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1998-01-27
MOUND CITY COUNCIL TUESDAY, JANUARY 27, 1998, 7:30 PM MOUND CITY COUNCIL CHAMBERS *~: All items listed under the Consent Agenda are considered m be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF AI.I.EGIANCE. APPROVE AGENDA. At this time items can be added m the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. 3. _*CONSENT AGENDA *A. *B. APPROVE THE MINUTES OF THE JANUARY 13, 1998, REGULAR MEETING .................................. 155-163 APPROVE THE MINUTES OF THE JANUARY 20, 1998 COMMITFEE OF THE WHOLE MEETING .................... 164-166 *C. CASE g98-03: THOMAS & PATRICIA PETERSON, 4882 EDGEWATER DRIVE, LOT 13, SUBDIVISION OF LOTS 1 & 32, SKARP & LINDQUIST'S RAVENSWOOD - PID/713-117-24 41 0042. VARIANCE, FRONT AND SIDE YARD SETBACKS OF EXISTING GARAGE TO CONSTRUCT A CONFORMING ADDITION ..................... 167-177 *C. RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE AMERICAN LEGION POST #398 - MOUND *D. SET PUBLIC HEARING FOR 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) (SUGGESTED DATE: FERRUARY 24, 1998). ..... 178 PROGRAM *E. APPROVAL OF BASS TOURNAMENT WEIGH-IN AT MOUND BAY PARK FOR JUNE 6, 1998, MINNETONKA BASS CLUB ........... 179 *F. PAYMENT OF BILLS .................................. 180~184 o RECONSIDERATION OF RESOLUTION REGARDING DESIGNATION OF HENNEPIN COUNTY AS LOCAL BOARD OF REVIEW COMMENTS AND SUGGESTIONS FROM C1T/ZENS PRESENT. 185-186 CONSIDERATION OF AN APPLICATION FOR AN OPERATIONS PERMIT, CARIBOU COFFEE, TO BE LOCATED IN A PORTION OF THE BALBOA BUILDING CURRENTLY OCCUPIED BY TORO COMPANY, 5330 SHORELINE DRIVE ....................... 187-197 APPROVAL OF CONSTRUCTION PLANS FOR THE LOST LAKE IMPROVEMENT PROJECT (DREDGING OF LOST LAKE CANAL) FOR SUBMISSION TO MNDOT (TO BE HANDED OUT TUESDAY EVENING) INFORMATION/MISCELlANEOUS. Bo Preliminary Financial Report for the year ended December 31, 1997, as prepared by Gino Businaro, Finance Director .................. 198-199 Park and Open Space Commission Minutes of January 8, 1998 .......... 200-203 Summary of Policy Priorities developed by the Association of Metropolitan Municipalities (AMM) as the 1998 Legislative Session begins . . 204-205 Invitation from LMCD re: Annual "Save the Lake" Recognition Banquet to be held Thursday, February 12, 1998 at Lord Fletcher's. Please let Fran know if you are interested in attending .................. 206 REMINDER: You are invited to attend the Planning Commission Meeting on Monday, January 26, 1998, 7:30 p.m., City Hall to hear Bruce Nordquist, City of Richfield speak on the scattered site acquisition program in effect in the City of Richfield. I have been in contact with Dr. Pam Myers, Supt. of Schools regarding the next meeting of the School Board and City Council pertaining to the joint powers agreement on the Westonka Community Center. I suggested the dates we discussed at the last City Council meeting, January 29 or February 3. Neither of those work for the School Board. She will be back in touch with me to let me know the School Board's availability. You can erase January 29 or February 3 from your calendars and as soon as I know alternative dates, I can let you know. Information from Mayor Bob Polston on discussions that have been taking place at the Task Force meetings of the MCWD re: Rule B. Please review and comment to Bob regarding the contents of this summary · . 207-219 Information from Caribou Coffee as to who they are, what they do and how they do it. As you know, Caribou is interested in moving their manufacturing operations into the former Toro space at the Balboa Building. Several city councilmembers and EDC members took a tour of the Caribou facility in Minneapolis and were quite impressed with what they saw and are enthusiastic about the possibility of Caribou moving to Mound. 220-233 154 MOUND CITY COUNCIL MINUTES- JANUARY 13, 1998 MINUTF~ - MOUND CITY COUNCIL - JANUARY 13, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January, 13, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City: Those present were: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen and Leah Weycker. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, Building Official Jon Sutherland, and City Clerk Fran Clark. The following interested citizens were also present: Rita Pederson, Michelle & John Olson, and Ted Hefty. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Councilmember or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. The following items were removed from the Consent Agenda by the following Councilmembers: Items G & H by Councilmember Jensen; Item I by Councilmember Weycker; and Item M by Councilmember Ahrens. The City Manager stated he has an Add-On Item concerning an agreement with Hennepin County regarding use of geographical data base for mapping. 1.0 *CONSENT AGENDA MOTION made by Weycker, seconded by Jensen to approve the Consent Agenda as amended. A roll call vote was unanimously in favor. Motion carried. *1.1 MOUND CITY COUNCIL MINUTES- JANUARY 13, 1998 APPROVE THE MINUTES OF THE DECEMBER 16, 1997, REGULAR MEETING. MOTION Weycker, Jensen, unanimously. * 1.2 RFSOLUTION APPOINTING GINO BUSINARO ACTING CITY MANAGER FOR 1998 RESOLUTION//98-1 RESOLUTION APPOINTING GINO BUSINARO ACTING CITY MANAGER FOR 1998 Weycker, Jensen, unanimously. '1.3 RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 1998 RESOLUTION//98-2 RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR 1998 Weycker, Jensen, unanimously. LAKER AS THE '1.4 RESOLUTION APPROVING THE PURCHASE OF AT LEAST $20,000 BOND FOR THE CITY CLERK RESOLUTION g98-3 RESOLUTION APPROVING THE PURCHASE OF AT LEAST $20,000 BOND FOR THE CITY CLERK Weycker, Jensen, unanimously. '1.5 RF~qOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR RESOLUTION//98-4 RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR Weycker, Jensen, unanimously. '1.6 MOUND ¢Irr COUNCIl. MINUTES- JANUARY 13, 1998 RF~OLUTION DESIGNATING TIlE OFFICIAL DEPOSITORIFS FOR 1~8 RESOL~ON ~/98-5 RESOLUTION DESIGNATING DEPOSITORIF$ FOR 1998 Weycker,- Jensen, unanimously. THE OFFICIAL '1.7 RESOLUTION REAPPOINTING PERSONS TO THE PLANNING COMMISSION, PARK AND OPEN SPACE COMMISSION, AND THE DOCK & COMMONS ADVISORY COMMISSION RESOLUTION #98-6 RESOLUTION REAPPOINTING THE FOLLOWING PERSONS: JERRY CLAPSADDLE, GERALD REIIzSCHNEIDER TO THE PLANNING COMMISSION; THOMAS CASEY, PETER MEYER AND RITA PEDERSON TO THE PARKS & OPEN SPACE COMMISSION; AND MARK GOLDBERG TO THE DOCK & COMMONS ADVISORY COMMISSION 3 YEAR TERMS - EXPIRING 12/31/2000 Weycker, Jensen, unanimously. '1.8 APPROVAL OF AN ORDINANCE AMENDING SECTION 437:10, SUBD. 12 OF THE CITY CODE RELATING TO DOCKING OF NON-OWNED WATERCRAFT BY ADDING A SENTENCE AT THE BEGINNING OF SUBD. 12 ORDINANCE//94-1998 AN ORDINANCE AMENDING SECTION 437:10, SUBD. 12 OF THE CITY CODE RELATING TO DOCKING OF NON-OWNED WATERCRAFT BY ADDING A SENTENCE AT THE BEGINNING OF SUBD. 12 Weycker, Jensen, unanimously. '1.9 RESOLUTION ENDORSING CANDIDATES FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT RESOLUTION g98-7 RESOLUTION ENDORSING APPOINTMENT TO THE WATERSHED DISTRICT CANDIDATES FOR MINNEHAHA CREEK Weycker, Jensen, unanimously. )5"/ *1.10 MOUND CITY COUNCIL MINUTES - JANUARY 13, 1998 PAYMENT OF BILLS MOTION Weycker, Jensen, unanimously. 1.11 RESOLUTION APPOINTING ANDREA AHRENS THE ACTING MAYOR FOR 1998. Councilmember Jensen stated she understood ~ couple of years ago that this was a position that would rotate through the Council so she felt Councilmember Weycker should be appointed. Councilmember Weycker stated that she did not feel she was quite ready to handle this and nominated Councilmember Jensen. The Council discussed how this appointment should be made. Mayor Polston asked if there was any objection to having the Acting Mayor appointed for a two year term to run concurrent with the Mayor's term. There was no objection. Hanus moved and Jensen seconded the following resolution: RESOLUTION//98-8 RESOLUTION APPOINTING ANDREA ACTING MAYOR FOR 1998. The vote was unanimously in favor. Motion carried. AHRENS THE 1.12 RESOLUTION APPOINTING COUNCILMEMBERS TO VARIOUS COMMISSIONS. The Council agreed that the same people currently serving as Council Liaisons for the Commissions be reappointed. Hanus moved and Jensen seconded the following resolution: RESOLUTION NO. 98-9 RESOLUTION APPOINTING LEAH WEYCKER TO THE PARK COMMISSION (POSC); MARK HANUS TO THE PLANNING COMMISSION; LIZ JENSEN TO THE ECONOMIC DEVELOPMENT COMM[qSION (EDC); AND BOB POLSTON TO THE DOCK & COMMONS ADVISORY COMMISSION (DCAC) AS COUNCIL REPRESENTATIVES FOR 1998 The vote was unanimously in favor. Motion carded. MOUND CITY COUNCIL MINUTES- JANUARY 15, 1998 1.13 PUBLIC LAND PERMITS - BATCH #11. Councilmember Weycker asked if dock sites 50970, 51030, 51105, 51315 and 51555 which were removed for further discussion by the DCAC, means they will be back or did they automatically get a permit? The Building Official stated that there were some questions about these which he was not able to work out' and he was unable to attend the DCAC Meeting. These will be brought back through the DCAC, to get their questions answered and what action they are recommending. Then they will come back to the Council. Councilmember Weycker also questioned the ~third Whereas, 2. which refers to a portable swing, which she did not find in the DCAC Minutes. Councilmember Jensen referred to the supporting materials on Page 27 which has a portable swing listed as an encroachment, but if you look at the Page 21, part of the proposed resolution, the portable swing is not listed. The Building Official stated that was the wish of the DCAC. Councilmember Weycker stated she was not able to find this in the DCAC Minutes. The Council discussed plantings on Commons and permits. The Council asked that the DCAC have more discussion on the permitting process and encroachments. Hanus moved and Jensen seconded the following resolution: RESOLUTION # 98-10 RESOLUTION TO APPROVE SPECIAL PERMITS FOR PRIVATE STRUCTURES ON PUBLIC LANDS KNOWN AS BRIGHTON BLVD AND BRIGHTON COMMON "BATCH 11" DOCK SITES 50490, 50670, 50700, 50820, 51135, 51195, 51375, 51435, 51495, 51675, 51735, & 51795 The vote was unanimously in favor. Motion carried. 1.14 RESOLUTION 98 - RESOLUTION DESIGNATING HENNEPIN COUNTY TO SERVE AS LOCAL BOARD OF REVIEW. The Council discussed the law passed in the 1997 Legislative Session regarding allowing local municipalities the option of transferring the Local Board of Review function to Hennepin County. The City Manager stated it is his understanding that the Council could take this responsibility back if they felt it was necessary. He explained that the County Assessor's office would still be here to listen to residents concerns. There would be no extra charge by the County for this service. The Council discussed the fact that what is done at the Local Board of Review has no impact on the State Legislature or Hennepin County. After discussion on the process, the Council decided to transfer this to the County for one year and review it after that time. The City Manager explained that the process would remain the same except the Council would not have to hold the Board of Review Meeting. MOUND CITY COUNCIL MINUTES - JANUARY 1.5, 1998 Hanus moved and Jensen seconded the following resolution: RESOLUTION//98-11 RESOLUTION TRANSFERRING THE FUNCTION OF LOCAL BOARD OF REVIEW FROM THE MOUND CITY COUNCIL TO HENNEPIN COUNTY The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.15 ADD-ON: RESOLUTION/AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF GEOGRAPHICAL DATA BASE FOR MAPS. The City Manager stated that this was before the Council in June and the Building Official was not available to answer the Council's questions. This is why it is back tonight. The Building Official explained that the use of the data would include, but not be limited to the following: zoning maps, storm water management, comprehensive plan updates, dock maps, parks/public lands maps and new City half section maps. He further explained that the County requires that a resolution be adopted and an Agreement signed to authorize the City of Mound's use of the Proprietary Data Base. The cost for the City would be about $500.00 to cover the County's staff time to download the data. The Council discussed the system as it would relate to utilities. The Staff told the Council that this system would not be used for facilities management of utilities. The City is not buying hardware or software. We are hooking in with the County to obtain the capability for producing flat maps only. This is an information system only, not to be linked with any other system for utilities. The Council agreed that this is a step forward. Hanus moved and Jensen seconded the following resolution: RESOLUTION #98-12 RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC GEOGRAPHICAL DIGITIZED DATE BASE AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT, AT A COST NOT TO EXCEED $500 The vote was unanimously in favor. Motion carried. MOUND CITY COUNCIL MINUTES - JANUARY 13, 1998 1.16 RESOLUTION 98 - RESOLUTION DENYING A CONDITIONAL USE PERMIT (SHIRLEY HILLS PRIMARY SCHOOL ADDITION), WESTONKA PUBLIC SCHOOLS. The City Manager explained that at the last continuation of the public heating, it was decided that since the referendum passed, and we are confident of arriving at a Joint Powers Agreement with the School District, the next step would be to deny the CUP application. Thus the resolution of denial was prepared by the City Attorney. Polston moved and Ahrens seconded the following resolution: RESOLUTION//98-13 RESOLUTION DENYING CONDITIONAL USE PERMIT (SHIRLEY HILLS PRIMARY SCHOOL ADDITION) PID //24-117-12 0059, P & Z CASE /D7-08, 2450 WILSHIRE BLVD. Councilmember Weycker asked if the School District is aware of this. The City Manager stated that he has spoken with the School Superintendent. The City Attorney explained that this is more a matter of housekeeping to bring closure to this case. The resolution lays out the finding of facts for the denial. The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for December 1997. Notice from the National League of Cities (NLC) RE: Annual Congressional Conference, Washington, D.C., March 6-10, 1998. If interested in attending, please let Fran know ASAP. C. Letter from Senator Rod Grams summarizing the 105~ Congressional Year. D. Letter from Raymond Jorgenson, resident of Plymouth, RE: Luce Line Trail. Letter from Tom Bordwell, Government Relations Manager, Triax Midwest Associates, L.P., re: plans for 1998. F. Letter from Paul Pecora, Regional Manager, Triax Cablevision, RE: rate increase for MOUND CITY COUNCIL MINUTES - JANUARY 13, 1998 Premium Services and Home Wire Line. Go Memorandum from Jim Strommen, Kennedy and Graven and legal counsel for the Suburban Rate Authority (SRA), re: upcoming annual meeting of SRA. Co'uncilmember Mark Hanus is the City of Mound's delegate to the SRA. Ed Shukle, City Manager, is the alternate delegate. NSP is beginning a program 'of Automated Meter Reading in the Twin Cities Metropolitan Area. They will be changing out meters and installing new meters on residential properties. They will also be installing equipment on utility poles that will electronically read the newly installed meters installed on homes. The work will begin in the near future in the City of Mound. Postcards will be sent from NSP to residents informing them of the program and news releases will be put in The Laker and in the City Newsletter if the timing is correct. There is no cost to the homeowner for the new meter. The program will enable NSP to get accurate readings and will be more efficient and cost effective. Does this remind you of our water meter reading program where we installed a "Touch Read System?" Seems to be the way that utilities are operating in order to be cost effective, competitive, Etc. Attached is a brochure from NSP detailing the program. 1998 City Policies as adopted by the League of Minnesota Cities at the annual policy adoption conference held in November 1997 J. REMINDER: K. REMINDER: L. REMINDER: Committee of the Whole Meeting, Tuesday, January 20, 1998, 7:30 p.m., City Hall. City Offices will be closed on Monday, January 19, 1998 in observance of Dr. Martin Luther King Day. Bruce Nordquist, City of Richfield, will be presenting information on a Scattered Site Acquisition Program in effect in the City of Richfield at the Planning Commission Meeting on Monday, January 26, 1998, 7:30 p.m., City Hall. Please mark your calendars as you are invited to attend. JOINT POWERS AGREEMENT The City Manager stated that the Draft of the Joint Powers Agreement on the Community Center should be prepared and ready for review in the next two weeks. He asked that the Council think MOUND CITY COUNCIL MINUTES- JANUARY I3, 1998 about when they can meet with the School Board about the Agreement. The Mayor stated he will be out of town from January 22 through January 28. Councilmember Jensen stated she, too, will not be here for the next Council Meeting, January 27. The Council suggested that maybe, Thursday, January 29 would be an alternative for the Joint Powers Agreement meeting with the School Board. The City Manager will check with the School District. Another alternative date would be Tuesday, February 3, at 7:00 or 7:30 p.m. MOTION made by Jensen, seconded by Ahrens to adjourn at 8:40 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Attest: City Clerk MINUTES-COMMITTEE OF THE WHOLE-JANUARY 20, 1998 The meeting was called to order at 7:30 p.m. Members Present: Acting Mayor Andrea Ahrens; Councilmembers Hanus, Weycker and Jensen. Absent: Mayor Bob Polston. Also Present: John Cameron, City Engineer; Bruce Chamberlain, Economic Development Coordinator; and Ed Shukle, City Manager. Mound Visions Update City Manager Ed Shukle indicated that it had been some time since the City Council had been updated on the progress of the Lost Lake Improvement Project and the Auditor' s Road Improvement Project. A review by Bruce Chamberlain and John Cameron of the construction plans regarding Lost Lake was held. The plans are nearly completed for City Council approval at their next regular meeting. Issues regarding location of the transient docks in the turnaround area were discussed. There is a need to meet with LMCD staff regarding some minor changes in the dock locations. Ed Shukle brought the Council up to date on the Lost Lake Inn. He indicated that Northern Hospitality is very much interested in this project. The Council suggested a meeting with Northern to talk further about the project. Chamberlain addressed wetland management issues indicating that he has prepared a brochure that has been sent to the School District regarding their involvement in studying wetland issues in the Lost Lake area. Information also has been shared with the Minnehaha Creek Watershed District (MCWD). Shukle also informed the Council that a disposal site for the dredge spoils has been found and an agreement has been reached with a landowner in Independence. Auditor's Road Improvement Project Cameron and Shukle reported that they have been meeting with Hennepin County regarding the connection of Auditor's Road to the future relocation of Hennepin County Road 15. The County has indicated that they want to have a safer intersection between the two streets and also a safe connection between County Road 15 and Lynwood Blvd. Cameron has been looking at the feasibility of constructing a new street between the existing alignment of 15 and Lynwood Blvd. This would mean taking property from Reed and Pond and/or Balboa on the west side of the Balboa building. Meetings are being scheduled regarding this matter. Discussion also focused on the relocation of the Post Office. Shukle and Chamberlain presented the concept plan for the renovated Meisel building to be the new location for the Post Office and a COW Minutes January 20, 1998 Page 2 possible retail/office development that would take all of the properties to the north of the Meisel building on the west side of County Road 110 up to the Peter Johnson building (Dickinson Law Office). There is a lot more to come on this matter. Annual Meeting of City Council/Advisory Commissions This matter will be discussed at the next C.OW. LMCIT Liability_ Coverage Waiver Shukle presented two options for the Council to consider as it renews the commercial insurance program for 1998. LMCIT has asked if the City of Mound wishes to waive the statutory limits on tort liability from a current maximum of $300,000 per person to a maximum of $750,000 per occurrence. The Council indicated that they would support waiving the statutory limit. Action will be taken on this as part of the insurance renewal in February. Council Photograph The date of February 24, 1998 was confirmed to be the date for the photo. Shukle will confirm with the photographer. Caribou Coffee Shukle reported that a tour of Caribou Coffee was held on January 20 in Minneapolis. Caribou is interested in moving its manufacturing operation to the vacant Toro space in the Balboa building in Mound. Tour of Balboa Buildine This is scheduled for Friday, January 23 at 7 a.m. Other Business Reminder that Bruce Nordquist, City of Richfield, will be present at the Planning Commission meeting on January 26 to present the City of Richfield's scattered site acquisition program. The Council is invited to attend. The next meeting of the COW is scheduled for Tuesday, February 17, 1998, 7:30 p.m. COW Minutes January 20, 1998 Page 3 Upon motion by Jensen, seconded by Ahrens and carried unanimously, the meeting was adjourned at 10:25 p.m. Respectfully submitted, City Manager PLANNING REPORT Hoisington Koegler Group Inc. l ln TO: Mouod Planning Commission and Staff FROM: Loren Gordon, AICP DATE: January 26, 1998 SUBJECT: Addition to existing home : OWNER: Thomas and Patricia Peterson - 4882 Edgewater Drive CASE NUMBER: 98-03 HKG FILE NUMBER: 98-5a LOCATION: 4882 Edgewater Drive EXISTING ZONING: Residential District R-lA ' COMPREHENSIVE PLAN: Residential BACKGROUND: The applicant is requesting a variance to recognize a nonconforming garage setback in order to build an addition to the existing residence. The variance request information is listed below. Existing/Proposed Required Variance Garage (front yard) 8.6' 20' 11.4' (side yard) 2.3' 4' 1.7' The property is located at 4882 Edgewater Drive on a 40 feet width, 7830 sf lot of record that meets the R-lA zoning district requirements. Existing structures on the property include a single- family 1 V2 story house and a detached 1 car garage located in the front yard. The existing detached garage does not conform to the front and side yard setback requirements for front entry garages. The applicant is proposing to build a 14 feet by 23 feet addition to the front of the home. The addition would decrease the front yard setback from 85 feet to 71 feet. Side yard setback would remain consistent with the existing home at 8 and 8.7 feet respectively. The addition would convert the home to a two-story design. First floor plans include a family room and laundry/closet area. On the second floor, two bedrooms are proposed in addition to a bathroom that would be added within the existing portion of the home. The foundation incorporates a full basement connected by a 3 feet knockout doorway from the existing basement. Cedar lap siding is proposed for the addition to match the current exterior. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 Peterson Variance Request January 26, 1998 COMMENTS: A variance can be granted in Mound only on the basis of a finding of hardship or practical difficulty. Under the Mound Code, variances may be granted only in the event that the following circumstances exist (Section 350:530): A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of the ordinance have no control. B. The literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. C. That the special conditions or circumstances do not result from the actions of the applicant. Do That granting of the variance request will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the hardship. F. The variance would not be materially detrimental to the purpose of this Ordinance or to property in the same zone. If the Planning Commission chooses to tie the home improvements to the garage, there are a couple approaches that could be taken. The code provision requiring a 20 feet setback is intended to provide parking space between the garage and the street. This setback provides ample space for vehicles to park within the limits of the lots to avoid having to block a sidewalk (if present) or protrude into the street in cases where there is minimal ROW between the street and property line. From a standpoint of providing adequate off-street parking and associated safety concerns, the existing situation appears to satisfy code intentions. If the gravel parking area were removed, there would be a problem in meeting parking requirements for 2 cars. If the Commission chosses this approach, the gravel parking area would need to remain and be tied as a condition in recognizing the garage setbacks. The second approach would be to require the garage meet code requirements for a side or front entry garage. The gravel parking area could be removed in this scenario. This approach would address the long-term function of parking and associated aesthetic issues. Another issue related to the property is delinquent water bills. Utility records show that the account is well overdue and the City of Mound has posted assessments against the property. Under Minnesota Statue Section 462.353 subdivision 5, a delinquent bill may be used as a 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 3 Peterson Variance Request January 26, 1998 condition for approval of an application. "A municipality may require, either as part of the necessary information on an application or as a condition of a grant of approval, an applicant for an amendment to an official control established pursuant to sections 462.351 to 462.364, or for a permit or other approval required under an official control established pursuant to those sections to certify that there are no delinquent property taxes, special assessments, penalties, interest, and municipal utility fees due on the parcel to which the application relates. Property taxes which are being paid under t-he provisions of a stipulation, order, or confession of judgment, or which are being appealed as provided by law, are not considered delinquent for purposes of this subdivision if all required payments are due under the terms of the stipulation, order, confession of judgment, or appeal have been paid." The proposed improvements appear to provide a substantial increase in the livable area of the home. Staff supports the house addition, as it should be a positive improvement to the property and the surrounding neighborhood. In keeping with an approach to address the long-term function of the property, staff recommends the garage meet all setbacks as per code requirements. RECOMMENDATION: Staff recommends the Planning Commission recommend Council approval of the variance as requested with the following conditions. 1. The garage meet code requirements prior to final inspection of the proposed addition. 2. Delinquent water utility bills are paid in full prior to issuance of a building permit. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 VARIANCE APPLICATION cn'Y OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 'JAN 1 4 1998 iC~TY Of Mourn3 ~._. Application Fee: '$100,00 (FOR OFFICE USE ONLY) Planning Commission Date: City Council Date: Distributiori: City Planner City Engineer Public Works Other DNR SUBJECT PROPERTY LEGAL DESC. PROPERTY OWNER APPLICANT (IF OTHER THAN OWNER) Address Subdivision PID~ ~ ZONING DISTRICT R-1 R-1A R-2 R-3 B-1 B-2 B-3 Address Phone (H) ~ ~ ~ Neme Phone(H) (W) .' :;;,-0%??-_. (M) Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes,x{/} no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Detailed description of prOposed construction or alteration (size, number of stories, type of use, etc.): RECEIVED ,lAN 1 ~ 1998 ~a oo:tz f~oo ]~1 QNI].O~[ 40 Variance Application, P. 2 Do the existing structures comply with all area, height, bulk, and setback regulations for 'the zoning district in which it is located? Yes (), No ~. If no, specify each non-eonformin~ use (describe reason for variance request, i.e. setback, lot area, etc.}: SETBACKS: REQUIRED REQUESTED VARIANCE (or existing) Front Yard: ( N_~/E~V ) -~----~ ft. ~. (~ ft. ft. Side Yard: ( N(_~W ) /~ ft. ~, ~ ft. ft. Side Yard: ( N S E W ) ft. ft. ft. Rear Yard: ( N S E W ) ft. ft. ft. Lakeside: ( N S E W ) ft. ft. ft. : (NSEW) ft. ft. ft. Street Frontage: ~CD ft. ~-~ © ft. ft. Lot Size: ~i~[~(25 sq ft -~O_sq ft .sq ft Hardcover: 7~a..o, sq ft I~o~ sq ft sq ft Does the present use of the property conform to all regulations for the zoning district located? Yes~/;~, No (). If no, specify each non-conforming use: in which it is Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ~x~) too narrow ( ) too small ( ) too shallow describe: ~X' /~ ' topography drainage shape Please - soil existing situation other: specify (Rev. l l/] 4/97) 6N~-lol~ .40 J,&~3 RECEIVED JAN 1998 O0: I~I t~6/fr I/I0 Iql Variance Application, P. 3 Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)? Yes { ), No ~. If yes, explain: Was the hardship created by any other man-made change, such as the relocation of a road? Yes { l, No~. If yea, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ~, No (). if no, list some other properties which are similarly affected? 9. Comments: I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upOn the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. Owner's Signature Date Date RECEIVED JAN 1 1998 goo~ GNDOR ~0 2,J.,[3 /'¥~ T0:~T 86/tT/T0 FAX ~lk 472 0620 .' CITY OF'MOUND *~-, ANGIIOR SCIENTIFI ~00 IVAM~: CITY OF MOUND HARDO'OVER O~LOULATIONS .... °°6° ADDRESS: 813FT X 30% = Z~4~ SQ FT X .' WIDTH EXISTihG LOT AREA _ EXISTING LOT ARE'~ LENGTH HOUSE: GARAGE: TOTAL HOUSE ' ** I*** **** **** **** . . I~.lx .... Iq.o = Z~ X GARAGE · . .',. TOTAL *'~"i'~ . . . . . . . . . . . . * * Z...5-,..q' '~,:' D.'VEWA¥: '- .' · .' 'TOTAL DPJVEWAY · * * * · ~ , ~ ~ , , , , ,., , , L/~ ~..;.... DECK; . X " ~= ~ "; ...L '(~-f £~nperv-£ous .' X 'surface u. nd, er - deck - 100~[) "TOTALDEOK ** ,. .. . · . ..', ~;; ~,~ .. .... ~ , . ... · · . .. ... ~,,.. .. ~ · . ' TOTALDECK @ sO%"********,*****,, .'. .... ..~/ '. /7 ' ..' TOTALOTHER ***.****......~**.. ~/7 ' HARDCOVER " ' · '.~ ". RECEIVED,.. ~ tlqar~ RECEIVED .}AN 1~! 1998 M,0Uh. ~. ~.~ ,,,, ,.,',:, IIiSP. EXTERIOR ENVELOPE AVERAGE "U" COMPUTATION by SAWHORSE CONSTRUCTION 4740-42nd Ave No Robbinsdale, Mn 55422 533-0352 Owner: Tom and Patricia Peterson Address: 4882 Edgewater Drive DETERMINE WORKING SQUARE FOOTAGE OF EACH: 1 TOTAL EXPOSED WALL AREA .... 1600.00 sq ft x "U" 2 TOTAL ROOF/CEILING AREA .... 850.00 sq ft x "U" 3 TOTAL EXPOSED WALL AREA CALCULATIONS: Total exposed wall area above block line 1600.00 sq ft a) Total wall window area: Low "E" glazed... 115.00 sq ft x "U" glazed... 0.00 sq ft x "U" b) Total door area ...... 20.00 sq ft x "U" c) Total sliding glass door area: .glazed... 0.00 sq ft x "U" .glazed... sq ft x "U" d) Total 2x4 wall area. 432.00 sq ft x "U" e) Total wall framing area (average 10%). 103.30 sq ft x "U" f) Total net wall area above floor (ins g) Total rim joist area. Total foundation area (exposed) ..... h) Total foundation window area ........ i) Total net foundation area above grade... 929.70 sq ft x "U" 23.00 sq ft x "U" 0.00 sq ft sq ft x "U" 0.00 sq ft x "U" JAN 1 1998 Phone: Date: 10/22/97 0.09 = 144.00 0.025 = 21.25 0.310 = 35.65 0.000 = 0.00 0.150 = 3.00 0.310 = 0.00 = 0.00 0.052 = 22.46 0.076 = 7.85 0.037 = 34.40 0.022 = 0.51 = 0.00 0.105 = 0.00 #3 TOTAL a) thru i) = 103.87 If item #3 is the same as, or less than item #1, you have met the intent of 2 MCAR 1.16008 A and O. 4 TOTAL EXPOSED ROOF/CEILING CA~LCULATIONS: Total exposed roof/ceiling area... j) Total skylight area.. k) Total roof/ceiling framing area (average 10%). 85.00 sq ft x "U" .850.00 sq ft 0.00 sq ft x "U" 0.310 = 0.00 0.026 = 2.21 1) Total net insulated roof/ceiling area.. 765.00 sq ft x "U" 0.022 = #4 TOTAL j) thru 1) = 16.83 19.04 If total of #4 is the same as, or less than #2, you have met the intent of 2 MCAR 1.16008 A and O ALTERNATE BUILDING ENVELOPE DESIGN To utilize the total envelope system method, the values establish by the sum of items #3 and #4 shall not be greater than the sum o items #1 and #2. Allowed #1. 144.00 + #2. 21.25 = 165.25 #3. 103.87 + #4. 19.04 = 122.91 42.34 CERTIFICATION I hereby certify that I have calculated the "U" factors and "R values herein and that the building here described meets or exceeds the State of Minnesota Energy Conservation Act. (Signature) CITY OF MOUND - ZONING INFORMATION SIIEET SURVEY ON FILE7 NO LOT OF RECORD? YES / NO YARD IlOUSE ......... FRONT FRONT SIDE SIDE ZONING DISTRICT, LOT SIZE/WIDTH: ~ 10~00 ~ff.~. Bi ?,500/0 ~ 6,000/40) B2 20,000/80 R2 '6,00~/40 B3 ~0,000/60 R2 14,000/80 R3 SEE ORD. I1 30,000/100 DIRECTION I REQUIRED EXISTING/PROPOSED LOT WILYI gOT DEPTti: VARIANCE N S E W N S E W N S (~W NSE( N S E W RI?AR LAKE N S E W 50' TOP OF BLUFF 10' OR 30' GARAGE, SIIED ..... DETACItED BUILDINGS FRONT N S E W FRONT N S E W S,DE N S E W SIDE N S E W 6' REAR N S E W 4' LAKE N S E W 50' TOP OF BLUFF 10' OR 30' CONFORMINGO YES 'x~ (NO }, ? ] BY: ~C ' ]~ATED: 'Fids 7~ning Information Sheel only sununarizes a ~rfon of the requiremen~ outlined in the Cily of Mound Zoning Ordi~nce. Planning ~partmenl at -- ARBOR LA For further information, contact the City of Mound RESOLUTION NO. 98- January 27, 1998 RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE AMERICAN LEGION POST #398 - MOUND BE IT RESOL~, that the City Council of the City of Mound, Minnesota, approves a Premises Permit Renewal Application for American Legion Post #398, 2333 Wilshire Blvd., Mound, MN. 55364. ~ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 PUBLIC GATIIERING PERMIT Use of a public park or commons by any group consisting of 15 or more individuals. Use is not to interfere with traffic and general use of the park or commons or to be beyond the ability of the police in maintaining order. NO LIQUOR OR BEER MAY BE USED IN ANY OF THE CITY PARKS OR BUILDINGS. Group is to remove all litter and trash arrd provide a deposit to insure cleaning up of the park area. Date of Use Area to be Used Time Frame Intended Use '~)~ '~'~o ~ ~ .-- t..O~t 5 t4. -.T--~ ExpectedAttendance l ~O - Z ~)~ Organization RepresentativesName Telephone No. Home: ~2Z-~7 ~ ~ Work: Drivers License Number ~- V2~-- / 5q-- q61~ Departmental Approval City Manager Police Dept. Park Dept. BILLS January 27, 1998 BATCH 7126 Total Bills $32,825.11 $32,825.11 Z la: ,' 0 0 C C 0 9 0 C: Z Z oo~ CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 MEMORANDUM January 8, 1998 TO: FROM: MAYOR AND CITY COUNCIL ED SHUKLE, CITY MANAGERCt}' SUBJECT: RESOLUTION TRANSFERRING DUTIES OF LOCAL BOARD OF REVIEW As you know, the State Legislature passed a law in the 1997 Legislative Session regarding allowing local municipalities the option of transferring the Local Board of Review function to Hennepin County. This takes the City Council out of having to determine market values of those appealing their values at the Local Board of Review level. In lieu of the City Council performing this role, Hennepin County staffhold an "open book" type meeting with property owners who wish to question or contest their value as determined by the County Assessor. The property owner would meet with the Assessor's staff, that staff would conduct a reevaluation of the value and then would indicate to the property owner if there was a change, up or down, to the property's value. The property owner would then, as they have in the past, have the opportunity to take their appeal to the Hennepin County Board of Equalization for a determination. The only change in this process is that the City of Mound would no longer have to convene as the Local Board of Review. Based upon past experiences, I have understood that the City Council wishes to remove itself as the Local Board of Review. Following this line of thinking, I have prepared a resolution transferring the Local Board of Review function to Hennepin County. If you have any questions, please contact me. prlnted on recycled paper RESOLUTION NO. 98- RESOLUTION TRANSFERRING THE FUNCTION OF LOCAL BOARD OF REVIEW FROM THE MOUND CITY COUNCIL TO HENNEPIN COUNTY WHEREAS, the City Council has traditionally served as the Local Board of Review for purposes of setting the market value for properties within the City of Mound; and WItEREAS, the Minnesota Legislature amended the law governing the function of the Local Board of Review; and WHEREAS, the amended law allows the City Council to transfer the duties of the Local Board of Review to Hennepin County; and WHEREAS, upon learning of this law change, the City Council appeared to have interest in transferring their responsibility to Hennepin County; and WHEREAS, the City Manager, in a letter dated September 30, 1997, and in a meeting of October 27, 1997, expressed to Hennepin County officials that the City of Mound would like to consider transferring the Local Board of Review function beginning in 1998; and WHEREAS, Hennepin County has requested that a resolution be passed by the Mound City Council regarding transferring Local Board of Review responsibilities from the City of Mound to Hennepin County. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby agrees to transfer its duties and responsibilities of the Local Board of Review to Hennepin County effective in 1998. BE IT FURTHER RESOLVED, that Hennepin County Assessing staff will conduct public meetings with property owners interested in meeting with staff regarding individual values. Taxpayers still have the option to appeal their market value to the Hennepin County Board of Equalization, if they so choose. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Councilmember was absent and excused. RESOLUTION NO. 98- RESOLUTION TRANSFERRING THE FUNCTION OF LOCAL BOARD OF REVIEW FROM THE MOUND CITY COUNCIL TO ~IN COUNTY WHEREAS, the City Council has traditionally served as the Local Board of Review for purposes of setting the market value for properties within the City of Mound; and WI~REAS, the Minnesota Legislature amended the law governing the function of the Local Board of Review; and WI~REAS, the amended law allows the City Council to transfer the duties of the Local Board of Review to Hennepin County; and WHlz~S, upon learning of this law change, the City Council appeared to have interest in transferring their responsibility to Hennepin County; and WHEREAS, the City Manager, in a letter dated September 30, 1997, and in a meeting of October 27, 1997, expressed to Hennepin County officials that the City of Mound would like to consider transferring the I_xx:al Board of Review function beginning in 1998; and WHEREAS, Hennepin County has requested that a resolution be passed by the Mound City Council regarding Local Board of Review responsibilities from the City of Mound to Hennepin County. NOW, THEREFORE, BE IT RESOLVEI~, that the City Council of the City of Mound, Minnesota, hereby agrees to transfer its duties and responsibilities of the Local Board of Review to Hennepin County effective in 1998. BE IT FURTHER RESOLVED, that Hennepin County Assessing staff will conduct public meetings in the City of Mound, with property owners interested in meeting with staff regarding individual values. Taxpayers still have the option to appeal their market value to the Hennepin County Board of Equalization, if they so choose. BE IT FURTHER RESOLVED, that Hennepin County Assessing Staff will compile the results of the local meeting to include a list of property owners present, and data resulting from the local meeting. BE IT FURTHER RESOLVED, that Hennepin County Assessing Staff will continue to compile similar data, i.e. sales and market information and other pertinent data as previouslyprovided to the City of Mound. Ho Information from Caribou Coffee as to who they are, what they do and how they do it. As you know, Caribou is interested in moving their manufacturing operations into the former Toro space at the Balboa Building. Several city councilmembers and EDC members took a tour of the Caribou facility in Minneapolis and were quite impressed with what they saw and are enthusiastic about the possibility of Caribou moving to Mound. 220-233 157 MINUTES - MOUND CITY COUNCIL - JANUARY 27, 1998 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 27, 1998, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Acting Mayor Andrea Ahrens, Councilmembers Mark Hanus, and Leah Weycker. Absent and excused were: Mayor Bob Polston and Councilmember Liz Jensen. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Loren Gordon, and City Clerk Fran Clar~ and the following interested citizens: The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. *CONSENT AGENDA *A. APPROVE THE MINUTES OF THE JANUARY 13, 1998, REGULAR MEETING ................................. 155-163 *B. APPROVE THE MINUTES OF THE JANUARY 20, 1998 COMMITFEE OF THE WHOLE MEETING ................... 164-166 *C. *D. RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE AMERICAN LEGION POST #398 - MOUND .... 178 SET PUBLIC HEARING FOR 1998 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM (SUGGESTED DATE: FEBRUARY 24, 1998). 153 *E. *F. APPROVAL OF BASS TOURNAMENT WEIGH-IN AT MOUND BAY PARK FOR JUNE 6, 1998, MINNETONKA BASS CLUB .......... 179 PAYMENT OF BILLS ................................. 180-184 RECONSIDERATION OF RESOLUTION REGARDING DESIGNATION OF HENNEPIN COUNTY AS LOCAL BOARD OF REVIEW .. 185-186 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. CONSIDERATION OF AN APPLICATION FOR AN OPERATIONS PERMIT, CARIBOU COFFEE, TO BE LOCATED IN A PORTION OF THE BALBOA BUILDING CURRENTLY OCCUPIED BY TORO COMPANY, 5330 SHORELINE DRIVE ...................... 187-197 APPROVAL OF CONSTRUCTION PLANS FOR THE LOST LAKE IMPROVEMENT PROJECT (DREDGING OF LOST LAKE CANAL) FOR SUBMISSION TO MNDOT (TO BE I:IANDEI) OUT TUESDAY EVENING) 154 o INFORMATION/MI$C~!.LANEOUS: Ao Preliminary Financial Report for the year ended December 31, 1997, as prepared by Gino Businaro, Finance Director ................. 198-199 B. Park and Open Space Commission Minutes of January 8, 1998 ......... 200-203 Summary of Policy Priorities developed by the Association of Metropolitan Municipalities (AMM) as the 1998 Legislative Session begins . 204-205 Invitation from LMCD re: Annual "Save the Lake" Recognition Banquet to be held Thursday, February 12, 1998 at Lord Fletcher's. Please let Fran know if you are interested in attending ................. 206 E. REMINDER: You are invited to attend the Planning Commission Meeting on Monday, January 26, 1998, 7:30 p.m., City Hall to hear Bruce Nordquist, City of Richfield speak on the scattered site acquisition program in effect in the City of Richfield. . ._~ .~ _ · I have been in contact with Dr. Para Myers, Supt. of Schools regarding the next meeting of the School Board and City Council pertaining to the joint powers agreement on the Westonka Community Center. I suggested the dates we discussed at the last City Council meeting, January 29 or February 3. Neither of those work for the School Board. She will be back in touch with me to let me know the School Board's availability. You can erase January 29 or February 3 from your calendars and as soon as I know alternative dates, I can let you know. Go Information from Mayor Bob Polston on discussions that have been taking place at the Task Force meetings of the MCWD re: Rule B. Please review and comment to Bob regarding the contents of this summary 207-219 156 January 27, 1998 RESOLUTION//98- TO APPROVE AN OPERATIONS PERMIT FOR CARIBOU COFFEE LOCATED AT 5330 SHORELINE DRIVE (BALBOA BUH.DING) WHEREAS, Operations Permits are required by City Code for new businesses operating within the Balboa Building which is a Planned Industrial Area (PIA), approved by Resolution #85-87, and amended by Resolution #87-145, #87-205, and; WHEREAS, Caribou Coffee will maintain an office and warehouse area of 40,203 square feet for coffee roasting and distribution operations and materials associated with retail coffee houses, and; WHEREAS, the firm will operate with approximately 30 employees on one shift, WHEREAS, all products stored will be dry goods consisting of green coffee beans, paper goods, and durable merchandise for retail outlets, and; WHEREAS, the company plans to expand its roasting and distribution over the next few years, and; WItEREAS, adequate parking is available for employee use within the property, WHEREAS, the proposed operation is consistent with the criteria for granting Operations Permits found in Section 350:680, Subd. 8 of the Mound Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Caribou Coffee, at 5330 Shoreline Drive, for an occupancy of approximately 40,203 square feet within the Balboa Building, providing that the nature of the business and products stored on the premises remains essentially unchanged. Approval is conditioned on compliance with all building and fire codes. 612-~S868S8 HOISINGTON KOEGLER 121 PO1 JAN 22 '98 18:20 FAX Cover Letter Hoisington I<oegler Group Inc. 123 North Third Street Suite 1 O0 Mihneapolis, Mirmesota 55401 (612) 338-0800 phone (612) 338-6838 fax [mi mn Date: Attention: FAX Number: From: Re: Comments: Sanuary 22, 1998 _ Tv' ? T .'_-I_ .: 47~-0~0 Loren Gordon Sending a total of' ~ pages, including this cover paae. If you do not receive all pages or are experiencing other problems in transmission, please callus and ask for assistance. Thank You. 612-~868~8 HOISINGTON KOEGLER 121 P02 JAN 22 '98 18:28 RESOLUTION TO APPROVE AN OPERATIONS CARIBOU COFFEE LOCATED A ~.~~ SHORELINE DRIVE (BALBOA BU~DEV~ WHEREAS, Caribou Coffee will maintain an office and warehouse area of 40,203 square feet for coffee roasting and distribution operations and materials associated with retail coffee houses, and; WHEREAS, the firm will operate with approximately 30 employees on one shift, and; WHEREAS, all products stored will be dry goods consisting of green coffee beans, paper goods, and durable merchandise for retail outlets, and; WHEREAS, the company plans to expand its roasting and distribution over the next few years, and; WHEREAS, adequate parking is available for employee use within the property, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Caribou Coffee for an occupancy of approximately 40,:103 square feet within the Balboa Building, providing that the nature of the business and products stored on the premises remains essentially unchanged. Approval is conditioned on compliance with all building and fire codes. 61~-~868~8 HOISINGTON KOEGLER Post-it' ;ax Note 7671 Co,~t ,i. , il 121 P03 .]'AN 22 ' 98 June 28, 1994 WRTREAS, Operations Permits are required by City Code for new businesses operating within the Balboa Building which is a Planned Industrial Area (PLA), approved by Resolution #85-87, and amended by 1L-solution g87-145, #87-20~, and; _~___~, the proposed oporalion is consistent with the criteria for granting Operations Pm'mits found in Section 350:680, Subd. 8 of tl~ Mound Zoning Ordinance. *~I'~]~TR*F'.n~',~ORE, BE IT ~tty Council of ~ City of ~ ." Mouad, Mi~~t ~r.~g. M.kefing for ~ ~ , ~u~,~~ua~~ ~e ~boa ~g, ~d ~t ~o ~mit "' ~ow on ~e d~g ~d ~e ~s. The foregoing resolufio~ wu moved by Coundlmember lens~m and seconded by Councilmcmber Ahem. 199 January 2 7, 1998 RF_~OLUTION TO APPROVE AN OPERATIONS PERMIT FOR CARIBOU COFFEE LOCATED AT 5330 SHORELINE DRIVE (BALBOA BUll.DING) WHEREAS, Operations Permits are required by City Code for new businesses operating within the Balboa Building which is a Planned Industrial Area (PIA), approved by Resolution//85-87, and amended by Resolution//87-145,//87-205, and; WHEREAS, Caribou Coffee will maintain an office and warehouse area of 40,203 square feet for coffee roasting and distribution operations and materials associated with retail coffee houses, and; and; WHEREAS, all products stored will be dry goods consisting of green coffee beans, paper goods, and durable merchandise for retail outlets, and; WHEREAS, the company plans to expand its roasting and distribution over the next few years, and; WItEREAS, adequate parking is available for employee use within the property, WHEREAS, the proposed operation is consistent with the criteria for granting Operations Permits found in Section 350:680, Subd. 8 of the Mound Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to approve an Operations Permit for Caribou Coffee, at 5330 Shoreline Drive, for an occupancy of approximately 40,203 square feet within the Balboa Building, providing that the nature of the business and products stored on the premises remains essentially unchanged. Approval is conditioned on compliance with all building and fire codes. · PLANNING REPORT Hoisington Koegler Group Inc. Ill[] TO: Mound City Council FROM: Loren Gordon, AICP DATE: January 27, 1998 SUBJECT: Caribou Coffee Operations P~rmit - Balboa Center OWNER: Balboa Center Ltd. Partnership LOCATION: 5300-5900 Shoreline Drive · EXISTING ZONING: Planned Industrial Area (PIA) COMPREHENSIVE PLAN: Industrial BACKGROUND: Caribou Coffee has submitted an operations permit application to locate their coffee roasting and distribution operations to Balboa Business Center. Caribou's current operations are located in downtown Minneapolis in a multi-floor building. This facility houses all support operations for the company's retail stores across the country. Current and projected growth is forcing the company to secure a larger single story facility to accommodate their needs. In addition to the Mound site, representatives have indicated that the company is considering other sites in Long Lake and Chaska as well. At this time, the Balboa Center appears to be Caribou's preferred location. The proposed plans are to utilize 40,203 sf of the space the current Toro operations. The company and leasing agent are working on a transition plan with Toro for moving into the space. Estimates are to utilize about 24,000 sf for warehousing of coffee beans, durable retail store products and packaging. Roasting operations would use approximately 14,500 sf. Office space for staff would comprise 1,500 sf. The company anticipates the current operations will require 30 employees. Continued growth will probably require additional staff but it is too early at this time for accurate employment projections. Caribou runs a one shift operation currently which is their preferred schedule. They would like to maintain this schedule in Mound if at all possible but may need to expand to keep up with company growth. In terms of worker compensation, the current minimum hourly salary is between $9 - $10 per hour. The company would plan to maintain this rate with the move to Mound. DISCUSSION: The proposed company operations fit within the range of uses outlined for the Planned Industrial Ama District. As primarily a manufacturing and warehousing operation, the building is certainly conducive to the company operations. Them are some issues that should be 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 2 Caribou Coffee Operations Permit January 27, 1998 raised in regards to their operations. Truck traffic is projected to be low for this type of use. The company projects to receive one semi-tractor trailer shipment of coffee beans and/or product per day. Most of these shipments would arrive' after 6 a.m. Deliveries to local retail stores would be more frequent but would use smaller vans for transport. The coffee roasting operations appear to be the largest item of concern for this type of business. During the coffee roasting process the effluent is released outside. There is some concern about the odor associated with this process. The company uses a system of cleaners to reduce the strength of the odor before it reaches the outside air. Caribou believes that the odor should disperse fairly quickly from the Balboa Center site because of the surrounding environment. In the Minneapolis facility, the number of large buildings hampered dispersion. In evaluating the merits of a conditional use the Council may make the following findings in rendering a decision. These conditions which may be considered include but are not limited to the following: 1. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity. 2. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. 3. That adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided. 4. That adequate measures have bee or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. 5. That adequate measures have bee~r will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. 6. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. 7. The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 8. The use is not in conflict with the policies plan of the City. 9. The use will not cause traffic hazards or congestion. 10. Existing adjacent uses will not be adversely affected because of curtailment of customer trade brought about by intrusion of noise, glare or general unsightliness. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 p. 3 Caribou Coffee Operations Permit January 27, 1998 RECOMMENDATION: Staff recommends the Council approve the operations permit for Caribou Coffee as requested. This type of operation is a good use for the Balboa Center. It occupies a large percentage of the Toro's space that would otherwise become vacant. There are certainly other types of industry that could locate and operate under the operations permit that could have greater potential for negative impacts. It is difficult to know if or to what extent the coffee roasting odor will impact the adjacent residential neighborhood. Based on a site survey of the current company operations, the odor and smoke conditions could be less noticeable than the current location, There are other local food production facilities that may have a stronger odor than coffee roasting. If problems do arise with the odors, the City should take a position to work with Caribou to address the situation if warranted. 123 North Third Street, Suite 100, Minneapolis, Minnesota 55401 (612) 338-0800 Fax (612) 338-6838 RECEIVED iCity Council Date~ Distribution: City Planner: Building Official: Other: OPERAIqONS PERMTF APPLICAq/ON City Of Mound, 5341 Maywood Road, Mound, M~ 55364 Phone, 472-0600, FAX, 472-0620 Operations Permit Fee~ Case No. Uses by Operations Permit: Within any Planned Industria Area, no structure or land shall be used for the uses listed within the Zoning Ordinance, Section 350:680, Subd. 6. (attached), except by operations permit. Criteria for granting operation permits is the same as listed in Zoning Ordinance Section 350:525, Subd. 1, A - L (attached). All operations permits must be approved by the City Council. Applications must be received two weeks prior to the City Council meeting to allow time for staff review. The City Council meets on the second ~nd fourth Tuesday of each month. The City Council meetings are held at City Hall in the Council Chambers, and commence at 7:30 p.m. The applicant or a representative is encouraged to be present at the meeting. Section I - Applicant Information 1. Street Address of Property S3OO-g?o~ Shn~cl,'n~, ~,'v~ e Legal Descriptiofl of Property: Lot Addition Block PID No. Section 2 - Business Information 1. Name of Business -' Total Floor Area Manufacturing Area Sales Floor Area Office Ar~a /,f~o J Warehouse Area .~, ~5 ~J Other (please s.~ecif¥) Describe Nature of Business ,~ ~r ~, ~xsr~Z~-~- ~a-~-T C~ Wholesale Retail 4. Location (cite unit number or attach floor plan) e Number of Employees: 1st Shift 3rd Shift -- 2nd Shift - e Adjacent U~ses (list busin, esses) Section 3 - Business Operations 1. Describe Products Produced or Services Offered (attach product brochures if available)C~--clA<_ qO~%~,3/~=-~ O~- ~.~.~-~- e. DF~r~=- CS~-~q~ What'types of materials will be shipped into and/or stored within the premises? &~z~ c~__r-~.~n~ ~.oi::z~. ~%~ ,e~'~ ~o~'r, {,~-7' ~jc.~'lz,~.~ . Will materials be shipped b~: rail other (specify) L~c,~-- ;~-~-~ ~--/ semi truck Will delivery vehicles be stored on the property? Yes No ~" . If yes, attach site plan showing parking stalls assigned to delivery vehicles. Does the business plan future expansions at this locatic~? Yes ~- No . If yes, describe amount of anticipated expansion and timing. Will the business require any modifications to the exterior of the existing building including but not limited to doors, windows, overhead doors, cooling towers, HVAC units, etc? Yes ~- No . If yes, please described and attach a floor plan and exterior building elevation drawings. ~LC ~u-~y. ~ ~~ ~,~Dc~E-~ ~-~ ~"(~o~., Will the proposed operation involve: Noise Generation: No ~ . If yes, descrike source and amount ~es Odor Generation: Yes w- No source and amount Toxic a~/or ~ous Waste ~neratian: Yes If yes, describe source and amount . If yes, describe Provide a detailed listing of all chemicals which will b~ discharged into the sanitary sewer system. Will the operation include either interior or exterior storage of bulk chemicals? Yes No ~' . If yes, attach floor plan and/or site plan showing-location and describe siDill/leakage containment provisions. e Other than chemicals, will the operation require outdoor storage of any materials? Yes No v~ . If yes, describe materials and attach site plan showing locations and identifying proposed screening by type and location. Section 4 - Certification I certify that all of the above statements and the statements co~tained in any required papers and plans to be suk~itted herewith ar~ true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be r~ired by law. Signatur~ of Applicant ~~ ~---- Date Section 5 - City Review and Action Reviewed by: Planner Building Official City Engineer City Manager City Fire Chief Other I I I I I --I ........ T"" I I I I EXHIBIT A Lots 19 to 21 inclusive Block 11, "Abraham Lincoln Addition to Lakeside Park, Mound, Minnetonka.' That part of Lots 22 and 23, Block 11, lying south of a line drawn from the most westerly corner of Block 9 to the point of intersection of the southeasterly line of Block 11 with a line drawn parallel to and 40 feet n~rtherly, measured at right angles, from the southerly line of Block 11 and its extension, all in "Abraham Lincoln Addition to Lakeside Park, Mound-Mi_nnetonka.' Lots I to 5 inclusive, Block 11, "Abraham Lincoln Addition to Lakeside Park, Mound, Minnetonka', according to the duly recorded plat thereof.: The northerly, westerly and southerly boundary lines of said Lot 1, the northerly and southerly boundary lines of said Lots 2, 3 and 4, and the, and the northerly, easterly and southerly boundary lines of said Lot 5 are marked by judicial landmarks set at the northwest and southwest corners of said Lot 1, at the southeast corner of said Lot 5 and at a point on the Easterly line of said Lot 5 distant 4 feet Sou, theasterly from the northeast corner of said Lot 5, pursuant to Torrens Case No. 15803. Lots 23 to 28 inclusive, "Koehler's Addition to Mound", Lake Minnetonka, according to the recorded plat thereof. The north, east and southerly boundary lines of said Lot 23, the north and south boundary lines of said Lots 24, 25, 26 and 27, the north, west and southerly boundary lines of said Lot 28 are marked by judicial landmarks set at the northwest and southwest corners of said Lot 28 at the northeast and southwest comers of said Lot 28 at the northeast and southeast corners of said Lot 23, pursuant to Torrens Case No. 15804. Lots 6 to 12 inclusive, Block 11 "Abraham Lincoln Addition to Lakeside Park, Mound, Minnesota", according to the duly recorded plat thereof. Lots 13 to 18 inclusive, Block 11, "Abraham Lincoln Addition to Lakeside Park, Mound, Minnesota", according to the duly recorded plat thereof. The easterly line of Lot 18, Block 11, said subdivision is marked by judicial landmarks set pursuant to Case No. 15803. That part of Lot 36, Auditor's Subdivision No. 170, Hennepin County, Minnesota, and that part of the southwest 1/4 of the southwest 1/4 of Section 13, Township 117, Range 24, all described as beginning at a point on the north line of said Lot 36, distant 25 feet west from the northeast comer thereof, which point is marked by a judicial landmark set pursuant to Torrens Case No. 15078; thence east to the northeast corner of said Lot 36, which point is marked by judicial landmark set pursuant to Torrens Case No. 16002; thence south along the east line of said Lot 36 and its extension to an intersection with a line drawn parallel to and 33 feet southerly from the southerly line of said Lot 36; thence westerly along the last described parallel line to its intersection with a line drawn south, parallel to the east line of said Lot 36 and its extension from the point of beginning; thence north along said last described parallel line 34.15 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 15078; thence continuing north along said last described line 121.9 feet to the point of beginning. That part of Lot 8, Block 5, Sylvan Heights Addition to Mound-Minnetrista Township, Hennepin County, Minnesota, described as follows: beginning at the northwest corner of said Lot 8, which point is marked by a judicial landmark set pursuant to Torrens Case No. 16002, thence east along the north line of said Lot 8, 358.35 feet to a point which is 134.4 feet westerly from the northeast corner of said Lot 8, which point is marked by a judicial landmark set pursuant to Torrens Case No. 15805; thence south parallel to the east line of said Lot 8, 287.3 feet to the south line of said Lot 8, which point is marked by a judicial landmark set pursuant to Torrens Case No. 15805, thence westerly and northwesterly along the south Line of said Lot 8, 207.77 feet to a point which is marked by a judicial landmark set pursuant to Torrens Case No. 16002; thence continuing northwesterly along said south line 162.58 feet to a point which is marked by a judicial landmark set pursuant to Torrens Case No. 16002; thence continuing northwesterly along said south line to the west line of said Lot 8; thence northerly along the west line of said Lot 8 to a point which is 40.14 feet south of the northwest corner of said Lot 8, which point is marked by a judicial landmark set pursuant to Torrens Case No. 16002; thence according to the recorded plat thereof. That part of the southwest 1/4 of the southwest 1/4, Section 13, Township 117, Range 24 described as beginning at the northeast corner of Lot 36~ Auditor's Subdivision No. 170. Hennepin County, Minnesota, said point being marked by a judicial landmark set pursuant to Torrens Case No. 16002; thence westerly, along the north line of said Lot 36 a distance of 25 feet to a point marked by a judicial landmark set pursuant to Torrens Case No. 15078; thence north parallel with the east Ii.ne of said southwest 1/4 of the southwest 1/4, to the point of ~ntersection with a line 40 feet northerly of measured at a right angle to and parallel with the northerly line of said Lot 36 said point of intersection being marked by a judicial landmark set pursuant to Torrens Case No. 17105 thence easterly, along the last described parallel line a distance of 25 feet to the point of intersection with the east line of said southwest 1/4 of the southwest 1/4, said point of intersection being marked by a judicial landmark set pursuant to Torrens Case No. 16002; thence south, along said east line, to the point of beginning, according to the Government Survey thereof. Lots 10 to 14 inclusive, and that part of Lot 15, lying north of the south 8 feet thereof, all in Block 2, L.P. Crevier's Subdivision of part of Lot 36 Lafayette Park. Lots 1 to 11 inclusive, Block 5; Lots 1 to 7 inclusive, and that part of Lot 8 lying easterly of a line drawn south, parallel to the east line of Lot 8, from a point on the northerly line therof distant 134.4 feet westerly from the northeast corner of Lot 8, Block 6; All of Yost Street, vacated, lying between the extension across said street of the northerly lines of Lots 1 to 6 inclusive, Block 6, and a line drawn from the southwest corner of Lot 1, Block 6, to the southeast corner of Lot 11, Block 5; All in Sylvan Heights Addition to Mound-Minnetrista Township, Hennepin County, Minnesota, according to the recorded plat thereof. The boundary lines of the above tract have been judicially determined and marked by judicial landmarks as shown by Torrens Case No. 15805. Lot 1, Block 1 and Lot 1, Block 2, Balboa Addition, Hennepin County, Minnesota. i i I I i i CITY OF MOUND BUDGET REVENUE REPORT DEC. 1997 100.00% GENERAL FUND Taxes Business Licenses Non-Business Licenses and Permits Intergovernmental Charges for Services Court Fines Other Revenue Transfers from Other Funds Charges to Other Departments DEC. 1997 YTD PERCENT BUDGET REVENUE REVENUE VARIANCE RECEIVED 1,266,460 639,449 1,288,745 6,250 25 4,437 121,800 23,602 150,978 968,210 425,455 1,021,021 51,100 412 9,932 65,000 7,319 105,779 43,300 39,630 71,771 43,500 43,500 43,500 10,000 2,686 16,035 22,285 101.76% (1,813) 70.99% 29,178 123.96% 52,811 105.45% (41,168) 19.44% 40,779 162.74% 28,471 165.75% 0 100.00% 6,035 160.35% TOTAL REVENUE 2.575.620 1.182.07~ 2.712.198 136.578 105.30% FIRE FUND RECYCLING FUND LIQUOR FUND WATER FUND SEWER FUND CEMETERY FUND DOCKS FUND 336,020 30,054 380,025 108,320 2,965 115,298 1,525,000 154,404 1,533,378 430,000 21,589 409,996 880,000 37,440 922,423 4,100 1,300 3,445 73,800 0 70,192 44,005 113.10% 6,978 106.44% 8,378 100.55% (20,004) 95.35% 42,423 104.82% (655) 84.02% (3,608) 95.11% 0112011998 rev97 G.B. CITY OF MOUND BUDGET EXPENDITURES REPORT DEC. 1997 100.00% DEC. 1997 YTD BUDGET EXPENSE EXPENSE GENERAL FUND Council 69,370 4,344 Promotions 4,000 0 Cable TV 800 249 City Manager/Clerk 193,470 ~ 19,802 Elections 2,100 0 Assessing 59,480 1 Finance 168,960 17,947 Computer 23,550 47 Legal 114,460 7,218 Police 924,350 94,900 Civil Defense 4,100 298 Planning/Inspections 172,870 29,058 Streets 405,270 61,575 City Property 82,840 1,841 Parks 148,550 9,982 Summer Recreation 36,200 32,714 Contingencies 20,000 25,491 Transfers 161,390 19,829 79,390 4,000 1,786 189.276 1 963 61.440 162783 15763 101.733 869.997 3,107 186,491 435,227 77,069 141,848 32,714 54,672 161,390 PERCENT VARIANCE EXPENDED (10,020) 114.44% 0 100.00% (986) 223.25% 4,194 97.83% 137 93.48% (1,960) 103.30% 6,177 96.34% 7,787 66.93% 12,727 88.88% 54,353 94.12% 993 75.78% (13,621) 107.88% (29,957) 107.39% 5,771 93.03% 6,702 95.49% 3,486 90.37% (34,672) 273.36% 0 100.00% GENERAL FUND TOTAL 2,591,760 325,296 2,580,649 11,111 99.57% Area Fire Service Fund 336,020 Recycling Fund 118,950 Liquor Fund 211,920 Water Fund 429,300 Sewer Fund 1,020,460 Cemetery Fund 8,100 Docks Fund 68,440 29,979 278,129 57,891 82.77% (18,991) 110,654 8,296 93.03% 95,809 287,315 (75,395) 135.58% 93,351 447,746 (18,446) 104.30% 47,245 1,055,878 (35,418) 103.47% 270 8,012 88 98.91% 919 42,647 25,793 62.31% Exp-97 0112011998 G.B. m~vr~s- ~'A~: ,~ 0~.~ S~'~C~. CO~mSS~O~- ~/~VAm' S, ~S PARK AND OPEN SPACE COMMISSION MINUTES January 8, 1998 Present were: Peter Meyer, Bev Botko, Rita Pederson, Tom Casey, City Council Representative Leah Weycker, Parks Director Jim Fackler, and Secretary Clare Link. Those absent and excused were: none. Marilyn Byrnes has resigned. MINUTES Motion made by Botko, seconded by Pederson to approve the minutes of the December 11, 1997 Park and Open Space commission meeting, as written. Motion carried 4-0-1. Weycker abstained from voting. AGENDA CHANGES The following changes were made to the agenda: 6A. Plan Discussion; 6B. Worksession Discussion Items. Comprehens ire ELECTION OF OFFICERS Commissioners discussed nominations for Chair. Motion made by Pederson, seconded by Botko to nominate Peter Meyer as Chairperson for 1998. Motion carried 4-0-1. Meyer abstained from voting. Meyer declined the nomination. Motion made byPederson, seconded by Botko to nominate Thomas Casey as Chairperson for 1998. Motion carried 4-0-1. Casey abstained from voting. Motion made byPederson, seconded by Weycker to nominate Peter Meyer as Vice Chair. Motion carried unanimously. 1998 AGENDA CALENDAR Fackler reviewed changes for 1998. WORK RULES Motion made by Casey, seconded by Botko to add a work rule to change meeting time to 7:$0 p.m.. Motion carried unanimously. c~00 MINUTES - PARK & OPEN SPACE COMMISSION- JANUARY 8, 1998 Weycker questioned whether a time limit is needed. She found it distracting although it does keep things moving along. Meyer agreed. Botko suggested eliminating 7 and 8 relating to time limits. Motion made by Weycker, seconded byMeyer to eliminate 7 and 8 from the work rules relating to time limits for discussion. Motion carried unanimously. Commissioners discussed 19 relating to the need to write a motion. Casey believed it is helpful when motions tend to get technical. It was the consensus 19 remain. Commissioners discussed 20. It was decided to revise the language to make it clearer. Motion made by Weycker, seconded by Casey to change 20 "before a second is made,,, delete ,,an action is taken,,. Motion carried unanimously. Meyer suggested 12 be deleted. Fackler stated it should remain, because there can still be a quorum with the chair and vice chair not in attendance. Weycker discussed item 22. Motion made by Weycker, seconded by Botko to add to 22: "except call for the question which calls for a 2/3 vote,,. Motion carried unanimously. Weycker noted a typo reading "lake" of knowledge which should be changed to "lack" of knowledge under 31. Casey noted 32 should be 33. FUTURE USE OF ISLAND PARK HALL Fackler stated he is getting estimates on the roof. He was concerned about getting estimates for the windows when they'll just be broken again. Weycker felt it would be premature to fix the windows until a use is determined. Meyer believed the building the roof should be fixed, windows replaced, and the building painted. Pederson discussed the importance of showing pride of ownership and reaching out to the citizens for their input on uses. Commissioners discussed window replacement. Casey suggested getting an estimate to determine how much it will cost to repair the windows. Fackler stated he will get an estimate. Commissioners reviewed the motion made at the previous meeting. MINUTES - PARK & OPEN SPACE COMMISSION- JANUARY 8, 1998 The motion will stand as written. The motion was as follows: ,,Motion by Case¥, seconded by Pederson to request staff to pla~e an article in the next City newsletter asking for input from residents. Motion carried unanimously.- Pederson asked whether the goal is to save the building. It was agreed it is. Weycker believed it is worth contacting the Historical Society for state funding. She offered to call them. She will also contact the local paper to discuss an article. COMP PLAN Fackler stated the Comp Plan' schedule is still being determined, and more details will be provided in the future. Casey stated he would like to have verified whether the 1990 Comprehensive Plan was ever approved by the Met Council and any changes that were made to it. Commissioners discussed the Comprehensive Plan, development of trail systems, conservation easements, and green space. WORKSESSION DISCUSSION Weycker reviewed items from worksession in October. Botko updated the commission on participation in the Community Education book. Pederson suggested waiting a year. Casey discussed a possible trust on the Alwin property. he could talk to him again. He stated Commissioners discussed requesting funds from gambling for various projects. Restoration of the Island Park Hall was suggested. Commissioners will contact representatives of the four organizations to get donation guidelines. commissioners discussed park dedication fees. Weycker suggested the inventory of open space be discussed at a future meeting. Commissioners reviewed the remainder of items on the list. Casey offered to prepare a tax forfeited land ordinance for future review. Commissioners discussed holding meetings in the coffee room when public hearings are not scheduled. .REPORTS A. City Council Representative Weycker noted the budget has been approved for 1998. reviewed highlights. She MINUTES - PARK & OPEN SPACE COMMI8810N- JANUARY 8, 1998 Park Director Fackler updated the Commission on park activities. The Depot will be upgraded in March (paint, carpet, window treatments, cabinets, etc.). He asked for commission involvement in the selection process. Pederson and Weycker volunteered. Playground equipment for parks has been ordered. xotion made by Pederso~, seconded by Weycker to adjourn the meeting at 9:34 p.m.. Xotion carried unanimously. Yes, confirm my reservation for the Thirty-first Anniversary "S AVE T H E L A K E" Recognition Banquet, Thursday, February 12, 1998. My check (payable to LMCD Save the Lake) is enclosed for persons at $23.00 each, total $ NAME ORGANIZATION Return to arrive by February 5 to: LAKE MINNETONKA CONSERVATION DISTRICT 2500 Shadywood Road, Suite 19, Excelsior, Minnesota 55331 (612) 471-9588 JAN--16--98 FRI 02:87 PM ~IUNITECH IHt 612 4?2 5754 .,P,,'".01' MUNITECH, INC. Phone: MANUFACTURERS R£PRFSENTATIVE UPONOR ETI CO. 2373 Wilshite Blvcl, Mound. MN 55364-1634 {6121 472-2718 Toll Free: 1-800-472-7989 Fax: 1612J 472-5754 Facsimile Cover Sheet To: Company: Phone: Fax: From: Company: 51unilcch, inc. Phone: 612/472-2718 Fax: 612/472-5754 Pages (includinR ti,is cover sheet): I '3 JAH-16-98 ~RI 02:0? PM MUHITECH IHC 612 4?2 5?54 .~.02 To: F£oiil: Date: RE: Sto~mwate), Task Force Micl~ael A. Panzer Louis N. Smith Sa.nuury 13, 1998 Summary of Task Force 'q:'indings' and Dra~ Recommendations This nlemo pzovides a more detailed summary office Task Force discussions to date, and some specific recommendations f,:r consideration. I. ~eneral Ovcn'le~v of Rul~ B Requirement~ MCWD Rule 13 generally :~ets standards fo.r subdivision ~,~d development of'. land: con~rol site ere ;loft during construction periods; · limit stm'mwatcr rtmolTrates to pre-project levels (r~o increase in discharge); and · require water q~)nlity meastu'es to reduce pollutant Levels in runoff(principally phosphorous) by approximately 50%; Controlling site erosion mid rttnoffrales is usually achievable without significant efi:ect on site designs. Water quality provisions can significantly affect site designs, economies, and project 15asibility. Rule 13 therefore provides an option for dave/opers to meet water quality provisi~, ~s through a voh}ntary cash contrib,.:tion toward the pro-rata co$1; of et'f-site water quality treatme'~:t facilities incurred by the MCWD to construct regional or sub-watershed stonnwate, r management l:;'~cilities for that purpose. Issues wi~h Rule B ImplE.,tentation. 'fhe Stom~water Task Force has provided extensive discussion from a broad cross section of mu~licipalitit~s, developers, and other govemn'tetE agencies regulating Storm wator m}d water quality issues. From these discussions, a rltlmbcr ofissue, s were identifie~t, I'br which the MCWD has developed proposed sob.~tion.,L A summa.ry of these issues and solutions follows below. JAH--16--98 ~RI 02:88 PM MUHITECH 612 47 ~la 3~ 155o 5?54 P'.03 -\. Fuasibilit¥ and Necessity ~' NURp Pol~ds on SFc~pller Sitc~ The Task Force has examined wheli~e~- NURP standards should apply to all development The Task Force has recommended that certain smaller d~velopment ares be considered minimus" and not require a permil, whi/e o~her sizes and rises would, require "BMPs" without pondin$ requirements. B. .NURP Performanc:e vs. Desigq On commercial/industrial/institutional development sites o£moderate size, the '~ .~sk Force has recon'unended that NU'R? design standards not be required. Instead, NURP "porl:oma~mce" criteria (40 to 60% nutrlem removal efficiency) would be required. NU :.? design standards arc required 011 largo development sites, unless unique site constraints make ~. unfeasible. C. Streets, Roads agO_Highways_ While roadways represent ~t significant expansion of impervious surface within tile watershed, the linear natt~re of the :;e projects, the limited amount of right-of-way, and the frequent "crossing of subwatershe] boundarie.%" render the application of NURP pondJng requireolents difficult. The '["ask l"orce has reconlmended that smaller road projects be considered "de minimus." D Redevelopm.~:nt 'Die Task Force has recommended that only redevelopment resulting i,a an increase impervious surface be regulated under Pule B. E. Con_u'il.~utim~,~ for Off-site Ponding Developers have generally appreciated the option of making a cash contril..:tion on smaller sites where constraints preclude on-site water quality facilities. Some municipal representatives have expressed disagreement with the optional cash contribution, especially in cases where mtuficipal stormwater utilities are in place. Some cities have also objected to a requirement applied by the MCWD in the past that contributions may only be made by developers in cases where there is either a planned MCWD regional stonnwater facility in the sm~e sub-watershed, or a coope,'ative agreement has been =xecuted with the municipality. The Task Force agrees that regional pending is tile desired policy. The Task Force is still discussing how to apply these contribtnions requirements and in what eirctanstances. Some municipal ;tie.~ arc currently negotiatin;g cooperative agreements with MCWD whereby the developer contributions would be shar..'d with the city for stormwater management projects. JAN-16-98 FRI 82:89 PM MUNITECH INC 612 4?2 5?54 P.04 FILE No. 641 01/1~ '~ 08:11 ID:~ITH P~KE~ 61~ 344 1~ ~ 5 The Stormwater Task Force discussions have focused on examples where down,-:.~ream storm watct m~magemcnt thc/Ii ties att) in place, rendering onsite stormwater management u:meccssary.. This approach is consistent with the MCWD's approach in Ihe past where anicipal stormwater plans are in place to control discharge rates. I'H. Detailed Recommendatloo~, The following discussion presents a det~,iled f ' ralllework ~or consideration and disc tl:~sion by tile '1' ask Force, ill light of the concepttud dir~'ctions outlined in Par~ II o.f tl~s memora:.dum. P~t A reviews the initial proposal presented by d~e MCWD stafl~ and Pan B reviews cha:~ges suggested by tl~e Task Force, ' Single Family Home_..C~. nstruction: The construction of a single family home is exempted t¥om regulation under Rule B. ~Dev¢lomnent: Low Density Residenli~i Subdivisiql~s_ Lot Siz~ Greater.Than or This residential development is typifiec by sh~glc tlunily residemial lots in a new subdivision, ff the subdivision is less than 5 acres, the project is exempted fi'om regulation under Rule B and no MCWD permit is required. If the subdivision is 5 or more acres but less than 10 acres, a MCWD permit is required. For this subdivision size, the applicant mu~t prepare an erosion control plm~ and incorporate B¢'.~ Management Practices (BMP's) into the project aimed a~ reducing runoffrales and cnhmacing runoff quality (See attacht, d BMP descriptions). Permits are issued by MCWD staff or the engineer. IF lhe subdivision is 10 acres or more, but less than 20 acres, the project must incorporate a delention/retention/infiltration pond to limit' runoff rates to pre-project conditions tu~d an erosion control plan must be prepared. Permits are issued by order of the Board of Managers after a public hearing. If the subdivision is 20 acres or more, a wet detention pond must be incorporated that limits runoff rates to pre-project conditions and that is J;~-16--98 FR! 02:89 PM MUNITECH I~qC FILE No. (S'~i Olx14 '95 08:11 ID:$Pi'.H PARKER 6i2 4?2 612 344 1S.50 5?54 P'.' 85 PPP.~ conaisTcnt with i i fRP deaign guidance cot~ta½ned ill "Protecting Water_ Quality in Urbar.....:.kr&~", M?C'.^, ! 991., Permits are issued by order of the Board of Managers after a public he~:ing. Waivers for linfiting rmloffrates on-site are granted when the applicant can demonstrate that a lhcility alread~ exists that receives runoff from iho site and has be~:n designed to limit the rate of runoff, or where such a facility h~ beeq ordered by the MCWD, a city, a county or the State of Minnesota. High Der~sity 11., !.ident'itd Subdivision..;- Lot .qizc Less Thml 1/2 ~.cre This is residentk' development is typified by small lots or a multiunit residential subdix ,.gion. II'the subdivi:,ion is less than 1/2 acre, the proje, t is exempted fi'om regulation under Rule B and no MCWD permit is required. If the subdivision is 1/2 acre or more but less than 5 acres, a MCWD permit ~s require. For this subdivision size, the applicant must prepare an erosion control plan trod incorporate laMP's into the project aimed at reducing runoff rates and enhancing mnoff quality (.gee attached BMP descriptions). P~;rmits are issued by MCWD sIaffor engineer.. If the subdivision ~s 5 acres or more, but less fl~an 10 acres, the prqject must incorporate ~':. detention/retentiu.;/in/iltration pond to limit runoff rotes to pre-prqje c conditions and an erosion COlitrol plan miL, it be prepared. Permits ~re issued by ord::r of the Board of Managers after a t':ublie he~u'ing I:' thc subdivision is 10 acres or more, a wet detention pond must be incorporated that bruits runoff rotes to pre-project conditions and that is consistent with NURP desigli guid~ce contained in "Protecting Wal:er .(,:~!alit¥ in l,lrbm~ :~r.r.~t", MPCA, 1991. Permits are issued by order of the Board ofManag,.rs at'ter a public hc,'u'ing. Waivers ibr limidng runoffrates on-site are granted when the applicant c:m demon-,trate ti..~! a facility ~dready exists that receives runoff from fit, site. and has been ri :signed to l.imit the rate ofronoft; or where such a facility has been or:)ered by the MCWD, * city, a com~ty or the State of Minnesota. $;~N-1__6-98 ~RI 82:18 PM I~UNITECH II~C 612 4?2 5?54 P.06 FILE No. 841 01/14 '98 08:12 ID:SMITH PARKER 612 344 1550 PAGE 7 New Roads/Streets Where a new road or street is being built, dlat has not been previously permitted by the MCWD as part ora sut: ,!ivision or new land use, a separate permit is required. [f the new impervious surface associa.tec with the road/street is less than //2 acre, the applicant must prepare an e.'osion control plan -',nd incorporate BMP'$ into ihe project ,xime;:l at reducing runoff.rates and enhancing runoffquality (See attached F.:MP descriptions). Permits lu'e issued by MCWD stat'for engineer.. Il'the new impervious surface is 1/2 acre. or more, a wet detention pond must be incorporated that limits rm~oft'r,:tes to laX'e, project conditions and that is designed to reduce incoming total 2hosphorus loadings by at [e~..-.~- 40% using the PondNet model, assumin:; normal precipitation and an average total phosphor':~s concentration of $00 l. tg/] in runolT generated within the ri,Iht-of-way. Permits are issued by order of the Board of Managers al)er a public hearh)g. Waivers for limiting runoff rates on-site are granted when fine applicant cma demonstrate that a facility already exists that receives rtRloff from fl~e site, mad has been designed to limit the rate of runoff, or where such a £acility ha~ been ordered by the MCWD, a city, a eotuaty or tile Stale of Minnesota. Corem ercial/ln0!,:strial!fns~titutiona! If the site is less than 1/2 acre, the appli... :)t must preps, re an erosion control plan and incoq>orate BMP's into he project aimed at reducing rtmoffrates ~md enhancing runoffqualiL (Soe attached BMP descriptions). Pm}lira may be issued bi MCWD staff or engineer. If the site is 1/2 i~.cre or more, but less t,.: a $ acres, the project must incorporate a detention/retention/infiltT. ,ion polld to lknh runoff rates pre-project cond]:ions and an erosion ¢,,nt].ol plan nlust be prepared. Permits are isstlcJ by order of the Boa...i of M'anagers lifter a p~blic hearing, Iflhe site is $ ac):s or more, but less tll...l l0 acres, a v-et detention pon,, must be incorpor.'~ted that limits rttnoff rates to pre-project conditions ar zhat is desJglled t,, reduce incoming total phosphorus loadings by at l~t.,i: ,l 0% using the Pc ndNet model, assuming normal precipitation artd mi average total phosphorus concentration of $00 I~g/1 in runoff.generated .IA~--16--98 ~RI 02: ll PM HU~ITECH I~C 612 4?2 5?54 £rom the site. Permits are issued by order of thg Board of Mtu. l~ge, $ after a public hearing If the site is 10 acres or more, a wet detention pond must be incorporated that limils rtnl( ffrates to natural conditions i!~ that is consistent with NURP design gtddm~ce contained in "P._!rgtectJng Water OuaJit.¥ in Urban .Areas", MPC& 1991. Permits are isst,, 2 by order of th~ Board of - Managers afte: a public hearing. Waivers for limiling runoff rates on-.~tta m'e granted when the applicant c:m demonstra,: that a fficili~, ah'cad) ~Msts that receives runoff fi'om the si ..e, and has bz n designed to limit tl,.. tale ofrunoft~ or where such a facility has bet ordered by the MCWD, a city, a cotmty or thc State of Mi~esota. (Management of water quality i:.: more effective and practical xvhen designed for subwutersheds or regions. To encourage a mot: et'fectiv¢ approach, whenever the sulxlivision size, site size or amount of new impervious :..face calls for wet detention to address water qualiw, ~i':e owner/developer may request t. make an optional cash contribution toward using a rcgic:,a} [kcility and forego the expense o.:' onsite water quality facilities.) B. Stormwater '~k Force Suggestions !. Single Family Fl'proc Coni:Iru¢lion: No change, same as I. above. 2. New Land Developroent: Low D¢~.~sitv Res!.dential SubdM~ions - Lot Size Greater _Equal to 1/'2_ ac~ No change - same as l.a above. l-~i~la Den~nity Re_~dential Subdivisions -Lo$ Size Less Th~0 1/2 i!::re If the subdivisim~ is less than 2 acres and inc}udes 4 traits or less, the project is exempted from regulation under Rule B and no MCWD pemfit is required. If the subdivision is 2 acres or more but less than 5 acres, a MCWD permit i~ requised. For this subdivision si~z, the applicant must prepare aaa erosion control plan and incorporate BMP's into the project aimed at reducing runoffrates and enhancing mnoffquality (See attached BMP descriptions). Permits are issued by MCWE, staff or engineer. JAN-16-98 ~RI 82:11 PM MUNITECH INC 612 4?2 5?54 p~.~.~ o.. if the subdivision is S acres or more, L..,t less than 8 acres, the project all:st incorporate a d: tentiow'retenfion/infi i~ ,.riot1 pond to limit runoff rates to pre-project con. litions and an ero$ior~ . ontrol plaa must be prepared. Permits are isst. ed by order of the Bo...1 of Managers after a public hearing. If the s,~bdivisk, n is 8 acres or more, ;..vet detention pond must be incorporated thai limits rtmoffrates ,.:,. :e.projeet conditions ~nd that is consistent x~,'ith NURP design guidat .,:: ;oatained in "Protecting Water ~r.,. Axeas', MPC& 1991. Permits are issued by order ofihe Board of Managers ariel' a public hearing. Waivers for limiting runoff rates on-site are granted when the applicant can demonstrate 1.lint a f~cility ah'eady exists that receives runoff fi'om the site, m~d has bee:: designed to limit the rate of runoff, or where such a ;t~cility has been ordered by fl~e MCWD, a city, a counly or the State of Minnesota. New_.N_~_~ad.4Stre, rs Where a :iew rot., .~ or street is being built, that has not been permiu..~d by the MCWD as p.:rt ora subdivision or new land use, a sep,'u'ate pen alt is required. If the new imperious surface associated with the mad/street is less than 1 acre, the applicam must prepare an erosion control plan and incorporate BMP'$ into the i:toject aimed at reducMg mnoffrates ~d c~ancir, g runoft'quali~ (S..:e attached BMP descriptions). Permits arc isStied by MCWD staffor engineer. If thc new imper ,/ou$ surface is I acre or more, a wet detent/on pm,d must be incorporated that limits runoffrates to pre-project conditions ~ that is designed to reduce incoming tota~ phosphorus loadings by at least 4 using the PondNct model, assuming normal precipitation and m~ average total phosphorus concentration of 500 gg/l in runoff generated withji2 the right-of, way. Pe~ mits are issued.by order of tile Board of Managers after a public he,~ring. Waivers lbr limi~ ;ag runoffmtes on-site are granted wh¢}l the applicant can demonstrate ~'mt a facility already exists that receives rmloff from site, and Ilas bec~: designed to limit thc rate of runoff, or where such a li~cility has been .. rdered by the MCWD, a city, a county or the State of Mirmesota. 1, &,,, ~i ,, JA~--16--98 ~RI 02:12 P~ MUNITECH INC 6i2 4?2 5?54 P. 09,, Cornr, ner. c_il~J/[n;.',..,,~trial/Jnstitudor~aJ If time site is less ,lien l/2 acre, no permit is required. If the site is 1/2 ,crc, or more, but less !!:~m 5 acres, the applicant taus! prepare an erosi.,,~ control plan. and inco,porate 13MP's into the project aimed at rcducin.: rmtoffrates mid enhancing mnoffqualky (See attachmt BMP description.0. In addition, the project must inco~orate a detentim~retend:' ~infiltration pond to I~mit r~offrates to pre-project conditions, l'etm.:'s are issued by order, :'the Board o~ Managers after a public hearing. ~ /fthe site is $ acr,:s or more. a wet deter;tion pond must be incorporated that limits runoff :ares to pre-project conditions .anti that i~ design~t to reduce incoming::mil phosphorus loadings by ~t least 40% (u~ing the PondNet model, ;. ~suming normal precil:itation and an average total phospl~orus cone:..m'ation of 500 l. tg/l i~: runoff fi'om the site). Permits are issued by order oo' the Board o£M,nage,'s ~fler a public hearing. Waivers tbr limh'ag nmoff rates on-site are granted when the applicant can demonstr,~te ,':at a l~acility already exists that receives nmof'f from the site, md has beer, l¢$igned to limit fl~e rate of runoff, or where such a facility has been .. ;dared hy the MCWD~ a city, a county or the State of Minnesota. Co~m~ercial~__~_u_..-. , ia J/Institutional (Re :.eVelopment~ Iftl~e site is less ti ii 1/2 acre, no pemait is required. if the site is 1/2 acre, or more, but less than 8 acres, the project must incorporate a detentiorffretention/infiltration pond to limit runoffmtes to pre-project c~nditions and an erosion control plan must be prepared. Permi[s ,are issued by order of the Board.. of M,'magers after a public hc.~ing. rf'the site is 8 acres or more, a wet deter,[ioll pond rrlust be incmporated that limits runoffrates to pre-project conditions ~g[ that is designed to reduce incoming total phosphorus loadings by at least 40% (using the PondNe[ model, assuming nor, hal precipitation and an average total phosphorus concentration of s00 ~.:....;1 in runoff fi'om the site), Perm its are issued by order of'the Bo,'trd .~f Mani~gers after a publ}c hearing. Waivers for limiting runoff rates on-site are granted when thc applicant can demonsr.:at, that a theility already exists that receives runoff from tile Jl:lN-16-98 FRI 82:12 PH MUNITECH INC 612 4?2 53'54 P. 10 site. and lii~ bc:n designed to limit the rate ot'r~mofi:~ or where su¢;~ a facility h;.~ be, c,: ordered by the MCWD, a city, a county or tl~¢ S~.,'¢ of Minnesol.~. (Ma:. gemcnt of xvatcr qualib is more effective a~ld practical when designe~t for sub,~vatershcd$ or r,:~.,on.s. To eneo~rc~g¢ a m.',r¢ effective approach, whenever the subdivision :,ize. site size or ~m,:,,nt of new impervious curf~ce calls for wet detention to address wa.~.r quality, thc og :.or'developer may request to make an optional cash contributioa toward t., :lng a regional th¢iliv.. ~nd forego ~he exi~ens:.- ofonsit¢ wa~¢r qucdity facilities.) JA~-16--98 FRI 82:1~ PM MU~ITECH INC 612 4?2 5?54 P. 11 JAN-16-98 ~RI 02 : 14 PM MUNITECH I~C 612 4%'2 5?54 P. 12 FILE No. 641 01,,14 '.8 08:16 ID:SMITH P~KER 61~ 3~ 1550 ~E 1~ 5?54 PUc LIST Annis, DaO, I l. ak=to,)~ Tow~p C~o~ Ri~k $imTa Club Durl~moslu, I~ Bob I~v~, Wo~y Po~ Sch~b~, S~tk Louis Sod~bec~ Sr~l~, Steva SIrauss, Ceil Young, HCD city of City of Orono City of 'Victoria MCW'D City of aWSh ~ Council City of Deephaven MCWO Cit7 of Ool~ W~ck Cj~ of Mound Ci~ of~o~ C~ of St. CiW o~ Way~ S~ P~kcr~C~ D~ Rm ~vk. & ~u~cmre Phone ~ 442-$252 7224942 ~,{ .$572 9J7-1g00 XI0$ 473-73~7 939-8~9 29~3767 602-I 159 37~9~ 470-25~2 471-0f90 471~{~ 8~8637 59]-8034 4V~207 472~00 ~4-2500 4~-5312 ~-1400 ~72-7~4 S51-2426 F~# · 442-6465 ]79-38~$ 861-9749 937-5739 473~$10 ~3=21 lO 928-8488 922~2 939~2~ 602-1~30 474-~274 3'70483 ! 47~g 583 471~82 471.0~82 S~3-3a88 47~2 472-~7~4 g24-2~63 404-5318 282-6~7 939-1381 772-7977 ~ ~ 1-24~ lJ/O 11~'1. Sunday JUNE 22, 1997 g Sunday HSlness D SECI'ION StarTribune Caribou Coffee entrepreneurs John and Kim Puckett built their business to 89 coffeehouses. Now, with plans for major ~owth, they've brought in Fortune 500 veteran Jay Willoughby to take the chain to the next level. Biding herd Star Tribune photo by Joey McLmster. © 1997 STAR TRIBUNE/Minneapolis. St. Paul Kim Puckett, left, Jay Willoughby and John Puckett enjoy a cup of premium joe early this month at the Caribou Coffee in Wayzata, Klm Puckett's hometown. At this, the third store in the Minneapolis-based chain, wealthy would-be investors were introduced to Caribou one espresso at a time. on Caribou Firm counts on new leader to know beans about growth By Terry Fiedler Star Tribune Staff Writer To John and Kim Puckett, Caribou Coffee Co. Inc. is their baby. What else would you expect from a couple who announced their engagement on the day they graduated from business school? The proud papa calls Caribou an exceptional offspring, with exceptional needs. "When the baby's got Olympic potential, you take him to a gymnastics coach, and go for it," lohr~ Puckett said. In other words, first comes love, then comes marriage, then comes a Fortune 500 veteran to help the company achieve its potential. Charged with that duty when he was named Caribou's president May 12 is lay Willoughby, former chief operating officer of 1,100 Boston Market restaurants nationally. All the company's operations now report to Willoughby rather than to either of the Pucketts. Previously, Klm Puckett, the president, handled store operations and food. John Puckett, the chief executive, addressed coffee, real estate and finance. John, who remains CEO, now concentrates on raising monev for the company; Klm, who now chairs Caribou, focuses on areas such as company culture and communication. According to the organizational chart, Willoughby, 46, reports to John Puckett. But Willoughby is a board member, the same as the Pucketts, and his experience running more than 1,000 restaurants ,at a time makes him the ultimate authority in most matters. The Pucketts-- John, 33, and Klm, 32 -- were two years out of business school when they founded the company. Attractive opportunity Willoughby, who never had been in a Caribou Coffee store before an executive recruiter called him about the president's job, said he was attracted ultimately bv the opportunity for ownership in Caribou and "the' chance to put your own thumbprints on a business." He said, "It's a natural evolution to want to bring in someone with the r6sum~ and some experience." Business .¥lillions./br mocha Caribou Coffee has raised nearly $40 million in private funds, about $30 million from venture capital firms that take large ownership stakes in exchange for their money. Retail companies, such as Caribou, tend to require more money than other kinds of businesses because of the high cost of building and operating stores. Among some of the largest venture capital stakes raised by Minnesota retail companies in the past five years: in mdlions $30 Caribou Coffee Co. Inc. Minneapolis Coffeehouses $26 .: : Select Comfort corp. Plymouth Mattress stores $13 Chin Inc. Bloomington Asian restaurants Source: Price Waterhouse Java b)' the nuntbers Coffee drinking declined steadily through the '60s, '70s and '80s, National Coffee Association polling showed, but that demand stabilized in the 1990s and even has begun to increase, thanks in large part to coffeehouses. Outlets selling gourmet coffee 1989 200 1996 5,000*plus Sources: National Coffee Association, American Association of Spemalty Coffee L:S. coffeehouses % of U.S. population 10 and older drinking coffee on any given day 1962 1995 ' J47% 1996 149% J75% iStarbucks 1,140 stores, company-owned Gloria Jean's 240 stores, primarily franchised Coffee Beanery 190 stores, primarily franchised Largest L'.S. company-owned coffeehouses 1 Starbuck, 1.140 2 Caribou Coffee 89 3 Pasqua Inc. (San Francisco) 55 Sources: Companies He noted that he's worked in startup-tike situations as well as in big companies. When he started managing the Pizza Hut business in Spain, he said, "we had two locations, and in two years we had 200 up and running." Caribou hopes to add 40 stores in 1997, up from its high of 25 openings last year, and the pace could pick up substantially if the company goes public. Among Willoughby's priorities are improving the speed and friendliness of the service at Caribou. "I think they've done a nice job of customer service," he said. Now, "we have to make it a clear point of differentiation." Allan Hickok, a Piper ]affray Inc. analyst who follows Boston Chicken, the parent company of Boston Market, called Caribou's new presi- dent "a superstrong executor." He said, "The fact that Jay Willoughby is there speaks volumes about Caribou's opportunity." Willoughby's presence will "make things easier on our marriage," quipped John Puckett. It's also reassuring to investors in the Minneapolis-based coffeehouse chain, who worried that the Pucketts would be overwhelmed by the demands of the growing business. At the beginning of this month, Caribou had 89 stores operating in eight markets: 33 in the Twin Cities area; 15 in Atlanta; 14 in Detroit; seven in Chicago; seven in Raleigh, N.C.; five in Charlotte, N.C.; four in Cleveland; and four in Columbus, Ohio. The goal is to be a national company that someday could present a strong aiternative to the industW leader Starbucks Inc., much the way Burger King does to McDonald's. So far, there's no meat to such a claim: Starbucks has more than 1,100 coffee bars, primarily company owned. "They have such a lead, it's not relevant if we can catch them," John Puckett said. "It's if we can execute." Caribou No. 2 Caribou probably ranks second nationally in terms of company- owned coffeehouses and perhaps fifth in terms of total coffeehouses, franchised or otherwise. Among the large franchisors: Gloria lean's, which is owned by a Toronto company, with 240 outlets, and the Coffee BeaneW, a Michigan-based company, with 190 stores, mainly franchised. loAnne Shaw, president of the Coffee Beanery, called Caribou "a player" in a market she sees as rapidly consolidating. "This is a highly com- petitive business," she said. "There is definitely strength in numbers." Michael Moe, who follows Starbucks for Montgomery Securities in San Francisco, said, "Caribou, it's fair to say, has emerged as a No. 2 and is in the process of breaking out of the pack." Still, Wayzata money manager and Caribou investor Ray Lipkin said he has been "disappointed" in Caribou "Initially, Caribou was operating out of Starbuclcs' playbook. [But] some pretty savvy backers.., helped Caribou to realize that you have to be your own company to have any lasting power." Michael Moe, Montgomery Securities because the company has "taken longer to develop than expected" under the Pucketts' direction. Store- opening plans have been revised a few times in the past two years. But Lipkin said he is enthusiastic about Willoughby's appointment. "As a shareholder, my optimism has picked up,' he said. Business day Willoughby · Born: Nov. 29. 1950 · Family: Wife, Elisa; daughter, Chantal · Home: Orono · Education: Bachelor of science, Ohio State University · Career: President, Caribou Coffee, as of May 12; chief operating officer, Boston Market. May 1996 to May 1997; various management positions, 1982 to 1996, PepsiCo Restaurants, including president and CEO of Whitbread's and PepsiCo's joint venture of Pizza Hut in Britaia and division vice president of Pizza Hut domestically, with responsibility for more than 1,000 company-owned and 1,000 franchised units; 1973 to 1982, various management positions. Victoria Station restaurants, the last as director of operations for the western division. · Hobbies: Sailing and skiing Despite stops and starts in concept, strategy and personnel, Caribou is likely to reach a landmark this August -- 100 stores, on its way to a projected 112 by year-end. That's a far cry. from Starbucks, but 100 was "something that was hard to imagine when we were doing the business plan," John Puckett said. Caribou had 1996 sales of about $25 million, he said. He added that the company is likely to reach a point this year at which sales exceed all expenses for a period but that overall, it will lose money again in 1997, as it has since its inception. That is not an uncommon situation for a young, fast-growing company. And, if everything works right, Caribou might sell stock to the public in the latter part of the year, something it's been talking about since 1995. Bringing in a well-regarded executive increases chances for a public offering, something not lost on Caribou's earlier investors, who would see the value of their investment increase bv multiples in such an offering. As fo~' the Pucketts, they say the.,,, always have expected a management transition. Rules of venture capital If you want to build a big retail company with other people's money, par!icularly venture capitalists' cash, youve got to follow the rules. The Pucketts say they accept that, even if it requires them to relinquish control. "The goal is to be a smaller part of something big, [rather] than a bigger part of something small," Klm Puckett said. At this point, the Pucketts control about 15 percent of Caribou's com- mon stock, if you include options, John Puckett said. He points out that founders often have about a 10 per- cent interest in a company after the initial public stock sale. 2'hat stake could be worth many millions. Although Caribou was founded by a couple, it never was meant to be a mom-and-pop outfit. Young, ambitious and methodical, the Pucketts drew on examples of coffee- houses in Boston and San Francisco to start a company they projected as a large, national, publicly traded chain. The economics were right -- the gross profit margin on a latt6 is more than 80 percent -- and Seattle-based Starbucks was having success export- ing its coffeehouse concept to other markets. The Pucketts, who met at the Amos Tuck School of Business at Dartmouth College, left jobs in Boston to come to the Twin Cities area in the summer of 1992. John Puckett had been a consultant for the New York City-based management consulting firm Bain & Co.; Kim Puckett had been assistant product marketing manager at Boston-based Dunkin' Donuts. Inspiration for the company name came when they climbed Sable Mountain in Alaska in 1990 and saw a herd of caribou below. Known as "The Caribou Story," this tale is posted in most of the stores. They chose Minnesota as a base because it was a large market, untapped by chains (read Starbucks) but home to many successful local coffeehouses. It also was home for Klm Puckett, who comes from Wayzata and attended Blake School. G. Marc Whitehead, her father, is a prominent Minneapolis attorney. With the help of relatives (including John's uncle, a founder of Hospital Corp. of America) and Minnesota acquaintances, they raised the $200,000 needed to open the first Caribou Coffee in December 1992 at 441h St. and France Av. S. in Edina. That was just a drop in the pot compared with what they would need to grow, and the urgency was about to increase. "After about three months, John hands the paper to me and it says Starbucks is coming to the Twin Cities," Klm Puckett said. "We thought it was either grow or die, so I said to John, 'You go out and raise money, and I'll run the stores.'" Starbucks, which the Pucketts once had thought they might challenge for No. 1, had about 160 stores bythe time Cash and Caribou Among Caribou Coffee's largest investors are French retailer Carrefour S.A., venture capital firms Oak Investment Partners (Connecticut) and Catterton-Simon Partners (California) and Wayzata money manager Jim Jundt. Several other prominent businesspeople have invested their own money in Caribou, including: · Ralph Burnet, chairman, Burnet Financial Group · Jack Morrison, managing director, investment firm Goldner, Hawn, Johnson & Morrison · Michael Feuer, CFC, Office-Max Inc. · Robert Naegele .Ir., formerly of Rollerblade The migrating herd Caribou Coffee, which started in 1992 with a store at 441h St. and France Ay. S. in Edina. expects to open its 100th store by August. Plans call for expanding within its major markets. There were 89 Cariboq Coffee stores as of the first week of June in eight markets: Detroit Twin Chimes 3~ '!4 7. 4 ~ Clevelar~ I 4' Columbus Chicago ! Charlotte. N.C.; 5' 7 ~ Raiell~, · N.C. 15- Atlanta Business "When the baby's got Olympic potential, you take him to a gymnastics coach." John Puckett, Carib® Coffee the first Caribou appeared. Of early interactions with Starbucks, John Puckett said, "They are good at buying out local competitors or competing hard." Seeking investors Just nine months into business, Caribou had raised $3.6 million in three financing rounds from individuals. By the spring of 1994 it had attracted a total of $10 million. It didn't hurt that Caribou's third store was in Wayzata, where wealthy businesspeople such as Lipkin, Ralph Bumet of Burner Financial and money manager Jim Jundt, now a Caribou board member, could be introduced to Caribou one espresso at a time. From the time they came back to town the Pucketts targeted Jerry Gallagher of Oak Investment Partners as a key potential investor. Gallagher works out of Minneapolis for the Connecticut-based venture capital firm and has invested in the early stages of retailing success stories such as Petsmart and Home Depot. "He saw our business plan when it was on a dot-matrix printer," Kim Puckett said. Gallagher didn't buy into the company at first, but he is now a board member, and his firm is one of the largest owners. He declined to comment for this story. His presence also helped attract other venture capital investments in two rounds from California-based venture capital firm Catterton-Simon Partners and French retailer Carrefour S.A., each of which is now represented on the Caribou board. The $30 million Caribou raised from venture capital firms (as opposed to individuals) is the most an.,,, ,Minnesota retail firm has attracted the past five years, Price Watethouse research showed, and retail companies b,pically raise more money than other kinds of companies because of the high costs of building and operating stores. Plymouth-based Select Comfort, which raised $26 million for its mattress stores, was second. Caribou also ranked among the top 20 percent in the country in attracting those investments. No. 1 in the past five years was Jay Willoughby's former employer, Colorado-based Boston Chicken, with about $60 million. Caribou might not have achieved that ranking if things had gone more smoothly. Because the company didn't have its cups in a row, it enlisted existing private investors for another round of financing -- $12 million -- this year instead of selling shares to the public. Among other things, Caribou decided to change the entire style of its coffeehouses about a year and a half ago. The first Caribou store was modeled after an Alaskan lodge. But when Starbucks threatened, the Pucketts went to an Italian-espresso-bar decor similar to that of their competitor. John Puckett said he came to be "nauseated" by the similarities, and Caribou has returned to the lodge concept. With its fireplaces and sofas, it's meant to encourage customers to linger -- and consume more coffee. But Starbucks, with its wrought- iron chairs, generated $700,000 in annual sales per store, compared with about $550,000 for an average Caribou. Both are profitable at the store level (before administrative and other headquarters expenses). Starbucks, while growing rapidly, is making money overall, $42 million from sales of nearly $700 million in its last complete fiscal year. Even so, analyst Moe said he believes that Caribou is on the right track. "Initiall.~; Caribou was operating out of Starbucks' playbook," he said. But they have "some pretty, savvy backers." He added, "They helped Caribou to realize that you have to be your own company to have any lasting power." Aside from the concept, Caribou also wanted to improve the caliber of its management before it went to Wall Street. Willoughby was hired after a search of about a year, and the company has been looking for a chief financial officer with big-company credentials since early 1996. Even longtime Puckett associates have been supplanted as Caribou hires managers to take the company to the next level. "After about three months, John hands the paper to me and it says Starbucks is coming to the Twin Cities. We thought it was either grow or die, so I said to John, 'You go out and raise money, and I'll run the stores.'" -- Kim Puckett, Caribou Coffee Printed in U.S.A. on recycled paper. © 1997 STAR TRIBUNE/Minneapolis-St. Paul. .39.5 THE PLAIN DEALER CLEVELAND, OHIO i Business i FRIDAY MAY16.1997 cl SCOTT SHAY, PLMX DEALER PHOTOGRAPHER John and Kim Puckett. founders of Caribou Coffee Houses. recently opened in Strongsxdle. Pouring their own brew Couple opened coffeehouses in their desire for good coffee and to be their own bosses By DONALD SABATH PLAIN Dli \LER REP~)RTER STRONGSVILLE -- Klm and John Puckett alvvays enjoyed a good cup of robust coflee in pleasant surroundings. They aisc) longed to be their own bosses. In 1992, with S70.000. mostly borrowed from Visa and American Express cards, the mo opened their first coffeehouse in Klm Puckett's hometown of Edina. Minn.. a suburb of Minneapolis. Today, Caribou Coffee has 80 coffeehouses in eight metropolitan areas -- Minneapolis/St. Paul. Cl'licago, Dem)it. Atlanta. Raleigh. Charlotte, Columbus -- including three in Clexeland. The prixatcly held company expects sales of S40 million in 1997. "We may not be the biggest coffeehouse chain in the nation, but we are going to keep pace with the leaders." Mrs. Puckett said in their ne,,~est shop in Stmngsville. "We stress a clean environment and sell a good cup of coffee." She is president and chief operating officer. Caribou entered the Cleveland market last fall and has shops in Beachwood. University Heights and Strongsville. They will open shops next month on Coventry Rd. in Cleveland Heights and in Tower City. Puckett thinks Cleveland has room for 20 Caribou coffeehouses. Marvin Schwartz, co-owner of Arabica Cafes Inc.. who operates 20 stores and coffee cans in the Cleveland area. said he welcomes the competition. "We are open~g two more stores in the Akron area shortly and four additional units this summer," he said. "You can be successful in this business if you appeal to neighborhood customers." Schwartz warned that Arabica may be one step ahead of the competition: "We have our own bakery.." ~ Mrs. Puckett believes Caribou's attraction is it is a place to hang out after shopping or to rest with a cup of coffee. A fireplace is a fixture in each location, along with hardwood decor. One strategy they have used is connecting their stor6s to Borders bookstores. Their Strongsville store is their first connected to a Borders bookstore. "I wanted to be my own boss when I grew up. even though I was pre-med in college." said John Puckett, 33. "My father and other relatives were doctors, but I wanted to strike out on my own." He and Klm, 32, met while both were graduate students at the Amos Tuck School of Business at Dartmouth College. The Pucketts waited three years after graduate school to star~ Caribou. named for a herd of caribou they saw while camping in Alaska. "We looked at ideas of starting a chain of bagel stores or even a microbrewery after grad school." he said. "We think we have made the right decision." Helping the Pucketts keep pace is Michael Feuer, chairman and chief executive officer of OfficeMax Inc. in Shaker Heights. "My involvement with the company is strictly personal and has nothing to do with my OfficeMax work:' he said. 'I am just a major investor in the company, and I like the way the>' are developing." Feuer said he has helped lead the Pucketts to new site locations, which is so important in retailing. "It is very possible Caribou will go public within the next year or two," he said. ~ Printed in U.S.A, on recycled paper. © 1997 The Plain Dealer, Cleveland, OH. Date: To: FACSIMILE January 8, 1998 Board of Directors Fax Number Paul Clayton, Burger King Corporation Jerry Gallagher, Oak Investment Partners Steve Hanson, BR Guest, Inc. Jim Jundt, Jundt Associates Yves Sisteron, Carrefour, S.A. Frank Vest, Catterton Partners 305-378-3161 602-607-5333 212-358-9136 612-541-4714 310-550-1876 ~04-~45-~218 Other Representatives Steve Lebow, Donaldson, Lufkin & Jenrette 310-282-6178 From: CCi Subject: Number of Pages to Follow: John Puckett Kim Puckett, Jay Willoughby DELTA AIRLINES AGREEMENT PRESS COVERAGE 7 We have gotten a good deal of positive press coverage regarding our agreement with Delta. Attached are the articles we have seen so far. We also received coverage on all three major TV stations in the Twin Cities but have not yet confirmed all coverage in other markets. Attached for your information is expected coverage based on telephone calls made by our PR firm. We will keep you updated of additional coverage. Thursday * JARY 8, 1998 . S ] USiiie-S D SECTION Food services Come July, Caribou Coffee is taking off with Delta Deal part of trend in airline industry By Terry Fiedler Star Tribune Staff Writer Caribou Coffee cofounder lohn Puckett is a loyal Northwest Airlines customer, who even has been featured in the airline's newspaper advertising. But his coffee is flying Delta. Minneapolis-based Caribou, which owns and runs 111 coffee houses nationally and generally is regarded as the second-largest chain of its kind, announced Wednesday that it will supply cof- fee for most of Atlanta-based Del- ta Airlines' domestic flights as of July. The initial agreement, which excludes Delta Express and Delta Shuttle flights, calls for about 1 million pounds of coffee needed to brew about 60 million cups a year. The contract represents slight- ly more than $4 million in annual sales for Caribou, which had overall sales of about $40 million in 1997, Puckett said. "It's a modest revenue for us, but it's large exposure." he said. The 60 million Delta servings are six times Caribou's normal annu- al volume, although the 10 mil- lion cups sold in coffeehouses re- tail for $2 or $3 a pop, and carry gross profit margins that can reach 80 percent. Caribou Coffee is a relatively well-known product in Atlanta, Delta's headquarters. Caribou has 18 stores there, its second largest market behind the Twin Cities, which has 42. Caribou's other markets are Chicago and Detroit; Charlotte and Raleigh. N.C.; and Cleveland and Columbus, Ohio. The Caribou-Delta agreement is in keeping with a trend in the airline industry, to use branded products. Chicago-based United Airlines began serving Starbucks Coffee in 1996. Turn to CARIBOU on D2 CARIBOU from 01 Three were in the running for Delta's coffee contract The Delta-Caribou co-branded cup will replace the unbranded Continental Coffee now being served by Delta. Continental is supplied by Quaker Oats Compa- ny's food service unit. Northwest Airlines serves the offerings of Caravali Coffees, a Seattle-based wholesale supplier of premium blends. Spokeswom- an Matra Laughlin said North- west was the first airline to use a premium coffee blend when it signed a contract with Caravali in 1993. As for Caribou, which was founded by John Puckett and his wife Klm Puckett in 1992, it wasn't really in a position at the time of the Caravali agreement to meet the needs of a large airline, Laughlin said. Since then, Caribou "has talked to us, but we have a good relationship with Caravali,' she said. John Puckett said. "l've always been a Northwest fan, and I like to do business with other Minne- sota-based companies, but at the end of the day it was Delta that wanted us." Privately held Caribou was one of three coffee-house companies whose products Delta taste-test- ed with some of its frequent-flier customers, according to Dave Campbell, general manager of in- flight dining for Delta, although price and brand recognition were the primary criteria for the final selection. Puckett said Caribou's blend included beans [rom Guatemala, Costa Rica and Mrica and that the company continues to tinker with the formula needed for a good cup of airline coffee. 'Food scientists say that taste- buds tend to lose something at :30,000 feet, so you've got to pro- vide a more robust flavor," he said. Although Seattle-based Star- bucks is clearly the largest non- franchised chain, with about 1,400 stores, a number of compa- nies are closely bunched near the No. 2 position. Puckett said the Delta agreement would help Cari- bou solidify its standing as the main alternative to Starbucks. Caribou, which also sells mail- order coffee, will advertise those services in Delta's in-flight maga- zine, Puckett said, and, as part of the deal, Caribou will have access to Delta's frequent flier list for direct-mail efforts. ~HURSDAY SECTI~NN i ~,~ribou ~e~s l~ita Minneapolis-based Caribou Cof- fee will begin providing coffee on all domestic flights operated by Atlanta-based Delta Airlines. The contract, which beans in July, will generate about $5 million in annual revenue, said John Puekett, Caribou's CEO. "The big value is not financial, . it's exposure," Puckett said. "We'll go from serving 10 million cups a . year to 70 million." That will help build Caribou's business in existing markets, and build brand aware- ness in new markets. Caribou had 112 stores open at the end of 1997 and finished the year with $40 million in sales, up from about $25 million in 1996, Puekett said. Puekett said Delta executives approached the company earlier this year, after seeing the success United Air Lines had after it be- gan serving Starbucks coffee on its flights. Caribou's second-biggest market outside of the Twin Cities is Atlan- ta, where it has opened 20 stores. Delta's second hub is in Cincin- nati, and Caribou has stores in Cleveland and Columbus. ._ THURSDAY, J^NU^R¥ , 998 Business Travel Today By David Fietd Protection: ~Zer: opened the first of 40 cov- ered return centers at Detroit Metro Airport. This month Her: will open seven more covered return centem in: Atlanta; Charlotte. N.C.; Cincin- nati; Dallas Love Field; Denver, Miami: and San Antonio. Doullles: Hilton gives members of it~ HHon- ors Worldwide program double points on most business-rate stays to April L Aromas: ~eri~n now serves lOOCc Colom- bian coffee on all its flights. Delta will serve Cari- bou Coffee on most of its Ill,ts. starting in July. Under cover. Hertz customers in Detroit return cars to a center sheltered from bad weather. The Atlanta Journal-Constitution BuS'esS Japa 'wal; brewin among airlines By Scott Thurston STAFF WRITER The coffee wars are going aloft with the nation's Big Three airlines. United Airlines has served Starbucks brew for more than a year, and now Delta and Ameri- can airlines are trumpeting new designer-label offerings. Delta said Wednesday it will serve Caribou Coffee starting in July. American, as of this week, is offering a 100 pbrcent Colom- bian coffee labeled "Cafe' de Colombia." The moves fuel a trend in which airlines try to add panache to their food and bev- erage service with branded items. "We've had sandwich wars and cookie wars, so now it's cof- fee, I. guess," says American spokesman Bill Dreslin, who contends his airline's move is "a step up" even though it stops short of a brand-name partnership. Atlanta-based Delta, which now serves an unlabeled brew, will switch to Caribou on most domestic flights. Caribou, based in Minneapo- lis, is second to Starbucks PAIGE BRADDOCK/St~ff among non-franchised coffee- house chains and has 20 outlets in metro Atlanta. The company claims it spent months devising a custom blend for Delta, taking into account the effects of alti- tude and pressurized cabin environments. While Delta simply hopes to impress passengers with the brand-name brew, Caribou CEO John Puckett estimates the number of annual Caribou con- sumers will zoom from 10 mil- lion to 70 million because of the deal. He also expects the expo- sure to fuel Caribou's plans to triple Atlanta outlets within five years. Delta also serves brand-name cookies and muffins, although test programs with Blimpie and Chick-fll-A did not last. This month Delta is revising its Sky Deli sack lunches to include sandwiches bearing the Sara Lee meats label, and new brand-name deals are in the works. United has been especially aggressive in lining up big- name brands, with McDonald's meals offered as a special request item and Ben & Jerry's ice cream available on all flights. ' FRO'I~ SEA. NDWiCi( /~EDI ~ 7' 98:7,:2/S'7.. ',.7.'O/NO. 4860%96447- ? Shandwick MEMORANDUM DATE: TO: FROM: RE: Jan 7, 1997 Barry Judge ~ John Pucker Kim Pucker Tracy Kurschner Caribou/Delta initial media results Cathy Kennedy Following is a list of results as a result of our media calls, pica.se note that this is m-hat the media tells us they will nan -- we will [ollow-up tomorrow to get you newspaper clips a lis~g of TV/Radio coverage. (please note: I'm only including people who said they are atoning something -- people who passed or were unreachable are uotc ½ncludcd) lVlIN~'EAPOLIS · Star Tribune -- John talked with Terry Fiedlcr, will nm tomorrow. o Pioneer Press - John talked with Eric W¢iffefing, will nm tomorrow · CityBusirtess -- Reporter Diane Kichards said she ~ill run a short piece · WCCO-TV (CBS)-- Shot video of the exteriors of ~our Nicollet Mall store - they say they'll run it on the 6 p.m. news · KAIiE-TV (N B C) Said they' d mention it on one of thck newscaxts · KS'I'P-TV (ABC) Said they'd mention it on one of their newscasts · K,MSP-TV 0JPN)-- Said they were interested and it may run · Associated Press - They said they put a story over the wire -TI-lIS IS A BI(5 DEAl, BECAUSE THIS 1S WEP,.E NEWSPAPEKS, KADIO AND TV OFTEN GET THEIR NEWS -- ALSO, DETROIT AP CALLED MINNEAPOLIS AP TO GET THE STORY A.ND SAID TI-1E¥ WOULD RI_tN IT IN MICI-IIGAN. · WCCO-Radio -- It ran as a news stury this morning and the afternoon news guy said he would run it too. (WED) '., 7'98 17:13/S7. I?~iO/NO, 4860'~96442 P 3 · WMNN-Radio _$ohn - n~cejob on the interview wizh Dave Nyberg! I have the tape and will send it to you. ATLANTA $ourna;/Constirufion .. Business aviation r~poner called Scott Thurston talked with ~ohn. Thc story will appear tomorrow. ~-TV (NBC) - Business reporter Bill Liss says he's nmn~n~ it in his business bt/cf section WGNX-TV (CBS) ~- Said they were interested and will probably run something WSB-TV (ABC) WAGA-TV (lrOX-) _ Interested anti said they would probably mn something Kathy Roberts, Where -Atlanta: She passed on thc information to Jennifer. the (assignment editor'.)). I talked to Jennil%r, who hadn't had a chance to look over the release yet. She was impressed by the amount of coffee and made some comments about that, and she took down my # and name in case she had questions. DETROIT · Associated Press said it would pick it up fi-om Mpls and nm it -- this is really good because lots of TV, Radio and print get their news from AP CHICAGO · Tribune business travel editor John Schmeltzer said he may run it in his travel column - not sure when yet NATIONAL TR.A.DE S · Consumer Reports Travel Letter (Ed Perkins) said he may incorporate a blurb into SOmething. · Recommend .. Editor Rick Shively hadn't yet seen release, but seemed interested, and said he may call to interview John ' · Nation's Restaurant News -- Left voice mails for Carolyn Walk-up - DO YOU HAVE A BETTER CONTACT?? · Aviation Week - Mike Miller said he wi'II definitely use the info.relation in Aviation Week, but he expects it will be a blurb, rather than a long story. · Dossier Magaziue -. Jane Stoll Birdwell says they are huge Pans of Caribou Coffee. and they will definitely do something. She made lot~ of positive comments, started the conversation out by saying Congratulations, that's really great. We're v~ry excited! . o ~ SHANDWiCI {WED) ~.. 7' 98 · Gourmet News - loam Friedrickl~l ~ead~ ~ad tlz rele~e and ~ intel, stud in using ~c information. She didn't know when she'd b~ ~ble ~o use it, since thcy wer~ just wrapping up an issue and she didn't know ifs]ac would be abic ~o squce'/~ ir in t. here or wait un~il nex~ i~uc. · Travcl Wedd~ - Donna said she will mention thc deal. · World Coff-~= & Tea - Colin Campbell is intereaed. He want~ to talk about it lomolTow. RALEIGH, COLUMBUS, CLEVELAND CHARLOTTE AND NATIONAL PUBS INCLUDING WALL STRF. F.T JOURNAL, CNN, BUSINESS WEEK, NEW YORK TIMES, USA TODAY, ETC.. NOT INTERES~D OR UNKEAC~ABLE BILLS January 27, 1998 BATCH 8012 $183.017.39 Total Bills $183,017.39 Z 0 'ri ' ~3oo0 d-zz~z z° o Z C L. G, 'C C, O G C:: G © 3.., "" 0 ,T., .., Z :Z C rn Z Z , J '-ir ~m C ~.. L © r,.; C 0 O C 0 0 0 O 0 0 D .D ? '~J z z oo . ! LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, January 28, 1998 Tonka Bay City Hall PUBLIC HEARING 7:00 Dr. Glen Nelson, Stubbs Bay, Orono, Consideration of a new multiple dock license application to reduce the number of Boat Storage Units (BSU's) from 9 to 8 and to reconfigure the structure on 1,242' of continuous shoreline; CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Vice-Chair Foster READING OF MINUTES - 1/14/98 Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) 1. WATER STRUCTURES A. Dr. Glen Nelson, Discussion on Public Hearing for new multiple dock license application; B. Ed Yeager, consideration of request for full refund of 1997-98 deicing application fee and deposit. C. Additional Business; 2. LAKE USE & RECREATION A. Review of dram LCMR application for blanket funding for future '",,~,' ~,~,,.,,,.. access on Lake Minnetonka; B. Hennepin Parks, 1997 Water Quality of Lake Minnetonka (to be reviewed at 2/11/98 Board meeting); C. Additional Business; 3. EWMIEXOTICS TASK FORCE 4. SAVE THE LAKE ,5. FINANCIAL A. Audit of vouchers for payment; · 1/15/98- 1/31/98 B. December financial summary & balance sheet; C. Additional Business; ADMINISTRATION A. Review of draft position announcement and position description for Planning/Special Projects intern; Be Consideration of compensation adjustment for Executive Director; Ordinance Amendment, 1 =~ reading of an ordinance relating to public hearings before the Lake Minnetonka Conservation District Board of Directors; amending LMCD Code Section 1.05, Subd. 3; D. Additional Business; EXECUTIVE DIRECTOR REPORT OLD BUSINESS NEW BUSINESS 10. ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT REGULAR BOARD OF DIRECTORS MEETING 7:00 P.M., Wednesday, January 14, 1998 Tonka Bay City Hall CALL TO ORDER RECE':... ~ Chair Babcock called the meeting to order at 7:10 p.m. ROLL CALL Members present: Andrea Ahrens, Mound; Douglas Babcock, Tonka Bay; Tom Gilman, Excelsior; Lili McMillan, Orono; Craig Nelson, Spring Park; Gene Partyka, Minnetrista, Herb Suerth, Woodland; Sheldon Weft, Greenwood. Also present Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Nancy Randall, Administrative Technician; Diane Samis, Administrative Assistant. Members Absent: Kent Dahlen, Minnetonka Beach; Bert Foster, Deephaven; Bob Ambrose, Wayzata; Bob Rascop, Shorewood. Victoria and Minnetonka have no appointed members. CHAIR ANNOUNCEMENTS · Chair Babcock announced the "Save the Lake" Recognition Banquet has been scheduled for the evening of February 12, 1998 at Lord Fletchers of the Lake. He added invitations will be sent out in the near future and he urged Board members to extend invitations to their respective city's mayor and other dignitaries. · Chair Babcock noted two additions to the agenda: 2C, Review of draft Special Event application packet, and 2D, Consideration of LCMR application for blanket furiding of future public access on Lake Minnetonka. READING OF THE MINUTES Gilman moved, Partyka seconded to approve the minutes of the December 10, 1997 Regular Board meeting as submitted. Motion carried unanimously. Nelson moved, Partyka seconded to approve the minutes of the January 7, 1998 Workshop/Planning Session as amended. Babcock noted on page 2 in the Managing Lakeshore section, it should note "Comprehensive Plan" rather than "Management Plan". Ayes (5), Abstained (3, Ahrens, McMillan, and Gilman); Motion carried. PUBLIC COMMENTS There were no public comments from persons in attendance on subjects not on the agenda. CONSENT AGENDA Weft moved, Gilman seconded to approve the Consent Agenda. Items so approved include the following: 2A: Hennepin County Sheriff's Water Patrol Significant Activity Report, and 3A: Minutes of the 12/12/97 EWM/Exotics Task Force meeting. Motion carried unanimously. 1. WATER STRUCTURES A. Pelican Point HOA, consideration of minor change application to relocate structure. Babcock outlined the staff memo and noted that staff is recommending tabling consideration of the proposed changes until a new multiple dock license application, Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -2- which requires a public hearing, is received from the applicant. He reviewed LMCD Code Section 2.03, Subd. 7 which outlines the conditions that need to be met for a minor change application to be considered. He noted if there is a substantial change in width of the dock structure, it should not be considered under a minor change application. He stated staff believes the proposed 52' wide expansion is significant. He concluded he concurred with staff and stated he believed the question that needs to be answered is whether the proposed changes should be considered under the application submitted. John Boyer, representing the applicant, stated that he believed the proposed changes should be considered under the minor change application. He reviewed the proposed changes noting that five inner slips would be relocated to the outer side of the structure to the south and he described the proposed bend in the structure. He added there would be no increase in Boat Storage Units (BSU's) and that all of them would be within 100' from the 929.4' shoreline. He questioned what would be accomplished by requiring a public hearing for the proposed changes. Babcock stated that the Code requires it and that he would rather error on the side of caution to allow the public to have the chance to comment on the proposed changes. Partyka stated that because of the proposed 52' increase in dock structure, he believed the change is substantial and that a public hearing should be required. MOTION: Gilman moved, Partyka seconded to table consideration of the proposed changes to the Pelican Point HOA multiple dock until a new multiple dock license application, which requires a public hearing, is received from the applicant. VOTE: Ayes ( 5 ), Nays (3; Ahrens, McMillan, and Suerth ); motion to table approved. Boyer asked for clarification on whom to notify regarding public hearing notices. The Board directed staff to work with the applicant on this. B. Discussion of outlots on Lake Minnetonka Babcock introduced this agenda item noting that Board members who attended the 1/7/98 Workshop/Planning Session had directed staff to place this topic on the agenda for discussion by the Board. He added he believed the focus should be on new outlots on Lake Minnetonka and whether the Board should place additional Code restrictions on them. Weft noted that the discussion at the 1/7/98 meeting started when he questioned how the Code would be applied at a potential new multiple dock application in Greenwood. He added the applicant would not own the land but would have right to the shoreline Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -3- through a lease arrangement. He concluded after talking to LeFevere, the Code currently does not clearly define what an outlot is and that there is a need to do so. Babcock stated that some local communities have adopted ordinances that prohibit a secondary structure, such as a dock, unless there is a primary structure constructed. added he believed the City of Orono has adopted such an ordinance in the past few years. He Partyka stated that he would support a moratorium to study and resolve outlot issues on the conditions provided that work on the study does not get pushed back. LeFevere noted that if a moratorium is declared, the Board needs to define what is to be studied and to determine the length of the moratorium. He added in the past that, he believed most moratoriums declared by the LMCD have been between 6 and 12 months in length. He concluded that it may be difficult to defend a moratorium because there have been similar moratoriums in the past which resulted in no action being taken. McMillan stated she believed a study on outlots could be done without declaring a moratorium. She added she believed that existing shoreland ordinances should be obtained from the LMCD communities with staff establishing a matrix for them. She concluded she believed this would foster more enthusiasm towards a single goal for the lake. Partyka stated he believed the moratorium length should be 6 months and that he concurred with McMillan that a matrix highlighting shoreland ordinances for the 14 communities would be beneficial in the study. MOTION: Gilman moved, Ahrens second to table further discussion, to direct staff to define the term outlot, and to direct staff to determine whether a moratorium is required to further study the issue. VOTE: Ayes (5), Nays (3, Babcock, Suerth, and Partyka); Motion to table approved. LeFevere stated he believed it will be difficult for staff to follow-up because the Board has not provided enough direction. He recommended the definition of an outlot and the decision on whether to declare a moratorium be done at Board level. Gilman stated he believed there is a need to table because there is a need to define an outlot. ~. McMillan stated she believed further discussion on this should be done at a future Workshop/Planning Session. She stated she believed a study should be done rather than a moratorium. Babcock concurred that this should be a Board effort rather than a staff effort. Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -4- Ce Suerth suggested that staff in the meantime should collect shoreland ordinances for all 14 communities. MOTION: Ahrens moved, McMillan seconded to reconsider the motion to table. VOTE: Motion carried unanimously. MOTION: McMillan moved, Ahrens seconded to direct staff to gather shoreland ordinances from the LMCD communities and to direct staff to provide a definition of an outlot. Babcock stated that he would oppose the motion because it is too broad. He stated he believed staff has not received enough guidance from the Board on this issue. McMillan and Ahrens withdrew their motion. Babcock stated that he believed it is premature to direct staff to do this until the Board has clearly defined the issues. Nelson suggested the Board might want to consider taking no action at this time. MOTION: Wert moved, Gilman seconded to direct staff to prepare an ordinance amendment for a 9 month moratorium on new multiple dock license applications that would increase boat density on Lake Minnetonka, and to direct staff to collect shoreland ordinances from the 14 LMCD communities. VOTE: Ayes (4), Nays (4, Ahrens, Nelson, McMillan, and Suerth); motion failed. No further Board action was taken at this time City of Mound - Lost Lake Channel, consideration of request to waive renewal without change application fee's for 1998. MOTION: Wert moved, Suerth seconded to waive renewal without change application fee's in 1998 for the City of Mound- Lost Lake Channel multiple dock license. Babcock expressed concern in the precedent this motion would set if it were approved. He noted there are several multiple dock licensees around the lake who have paid their renewal fees annually although they have not installed their docks. Wert and Suerth withdrew their motion. No Board action was taken on the request. The City of Mound vdll be required to pay Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -5- the renewal without change application fee's for 1998 for the Lost Lake Channel multiple dock license. D. Additional Business There was no additional business. 2. LAKE USE AND RECREATION A. Hennepin County Sheriff's Water Patrol Special Deputy Candidates. MOTION: McMillan moved, Wert seconded to approve the selection of Paul Blixt and Robert Utech as co-recipients of the Special Deputy Award at the 31'~ anniversary "Save the ~Lake' Recognition Banquet. VOTE: Motion carried unanimously. C. Review of draft Special Event Application Packet. Babcock noted that staff has provided a special event application packet for Board review. He added Nybeck would like proposed changes in the next day because staff would like to send these packets out to coordinators of special events on Lake Minnetonka in 1997. The following topics and changes were discussed: · McMillan stated the packet should consolidate the letter of infested waters from the MN DNR into the zebra mussel wash down plan memo. · Reduction of the length of the application and the order of the packet. Babcock recommended Board members call the office with their recommended changes changes in the next few days. D. Consideration of LCMR Application for blanket funding of future public access on Lake M~nnetonka. Babcock noted staff requested this topic to be placed on the agenda this evening because if the Board approves an application for LCMR funding for future public access on Lake Minnetonka, it needs to be completed in the near future. He noted the application deadline is 2/13/98. He reminded the Board that approximately $1.1 million was secured for the Maxwell Bay public access through the LCMR. He introduced Gordon Kimball, Recreation Professionals. Kimball stated that he is working with the MN DNR as a consultant to investigate other potential public access projects on Lake Minnetonka. He stated he believed this application makes sense because if it were approved, funds would be available in July of 1999. MOTION: Nelson moved, Gilman seconded to authorize staff to prepare a LCMR ® Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -6- application for blanket funding of future public access on Lake Minnetonka. VOTE: Motion carried unanimously. Staff was directed to place the draft LCMR application on the 1/28/98 Board agenda for comments and review. EWlVI/EXOTICS TASK FORCE B. 12/12/97 meeting report Suerth reviewed the minutes from the meeting and noted the following were discussed: · Special events on Lake Minnetonka in 1998 will require a permit from the LMCD in addition to the Water Patrol and the effected communities. · A zebra mussel educational pamphlet will be created in the near future. · Buffer zones · Herbicide spraying for milfoil. Weft left at 9:25 p.m. C. Additional Business There was no additional business. 4. SAVE THE LAKE There was no discussion. A. Audit of vouchers for payment · 12/15/97- 12/31/98 · 1/1/98 - 1/15/98 Nelson reviewed the audit of vouchers for payment. He asked the Board to ratify approval of the vouchers for the period of 12/15/97 - 12/31/97 and to approve the vouchers for the period of 1/1/98 - 1/15/98. MOTION: Partyka moved, Babcock seconded to ratify approval of the at[dit of vouchers for the period of 12/15/97 - 12/31/97 and to approve the vouchers for the period of 1/1/98 - 1/15/98. VOTE: Motion carded unanimously. B. November f'mancial summary & balance sheet. Nelson reviewed the November financial summary and balance sheet. Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -7- MOTION: Gilman moved, Ahrens seconded to accept the November financial summary and balance sheet as submitted. VOTE: Motion carried unanimously. C. Additional Business There was no additional business ADMINISTRATION A. Review of Draft Resolution//95 Babcock stated the draft resolution included in the packet outlines all the fees for licenses and permits issued by the LMCD. He noted under 7C for renewal without change applications, the late fee schedule has not been included in the draft resolution. He recommended an amendment to 7C that stated "a renewal without change or a renewal with minor change for a multiple or commercial dock application shall be a $50 base fee plus $7.50 per WSU. Partial payment of 20% of the application will be allowed if received v'ith a completed application by 12/1 of the year prior to the license year, with the balance due by 3/31 of the license year. If the application is received after 12/1 of the year prior to the license year, 100% payment of the fee is required when the application is submitted. All renewal applications are required to be submitted by 12/31 of the year prior to the license year. Late fees of 10% are also required for any payment received after its due date". MOTION: Gilman moved, Ahrens seconded to approve draft Resolution 95 with the amendment proposed by Babcock. VOTE: Motion carried unanimously. McMi!lan left at 9:45 p.m. B. Staff recommendation on required notification distance for public hearings Babcock introduced the agenda item stating currently, the LMCD has various public hearing distance requirements depending on the application. He added staff has further investigated this with the cities and has concluded that cities use a general public hearing notification distance of 350'. He concluded that staff is recommending adopting this as policy. However, the Executive Director can require a greater distance where it is deemed necessary. Nelson stated that he believed the notification distance should be a 350' radius because there may be citizens who may have interest. MOTION: Gilman moved, Partyka seconded to direct attorney to prepare an ordinance amendment which would require a public hearing notification Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -8- distance requirement of a 350' radius from the proposed project, or a greater distance if deemed necessary by the Executive Director. VOTE: Motion carried unanimously. Babcock noted that because there no longer is a quorum, that this is a direction to staff. C. Review of draft position announcement and position description for Planning Special Projects Intern: Nybeck reviewed the draft position description noting the main projects the intern would assist with is updating the car/trailer inventory on Lake Minnetonka, conducting an inventory of all watercraft stored on the shore of Lake Minnetonka, and the implementation of other projects highlighted in the Management Plan. He stated he believed there is a great need for an intern because of the multitude of projects that need to be done this summer. Further discussion on this agenda item was tabled to the 1/28/98 Board meeting due to a lack of a quorum. D. Consideration of compensation adjustment for Executive Director. This was tabled to the 1/28/98 Board meeting due to a lack of a quorum. E. Additional Business. There was no additional business. 7. EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: A list of Board phone numbers was included in the packet to be distributed to the public when requested. He asked Board members to contact the office if there needs to be further changes. · A calendar for 1998 and the month of January were included in the packet. · A copy of the "Thin-Ice" Press Release prepared by Babcock and Randall was included in the packet. · A personnel update noting that the office is fully staffed and is performing well. · Staff will be working with Tim Kelly, MN DNR Planner, on the RFP for the 1998 Boat Density Survey. 8. OL1) BUSINGS Babcock updated the Board on the office situation at the Grays Freshwater Center. He noted he had talked to Don Brown and that he had authorized him to hire a company, at their.expense, to assist the LMCD in locating other potential office locations. He added he Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -9- had indicated to Don Brown that the LMCD is willing to keep an open-mind on re-locating; however, it is not committed to moving just because other office space is located. 9. NEW BUSINESS Suerth expressed concern with the recent snowmobilers who drowned after falling through thin ice. He questioned if it is possible to establish an ordinance to determine whether the ice is safe for public use. Babcock noted he believed that type of an ordinance amendment would pose a liability to the LMCD. There was further Board discussion regarding water skipping and educational programs. Suerth suggested there may be need for further Board discussion at a future meeting. 10. ADJOURNlVIENT There being no further business, Chair Babcock adjourned the meeting at 10:17 p.m. Douglas Babcock, Chair Eugene Partyka, Secretary Mr. Ed Shukle Manager City of Mound 5341 Maywood Road Mound, MN 55364 January 23,1998 RECEIVED RE: Commons Docks, Woodland Point Dear Ed, With another boating season on its way and litigation still pending, we wanted to inform you of our intentions. We will submit our dock papers and fees as per the February 28, 1998 deadline. We believe the number of permits requested will be similar to last year and can be issued much the same way. Although we find the non-issuance of city permits on Wawonaissa Common unacceptable, we understand the uncertainty of the pending litigation. We reserve the right to apply for permits or move issued permits to the Wawonaissa Common during the 1998 boating season pending the out come of our litigation or possible settlements at that time. cc Mr. Tom McCaffery Sincerely, Save Our Commons Board BILLS January 27, 1998 BATCH 8012 Total Bills $183.017.39 $183,017.39 c C2 m z 0 o 7, Z o 0 m oO cdc I'- I~a o oo~oo0 IIiiii ooogo~ ~o ~ z Z ::aD ~m RESOLUTION NO. 98- RESOLUTION TRANSFERRING THE FUNCTION OF LOCAL BOARD OF REVIEW FROM THE MOUND CITY COUNCIL TO HENNEPIN COUNTY WHEREAS, the City Council has traditionally served as the Local Board of Review for purposes of setting the market value for properties within the City of Mound; and WItEREAS, the Minnesota Legislature amended the law governing the function of the Local Board of Review; and WHEREAS, the amended law allows the City Council to transfer the duties of the Local Board of Review to Hennepin County; and WHEREAS, upon learning of this law change, the City Council appeared to have interest in transferring their responsibility to Hennepin County; and WItEREAS, the City Manager, in a letter dated September 30, 1997, and in a meeting of October 27, 1997, expressed to Hennepin County officials that the City of Mound would like to consider transferring the Local Board of Review function beginning in 1998; and WHEREAS, Hennepin County has requested that a resolution be passed by the Mound City Council regarding Local Board of Review responsibilities from the City of Mound to Hennepin County. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, hereby agrees to transfer its duties and responsibilities of the Local Board of Review to Hennepin County effective in 1998. BE IT FURTHER RESOLVED, that Hennepin County Assessing staff will conduct public meetings in the City of Mound, with property owners interested in meeting with staff regarding individual values. Taxpayers still have the option to appeal their market value to the Hennepin County Board of Equalization, if they so choose. BE IT FURTHER RESOLVED, that Hennepin County Assessing Staff will compile the results of the local meeting to include a list of property owners present, and data resulting from the local meeting. BE IT FURTHER RESOLVED, that Hennepin County Assessing Staff will continue to compile similar data, i.e. sales and market information and other pertinent data as previouslyprovided to the City of Mound. LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM, Wednesday, January 28, 1998 Tonka Bay City Hall PUBLIC HEARING 7:00 Dr. Glen Nelson, Stubbs Bay, Orono, Consideration of a new multiple dock license application to reduce the number of Boat Storage Units (BSU's) from 9 to 8 and to reconfigure the structure on 1,242' of continuous shoreline; CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Vice-Chair Foster READING OF MINUTES - 1/14/98 Regular Board Meeting PUBLIC COMMENTS - Persons in attendance, subjects not on agenda (5 min.) WATER STRUCTURES A. Dr. Glen Nelson, Discussion on Public Hearing for new multiple dock license application; B. Ed Yeager, consideration of request for full refund of 1997-98 deicing application fee and deposit. C. Additional Business; LAKE USE & RECREATION A. Review of dra~ LCMR applicstion for blanket funding fcr future public access on Lake Minnetonka; B. Hennepin Parks, 1997 Water Quality of Lake Minnetonka (to be reviewed at 2/11/98 Board meeting); C. Additional Business; 3. EWM/EXOTICS TASK FORCE 4. SAVE THE LAKE FINANCIAL A. Audit of vouchers for payment; · 1/15/98- 1/31/98 B. December financial summary & balance sheet; C. Additional Business; 6. ADMINISTRATION A. Review of draft position announcement and position description Planning/Special Projects intern; B. C. for Consideration of compensation adjustment for Executive Director; Ordinance Amendment, 1'~ reading of an ordinance relating to public hearings before the Lake Minnetonka Conservation District Board of Directors; amending LMCD Code Section 1.05, Subd. 3; D. Additional Business; EXECUTIVE DIRECTOR REPORT OLD BUSINESS NEW BUSINESS 10. ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT REGULAR BOARD OF DIRECTORS MEETING 7:00 P.M., Wednesday, January 14, 1998 Tonka Bay City Hall CALL TO ORDER RECE':. .... Chair Babcock called the meeting to order at 7:10 p.m. ROLL CALL Members present: Andrea Ahrens, Mound; Douglas Babcock, Tonka Bay; Tom Gilman, Excelsior; Lili McMillan, Orono; Craig Nelson, Spring Park; Gene Partyka, Minnetrista, Herb Suerth, Woodland; Sheldon Wert, Greenwood. Also present Charles LeFevere, LMCD Counsel; Gregory Nybeck, Executive Director; Nancy Randall, Administrative Technician; Diane Samis, Administrative Assistant. Members Absent: Kent Dahlen, Minnetonka Beach; Bert Foster, Deephaven; Bob Ambrose, Wayzata; Bob Rascop, Shorewood. Victoria and Minnetonka have no appointed members. CHAIR ANNOUNCEMENTS · Chair Babcock announced the "Save the Lake" Recognition Banquet has been scheduled for the evening of February 12, 1998 at Lord Fletchers of the Lake. He added invitations will be sent out in the near future and he urged Board members to extend invitations to their respective city's mayor and other dignitaries. · Chair Babcock noted two additions to the agenda: 2C, Review of draft Special Event application packet, and 2D, Consideration of LCMR application for blanket funding of future public access on Lake Minnetonka. READING OF THE MINLFFF, g Gilman moved, Partyka seconded to approve the minutes of the December 10, 1997 Regular Board meeting as submitted. Motion carried unanimously. Nelson moved, Partyka seconded to approve the minutes of the January 7, 1998 Workshop/Planning Session as amended. Babcock noted on page 2 in the Managing Lakeshore section, it should note "Comprehensive Plan" rather than "Management Plan". Ayes (5), Abstained (3, Ahrens, McMillan, and Gilman); Motion carried. PUBLIC COMMENTS There were no public comments from persons in attendance on subjects not on the agenda. CONSENT AGENDA Wert moved, Gilman seconded to approve the Consent Agenda. Items so approved include the following: 2A: Hennepin County Sheriff's Water Patrol Significant Activity Report, and 3A: Minutes of the 12/12/97 EWM/Exotics Task Force meeting. Motion carried unanimously. WATER STRUCTURES A. Pelican Point HOA, consideration of minor change application to relocate structure. Babcock outlined the staff memo and noted that staff is recommending tabling consideration of the proposed changes until a new multiple dock license application, Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -2- which requires a public hearing, is received from the applicant. He reviewed LMCD Code Section 2.03, Subd. 7 which outlines the conditions that need to be met for a minor change application to be considered. He noted if there is a substantial change in width of the dock structure, it should not be considered under a minor change application. He stated staff believes the proposed 52' wide expansion is significant. He concluded he concurred with staff and stated he believed the question that needs to be answered is whether the proposed changes should be considered under the application submitted. John Boyer, representing the applicant, stated that he believed the proposed changes should be considered under the minor change application. He reviewed the proposed changes noting that five inner slips would be relocated to the outer side of the structure to the south and he described the proposed bend in the structure. He added there would be no increase in Boat Storage Units (BSU's) and that all of them would be within 100' from the 929.4' shoreline. He questioned what would be accomplished by requiring a public hearing for the proposed changes. Babcock stated that the Code requires it and that he would rather error on the side of caution to allow the public to have the chance to comment on the proposed changes. Partyka stated that because of the proposed 52' increase in dock structure, he believed the change is substantial and that a public hearing should be required. MOTION: VOTE: Gilman moved, Partyka seconded to table consideration of the proposed changes to the Pelican Point HOA multiple dock until a new multiple dock license application, which requires a public hearing, is received from the applicant. Ayes ( 5 ), Nays (3; Ahrens, McMillan, and Suerth ); motion to table approved. Boyer asked for clarification on whom to notify regarding public hearing notices. The Board directed staff to work with the applicant on this. Discussion of outiots on Lake Minnetonka Babcock introduced this agenda item noting that Board members who attended the 1/7/98 Workshop/Planning Session had directed staff to place this topic on the agenda for discussion by the Board. He added he believed the focus should be on new outlots on Lake Minnetonka and whether the Board should place additional Code restrictions on them. Wert noted that the discussion at the 1/7/98 meeting started when he questioned how the Code would be applied at a potential new multiple dock application in Greenwood. He added the applicant would not own the land but would have right to the shoreline Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -3- through a lease arrangement. He concluded after talking to LeFevere, the Code currently does not clearly define what an outlot is and that there is a need to do so. Babcock stated that some local communities have adopted ordinances that prohibit a secondary structure, such as a dock, unless there is a primary structure constructed. added he believed the City of Orono has adopted such an ordinance in the past few years. He Partyka stated that he would support a moratorium to study and resolve outlot issues on the conditions provided that work on the study does not get pushed back. LeFevere noted that if a moratorium is declared, the Board needs to define what is to be studied and to determine the length of the moratorium. He added in the past that, he believed most moratoriums declared by the LMCD have been between 6 and 12 months in length. He concluded that it may be difficult to defend a moratorium because there have been similar moratoriums in the past which resulted in no action being taken. McMillan stated she believed a study on outlots could be done without declaring a moratorium. She added she believed that existing shoreland ordinances should be obtained from the LMCD communities with staff establishing a matrix for them. She concluded she believed this would foster more enthusiasm towards a single goal for the lake. Partyka stated he believed the moratorium length should be 6 months and that he concurred with McMillan that a matrix highlighting shoreland ordinances for the 14 communities would be beneficial in the study. MOTION: Gilman moved, Ahrens second to table further discussion, to direct staff to define the term outlot, and to direct staff to determine whether a moratorium is required to further study the issue. VOTE: Ayes (5), Nays (3, Babcock, Suerth, and Partyka); Motion to table approved. LeFevere stated he believed it will be difficult for staff to follow-up because the Board has not provided enough direction. He recommended the definition of an outlot and the decision on whether to declare a moratorium be done at Board level. Gilman stated he believed there is a need to table because there is a need to define an outlot. McMillan stated she believed further discussion on this should be done at a future Workshop/Planning Session. She stated she believed a study should be done rather than a moratorium. Babcock concurred that this should be a Board effort rather than a staff effort. Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -4- Suerth suggested that staff in the meantime should collect shoreland ordinances for all 14 communities. MOTION: Ahrens moved, McMillan seconded to reconsider the motion to table. VOTE: Motion carried unanimously. MOTION: McMillan moved, Ahrens seconded to direct staff to gather shoreland ordinances from the LMCD communities and to direct staff to provide a definition of an outlot. Babcock stated that he would oppose the motion because it is too broad. He stated he believed staff has not received enough guidance from the Board on this issue. McMillan and Ahrens withdrew their motion. Babcock stated that he believed it is premature to direct staff to do this until the Board has clearly defined the issues. Nelson suggested the Board might want to consider taking no action at this time. MOTION: Wert moved, Gilman seconded to direct staff to prepare an ordinance amendment for a 9 month moratorium on new multiple dock license applications that would increase boat density on Lake Minnetonka, and to direct staff to collect shoreland ordinances from the 14 LMCD communities. VOTE: Ayes (4), Nays (4, Ahrens, Nelson, McMiLlan, and Suerth); motion failed. No further Board action was taken at this time C. City of Mound - Lost Lake Channel, consideration of request to waive renewal without change application fee's for 1998. MOTION: Wert moved, Suerth seconded to waive renewal without change application fee's in 1998 for the City of Mound- Lost Lake Channel multiple dock license. Babcock expressed concern in the precedent this motion would set if it were approved. He noted there are several multiple dock licensees around the lake who have paid their renewal fees annually although they have not installed their docks. Wert and Suerth withdrew their motion. No Board action was taken on the request. The City of Mound ,sill be required to pay Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -5- the renewal without change application fee's for 1998 for the Lost Lake Channd multiple dock license. D. Additional Business There was no additional business. 2. LAKE USE AND RECREATION A. Hennepin County Sheriff's Water Patrol Special Deputy Candidates. MOTION: McMillan moved, Wert seconded to approve the selection of Paul Blixt and Robert Utech as co-recipients of the Special Deputy Award at the anniversary "Save the Lake" Recognition Banquet. VOTE: Motion carried unanimously. C. Review of draft Special Event Application Packet. Babcock noted that staff has provided a special event application packet for Board review. He added Nybeck would like proposed changes in the next day because staff would like to send these packets out to coordinators of special events on Lake Minnetonka in 1997. The following topics and changes were discussed: · McMillan stated the packet should consolidate the letter of infested waters from the MN DNR into the zebra mussel wash down plan memo. · Reduction of the length of the application and the order of the packet. Babcock recommended Board members call the office with their recommended changes changes in the next few days. D. Consideration of LCMR Application for blanket funding of future public access on Lake MLunetonka. Babcock noted staff requested this topic to be placed on the agenda this evening because if the Board approves an application for LCMR funding for future public access on Lake Minnetonka, it needs to be completed in the near future. He noted the application deadline is 2/13/98. He reminded the Board that approximately $1.1 million was secured for the Maxwell Bay public access through the LCMR. He introduced Gordon Kimball, Recreation Professionals. Kimball stated that he is working with the MN DNR as a consultant to investigate other potential public access projects on Lake Minnetonka. He stated he believed this application makes sense because if it were approved, funds would be available in July of 1999. MOTION: Nelson moved, Gilman seconded to authorize staff to prepare a LCMR Lake Minnetonka Conservation District Regular Board Meeting Ianuary 14, 1998 -6- application for blanket funding of future public access on Lake Minnetonka. VOTE: Motion carried unanimously. Staff was directed to place the draft LCMR application on the 1/28/98 Board agenda for comments and review. EWM/EXOTICS TASK FORCE B. 12/12/97 meeting report Suerth reviewed the minutes from the meeting and noted the following were discussed: · Special events on Lake Minnetonka in 1998 will require a permit from the LMCD in addition to the Water Patrol and the effected communities. · A zebra mussel educational pamphlet will be created in the near future. · Buffer zones · Herbicide spraying for milfoil. Wert left at 9:25 p.m. C. Additional Business There was no additional business. 4. SAVE THE LAKE There was no discussion. FINANCIAL A. Audit of vouchers for payment · 12/15/97- 12/31/98 · 1/1/98- 1/15/98 Nelson reviewed the audit of vouchers for payment. He asked the Board to ratify approval of the vouchers for the period of 12/15/97 - 12/31/97 and to approve the vouchers for the period of 1/1/98 - 1/15/98. MOTION: Partyka moved, Babcock seconded to ratify approval of the a~it of vouchers for the period of 12/15/97 - 12/31/97 and to approve the vouchers for the period of 1/1/98 - 1/15/98. VOTE: Motion carried unanimously. B. November f'mancial summary & balance sheet. Nelson reviewed the November financial summary and balance sheet. Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -7- MOTION: Gilman moved, Ahrens seconded to accept the November financial summary and balance sheet as submitted. VOTE: Motion carried unanimously. C. Additional Business There was no additional business ADMINISTRATION A. Review of Draft Resolution//95 Babcock stated the draft resolution included in the packet outlines all the fees for licenses and permits issued by the LMCD. He noted under 7C for renewal without change applications, the late fee schedule has not been included in the draft resolution. He recommended an amendment to 7C that stated "a renewal without change or a renewal with minor change for a multiple or commercial dock application shall be a $50 base fee plus $7.50 per WSU. Partial payment of 20% of the application will be allowed if received with a completed application by 12/1 of the year prior to the license year, with the balance due by 3/31 of the license year. If the application is received after 12/1 of the year prior to the license year, 100% payment of the fee is required when the application is submitted. All renewal applications are required to be submitted by 12/31 of the year prior to the license year. Late fees of 10% are also required for any payment received after its due date". MOTION: Gilman moved, Ahrens seconded to approve draft Resolution 95 with the amendment proposed by Babcock. VOTE: Motion carried unanimously. McMillan left at 9:45 p.m. B. Staff recommendation on required notification distance for public hearings Babcock introduced the agenda item stating currently, the LMCD has various public hearing distance requirements depending on the application. He added staff has further investigated this with the cities and has concluded that cities use a general public hearing notification distance of 350'. He concluded that staff is recommending adopting this as policy. However, the Executive Director can require a greater distance where it is deemed necessary. Nelson stated that he believed the notification distance should be a 350' radius because there may be citizens who may have interest. MOTION: Gilman moved, Partyka seconded to direct attorney to prepare an ordinance amendment which would require a public hearing notification Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -8- distance requirement of a 350' radius from the proposed project, or a greater distance if deemed necessary by the Executive Director. VOTE: Motion carried unanimously. Babcock noted that because there no longer is a quorum, that this is a direction to staff. C. Review of draft position announcement and position description for Planning Special Projects Intern: Nybeck reviewed the draft position description noting the main projects the intern would assist with is updating the car/trailer inventory on Lake Minnetonka, conducting an inventory of all watercraft stored on the shore of Lake Minnetonka, and the implementation of other projects highlighted in the Management Plan. He stated he believed there is a great need for an intern because of the multitude of projects that need to be done this summer. Further discussion on this agenda item was tabled to the 1/28/98 Board meeting due to a lack of a quorum. D. Consideration of compensation adjustment for Executive Director. This was tabled to the 1/28/98 Board meeting due to a lack of a quorum. E. Additional Business. There was no additional business. 7. EXECUTIVE DIRECTOR REPORT Nybeck reported on the following: · A list of Board phone numbers was included in the packet to be distributed to the public when requested. He asked Board members to contact the office if there needs to be further changes. · A calendar for 1998 and the month of lanuary were included in the packet. · A copy of the "Thin-Ice" Press Release prepared by Babcock and Randall was included in the packet. · A personnel update noting that the office is fully staffed and is performing well. · Staff will be working with Tim Kelly, MN DNR Planner, on the RFP for the 1998 Boat Density Survey. 8. OLD BUSINESS Babcock updated the Board on the office situation at the Grays Freshwater Center. He noted he had talked to Don Brown and that he had authorized him to hire a company, at their.expense, to assist the LMCD in locating other potential office locations. He added he Lake Minnetonka Conservation District Regular Board Meeting January 14, 1998 -9- had indicated to Don Brown that the LMCD is willing to keep an open-mind on re-locating; however, it is not committed to moving just because other office space is located. 9. NEW BUSINESS Suerth expressed concern with the recent snowmobilers who drowned after falling through thin ice. He questioned if it is possible to establish an ordinance to determine whether the ice is safe for public use. Babcock noted he believed that type of an ordinance amendment would pose a liability to the LMCD. There was further Board discussion regarding water skipping and educational programs. Suerth suggested there may be need for further Board discussion at a future meeting. 10. ADJOURNMENT There being no further business, Chair Babcock adjourned the meeting at 10:17 p.m. Douglas Babcock, Chair Eugene Partyka, Secretary RECEiVEO Z G Mr. Ed Shukle Manager City of Mound 5341 Maywood Road Mound, MN 55364 January 23,1998 RE: Commons Docks, Woodland Point With another boating season on its way and litigation still pending, we wanted to inform you of our intentions. We will submit our dock papers and fees as per the February 28, 1998 deadline. We believe the number of permits requested will be similar to last year and can be issued much the same way. Although we find the non-issuance of city permits onWawonaissa Common unacceptable, we understand the uncertainty of the pending litigation. We reserve the right to apply for permits or move issued permits to the Wawonaissa Common during the 1998 boating season pending the out come of our litigation or possible settlements at that time. cc Mr. Tom McCaffery Sincerely, Save Our Commons Board 949-907~ UERSATIL 515 PO1 ~AN 27 '98 12:02 RESO~ON NO. 98. ~LUTION TRANSFF..RRING TI~ FUN~ON OF LOCAL BOARD OF RRVIEW FROM THE MOUND CITY COUNCIL -TO Wi~NNEPlN COUNTY C ~S, the City Council has tr~litionally sexved as the Local Board of Review for purposes of setting the market value for properties within the City of Mound; and $-ro7 uties of edto tnd in a Mound tby from ~e C~ty Board of Review to Hermepin County effective in 1998. ~ FUR~ RF. SOL~.D, that Heart.in Coung' Assessing staff will conduct public meetings~'with propez~ owners interested in meeting with staff regarding individual values/ Taxpayers slill have the option to appeal their market value to the Hennepin Comity Board of F=q,n~i,~tlon. if they so choose. The foregoing resolution was moved by Councilmember and seconded by Councilmcmber The' following Councilmember$ vot~l in the affirmative: The following Councilmembers voted in the negative: