards for Lake Minnetonka may need to be adjusted. Page 3 1992 LMCD !-~1~ Minneumka Access Task Force Report After the report was issued, there was no rush to build the 700 car/uailer parking places by any body or agency. The lake area commllnities believed there were more than the 700 car/trailer parking spaces called for in the report and the lake didn~ need another 700. They questioned why the local communities should pay to build car/trailer paridng for people outside their area, even though commtlrlity residents were also users. Because of the lack of action in providing for the needed car/tra~er parking, the Metropolitan Council did another lake access study in 1986. It confirmed the 700 car/trailer parking space amount as being a fair and reasonable number. In 1987, as a result of no action in providing car/trailer parking spaces and no plans to build them, the Metropolitan Council told the LMCD that they would seek state legislative action for a regional or state agency to take over governing of Lake 1Winnetonka to be assured the car/trailer parking was provided, unless the LMCD prepared a formal plan showing how the car/trailer parking would be accomplished. The LMCD believed the car/trailer parking could not-be considered without developing an overall long range management plan for the lake that would include adequate free car/trailer parking. The LMCD Management Plan was published at the end of 1990 and approved in December 1991. The LMCD Management Plan which the DNK, the Metropolitan Council, the cities and many others helped develop, reaffirmed the 700 car/trailer parking space goal as being fair and reasonable. Three additional fundamental points were discussed: 1. For Lake 1Wmnetonka 700 parking spaces would be both the minimum and the maximum. 2. Once the 700 car/trailer spaces are established, other street ear/trailer parking ought to be eliminated. The dries and the county will be encouraged to erect and enforce "no car/trailer parking" signs as long as the 700 goal continues to be met. 3. The LMCD, with assistance from the DNR, should review the existing parking quality standards to determine if some adjustments could be made for the special situation on Lake Minnetonka. In the fall of 1991, the DNR took an option on property on Maxwell Bay with the intent of developing a launcli ramp with free car/trailer parking. Objections surfaced in the city ofOrono. Orono tried to persuade the DNR not to exercise its option on the property until a plan for the entire lake was developed according to the LMCD management plan. At this time, the LMCD was just beginning to ortpmize its Access Committee. When the DNR purchased the Maxwell Bay property, the DNR commissioner wrote a letter to both the LMCD and the city of Orono. The letter stated thst the DNR would postpone development of the Maxwell Bay property until a task force appointed by the LMCD developed a detailed plan for car/trailer parking for all of Lake lVrmnetonka. Page 4 1992 LMCD Lake lV{inneltllka Acc. e~ Task Force Report INTRODUCTION The Lake Access Task Force was recommended by the commissioner of the DNR. and convened by a LMCD resolution in January, 1992. The purpose of this task force was to develop a detailed plan to meet the lake access objectives in the LMCD Management Plan for Lake lVfmnetonka. The LMCD invited representatives fi.om 1. Its member dries 2. Government agencies sharing responsibility for the management of Lake Minnetonka, including; the DNR, Metropolitan Council, Hennepin County, Hennepin Parks, the lVfinnehaha Creek Watershed District 0VlCWD), and others. 3. Interested citizen's groups such as the Minnesota Sportfishing Congress (MSC), Fisherman Advocating Intelligent Regulation (FAIR), the Lake Minnetonka Lakeshore Owners Association (LMLOA), and others For a roster, see APPENDIX 1, page 12. Subcommittees of this group conducted detailed studies and submitted their reports to the task force. Meetings began in March of 1992 and continued through May of 1993. Statffi.om the LMCD and the DNR assisted. Participants gave generously of their time and support. The LMCD Lake Access Committee drafted this final report. Appendices to this report contain information to document: 1. Task Force spokespersons (ORIGINAL DESIGNEES) 2. Existing public access sites and commercial marinas (map 1) 3. Standards for car/trailer parking; 4. 1992 Current and Potential Car/Trailer Parking Inventory 5. Model Parking Agreement 6. DNR Landowners Bill of Rights 7. DNR Acquisition Procedure 8. Access site criteria for evaluation 9. Lake Zone Map 2 10. Proceedings summary TASK FORCE GOALS The goals adopted by the 1992 Task Force were to: 1. Review all types of existing boater access to Lake lVlinneto~.* 2. Affirm the prior goal of 700 certifiable car/trailer parking spaces for reliable flee public access to Lake Minnetonka. 3. Affirm the Management Plan goal of closing street parking to car/trailers as the 700 car/trailer parking goal is reached. 4. Establish standards for certifying car/trailer parking that meet the special needs of Lake Minnetonka and the boating public. 5. Conduct a reliable, detailed inventory of existing car/trailer parking spaces. Count potential car/trailer parking spaces. 6. Develop a model car/trailer parking agreement and obtain agreements where possible. 7. Explore prospective access sites and develop a list of sites for potential development. 8. Review the principle and define equitable distribution. 9. Examine the possibility for commercial marinas to provide some free public car/trailer parking. Page 5 1992 LMCD !-~ Minneton~ Access Task Force Repart * The focus of this Task Force was on the free public access to the lake via car/trailer parking at boat launch ramps. In the process ofthi~ study, a review was made of many other kinds of access, see APPENDIX 2, page 13. EXISTING ACCESS The Task Force reviewed the studies done by the LMCD, DNR, earlier task forces, 1991 and 1992 I. aMCD boat count, the 1992 LMLOA car/trailer count study, and the 1993 Jabbour aerial car/trailer survey. The following table categorizes access to Lake Minn~'~onka. Boat Storage Count and Nice Weekend In Use Boat Count by Origination 1992 Max Ave Percent Boats Percent of Boats Peak Peak of Stored Stored that are Count Use Boats at docks Active on the Water Count On the & Racks Water Where Boats Originate (4) (1) MaxPeakAvgPe. ak (2)(5) (3)(5) (5) Riparian Residents & Out Lots 5,973 9% 6% 530 379 29 % Comm'l Marinas & Yacht Clubs 1,862 29% 21% 549 392 30 % Municipal docks 1,012 33% 23% 329 235 18 % Car/trailer launch ramp 421 300 23 % TOTAL 8,847 1,829 1,306 100 % 1. From 1992 LMCD Boat Count adjusted by estimating empty racks & unrented slips at Commercial Marinas, Yacht Clubs, and Municipal docks 2. Single Weekend Day Peak Use Study: 1984=1836, 1986=2142, 1987=2252, 1992=1829 3. Average Weekend Peak Use Study: 1984=1318, 1986=1453, 1987=1370, 1992=1306 4. Active maximum peak use count uses estimate assuming the average peak use proportions remain constant for the maximum peak use. 5. 1992 LMCD/DNR aerial count of boats in use on nice Saturday and Sunday afternoons. GOAL OF 700 CAR/TRAILER PARKING SPACES The task force confirmed the goal of 700 reliable free car/trailer parking spaces (meeting the standards of appendix 3) and agreed with the goal of closing street parking to car/wailers as the 700 car/trailer parking goal becomes established. This agrees with the 1991 LMCD Management Plan. It is compatible with the policy of one parking place for every 20 acres of water surface. It is the minimum number of spaces required under the DNR public water access program in the metropolitan area. The goal of 700 was first established by the task forces of 1983 and confirmed in the study of 1986. It is conservative, considering that the demand for boating recreation exceeds 1 parking space per 20 acres of water on most of the metropolitan area lakes. Compared to standards in other paces of the cotmtry, it is also conservative. Some states provide 1 parking space per 10 acres of water surface. Page 6 1992 LMCD Lake Mi,~,~¢lonim Access Ta~k Force The Task Force considered lowering the goal. The Lake/VEtma~o~ Lake Shore Owners Association (LMLOA) believes that 700 parking spaces would increase boat density and reduce the enjoyment of the lake by lakeshore users. Taking into consideration that there are over 700 car/wailer spaces used to access the lake now, and street parking will be eliminated when the 700 goal is reached, the net effect will be fewer boats on the lake and no increases in density. Thus, the 700 goal was reaffirmed. ELIMINATION OF STREET CAR/TRAILER PARKING There was consideration in the 1.2vlCD Management Plan whereby other street car/trailer parking would be eliminated as the goal of 700 was being established, and when the 700 goal was complete, all other street parking ought to be removed as a way of limiting crowding on the lake. Task Force data made clear that currently, on a good day many more than 700 car/trailers are parked around the lake. Therefore, when the 700 goal is met and other street parking is abolished there will be a net decrease in boats on the lake fi.om car/trailers. PARKING STANDARDS FOR CAR/TRAILER PARKING Earlier task force parking standards for quality, reliable fi'ce car/trailer parking for Lake Mirmetonka were reviewed. Access design, location of parking, security of personal property, and safety of boaters maneuvering their car/trailers, were among considerations discussed in reaching agreement on the physical standards. After much discussion the Task Force adopted the following physical standards: see APPENDIX 3, pages 14 and 15: 1. 700 is a fair and reasonable number without increases in the future. 2. Car/trailer parking must be within 2000 feet of the ramp. 3. Street or remote lot car/trailer parking over 1500 feet fi.om a ramp must have a make ready dock.. 4. 350 of the 700 spaces must be available 7 days per week, 24 hours per day. 700 must be available on weekends, of which 350 may have limited hours. 5. Up to 10% of the spaces at any one ramp may be spaces for ears only (assumes cartop boats). 6. Parking must be free except in parks where the same fee is charged all park users. 7. Ramps off busy highways or streets must have a turnaround to prevent car/trailers from backing down fi.om busy roads. The Task Force agreed that every other year the LMCD should take a physical inventory of the actual car/trailer parking around the lake and certify the number that meet the above physical standards as well as reliability standards listed below.. Car/trailer parking space meeting the physical standards listed in APPENDIX 3 will be certifiable by the LMCD as counting toward the 700 goal on the following basis: a. 100% of the street or remote lot parking spaces will count if: · There is a parking agreement OR · The street or remote parking is signed "car/trailer only" b. 80% of the street or remote lot parking spaces will' count if.' · There are signs at the launch ramp showing where to park. · There are street signs pointing out the direction to the launch ramp. · The ramp and parking locations can be put on an access map c. 60% of the street or remote lot parking spaces will count if none of the above are met. Reliable parking meets the standards of appendix 3. The Task Force recommends upgrading all parki~ to reduce undesirable parking. The changes fi.om prior standards allow the Task Force greater flexibility Page 7 1992 LMCD Lake Minn~to~l~, Access Task Force Report in cerfif3ring more car/trailer parking spaces. As can be seen in this report, the number increased from 143 to 516. PARKING INVENTORY To determine the number of existing and potential car/trailer parking spaces capable ofbeing certified to the neWly adopted standards, data was gathered from a variety of sources and in a number of ways. Site lists were provided by LMCD member cities. Site visits were made and aerial photographs were used. Spaces inventoried included: 1. Parking in on-site lots at existing lake access points 2. Available on-street parking within 2,000 feet 3. Off-site lots, public and private 4. Future additional committed spaces 5. Car/trailer parking spaces potentially available The total potential car/trailer parking spaces certifiable to the new physical standards was 73 5. The original inventory is in APPENDIX 4, page 16. Substantially higher numbers of car/trailers are being parked free at peak times in good weather than the inventory has identified. The 1993 LMCD Car/Trailer Parking 1992 Total In Use Total Current and Total in that Meet the Additional Total in Potential Total Use that Reliability Future Use and Parking Space Car/Trailer In Use or Meet the Standard & pL~nn~l plnnn~! Categories Inventory Available Physical LMCD to be LMCD (1) Today Standard Ce~fi_,~t Certifi~q Ce~fi~ In Access Lots No~h Arm 65 80 80 80 0 80 Grays Bay Cswa¥ 37 37 17 17 0 17 Grays Bay Dam 20 20 20 20 0 20 Spring Park 148 86 86 86 0: · - 86 Kings Point 0 32 32 32 0 32 Phelps Bay 10 4 4 4 0 4: Henn. Reg. Park 80 0 0 0~ 48 48 Maxwell Bay N/A 0 .0: 0 76 76 SUBTOTAL 360 259 239 239 124 363 ha Remote lots Carsons Bay 93 93 70 43 27 70 On the Street North Arm 31 31 31 31 0 (2) 0 W'tlliams St. 40 40 40 40 0 40 Cooks Bay 110 43 43 26 17 43 Wayzata Bay 101 101 0 0! 0 0 SUBTOTAL 282 215 114 97 17 83; GRAND IOIAL 735 567 423i 379 168 516 Page 8 1992 LMCD Lake IV~innetonka Access Task Force Report (1) Includes credit for spaces reserved in lots for car top carried watercraft, 7 at North Arm Access, and 3 at Grays Bay Dam. (2) 31 car/trailer spaces will be eliminated in the vicinity of North Arm and Maxwell Bay as part of an agreement with Orono when the DNR access at Maxwell Bay is in operation. The Task Force recognizes there is additional car/trailer parking beyond 2000 feet that is available today and not part of the above count. It, also, recognizes there are additional small launch ramps in usc and available today that are not in the above count. This report adopts a new and lower inventory in an effort to be very conservative alter consultation with Hermepin County and the cities. The revised total inventory of 516 car trailer spaces represents parking that is available now, or that can reasonably be made available on a stable long-term basis. There are approximately 379 car/trailer parking spaces currently available and that are being certified by the LMCD. Of these, approximately 282 spaces are in public access lots. An additional 97 spaces are in on-street parking sites. Approximately 168 future spaces are either committed or negotiable. Note that when Maxwell Bay is completed, 31 on street spaces will be eliminated. This results in a total of 516 potential car/trailer parking spaces that are now believed to be available or planned and which meet the new parking standards and that can be certified by the LMCD. Parking agreements need to be reached with communities, counties, agencies and private commercial marinas to convert some existing parking from uncertified to certified. PARKING AGREEMENTS AND DNR COST SHARING One result of the 1986 task force was the improvement in the process that secures parking spaces at or near existing public access sites that can be considered to be "reliable". To make new or existing parking reliable over the years a parking agreement can be secured with the property owner that requires the car/trailer parking to remain available in place unless canceled under the agreement. If the parking spaces are lost, a good faith effort will be made to replace them with other parking spaces somewhere else. The LMCD and the DNR will assist communities to relocate them. The Task Force continued this recommendation and developed a current model agreement. The Lake Access Parking Agreement form for evaluating public access parking agreements are provided in APPENDIX 5, pages 17-19. These agreements should be between the LMCD and the local unit of government or property owner. The DNR will assist with these agreements by providing funding where appropriate. The DNR can share cost with cities and/or agencies on access and parking facilities improvement, including land acquisition. The DNR by cooperative agreement can reimburse cities for dedicated free ear/trailer parking. The DNR Landowners Bill of Rights describes the procedure used by the DNR in the purchase of potential access sites. The Lake 1Wmnetonka acquisition process is the DNR commitment to work cooperatively in this area. see APPENDIX 6 and 7 pages 20-24. The first agreement was signed in May of 1993 with the City of Minnetrista. The agreement with that city was for a total of 44 parking spaces at the following sites: 1. Williams Street in Halsteds Bay: 40 car/trailer parking spaces 2. Tuxedo Boulevard in Phelps Bay: 4 car/trailer parking spaces Page 9 1992 LlVlCD Lake Mi,~,~etonka ~r~'es___~ Task Force Report Other sites also have a high potential for adding to reliable parking by agreement, namely: 1. Orono: a. Hennepin County North Arm ramp and on-site lot (80 spaces) b. County Road 51, serving Heunepin County North Arm ramp (31 spaces) 2. Spring Park, Spring Park Bay, with accompanying county maintenance yard nearby in Orono (86 spaces) 3. Deephaven: a. Carsons Bay, 1Vfmnetonka Blvd. ramp with city maintenance lot (30 spaces) b. Carsons Bay, Minnetonka Blvd. ramp with school lot on V'mehill Road (40 spaces) 4. Wayzata: Wayzata Bay County Road 16 ramp, County Road 16 (40 spaces) 5. Mound: Mound Park Bay ramp, Cooks Bay (43 spaces) NEW ACCESS SITES The Task Force recommends the following sites as having the potential for becoming lake access sites. The Site Evaluation Criteria are provided in APPENDIX 8, page 25. Potential Sites 1. Tonka Bay City Dock, channel to Gideons Bay 2. Timber Lane, Gideons Bay, Shorewood 3. lVlal-Tai Restaurant Site, Excelsior Bay, Excelsior (property was sold) . 4. 456 Arlington Ave., Wayzata Bay (private residence), Wayzata 5. Pelican Point, Spring Park Bay, Mound 6. Lost Lake, Cooks Bay, Mound 7. Advance Machine, West Arm, Spring Park Grays Bay Causeway The unimproved substandard public access on Trunk Highway 101 will not be redeveloped as planned. This represents a setback for public access development. The 32 spaces planned for the causeway had been considered committed. The 1Wmnesota Department of Transportation has abandoned plans to improve the site. However, Wayzata and Minnetonka are continuing discussions about improvements at the site. Max,,ell Bay Up to 76 additional car/wailer parking spaces may be provided when the launch ramp is in place at Maxwell Bay, Orono. This site continues to be examined. DN-R Trails & Waterways and the City of Orono are negotiating to purchase alternate properties. EQUITABLE DISTRIBUTION Subcommittees discussed equitable distribution of car/trailer parking at Lake 1Vi]nnetonka. The principle adopted in earlier task force reports of dividing the lake into zones with equitable distribution was endorsed, see APPENDIX 9, page 25. Each city is encouraged to contribute to the overall goal. [fit cannot contribute it may be asked to make voluntary payments for maintenance to those cities who do provide car/trailer access. Page 10 1992 LMCD Lake ~ Access Task Force Report MARINA POTENTIAL FOR LAKE ACCESS During the summer months most marinas have relatively empty boat storage lots that have the potential for parking car/trailers if the marina has a launch ramp. Many now provide some fee based boat launching service. These marinas could possibly provide some free car/trailer parking and ramp use to the public. The operators or owners might expect some type of reimbursement. The DNR could possibly provide funding and the LMCD will cooperate. The Task Force identified six conditions and issues to be considered in determining the potential free public access use of marinas: 1. Ability to extend existing capacity. 2. Extent to which a mnrina already serves the public through fee paid access. (Fee paid public access does not meet the definition of fi'ce and open public access.) 3. Attitude of nearby homeowners toward public access use. 4. Duration of public use, considered for a trial basis only until proven feasible. 5. Management issues, such as reserving parking for public use, and compensation to the marina owner consistent with public access operations and public policy. 6. Possible DNR funding constraints from annual operations budgets and overall cost effectiveness. PROCEEDINGS SUMMARY The Lake Access Task Force study is documented in a proceedings summary. This chronology highlights the various subcommittee, committee, and Task Force meetings which took place among city, agency, and community organizations. These groups participated in the research, deliberations and consensus findings. See APPENDIX 10, pages 27-35. ACKNOWLEDGMENTS This study depended upon collaboration of community representatives, municipal, regional" and state officials. Task Force meetings provided a public platform for full discussion of access to Lake Minnetonka. Subcommittee members invested extensive volunteer hours. All participants deserve recognition. The Task force thanks every individual and organization for their contributions. Page l l NAME 1992 LAKE ACCESS TASK FORCE DESIGNATED SPOKESPERSON (Original Appointees by Organizations) POSITION/TITLE Appendix 1 ORGANIZATION James N. Grathwol (Task Force Chair) Richard Engebretson Lucille Crow Alan M. Albrecht Ann Perry Tom Markle Wally Clevenger Skip Johnson Gabriel Jabbour Kfisty Stover Jerry Rockvam Vern Haug Jerry Schmieg Barry Petit Nick Duff Tad Jude Douglas Bryant Don Germanson Thomas S. Maple Gary Larson John F. Schneider Beverly Blomberg Board Member Mayor Mayor Mayor Planning Director City Council Mayor Mayor City Council City Council Mayor Mayor Mayor City Council Mayor Commissioner Superintendent President Manager Co-Char President Orono Resident LMCD, City of Excelsior City of Deephaven City of Excelsior City of Greenwood City of Minnetonka City of Minnetonka Beach City of Minnetrista City of Mound City of Orono City of Shorewood City of Spring Park City of Tonka Bay City of Victoria City of Wayzata City of Woodland Hennepin County Hermepin Parks Lake Minnetonka Lakeshore Owners Association Minnehaha Creek Watershed District Fisherman Advocating Intelligent Regulation MN Sportfishing Congress Maxwell Bay Residents Dennis Asmussen Mike Markell Gordon Kimball Martha Reger Larry Killien Donald W. Buckhout Eugene R. Strommen Rachel Thibault AGENCY STAFF Director Water Recreation Supervisor Regional Supervisor Area Supervisor Regional Supervisor ADR Coordinator Executive Director Adminis. Technician Page 12 MN DNR Trails & Waterways MN DNR Trails & Waterways MN DN-R Trails & Waterways MN DNR Trails & Waterways MN DNR Trails & Waterways State Office of Planning LMCD LMCD UJ IJJ Z Z <1: LAKE MINNETONKA CONSERVATION DISTRICT Existing Public Access Sites and Commercial Marinas 1 2 2A 3 4 5 6 6A 7 8 9 10 11 12 12A 13 14 15 16 17 18 19 20 20A 21 22 23 24 25 26 27 Beans Greenwood Marina* Causeway - Hwy. 101 Chapman Place Marina Cochrane Boat Yards* Crystal Bay Service* Curlys Minnetonka Marina Deephaven, City of Dennis Boats* Gayle Marina Grays Bay Access (by Dam) Grays Bay Resort & Marina Halsted Drive Access Hendrickson Bridge Access Howards Point Marina Kreslins* Kings Point Access - DNR Lakeside Marina Minnetonka Boat Rental* Minnetonka Boat Works (W) & (O)* Mound, City of North Shore Drive Marina Rockvam Boatyards Sailors World Marina Schmitts Marina* Shorewood Yacht Club & Marina* Spring Park Access Excel Marina Tonka Bay Marina Wayzata, City of Windward Marine* Tuxedo Road Access St Albans Bay Grays Bay Cooks Bay St Albans & Excelsior Crystal Bay Lower Lake South Carsons Bay Lower Lake South Maxwell Bay Grays Bay Grays Bay Halsted Bay North Arm South Upper Lake St Albans Bay Halsted Bay Maxwell Bay Harrisons Bay Wayzata,Tanager,Browns Bay Cooks Bay Maxwell Bay Coffee Cove Smiths Bay Excelsior Bay Gideons Bay Spring Park Bay St Albans Bay Lower Lake South Wayzata Bay Browns Bay Phelps Bay *No launching facilities 11/17/93 Page 13 A PARKING STANDARDS LAKE M1NNETONKA PUBLIC ACCESSES Appendix 3 The 1992 Lake Minnetonka Lake Access Task Force has adopted the goal of 700 long-term reliable spaces for car/trailer parking in the vicinity of present and future access sites at Lake Minnctonka. The Task Force further agrees that the Lake Minnetonka Conservation District (LMCD) implcnaent these standards for identifying and counting of car/trailer parking spaces and monitor progress toward the 700 goal on a continuing basis. The following set of standards has been adopted by thc Task Force for application to Lake Minnctonka: All spaces must be w/thin 2,000' of a public access point. For car/trailers parked between 1,500' and 2,000', a temporary boat mooring facility at the ramp site for a number of boats equal to 10% of the parking spaces must be provided. All parking locations away from the access site should be provided w/th a long-term agreement, three year minimum, w/th five years more desirable, on file w/th the LMCD. Within that time availability, if any designated spaces need to be removed, they must be replaced w/th comparable spaces. The location of parking spaces, either off-street or on-street away from the access site, must be identified by clear, aesthetically attractive, consolidated, capable of being inexpensively updated, signage. Ail off-street spaces must be illustrated on a plan on file with the LMCD. The plan shall clearly indicate each car/trailer space and adequate ingress, egress and maneuvering space. Parking space minimum size standards (in feet): Vehicle only 9 X 19 (Handicapped 12 x 19) Car/trailer 10 X 40 Off-street designated trailer parking on grass is acceptable if vehicle is parked on graded/paved surface. ' All spaces must be available on an unrestricted, first-come-first-served basis, 700 reliable spaces will be available from Memorial Day to Labor Day from 5 pm on Fridays until midnight Sundays, and on holidays. Fifty per cent of reliable spaces will be available weekdays. Hours of availability will be determined by LMCD in cooperation with the DNR. Vehicle-only spaces (no trailer) on public access parking lots can be counted toward the total goal of 700 car/trailer spaces provided that the number of such spaces counted for any given lot does not exceed 10% of the total number of spaces on that lot. (Example: Out of 50 total parking spaces on a lot, seven arc for vehicle only. Only five of thc seven may bc counted toward thc goal of 700 [i.e., 10% of 50=5].) Page 14 LMCD PARKING STANDARDS FOR LAKE MINNETONKA PUBLIC ACCESSES o All on-sweet spaces should meet the following additional standards: 6.1 Minimum length of 50 feet per space. 6.2 Adequate shoulder width to preclude door opening into a traffic lane and to provide a safe route to the access point. 6.3 Of the total non-designated (non-signed) on-street parking spaces, only 80% are considered to be reliable in order to account for non-access related public parking. Designated and signed on-street ear/trailer parking spaces will be counted 100% for car/trailer On-street car/trailer parking spaces must be illustrated on a plan by street name on file with the LMCD. 6.4 6.5 Page 15 LAKE M]NNETONKA CONSERVATION DISTRICT Lake Access Model Parking Agreement Appendix 5 This Agreement is made between the Lake Minnetonka Conservation District (LMCD) and the ( ) both public corporations organized and existing under the laws of the State of Minnesota. WITNES SETH: WHEREAS the LMCD and ( ) are jointly concerned with providing public boating access to Lake Minnetonka, meeting the Parking Standards for Lake Minnetonka, and WHEREAS the LMCD and ( ) recognize that a goal of 700 car/trailer spaces will be provided in the viciniVj of present and future access sites around the lake on as equitable a basis as possible, NOW, THEREFORE, it is agreed by the LMCD and ( ) that the conditions for car/trailer parking for the public access identified on the checklist identified as Exhibit "A" and Parking Site Plan identified as Exhibit "B" meet Parking Standards on the checklist as indicated. IN WITNESS WHEREOF, the LMCD and ( agreement to be duly executed this ~ day of ) have caused this ,19__. LAKE MINNETONKA CONSERVATION DISTRICT: AGENCY/CITY: By By, Page 17 EXHIBrr A Checklist for Evaluating Lake Minnetonka Public Access Car/Trailer Parking Agreements 1. Access Name 2. Access City Lake Zone No. 3. Car/Trailer (C/T) Parking by Location: a. Off-street, on access site ................. (On-site designated trailer parking on grass is acceptable if vehicle is parked on graded or paved surface.) b. Off-street, remote from access site * Distance in feet from access site .. c. On-street, less than 1,500 feet: * Designated signed C/T only, count 100% of C/T parking spaces available ............ * Not signed, count 75% of spaces available d. On-street, 1,501 feet to 2,000 feet: * Designated signed C/T only, count 100% of C/T parking spaces available ............ * Not signed, count 75% of spaces available # of spaces Vehicle Only Parking Spaces - these count up to 10% of total number of C/T spaces on lot: # of standard vehicles spaces 9' x 19' # of handicapped vehicle spaces 12' x 19' Total # of vehicle only spaces Count total vehicle only spaces or 10% of total C/T parking spaces in lots whichever is less 5. Total, car/trailer parking spaces at site ............ COOPERATING PROVISIONS: 1. Access site plan illustrating each C/T space with adequate ingress, egress, and maneuvering space is kept on file and current with LMCD. Initial as accepted: Signage provided at access site is clear, aesthetically attractive, consolidated for easy updating. o All spaces are available on unrestricted, first- come, first-served basis, from Memorial Day to Labor Day, 5:00 pm Friday until midnight Sunday. Fifty percent (50%) of spaces meeting Parking Standards are available weekdays. Page 18 EXHIBIT A Checklist for Evaluating Lake Mirmetonka Public Access Car/Trailer Parking Agreement All on-street parking spaces meet the following standards: a. Minimum length of 50 feet per space. b. Adequate shoulder width to preclude door opening into traffic lane. c. Safe pedestrian route to access point provided. d. On-street car/trailer parking spaces are illustrated and kept current on a plan by street name on file with the LMCD. A temporary boat mooring facility is provided at the ramp site for a number of boats equal to 10% of the C/T parking spaces at the site for C/T parking spaces between 1,501 feet and 2,000 feet. New facilities must meet Federal A.D.A. requirements for handicapped persons. 6. Agency/city reserves the right to make changes in access site plan off-street parking or on-street designated or non-designated parking as public policy priorities may require, with a good faith effort to replace lost C/T spaces at the earliest possible date, notifying the LMCD of anticipated changes. LMCD and MN DNR agree to cooperate with city/agency in relocation of lost slips, including locations elsewhere in the lake, and at other access. City retains approval privilege on any actions of an agency regulating parking allowances or restrictions on county or state highways affecting C/T parking in the vicinity of an access site. 8. Agency/city agrees to enter into this agreement for a period of~ years (five years desired) in recognition of the valuable recreational opportunities offered on Lake Minnetonka. Page 19 Appendix 6 MINNESOTA DEPARTMENT OF NATURAL RESOURCES LANDOWNER'S BILL OF RIGHTS State parks, water access sites, wildlife management areas, state forest, fisheries projects, recreational trails, canoe and boating routes, wild and scenic rivers, scientific and natural areas and the State water bank program all provide recreational opportunities for the general public or protection of the State' natural resources. Each of these programs authorizes either the purchase of the fee title to land or the purchase of a lesser interest in land, such as an easement. Selling land to the Department of Natural Resources is in many ways similar to selling it to a private party, but in other ways is different from standard real estate transactions. Because of the many Federal and State laws that govern land acquisition, it often takes eight months to a year and a half to sell land to the Department of Natural Resources. These laws were designed both to protect private landowners' rights and to assure that public money is well spent to serve the public interest. This letter describes the Department of Natural Resources' land acquisition procedure. Please keep it for future reference. Land Identification The management programs select the tracts of land which they feel would most help'them to carry out their programs. Once your land has been identified for purchase, you will be contacted by a Department of Natural Resources representative who will explain what your land would be used for if it is purchased and will also explain the land acquisition to you. You are free to decide whether or not to sell your land to the State. If you are willing to consider selling it, the State will have your land appraised and you will then decide if you want to sell it at the appraised value. If you do not want to sell your land to the State, you are under no obligation to do so. However, you may be contacted again in the future to see if you might have changed your mind. Appraisal Process The State will hire a qualified appraiser to determine the fair market value of your property. You will be invited to accompany the appraiser during his or her inspection of the property, if you so desire. You also have the right to hire and appraiser to provide an independent opinion of value for your property. You will be notified of the deadline for your appraisal to be submitted if you would like it to be reviewed along with the State's appraisal. After the appraisals are reviewed, a fair market value will be established as just compensation for your property. If your land is purchased by the State, you may be reimbursed up to $500 for the cost of your appraisal providing you submit a copy of that report and a paid receipt for it. It is not necessary for you to submit your appraisal for review in order to be reimbursed for it. Page 20 Landowners Bill of Rights Negotiation Proccs~ The State is not allowed to discuss the price until after the appraisal is completed and will not discuss the price with anyone but the landowner or his agent. Documents regarding the purchase of your property will be public records once the purchase is completed. At the beginning of the negotiation period, you will be given a snmmary of the approved appraisal. This summary will include the final conclusion of value, the total number of acres and types of land appraised, the valuation of all buildings and improvements being purchased, and any special elements of value. The same person who appraised your property for the State will not act as a negotiator for its purchase. Purchase Procedure The Department of Natural Resources will acquire your property by means of an option, which is an offer from the landowner to sell. The option, including all special provisions, legal descriptions and elements of execution, must be reviewed by the State as to its legality and acceptability. The State shall have 15 days after receiving an option to notify the landowner in writing if the option is not approved and the reasons therefore. If you are not notified of an option's disapproval, you should assume it is approved. Unless you request otherwise in writing, the option period shall be no more than two months if no survey is required. If a survey is required, the option period shall be no more than nine months. These time limits do not apply to wildlife management areas that require county board approval. The option period begins on the last date on which the option is signed by a landowner. Before the end of the option period, the State shall decide whether or not to purchase the land and shall notify the landowner of its decision by either a Notice of Election to Purchase or a letter explaining the reasons for not purchasing the property. If the State does not elect to purchase property on which it has approved and accepted an option, it will pay the landowner $500.00 after the option period expires. After signing the option, you have one month to mail or deliver an Abstract of Title to the Depa~went of Natural Resources. If your land title is registered, you should submit your Owner's Duplicate Certificate of Title plus a Registered Property Abstract instead of an Abstract of Title. The State will have the abstract brought up to date at its own expense. Within one month from the Notice of Election to Purchase or delivery of the Abstract,whichever is later, the Attorney General will provide a title opinion which will identify any defects in your title to be cleared up before the purchase can be completed. You will then have 120 days to make your title marketable. The landowner is required to pay all taxes that are due in the year in which the deed or easement is signed, including Green Acres deferred taxes. Once the taxes are paid and all title defects are cured, the Attorney General will send you a Warranty Deed or other conveyance document to sign and return. Page 21 Landowners Bill of Rights I 41 The State pays the abstracting and recording fees related to the sale. If your property is held as security for a loan or advance of credit that requires or permits the imposifon of a pre- payment p~nalty, this penalty shall also be reimbursed by the State. The costs of clearing title defects, payment of taxes and related attorney's fees are not reimbursable. Method of Payrnent Payment for the land is mailed to the landowner after the signed deed or other conveyance document has been recorded and the abstract brought up to date. Depending on the County Recorder's workload, this may take anywhere from two to four weeks. Assuming your title is marketable and you act expeditiously to complete the transaction, payment must be made no later than 90 days after the Notice of Election to Purchase. You may choose to be paid in either a lump sum or in up to four separate payments. The State does not pay interest on monies held during an installment agreement. Vacating Your Property_ You have the fight to continue occupancy of your property until 90 days after the date of the deed. You may stay an addition 90 days by paying a fair market rent to the State, with the prior written approval of the management program for which your property is being purchased. If you do not vacate your property within 180 days of the date of the deed, you will automatically waive your right to any relocation benefits to which you may otherwise be entitled. Relocation Benefits The State is obligated to pay relocation expense any time they displace owners or tenants from their residences, displace a business or cause a business to cease operating. Moving expenses are the most common relocation benefit. A relocation advisor is assigned to work with anyone who might be displaced by State land acquisition to guide them in locating a new home or business. You have the right to accept or reject the State's offer for your property. If you accept the offer, you may receive or waive any relocation assistance, services, payments and benefits. You also have the right to accept the State's offer for the property and to contest the relocation benefits. You have the fight to seek the advice of any attorney regarding any aspect of your land sale. You also have the fight to have the State acquire your land by condemnation at your written request and with the agreement of the Commissioner of the Department of Natural Resources. The primary laws governing Department of Natural Resources land acquisition procedures are, Public Law 91-646 and Minnesota Statutes Section 84.0274. For further information, contact: Department of Natural Resources Bureau of Land Acquisition and Exchange Section 500 Lafayette Road, Box 30 St. Paul, Minnesota 551554030 (612) 2964097 Page 22 Appendix 7 LAKE MINNETONKA ACQUISITION PROCESS This document will describe the process the DNR will use to acquire land on Lake Minnetonka. BACKGROUND A Process to provide Public Water Access (PWA) in the metropolitan area was developed by the Metropolitan Council, The Minnesota Department of Natural Resources (MNDNR), and the State Planning Agency under the direction of the Legislative Commission on Minnesota Resources (LCMR). These agencies produced a document that outlined a Site Selection Criteria, a Lake Ranking system and an Access Priority List. The MNDNR and other public agencies use these procedures to develop accesses in the metropolitan area. This document is available from the Metropolitan Council. PROCESS On a priority bay or lake area, public property is investigated for access suitability. If none is available or useable, a search for suitable sites is begun. Often on heavily developed lakes or bays, the actual acquisition process begins with a parcel of land becoming available that meets the criteria. The MNDNR purchases only from willing sellers and the owner must be willing to sell the parcel for a public water access. When the 1.andowner indicates a willingness to sell, the acquisition process and timeline are explained. If the landowner agrees to proceed, the Landowner Bill of Rights Letter is signed. This letter verifies that the landowner understands the process and has agreed to work with the MNDNR. If the site meets the criteria and the landowner agrees to' proceed, the MNDNR will have the property appraised to determine its fair market value. After the appraisal has been approved, an offer to purchase can be made. If the landowner agrees with the value, then the MNDNR may take an option on thc property. The option will indentify such things as, the land to be purchased, the price, the length of time required to complete the negotiations. After the optiOn is signed by the landowner, the MNDNR, within 5 working days, will notify the city and the LMCD, in writing, of its actions. Notification can not be made prior to the signing of the option due to confidentiality requirements. Page 23 Lake Minnetonka Acquisition Process PUBLIC INVOLVEMENT The proposal will be discussed with the city, (citizens, council members, etc) and other interested members of the public. Assuming there are no valid reasons for rejecting the property or the project, the MNDNR will work and cooperate with the city and the LMCD to complete the acquisition and development.. The MNDNR will use various methods to inform and involve the public. The processes used will include: Formal Public Meetings, Informal Public Meetings, Open Houses, Question and Answer Sessions at City Council Meetings and Meetings with neighbors and concerned individuals. The MNDNR will continue to keep the city and the LMCD informed and involved in the design of the acces from the initial concept stage through final design. Examples of items that will be discussed are: traffic flow, parking lot layout, drainage and runoff, landscaping, signage. This cooperative process does not end with the construction of the access. After the access is developed the MNDNR will continue to work with the city and the residents on access maintenance and operations procedures. Page 24 LAKE ACCESS TASK FORCE ACCESS SITE EVALUATION CRITE~A Appendix 8 These evaluation criteria should be used in selecting potential new access sites for fishing craft and small recreation boats. The standard are not expected to be perfectly achieved. Each should be seriously considered and graded. Other evaluation criteria may be considered on a site-specific basis. Relationship to residential areas -- Positive and negative impacts of the site on adjacent residential areas, such as distance between a site and nearby homes, screening the site from homes, noise, traffic, etc. Accessibility to primary highways - Potential sites near major highways (State Highways 7 and 101, County Roads 19 and 15 are examples) to reduce traffic impact on residential streets. Safety on site, on water and egress to both. Public use precedent -- Sites which are already in public ownership or in commercial or industrial use, or isolated from other residential areas, and where public facilities or services have been provided and accepted, have the least ncighborhood impact. Intensity of boating use near a potential access site -- Sections of the lake where there is intense boating, or crowding in channels, should be downgraded. Cost -- Property acquisition, development and maintenance costs. Physical development constraints -- positive and negative features on land and in the water and changes possible to make the potential site usable. Visual impacts -- Positive and negative visual impressions as seen from land and water. Multiple use opportunities for the site -- Sites that provide shore fishing, pier fishing, picnic areas, toilets, etc., along with boat access are preferred. 9. Site size -- Larger sites with off-street parking are prefe~ed. 10. Environmental considerations -- dredging, fill, run-off control, wetlands preservation, etc. Footnotes: 1. Sites shall not be excluded because there is limited access for large boats. 2. Sites will be preferred that provide equitable distribution. 3. Sellers must be willing, city must cooperate and other agencies must approve. Adopted: March 18, 1993 Page 25 ~ .... lJ J ,,J Ill, II ,11 LL! · o ~ .,-4 ee · · · · · · · · 0 0 N Apendix 10 PROCEEDINGS SUMMARY 1992 LAKE ACCESS TASK FORCE STUDY FOR LAKE MINNETONKA TASK FORCE CHRONOLOGY The initial Task Force meeting was held 3/1F92. Its purpose goal and objectives were introduced as follows: PURPOSE -- to establish a plan to meet the Management Plan lake access policies developed in the 1983 and 1986 Lake Minnetonka Task Force studies. GOAL - coordination of an immediate inter-agency inventory, study and assessment of the car/trailer (c/t) parking spaces at public access ramps to meet the 700 reliable c/t objective. OBJECTIVES: Establish criteria in the LMCD Code for acceptable year-round lake access, including access ramps, lakeside and remote c/t parking, handicapped access and signage. b. Conduct a joint study of all access ramps and associated e/t parking, identifying all existing ramps and associated lake parking. c. Develop a plan for and provide LMCD-approved boat access ramps with 700 reliable e/t parking spaces. d. Widen or otherwise improve efficiency of existing ramps for use by more than one c/t at a time. .. Resolve DNR's Maxwell Bay access proposal in accord with Management Plan policies and objectives and in accord with the 1983 and 1986 Task Force Study recommendations by: 1) Activating the Lake Access Task Force, appointing representatives of affected communities, DNR, LMLOA and citizens to implement the public access siting process. 2) Facilitate a cooperative effort to address land use issues that are the basis for objections raised by the City of Orono. 3) Conduct a feasibility study of land purchase between Gayle's Marina and the DNR property. 4) City of Orono, LMCD and DN-R cooperate in securing funding for the Maxwell Bay access properties. NOTE:After cooperation on obtaining funding through the Legislative Commission on Minnesota Resources (LCMR), the Task Force and LMCD were asked by Orono officials to not further participate in Maxwell Bay negotiations between the DN'R and the City of Orono. Page 27 ' ' JJ, IJ J ,J, JlJi, I PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY The Task Force formed three subcorr,nittees, namely: Data Gathering Standards Steering DATA GATHERING SUBCOMMITTEE cfr PARKING INVENTORY DEVELOPMENT A 4f15/92 inventory of existing or planned e/t parking spaces was conducted by LMCD and DNR staff from contacts made among city and county staff. That inventory was compared to the 1983 Task Force inventory for the five zones of the lake. The comparison of e/t parking spaces by zones was as follows: Zone Goal 1983 Total 1992 Total 1 North Arm 139 60 63 2 Grays Bay Hwy 101 Grays Bay Dam Wayzata Bay Hwy 16 Sub Total 144 24 37 19 19 46 81 3 Carsons Bay 155 0 40 4 Spring Park Bay Phelps Bay Sub Total 126 79 93 ..0. 4 79 97 Halsted, Wms. St. Halsted, Kings Point Henri. Regional Park Cooks Bay, Mount Park Sub Total 136 0 30 0 32 0 100 0 an 0 192 Grand Total 700 185 473 These counts were later revised based upon a more detailed inventory conducted in June by LMCD staff of c/t street parking potentially available to 2,000' from the access, identified later in this report. Criteria were needed to identify reliable c/t parking spaces. The Standards Committee was asked to develop such criteria. Page 28 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY STANDARDS SUBCOMMITTEE ACTIONS FACILITATOR ENGAGED. The LMCD engaged a state facilitator to meet the diverse interests involved in the proceedings: 1. Decisions would result from a consensus. 2. Persons participating would only be those holding designated membership in the Task Force. 3. The Task Force would work in good faith. TASK ASSIGNMENTS: 1. MN DNR staff examined c/t parking spaces in public access ramp lots. 2. LMCD staff counted street parking utilizing 1985 e/t parking criteria, adjusting criteria by extending distance from access site from 1,500' to 2,000'. 3. Aerial photographs of public access sites taken. 4. DNR/LMCD staff drafted parking space standards from the 1986 standards previously considered. TASK ASSIGNMENT RESULTS: C/T PARKING INVENTORY OF 7/15/93. A street inventory of actual and potential c/t parking spaces up to 2,000' from accesses was conducted. Potential spaces included future public access sites, one private lot, public lots in other agency jurisdictions (school districts) and street locations subject to city/county approval. A surveyor wheel measurement device was used to calculate an accurate 50' c/t parking space and for determining accurate distance from the launch ramp. Results of the inventory count of 7/15/92 were: C/T Parking Spaces at present or planned access ramps: North Arm Grays Bay 101 Causeway Grays Bay Dam Kings Point, DNR Spring Park Ramp Spring Park/Orono County Lot Hennepin Regional Park Sub Total 63 37 19 32 19 70 340 Potential C/T Parking Space Additions: Streets, city & county Off street, private & city Sub Total 82 168 Existing Street Availability: City/county (99 of the 337 at Williams Street, Halsted Bay access) 337 GRAND TOTAL Page 29 845 ?ROCI:-EDINGS S~¥, 1992 LAJ~ ACCESS TASK FORCE STUDY DNR ANALYSIS OF cfr PARKINg SPACES AT ACCESS LOTS: The c/t parking space count at access on-site lots diffcn' only slightly from 1983 and 1986 counts. Some car-only parking spaces could be converted to c/t parking spaces. AERIAL SURVEY OF PUBLIC ACCESS SITES Aerial photos of c/t parking conditions at public access sites on a high-use day illustrated crowded conditions. Opportunities for improvements or expansion of parking capacity either on or off-site were noted. RELIABLE C/T PARKING SPACE STANDARDS Seven criteria and three supplemental recommendations applying to Parking Standards were prepared 7/15/92 for Task Force approval. GRANT RECOM2MENDATION FOR MAXWELL BAY LAND ACQUISITION A Legislative Commission on Minnesota Resources (LCMR) grant recommendation for $944,000 for land acquisition to develop a public access site on Maxwell bay, subject to Legislative approval, was announced. JOINT DATA GATHERING/STANDARDS SUBCOMMITTEE ACTIONS C/T PARKING INVENTORY REVIEW Subcommittee action of 802/92 amended the 7/15/92 c/t Parking Inventory from 845 to 755 c/t parking spaces. A reduction of 59 spaces from 99 to a net of 40 spaces at the Williams St. Halsted Bay access, and a reduction of 32 spaces from 100 to 68 spaces at the Hennepin Regional Park resulted in a 755 adjusted count. PARKING STANDARDS RECOMMENDATION: Starting with the seven criteria and three supplemental recommendations of 7/15/92, the joint subcommittee review recommended Parking Standards for Task Force consideration and adoption. EQUITABLE DISTRIBUTION OF ACCESS SITES: Equitable distribution of parking sites throughout the five lake zones was identified as a priority. PARKING INVENTORY: With minor footnote adjustments, the Parking Inventory of 755 current and potential c/t parking spaces was finalized and recommended for presentation to the Task Force. Page 30 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY STEERING CO~E RECOMMENDATIONS The recommendations of the Data Gathering and Standards Subcommittee meeting of 9/9/92 was confirmed. Additional issues were recommended for Task Force consideration: 1. Coordinate site acquisition for Maxwell Bay 2. Coordinate access development of Grays Bay Hwy. 101 Causeway and subsequent closing of Grays Bay Dam access 3. Coordinate access development of Hennepin Regional Park LAKE ACCESS TASK FORCE ACTIONS Lake Access Task Force actions taken 10/21/93: 1. Parking Standards were adopted. The Lake Mirmetonka Lakeshore Owners Assn. (LMLOA) presented their board position calling for a r~uetion of the 700 e/t parking spaces goal. DN1L LMCD and sport fishing representatives supported the 700 e/t parking spaces goal. This goal originated in the 1983 Task Force Study. It is based upon Lake Minnetonka's 14,000 acre capacity to accommodate one boat per 20 acres of water surface. No consensus was reached on changing the goal. Consensus required substantially unanimous agreement. Thc LMCD Lake Access Commktee, appointed January, to: 1992, was activated Coordinate related lake access objectives and policies with the Task Force. Carry out lake access objectives and policies in the Management Plan which will not be addressed by the Task Force. LMCD BOARD ACTION ON TASK FORCE POSITIONS Upon recommendation by the LMCD Lake Access Committee, the LMCD board on 10/28/92 approved Task Force positions on: 1. Parking Standards for Lake Mirmetonka Public Accesses 2. Parking Inventory of 755 current and potential e/t parking spaces 3. A draft model Parking Agreement for cities or agencies identifying e/t parking spaces which meet the Parking Standards. 4. Parking Agreements to be secured by LMCD with cities or agencies. Page 31 ,. , .... I1 J ,Il , IIi~, j ~iI PROCEEDINGS SUMMAKY, 1992 LAKE ACCESS TASK FORCE STUDY TASK FORCE ACTIONS Lake Access Task Force actions taken on 12/9/92: 1. Approved Current and Potential C/T Parking Inventory total adjusted to 735 c/t parking spaces, subject to meeting adopted Parking Standards, and subject to agreements with cities or agencies within which the existing public accesses are located. (The 8/12/92 Parking Inventory was adjusted from 755 to 735 as a result of the Hennepin Regional Park planned access count being adjusted to 80 upon agreement with the City of Minnetrista and Suburban Hennepin Regional Park District.) Goal of 700 cdt parking spaces on which Task Force consensus was not reached was referred to the LMCD board for a final decision. Ail cities encouraged to make a concerted effort to provide their share of lake access cdt parking spaces. Cities were further encouraged to coordinate and cooperate to meet zone goals. LMCD LAKE ACCESS COMMITTEE REPORT The Lake Access Committee actions taken on 3/16/93: Committee chair outlined a policy to persuade cities or agencies to make decisions on public accesses in the best interest of the most public use of the lake. Existing public access sites proposed for evaluation against a grading scale as to safety, quality, size. LAKE ACCESS TASK FORCE ACTIONS Lake Access Task Force Actions taken 3/18/93: Model Public Access C/T Parking Agreement approved incorporating adopted Parking Standards. Access Site Evaluation Criteria ten point outline approved with recommended footnotes approved. Aerial slide photo documentation of existing and potential access sites presented. Sites suggested from this aerial survey are to serve as a future guide for access site inquiries and proposals. Page 32 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY ACCESS SITING SUBCOMMITYEE ACTIONS Access Siting Subcommittee Actions taken 4/6/93: 1. MN DNR Landowner Bill of Rights was reviewed. The Bill of Rights was accepted for recommendafon to the Task Force. The procedures detailed in the Bill of Rights would remain in effect after the Task Force completes this study. Public review of a future access site negotiation brought forward by the DNR was concluded to be the affected city's responsibility. 2. A list of some 40 potential access sites taken from the March aerial survey and a list developed by the 1983 Task Force Study was edited to review properties no longer available due to development or other current uses making the property unavailable. STEERING COMMITTEE ACTIONS Steering Committee actions taken 4/6/93: MN DOT position on its reduced Hwy. 101 causeway bridge and road rebuilding, excluding the causeway public access upgrading, was received. ACCESS SITING SUBCOMMITTEE ACTIONS Access Siting Subcommittee actions taken 4/14/93: 1. Potential public access sites were presented for review against the 1993 ten point Access Site Evaluation Criteria. All marina sites were removed for separate consideration. Eight other sites were removed as no longer available. ACCESS SITING SUBCOMM1TYEE ACTIONS Access Siting Subcommittee actions taken 5/4/93: I. Potential access sites reviewed per Access Site Evaluation Criteria, with added conditions: " a. All sites must have willing sellers. b. City cooperation must be secured in advancing the access site. c. ' Agency cooperation must be secured in advance of a site being selected. Potential access sites remaining on the list as a result of comparison to the review criteria were: * Tonka Bay City Dock, channel to Gideons Bay * Timber Lane, Gideons Bay, Shorewood * Mai Tai, Excelsior Bay * 456 Arlington Ave, Wayzata Bay (private residence) * Pelican Point, Spring Park Bay, Mound * Lost Lake, Cooks Bay, Mound * Advance Machine, West Ann, Spring Park Page 33 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY Marinas as potential access sites were recommended to be examined for public access use under the following conditions: a. Potential use of extending existing capacity. b. Extent to which the marina already serves the public for tee paid access. c. Attitude of nearby homeowners for public access use. d. Considering any public access use as a temporary trial. e. Management issues to be addressed such as how public parking/launch space would be reserved and accounted for in a mix of fee paid launch service £. MN DNR budget constraints in funding leased space LMCD LAKE ACCESS COMMI'VFEE ACI~ON Lake Access Committee action taken 5/7/93: 1. The Lake Access Parking Agreement with the City of Minnetrista was accepted and recommended to the LMCD board for acceptance. LAKE ACCESS TASK FORCE MEETING ACTIONS Lake Access Task Force actions taken 5/12/93: 1. The seven potential access sites were accepted as identified by the Access Siting Subcommittee 5/4/93. Marina sites having potential to accommodate public access through agreement with the DNR will be considered separately from the seven potential access sites accepted 5/4/93. The six conditions under which marina sites would be evaluated for public access as detailed by the Access Siting Committee 5/4/93 were also accepted. The Maxwell Bay access site is recognized as in negotiations between the City of Orono and MN DN'R. LMCD LAKE ACCESS COMMITTEE ACTIONS Lake Access Committee action of 6/15/93 approved tasks which the LMCD committee intends to .continue processing: I. Determine the equitable distribution of public access among existing and potential new access sites. 2. Evaluate and negotiate with commercial marinas for their potential in providing c/t parking and launch service: a. Apply equitable distribution criteria. b. DNR to negotiate agreements for space/service provided. Page 34 PROCEEDINGS SUMMARY, 1992 LAKE ACCESS TASK FORCE STUDY Assess means by which existing public accesses may be upgraded for safety and greater user satisfaction. Board members to work with LMCD and DNR staff in finalizing c/t parking agreements with cities and agencies having existing public accesses. Access signage to be developed per agreement provisions, cities and agencies asked to assist. Page 35