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1990-09-12 CC Agenda PacketCITY COUNCIL PACKET - - 9 -12 -90 #1 ilk CITY OF MOUND MOUND, MINNESOTA • A G E N D A MOUND CITY COUNCIL REGULAR MEBTING 7 :30 P.M. TUESDAY, SEPTEMBER 12. 1990 SCHOOL DISTRICT BOARDROOM[ 1. PLEDGE OF ALLEGIANCE. 2. APPROVE THE MINUTES OF THE AUGUST 28, 1990 REGULAR COUNCIL MEETING. Pg. 2636 -2643 3. PROCLAMATION - CANDLELIGHT VIGILS IN OBSERVANCE OF WORLD SUMMIT FOR CHILDREN. Pg. 2644 -2655 4. PUBLIC HEARING: CONSIDERATION OF A PUBLIC IMPROVEMENT PROJECT TO ACQUIRE AND CONSTRUCT MUNICIPAL PARKING TO SERVE THE CENTRAL BUSINESS DISTRICT. Fig. 2656 -2687 5. CASE NO, 90 -927: DENNIS HILDEBRANDT, 5229 WATERBURY ROAD, WHIPPLE, LOTS 6, 7 & 8, BLOCK 19, PID #25- 117 -24 21 0138. REQUEST: REAR YARD SETBACK VARIANCE Pg. 2688 -2696 ADDRESS 6. CA NO, 90 -931: TOM & STACY HINTZ, UNASSIGNED (BOXWOOD LANE /LYNWOOD BLVD., LOT 23, KOEHLER'S 2ND ADDITION, PID #14- 117 -24 43 0005. REQUEST: VARIANCE: NO FRONTAGE ON AN IMPROVED RIGHT -OF -WAY. Pg. 2697 -2713 i. REQUEST FOR PORTABLE SIGN, QUASI PUBLIC ^UNCTION - MOUND WESTONKA HOCKEY ASSOCIATION Pg. 2714 8. REPORT ON WATER DISTRIBUTION SYSTEM ANALYSIS. Pg. 2715 -2735 9. REPORT FROM LMCD REPRESENTATIVE & EXECUTIVE DIRECTOR: - SHORELAND MANAGEMENT ORDINANCE Pg. 2736 -2749 - EURASIAN WATER MILFOIL HARVESTING PROGRAM - LMCD LONG TERM MANAGEMENT PLAN (PLEASE REMEMBER TO BRING COPIES OF MATERIALS HANDED OUT AT 8/28/90 MEETING ON THIS SUBJECT) ENCLOSED ARE THE PUBLIC HEARING COMMENTS AND LETTER TO DR. DAVID ARNDORFER RE: LMCD LONG TERM MANAGEMENT PLAN, Pg. 2750 -2755 • - OTHER. 10. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. PAGE 2634 ilk 11. PAYMENT OF BILLS Pg. 2756 -2769 12. INFORMATIONINIBCELLANEOUS A. Department Head Monthly Reports for August. Pg. 2770 -2786 B. L.M.C.D. Mailings. Pg. 2787 -2789 C. Planning Commission Minutes of 8- 27 -90. Pg. 2790 -2792 D. Notice from Triax Cablevision re: rate increase. Pg. 2793 -2796 E. Notice from Metro Council on upcoming Regional Breakfast Meetings. Our breakfast is scheduled for Wednesday, September 19, 1990, 7:30 A.M. - 9:00 A.M. at T. Wrights, 3310 S. Hwy. 101. Please let Fran know by Tuesday evening if you wish to attend. Pg. 279 F. Economic Development Commission Minutes of August 6, 1990. Pg. 2798 G. Letter of resignation dated September 4, 1990, from Dell Rudolph, Dock Inspector, effective October 15, 1990. Dell has been an excellent Dock Inspector for the City of Mound for the past 7 years. He will be missed. Jim Fackler, Park Director, and I will be searching for a replacement immediately. Pg. 2799 C PAGE 2635 129 August 28, 1990 MINUTES - MOUND CITY COUNCIL - AUGUST 28, 1990 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 28, 1990 in the School District Boardroom at 5600 Lynwood Blvd., in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ahrens, Liz Jensen, Phyllis Jessen and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Jim Larson, City Engineer John Cameron, City Planner Mark Xoegler, Building Official Jon Sutherland and the following interested citizens: Tom Casey, Mr. & Mrs. Dennis Hildebrandt, Gerry & Donna Smith, and Matt Phillippi. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MOTION made by Jessen, seconded by Jensen to approve the minutes of the August 14, 1990, Regular Meeting and the August 21, 1990, Committee of the Whole Meeting as presented. The vote vas unanimously in favor. Motion carried. 1.1 PUBLIC HEARING: DELINQUENT UTILITY BILLS City Manager Ed Shukle explained that the revised amount was $3,862.47. Mayor Smith opened the Public Hearing regarding delinquent utility bills. There was no one present in the audience who wished to speak on this issue. The Mayor closed the Public Hearing and turned the item back to the Council. Johnson moved and Jensen seconded the following resolution: RESOLUTION 90 -98 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $3,q+: - .47 AND AUTHORISING THE STAFF TO SHUT -OFF HATER SERVICE TO THOSE ACCOUNTS The vote was unanimously in favor. Motion carried. 1.2 PUBLIC HEARING: COMPREHENSIVE PLAN UPDATE SEPARATE DOCUMENT The City Planner explained that the recommendations made by the • Planning Commission and the City Council have been incorporated 4434 130 August 28, 1990 into the Draft Plan. The Planning Commission has recommended approval of the draft plan so that it can be submitted to the Metropolitan Council for their review. The Mayor opened the public hearing. There were no comments. The Mayor closed the public !�r MOTION made by Jensen, seconded by Johnson to approve the Draft of Mound's Comprehensive plan and authorise Staff to forward the Plan to the Metropolitan Council for their review. The vote was unanimously in favor. Motion carried. 1.3 CASE NO, 90 -925: CHESTER STUTEVILLE, 4878 EDGEWAT DRIVE. 102 14, SUED, OF LOTS 1 i 32. IYARP 6 LINDOUISTS RAVENSWOOD, PID #13- 117-24 41 0043, SIMARD SETBACK VARIANCE The Building Official explained the request. The Planning Commission recommended approval. Johnson moved and Ahrens seconded the following resolution: RESOLUTION #90 -99 RESOLUTION APPROVING A SIDE YARD SETBACK • VARIANCE TO ALLOW A GARAGE ADDITION AT 4878 EDGEWATER DRIVE, LOT 14, SUBDIVISION OF LOTS 1 i 32 SLURP i LINDQUISTS RAVENSWOOD PID #13-117-24 41 0043, P i 2 CASE #90 -925 The vote was unanimously in favor. Motion. carried. 1.4 CASE NO. 90 -926: MELVIN SUCKMAN, 5012 TUXED BLVD., RLS 1150, TRACT A. PID #24- 117 -24 43 0034, MINOR SUBDIVISION The City Manager explained that this item was withdrawn by the applicant's attorney. No action was taken. 1.5 CASE NO, 90 - 927: DENNIS HUDEBRANDT, 5229 WATERBURY ROAD, WHIPPLE, LOTS 6, 7 i 8, BLOCK 19, PID #25- 117 -24 21 0138. REAR YARD SETBACK VARIANCE The Building Official reviewed the applicant's request and stated that he recommended approval of the variance of 8.5 feet to the required property line setback of 15 feet contingent on the applicant submitting plans in conformance with the 840 square feet as required by Ordinance. Over 840 square feet would A 631 131 August 28, 1990 require a conditional use permit. The Planning Commission reviewed the request and did not recommend approval because they felt there were other alternatives and there was not hardship. Mr. Hildebrandt was present and presented a revised plan that would make the proposed accessory building conform to the 840 square frat requirement. The Council discussed the request and asked if the applicant could reduce the width of the garage and add to the length. The applicant stated that he thought the topography would not be conducive to adding to the length because of the hill and the trees. MOTION made by Jessen, seconded by Jensen to able this item until the next meeting so that the Staff and Council can look at what effect the addition of length would have on the topography and trees. The vote was unanimously in favor. Motion carried. I 1 - Y - • • 1 ITT I f W L T _ - The City Plannft: explained the applicant's request. The Planning Commission recommended approval. The Council discussed a free standing sign versus a wall sign. The Planner stated that language could be added to the proposed resolution allowing maintenance or replacement of the existing free standing sign but no enlargement of the sign in the future. The Council asked that the language be added to the resolution. Johnson moved and Jensen seconded the following resolution: RESOLUTION #90 -100 RESOLUTION TO CONCUR WITH THE PLANNING CONXISSION TO ALLOW SIGN VARIANCES FOR 808 PRINTING, 2361 WILSHIRE BLVD., LOTS 29 -36, BLOCK 3, SHIRLEY HILLS UNIT F, PID #13- 117 -24 34 0051 /0058, P i S CASE #90 -930 • The vote was unanimously in favor. Motion carried. A439 132 The City Manager presented and highlighted the preliminary 1991 proposed Budget to the Council. He explained that under the truth in taxation law the City must certify a preliminary levy to Hennepin County by September 1, 1990. He proposed November 20 and 27, 1990, as dates for the public hearings on the proposed 1991 Budget. Jessen moved and Jensen seconded the following resolution: RESOLUTION #90 -101 RESOLUTION APPROVING TEE PRELIMINARY 1991 GENERAL FUND BUDGET IN TEE AMOUNT OF $2,264 BETTING TEE LEVY AT $1,644 APPROVING THE OVERALL PRELIMINARY BUDGET FOR 1991; AND SETTING PUBLIC EEARINGS The vote was unanimously in favor. Motion carried. i 1- c • Mir] The City Manager reviewed the lease extension and option to purchase prepared by City Attorney, Curt Pearson; the letter from Dakota Rail, dated August 24, 1990, including their proposed lease extension and option to purchase; letter from Mr. Mills* attorney granting an extension of the lease extension and option to purchase agreement to September 14, 1990; letter from Johnson i Wood dated August 22, 1990, stating agreement to purchase certain properties adjacent to their property (Coast to Coast) ; land values of the parcels in question as prepared by William A. Schwab of Penfield, Inc. The City Manager further stated that the attorneys are not interested in purchasing the property next to their office in Mound at this time. Negotiations are continuing with Mr. Eli Mills. The City Engineer presented his preliminary engineering report for acquisition and improvements of CBD parking lots dated August 1990. He presented several alternatives for assessing the project to be spread over 15 years at 81 interest. • A34 133 August 28, 1990 He recommended that the Council accept the preliminary engineering report and set September 12, 1990, for a public hearing on this project. Ahrens moved and Jensen seconded the following resolution: RESOLUTION #90 -102 RESOLUTION RECEIVING THE PRELIMINARY ENGINEERING REPORT FOR ACQUISITION AND IMPROVSMENTB OF CBD PARKING TATS FOR THE CITY OF MOUND AND CALLING A HEARING ON BUCK 1 FOR SEPTEMBER 12 1990 The vote was unanimously in favor. Motion carried. 1.8 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24.000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION. PURSUANT TO THE PROVISIONS OF MBA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR _1991 The City Manager explained that the :IRA has asked that the City levy an amount not to exceed $24,000 to defray the cost of operation at Indian Knoll Manor, 2020 Commerce Blvd. Jensen moved and Jessen seconded the following resolution: RESOLUTION #90 -103 RESOLUTION APPROVING A LEVY NOT TO EXCEED $24 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MBA 469 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 1991 The vote was unanimously in favor. Motion carried. The City Manager reviewed the City Attorney's letters regarding the resolution and ordinance for nature conservation areas as proposed by Tom Casey. The City Attorney recommended that the Council not adopt such a program until it is well thought out both from the standpoint of goals and the financial implications imposed upon public and private properties.. Councilmember Jessen stated that the Park i Open Space Commission will be discussing this issue at their September 13, 1990, meeting. C] 4a` Y6 134 August 28, 1990 Tom Casey was present and stated that he would like the Council to tell the Park i Open Space Commission if they are in favor of nature conservation areas. MOTION made by Jensen, seconded by Jessen to table until such time as the Park i Open space Commission forwards, to the Council, their recommendations regarding: 1) definition, potential locations and restrictions for nature conservation areas as per their Minutes of August 9, 1990; also their recommendations regarding how to maintain these nature conservation areas as a neighborhood asset; and their overall view on how these nature conservation areas fitwith other open space. The vote was unanimously in favor. Motion carried. 1.10 LICENOR RANIVANA MOTION made by Johnson, seconded by Ahrens to renew the On- Sale Beer License of Mound Lanes, 2346 Cypress Lane contingent upon all required forms, insurance, etc. being turned in. License period 7/1/90 to 6/30/91. The vote vas unanimously in favor. Motion carried. 1.11 PAYMENT OF BILLS MOTION made by Jensen, seconded by Jessen to authorise the 1 0 payment of bills as presented on the pre -list in the amount of $280 when funds are available. A roll call vote was unanimously in favor. Motion carried. ADD -ON ITEM@ 1.12 DRI MY ENTRANCE - PHILLIPPI PROPERTY The City Engineer explained the background of these parcels. Mr. Phillippi started to put in a new driveway on parcel (0118) to one of the two structures on parcel (0059) without a permit. He is recommending that Mr. Phillippi be granted a driveway permit with the following conditions: 1. Combine parcels (0059) and (0118). 2. Provide signed easement documents. Note: the City should have proof that it is recorded. 3. New drawing of proposed driveway with sufficient information. 0 XL41 135 0 August 28, 1990 4. Some type of guarantee that work will be done to the City's satisfaction. Note: the normal permit is a street excavation permit, which requires a $5,000 bond. He did not think that large of an amount was necessary in this case. Mr. Phillippi was present and stated he wants his driveway permit but that he will not combine parcels (0059) and (0118). He stated if the Council would subdivide parcel (0059) with the two structures on it, then he would combine the leftover parcel with one house on it with the buildable parcel that the driveway would come across. If the Council will not subdivide parcel (0059), he stated he would sell parcel (0118) for a buildable site and still install a driveway on the property to the one home on parcel (0059). The Council explained that they will not subdivide parcel (0059) because the result would be an undersized lot (approximately 4,000 square feet) with a home on it. No action was taken on this item. 1.13 DEMBIGN ROAR STRAIT IMPROVEMENT PROJECT The City Engineer presented the preliminary assessment roll for the 1989 street improvements on Denbigh Road. The total to be assessed is $44,840.00. He suggested that the Council set a September 25, 1990, for a public hearing on these. Jensen moved and Ahrens seconded the following resolution: RESOLUTION #90 -104 RESOLUTION CALLING FOR A HEARING ON THE PROPOSED ASSESSMENT OF THE 1989 STREET IMPROVEMENTS ON DENBIGH ROAD TO BE SET FOR SEPTEKBER 2S, 1990 The vote was unanimously in favor. Notion carried. A. July 1990 Financial Report as prepared by John Norman, Finance Director. B. Proposed Amendment to National Municipal Policy, National League of Cities in relation to Annual Conference, Houston, Texas 12 -1 -90 - 12 -5 -90. If we want to submit policy proposals and resolutions for consideration at the conference, we need to submit these by October 12, 1990. • 4ty2 136 August 28, 1990 C. Planning Commission Minutes of 7- 23 -90. D. Planning Commission Minutes of 8- 13 -90. E. L.M.C.D. Mailings. F. Park and open Space Commission Meeting Minutes of 8 -9 -90. G. Letter from Denice Rogers who had written "Letter to the Editor" in a recent LW= issue. The letter is a thank you to Chief Harrell about how this matter was handled. H. REMINDER: The August 28, 1990 Council Meeting will be held at the School District Board Room at 5600 Lynwood Blvd. Parking lot South of Pond Arena, enter North doors of District Building, follow signs. I. Notice from Association of Metropolitan Municipalities, (ANN) on Special Membership Meeting, Thursday, September 6, 1990. Please let Fran know ASAP if you want to attend. J. L.M.C.D. MAILINGS NOTION made by Jessen, seconded by Johnson to adjourn at + 10:20 P.K. The vote was unanimously in favor. Notion carried. Edward J. Shukle, Jr., City Manager Fran Clark, CMC, City Clerk 0 aVi 3 � SEF''i'EMBER 23 • 1990 in observance of 'U c a dk World Su mmit for Children �uturr o� itildmt rtrnyfi�•rr' Proclamation Whereas 40,000 children die worldwide every day from malnutrition and disease, and over 50 million of the deaths during the decade of the 1990s are easily preventable with today's technology; Whereas U.S. child poverty, infant mortality and school achievement are among the worst of all industrialized countries, with 40,000 children dying in this country every year; Whereas in Minnesota, 186,000 children live in poverty, and 25 percent of the homeless in shelters are children; 4D Whereas leaders of six countries have called for a World Summit for Children at the United Nations on September 29- 30,1990, to address the prestsing needs of children; Whereas 60 Heads of State have committed to attending the World Summit for Children, including President George Bush, making this the largaa: summit in the history of the world; Whereas our citizens are concerned about the health, education and welfare of children everywhere; Whereas adults and children of this community are holding a Candlelight Vigil on Sunday September 23, 1990 to mobilize our leaders to participate fully in the World Summit for Children; Now, there I do proclaim this to be World Summit for Children Week. • anvy 1605 Eustis Street Saint Paul, MN 55108 Nlake Donations to ('JI.S.M.Can( ielight Vigils 646-7579 ( W ) SEPTEMBER 23 • 1990 wM in observance of • World Summit for Children Alt, 1h. of dliWml nr�ynfirrr• W1 AUG 2 91990 " , , «4 " 1 August 23.1990 raft i arq ae. ftm GomM Fad Dear Community Leader. us.awfa.al.w. This Is to alert you to an event taking pace on Sept. 23 — the Minnesota Children's " e"kaft Candlelight Vigil — that will make a significant In the well of children. Your community is urged to be a part of this k- On Sept. 29 and 30 at the United Nations, there will be a World Summit for Children. So U&M yaRWAIa far 69 Heads of State have committed to attend, Including President George Bush, making CAM this the largest summk in history. For two days, world leaders will discuss the rights of CMW :mod children to a healthy, drug -free, dean, peaceful and secure world. Leaders have been c . Doknw FWW urged to determine what goals to meet for children in their own country . ClrlAan CMWw'a Fwd DWI Ffte" +• Pbn To focus attentoh: on the Summit, and to demonstrate public demand for action on the w, c w u t urgent needs of dAdren, candlelight vigils will be held throughout the world on Sunday, Hoeft Sept. 23. Currently, over 1000 candlelight vigils are panned In 58 countries, beginning in Ae.rw lAie.r.�iw Australia and sweeping around the globe. More than 400 vigils are scheduled throughout RESULTS , the United States. Educmom Fwd ow Chll*" UA Conme for urSCEF The enclosures will provide complete details and the Information you need to get started in Mlarld W'"""r Made support of the vigil in your own community. Governor Perpich has already endorsed the Minnesota Vigil and has issued a W "Wwyc""" Proclamation that the week of September 23-30 be World Summit for Children Week Luwm Nyc (enclosed). Gov. Walt' pool u Gw. '1 - 1 Mwa+ a a. of sale Jam am.. We ask that you (1) endorse the Proclamation, (2) publicize the Proclamation and the vigil SL fto M y°"""'`" in your local media and to key individuals and groups, (3) urge people to either hold a vigil Mo sa L wor RW � ew.wwo. Dwow .bean in your town or to send a delegation to the State Capitol on Sept. 23 at 5 p.m. Shan s. -ear o" Pk" We further suggest you get in touch with your local public school and /or the early children Im e a family education program. They have also been sent vigil information. Tan Nation SaW May Madomr A~ T" e.na+ro The time to act is NOW. Act to show that the people of Minnesota wish to make children a %W Vwme" SPIt or = WM p�ntY in the 1 99o s. %woor z ed" Wa Gann U.S. Pp. Trno" J. P" us. Rep. Gary S&MW For more information, please feel free to contact the Minnesota Candlelight 1r. lil office at (612) 646 -7579. MN Caft" co-clulra r+or, wow Monea,a Sincerel ANn Papa cwa.. N..ai.. -�)' C TIM sPeawm l ara Riscol o F m w .n KiM W C c Semc ". an+cw. W. State Director. Minnesota Children's Candlelight Vigil 9 ht Vi 9 A44S 1605 Eustis Street Saint Paul, MN 55108 Make Donations to: C.H.S.M. Candlelight Vigils 646-7579 SEPTEMBER 23 a 1990 ........... DX • n • i m m • P ei • in observance of %1 gfit a can World Summit for Children .. .. .... br the hdure of c1iddr Y1 e'rnwh`►r* Fact Sheet D Minnesota Children's Candlelight Vigil What is it? a September 23, on the grounds of the Stag► Capitol, an event will take place that will make a significant difference In the well-being of the world's children. Yea can be a part of this. Why are there Candlelight Vigils? Last February, U.N. Secretary General Javier Perez de Cuellar announced a World Summit for Children to be convened Sept. 29 and 30 at the United Nations. So far 69 Heads of State have committed to attend, Including President George Bush, making this the largest summit in the history of the world. For two days the world leaders will discuss the rights of chikJren to a healthy, drug -free, dean, peaceful and secure world, and leaders have been urged to determine what objectives to meet for children In their own country. To focus attention on this Summit and to demonstrate public demand for action on the urgent needs of children, candlelight vigils will be held throughout the world on Sunday, Sept. 23. Currently, over 530 vigils are planned in 53 countries, beginning in Australia and sweeping around the globe. More than 375 vigils are scheduled throughout the United States, The Minnesota Children's Candlelight Vigil: This is where you come In. The Minnesota Vigil will be held at the State Capitol grounds in St. Paul, starting at 5:00 p.m. with music, dance and activities, and culminating with the lighting of candles at 7:30 p.m. More than 10,000 children and adults are expected to participate, making the Minnesota Vigil one of the largest vigils worldwide. How to get involved: o ATTEND! This historic event will not happen without people. You as an individual or the organization to which you belong are urged to attend the Minnesota Vigil at the State Capitol on Sept. 23 Bring your family, bring your friends, and especially bring your children. o � )LUNTEER! You are needed for planning, implementing, statfi ^g and on the day of the event. A volunteer orientation meeting is held every Wednesday night at 1605 Eustis Street in St. Paul. o SPONSOR or ENDORSE the event -- ass!st by providing volunteers, cash or in -kind contribution. o SPREAD THE WORD! Tell everyone you know about the Children's Candlelight Vigil, and urge them to participate. Who should we contact? For further information, or to sponsor or donate to this event, contact the Vigil Office at 646 -7579. OU44 1605 Eustis Street Saint Paul, ;N1\ 55108 Make Donations to (: tS M. Candlelight Vigils 1616_5 What are the objeictives the Candlelight Vigils? N" I N : The oNe*n of the candlelight vigils is to mobilize the world's children and adults tiio toilet our lsaders participate hilly In the world Summit for Children and make the following t) hsvkg cNdren's well -being be a priority on the ootntny'a political. economic and social agenda; 2) wonlclg for ran ort and Inlplernre. 1 No of the Ciorwention on e Rights of the Child; and 3) saving the litres of 50 million children worldwide this decade and ensuring their future heartk education and opportunity to live a life tree of poverty within a sustainable environment. In the WNW States: Country- specilic addenduuns will be encouraged. In the United States, we will be urft President Bush and other olBcids to commit to making our nation a world leader In children's well-being, So that U.S. cold poverty. kfttt n o uft. and sc lwoi achievements are no longer among the worst of all wed countries. In Mkvnw%: We will create a catalyzktg event to Inspire a social mmmimertt makktg children a priortty in the Me. The vigil will Webrate youth of all ages, ethnic groups and soctoecon iomIc bed grounds. In addition, we will: o Compile gods for Minnesota children It the 1990s with Input hom our advisory council and o Develop and distribute a Now to Help Gu IW explaining how the general public can take action to malce a Me shoe In children's ores locally, nationally and Internationally o Create and distribute emotions: outreach material to schools, churches. campuses and o Generate addNiond vio sties around the state o Increase the public awareness of children issues through contrrhmky outreach efforts n Ghee Impetus to children's Initiatives akeady in place at the state and local level Ten Basic Fads About American Children 1. In 1988 more that 12 milfiort American children were poor. One in every be American children fives in poverty. l recent trends continue. by the year 200. one in four will live In poverty. 2. In 1988 the United Sates ranked ni In the world In Infant mortality and fifteenth In the world in the proportion of Infante immunized against polo. 3. The United Stabs spends Ass on elementary and secondary education that 13 other industrialized nations and has a higher ratio of students to teachers than 18 other nations. 4. America's future work force is shrinking. In the year 2000 there will be 4.1 million fewer young adults (ages 18 to 24) than two were In the 19Ws - a decline of 14%. 5. One•haM of 0 preschoolers have mothers in the work force; by the you 2000 the figure will rlse to nearly seven in 10. Yet Head Start serves only one in five eligible preschoolers and Congress has failed to enact a comprehensive program that responds to the child care crisis. 6. Between 9 million and 12 million American children, and more than 14 million women of childbearing age, have no health Insurance. 7. Hoff a million children drop out of school in America each yew. S. In 1986, 2.2 million American children were reputed abused, neglected, or both. 9. The U.S. teen pregnancy rate it ' vice as high as that of other industrialized countries. Two in five American giris get pregnant, and one in five bears a child before age 20. 10. Help for families struggling against this rising tide of poverty is shrinking. AFDC benefits fell by nearly 40 percent between 1970 and 1989, federal help for elementary and secondary education is down by more than 22 percent since 1979, and low- income housing assistance is down by 76 percent in real dollar terms. ('Ten Basic Facts About American Children' is a publication of Children's Defense Fund.) 1� JU y) Candlelight Vigil Action /Response Form Below are some ways In which students and citizens can participate in the World Summit • for Children's Candlelight Vigil. Tailor activities to suit your school or community. Refer to enclosed response form to let us know how we can help you have a great vigil! 1. Send a delegation (with school or town banner) to the State Capitol Vigil or have one In your own school, town or city. 2. Create a display in your school or place of work about children and the Candlelight Vigils. Do collages, posters, sculptures, paintings, photos ... be creative. 3. We are creating a giant children's mural with posters about a world where 'kids come first.' Make posters 1'x1' on tag board, then connect 4 "of yam to each re- enforced corner and tie them together. Bring to the State Capitol Vigil or make your own. 4. Learn the official vigil song, ' !n Our Hands' and sing it everywhere to invite people to the vigil. 5. Write to us and request our five -part World Summit for Chiloren lesson plan. 6. Make a giant candle out of recycled materials that serves as a mailbox for receiving and letters and poetry to local, national and world leaders. Read the most powerful at your vigil. 7. Write letters to your local papers to bring attention to your vigil and to the World Summit for Children. 8. Be an endorser of the Candlelight Vigil. Complete and return the enclosed form. 9. Write a postcard to President Bush and urge him to be an active leader for children at the Summit. Address: President George Bush, The White House, Washington, DC 20500. 10. Have a school or town assembly, show the World Summit Video, have a local child advocate spP,aker and Inspire everyone to take action. Let people share their feelings and thoughts about this remarkable opportunity. 11. Have students invite their -rents to take them to the vigil. Remember it's a Sunday afternoon. 12. Invite local businesses and service organizations to sponsor your vigil and participate in planning and promoting the event. 13. Set up a speakers bureau and have trained speakers gn to other classes, schools and communities to get more people involved. 14. Have a dance, bakesale, auction or a kids festival to raise funds for your vigil. 15. Set up different events to focus on the Children's Vigil week topics: Mon., Sept. 17: Children's Health Tues., Sept. 18: Child Poverty Wed., Sept. 19: Child Homelessness Thur., Sept. 20: Preschool Education is Fri., Sept 21: High School Education (Photocopy this side before returning the response form.) I ? i M 424 ys Response Form Please complete the following form and return to: Minnesota Children's Candlelight Vigil 1605 Eustis Street St. Paul, MN 55108 (612) 646 -7579 Attn: Action Response Name of School/Town /City Address (ZIP) Phone Contact Person Phone L Check all that apply: We will send a delegation to the vigil at the State Capitol. Estimated number of people: is Bring banners, logo T- shirts, posters, etc. We will endorse the Candl0ght Vigil. Please list our name with other endorsers. We will organize our own vigil at our school or community. We will help spread the word. Please send us: World Summit 'Video Tape' (3 minute and 8 minute segments) _ Music and Words for 'In Our Hands', the official song of the candlelight vigils We will make a tax deducible financial contribution of the following amount: $25.00, $50.00_ $100.00_ Other $ Make checks payable to'C.H.S.M Candlelight Vigil' From the ust of ideas on the reverse side, here's what we're planning to do: • Ott 4f Star Tribune Established 1867 Roger Parkinson Publisher and President Joel R. Kromer Executive Editor Thn J. McGuire Managing Editor Robert J. White Editorial Editor 14A . • • Saturday /July 28/1990 A big kiss for children Next fall, children will get a big buss from politi- cians. So what's new? Plenty, or what could be. The occasion is the world summit for children, billed as the largest gathering ever of world leaders meeting for a single, common purpose. With kids the focus of attention, the summit could also be the greatest photo opportunity ever. But because children are at stake, it must be more. This meet- ing could launch a new era in which old East -West or North -South divisions are superseded by con- sensus that the world's little citizens deserve its big citizens' best shot. poverty remain intractable problems. World leaders need to acknowledge those prob- lems in order to agree, individually and collective- ly, to fix them. For maximum effect, that agree- ment will need two key signatories: Presidents Bush and Gorbachev. The two countries that fi- nanced the Cold War must now agree that children have first claim on their resources. Bush joined other Western leaders at the recent summit in Houston in expressing his interest in attending, but has not made a commitment. Gorbachev also has expressed ;merest, but ma .:o commitment. Scheduled for Sept. 29 and 30 under United Na- tions auspices in New York, the summit agenda will highlight the new U.N. Convention on the Rights of the Child, now up for ratification by individual countries. Expect heartfelt words about its merits. But ratifying the convention will require national soul- searching. In addit on to setting min;:num standards for health and education, the convention seeks to protect children from abuse and exploitation at home, at work and during war. That's controversial for poor countries where child labor is routine, and for warring countries where children are sometimes cannon fodder. It's also embarrassing for richer countries, such as the United States, where infant mortality and child Neither leader should miss this political opportu- nity. In this case, good politics can also produce quick results. Experience has shown, for example, that when national leaders personally stress the importance of immunization, more parents partic- ipate. UNICEF estimates that with a little more money and a lot more political emphasis, in- creased immunization, oral- rehydration therapy, antibiotics and family planning could save 50 million of the 150 million children who will other- wise die in the next decade. There's no excuse for not spending political capital to save those lives. There is no better place to lay out that budget than at the children's summit. Candlelight vigil from " Thank you for your July 28 editorial, that came to mind — more than 60 readers t heads of state gathering to discuss the minimum standards for the care of their country's children — was a hopeful one indeed. Children are the w Ad's No. I re- source. They're also on.- of the first Tuesday /August 21/1990 t to pay whenever society compro- mises their basic needs and rights. To show support for the World Sum - mit and its intent. candlelight vigils will occur around the world Sept. 21. �0 The local event will be at the st Capitol in St. Paul at 5 p.m. - (over) Endorsing Organizations Children's Home Society Children's Defense Fund Returned Peace Corps Volunteers United Nations Association of Minnesota Jewish Family and Children's Services of Minneapolis Youth At Risk Uganda Project Second Harvest St. Paul Foodbank MELD Global Volunteers Twin Cities Friends Meeting 44th District DFL Greater Minneapolis Council of Churches Children's Heart Fund Community Clinic Consortium Children's Museum Skiers Ending Hunger March of Dimes- Greater Twin Cities Chapter Planned Parenthood of Minnesota PICA Headstart Resources for Chid Caring Emergency Foodshelf Network U.S. Committee for Unicef Neighborhood Involvement Program SL Paul Youth Service Bureau Family Alternatives Inc. YMCA - Minneapolis Ramsey Action Program/Head Start MN Healthy Modws/Healthy Babies Adults and Children Alliance Merrick Community Services Success By Sbc Centro Cultural Chicano Inc. Intn'I Alliance for Sustainable Agriculture Title Sponsor IDS Financial Services, Inc. Grand Metropolltan/PAtsbury Major Sponsors Bigelow Foundation St. Paul Foundation Sponsors Land O'Lakes University of Minnesota Film Society Minute -Man Press Spartan Promotions Minnesota Suburban Publication Hoyt Company Raven Corporation Vaughn Communications Naegle Outdoor Advertising, Inc. C. • • otter/ (over) Ll� *flight o condk air �' •. ltrtirrcof cfiddmn arrvrr�irrc' • • SEPTEMBER 23 • 1990 a Big Candleli(34,t Vigils in observmce of World Summit for Children SOME GOALS FOR MINNESOTA CHILDREN IN THE 1990'S For the following goals to become reality, more than government programs and assistance is required. Parents, communities, non -profit organizations, schools, religious communities, governments and children must all work together and take responsibility to empower our children, and to make children's needs a Minnesota priority for the 1990's. Child Health PROBLEM: 150,000 Minnesota children not eligible for Children's Health Plan or Medical Assistance have no health insurance coverage of any kind, and many children go without routine preventive and primary care. Immunizations we falling, preventable childhood diseases are rising, and medical costs are putting severe strains on families with children. GOAL: Provide affordable comprehensive health coverage to all Minnesota children by 1991. GOAL Expand Children's Health Plan to include hospitalization. Child Poverty PROBLEM: In 1985, 1 in 6 Minnesota children lived in poverty, a 60% increase since 1960. In those 5 years, Minnesota's ranking among states fell from 4th to 16th. The fastest growing group among the homeless are children. Most poor children live with someone who wor s, but the minimum wage has not kept up with inflation, and does not let a b •rl time worker keep a family of 3 out of poverty. Many poor children are on AFDC whicrr, unlike social security, has fallen far behind inflation and by 1989 put a family of three 33% below poverty. GOAL: Raise Minnesota's minimum waste to 55.45 an hour by 1993, enough to keep the spouse and child of a full -time worker out of poveLN. GOAL: Increase the buying powar of the major children's income support program. AFDC, to th poverty line by 1995. and Index it to inflation thereafter. Early Childhood Development PROBLEM: There is inadequate access to high quality, affordable child care and early childhood developement programs even though child care and early childhood education improve children's ability to achieve in school and work successfully as adults. In Minnesota, Head Start is available to only 1 in 4 preschoolers who quality and need it. There are fewer than 4 places available in full time licensed child care for every 10 children under 6 -years -old needing child care. Only 32% of the low income families meeting the guidelines for Minnesota Child Care Sliding Fee program can be served. GOAL: Serve all Head Start eligible children by 1995. GOAL: Serve all children needing help from the Child Care Sliding Fee program. GOAL. Im prove Parent Education /Family Support programs, and encourage parents to ar ici ate i n these programs. A 1605 Eustis street Saint Paul, ?AN 55108 ?`take [)orations to (. F{ � M Candlelit ht Vigils f,tti �79 Hunger/Inadequete Nutrition PROBLEM: As child poverty prows. Bald hunger prows loo. Food shelf use contirhues to soar, and a recent survey In Hennepin County found that 377M of low inoorm households • with children experienced eevere hunger. WIC (Vftnhen, YManb. Children Special Supplemental Food Program), which grows strong brains through food and health care for pregnant women and preschoolers, is unable to serve 25% of to children eligible in Minnesota. GOAL- Eliminate Child Hunger by 1995. - Serve all WIC eligible children by 1995. AM schools that serve lunch to serve breakfast by 1995. - Expand educational efforts concerning child nutrition. Expand educational efforts oonceming Food Share. Child Maltreatment PROBLEM: Substantiated cases of child maltreatment (physical or sexual abuse or neglect) rose On in Minnesota between 1982 and 19&7, and continue to rise. As child poverty and single- parent families grow, the stress on families is becoming more serious and long -form. Minnesota makes very few efforts toward maltreatment prevention even though children at risk can often be identified from the day toy are bom. GOAL Create comprehensive community -wide child abuse prevention effort$ in we Minnesota community by 1993, khdudim oarent education. Family Support and Development /Peer Support PROBLEM: Teen : The number of teen deaths from suicide increased 100 percent between 1970 and 1989. PROBLEM. 2N A PLg": Nearly one -third of to students in junior and senior high report that they use alcohol at least monthly. We are seeing regular alcohol use in children as young as 12 year-olde. Sevenleen percent of our seniors in high school report regular marijuana use, and two to five percent report regular use of speed, amphetamines, cocaine, or crack. PROBLEM: Teenage Preanancv: In 1987,1,&56 babies were bom to teenage mothers in Minnesota. Fifteen yearolds showed the highest increase in births of any adolescent age group between 1901 and 1986. GOAL Exoand family support services and teenage peer support groups (a safe place where teens can talk to leensl to s000mplish the following goals• Reduce the Incidence of teen suicide 50% by 1995. Reduce teenage drug abuse 507E by 1995. Educate the Public about the serious consequences of children having children - Educate an empower teensoers of both sexes to make healthy r hoice . • 45.3 Come and shine a light � on the needs of children Sunday, September 23, 1990 ----- • I1 World Summit for Children Minnesota State Capitol Grounds -- St. Paul Family Activities: 5 -- 7 p.m. Candlelight Vigil: 7:00 F For information or to volunteer: 646 - 7579 '2 �.� ----] in observance of L a candle for the future of children rywher�i The Opportunity: On September 23. on the grounds d the State Capitol, an event wN take place that will make a slgnWcant d1lerence In the well-being d the world's children. You can be a part d this. Why are there Candlelight Vigils? LM February, U.N. Secretary General Javier Perez de Cuellar announced a World Surmtk for Often to be catverted Sept 29 and 30 at the United Nations. So far 60 Pleads d State have co milted to attend the summit. Including President George Bush, rnaldng this the largest summit In the history d the world. For two days the world leaders will discuss the rights of children to a hedit, drug4res, clean, peaceful and secure world. and ea*leador has been urged to determine whet objectives to meet for children In their own cow". To focus attention to this Summit and to own leaders will be aware that the cktww of their cgx>friea will no longer tolerate poor conditions for gWrp% Candidight Vigils will be held throughout the world on Sunday. Sept 23. Beginning in Austr* ",Wwft around the globe, these vlgs will demonstrate public demand for action on0te needs of children. Cure*. over 100 vigils are scheduled I1 36 countries, with over 250 v "uled throughout the United Staten. The Minnesota Children's Candlell6k vigil: This is when you come In. Mn site fcRthe MRutssota V41111 will! be the State Capitol grounds in SL Paul. The program starts of 5:o0 p4L .. . Ouslc, done* and adivlNes for ddldren and youth, and culminates with the Ughting of co 30 p.m. More than 10.000 chUdnrr and aduhs are expected to attend the Minnesota V)gll.`.. ng the Minnesota Vigil one of the largest vigh world-wide. This historic event will not happen withoi you belong are urged to attend the Minn espec4.ny brig your children. And light United States and for the children of the For further )nfomiation, or to sponsor Ten Basic Facts I. In 1988 more than 12 million American children vvr trends continue, by the year 2(00, one in four will 2. h 1968 the United Sates ranked nineteenth In the Infants Immunized against poi's. 3. The United States spends less on elementary and ratio of students to teachers than 18 other nations, 4. America's future work force Is shrinking. In the ysi there were In the 1980's • a decline of 14%. 5. One-ha)f of all preschoolere have mothers In the w Head Start serves only one In five eligible preacho responds to the child care crisis. 6. Between 9 million and 12 million American child(# insurance. 7. Hag a million children drop out of school in Amj 8. In INC 2.2 million American children wort ropgte 9. The U.S. teen pregnancy rate is twice as high as 0 pregnant, and one In five bears a child before e 10. Help for families struggling against this rising 3e 1970 and 1989, federal help for elementsry and se Income housing assistance Is down by 76 percent ) ('Ten Basic Facts About American Children' is You as an individual or the organization to which Bring your family, brig your friends, and for the children of Minnesota. for the children d the f i�R cf to this eveM col �t the Vigil Office at 646.7579. *',t erican Children e In awry live Nnerk an children eves In porerty. a recant gQ i mortality and fdteenth in t world In Ow proportion of education that 13 other Industrlalited natlons and has a higher We p ill be 4.1 million fewer young adult (ages 18 to 24) than ;ryr the year 2000 the figure will earl se rise to nearly seven In 10. Yet real has failed to enact a comprehensive program that than 14 million women of childbearing age, haw no health or both. led countries. Two In flue American girls get Is shrinking. AFDC benefrt fell by nearly 40 percent between lucatipn Is down by more than 22 percent since 1979, and low- Defense Fund.) • • • �� cc Jvv7 • NOTICE OF PUBLIC HEARING CITY OF MOUND, MN. NOTICE is hereby given that the City Council of Mound will meet in the Sc hool District Board Room, at 5600 Lynwood Blvd., on Wednesday, September 12, 1990, to consider a public improvement project to acquire and construct xunicipal parking to serve the Central Business district, pursuant to Minnesota Statutes 429.011 to 429.111. The areas to be acquired and constructed lie within the Central Business District and are described as follows: North Boundary - Lynwood Blvd. West Boundary - 700' West of Commerce Blvd. South Boundary - 700' South of Shoreline Drive East Boundary - Belmont Lane The area proposed to be assessed for such improvement are all parcels in the Central Business District Parking Program. The estimated cost of such improvement is $350,000. Of this total amount a minimum of $175,000 is being proposed to be assessed. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. . Francene C. Clark, CMC City Clerk Publish in The Laker August 27, 1990 & September 3, 1990 • %9 4rd McCombs Frank Roos Assa:iates, Inc. Preliminary Engineering Report for Acquisition and Improvements Of CBD Parking Lot for The City of Mound, Minnesota August, 1990 Engineers Planners Surveyors • • • ���� tc(tc� ��.,; G. ": �'v �f.. •nq ',75544 Tpinpn7 ^aE'2 A7F,fyn. . 17 PRELIMINARY ENGINEERING REPORT FOR ACQUISITION AND IMPROVEMENTS OF CBD PARKING LOTS CITY OF MOUND. MINNESOTA August, 1990 • a?4s$ INTRODUCTION preparation of this • The City Council of the City of Mound ordered the p p Feasibility Report by Resolution No. 90 -90. on August 14. 1990. This report will involve the acquisition and improvement of public parking facilities in the Central Business District (CBD) and complies with Minnesota Statutes, Chapter 429 for public improvements financed in part by special assessments. • is OuSq BACKGROUND The purpose of this report is to present the City Council with an examination of the feasibility of the proposed public improvement project. To better understand the project is necessary to give scme background into the operation of the present Central Business District. The CBD was organized about 1969 or 1970 as a result of a joint effort between the City and business community, primarily to solve a parking problem in the downtown area. According to the records available. land was purchased. leases signed with Burlington Northern for the three areas in question and most of the lots were paved. In the fall of iwi, these expenses were znen assessca w ..+.V benefiting businesses, according to a formula that is still in use today. Much time and effect was originally put into this formula so that all the subject properties were treated in a fair and equitable manner. Each subsequent year, this same formula has been used to spread and assess the cost of the previous year's CBD expenses, including rent of the railroad property under lease. This section of the Burlington Northern Railroad was sold in 1985. to Mr. Jerry Ross. who formed a new railroad called Dakota Rail. Approximately one year ago. the present owner. Mr. Mills. purchased the line from bankruptcy court. The present lease for the property on which the parking lots are located expires September 15. 1990. Over the years. the cost for leasing the railroad property has gone from CBD paying 100% by the assessment process, to the City paying 1/3 of the rental in 1989• The City has been negotiating with Mr. Mills for the past year to try and come up with either a new lease agreement or a purchase price which would be equitable to both the City and CBD. 4440 PROJECT DESCRIPTION Enclosed with this report is a map of the CBD which shows the three parking 0 lots discussed in the report. The area north of the railroad tracks, in rronz of and adjacent to the Coast to Coast, will be referred to as the North Lot for purposes of this report. The parking lot south of the tracks and north of Lynwood Boulevard. between Belmont Lane and First Minnesota, is identified as the South Lot. The third parcel. located west of Commerce Boulevard between the railroad tracks and the attorney's office, will be called the West Lot. The North Lot is comprised of approximately 20,900 square feet that is presently paved and used as an improved parking lot in conjunction with property owned by Phil Lansing and Mike Mueller. The remaining area of the North Lot, also approximately 20.900, is unimproved, even though some of it is also used for parking. The improved portion of the lot was initially paved in 1970 and has been maintained by CBD since that time. The South Lot contains approximately 40.700 square feet. of which 34,410 is presently paved and under lease and 6.250 square feet that comprises the landscaped area between the lot and the tracks. This property contains a Metropolitan Waste Control Commission (MWCC) Lift Station, at the intersection of Belmont and Shoreline Boulevard (County Road No. 15). Two forcemains also run the full length under the parking lot and beneath the drive -thru teller of First Minnesota and across Commerce Boulevard. The West Lot is a paved, 35 -foot wide access, running from Commerce Boulevard westerly to serve the parking lot of the attorney's building and also the CBD lot to the west. The two MWCC forcemains are also located under this paved lot. These parking lots have served as a critical part of the downtown businesses over the past 20 years. To eliminate them from the CBD would be devastating to those businesses which do not have enough property to provide their own parking. For these reasons, it was felt that these parking lots should remain under control of the CBD and the City of Mound. is utl :OSTS The City Manager and City Attorney have been negotiating with Mr. Mills for the past few months and have arrived at a tentative purchase price. which will be used for this report. Of course. this purchase will have to be approved by the City Council. which is one reason for this report. An Option to Purchase, in the amount of 1265.000.00. has been prepared which includes all three lots previously described. Also included in the agreement is a lease agreement in the amount of 52.000.00Jmonth. running from September 15. 1990 to February 1. 1990. If both parties meet the requirements of the option and the Froperty is purchased. then up to (5.000.00 would be credited against the purchase price. A second alternate is also included in this report which would eliminate the west lot and reduce the purchase price to 1240.000.00. Other costs need to be added to these purchase prices, such as improvements, engineering. legal and administrative costs and bonding costs. Enclosed. as Exhibit A. is a breakdown of the costs of each alternative proposed to be assessed. The $35.000.00 shown as improvements are for paving the remainder of the north lot, minor repairs to existing blacktop and seal coating. 11 d2i4A PROPOSED ASSESSMD S From all previous discussions, it has been the City's position that 50% of the cost of the project is proposed, to be paid by the City and 50% would be assessed. City Staff and myself have spent considerable time examining the present formula used for assessing CBD maintenan ^,e each year and have come to the conclusion that it should also be used for this assessment, wi a few minor adjustments. The properties providing parking spaces would be given credit under Item No. 3 on the enclosed proposed assessment. instead of a lease credit as is done on the normal CBD maintenance assessment. Enclosed as Exhibit B and C are the proposed assessment using the total costs described in Alternate A and B. These assessments are proposed to be spread over the next fifteen years at an 8% interest rate. If the recommendations for assessments contained in this report are followed. a mid -level assessment of $6,000.00 would result in yearly payments as shown on Exhibit D. Also enclosed. as Exhibit E. is a chart showing a 15 -year payment schedule for a $100.00 assessment. To figure the yearly payments for an individual assessment, divide the total assessment by 100 and multiply that figure by the yearly payment on a $100.00 assessment, as shown on Exhibit E. • a6L3 CONCLUSIONS AND RECOMMENDATIONS 49 As previously mentioned in this report, we believe that these parking lots are a critical ingredient of the downtown businesses and should be retained in the present CBD system. It is also important that the City and, therefore, it's residents. be ar. integral part of this project by sharing in the cost and acting as the regulatory agency. It is our opinion that this project is feasible and can best be accomplished as described herein. • • 2t6 y CITY OF MOUND, MINNESOTA CBD PARKING LOTS MFRA #8294 ALTERNATE NO. A Land Cost Improvements Engineering, Legal. Administrative Cost (12X) Bonding Cost TOTAL A LTERNATE NO. B Land Cost Improvements Engineering, Legal, Administrative Cost (12X) Bonding Cost TOTAL S 265,000 35.E 35.000 15,000 S 350,000 33.E 12,000 S 320,000 is • • A tis EXHIBIT A (1) (2) (3) (4) (5) 17MM Coo Lot ACQUISITION % OF % OF 1989 % OF COST COST COST CUST. PARK. EMP. PARK. SPACES TOTAL TOTAL MARKET TOTAL x .7 x .1S x .1S (1001+12) REO'0. REQfD PROV. (142 -3) OF (4) FRONT OF (6) VALUE OF (8) x (5) x (7) x (9) 6 8.5 2.09 100.00 S.13 239000 6.26 2564.66 1347.56 1644.02 SSS6.24 13- 11T -24 33 0066 FIRST MINNESOTA 8 6.5 2.71 50.00 2.ST 133100 3.49 3318.97 673.73 915.56 4908.31 14- 117 -24 K 0001 SNYOER DRUG 19 2 10 11.0 20.0 4.93 96.40 S.05 119000 3.12 6031.48 1326.00 818.57 8179.06 14- 117 -24 K 0002 MEISELOS 16 4 0 34.0 8.37 50.00 2.57 313500 8.22 10258.62 673.78 2156.49 13088.89 14- 117 -24 K 0003 SNERWRNE BUILDING 40 10 16 7.27 51.60 2.6S 141500 3.71 8900.86 695.34 973.34 10569.55 14 -117 -24 K 0004 KOENIQ 24 5.5 0 29.S 0.00 50.00 2.57 26200 0.69 0.00 673.78 180.22 854.01 14- 117 -24 K 0006 SIERBRRRNE PARKING 0 0 0 0.0 2.59 50.00 2.57 63000 1.65 3168.10 673.78 433.36 4275.2S 13- 117 -24 33 0008 - =DEN BLDG- 10 5.5 5 1 ! 10.5 11.58 95.00 4.88 400000 10.48 14181.03 1280.19 2751.50 16212.72 13- 117 -24 33 OOOS HOUSE Of MOT 30 22 17.0 1.60 SO.00 2.5 7 81200 2.13 1961.21 675.78 S58 .SS 3193.51 13- 117 -24 33 0006 CURTIf dORIMSON 8 7.5 9 6.5 3.69 12S.00 6.42 124 600 3.27 4525.86 1684.45 857.09 7067.41 13- 117 -24 33 0076 CENTURY AUTO 12 6 3 Is.O 6.16 100.00 5.13 160100 .2 I 1347.56 it01. 9941.96 13- 117 -24 33 0011 POST OFFICE 16 19 10 25.0 1.46 23.50 1.21 00 480.26 1 6 1 ILDING 1810.38 BM% 316.68 18 330.18 2457.20 13- 117 -24 33 0014 KEN PERBIx W 4 2 0 6.0 0.00 85.10 4.37 TSSOO 1.96 0.00 1146.78 5/9.35 1666.12 13- 117 -24 33 OOtS LAUER 9 2 11 0.0 1.35 62.00 3.18 88800 2.32 1669.48 835.49 608.08 3103.05 13- 117-24 33 0016 LAUGPRE 7.5 3 S S.5 3.06 74.00 3.80 58800 1.54 3771.53 W7.20 404.47 5173.22 13- 117 -24 33 0017 LONGPRE 7.5 5 0 12.5 0.00 70.00 3.59 15000 0.39 o.00 943.29 103.18 1046.48 14- 117 -24 K 0046 MONGER'S 0 0 0 0.0 7.S1 66.66 3.42 178900 4.69 9202. 898.29 1230.61 8 1 -55 13- 117 -24 33 0077 (OAST TO COAST 37 10.5 17 30.5 0.00 207.91 10.67 387400 10.15 0.000 0 2801.72 2664.83 % 5466. 5 " 13- 117 - 24 33 0073 TOIIKA REST 40 15 55 0.0 10.34 58.00 2.96 224800 5.89 12672.41 781.59 1546.34 15000.34 14- 117 -24 K 0036 BEN FRANKLIN 36 6 0 42.0 3.69 32.50 1.67 85800 2.25 4525.86 437.96 590.20 5554.02 14.117-24 K 0037 RUSTIQUE 11 4 0 15.0 0.99 112.00 5.75 51000 1.34 1206.90 iS09.27 350.62 3066.96 14- 117 -24 K 0038 WAYZATA DANK 10 0 6 4.0 7.14 40.00 2.05 153500 4.02 8750.00 539.03 10SS.89 10344.91 14-117-24 K 0039 WEST. SPORTS 26 3 0 29.0 0.12 50.00 2.57 171100 4.48 150.86 673.78 1176.95 2001.60 14- 117 -24 K 0041 ROENIG KOENI 9 7.5 16 0.5 3. 27.00 1.39 96000 2.S2 39M.41 363.84 660.36 4946.62 14- 117.24 K 0042 ME 1T 0 4 13.0 0.74 29.30 1.50 65900 1.73 905.17 3%.88 453.31 1753.32 13-117 -24 33 0047 DENTAL (BORG) 4 6 7 3.0 3.45 80.00 4.11 10SS00 2.76 4M4.14 1078.05 725.71 6027.90 13- 117 -24 33 0049 BIG A BI 1S 10 11 14.0 3.20 60.00 3.08 101300 2.65 3922.41 808.54 696.82 5427.77 13- 117.24 33 0050 GNOLD A. LINGOlIIST REYNO 15 2 4 13.0 49.99 2.57 108000 2.83 3318.97 673.65 742.91 4735.S2 13-117 -24 33 0082 LODGE 14 3 6 11.0 2.71 206 406.0 100.00 1947.96 100.00 3816100 100.00 122500.00 26250 26250 175000.00 KS 167 lb EXHIBIT 3 9 0 MMISIT C 0 160000 CBD LOT ACQUISITION (1) (2) (3) (4) (S) (6) (7) (a) (9) (10) (11) (12) (13) LUST. EMP. % OF 1< OF 1989 % OF COST COST COST PARK. PARK. SPACES TOTAL TOTAL MARKET TOTAL x .7 x .15 x AS REO'D. REQ #D PROV. (1.2 -3) OF (4) FRONT OF (6) VALUE OF (8) x (5) x (7) x (9) (10+11 *12) 13- 117 -24 33 0066 FIRST MINNESOTA 8 6.S 6 8.S 2.04 100.00 S.13 239000 6.26 2344.83 1232.06 1503.11 5079.99 14- 117 -24 " 0001 SNYDER DRUG 19 2 10 11.0 2.7 50.00 2.57 133100 3.49 3034.48 616.03 837.08 4487.60 14 - 117 - " 0002 MEISELRS 16 4 0 20.0 4.93 98.40 S.05 119000 3.12 S517.24 1212.35 748.41 7477.99 14 117 - 24 44 0003 SNERSURNE BUI`01NK' 40 10 16 34.0 8.37 SG.00 2.57 313500 8.22 9379.31 616.03 1971.65 11966.99 14 117 - 24 k 0004 KOENIG 24 5.9 0 29.S 7.27 51.60 2.65 141500 3.71 8137.93 635.74 889.91 9663.59 14- 117 -24 K 0006 SNERBURNE PARKING 0 0 0 0.0 0.00 50.00 2.57 26200 0.69 0.00 616.03 164.78 780.80 13- 117 -24 3S 0004 CODOEM BLDG. 10 5.5 5 10.5 2.59 50.00 2.57 63000 1.65 2896.55 616.03 396.22 3908.80 13- 117 -74 33 0005 ROUSE OF MOT 30 22 5 47.0 11.58 95.00 4.88 400000 10.48 12965.52 1170.46 2315.66 16651.63 13- 117 -24 33 0006 CLORTIS JOHW -= a 7.5 9 6.5 1.60 50.00 2.S7 81200 2.13 1793.10 616.03 510.68 2919.81 13- 117-24 33 0076 CENTURY AUTO 12 6 3 15.0 3.69 125.00 6.42 124600 3.27 4137.93 1540.07 783.63 6461.63 13- 117 -24 33 001' POST OFFICE 16 19 10 25.0 6.16 100.00 5.13 160100 4.20 6896.55 1232.06 1006.89 9135 -SO 13 - 7 -24 33 0014 KEN PERBIX BUILDING 4 2 0 6.0 1.48 23.50 1.21 48000 1.26 1655.17 289.53 VIM 2246.50 13- 117 -24 33 0015 LAUER 9 2 11 0.0 0.00 05.10 4.37 75500 1.96 0.00 1048.48 474.83 /S23.31 13- 117'-c1 33 0016 LONGPRE 7.5 3 5 S.5 1.3S 62.00 3.18 88400 2.32 1517.24 763.88 SSS.96 2037.08 13- 117 -24 33 0017 !OMGPRE 7.5 5 0 12.5 3.06 74.00 3.00 58800 1.54 3448.28 911.72 369.80 4729.80 14- 117 -24 44 0046 MEISEV $ 0 0 0 0.0 0.00 70.00 3.S9 iS000 0.39 0.00 862.44 94.34 956.78 13- 117 -24 33 0077 COAST TO CORSI 37 10.5 17 30.S 7.51 66.66 3.42 178900 4.69 8413.79 821.29 1125.13 10360.21 13- 117 -24 33 0073 TONKA WEST 40 15 55 0.0 0.00 207.91 10.67 387400 10.15 0.00 2561.57 2436.41 4997.99 14- 117 -24 44 0036 BEN FRANKLIN 36 6 0 42.0 10.34 s'� - A 2.% 224800 5.89 11586.21 714.S9 1413.80 13714.60 14- 117 -24 44 0037 RUSTIQUE 11 4 0 15.0 3.69 ' : :.i0 1.67 85800 2.25 4137.93 400.42 539.61 5077.96 14- 117 -24 44 0038 WAYZATA BANK 10 6 6 4.0 G.99 1•:.00 5.75 51000 1.34 1103.45 1379.91 320.75 2804.10 14- 117 -24 44 0039 WEST. SPORTS 26 3 0 29.0 7.14 40.00 2.0S 153500 4.02 8000.00 492.82 965.38 94SS -21 14- 117 -24 44 0041 KOENIG 9 7.5 16 0.5 0.12 50.00 2.57 171100 4.48 137.93 616.03 1076.07 1830.03 14- 117 -24 M 0042 NETKA 17 0 4 13.0 3.20 I7.00 1.39 96000 2.S2 3586.21 332.66 603.76 4522.62 13- 117 -24 33 0047 WEST. DENTAL (BORG) 4 6 7 3.0 0.74 29.30 1.50 65900 1.73 827.59 360.99 414.45 1603.03 13- 117 -24 33 0049 BIG A /5 10 11 14.0 3.45 80.00 4.11 105500 2.76 3862.07 985.65 663.50 5511.22 13- 117 -24 33 0050 REYNOLD A. L)NGOUIST 15 2 4 13.0 3.20 60.00 3.08 101300 2.65 3506.21 759.23 637.09 4962.53 13- 117 -24 33 0082 MOUND LODGE 14 3 6 11.0 2.71 49.99 2.57 108000 2.83 3034.48 615.91 67923 4329.62 445 167 206 406.0 100.00 1947.96 100.00 3816100 100.00 112000.00 24000 24000 160000.00 9 0 MMISIT C 0 0 CITY OF MOUND CBD ASSESSMENT ROLL MID LEVEL ASSESSMENT $6000 - 15 YEARS 6000 PRINCIPAL INTEREST TOTAL 1992 400 600 1009 1993 400 448 848 1994 400 416 816 1995 400 384 784 1996 400 352 752 1997 400 320 720 1998 400 288 688 1999 400 256 656 2000 400 224 624 2001 400 192 592 2002 400 160 560 2003 400 128 •528 2004 400 96 496 2005 400 64 464 2006 400 32 432 TOTAL 6000 3960 9960 • EXHIBIT D accg CITY 0 j CBD ASSES$NT ROLL .1 $100,SESSMENT $100 - 15 YEARS 100 PRINCIPAL INTEREST i. t 1992 , 6.'67 10.00 1993 ;6.67 7.47 1994 6.96 6.93 1995 6.67 6.40 1996 6.67 5.87 1997 6.66 • 5.33 1998 6.67 4.80 1999 6.67 4.27 2000 6.66 3.73 2001 6.67 3.20 2002 6.67 2.67 2003 6.66 2.13 2004 6.67 1.60 2005 6.67 1.07 2006 6.66 0.53 TOTAL 100.00 66.00 r TOTAL 16.67 14.14 13.59 13.07 12.54 11.99 11.47 10.94 10.39 9.87 9.34 8.79 8.27 7.74 7.19 166.00 • • • 244 0 EXHIBIT E LEASE EXTENSION AND OPTION TO PURCHASE THIS AGREEMENT, Made this day of , 1990, by and between Dakota Rail, Inc., a corporation (Seller), and the City of Mound, a Minnesota municipal corporation (Buyer) . Seller, for itself, its successors and assigns, being the present owner of the tract of land hereinafter described, and in consideration of the sum of One Dollar ($1.00) paid by Buyer, receipt of which payment is hereby acknowledged, does hereby confer upon Buyer, its successors and assigns, an exclusive option to purchase the tract of land situate in Hennepin County, Minnesota, the location of which is depicted as the shaded area on Exhibits A and B attached hereto (Property) , on the terms and conditions hereinafter set forth: 1. PURCHASE PRICE. Buyer may elect to purchase only the property shown on Exhibit A, in which event the purchase price shall be Two Hundred Forty Thousand and no /100 Dollars ($240,000.00), or Buyer may purchase property shown on both Exhibits A and B, in which event the purchase price shall be Two Hundred Sixty Five Thousand and no /100 Dollars ($265,000.00). The purchase price shall be payable in cash upon the closing of the transaction, if the option is exercised by buyer. 2. TERM OF OPTION. This option shall be exercisable by Buyer at any time, on or before the 30th day of September, 1990. 3. EXERCISE OF OPTION. In the event Buyer exercises this option to purchase the Property, written notice thereof shall be given to Seller by hand - delivering said notice or by mailing said notice to Seller by certified mail, return receipt requested, addressed to Dakota Rail, Inc. at the following address: 25 Adams Street North Hutchinson, MN 55350 4. EARNEST MONEY. At time of exercise of option, Buyer shall pay Seller, as earnest money, the sum of Five Thousand and no /100 Dollars ($5,000.00), which shall be credited against the purchase price. 5. LEASE EXTENSION. Seller hereby extends the expiration date of the existing lease agreement with Buyer for the Property shown on Exhibit A (or on both Exhibits A and B at option of Buyer) , from September 15, 1990, to February 1, 1991. Rental payments during the extension period shall be $1,750.00 per month if Buyer elects to lease only the property shown on Exhibit A, and $2,000.00 per month if Buyer elects to also lease the property shown on Exhibit B. Except as modified by this paragraph, the terms and conditions of the existing lease agreement shall remain unchanged. 6. CREDIT FOR RENT PAYMENTS. ' additional credit to said purchase price, if Buyer exercises the w,.hin option and closes the transaction on or before December 1, 1990, there shall be deducted from the purchase price all rental payments made during the extended term of the lease referred to at paragraph 5 above. If the transaction is closed after December 1, 1990, credit shall be allowed to Buyer only for the pro -rated d2 i 70 portion of rent paid in advance which is allocable to the period following the date of closing. 7. TOXIC AND HAZARDOUS SUBSTANCES. Seller represents tie Buyer that it believes the Property to be free from any toxic or hazardous substances or wastes or pollutants or contaminants as those to -ms are defined under Federal and State law ( Hazardous Waste). Seller further represents and warrants to Buyer that it has never placed any Hazardous Waste upon the Property, and has no knowledge of any Hazardous Haste upon the Property. Buyer or Buyer's representatives, employees, or agents shall be entitled to conduct a Phase I Environmental Audit and such ether tests or inspections as Buyer deems necessary or advisable to satisfy itself that the soil or ground water on the Property is free from Hazardous Waste. If the Property is found to contain Hazardous Waste, Buyer shall have the option of terminating this agreement, in which event all earnest money paid herein shall be refunded, and neither party shall have any further obligation to the other. g. MARKETABLE TITLE. Within thirty (30) days after notice of the exercise of this option, Seller shall furnish to Buyer abstracts of title or registered property abstracts to the Property, continued to date with all usual and customary searches (or in lieu thereof, an Owner's Title Insurance Commitment naming Buyer as proposed insured) after which Buyer shall have thirty (30) days within which to determine the marketability of title thereto and make objections thereto, if any. In the event that title to the Property is found unmarketable and cannot be made marketable within sixty (60) days of notice thereof to Seller, then this agreement, shall a the option of Buyer, be void and the earnest money payments theretofore mad shall be refunded to Buyer. 9. SURVEY. Buyer shall obtain, at its expense, a survey of the Property, prepared and certified by a registered land surveyor. The legal description prepared from such survey shall be used to convey the Property to Buyer at closing. If the description to be used for the conveyance of the Property results in the subdivision of an existing parcel of land, Buyer shall be responsible for obtaining any approvals required by the City of Mound, including waiver of subdivision ordinance requirements, if necessary. 10. CONVEYANCE OF TITLE. At the closing, Seller shall deliver to Buyer a quit claim deed conveying marketable title, free from all encumbrances, subject to the following exceptions: a. Building and zoning laws, ordinances, and regu- lations. b. Reservation of any minerals or mineral rights to the State of Minnesota. C. Utility, drainage and roadway easements to the extent that they do not interfere with Buyer's intended use of the property. 0 Awl d. The lien of real estate taxes and installments of special assessments, if any, and interest thereon, payable in the year following the year of closing. 11. PLACE OF CLOSING. The closing of said transaction, in the event the within option is exercised by Buyer, shall take place at the offices of Wurst, Pearson, Larson, Underwood & Mertz, 1100 First Bank Place lest, Minneapolis, Minnesota, or at such other location as shall be mute -ally agreed upon by the parties. 12. POSSESSION OF PROPERTY. Upon closing, the immediate possession of the Property shall be given to Buyer. 13. CLOSING DATE. If Buyer exercises this option, the closing shall take place on or before February 1, 1991. If Buyer shall fail to close on or before the aforementioned date, then Buyer shall forfeit to Seller all sums theretofore paid, and Seller shall be discharged of all obligations herein contained. 14. AGREEMENT WITH RESPECT TO EASEMENTS. It is understood and ar:Teed, by and between the Seller and Buyer, that if Buyer _xercises the Within :)ption and closes on the purchase of the Property, Seller shall also convey to Buyer a utility easement over, under, and across that part �f Seller's right -of -way, located in the City of Mound, which lies east of Commerce Boulevard. 15. INDEMNIFICATION OF SELLER. Buyer shall indemnify and hold harmless Seiler against and from any and all claims, including but not limited to, mechanic's liens, by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct of or management of or from any work or thing whatsoever done by Buyer, or Buyer's officers, agents, employees, or contractors on or about the Property, or arising from any act of negligence of the Buyer or Buyer's officers, agents, employees, or contractors, on or about the Property, and from and against all costs, attorneys' fees, expenses, and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding is brought against Seller by reason of any such claim, Buyer, upon notice from Seller, shall resist and defend such action or proceeding. 16. SURVIVAL OF AGREEMENTS. The terms and conditions of this agreement shall not be merged into the deed delivered hereto, but shall, where applicable, survive the delivery of such deed from Seller to Buyer. • A470% IN TESTIMONY h'HEREOF, the parties have executed this agreement on the day and year first above written. STATE OF MINNESOTA SELLER 0 Dakota Rail, Inc. By— — -- Its BUYER City of Mound By Its Mayor By Its City Manager COUNTY OF The foregoing instrument was acknowledged before me this day of , 1990, by , the of Dakota Rail, Inc., a corporation, on behalf of the corporation. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged b- me this day of --1 1990, by Steven L. Smith and Edward J. Shukle, Jr., the Mayor and City Manager of the City of Mound, a Minnesota municipal corporation, on behalf of the corporation. 0 10l ..4r L � '1 Dakota -1 —Rail, 'AovN of the Charging Butlslo' August 24, 1990 Hug 27-yO 15:22 No.001 r.62 Tt E rn 4F I/ Inc. FLORIDA OFFICE 801 West Say Drive. Suae 800. Largo. FL 34640 (81 585.4727 FAX: 1813) 585- 7781 Curtis A. Pearson, Esq. Wurst, Pearson, Larson, Underwood & Mertz, P.A. 1100 First Bank Place West Minneapolis, Minnesota 55402 Dear Curt: I am enclosing four executed copies of a revised Lease Extension and Option to Purchase Agreement. When executed, I would appreciate it if you would return two originals for my files. I have made several revisions to the document you drafted. I have highlighted some of the major changes below: Paragraph 1: I've requested that you identify which parcels you intend to purchase when you exercise the option to purchase. Paragraph 5: The lease extension comes into effect only if you exercise the option to purchase. Paragraph 6: The credit for rent payment is for the period of 9/15 through 11/30; thereafter, there will be no credit for rental payments against the purchase price. Paragraph 7: I have modified this paragraph to represent that we have no knowledge of hazardous substances, but you must rely on your own inspections. Paragraph 8: You will have to obtain title abstracts or insurance at your own expense. We will have releases for the two mortgages on the property (3M Corporation and Butler Manufacturing) at closing and will be happy to show you a draft prior to closing. As we discussed, Minnesota Title provided title insurance to the Trustee in 1988, so I do not believe it will be a problem for you to obtain an acceptable title insurance policy. Paragraph 10: As I indicated to you in our discussion, we will provide a quit claim deed only. Paragraph 14: I believe this reflects our oral understanding that we will convey the utility easement for the MWCC pipe on the right Ott 7y ,ot -L;.M JCL "'.: - �o.7 rc3 1 -VQ 17 ;L1 NO.UUI F. Mr. Curtis Pearson August 24, 1990 Page 2 of way if, and only if, the City closes by the end of the calendar year. ' Paragraph 18: The notice provision has both the Oppenheimer firm and yourselves copied. Paragraph 19: Please take note of subparagraph e. in which the City acknowledges that Dakota Rail will be operating a rail line on the right of way, that the use of the subject Property will not interfere with rail operations, and that the City will not Interfere with Dakota Rail's use of any of its right of way in the City of Hound which is used for rail purposes. This refers to our discussion of the siding we expect to put in west of Commerce on our right of way. Very truly yours, Elli M. A. Mills President Cc: Mr. Edward J. Shukle, Jr. Patrick McLaughlin, Esq. Eric Nilsson, Esq. EMAM :ec • J • X475 WrLOM LL. U l c[ �r0.UU1 t ".t' 0 LEASE EXTENSION AND OPTION TO PURCHASE THIS AGRF.F.MENT Made this a day of «' ��,�990, by and between Dakota Rail, Inc., 25 Adams Street North, Hutchinson, Minnesota 55.50, a South Dakota Corporation, duly registered to conduct business in Minnesota (Seller), and the City of Mound, 5341 Maywood Road, Mound, Minnesota 55364, a Minnesota municipal corporation (Buyer) Seller, for itself, its successors and assigns, being the present owner of the tract of land hereinafter described, and in consideration of the sum of One Dollar ($1.00) paid by Buyer, receipt of which payment is hereby acknowledged, does hereby confer upon Buyer, its successors and assigns, an exclusive option to purchase the tract of land situate in Hennepin County, Minnesota, the lociJon of which is depicted as the shaded area on Exhibits A and B attached hereto (Piupc:rty), un (lit: terins and conditions hereinafter set forth: 1. PURCHASE PRICE. Buyer may elect to purchase only the property shown on Exhibit A, in which event the purchase price shall be Iwo Hundred Forty Thousand and no /100 Dollars ($240,000.00), or Buyer may purchase property shown on both ExNbits A and B, in which event the purchase price shall be Two Hundred Sixty -Five Thousand and no /100 Dollars ($265,000.00). The purchase price shall be payable In cash, wire transfer, or cashier's check upon the closing of the transaction, if the option Is exercised by Buyer. At the exercise of the Option of Purchase, Buyer shall notify Seller as to which Property Buyer elects to purchase. 2. TERM OF OPTION. This option shall be exercisable by Buyer at any time, on or before the 30th day of September, 1490. 3. EXERCISE OF OPTION. In the event Buyer exercises this option to purchase the Property, notice thereof shall be given to Seller in accord with the terms and conditions of paragraph 18 below. 4. EARNEST MONEY. At time of exercise of option, Buyer shall pay Seller, as earnest money, the suns of Five Thousand and no /100 Dollars ($5,000.00), which shall be credited against the purchase price. 5. LEASE EXTENSION. In the event Buyer exercises this option, Seller will extend the expiration date of the Cxisling lease agreement with Buyer for the Property shown on Exhibit A (or on both Exhibits A and B at option of Buyer), from September 15, 1990, to February 1, 1991. Rtnial naymems rlitrinr thr, rxtrn%inn prrind 011 hr, 51.710 W ltr mrnnth if Royrr elate to lease only the property shown on Exhibit A, and $2,000.00 per month if Buyer elects to also lease the property shown on Exhibit B. Except as modified by this paragraph, the terms and conditions of the existing lease agreement shall remain unchanged. 6. CREDIT FOR RENT PAYMENTS. An additiona! credit to said purchase price, • if Buyer exercises the within option and closes the transaction on or before December 1, 1990, there shall be deducted from the purchase price all rental payments made during the extended R` terms of the lease referred to at paragraph S above. If the transaction Is closed after December • I 1990, credit shall be allowed to Buyer only for the portion of rent paid from September 15, 1990 through November 30, 1990. 7. TOXIC AND HAZARDOUS SUBSTANCES. Seller represents to Buyer that to the best of its knowledge it has never placed any Hazardous Waste upon the Property, and that, withou! duty or obligation of inquiry, it has no knowledge of any Hazardous Waste upon the Property. Buyer or Buyer's representatives, employees, or agents shall be entitled, at its own expense, to conduct a Phase i Environmental Audit and such other tests or inspections as Buyer deems necessary or advisable to satisfy itself that the soil or ground water on the Property is free from Hazardous Waste. If the Property is found to contain Hazardous Waste, Buyer shall have the option of terminating this agreement, in which event A earnest money paid herein shall be refunded , and neither party shall have any further obligation to the other. It is the duty of Buyer to satisfy itself regarding the condition of the property. Notwithstanding any other terms and conditions of this agreement, the representations and warranties in 0 is paragraph from Seller to Buyer shall not survive closing, 8. TITLE. Within thirty (30) days after notice of the exercise of this option, Buyer shall obtain at its expense abstracts of title of registered property abstract- to the Property, continued to date with all usual and customary searches (or in lieu thereof, an Owner's Title Insurance Commitment naming Buyer es proposed insured, "Commitment "). Buyer shall have ten (10) days after receipt of the abstract, registered property abstract, or Commitment to examine title to the Property and to make any objections ( "Objections "), if any, shall be made in writing. If Buyer makes a reasonable Objection, Seller shall have thirty (30) days to cure the Objection . If the Objection is not so cured or waived by Buyer, then this Agreement shall be null and void and all tamest money shall be refunded to Buyer upon demand. 9. SURVEY. Buyer shall obtain, at its expense, a survey of the Property, prepared and certified by a registered land surveyor. The legal description prepared from such survey shall be Used to convey the Property to Buyer at closing. If the description to be used for the conveyance of the Property results in the subdivision of an existing parcel of land, Buyer shall be responsible for obtaining any approvals required by the City of Mound, including waiver of subdivision ordinance raptircmentg, if nerrwry. 10. CONVEYANCE OF TI7 LE. At the closing, Seller shall deliver to Buyer a quit claim deed conveying title, 11. PLACE: OF CLOSING. The closing of said transaction, in the event the within np6on is exercised by Buyer, shall take place at the offices of Wurst, Pearson, Larson, Underwood k Mertz, 110X0 First Rank Plarr, West, Minmiprilis, 1111: ;np;nia, or at such location as shall be mutually agreed upon by the parties. 12. POSSESSION OF PROPERTY, Upon closing, the immediate possession of the . Property shall be given to Buyer. All 13. CLOSING DATE, If Buyer exercises this option, the closing shall take place on or before February 1, 1991. If Buyer shall fail to close on or before the aforementioned date, then Buyer shall forfeit to Seller all sums theretofore paid, the Seller shall be discharged of all obligations herein contained. 14. AG .E"4rt'IT WITH P - RSP &CT TO RASr.KfRAITS. It io undorstood and ogreed, by and between the Seller and Buyer, that if Buyer exercises the within option and closes on the purchase of the Property by December 30, 1990, Seller shall also convey to Buyer a utility easement over, under, and across that part of Seller's right -of -way, located in the City of Mound, which lies east of Commerce Boulevard. 15. INDEMNIFICA' `N OF SIRLI.BR. Buyer shall indemnify and hold harmless Seller against and from any and ail claims, including but not limited to, mechanic's liens, by or on behalf of any person or persons, firm or firms, corporation or corporations, arising from the conduct of or management Of or from any work or thing whatsoever done by Buyer, or Buyers officers, agents, employees, or contractors on or about the Property, or arising from any act of negligence of the Buyer or Buyer's officers, agents, employees, or contractors, on or about the Property, and from and against all costs, attorneys' fees, expenses, and liabilities incurred in or about any such claim or action or proceeding brought thereon; and irr case any action or proceeding is brought against Seller by reason of any such claim, Buyer, upon notice from Seller, hall resist and defend such action or proceeding. 16. SURVIVAL OF AGREEMENTS. The terms and conditions of this agreement shall not be merged into the deed delivered hereto, but shall, where applicable, survive the delivery of such decd from Seller to Buyer. 17. CLOSING COSTS. Seller shall pay for the state documenta-y or recording charges on the deed; Buyer shall pay for all other expenses of closing except that each party tihall pay for its 0,Yn attorney's fees. 18. NOTICE. Any and all notices, requests, Objections, or other corn municadons hereunder shall be deemed to have been duly liven if in we�t;,jg Al,d ;f t,d,lsiu;ttcd b I3d,JJ delivery with receipt thereof, or by registered or certified mail, return receipt requested, and first class postage prepaid, to Seller and to Buyer as follows, or to such other addresses or to the attention of such other persons as shall be supplied in like manner: To Seller: Mr. Elli M. A. Mills, President Dakota Rail, Inc. 25 Adarns Street North Hutchinson, Mn. 55350 with a copy to: • 3 02478 r " '. l Patrick J. McLaughlin, Esq. Oppenheimer, Wolff & Donnelly 3400 Plaza Vll Building 45 South Seventh Street Minneapolis, Mn. 55402 To Buyer: Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound; Mn. 55364 with a copy to: Curtis A. Pearson, Esq. Wurst, Pearson, Larson, Underwood & Mertz 1100 First Bank Place West Minneapolis, Mn. 55402 19. MISCELLANEOUS PROVISIONS a. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State or Minnesota. b. Entire Agreement. This Agreement and the Exhibits attached hereto contain the final and entire agreement between the parties with respect to the option to purchase, lease �:xtcnsion, and sale and purchase of the Property, and are intended to be an integration of all prior negotiations and understandings. Buyer, Seller, and its agents shall not be bound by any terms, conditions, statemcrits, warranties or representations, oral or written, not contained herein. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. No waiver of any of the provisions of this Agreement shall be valid unless the same is in writing and is signed by the party against which it is sought to be enforced. c. Time of Essence. Time is hereby made of the essence in this Agreement. d. Brokers. Each party represents and warrants to the other that such party is not involved with any real estate broker in this transaction. Each party further agrees to indemnify and Wd harmless the other pey from and against any and all claims or demands with respect to any broker's fees or agent's commissions or other compensation asserted by any person, firm or corporation, arising from the acts of the indemnifying pally in conjunction with this agreement or the transaction contemplated herein, E • • ;L67l LL `moo - Lh2 1 ; fiug 17,:U 15:[1 Nc.0 F.Vd is e. Acknowledgment. Buyer acknowledges that Seller is ar, operating railroad and intends to conduct rail operations on its right of way adjacent to use Property. Buyer will insure that its use of the Property will not interfere or obstruct �- 'Ier's use of its right of way for rail operations, nor will Buyer interfere with Seller's use of any of its right of way in the City of Mound for rail purposes. 20. ACCEPTANCE. This Agreement shall be null and void unless executed by all ~lies hereto and delivered by August 31, 1990. C • IN TESTIMONY WHF RI'OF, the parties have executed this agreement on the day and year first above written. WI T � NESSES: de , � I 4� SELLER Dakota 1, In , B y Its President BUYER City of Mound By Its Mayor By Its City Manager 5 6148,0 YPLUM TEL: 338 -2625 Aug 28.90 13:26 No.001 P.01 :T-t # // 0 LAW o►rIcce WUNST, PEARSON, LARSON, UNDERWOOD 61 MERTZ • PAM"605NIP Ir9►V61M6 0690y6.GkA6 A880CIA+1611@ 1100 PIPUT DANK PLACC WCST A, TMOMAs WUOft. PA. MINNEAPOLIS, MINNESOTA $5402 ULCO. Owc ? JMq A PcAOsow. PA 16n1 aa• 4100 %PAMta 0 LA1130w. P.A. TMOMA3 r. u1VOC11WOOD. PA /A; MUMS[.. CRAIG M. MLAT= 16111 330.1616 010694 J. I[LLOWS Date August 28, 1990 FACSIMILE TRANSMITTAL TO Mr. Ed Shukle, City Manager Company: City of Mound FROM: Curt Pearson • Total number of pages including transmittal sheet 3 If you do not receive all pages, please call 612/338 -4200. Ed, enclosed are two letters, one from Metropolitan Waste Control Commission and one from Mills' attorney, which accomplish the following: 1. The Sewer Board is willing to work with us to try to clear up their problem. 2. Wo don't have to execute the option until after we have had more time to study it and to hold our public hearing. C .A.P. acs i WPLUM TEL: 338 -2625 Aug 28.90 13:32 No.002 P.01 64-5z-)z Metropolitan Waste Control Commission Mears Work Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222.5423 August 27, 1990 Mr. Curt Pearson 1100 First Bank place West Minneapolis, MN 55402 Ret parking Lot Property in Mound, MN Dear Mr. Pearsont As we discussed on the phone, the Metropolitan Waste Control Commission, for a nominal amount would be interested in converting its permit for the sewer line and lift station on the parking lot property in downtown Mound into a recordable easement. Sincerely, r' �' eanne K. Mat s r 'Associate General Counsel JKM;am 0 at 9 ?Am WPLUM August 28, 1990 1100 First Bank Place West Minneapolis, MN 55402 TEL: 338 -2625 Aug 28.90 13:32 No.002 P.02 Pku Vq # 1l 43 $011h smith Vied C%iap Wk So (,Orlon Wr'WWb.W S$ 02 wnrrik (0 31 -"M NOM Yak TOO low ftm ?A012) A037 st h01 WuAl 0%0 C Curtis A. Pearson, Esq. Wurst, Pearson, Larson, Underwood i Mertz Re: Dakota Rail, zaa. Dear Curt: This letter confirms our telephone convarsation a few moments ago during Which I represented on behalf of Dakota Rail, Inc. that the deadline for acceptance of the Least Extension and option to Purchase Agreement conveyed to you by Dakota hail, Inc. under cover of August 24, 1990 has been extended from August 31, 19'* to September 14, 1990. To ease your concern over the marketability issue, I am enclosing d copy of an initial commitment for title ins•irance issued by Title Insurance Company of Minnesota and conveying a portion of the railroad property located in the City of Minnetonka Beach, AQnnepin County. Schedule B,' Items 3, G, 7 and 8 were deleted fro the commitment A� 91481nas T nns„me that a oox*LtA4t%k vas the option property would be as clear of exceptions, aside from utility and roadway easements. Furthermore, as I mentionsd, the insurance Kr*000 amium on the Minnetonka Beach property vas less than $3.00 per of the insured amount. Please call me if yot: have any further questions regarding the marketability issue. Thank you. Very truly yours, ` Eric B. Nilsson HN:tlm Enclosure cc: Mr. Elli K.A. Mills Patrick J. McLaughlin, Esq. 4 93 LJ • LA% (OIXES JOHNSON & WOOD PETER M )OH \'SON )OH\ M M000. At I'.ARI L PHLEGER MARRL \V 01G(lOM' 1R. C iCJR MASSIF JAMES U VENTLIL► MILLIsM R. KOENIG A\\ C iCHLu T CMR:S STEWART KKHARD 1 SCWJM M .% H GAVIGI)0 T30 EAST LAKE STREET +C VC. M'AYZATA. MINNESGTA SS391 EARLEJ %UMLLECKE IWUDI2.KJ \\1Nr TELEPHONE 161:) 6:5-ISIS TELECOPIER (612) 47S 0311 LL.a v -et , 71 Cu \\IE L GLRD\ER DX \ID) HEPILCK tins COMMERCE •(LLEVLRO URSER 2A. \D MR1tRlC0.\D MOLVD M144ESOT4 IsI.I TILE►1104E (612) 6 TELICI)►IER 1612) 4726107 RIA1 71, .11ZITA U0 AUG 2 4 1990 August 22, 1990 Edward J. Shukle, Jr. City Administrator City of Mound Mound, M:4 55364 Re: Downtown Parking Dear Mr. Shukle: Phyllis and William Johnson are supportive of the City's efforts to purchase the land currently owned by Dakota Rail north of the railroad tracks in Mound and east of Commerce Boulevard. In discussions with you and Curt Pearson on Monday, you explained that the approximate cost of land purchases would be $4.00 per square foot after factoring in adequate allowances for legal, bonding, appraisal, improvements, etc. At that cost on a per square footage basis, the Johnsons would be in favor of City purchase of all available parking area west of their existing Coast to Coast building. In support of that purchase, the Johnsons would agree to repurchase from the City at its cost -of -,acquisition the northerly 50 feet of that parcel, together with the easterly most 30 feet. There parcels would consist cf approximately 10,e40 square feet of property and the Johnsons would expect to pay approximately $43,000 for the property. The Johnsons would provide the City with access and egress easements serving the remainder of the land purchased from the railroad and would provide an access and egress easement to the Mueller /Lansing property which is situated north of the Coast to Coast building. Johnsons' repurchase of the railroad property would be conditioned upon their obtaining an adequate egress easement to Lynwood over the Mueller /Lansing parcel. Additionally, Phyllis and William Johnson will agree to purchase the property immediately south of their existing property. Said parcel would be approximately 39 feet wide and would be 317 feet in depth. The Johnsons are willing to pay $20,000 for that parcel on two conditions: $Itd'y Edward J. Shukle, Jr. August 22, 1990 Page 2 1. There are no City imposed conditions upon use (other than existing zoning) and no public use easements. 2. That central business district parking assessments recognize and accep* parking spaces upon the purchased parcel in the event the Johnsons improve the area for the purpose of parking, including pavement and striping. If it is possible to negotiate a "coordinated purchase" under which Johnsons purchase the above parcels directly from Dakota Rail and the City separately purchases its parcels, the Johnsons would have no objection to that procedure. The Johnsons feel strongly that their access to Commerce Boulevard should be established through a purchase of the fee interest in the real estate. Nevertheless, if the City determines that public policy requires that the purchased property - remain as public parkirg in perpetuity 'the Johnsons would support reasonable assessments of benefitted property owners. Tf you need or desire additional information with regard to the Joinsons' position on this ratter, please do not hesitate to cal', m:�. Very truly yours, JO S N & WOOD 1 Pet W. Johnson PWJ /jkp is acts PrcileRRlanal Pul SwAv ANp bellm s r.C! . 10010 cols Strenl Na, sU►►worcr. MN S,Son9 (812)771-9211 WIIUAM A. lCMWAS, CA -S, C.R.A. President JACK M. SMANL, GAPA /1 Senior SltNApp►siser PEMIE.D, INC. Sewhig Ail Arms of Appralwal Mcds August 28 1990 Edward J. Schukle, Jr. City Manager City of Mound 5341 Maywood Rd. Mound, MN. 55364 Re! Land Values, city of Mound, MN. Dear Mr. schukle, You requested that I prepare an appraisal of certain proper- ties in the City of Mound. Due to the limited time and not having received some of the material I needed until yester- day, I have not been able to complete the written report. X have, however, been able, to complete the valuation analysis of the affected property. There are three separate traots of land which I have valued. They are as follows: A. A parcel located west of Commerce Boulevard and south of and adjacent to the railroad tracks. This parcel is 24 feet wide and 260 feet deep, for a total size of 6,240 square, feet. Part of this parcel is encumbered by an existing sanitary sewer line. Due to the parcel size, limited use and the encumbrance, it is my opinion it has a market value of $6,240.00. B. A parcel located west of Belmont Lane, and between the railroad tracks and Shoreline Boulevard. Thin parcel is about 555 feet long with an average depth of 73.5 feet. It is 85 feet wide at the widest point and 62 feet wide at the narrow end. There is a sanitary sewer line run- ning the full length of thin parcel and about 17 fact north of the south property line. There is also a lift station on the east end of the parcel. The total parcel mempoorr. nl. 0? `8 ` AMERICAN ASSOCIATION or CCnTirIED ArrnmsERS NATIONAL ASSOCIA11ON 01 HMM APPRAISERS MINNr.9OTA COVCnNMENTAI MrrnAISERS INTFRNAIIONAI k1GH1 OF WAY ASSOCIATION AI.1EnICt.q rL ANNINC A["..00IATION SOCIETY OF PE AIL CSTATC ACP1A'SEnS • site is 40,660 square fast. It is my opinion this par - cal has a market value of $78,120.00. C. A parcel located east of Commerce Boulevard and north of and adjacent to the railroad tracks. This parcel has 133 feet of frontage on Commerce Boulevard and is 218 feet deep. The total wise of this parcel is 29 square feet. In the southwest corner of this parcel is an electronic control building, which I an assuming must remain. It is my opinion this parcel has a market value of $85,500.00. The totals of these three parcels are: Parcel ,g,IAB Eptima Market Value A 6 sq, ft. $ 6 1 240.00 B 40,660 sq. ft. S 78,120.00 C 29,300 aq, ft. 85.500.00 Total: 76,300 sq. ft. $169,860.00 Say: $170,000.00 In addition to these three parcels, there was the parcel south of the Coast -to -Coast store. This parcel has 12,363 square feet, This parcel, because of ite width and location, has a very limited use except it attached to the Johnson parcel, where it could be used in conjunotion with a possible expansion of the Coast -to -Coast building. As assemblage, this parcel has a market value of $18,500.00. I am currently working on completing the appraisal report, which will support the values arrived at for the three par- cels listed above. I will try to have the completed report to you next week. Xf additional documentation is needed for the parcel south of the Coast -to -Coast store, please let me know. Sincerely yours, William A, Schwab, CA -S, C.R.A. MN. License 14000585 PENFIELD INC. WAS /mk cc: Curt Pearson 268 7 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION August 13. 1990 C. Case No 90 - 927: Dennis Hildebrandt, 5229 Waterbury Road. Whloole. Lots 6. 7, 6_, Block 19, PiO 025- 117 -24 -21 0138. VARIA rear yard set back. Building Official. Jon Sutherland. reviewed the applicant's request for a 8.5 foot rear yard setback varlanLe. The applicant proposes to construct a garage addition consisting of 370 square feet onto the existing 484 square foot garage. therefore. creat- ing an accessory structure of 854 square feet. Zoning Ordinance Section 23.407(3) states. In residential districts. no acessory building shall exceed 840 square feet of floor area except by conditional use permit. Staff recommended approval of the variance of 8.5 feet to the required rear property line setback of 15 feet contingent upon the applicant submitting plans In conformance with the 840 square feet as required by Ordinance Section 23.407(3). The applicant. Dennis Hildebrandt. stat-d that he feels the square footage should be determined by L. � Interior useable space. Both the Building Official and City Planner agreed that the square footage Is measured from the footprint. Hildebrandt stated that he wishes to use the additional garage space for storage of his recreational vehicles. including a boat and snowmobiles. Thal was concerned about a hardship. He concluded that If the . applicant was requesting to build within 10 feet of the rear property line it would be easier to accept (if the rear was con- sidered a side yard, the setback requirement would be 10 fe!t). Jensen agreed. and commented that he has room to expand into the side yard. Jensen also commented on allowing variances for a minimum size structure, and the proposed structure is not mini- mum. MOTION made by Clapsaddle, seconded by Meyer, to recom- mend approval of staff recommendation. The applicant confirmed that he has an alternative plan which will conform to the 840 square feet by eliminating a 3' x 4' square. Jensen questioned why a variance situation should be created on an existing conforming structure when there are other alterna tives. Meyer commented on the fact that the applicant want to enclose his recreational vehicles, and the variances does not ap- pear to infringe on anyone or anything. MOTION FAILED 3 to 5 (those In favor were: Ciapsaddle, Meyer, and Mueller; those opposed were: Welland, Thal, Jensen, Smith and Michael). Thal, Jensen, Welland, and Smith commented that he would approve a garage to be built 10 feet from the rear yard, which is what the side yard setback would be. • This case will be reviewed by the City Council on August 28, 1990. Meyer commented on the fact that our ordinance does not allow for a standard three car garage, and feels the ordinance should be reviewed in the future. It was determined this would be dis- cussed later in the meeting. 44ill 11 ( "AIT "(ANR)l "ND DATE: Planning Commission Agenda of August 13. 1990 TO: Planning Commission, Applicant and Staff FROM: Jon Sutherland, Building Official CASE NO.: 90 -927 APPLICANT: Dennis Hildebrandt LOCATION: 5229 Waterbury Road LEGAL DESCRIPTION: Whipple, Lots 6, 7. & 8, Block 19. PID #25- 117 -24 -21 0138 SUBJECT: Rear Yard Setback Variance EXISTING ZONING: R -3 Single Family Residential BACKGROUND: The applicant is seeking a variance of 8.5 feet to the required rear yard setback of 15 feet in order to provide ad- ditional space on the existing garage. COMMENTS: The original proposal as submitted by the applicant to this office was in excess of the area allowed by Zoning Ordinance Section 23.407(3) that states, in residential districts, no ac- cessory building shall exceed 10 percent of the lot area, and in no case exceea 84 square fe et of floor area except by condi- tional use permit. The applicant was notified of this requirement, tie then revised and re- submitted another site plan. The total proposed garage floor area as I calculated is still in excess of 840 square feet. The ordinance allows 840 square feet for a typical single family accessory building. The applicant is in need of additional storage space for his personal property and recreation vehicles. The applicant's home is situated on a corner lot in such a manner that the propo- :1 addition imposes a practical difficulty in ob- taining the maximum allowat!e floor area of accessory building on his property. RECOMMENDATION: Staff reconfnends approval of the variance of 8.5 feet to the required rear property line setback of 15 feet con- tingent on the applicant submitting plans in conformance with the 840 square feet as required by Ordinance Section 23.407(3). I f the app I i cant does not w 1 sh to mod i f the tota I area to 840 square feet or less, then the applicant shall be required to ful- fill the requirement; foi a conditional use permit. The abutting neighbors hay been notified. This -ase will be referred to the City Council on August 28, 1990. 4617 JUL 2 6 i90 q 9T LI — y a o l r *CITY � -- OF MOUND PART 11 Case No. r Z Date F I I ed 1- io 0 Fee 150.00 VARIANCE APPLICATION PLANNING 3 ZONING COMMISSION (Please type or print the following information.) Address of Subject Property Sa2 WEM r ` i irT_(ZdJ__. Lot_ Block 9 Addition I AO) j; pole- PID No. QG 01e_ owner's Name T­ytnr - 6 5 :J� IMP ��,�� i C�� �v�t�{ Day Phone LA - % - 1 C7S I owner's Address -5 WP - T - burr Applicant's Name (if other than owner) Address Day Phone Existing Use of Property: � YYII U 1 JV:4 J 1 (1 a ? Zoning District' � Has an application ever been made for zoning, variance, co tional use �e permit, or other zoning procedure for this property? _s . If yes, list date(s) of application, action taken, and provide resolution number(s) (Copies of previous resoI tit ions must accompany this application.) I certify that al' of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and ac- curate. 1 consent to the entry in or upon the premises described in this applicatior 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. Applicant's Signature Date 2 FOR OFFICE USE ONLY: Planning Corr Assion Recommendation_ 0 Councir Action:_ Date Resolution No. _ Date C 4 ; 0{q1� `I -ZJ -q O -' U , At to VARIANCE APPLICATION Ao. 10 - 14ZO 0 1. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes (,A . No ( ). If no. specify each non - conforming use: 2. Do the existing structures comF y with all area, height, bulk, - ind setback regulations for the zoning district in which it Is located? Yes (✓), No ( ). If no, specify each non - conforming use: I 3. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) - - oography ( ) soil ( ) too small ( ) o,ainage ( ) sub- surface ( ) too shallow ( ) shape other: specify 0 4. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted? Yes ( ). Nc ( ✓). If yes, explain ? 5. Was the hardship created by any other man -made change, suct. as the relocation of a road? Yes ( ), No W. If yes, explain 7 r� At91 V 0 ARIANCE APPLICATION Case No. 6. Are the conditions of hardship for which you request a variance peculiar o n l y to the property described in t h i s petition? Yes (v`' . No ( ). If no, how many other prcperties are similarly affected? �O C >,Kf Y_hfl\ -C � C44 7. What is the "minimum" modification (variance) from the area, bulk, and setback regulations that will permit you to make reasonable use of yeir land? (Specify, using maps, site plans with dimensions and writ- ten explanation. s.7_r. r cc.,�.�s�res�l ►c r- seder 4p Slnel+�tr <hedl ��el�► arA o•r' \nJS 4: �Lec ruf4 4 , IQL- %.arvw epn,,_rnDu) remnoa iebl ,.o mpn-� ( rAte v"1 A. Will granting of the variance be materially detrimental to property in the n0 same zone, or to the enforcement of this ordinance? PART III J. SITE PLAN INFORMATION: All supporting documents such as sketch plans, attachments, etc., must be submitted in 8- 1 /2 "xil" size. if larger drawings are submitted, one must be 8- 1 /2 "xll ", and 15 larger size copies must be provided. For each requested zoning variance procedure, a site plan must be attached at a scale large enough for clarity show- ing the following information: 1. Location, area, and dimensions of existing and proposed: Mot(s), building(), driveways) /street access, off- street parking, and utilities. 2. Existing and proposed elevations. 3. Distance between: building and front, side and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. 4. Location of: signs, easements, underground utilities, etc. 5. Indicate "north" compass direction. • 6. Any additional ! nformation as may reasonably be re sired by the city staff and applicable sections of the Zoning Ordinance. 92 04 q ..o wA T E: R B_U R Y ROAD cE"TY OF NIOtjND c i� h b r s kt w +° . Pd ct I r '1 . \ � 1 qtr • .... /�' 4, ..? ' ... _ �y 1 46 9`t" 3,( cffu Az - !C 11 1' Pl/� ,U -- -� /Z A-I " � (.e -e.c5 d.o Q �Wc.adtce U-) Lo&,-,� jou uat.)-n G/Yl q4ojo 0r tin \7k6 �i� �i RS • f • Y s i I. i4 , DEUu ++ic�vesr,4 15OF-Y RP. - G I T y !�f C, Ty ; O N j '12 1. r r • a a 3 3. 2 2 . t _ 1 1j ( 1 16 1 18, 1 1 O, 2 21 [1 2 2t �S1 � i a t I - 1 T � \ o a \ � .borhood trial E=Iw s . 1. 13 1 I= e;_'� (:ITY (A NlOt','1) STAFF RECOMMENDATION DATE: Planning Commission Agenda of September 10, 1990 TO: Planning Commission, Applicant and Staff FROM: Jon Sutherland, Building Official CASE NO.: 90 -931 J APPLICANT: Tom & Stacy Hintz LOCATION: Address Unassigned (Boxwood Lane / Lynwood Blvd.) LEGAL Koehler's 2nd Addn., Lot 23 DESCRIPTION: PID #14- 117- -24 43 0005 SUBJECT: Variance: No Frontage on an Improved Right -of -Way ZONING: R -1 Single Family Residential BACKGROUND The applicant seeks a variance to grant a building permit on a lot without frontage on an improved street. There is a long history behind thiA and adjacent properties to obtain right -of -way for street and utility purposes to provide for orderly development of this site and the surrounding lots. Please note the following memorandum and resolutions included in this report: Memorandum May 10, 1971 Resolution No. 71 -50 Resolution No. 75 -269 Resolution No. 77 -494 C OMMENTS There have been attempts to oLtain easements in the past over lots 24, 25 & 26 that have not materialized. City staff generally approves the applicants proposal with certain modifica- tions as noted by City Engineer, John Cameron, Street Superinten- dent, Geno Hoff, and Sewer & Water Superintendent, dreg Skinner. If the sewer and water service is to remain private, approval must be obtained by the City's Plumbing Inspector, John Breitner. �-` 77 • Staff Recoi mendat i on Case No. 90 -931 Page 2 RECOMMENDATION Staff recommends approval of the variance :_.) grant a building permit on a lot without 1 7 rontage on an imp ,ved street w i t h the site plan being revised to be in conformance with the City Engineer's report and the City's Street, Sewer & Water Department reconmendatIons. NOTE This case will be heard by the City Council on September 12, 1990. The abutting neighbors have been notified. • • A491 F 1 Mc Combs Frank Roos Associates, Inc. / -- — 15050 23rr; A,enue Nurih, Plymouth Minnesota 55447 Telephone Engineers 612 476 -6010 Planners 612 476 -8532 FAX Suryeyors September 4, 1990 Mr. Jon Sutherland Planning and Zoning City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUB ?ECT: City of Mound, Minnesota Variance Application Case No. 90 -931 MFRA 1!4909 Dear Jon: As requested, we have reviewed the above referenced variance application and have the following comments and recommendations: Back The more recent history on this lot and adjacent propertie3 dates back to 1979 when a Preliminary Engineering Report was prepared on the extension of Chestnut Road. A copy of said report is enclosed for your review. Evidently, plans and specifications for the project were ordered by the City, because they were included with the bidding plans for the 1979 Street Improvement Project. The project was never completed, because the necessary easements could not be obtained from the property owners. Enclosed are copies of these final plans. In 1985 the project was again brought up by Mr. Danger, who, at that time, owned Lot 24. Enclosed is a letter .rom our office to the City, with revised cost estimates and sketches of the proposed street extension. Again, the project did not get off the ground. In February 1990 I started receiving calls again from a number of people and, soon afterward, found out that Lot 23 was up for auction on February 20, 1990 The present owners and the applicants for the subject variance. purchased the property at that auction. I have also had a number of discussions, dating back to 1988 with Mr. Marc Mulvey, the present owner of Lot 24. Comments • E I would still like to see this property developed, with the access and utilities from an extension of Chestnut Road. However, because of the past history and the same problems, such as lack of easements and cooperation of adjacent property owners, existing today, I do not see how this is possible. It, appears the only logical way for this property to be served with utilities attd access is by way of Boxwood Lane, as the applicants have suggested. 2 tl,l1 r l ,,,�r,,�l [ Mr. Jon Sutherland September 4, 1990 Page Two Outside of Lot 24 and possibly Lots 27 and 28, the remainder of the property in this area is unbuildable because of the large wetlands. This is probably why the City of Mound owns Lots 29, 30 and 31 south of Lot 23, and also parcels 18 and 19 east of Boxwood Lane. Enclosed are aerial photos with the plat map overlaid, which gives a very good view of the area. I have reviewed the proposed water and sewer services with Greg Skinner of Public Works and both of us have a number of concerns. First of all, if the sewer service is installed with e. cleanout and only a wye at the main, the City would not be responsible for any maintenance. For this line to become City -owned and maintained, there must be a manhole built over the existing main on Lynwood and also where the clean-out is shown on the survey. The situation with the water would be pretty much the same, whereas it would need to be a 6" DIP if the City is to maintain it or 1 -112" copper if the line is to be private. If the two lines are to be installed as close to each other as shown on the survey, certain requirements of the State Health Department must be met. Greg and myself would like to see at least the sanitary sewer installed to City standards, but if the applicant insists on a private service, that would be acceptable. The driveway would also be acceptable if approved by the Fire Department, which I do not think will happen, unless some type of turnaround is provided. They may also want an all- weather surface, such as blacktop. Recommendations We are recommending approval of the variance request, subject to the following conditions: 1. Fire Department approval of the driveway; 2. Utility construction permit approval from Hennepin County; 3. Approval by Mound Public Works for private utility services; 4. No further subdivision of property, unless public access and utilities are extended from Chestnut Road. I£ you have any questions or need additional information, please contact US. Very truly yours, � FRANK ROOS ASSOCIATES, INC. John Cameron JC:jmj Enclosures � 700 11\ . C I T Y of MOUND h:,i`, ' '.NEyOTA ' S 3t;4 September 5, 1990 TO: Jon Sutherland Building Official FROM: Greg Skinner Water & Sewer Supt. SUBJECT: Boxwood Lane Variance We are recommending the approval of the variance request, subject to the following conditions: 0 1. Sanitary sewer installed according to City Standards. a. Install manhole on Lynwood Blvd. over existing main. b. Install manhole at northeast corner of lot. 2. Install 6" DIP with hydrant at the northeast corner. 3. Replace existing gravel driveway with a minir�um of 2�" of blacktop. • X70 0 5 1990 C] • • ,a A1.1da'"i AM Box 37, Mound, Minnesota 55364 September 5, 1990 TO: John Sutherlund, City Inspec or FROM: Don Bryce, Fire Chief RE: Case # 90 -931, Applicant Tom & Stacy Hintz In regards to the variance of Kohler 2nd Addition, Lot 23. Fir- protection on Boxwood Lane is adequate for access to the house. If any questions, please feel free to contact me. Ago s VILLACE OF MOOD Mound, Minnesota NOTE: Th City of Mound May 10, 1971 currently owns Lots 29, 30 & 31. (9/90) COUNCIL MEMORANDUM NO. 71 -11? TO: The Honorable Mayor and Village Counci: FRQ14: The Village Ma,iager SUBJECT: Sewer d Water extension chestnut Lane Lot 24 Koehler's 2nd Add. to Mound Mr. Duane Norberg has requested inforriation as to procedures for build- ing on Lot 24 Koehler's 2nd Addition to Mound. 1. Engineer Mill:, was requested to make suggestions. A copy of his suggestions are attached. 2. A copy of the "As Builts" show a stub to this lot for the sewer. 3. There is no street in front of the lot. 4. Water stops at the end of the street although Lot 25 has water. --1 5e Lots 25- 26- 27- 28- 29 -30 -31 have sewer availj�l alon.; the rail- road and were so assessed. 6. Lot 24 was assessed for sewer (not water). .,,e owner appealed the assessment (see copy of appeal attached) and his appeal was approved by the Council so it has not paid an assessment. 7. Future plans for water call for water co go from the end of Shady Lane across to Langdo-i Place. All the right of way has been acquired except from Lots 24, 2N 25. 8. Lots 30, 31 and 32 are tax forfeit. '!lie following is recommended for water, sewer and streeeifor Lot 24. 1. Sewer be furnished as original'.y planned and Lot 24 assume the original assessment. 2. Lot 24 dedicpt.e 25 feet for extension of Chestnut La ne. Inasmuch as not interest has been charged on sewer assessment the land for street should be given the Village. 3. Water - Lot 24, at their own expense, extend the water main to the easterly edge of Lot 24. If Lots 25 and 26 have not in the past paia a water assessment then the Village could assess th:s extension. (Lots 25 and 26 should also dedicate 2 feet of right of way) ;L703 C(JUNCIL MEMORANDUM NO. 71 -112 Page 2 4. After the Utilities are installed Lot 24 should improve the road by the installation of 4 inches of pit run gravel which should be compacted and then cover the pitrun with two linch lifts of c? -- 5 gravel prior to the Village maintaining the road. 5. Although the water main si.ould be looped to Langdon Place it is:not recommended this be done at this time. Respectfully submitted, Leonard L. Kopp 0 Retyped 6 -20/75 0 avoy 71 -50 2 : RESOLUTION N0. 71 -50 "''• RESOLUTICN AUTHORIZING AND DIRECTING APPLIC'A :; ti ; FOR CONVEYANCE FROM THE STATE OF CERTAIN LAi; Nly 34 feet of Lot 30 Koehler's 2nd NlY 34 feet of Lot 31, Koehler's 2nd Part of Lot 31, Koehler's 2nd Described) WHEREAS, Lots 30,31, 32, Koehlerls Second Addition to Mound are tax forfeit, and WE1 MS, in order to provide for the eventual widening of Chestnut Lane and for. the looping of the watermain it appears ir, the best interest of the Village to obtain additional right- of-way of` said street and land for utility purposes,. NOWP TARE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MOUND, XIYAESOTAs That the Mayor and Manager be, and hereby are, autnc:rized and -" direoted to asks application to'-the State of Minnes.)ya for conveyance for street purpose and utility requireme 4 - the followings (a) The Northerly 34 feet of Lot 30, Koehler'e Semi Addition to Moundl (b) The Northerly A feet of Lct 31, Koehler's Second Addition to Moundl and •:(o) That part of Lot 32, Koehler's 2nd Addition to Mound, Panel- 8020 described as, follows: Com at the BE cor Lot'23 Koehler'a 2nd Addn. th NEly along the Sly line ed Lot 23.extended to the pt of intersection with the W line of Lot 32 Koehler's 2nd Addn - such pt being the actual pt of beg. th NEly along the Sly line of Lot 23 to a pt in the E Line Lot 32 to a pt which is 7} it N of'the SW cor Lot 10 Mack's Addn, th S along the E line Lc* 32 Koehler'- 2nd Addn 15 ft, th SWly along a line par wi r'. ~ the NEly decor line 95 ft, ch S 35 ft, th S'W4 to a Pt in the W line of Lot 32 to a pt which is 50 ft S of the actual pt of beg, th h to Beg. is • Adopted by the Council this 9th day'of February, 1971. a p,.,,, -}� -c UT 5 _ ` e4 C � 5&n �J�.1 7 -8 -75 • RESOLUTION NO. 75 - RESOLUTION AUTHORIZING WATER AND SEWER SERVICE TO LOT 24, KOEHLER'S 2ND ADDITION TO MOUND, AND PROVIDING FOR ROAD RIGHT-OF-WAY WHEREAS, Lot 24, Koehler's 2nd Addition to Mound has neither water nor sewer service and does have a road right-of-way past the property, and WHEREAS, the owner wishes to build on the property, NOW, MM17ORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINYESOTA: That the owner of Lot 24 be allowed to build providing the following stipulations are met: -•� 1. A 25 -foot right -of -stay for street and utility purposes be dedicated to the City of Mound. The right- cf-iay to be the Southerly 25 feet of Lot 24. 2. Lot 24 pa a sewer lateral assess of $728.58 and be allowed to connect at service from Manhole A. -19. (An asc(-ssment of $63 .04 is to be made for the sp-v ice if it exists.) 3. Lot 24 will be allowed to connect to the watermain at the end of Chestnut Road providing they install their own service, pay all connection charges and an addi- tional $4.00 per front foot. If the water - main is extended easterly along Chestnut Road at any future date, this property shall be subject to a special assessment under the formula used to assess that project less a credit for the $4.00 per foot previously paid. 0 Adopted by the council this 8th day of July, 1975. x ?o6 77 -494 1C -25 -77 RESOLUTION NO. 77 -494 RESOLUTION AUTHORIZING RELEASE OF PARCELS 6810, 7010, 74 - 10, 7415 and 8040 OF PLAT 61670, KOEHLER'. SECOND ADDITION FOR PUBLIC SALE WHEREAS, it would be advantageous to the City of Mound to release certain tax forfeit land in Koehler's Second Addition for sale, WHEREAS, this land was originally withheld from sale for Park use and the southerly part of Lot 32 will be retained for Park, NOMQ, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That the City Council hereby authorizes and directs that the County Land Department be notified that the following described land be released for public sale; Lot 27 except the northerly 30 feet Plat 61670 Parcel 6810 Lot 28 except the northerly 30 feet Plat 61670 Parcel 7010 Lot 29 except the northerly 30 feet Plat 61670 Parcel 7210 Lets 30 and 31 except the northerly 34 feet Plat 61670 Parcel 7415 That part of Lot 32 commencing at the intersection of the west•line of Lot 32 with the northeasterly extension of the southeasterly line of Lot 23 thence north- easterly along said extension of the east line of Lot 32 thence north to a point 210 feet south from northeast corner thereof thence west 98 feet thence north 55 feet, thence west 82 4/10 feet to west line thereof then.. ^.e south to beginning; Koehler's Second Addition Plat 51670 Parcel 8040 Adopted by the City Council this 25th day of October. 1977. r'V 611.107 CC : J�joe � ya V arm((m &ITY OF MOUND PART 11 U 14 1 41990 3305 CITY OF MOUND Case No. Date F i l e d _ ' Fee _- X50.0 VARIANCE APPLICATION PLANNING s ZONING COMMISSION (Please type or print the following information.) Address of Subject Property UU � , ( / S oXUJ� L � i`� Lot Block _ Addition tic.�CXn PID No. .]'?� 4 Owner's Name /// , u T�z- Day Phone --Sr� �77� Owner's Address /y!?3 .44 tLI Ae Applicant's Name (If other than owner) Address Day Phone - E x i s t i n g g Use of Property:_ //,2 Ed,u Zoning District -/ .. Has an application ever been made for zoning,' variance, conditional use permit, or other zon +ng procedure for this property? yes o.? If yes . list date(s) of application. action taken, and provide resolut on number(s) (Copies of previous resolution3 must Accompany this application.) 1 certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and ac- curate. i consent to the entry in or upon the premises described in this application by any au + official k,f the City of Mound for the purpose of inspecting, or of ing, maintaining and removing such notices as may be required by law. App licant's Signature �u ' - � �"`� Date_ FOR OFFICE USE ONLY: P l a n n i n g Commission Recommendation__ 0 Counc i I Act i on: R e s o l u t i o n –._ — -- -- -- Da - - - -- -- -- � ?ag VARIANCE APPLICATION Case Na. _ 1. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes No ( ). If no, specify each non- conforming use: 2. Do the existing structures comply with all at a, height, bulk, and setback regulations for the zoning district In which It Is located? Yes (v): No ( ). If no, specify each non - conforming use: 3. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) drainage ( ) sub- surface . ( l ) ttoo� shallow / n ( ) shape (L.-1 other :: specify 4. Was the hardship described above created by the action of anyone having property Interests in the land after the zoning ordinance wa° adopted? Yes ( ). No ( If yes, explain 5. Was the hardship created by any other man -made change, such as the relocation of a road? Yes ( ) , No (►1 If yes, explain ___ • Z'to9 O ARIANCE APPLICATION Case No. CIO L 6. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (✓): No ( ). If no. how many other properties are similarly affected? 7. What is the "minimum" modification (variance) from the area, bulk, and setback regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and writ- ten explanation. & /v � 4 DF / n1 /SS. PN is �i �i'�i e• S_�_SlLclf -/ �� ��, � d7'1rin.. C.� �� �� G� l�� � �D x !c 2'M 8. Will granting of the variance be materially detr!mental to property In the same zone, or to the enforcement of this ordinance? 0 vn PART IiI J. S iTE PLAN INFORMATION• All supporting documents such as sketch plans, attachments, etc., must be submitted in 8 -1/2 ° x11 ^ size. if larger drawings are sub one must be 8 - 1 /2"x11". and 15 '9 rger size copies must be provided. For each requested zoning variance procedure, a site plan must be attached at a scale large enough for clarity show- ing the following information: I. Location, area, and dimensions of existing and proposed: (Lot(s), building(s). driveway(s) /street access, off- street parking, and utilities. 2. Existing and proposed elevatic•s. 3. Distance between: building and front, side and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. 4. Location of: signs, easeloents, underground utilities, etr.. 5. IndlcatP "north" compass direction. 6. Any additional information as may reasonably be requi;•ed by the city staff and applicable sections of the Zoning Ordinance. A7 /to 0 Al 11 I /6 survey ror TOM a stair Nlltrl DESCRIPTION: Lot 17, ROENIfR'S SECOND ADDITION !0 MOUND N! hereby Cartlly that thlS IS t true and correct rtprttent at inn of a Surrey l o/ the boundaries nl tM land store described anA of the IOCatlnn of all I ?s Dui ldings. II ant, thereon and all risible tnc roach ■ones, 1/ ant, Iro• or on told land. Doted this lath day of August. 1990. I 4 CARLSON G CARLSON. INC. NA NO SURVEYORS r �I M Dy L 1 tarry R. Couture. tend Surveyor I�•j I '— Minnesota llctnte N ^. - Eli NOTES: '•� N Denotes Pound Iron 0 D_n0tet Iron set by us. Circled elevations art Proposed, others ore a litlnq Armes denote direction of OrUnaq• I \ FYI era L , I f T • „ dlorr fir.— iri= ft- h , = , _ 111 1 .. rise teat N Q Scale: �. � 1'•70' Proposed Grades: Too of Blocks 9Gt.S floor .911.0 I S&rage " '141erent floor 919.1 a .Yv N�.Aa•er A si I qwAm G3 ! CO Rd Nn. t5) " r +Z . I��+il -1) I' ADDRESS: a . 21 APPL ICANT: W i u�'z �'o �• STACY i� I N Oj 51 4 L � , z •, -Lt "— OZ � h 2 � C' » c• poi \ �jl L� r ZONING REQUIREMENTS '% 13'Q ' I��+il -1) I' ADDRESS: 9 ) APPL ICANT: W i u�'z �'o �• STACY 2 LOT-. Z3 BLK• : --:!_ADDN : k0e f }eRsj Z4 Y ��s -Lt "— OZ ZONE: REQUIRED LOT AREAS N ' / ` 4 � EXISTING LOT AREA: l REQUIRED RED SETBACKS •, FRONT: 30 Sal n 1 •tir l��\'\?7 • `� SIDE r , ' "•� 1 Tt - 1 , M,11Is SIDE: N REAR: 15 feet W Mr LAKESHORE: 50 feet r ZA f` X ISTI N a P SE T A K i FRONT: Sox w OUc) LN /&swoop f) 1 t zone: SIDEz ; SIDE: , , 1 1 REAR z , LAKESHORE: Q L AK E DATE s _i MINUTES OF A MEETING OF THE • MOUND ADVISORY PLANNING COMMISSION September 10, 1990 a. Case No. 90 -931: _ Tom 8 Sta Hintz (Boxwood Lane / Lynwood B lvd. ) _Lot 23 Koehler's 2nd A ddn., PI #14- 117 -24 43 0005. VA RIANCE: No Frontage on an Im prove d Right -of -Way City Planner, Mark Koegler, reviewed the Building Officials recommendation for this variance request. The applicants are requesting a variance to allow construction of a single family dwelling on a parcel which does not have frontage on an improved right -of -way. The Building Official recommended approval of the variance to grant a bu ?lding permit on a lot without frontage on an improved street with the site plan being revised to be in conformance with the City Engineer's report and the City's Street, Sewer and Water Department recommendations. The City Engineer's recommendation stated that he would still like to see this property developed with the access and utilities from an extension of Chestnut Road. However, due to lack of easements and cooperation of adjacent property owners, this is not possible. It appears the only logical way for this property to be served with utilities and access is by way of Boxwood Lane. The City Engineer recommended approval of the variance as requested, upon the following conditions: 1. Fire Department approval of the driveway; 2. Utility construction permit approval from Hennepin County; 3. Approval by Mound Public Works for private utility services; 4. No further subdivision of property, unless public access and utilities -• extended from Chestnut Road. Greg Skinner, Water and Sewer Superintendent, recommended ap- proval of the variance request, subject the following conditions: 1. Sanitary sewer installed according to City Standards: i3. In3taiI m�jnhoIe on Lynwood Blvd. over existing main. b. Inst3li manhole at northeast corner of l I f)-,l -j 11 6" D I P w i t t, hydrant at the northeast. corner. 0 3. Per) 1 ,jce ex. i -;t i ng (grave I dr i veway w i th a m i n i mum of 2- 1 12" of h' ar -ktop. • • Case No. 90 -931 Page 2 The Commission discussed the Fire Chief's statement: "Fire protection on Boxwood Lane is adequate for access to the house." Some Commissioners interpreted this as meaning that there is not adequate access for a fire trUCK, however, fire fighters can get to the house since there is less than 300 feet to a fire hydrant. Other Commissioners interpreted it as meaning that the fire truck can access the property via Boxwc =)d. Mueller questioned, if Boxwood Lane is blacktopped, who will maintain, and who will pay for impro Koegler informed the commission that if the street was +j oved, the abutting property owne s would be assessed for the improvement. The applicants commented that they do not wish f• the road to be blacktopped, they do not want to create a bi .den for the other property owners. John Olson, an abutting property owner to Boxwood feels the street is too narrow. Mr. Olson also stated that tie was told by the City in 1975 that Boxwood could not be improved, and the plan then • .ias to improve Chestnut Road for access. The installation of sewer and water :3s discussed. Stacy and Tom Hintz, applicants, confirmed that ti,cy have no intentions of sub- dividing the property. A private sewer and water line versus a City maintained sewer and water line with an improved street was discussed. MOTION mach by Smith, seconded by Clapsaddle to approve stE � recommendation. Note: we do not feel that using the information supplied, we are qualified to make a decision. Mueller and Jensen commented that they feel that using Boxwood for this property's access and utilities is short -term planning, and using Chestnut road for access and utilities is long -term planning. MOTION WITHDRAWN by Smith and Clapsaddle. MOTION made by Thal, seconded by Smith to pass this variance request onto the City Council without a recom- mendation. Note: approval of this request would be a short. -term solution to a long -term Situation. MOTION W :THDRAWN by Thal and Smith. The City Engineer, John Cameron, arrived, id therefore, the dis- cussion of this case was put on hold. The Commission ac;reed to hear the other cases on the agenda before returning to this case. Discussion on case 90 -931 continued. Case No. 90 -S31 Is Page 3 The City Engineer, John Cameron, confirmed that if a private utility service was installed, and ttie street was not improved, it would be the applicant's responsibility to maintain the utilities. An agreement may need to be drafted to ensure that the responsibility remains that of the property owner, not the City. Cameron also confirmed that for one single family dwell- ing, a private service would be adequate. Thal questioned the curve radius of the driveway entrance into Lot 23, it appears to be too sharp, about a 90 degree angle. The applicant confirmed they already planned on changing the entrance to lessen the sharp angle. MOTION made by Mueller, seconded by Weiland, to deny the variance request for no frontage on an Improved public right -of -way, reason being: this is a short -term solu- tion to a long -term problem. Motion failed 4 - 5 (those in favor were: Mueller, Weiland, Jensen, and Michael; those opposed were: Clapsaddle, Thal, Meyer, Voss, and Smith). MOTION made by Thal, seconded by Smith to approve the is City Engineer's recommendation including conditions 1 thru 4. Motion carried 6 - 3 (those in favor were: Clapsaddle, Thal, Meyer, Michael, Voss and Smith; those opposed ware: Mueller, Weiland and Jensen). Mueller, Weiland, and Clapsaddle commented that they feel this is not a solutio,i, tit just a band -aid. Chester Road should be ex- tended to eliminate future variances, even if it means condemna- tion. 1 This case will be heard by the City Council on September 12, 1990. • ' \ ` i . � IV cr | \ ' 0 teaber. 12th, 1990 Case No. 90 -931 F .1 'tacy Hintz , on: Toa and To: The City of Mound Subject: Varience: No Frontage on an Ibproved Right-of-Way In the liqht of recent developments duriiiq the September 10th ■eetinq of the City Planninq commission, I feel it is important for as to clarify some issues with regard to the varience request. Mist members I an sure are familiar with the case, but a summary in ay perspective may be useful. I hope the members of the City Counsel will viaw this as constructive as I intend it. I as reouPstinq a variance to permit construction of a single family hose on lot k5 of Koehler's Second Edition in Mound. The variance is required because the lot does not currently front on an improved riqht of way. At present, access to the property is available only from a small public access called Boxwood Lane. wood Lane is the only access to PIDs #E14- 117 -24 -43 -0005, 19, 8, 9, 10, V 12 (lots 23, 32, 26, 27, 28, 29). Less than City n:.andard access is ailable to PIDs 06 and 7. The other properties in the area affected are wetlands and are not generally considered buildable. As the pity engineer has indicated, the area has a lonq history of access problems Because the preferred Chesnut Road was never coepleted accordinq to City plans. No easements are available across PIDs #F6, 7, an9 S. Therefore I have proposed access from Boxwood Lane. Public works indicates that -ucia access for utilities aunt be public, and therefore must meet C1ty specifications, even if only a single home on PID /5 is serviced. If PID #5 is considered the sole beneficiary of the Frolic services, it would appear that improvement of that property is not practical. PIDs #2, 5, 16, end 19 would all benefit in varyinq degrees from the proposed improvements to Boxwood and appropriate assessments would take the project more feasible, although it may still b-o questionable. • Case No, 90 -931 Paqe 2 i s However, providinq the 'dentical services from Chesnut is the aesired as stated universally by members of the City with whom I have spoken. Clearly the Chesnut access is the only lonq term solution for most of affected properties. A plan initiated by the City for the completion Chesnut would be bath fairest to all parties, and in keepinq with the City's sated objectiv +s for improvement of Mound durinq the 1990s. I would support such a p,an. option the of To summarize, the only option available to enable the impr( of PID #5, as afforded to other properties in Koehler's Second Editio- :�c the improvement of Boxwood Lane. Failure to achieve this Baal within our F. ,c {:cal means will force us to rely on the City of Mound to achieve its vision for the improvement of Chesnut Road. If none of these opportunities manifest, then it is inevitable that the potential of all the affected properties will not be realized, and the cycle of tax forfitures and auctions will ultimately continue in the area. I as hopeful that I will be allowed to proceed with plans for improvement of PID #F5 in some form, arv, I look forwara `) work±nq closer with the members of the City of Mound. Reqards, O m aLd Stacy Hintz 40 I )1 T nN• 1 l 1• • 1 . .. i t • • • • 1 t 1 � I 1 • �. �.l t ARLSON INC. ARLSON CITY OF MOUND 472 -1155 QUASI PUBLIC FUNCTION PORTABLE SIGN APPLICATION Portable signs used for the purpose of directing the public used In conJunction with a governmental unit or quasi - public function. The period of use shall not exceed ten (10) consecutive days and requires approval of the City Council. Signs shall be placed on the premises of the advertlsed event. A permit is required, however Is exempt from all fees. ADDRESS OF S I GN LOCAY I ON tb rU (,� Tj [ e, BUILDING OWNER ak aI n ark rCL�GQ _ PHONE NAME OF APPLICANT J ' PHONE (if other than owner APPLICANT'S ADDRESS C �yig-, ( , ""N , & wer -VA PLEASE INDICATE NUMBER OF SIGNS APPLYING FOR: DESCRIBE TYPE OF SIGN (materials, is it illuminated. etc.): _ SIZE OF SIGN REQUESTED: _ high ' x _ wide a sq. ft. LENGTH OF TIME TO BE ERECTED DESCRIBE REASON FOR REQUEST: C • {�,VI V� J"at f Applicant's Signature M8t of Recommendation: APPROVED BY CITY COUNCIL ON: �J A7Iy �® AAcCombs Frank Roos Associates, Inc. Q 15050 23rd Avenue North, Plymouth, Minnesota 55447 Telephone Engineers a 612/476 -6010 Planners 612476 -8532 FAX Surveyors September 6, 1990 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota Addendum #1 to Preliminary Engineering Report Water System Improvements, 1990 Update MFRA #9316 Dear Mayor and Council Membe ^s: As requested, we are submitting this letter as an addendum to the Preliminary Engineering Report for Water System Improvements, 1990 Update, dated June, 1990 This addendum is written to address the method and cost of softening the water from the existing water supply wells. The present water supply hes a hardness of 370 parts per million (21.6 grains) to 450 parts per million (26.3 grains). Water which is softened usually has a hardness of 50 to 140 parts per million (2.9 - 5.8 grains). Softening water to these levels reduces the amount of soap required, improves the preparation and cooking of foods, reduces the scale in hot water heaters, and makes the water desirable for other domestic uses. Two ways thaF water can be softened is by ion exchange (similar to residential softening units) and treatment by a lime -soda process. Ion exchange removes the hardness in the water by replacing calcium and magnesium with sodium which can be a health problEu with some individuals. We, therefore, investigated the lime -soda process as a method to remove the hardness from the City of Mound's water supply. The lime -soda process uses chemicals such as lime and soda -ash which when added to the water causes the calcium, magnesium, iron and manganese to settle out of the water. These minerals cause the water to be hard and their removal softens the water. A lime -soda plant would include aerators, chemicals mixers, flocculators, clarifiers, rapid sand filters, chlorination and other chemical : a clear -well and and high lift pumps. This treatment system would be sized to treat 1500 gallons of water per minute and would cost approximately $3,235, (see attached cost estimate). There would be annual costs connected with this, including the cost of power, chemicals and disposal of sludge produced by the treatment systems. The total annual cost is not included, as it is beyond the scope of this report. A, I r ki EQuel OPtx>rtur-ty Fm;il ^ytf Honorable Mayor and Members of the City Council September 6, 1990 Pdge Two If you have further questions concerning this treatment process, we will be pleased to discuss this further with you at your convenience. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. i?mmy &d & t j Ro dney Co n, P.E. John Cameron RG /JC:fmj Enclosures • A71L CITY OF MOUND WATER SUPPLY SYSTEM REPORT Preliminary Cost Estimate Water Treatment Plant (Addendum No. 1) Equipment for 1500 GPM Lime -Soda Water Softening "lant. (Includes Solids Contact Clarifier, Rapid Sand Filters, Aerators, Lime Slaker, Soda Ash Feeder, Chlorine Feeder, Carbon Diuxide Feeder, Polymer Feeder, Potassium Permangenate Feed System, Alum Feed System and Bulk Storage for Carbon Dioxide and Lime.) S 500.000.00 Pumps - 3 -1000 GPM 45,000.00 Sitework 12,000.00 Electrical 150,000.00 Mechanical (includes piping and labor to install equipment.) 500,000.00 Building (includes structures for equipment and 100,000 gallon clearwell.) 1,200,000.00 SUBTOTAL S 2,407,000.00 Contingencies ( 10X) 241,000.00 SUBTOTAL $ 2,648,COO.00 Administrative, Technical, Legal (15X) 397.CbO•Orj SUBTOTAL S 3,045,000.00 Well and Piping 190,000.00 TOTAL $ 3,235.000.00 • 077/7 0 Mc Frank Roos Associates, Inc. St Cloud Engineering 6 Envrroscience, Inc Engineers Planners Surveyors Preliminary Engineering Report for • Water System Improvements 1990 Update for The City of Mound, Minnesota June, 1990 • 15050 23rd Avenue North. Plymouth, Minnesota 55447, Telephone 612/476 -6010 McCombs Frank Roos Associates, Inc. 0 15050 23rd Avenge North. Plymouth. Minnesota 55447 Telephone Engineers 612/476 -6010 Planners 612/476 -6532 FAX Surveyors June 19, 1990 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Water Treatment and Distribution System MFRA #9316 Dear Mayor and Council Members: As requested. we are submitting herewith a Preliminary Engineerir.. ?- ,ort for Water Treatment and Water Distribution System Improvements. If you have any questions or require additional information regar- J.. sny information contained in this report. we will be pleased to discuss tl. +s further with you at your convenience. Very truly yours. McCOMBS FRANK ROOS ASSOCIATES, INC. /Wft7' Rodney Gordon John Cameron RG /JC:jmj Enclosures LJ 0z 7/7 An Equal r • PRELIMINARY ENGINEERING REPORT For Water System Improvements 1990 Update Mound, Minnesota June. 1990 0 • V;20 0 SECTION l - INTRODU 0 The City of Mound owns and operates a municipal water system consisting of four groundwater wells, two elevated water storage tanks, one water storage stand pipe. and a distribution system which provides water to its customers. The present service area has an approximate population of 9.700 people which is slightly higher than it was when the previous water system report was written in 1982. This report has been authorized by the Mound City Council and it will include preliminary design and cost for a municipal water treatment plant to remove iron and mangar.ase. It is also the intent of this report to investigate the present water distribution system and discuss any deficiencies in that system along with any recommended improvements to upgrade it when necessary. • • X72I - 1 - 0 SECTION II - EXISTING SYSTEM A. General 0 B. �1 U The City of Mound obtains its water supply from several wells within the City limits located as shown in the accompanying map. The wells presently in use are identified as No.'s 1. 3. 6 and 7. As part of tt..; municipal water system. the City operates and maintains approximately 50 miles of distribution mains ranging from 2" to 10" in size, a 75.000 gallon elevated tank on Chateau Lane between Shoreline Drive and Bayport Road. a 300.000 gallon water tank located on Evergreen Road between Westedge Boulevard and Rosewood Lane, and a 250.000 gallon stand pipe in the Island Park area at Drive and Devon Lane. Groundwater Wells Well No. 1 is located on Auditor's Road and Marion Street. this well was constructed in 1934 and is cased with a 10" pipe from the ground service to a depth of 265'. The well is screened with 8' of 10" diameter - No. 100 slot wire wound screen. This well is being pumped at 300 gallons per minute. Well No. 3 is located adjacent to the elevated water storage tank on Chateau Lane between Shoreline Boulevard and Bayport Road. This well was drilled in 1947 to a depth of 317' into the Jordan Sandstone. This well is presently being pumped at 450 to 500 gallons per minute. Well No.'s 4 and 5 are not in service and both have been a• -)andoned. R 72, - 2 - Well No. 6 was drilled in 1976 and put into operation in early 1977. This well is 175' deep and is furnished with a 24" casing from the surface to a depth of ?5' and a 20" casing to a depth of 141'. A nominal 16" stainless steel screen is furnished from 141' to 174'. This well is presently being pumped at 550 gallons per minute. Well No. 7 was drillei in 1977 and its location is just off of County Highway 110 on Three Points Boulevard. This well is developed in the sand and gravel drift formation and is screened from 135' to 193' with 12" stainless steel screen. This well is presently being pumped at 750 gallons per minutia and is the primary well in the City of Mound. Well No. 1 3 4 5 6 7 Date Drilled 1934 1947 1962 1957 1976 1977 Present Capacity GPM 300 450 -500 Abandoned Abandoned 550 750 Depth. Feet 285 317 175 195 Screen Size, Inches 10 -- 16 12 Screen Length. Feet 8 -- 33 60 Type of Well Drift Jordan- Drift Drift Sandstone Water Quality Iron mA /1 0.23 0.41 - -- - -- 0.35 0.92 Manganese mg /1 0.55 0.30 - -- - -- 0.065 0.27 The water from these wells contain iron and manganese in various quantities. The table above indicates that the iron content of the water ranges from 0.23 to 0.92 mg /l and the manganese content from 0.065 to 0.55 ag /1. Experience has shown that the domestic consumer finds the water objectionable when iron is present in amounts greater than 0.2 mg /1. and the tenacity of manganese is so great that its concentration should not be more than 0.1 mg /l and preferably less than 0.05 mg /l. This indicates the need for water treatment to remove the iron and manganese. G. a-723 Storage Facilities Water storage facilities are provided for several purposes such as: To equalize pumping rates over the day. To equalize supply and demand over a long period of high consumption. and To furnish water for such emergencies as firE fighting or accidental breakdowns. • - 3 - CITY COUNCIL PACKET - 9 -12 -90 #2 The City of Mound has. through the years provided stomp for all th- purposes mentioned above. Both the 75,000 and the 300.000 gallon storage tanks "float on the line", that is they fill during periods of low consumption and empty during periods of high water consumption. Voter is delivered to the system from the aforementioned wells to the elevated storage tanks. The wells are automatically controlled by the level in the 300.000 gallon tank through a master control panel located at Well No. 6. This master control panel enables the operator to select any sequence of wells to start and stop at pre -set levels in the elevated storage tank. These set points are adjustable as is the well sequence enabling the City to operate the entire well system at various sequences. Such a system provides excellent flexibility and operation and enables each well to operate an equal amount of time if the City so desires. This control system was provided in 1977 along with the construction of Well No. 7. • • . 4 - 0? 707 Y SECTION III - POPULATION AND V ATE R USAOS According to the report written in 1982. the population in mound has had a steady growth since 1930. That growth rate was high between 1930 and 1970. but after that time, the growth rate decreased. In the 1980 census. the population was 9.280 and by 1982 it was estimated at 9.400. with a projected population of 9.70 for 1990. Therefore, there has been a very small. steady growth since 1982. It is not expected that the population of mound will change substantially through the design period of 20 years. which this report is based on. It is, therefore, estimated for design purposes that the population of mound will be 10.000 people by the year 2010 the design period for such things as water treatment plants and distribution systems. 8 Future and /or anticipated water usage requirements are based on several factors, such as projected population, anticipated industry and historical trends and water usage. All three of these factors will be taken into consideration in determining future water requirements for the study period. The historical data for the City of mound indicated an increase in water usage from 1970 to 1976. After 1976 the water usage began to decrease mainly due to the drop in water usage attributed to Tonka Toys. which eventually moved from mound in 1982. The usage since 1982 has been basically domestic consumption which has been around the total figure of 310.000.000 gallons a year, which is approximately 90 gallons per capita per day. i For the use of design purposes, this report will project the future water I requirements by using daily per capita usage of 100 gallons for the duration of the 20 year design period. This is a reasonable number for per capita usage as it is used for design purposes in many other City's of similar size in I Minnesota. The estimated daily per capita usage of 100 gallons along with the projected population of 10,000 persons produces an average day's use, through the design period, of 1,000,000 gallons. This gives a total annual water usage of 365 ,000,000 gallons as compared to the present usage of 312,300,000 gallons. 1 0 a a��s -5- fi§SCTI0N IV - SYSTEM DESIGN MW e As mentioned in the previous section, the total estimated water wage for the design period per year is 365. 000,000 gallons. In addition to determining yearly wage, it is equally important to determine the maximum daily and the average daily wage of the maximum *oath. This is normally done by examining historically water wage figures, but because of the lack of reliable data. we have assumed that the maximum daily usage is approximately 2009 of the average daily usage. Therefore. the maximum daily usage is projected to be 2.000.000 gallons per day for domestic use. Added to this figure would also be the required amount of water to fight any fire that might take place within the City of Mound at the same time the maximum usage is -ccurring. The Insurance Services Office of St. Paul recommends a design for b fire flow of 2.500 gallons per minute for a duration of 2 hours. This would produce a total requirement during an occurance of a fire of 300,000 gallons. The total maximum day's usage would then be the domestic requirement plus the fire flow or 2.300.000 gallons /day. In order to provide the quantities of water needed to supply the demand of 2,300.000 gallons for the maximum day, it is necessary to design a treatment plant size to provide at least the maximum days flow for domestic water, which in this case is 2, 000,000 gallons /day. This would require a treatment plant that would produce treated water at the rate of 1.390 gallons /minute. It is recommended that the treatment system to be used in the City of Mound to remove iron and manganese be a horizontal pressure filter designed to remove iron and manganese which is present in the well waters in Mound. These filters are normally either a 75 gallon /sinute size or the 500 gallon /minute size. In the case of the system recommended for usage to treat Mound's well water. we would have to use two 750 gallon /minute horizontal pressure filters. Therefore. the proposed treatment plant would produce water at the rate of 1.500 gallons /minute. This would satisfy the the projected maximum day's water usage of 2.000.000 gallons per day as previously mentioned. C� —6- This system would also include a pressure aerator, air compressor. filter function valves, filter manifold piping, air release system, backwash rate of flow control system, loss of head indicator and manganese green sand and tnthrasite filter media. along with an air washed distribution system consisting of air wash grids, blower assembly, valuing. high lift pumps. clear well for treated water storage at the plant. etc. It would also be necessary with this treatment process to include chemical feed equipment to add chlorine. flouride and potassium permanganate. The potassium peraangerate is injected an the influent side of the filter for manganese removal and the remaining chemicals are added to the treated water. A. Treatment system This report discusses two alternative won to provide the 1.500 sallons /minute treatment required. These two alternatives are as follows: 1. Alternative One would be to have a 750 gallon /minute treatment unit at 2. different locations. Each location would also have a clearwell to provide 50,000 gallons of storage for treated water. along with high lift pumps to pump water from the.clearwell into the distribution system. In order to treat 750 gallons!minute. It would be necessary to have available at the site a well which produces that such water. In the case of Mound. Well No. 7 would be one site where a plant could be located as it does produce 750 gallons /minute. The other site would be near the fire station where Well No. 6 is presently located. Well No. 6 produces 550 gallons /minute and would have to be augmented by water from Well No. 3, which is approximately 2 blocks away. Water would have to be transported from Well No. 3 by providing a 6" line to carry the raw water to the new proposed plant and that would cost approximately (180,000. The total cost of Alternative One then would be the cost of two treatment plants which is estimated to be $1,224.000 and the cost of the 6" waterline ((180,000} which gives a total cost of $1.404.000. An alternate way to provide sufficient water at this site would be to drill another well near Well No. 6. This would cost approximately $180,000 the same as the 6" line to transport water from Well No. 3. 8727 -, - 8 - A729 2. Alternative Two would be to place a 1500 gallon /minute water treatment plant at the site of Well No. 7. This plant would also have a clear+ell to provide 100.000 gallons of storage for treated water along with high lift pumps. Since Well No. 7 produces only 750 gallons /alnute. a new well producing a,-- same i as Well No. 7 would have to be drilled nearby. Well No. 7 and the new well would than provide 1.500 gallons /minute for complete jtreatment at this location. The new well and the piping required to bring water into the proposed site of the water treatment Plant would cost approximately 5206.000. The total cost of Alternative Two would then be $1.259.000. Alternative Two has several advantages. The first advantage is the fact that the cost is approximately $145.000 less. It also has a couple of other advantages, one being the fact that water treatment will be all at one location. It will also provide a new well so that the two wells providing water to the treatment aystes are reliable. If Alternative One was used. the am treatment system at Well No. 6 would be using two wells that are somewhat questionable in that there has been problems with Yell No. 6 in the past and Well No. 3 is now 43 years old. Another advantage is the fact that the other existing wells can be kept as stand -by wells to produce water during emergencies such as fire or extremely high water usage. With the proposed treatment plant in operation along with i the other wells. the City would have the capability Of pining 2.800 gallons /minute into the distribution system in an emergency ' situation. We therefore recommend that the City use proposed Alternative Two to provide a system to remove iron and manganese from the well water. This recommendation is based on the assumption that the present distribution system is capable of providing flow capacity to accept water from the treatment plant ' at 1500 to 2000 Vs. This must be verified with a computer analysis of the distribution system before a final decision is ' made to accept Alternative 2. - 8 - A729 B. Distribution System 10 The existing distribution system. which includes the pipe work and the elevated storage. was also investigated. The main reason for the Investigation is to determine if the pipe network will distribute water in sufficient quantities to provide fire fighting capabilities In all areas of the City. This was done by flow testing approximately 37 hydrants throughout the City of Mound. The results of this surve ' indicated that the area between Lake Langdon and Dutch Lake have some problems in providing sufficient quantities of water while maintaining 1 a proper residual pressure in the system as the water is being taken out of the system. Normally. the Insurance Services Organization recommends that a residual pressure of at least ZO pounds per square inch ( psi) be maintained when the hydrants are flowing sufficient quantities of water to fight a fire. In the extreme western part of the area mentioned above. the residual pressure was decreased to approximately 10 psi when the hydrants were flowed. This no -doubt t results from the fact that the distribution system in this area is a dead end and the elevation of the topography is quite high. The one thing that can be eliminated quite easily is the dead and system in this area. This can be accomplished by constructing a 10" line from Westedge Boulevard and Halstad Lane. north across the railroad tracks 1 along Westedge Boulevard to the existing 10" line approximately 600' south of Lynwood Boulevard. This would eliminate the dead and on the system and provide water directly to that area from the water tower on Evergreen Road near Westedge Boulevard. Previously, it was recommended that the proposed water treatment plant I be located near Uell No. 7. The treated water. therefore. will be entering the distribution system at that point or at Commerce Boulevard and Three Points Boulevard. This is approximately two miles from the water tower on Evergreen Road and the highlift pumps located In that treatment plant would be pulping against a high head because i of the head loss in the single 10" line down Commerce Boulevard leading to the water tower on Evergreen Road. If the proposed 10" ���� • connection along Westedge Boulevard is constructed. this will reduce the head loss as there will be two routes the water can take to get to the water tower on Evergreen Road. This will also help the pressure In the area between Lake Langdon and Dutch Lake when the high lift pumps are in operation. 1 10 i Previously mentioned in the report was the requirements for fire fighting capabilities of the existing system. The ability to provide water to fight fire depends upon the rate at which water can be supplied to the system and the socunt of storage available at the time the fire begins. In the City of Mound, there will be plenty of supply with the proposed treatment system. which will produce 1.500 gallons /minute of treated water to the system at any given time along with the remaining wells which can produce approximately 1.500 gallons /minute. This supply eliminates the need for constructing any more storage in the City of Mound at this time. It is also understood that if an emergency arises whereby the storage is being depleted and there is a fire requiring high water usage. there are lines interconnecting the other City's in the area. This will help provide water to fight fire in the City of !found under such emergencies. One thing that must be taken into consideration, is the fact that two of these wells. Well No.'s 1 and 3. are getting old. There is. therefore. a possibility that in the near future. they will have to be abandoned and the City will no longer have that additional supply in case of an emergency. At that time. the City would need to provide another well that would produce 750 gallons /minute or construct a water tower that has a capacity of 250.000 gallons. The need for this is demonstrated by the fact that during the peak day. the maximum water usage over a 14 hour period is approximately 2,000 gallons /minute. With the treatment plant producing only 1.500 gallons / ainute. there is a 500 gallon /minute deficit over the 14 hour period making a total deficit of 420,000 gallons. If a fire should occur at this point, it would be necessary to have 275,000 gallons of storage on hand to fight the fire thus requiring a total storage volume of 695.000 gallons. The City presently has 375.000 gallons of elevated storage and this report recommends the construction - 10 - A 73o of a 100.000 gallon clearwell with the treatment plant making a total of 475.000 gallons available toward making up the 695.000 gallon deficit during a major fire requiring additional storage of 220.000 gallons. This would have to . be made up by additional elevated storage. The Insurance Services Organization recommends that the storage be sized so it would provide the required quantities of water when 80 percent full. It would. therefore. be necessary to have an additional 300.000 gallons of storage. It is. therefore. recommended that the City plan for future construction of a 300.000 gallon tank in approximately 15 years. i i � 2731 - 11 - U L_J I ' CITY OF MOUND WATER SUPPLY SYSTEM REPORT Preliminary Cost Estimate Water Treatment Plant (Cost of 1 Plant for Alternate 1) 750 GPM Iron Removal Equipment S 100.000 1 Additional Equipment for Manganese Removal 20.000 Chlorination, Gas System 5.500 Flouride Feed System 2.000 Potassium Permanganate Feed System 3.500 Buiiding 1250 S.F. 95.000 Electrical 40.000 Piping 40.000 Pumps 2 -750 GPM 26.000 Site Work 12.000 ' Labor to Place Equipment 90.000 Clearwell. 50.000 Oallons 30.000 SUBTOTAL i 464.000 Contingencies 10% 46.000 SUBTOTAL 510.000 Administrative. Technical. Legal 20% 102.000 TOTAL. S 612.000 Cost of 2 Plants 1.224.000 Piping from Well No. 3 to Plant Site at Well No. 6 180.000 tip I - 12 - A )3Z 0 0 CITY OF NOUND WATER SUPPLY SYSTEN REPORT Preliminary Cost Estimate Water Treatment Plant (Alternate No. 2) 1.500 GPM Iron Removal Equipment S 200.000 Additional Equipment for Nanganese Removal 40.000 Chlorination Gas System 7.000 Flouride Feed System 2.000 Potassium Permanganate Feed System 3.500 Building. 2000 S.F. 150.000 Electrical 65.000 Piping 70.000 Pumps. 3 -1000 GPM 45.E Sitevork 12.000 Labor to Place Equipment 160.000 Clearwell. 100.000 Gallons 55.E SUBTOTAL S 809.500 Contingencies 10% 81.000 • SUB'T'OTAL S 890.500 Administrative. Technical, Legal 20% 178.500 SUBTOTAL S 1.069.000 Well and Piping (See Cost Estimate for Well) f98�0A- Ze` cJJ TOTAL g L -1 i 7 o� rD w u � ' 1 �J gj 33 - 13 - CITY OF MOUND WATER SUPPLY SYSTEM REPORT Preliminary Cost Estimate New Well for Alternate No. 2 One New Well, 750 ON Pump and Pitless Adapter, 750 WN Pipeline From Well to Treatment Plant SUBTOTAL Contingencies 10% SUBTOTAL Administrative. Technical and Legal (25X) TOTAL • - 14 - S 150,000 15,000 S 165.000 41.000 �. Lei R73y i s i • a 13S - 15 - CITY OF MOUND WATER SUPPLY SYSTEM REPORT Preliminary Cost Estimate 10" Watermain Extension - Westedge Boulevard Halstead Lane North to Existing 10" Main ITEM QUANTITY UNIT PRICE T OTAL 10" DIP Watermain 2.200 L.F. S 23.00 /LF t 50.600 6" DIP Watermain 100 L.F. S 16.00/LF S 1.600 Fittings 3.000 LB i 1.70/LB S 5.100 10" Gate Valves 4 EACH f 750.00/EA S 3.000 6" date Valves 4 EACH S 450.00 /EA S 1.800 Hydrants 4 EACH S 1.200.00 /EA S 4.800 Granular Material 200 TON S 9.00/7N S 1.800 6" Class 2. St. Restoration 2.000 TON S 8.50/7N S 17.000 Roadside Seeding LUMP SUM S 2.000 Jacking 10" Watermain 60 L.F. S 150.00 /LF S 9.000 SUBTOTAL S 96.700 Contingencies (10x) 9.700 • SUBTOTAL S 106.400 Administrative. Technical and Legal (25x) 26.600 TOTAL S 133.000 • a 13S - 15 - 1 • T0: Skip Johnson, City Council FROM: John Norman, F Director _ TLP RE: Effect of increase in water rates on total utility bill - Water Treatment Facility I have selected three utility bills from residential accounts representing low, mid -range and high usage. The following slows the effect a 40% increase in water rates would have on the entire utility bill: Usage Water Sewer Total Charge Charge Bill LOW 7,000 Current billing 7.00 25.41 32.41 4o% t 9.80 25.41 35.21 $ increase 2.80 -0- 2.80 % increase 40$ -0- 8.6% MID -RANGE 25,000 Current billing 25.00 50.46 75.46 40%T 35.00 50.46 85.46 $ increase 10.00 -0- 10.00 % increase 40% -0- 13.3% HIGH 53,000 Current billing 53.00 102.23 155.23 40% r 14.20 102.23 176.43 $ increase 21.20 -0- 21.20 % increase 40% -0- 13.7% k u JUL 191990 MEMORANDUM TO: Mound City Council and Staff FROM: Mark Koegler, City Planner DATE: July 18, 1990 SUBJECT: Shoreland Management Ordinance - Pelican Point At the meeting on June 26, 1990, the City Council requested that staff review the determination that was made regarding a shoreland management ordinance when Pelican Point was under consideration. I have reviewed the available file information and have the following comments to offer. In approximately 1978, the City of Mound approved a 27 unit development on the Pelican Point site. At that time, the project consisted of 13 single family homes and 14 attached patio homes. Despite extensions of the original approval through 1982, the project was never constructed due to economic conditions. In 1982, the State of Minnesota adopted a new set of environmental rules with references to shoreland management ordinances. Those rules (3.039M) which are still in effect contain the following threshold for projects requiring the preparation of an environmental impact statement (EIS): Mandatory EIS Category Construction of a permanent or potentially permanent residential development of 40 or more unattached or of 60 or more attached units if the local government unit has not adopted state approved shoreland, floodplain, or wild and scenic rivers land use district ordinances, the Mississippi headwaters plan, or the Project Riverbend plan, as applicable, and either: a. The project involves riparian frontage, or b. 10 or more acres of the development is within a shoreland, or delineated floodplain, or state or federally designated wild and scenic rivers district, the Minnesota River Project Riverbend area or the Mississippi headwaters area. C7 AM 3030 Harbor Lane North Bldq.11, Suits 104 Minneapolis, MN. 55447 -2175 612/553-1050 Shoreland /Pelican Point Memorandum July 18, 1990 Page Two In 1985 as is the case today, the City of Mound did not have a shoreland management ordinance in place. Because of this, the 1985 project was required to prepare an EIS which was determined to be unrealistic due to cost ( ;50,000 - ;100,000) and the fact that it would add up to two years to the project approval process. As an alternative, the City of Mound expressed the possibility of adopting the model ordinance that was available at that time. In January of 1985, City Manager Jon Elam stated, "As a city though, we will have to face the Shoreland Management Ordinance issue sooner or later. I would propose that we begin to draft up, over the next four to six weeks, language Lhat might be involved in such an ordinance and forward it t- the DNR for their reaction." In February of 1985, a packet of materials pertaining to shoreland management was presented to the Planning Commission for their review and consideration. • Through a series of meetings, the Planning Commission and ultimately the City Council became more familiar with shoreland management ordinances and their potential impact on Mound. Gradually, there was a realization that adoption of an ordinance was not a simple matter and certainly not one that could be quickly addressed. At about this same point in time, the developers decided not to pursue the Pelican Point project and the pressure on the City to act quickly was removed. Since all cities are required to adopt shoreland management ordinances, efforts to resume preparation of an ordinance for Mound resumed in late 1981. It was decided that a prudent time to review the issue of shoreland regulation was during and after preparation of an updated co prehensive plan. In 1988, preparation of a shoreland ordinance for Mound was derailed again, this time by the LMCD who initiated the comprehensive planning process for Lake Minnetonka. The plan was to contain standards for the lake communities that differed from the DNR guidelines for shoreland management. As the Council is aware, that plan is now complete in draft form and is undergoing a review process. At this time, Mound is still without a shoreland management ordinance since the framework for the ordinance (the LMCD plan) has not been formally adopted. The situation today remains very much the same as it did in 1985. Mound still needs to adopt an ordinance regulating shoreland management., If Pelican Point was proposed today as it was in 1985, it would still require the preparation of an EIS due the environmental rule thresholds. Recent history has shown that the City of Mound is committed to fulfilling its requirement of adopting a shoreland management ordinance. The ordinance can not be completed, however, until the . LMCO plan is finalized. 003) SHOREPEL,L51 IL CITY of MOUND MOUND, M NE °o a 5°64 (612) 472 -1155 January 15, 1985 TO: CITY COUNCIL FROM: CITY MANAGER RE: SHORELAND MANAGEMENT ORDINANCE As most of you know by now the City has received a proposal to develop the 16 acre site South of Lakewinds into condominiums. This 126 un :t project would consist (as proposed) of three buildings, 85 feet high and would create a wall about 800 feet loi,g over the 1300 foot length of the site. Not surprising, a development like this causes major involvements on the part of a number of other agencies. Most of these are relatively routine in nature, i.e. Metro Waste Control, Health Dept., LMCD, Watershed District, etc. Others ordinar'ly do not get involved in our day to day planning process. Primarily, the major agency of concern is the DNR. It would appear that they have the power to review and approve a number of issues posed by this project, over and above the City's review. These include, height (not to exceed 35 feet), density (maximum 80 units), set- backs at least 50 feet from lake, docks (26, LMCD could grant up to 60), etc. This is where the confusion and complexity of all this develops. If the City has a DNR approved Shoreland Management Ordinance, the approval process for most activities would be retained by the City. DNR would sti. retain the review right for large projects like Pelican Point, but that would be a review right not a veto, unless we greatly varied from the Shoreland Management Ordinance. The Planning Commission did vote, I believe, unanimously against the zoning and variances Pelican Point was seeking. For this large project it means going back to the drawing boards and re -doing their plan or dropping it altogether. At this point, I do not think they know what they want to do. As a City though, we will have to face the Shoreland Management Ordinance issue sooner or later. I would propose that we begin to draft up, over the next four to six weeks, language that might be involved in such an ordinance and forward it to the DNR for their reaction. 2731 Page 2 City Council January 15, 1985 Clearly this could be a process that could go on for months, but 1 do not see how anybody could gain from that. In summary, the issues a Shoreland Management Ordinance would govern would be: Lot Size Height Setbacks Density Review & Approval Process Subdivisions of Lots Plats 1 may have missed something, but I hope I have not. I will keep you informed on this as we move ahead. The Council and Planning Commissio may want t_ jointly appoint a Committee to develop this as was done earlier on the Wetlands Ordinance. JE:fc • • 2.139 • , ♦ � MINNET� ll M LAKE MINNETONKA CONSERVATION DISTRICT •�►h��� Q �S ~ 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 612/471703? EUGENE R. STROMMEN. EXECUTIVE DIRECTOR MARO NEYSERS David H. Cochran. Chair Greenwood Albert o Foster. v. Chai June 5, 1990 ' A UT JUN 5 Deepha~ Jan Bosw.nkel. Secretary Minn «onks Beach John Lowman. Treasurer Minnelhsta Oouglas E. Babcock Spring Park The Honorable Steve Smith Marvin Blorkn Tonks Ba Mayor, City of Mound ""'°° Gnat ""°' E:c lswr 2710 Clare Lane JoEllen L. Hurr Mound MN 55364 Orono John 4. Malinke victoria Thomas Martinson Dear Steve: Wayzata Robert K. Pillsbury Minnetunka Robert Rascop Shorewood Thomas W. Reese The MN DNR Statewide Standards for "Management of Shorelan Mond Robe "'" Areas" were adopted July 3, 1989. These revised standards are Woo expected to be adopted by all cities. As a special accommodation to the 14 Lake Minnetonka cities, the MN DNR invited your Lake Minnetonka Conservation District to facilitate the adoption of the shoreland standards among its member cities. Coincident to the development of the Long Term Management Program for Lake Minnetonka, the Shoreland Rules study was the first to be conducted. Your city participated in this shoreland rules assessment in the winter of 1988 -89. Profressional staff and some elected official participation in this study resulted in the recommended Shoreland Management guide distributed wach eight other study areas in November, 1989. Workshops sponsored by the MN DNR were held in late January, 1990. We believe all lake communities participated in these workshops. The process for each community's responsibility in adopting the revised Shoreland Rules was reviewed in detail. LMCD's role as the facilitating agency for the Lake Minnetonka communities was alsu explained by DNR officials. The Shoreland Grant Agreement is now ready after a careful review of its contents with the MN DNR. Your LMCD Board has reviewed and approved it for your subsequent review and, we trust, adoption. 27y0 LAKE MINNETONKA CONSERVATION DISTRICT LMCD Municipalities DNR Shoreland Rules June S, 1990 Page 2 Certain funding reimbursement for eligible costs is being provided by the MN DNR through LMCD as the facilitating agency. A provision to fund necessary consulting service to assist the cities in the adoption process is also included as part of the agreement. Eligibility for the matching funds is available through July 31, 1991. That is the deadline for all LMCD cities to complete their shoreland rules adoption. This leaves just a year to accomplish this task upon your prompt review and signing of the agreement. May we count on you and your City Council to favorably adopt this Shoreland Grant Agreement in June so we may move ahead with the maximum time available? You may direct questions to me personally at 474 -4743, or to Executive Director Gene Strommen, 473 -7033. Thankyou for your positive and early response. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT David H. Cochran Chair DHC:am enc:agreement c:city administrator 10141 • STATE OF MINNESOTA DEPART14ENT OF NATURAL RESOURCES SHORELAND GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Minnesota, acting by and through the Commissioner of Natural Resources, hereinafter referred to as the "State "; and the Lake Minnetonka Conservation District, hereinafter referred to as the "LMCD "; and, the Cities of Deephaven, Excelsior, Greenwood, Minnetonka, Minnetonka Beach, Minnetrista, Mound, Orono, Shorewood, Spring Park, Tonka Bay, Victor'a, Wayzata and Woodland, hereinafter referred to as the "Cities ". WITNESSETH: WHEREAS, the State has been granted certain responsibility for regulation of shoreland development, as provided by Minnesota Statutes 105.485 and 1innesota Rules parts 6120.2500 through 6120.3900 pertaining to "Statewide Standards for Management of Shoreland Areas "; and WHEREAS, the State is authorized by the Laws of 1989, Chapter 335, Article 1, Section 21, Subdivision 3 to provide grant assistance for local governments to adopt a shoreland management ordinance consistent with statewide standards, and to develop comprehensive lake management strategies and plans; and WHEREAS, thez LMCD has prepared a Lake Minnetonka Comprehensive Lake Management Plan which includes a strategy for shoreland area management; and .,WHEREAS, a coordinatLd, comprehensive approach to shoreland standards for the shoreland areas of Lake Minnetonka will result in greater local consistency and acceptance of the controls, and WHEREAS, the LMCD and the Cities have submitted an application for grant assistance. 279X 1 NOW THEREFORE, it is agreed by and between the parties hereto: I. LOCAL GOVERNMENT RESPONSIBILITY A. CITIES' RESPONSIBILITY • 1. Shoreland Ordinance Adoption. After the official two year notice has been given, per Minnesota Rules part 6120.2800, subpart 2., and before July 31, 1991, the Cities agree to adopt a shoreland management ordinance consistent with statewide standards and the Lake Minnetonka Comprehensive Management Plan. 2. The Cities shall document all eligible costs defined in Section II.A. of this agreement, and report them to the LMCD for payment. B. L14CD RESPONSIBILITY 1. Local Government Coordination. After the official two year notice has been given, per Minnesota Rules part 6120.2800, subpart 2., L14CD agrees to coordinate the shoreland ordinance adoption fog the shoreland areas of Lake Minnetonka (I.D.027 -133) of the following local governments: City of Deephaven City of Orono City of Excelsior City of Shorewood City of Greenwood City of Spring Park City of Minnetonka City of Tonka Bay City of Minnetonka Beach City of Victoria City of Minnetrista City of Wayzata City of Mound City of Woodland 2. Ordinance Certification Checklist. Within the adoption schedule described in item A.I. above, the LMCD also agrees to ensure completion of all the tasks and return the attached ordinance certification checklist for each City to the State. Al U3 3. The LMCD shall pay to the Cities from funds received pursuant to Section II.A of this Agreement 50% of all reasonable ordinance adoption expenses (described in item 4, below) up to a maximum of: a) $2,500.00 for each of the Cities of Deephaven, Excelsior, Greenwood, Minnetonka, Minnetonka Beach, Mound, Spring Park, Tonka Bay, Wayzata and Woodland, and b) $5,000.00 for each of the Cities of Minnetrista, Orono, Shorewood and Victoria. 4. Documentation of Actual Costs. The LMCD agrees to provide to the State documentation of all actual eligible costs, defined below, in the adoption of shoreland ordinances for the Cities, and the coordination of shoreland ordinance adoption by the local governments listed in item B.1., above. Examples of allowable costs are: a) Publishing costs for hearing notices and ordinance provisions; b) Consultants fees and /or legal fees involved in the ordinance adoption process; c) Flailing costs associated with ordinance adoption and publication; d) Education and training costs including, expenses for attending the DNR workshops; e) Costs of holding public infc A tion meetings; f) Costs of shoreland classification reviews, including map revisions and ordinance development; g) Costs for comprehensive plan development and revisions pertaining to the shoreland district only, unless combined with the Fl oodpl a i l e i and /or W i l d and Scenic Rivers programs. h) Costs for upgrading zoning administration forms such as: permit application, permit certification, variances, conditional uses, special uses, zoning changes, amendments. i) Costs resulting from tasks perforraed by local appointed officials, employees or staff involved in the adoption process of a shoreland ordinance. 27 3 VV j) Coordination costs of local government shoreland ordinance adoption relating to: meeting attendance, training and explanation of county codes and ordinances for compatibility, • lake and stream classification review for county wide the state. consistency, review and comments on local government controls and ordinances for county consistency and state compliance, and review and comments on local government administrative procedures for consistency and compatibility with the county. k) Office computerization relating to shoreland management. 5. The LMCD shall return to the State any grant funds advanced which are in excess of 50% of actual costs and which have not previously been paid to the Cities. Funds which have been previously paid to the Cities which are in excess of 50% of actual costs shall be returned to the State by the Cities. 6. If any City does not adopt a shoreland ordinance by July 31, 1991, then all grant funds for the purposes of adopting a shoreland ordinance for that City shall be returned to the state. 7. Each City shall provide to the Department for review a draft ordinance at least 60 days before the deadline date defined in item 6, above. II. GRANT A. The State shall pay to the LMCD up to a maxinum of 145,000.00 for payment to the Cities of 501; of all reasonable ordinance adoption expenses for the services authorized hereunder. ,; Invoices will( be submitted for double the requested payment amount to demonstrate both the local and state share. Final payment will be made after the Work has been completed and if costs and Work for which invoices are submitted are satisfactory to the Commissioner of Natural Resources. This also includes submittal of the Ordinance Certification Checklist. #27W 4 Advance payments to the. Lb1CD by the State not to exceed 50% of the grant amount may be authorized if a listing of anticipated incurred expenses are submitted by the LMCD to the State. The LMCD and /or Cities agree to pay all expenses not paid for by the grant. B. The State shall pay $15,000.00 costs of coordinating the adoption of local controls up to a maximum of $15,000.00. Examples of allowable expense are described in Section I.B.4. of this contract. III. SPECIAL PROVISIONS 1. The WCD agrees that in the hiring of common or skilled labor for the performance of any work under any contract, cr sub - contract hereunder, neither it nor any contractor, material supplier or vendor shall engage in any discriminatory employment practices as such practices are defined in Minnesota Statutes Section 181.59 and Chapter 363, or in any practices prohibited by Minnesota Statutes Sections 177.42 and '_71.43 (1988). 0 2. The LMCD shall indemnify, protect and hold harmless the State, its agents and employees from all claims or actions which may arise from performance of this Agreement. 3. The books, records, documents and accounting procedures, and practices of the LMCD relevant to this Agreement shall be subject to examination of the Departmert of Natural Resources and the Legislative Auditor. 4. The State agrees to provide technical and coordinative assistance to the LMCD and /or Cities for the adoption of shorelana controls for non -Lake Minnetonka shoreland areas within the Cities of Minnetrista, Orono, Shorewood, and Victoria. 1�1 0 ,27yc 11 5. The State intends by this Agreement to eliminate unnecessary duplication of ordinance adoption procedures by requiring all ordinance standards prepared �,v the Cities to be coordinated with the LMCD prior to submittal to the State for approval. Failure by the Cities to coordinate with the LMCD will result in non - payment of eligible costs to the Cities by the LMCD . IV. TERM This Agreement shall become effective when all signatures required have been obtained and when the funds have been encumbered by the Commissioner of Finance, and shall continue in effect until the agreed tasks are completed or until July 31, 1991 whichever is earlier. V. TERMINATION The State may terminate this Agreement "with cause ". "With cause" shall mean that the LMCD and /or Cities are not performing the Work in accordance with the terms of the Agreement or the Work is not being performed to the satisfaction of the State. If this Agreement is so terminated, the State shall only be liable to pay for Work found acceptable. In the event of termination of this Agreement as heretofore provided, the LMCD and /or Cities shall have seven (1) days prior written notice and if the Agreement is being terminated "with cause" the LMCD and /or Cities shall have until the date of termination to show cause why the Agreement should not be terminated. If it is determined Dy the 3TdLe U10 '6'PC LMCD /Cities default was beyond its control or it was not otherwise in default, the Agreement shall not be terminated. • r� LJ • • CITY OF M•10UND By: Mayor Date: By: Clerk Date: CITY OF ORONO By: Ma yor Date: By: Clerk Date: CITY OF SHOREWOOD By: Mayor Date: By: C1 erk Date: CITY OF SPRING PARK By: Mayor Date: By: Clerk Date: CITY OF TONKA BAY By: Mayor Date: By Clerk Date: CITY OF VICTORIA By: Mayor Date: By: Date: CITY OF WAYZATA By: Mayor Date: By: _ Clerk Date: CITY OF WOODLAND By: Mayor Date: By: Clerk 17yl 8 ORDINANCE CERTIFICATION CHECKLIST Once all the below listed tasks are completed. please sign and return the checklist and all required documents to the State. This must be returned before final payment will be authorized. 1 • Date of published hearing notice. Z• Date of postmark of hearing notice to Commissioner of the Department of Natural Resources /Area Hydrologist. 3. Date of hearing(s). d• Date of ordinance adoption. 5. If ordinance is published in entirety, date and affidavit of newspaper publication of adopted ordinance. (Include three copies of ordinance) 6. 7. If only ordinance summary published, date and affidavit of newspaper publication of ordinance title and summary along with certified copy of adopted ordinance in its entirety from the Clerk. (Include three copies of ordinance) Date of official filing of adopted ordinance with County Recorder ( record book number page number). Board of Adjustment /Appeals has been established. *Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter. Please spec i fy: BY: Mayor DATE: CITY: • • ,26711 • CITY OF MOUND PRESENTATION FOR LMCD LAKE MANAGEMENT PLAN PUBLIC HEARING CITY OF MINNETONKA, MINNESOTA JUNE 6, 1990 — 7 PM INTRODUCTION It is the position of the City of Mound that the LMCD must continue to be the agency for the management of the surface use of Lake Minnetonka. The Lake Management Plan that has been developed by Arndorfer and Associates, in cooperation with the LMCD Board of Directors, various committees, staff and other agencies demonstrates a sincere effort in analyzing the problems and issues facing the LMCD and its 14 member cities. This plan is essential to managing the future of Lake Minnetonka and the surrounding communities. Over the years, the LMCD has been effective within its limited authority. The long term plan calls for some changes in its structure that includes giving it the ability to be a stronger taxing authority. The City of Mound believes that if such authority is granted, members should be elected by the people that they are taxing rather than the current system of appointments. SPECIFIC ISSUES • 1. The City of Mound applauds the LMCD for its efforts to fight the Eurasian Water Milfoil problem in Lake Minnetonka. This effort is an example of the LMCD's interest in protecting the environment. The City of Mound encourages the LMCD to continue to take a strong stance on the environment. 2. The City of Mound believes that land use regulations should remain under city control. 3. The City of Mound is against programs to reduce, and ultimately eliminate, grandfathering at municipal and homeowner association docks. It is the position of the City that it has itself 400+ Commons Docks which are maintained for the benefit of all residents of the City. A 75 a 0 4. The City of Mound believes that the City of Mound should not increase access to Lake Minnetonka for non - lakeshore residents at the expense of lakeshore owners. 5. The City of Mound supports the LMCD in obtaining authority to charge user fees for the use of Lake Minnetonka. CONCLUSION The City of Mound recognizes that Lake Minnetonka is both a regional asset and one enjoyed by individual lakeshore owners. The rights of one should not and need not be sacrificed to benefit the other. • s ANSI 2 11 June 12, 1990 CITY Of N IOl NI ) R`- Dr. David J. Arndorfer Lake Minnetonka Conservation District 402 E. Lake Street Wayzata, MN 55391 Dear Dr. Arndorfer: The City Council of the City of Mound, Minnesota, has spent several hours over the last two months reviewing the Long Term Management Program for Lake Minnetonka that you have prepared in cooperation with the LMCD. The City Council began its review of the plan basically on a page by page basis, and came up with a number of questions and /or comments with regard to the plan. As you know, Mayor Steve Smith represented the City of Mound at the June 6th public hearing at the City of Minnetonka, in which the statement read by Mayor Smith summarized the City of Mounds Position on the plan. However, Council wanted me to direct a letter to you indicating specific questions or comments that they had on the various portions of the plan. Therefore, I will begin by page number within the plan: 1. Page 18, under "Historical Background" indicates that there is a need for 700 car /trailer parking spaces for Lake Minnetonka. Assuming that the Hennepin Parks District go e3 forward and builds a regional park on Lake Minnetonka, were the spaces created at the park (100 +) going to be counted within the 700 parking spaces? 2. Pages 29 -31 under items 8 -6, 7 -6, 6 -4 and 5 -1. The word in "review" is used repeatedly. What does "review" mean in these contexts? How serious are you about these items? • A 7S,2 Dr. David J. Arndorfer June 12, 1990 Page 2 3. On page 21, you indicated present practice by one of the cities on the lake. We understand this to be Mound. Is this correct? If so, on page 28, you indicate: "Accordingly, Lake Minnetonka access and use shall be managed to remain open for all citizens of the state, while riparian landowners have certain constitutional and common law rights of access, no other group shall be recognized as having special privileges or other rights of access." Is it the intent that the City of Mound's Commons Dock program should be open to all citizens of the state of Minnesota? 4. Pages 30 -31, items 6 -2 and 5 -4. What do these mean? Is it the intent of the LMCD to eliminate expansion of the City of Mound's municipal dock program? 5. Page 30, item 7 -4. What is the rationale behind "more restrictive frontage -foot rules ?" 6. The City of Mound compliments you on items 8 -10, 8 -11 and 8- 13, on page 30. These are positive statements. is 7. Page 30, item 8 -9. Is 24 hour presence of the water patrol necessary all year round? 8. Page 30, item 7 -8. Please clarify the phrase "following day on weekends and holidays." 9. Pages 30 -31. "To implement such an ordinance, the LMCD shall meet with each individual municipality to determine the classification of the near shore waters of the lake. It is conceived that the classifications adopted would be that of the city. The known exception would be the manufacturing district in one city on the lake." Which city is this? 10. Page 32, the statement "future public access points shall utiliz? ~emote and shuttles as appropriate." How is this going to be paid for? 11. Page 35, regarding the regulation of ice houses. The City of Mound supports the LMCD on this item as it is a great need at the present time. 12. Page 42, item i3, is excellent. 13. Page 44, item f4. We compliment you on this item. A ?S 3 • • Mr. David J. Arndorfer June 12, 1990 Page 3 14. Page 57, item 115. On page 42, reference is made to the word "manpower" under item 11. This word should be made gender neutral. There may be other references to manpower through the report that should be changed. 16. Page 39, last paragraph seems to be law enforcement agencies for the lake Officer Standards and Training lic( the state of Minnesota. We don't be how many positions there should be i unit. That is usually up to the enforcement agency is located. overstating the use of The Board of Peace nses peace officers in Lieve that it dictates n each law enforcement city where the law 17. Page 41. Typographical error on the listing of items. 18. Page 50, 4th paragraph. References the Excelsior Commons. It states that "only the Commons has the capacity to serve a significant regional population." Is this referencing Excelsior Commons? If so, it should be stated as such. 19. Page 51. The statement is made: "The LMCD has a legislatively- mandated responsibility for public water - oriented shoreline recreational opportunities on the lake." Is this true? 21. Page 51. The statement is made: "The Lake Minnetonka Conservation District has legislative authority over shoreline use and over shoreline public lands." Is this true? 22. Page 52. The statement is made at the top of the page: "There is also a direct link between public ownership of shorelines and boating patterns. Where large parcels are in public ownership, and where physical features are favorable, rafting is an important activity." We don't understand what this means; could you please clarify? 23. Page 52, item 13, sVo. b. Our understanding is that this statement allows the LMCD to have authority over land use control. We previously stated in our presentation at the June 6th public hearing, that we were against the LMCD having land use control. 24. Page 55, under item 08, it states: "The present LMCD policy is is to encourage development of additional intermediate or regional parks." You should be more specific, i.e., Lake Minnetonka Regional Park. 01 7sy Mr. Da%id J. Arndorf er June 12, 1990 Page 4 The above questions and comments were specific to the report. In relationship to the presentation made on June 6th, we wanted to re- emphasize that the City of Mound is against programs to reduce and ultimately eliminate grandfathering at municipal and homeowner association docks. It is the position of the City that it has 4.5 miles of City owned lakeshore which provides dockage for the benefit of all residents of the City. The City of Mound is also concerned with the statement under shoreland protection dealing with the thousand foot control of development, redevelopment and land uses. This becomes a very serious restriction, particularly as it pertains to industrial use, i.e., the former Tonka Toys building, currently owned by Balboa of Minnesota. I hope the questions above and comments are taken as constructive. We would appreciate a response to those questions and any other comments that you might have. We look forward to hearing from you, Sincerely, I Edward , Shukle, Jr. City Manager cc: Gene Strommen Tom Reese ES:ls • 1IS,S BILLS- - - - - -- aLPTEMBER 11, 1990 • • C BATCH 0083 BATCH n084 Unitog IGA Hennepin County Labatts Spur 9'3,019.02 108,507.94 Uniform rental 317.99 Aug supplies 88.31 July Board 851.00 Aug gasoline 83.67 TOTAL BILLS 202,867.93 027504 PAGE 1 P U R C H A S E J O U R N A L DATE 8/30/90 AP- CO2-01 CITY OF MOUND TIME 10.20.19 VEIL INVOICE DUE MID PREPAID CHM NO. INVOICE NtBR DATE DATE STATUS NIOINT DESCRIPTION ACCOUNT KIM All(M CMEM 1 DATE 80649 PRE-PA ?D 1,456.50 LIG 71- 7100-9510 8/30/90 8/30/90 1,456.50 JtML -CD 1010 1456.50 30823 8/21/90 PRE -PAID 1,247.91 LIG 71-7100 -95:0 8/30/90 8/30/90 1,247.91 JMNL-CD 1010 1247.91 30858 8/28/90 BELLBOY CORPORATION VENDOR TOTAI. 2704.41 80685 PREPAID 29,934.74 '90 SEALCOAT PROD -FINAL 27-5800-5300 8/30/90 8/30/90 29,934.74 JiNL -CD 1010 29934.74 30829 8 /21/90 BITUMINOUS ROADNAIS VENDOR TOTAL 29934.74 00888 PRE -PAID 3,773.00 CR UNION 8/18 PR 01-2040-0000 8/30/90 8/30/90 3,773.00 JK-CD 1010 3773.00 30845 8/23/90 CITY COUNTY CREDIT UNION VENDOR TOTAL 3773.00 C0999 PRE -PAID 233.40 SEPT LIFE INS 8.18 PR 01- 2040 -0000 8/30/90 8130/90 233.40 JMII-CD 1010 233.40 30851 8/23/90 W ERCIAL LIFE INS CO VENDOR TOTAL 233.40 C1001 PRE -PAID 2,468.63 SIT 8/18 PR 01-2040 -0000 9/30/90 8/30190 2,468.63 JtK -CD 1010 2468.63 30837 8/23/90 CO MISSIONER OF REVENUE VOW TOTAL 2468.63 D1219 PREPAID 255.96 27 CONTRACT HOURS 81-4350-3100 8/30/90 8/30/90 255.96 Mt-CD 1010 255.96 30831 8/21/90 DELBERT RUDOLPH VENDOR TOTAL 255.96 E1429 PREPAID 182.61 LIG 71-7100-9510 158.30 NINE 71-7100-9520 3.65- DISC 71-7100 -9560 8/30/90 8130/90 337.26 JINL -CD 1010 37.26 30826 8/21/90 PRE -PAID 127.50 NINE 71- 7100-95N 8/30/90 8/30/90 127.50 JNL -CD 1010 127.50 30856 8/28/90 ED PHILLIPS L SONS VENDOR TOTAL 4-64.76 01770 PREPAID 6,323.62 TIMTB'R'SCAPE 60 -6000 -5000 8/30/90 8/30/90 6,323.62 JiNL-CD 1010 6323.62 30861 8/30/90 GAME TIME VENDOR TOTAL 6323.62 G19M PREPAID 1,155.00 DEF COMP 8/18 PR 01-2040-0000 8/30/90 8/30/90 1,155.00 Mt-CO 1010 1155.00 30841 8/23190 OUT NEST LIFE ASSURANCE VENQIOR TOTAL 1155.00 o o Y3 01971 PREPAID 268.87 SEPT GRP ILTN 8/18 PR 01-2040-0000 8/30/90 8/30/90 268.87 Jt* -CD 1010 268.87 30848 8/23/90 • • • 7s7 PAGE 2 PURCHASE JOURNAL AP- CO2-01 CITY OF MOUND VENOM INVOICE DUE HOLD NO. IMDICE N?ER DATE DATE STATUS AMOUNT DESCRIPTION 4r HEALTH PLAN VENDOR TOTAL 268.87 G1972 PRE -PAID 995.63 MINE 19.92- DISC 21.07 FRY 8/30/90 8/30/90 996.78 Jx_CD PREPAID 1,165.24 LID 217.33 MINE 26.54- DISC 14.61 FRT 8/30/90 8/30/90 1,370.64 JRNL -CD GRIOGS COOPER i COMPANT VENDOR TOTAL 2367.42 M2O15 PREPAID 63.40 C.O.M. MT6 MEAL 8/30/90 8/30/�O 63.40 JOL-CD HAPPY GARDEN VENDOR TOTAL 63.40 H2134 PRE -PAID 46.89 FOFEEITURE PROGRAM 8/30/90 8/30/90 46.89 JK -CD HENN CO - FORFEITURE PROGR VENDOR TOTAL 46.89 W2145 PRE -PAID 288.46 8/18 PR OED 8/30/90 8/30/90 283.46 JOL-CD O N CO SUPPORT 6 COLLECT# VENDOR TOTAL 288.46 12301 PREPAID 512.90 ICMA OF COMP 8/18 PR 8130/90 8/30i7G 512.90 JK-0 ICMA RETIREMENT TRUST-457 VENDOR TOTAL 512.90 12304 PREPAID 91.98 ICMA 8/18 PR 8/30/90 8/30/90 91.98 J K_CD ICMA RETIREMENT TW-401 VENDOR TOTAL 91.98 J2571 PRE -PAID 539.20 80 CONTRACT HOURS 8/30/90 8/30/90 539.20 JX -CD JOHi TAFFE VENDOR TOTAL 53).20 M79 PREPAID 2,485.90 LID 137,75 MINE 51.63- DISC 8/30/90 8/30/90 2,572..02 J NL-0 PRE -PAID 2,907.00 LID 194.00 MINE 60.09- DISC 8/30/90 8/30/90 3,040.91 JNL -CD s " 8/205 WHOLESALE LI# VENDOk TOTAL 5612.93 DATE 8/30/90 TIME 10.20.19 PREPAID CHECK ACCOIM NUlW AMOUNT CHECK t DATE 71-7100-9520 71 -7100 -9560 71-7100 -9600 1010 996.78 30824 8/21/90 71-7100-9510 71- 7100 -9520 71- 7100 -9560 71-7100-9600 1010 1370.64 30854 8/28/90 01- 4020-2200 1010 63.40 30833 8/21/90 01-2300 -0223 1010 46.89 30862 8/30/90 01- 2040 -0000 1010 288.46 30843 8/23/90 01-2040-0000 1010 512.90 30840 8/23/90 01- 2040-0000 1010 91.98 30839 8/23/90 01- 4340-3100 1010 539.20 30832 8/21/90 71- 7100 -9510 71-7100 -9520 71 -7100 -9560 1010 2572.02 30825 8121/90 71- 7100-9510 71-7100-9520 11-7100-9560 1010 3040.91 30855 8/28/90 a 7SS PAGE 3 P U R C H A S E J 0 U R N A L DATE 8/30/90 AP-0O2411 CITY OF MOUND TIME 10.20.19 VENOM INVOICE DUE HMO PREPAID CHECK NO. INVOICE NO DATE DATE STATUS AMOUNT DESCRIPTION ACCOUNT NIADER " AMOUNT CHECK R DATE J2590 PREPAID 211.27 BAGS 71- 7100-2200 8/30/90 8/30/90 211.27 JR6L -CD 1010 211.27 30635 8/22/90 JOMN504 PAPER COMPANY VENDOR TOTAL 211.27 L2959 PRE -PAID 250.00 CABLE HOOK UP -1/2 30- 6000-3100 8/301% 8/30/90 250.00 JRNL -CD 1010 250.00 30853 8/28/90 PRE -PAID 250.00 BAL DUE -CABLE HOOK UP 30- 6000-3100 8/30/90 8/30/90 250.00 JRML-0 1010 250.00 30860 8/30/90 LEE STROHM i ASSOCIATES VENDOR TOTAL 500,00 L2940 PREPAID 1,100.00 TREE REMOVAL 81- 4350-5110 350.00 TREE REMOVAL 01-4340 -5110 8/30/90 8/30/90 1,450.00 JRNL -CD 1010 1450.00 30859 8/28/90 LJTZ TREE SERVICE VENDOR TOTAL 1450.00 loot PRE -PAID 10,857.27 FIT -8/18 PR 01- 2040 -0000 8/30/90 8/30/90 10,857.27 JRNL-CD 1010 10857.27 30836 8123/90 MARCUUM BAN( - MOUND VENDOR TOTAL 10857.27 MT3090 PRE -PAID 1,316.56 SEPT MEDC 8/18 PR 01- 2040 -0000 8/30/90 8/30/90 1,316.56 JRNL -CD 1010 1316.56 30849 8/23/90 MED CENTER HEALTH PLAN VENDOR TOTAL 1316.56 MU3166 PREPAID 198.00 AIR/KT- REIMMB BY IIMC 01-1190-0000 8/30/ 8/30/90 198.00 JRML-CD 1010 198.00 30828 8/21/90 METTUO TRAVEL L TOURS VENDOR TOTAL 198.00 MT3268 PREPAID 173.50 AUG MBA 8/18 PR 01- 2040 -0000 8/30/50 8/30/90 173.50 JRNL -CD 1010 173.50 30850 8/23/90 MN BENEFIT ASSN VENDOR TOTAL 173,50 MU3401 PREPAID 288.00 DEF COMP 8/18 PR 01- 2040 -0000 8/30/90 8/30/90 7'..3.00 J K-CD 1010 288.00 30842 8/23/90 MN RETIREMENT SYSTEM VENDOR TOTAL 288.00 PM20 PRE -PAID 65.26 POSTG-MTR BILLS 73-7300 -3210 65.26 POSTG -NTR BILLS 78-1800-3210 8/30/90 8/30/90 130.52 JRNL -CD 1010 130.52 30834 8/22/90 MOUND POSTMASTER VENDOR TOTAL 130.52 MT3631 PREPAID 577.58 SEPT LTD 8/18 PR 01- 2040-0000 8/30/90 8/30190 577.58 JRML-CD 1010 577.58 30452 8/23/90 MUTUAL BENEFIT LIFE VENDOR TOTAL 577.58 i *I V PAGE 4 8/30/90 8/30/90 PURCHASE JOURNAL AP- CO2 -01 PRE -PAID 8/18 PR BED CITY OF MUND VENDOR INVOICE DUE HOLD R4259 PREPAID NO. INVOICE NmR DATE DATE STATUS AMOUNT DESCRIPTION 749 PRE -PAID 105.00 PRE - REGISTR -NO CNTR ANNA 0 8/30/90 8/30/90 105.00 J x_CD NORTH CENTRAL SECTION AWWA VENDOR TOTAL 105.00 23.44 P39W PREPAID 6,550.26 PERA 8/18 PR 8/30/90 8/30/90 6,550.26 JRNL-CD P E R A VENDOR TOTAL 6550.26 P4030 PREPAID 7,814.46 SEPT PHP 8/18 PR 299.50 SEPT PHP- RETIREE 170.00 JULY PNP DAL 170.00 JULY PMP BAL. 8/30/90 8/30/90 8,453.96 JRNL -CD PHYSICIANS OF MN VENDOR TOTAL 8453.96 94171 PRE -PAID 1,286.41 LIQ 281.35 NINE 28.56- DISC 8/30/90 R/30/90 1,539.20 J K -CD PREPAID 1,906.45 1.I9 wo OR UILC 2,246.33 8/30/90 8/30/90 ITT MINE i SPIRITS VENDOR TOTAL R4237 PRE -PAID 8/18 PR BED 8/30/90 8/30/90 REED 6 POND,LTD VENDOR TOTAL R4259 PREPAID 64 CONTRACT HOMS 8/30/90 8/30/90 RDOERT E JOl#lSON VENDOR TOTAL S4511 PREPAID CR UNION 8/18 PR 8/30/90 8/30/90 STATE CAPITOL CREDIT UNION VENDOR TOTAL 54551 PREPAID 23.44 8/30/90 8/30/90 STATE TREAS -CRIME V1CTM/W+ VENDOR TOTAL 23.44 TOTAL ALL VENDORS 2,246.33 J K-CD 3785.53 95.00 8/18 PR BED 95.00 JRNL -CD 95.00 688.64 64 CONTRACT HOMS 688.64 J K -CD 688.64 508.92 CR UNION 8/18 PR 508.92 J K-CD 508.92 23.44 FORFEITURE PRO" 23.44 J K -CD 23.44 3.019.02 DATE 8/30/90 TIME 10.20.19 PRE -PAID CHECK ACCOUNT NUMBER AMOUNT CHECK = DATE 73 - 7300 -4110 1010 105.00 30864 8/30/90 01-2040-0000 1010 6550.26 50- 8/23/90 01- 2040 -0000 01-4140-1510 01-4140 -1510 78- 7800 -1510 1010 8453.96 30847 8/23/90 71-7100 -9510 71-7100 -9520 71-7100 -9560 1010 1539.20 30827 8/21/90 71-7100-9510 71- 7100-9520 71- 7100 -9560 1010 2246.33 30857 8/28/90 01- 2040 -0000 1010 95.00 30844 8/23/90 01-4340 -3100 1010 688.64 30830 8/21/90 01-2040 -0000 1010 508.92 30846 8/23/90 01-2300-OM 1010 23.44 30863 8/30/90 poP3 • 2 790 PAX 1 PURCHASE JOURNAL DATE 8/30/90 AP- CO2-01 CITY OF ON TIME 11.10.12 YE?RDOR INVOICE DUE HOLD PRE -PAID CHECK N0. INVOICE NO DATE DATE STATUS AMOUNT DESCRIPTION ACCOUNT NL141ER NEW CHECK 1 DATE A0060 2.39 OFFICE SUPPLIES 01 4040 -2100 . 15.90 OFFICE SUPPLIES 01-4090 -2100 25.75 OFFICE SUPPLIES 01- 4140 -2100 15.77 OFFICE SUPPLIES 01-4190 -2100 1.81 OFFICE SUPPLIES 01 -4340 -2100 1.68 OFFICE SUPPLIES 01-4280 -2100 .91 OFFICE SUPPLIES 71- 7100-2100 1.68 OFFICE SUPPLIES 73- 7300 -2100 1.68 OFFICE SUPPLIES 78-7800 -2100 61.80 OFFICE SUPPLIES 01- 4020-2100 501.75 MINUTE,RESOLUTN BOOKS 01-4020 -2100 2.18 OFFICE SUPPLIES 01 -4060 -2100 8/30/90 8/30/90 633.30 JRNL -CD 1010 ACRD- MN/MIDRLST BUSINESS + VENDOR TOTAL 633.30 A0190 300.10 BLACKTOP OIL 01- 4280 -2340 8/30/90 8/30/90 300.10 JRNL -LOT '^t0 ALLIED BLMTOP CO VENDOR TOTAL 300.10 AM 226.25 GO 84 BOND FEES 59- 6000 -6120 8%' rV 8/30/90 226.25 JRIL-CD 1010 AMERICAN NATIONAL BAN( VENDOR TOTAL 226.25 A0369 771.00 MOVE TO NEW SECTION 30- 6000 -3100 8/30/90 8/30/90 771.00 JRK. -CD 1010 APOLLO MWIN3 SPECIALISTS VENDOR TOTAL 771.00 80582 42.00 SUBSCRIPTN- BIOCYCLE 01- 4270-4110 8/30/90 8/30/90 42.00 JRIL-CD 1010 BIOCTCLE VENDOR TOTAL 42.00 C0830 47.43 REGISTER TAPE,ROLLERS 71-7100 -2200 8!30190 8/30/90 47.43 JRNL-CD 1010 CASH 8EGISTER SALES VENDOR TOTAL 47.43 C0838 31.73 CELLULAR TELE 73- 7300 -3220 34.39 CELLULAR TELE 01- 4140 -3220 4.96 CELLULAR TELE 22- 4170 -3220 8/30/90 8/30/90 71.08 JRNL-CD 1010 CELLULAR OIL VENDOR TOTAL 71.08 CD920 11.57 WATER BILL-LI9 STR 71 -7100 -3740 8/3 M 8/30/90 11.57 JRNL -CD 1010 CITY OF MOUND VENDOR TOTAL 11.57 00940 16.71 AUG 3110 RENT 01-4320 -4210 p p y 25.48 AUG RUG RENT 71 -7100 -4110 8/30/90 8/30/90 42.19 JPL -CD 1010 PAGE 2 PURCHASE JOURNAL DATE 8/30/90 AP-0O2 -01 CITY OF MOUND TIME 11.10.12 VENDOR INVOICE ME HOLD PRE -PAID CHECK NO. INVOICE Me DATE DATE STATUS AMOUNT DESCRIPTION ACCOUNT NUMBER AMOUNT CHECK i DATE 9 AN STEP RENTAL VENDOR TOTAL 42.19 00970 343.62 AUG MIX 71- 7100 -9540 8/30/90 8/30/90 343.62 JRNL-CD 1010 COCA COLA BOTTLING-MIOiEST VENDOR TOTAL 343.62 ClO10 61.30 PAGER REPAIR 22- 4170 -3820 8/30/90 8/30/90 61.30 JRNL-CD 1010 COP1MUNICATION AUDITOR VENDOR TOTAL 61.30 C1100 13.00 AUG COCIER MAINT 78- 7800 -3950 8/30/90 8/30/90 13.00 JOE-CD 1010 COPY MICATING PRODUCTS VENDOR TOTAL 13.00 D1150 111.43 DUNE BLACKTOP 73-7300 -2300 200.00 BLACK DIRT 80- 8000 -2350 89.27 BLACK DIRT 01- 4340-2350 8/30/90 8130 /90 400.70 JRNL-CD 1010 D J EXCAVATING VENDOR TOTAL 400.70 D1200 5,348.60 AUG BEER 71-7100 -9530 8/30/90 8/30/90 5,348.60 AL-CD 1010 DISTRIBUTING CO VENDOR TOTAL 5348.60 01320 417.00 AUG CHIEF SALARY 22- 4170-1370 8/30/90 8/30/90 417.00 JRNL -CD 1010 DOIAID BRYCE VENDOR TOTAL 417.00 01350 6.50 LP GAS 01-4280-2200 ""/90 8130/90 6.50 JRNL -CD 1010 DUANE'S 66 SERV1a VENDOR TOTAL 6.50 E1420 6,623.61 AUG BEER 71-7100 -9530 8/30/90 8/30/90 6,623.61 JRNL -CD 1010 EAST SIDE BEVERAGE VENDOR TOTAL 6623.61 E1430 54.53 AUG MTGS-ES 01- 4040-4120 8130/90 8/30/90 54.53 JRNL -CD 1010 EDNARD SHUCLE VENDOR TOTAL 54.53 F1640 35.58 WbALS,PLUNGER 22- 4170-2200 8/30/90 8/30/90 35.58 JRNL-0 1010 FLAFERTY EAUIPIEHNT COW VENDOR TOTAL 35.58 w 54.00 SERVICE -LIQ SECURITY 71- 7100 -3980 7� PAGE 3 PURCHASE JOURNAL AP CITY OF FIND VENDOR INVOICE DUE HOLD N0. INVOICE NO DATE DATE STATUS AMOUNT DESCRIPTI011 8/30/90 8/30 /90 54.00 JK-CD FLOYD SECURITY VENDOR TOTAL 54.00 F1690 160.61 AUG MIX 122.88 AUG MISC 8/30/90 8/30/90 283.49 JRNL-CD FOUR STAR BAR WIPLY VENDOR TOTAL 283.49 F1710 18.06 LUNDI-MDVING DAY 8!30/90 8/30/90 18.06 J K-CD FRAIME CLAW( VENDOR TOTAL 18.06 61820 116.58 SEPT RADIO SERV CONTRACT 56.28 SEPT RADIO SERV CONTRACT 12.06 SEPT RADIO SERV CONTRACT 12.06 SEPT RADIO SERV CONTRACT 76.38 SEPT RADIO SERV CONTRACT 12.06 SEAT RADIO SERV CONTRACT 60.30 SEPT RADIO SERV CONTRACT 28.14 SEPT RADIO SERV CONTRACT 28.14 SEPT RADIO SERV CONTRACT 26.00 MIKE AFFAIR 8130/90 8/30/90 428.00 J K-LD GENERAL COMMUNICATIONS VENDOR TOTAL 428.00 G1870 258.33 AUG MARSHALL SALARY 8/30190 8130/90 258.33 J K-CD GERALD BABE VENDOR TOTAL 258.33 G1890 27.00 AUG WATER COOLER 76.20 AUG WATER COOLER 22.22 AUG WATER COOLER 9.09 AUG WATER COOLER 9.09 AUG WATER COOLER 8/30/90 8/30/90 143.60 JRK.-0 GLENWOOD INGLEWOOD VENDOR TOTAL 143.60 H2O30 124.50 CAR WINDOW REPAIR 8/30/90 8/30/90 124.50 Jul -CD HARMON GLASS VENDOR TOTAL 124.50 H2140 18.00 REPAIR SPKR MIKE 197.56 JLLT BOOKING FEE 8/30/90 8/30/90 215.56 JK -CD HENN CO SIERIFFS OUT VENDOR TOTAL 215.56 M2170 8,308.37 FINAL-110 STOPLIGHT 8/30/90 8/30/90 8,308.37 JRNL-CD DATE 8/30/90 TIME 11.10.12 PRE -PAID CWA ACCOUNT NUMBER AMOUNT DM t DATE 1010 71-7100-9540 71-7100-9550 1010 01-4.'320-4100 1010 01 -4280 3950 01- 4340 -3950 01-4190-3950 01- 4290-3950 01- 4140-3950 01-4040-3950 73- 7300 -3950 78- 7800-3950 22-411-3950 01-4140 -3810 1010 22- 4170 1370 1010 01-4140-4100 01-4090 -2200 01-4280 -2200 73- 7300 -2200 78-7800 -2,'00 1010 01-4140-3810 1010 01-4140-3810 01-4110 -4250 1010 30- 6000 -4100 1010 • • L -I -A 2793 PAM 4 PURCHASE JOURNAL DATE 8/3D/90 AP CITY OF MM1ilQ) TIME 11.10.12 VF7m INVOICE DUE HOLD PRE -PAID OEM NO. INVOICE NO DATE DATE STATUS AMOUNT DESCRIPTION ACCOUNT R M18ER AWI TT CHECK 4 DATE O k CO TREASURER VENDOR TOTAL 8308.37 H2481 1,188.81 WATER METERS 73- 7300 -2300 8/30/90 8/30/90 1,188.81 JRNL -CD 1010 NTDRO_51FPLY CO. VENDOR TOTAL 1188.81 12400 16.00 RESURF ROTOR -842 01-4140 -3810 8/30/90 8/30/90 16.00 JRNL -CD 1010 ISLAND PARK SKELLY VENDOR TOTAL 16.00 J25M 173.33 !EN WORKING SIGNS 01-4280 -2360 80.30 FRESH OIL SIGNS 01- 4280 -23j 173.34 MEN WO<iKING SIGNS 73- 7300 -2300 8/30/90 8130/90 426.97 JRNL-CD 1010 JIM HATCH SALES CO VENDOR TOTAL 426.97 J2533 7.43 AUG MILEAGE -JK 71- 7100-2200 8/30/90 8/30/90 7.43 JRNL-0 1010 JOEL KRUM1 VENDOR TOTAL 7.43 J2535 666.00 PUMI INSPECTIONS 01-4190 -3100 8/30/90 8/30/90 666.00 J K -CD 1010 4w BREITNER VENDOR TOTAL 666.00 K2720 12.59 PUB PARTS 01- 4340-2300 8/30/90 8/30/90 12.59 JRNL -CD 1010 KAUER CO. VENDOR TOTAL 12.59 L2748 42.10 DATE STAMP 01 -4090 -2100 8/30/90 8/30/90 42.10 JRNL -CD 1010 L-J RUBBER STAMP COMPANY VENDOR TOTAL 42.10 L2M 71.00 AUG GASOLINE 22- 4170 -2210 8/30/90 8/30/90 71.00 J K -CD 1010 LABATT'S SPRING PARK SPUR VENDOR TOTAL 71.00 L2811 23.75 FAX SHEETS 73-7300 -2120 23.75 FAX SETS 78-7800 -2100 8!30/90 8/30/90 47.50 JK -CD 1010 LARSON PRINTING 6 GRAPHICS VENDOR TOTAL 47.50 L2880 208.32 ETHICS - REIMS- HARREIL 01 -4140 -4110 8/30/90 8/30/90 208.32 JRML-CD 1010 LEU14 HARRELL VENDOR TOTAL 208.32 PAGE 5 PURCHASE JOURNAL DATE 8/30/40 AP- CO2-Ot CITY OF MOUND TIME 11.10.12 vow INVOICE DUE WWOLD PRE -PAID CHECK N0. INVOICE NMBR DATE DATE STATUS AMOW DESCRIPTION ACCOUNT NUMBER NOW CHECK 0 DATE L2911 6.07 MILEAGE -LS 01- 4090-3340 8/30/90 8/30/90 6.07 JRR -CD 1010 • LOIS SANMUIST VENDOR TOTAL 6.07 L2940 500.00 TREE REMOVAL 01-4280 -4200 400.00 TREE REMOVAL 01- 4340-5110 1,375.00 TREE REMOVAL 01-4340 -5110 500.00 TREE RUM-BILL AVN,FNCH,SPRM 01-1190 -0000 8/30/90 8/30190 2,775.00 JRIL-CD 1010 LUTZ TREE SERVICE VENDOR TOTAL 2775.00 M3030 6,277.70 Alai BEER 71-7100 -9530 8/30/90 8/30/90 6,277.70 JO L -CD 1010 MARK VII DISTRIBUTOR VENDOR TOTAL 6277.70 POW 30.00 TON #21 01- 4140-4240 5/30/90 8/30190 30.00 JRrL -CD 1010 MARTIN'S NAVARRE 66 VENDOR TOTAL 30.00 M3160 48.45 METRO CLINIC CONTRACT 90 -91 01-4040-3100 32.30 METRO CLINIC CONTRACT 90 -91 01- 4190-3100 80.75 METRO CLINIC CN]NTRAt.T 90 -91 01- 4090-3100 226.10 METRO CLINIC CONTRACT 90 -91 01-4140 -3100 16.15 METRO CLINIC CONTRACT 90 -91 01- 4340 -3100 16.15 WM CLINIC CONTRACT 90 -91 01 -4290 -3100 48.45 METRO CLINIC CONTRACT 90 -91 73- 7300 -3100 32.30 METRO CLINIC CONTRACT 90-91 78-7800-3100 32.30 METRO CLINIC CONTRACT 90 -91 71 -7100 -3100 96.90 METRO CLINIC CONTRACT 90 -91 01- 4280-3100 8/30/90 8/30/90 619.85 JRNL-CD 1010 METRO CLINIC OF COUNSELING VEINDOR TOTAL 629.85 M3170 31,856.39 SEPT SEVER SERVICE 78- 7800 -4230 9,416.51- SEPT kW-R SERVICE 78- 1190-0000 477.48- SEPT SUB SERVICE 78- 3812 -0000 8/30/90 8/30/90 21,902.40 JRNL -CD 1010 METRO HASTE CONTROL CO41If VENDOR TOTAL 219V2.40 M3207 110.17 FUSES,TIES 01- 4290-2250 8/30/90 8/30/90 110.17 JRNL -CD 1010 MIDWEST BOLT & SUPPLY VENDOR TOTAL 110.17 PM40 29.98 SEPT PAGER REM 01-4140-3950 8/30/90 8/30/90 29.98 JRNL -CD 1010 MINN CO41 PAGING VENDOR TOTAL 29.98 M32B9 33.00 SUSPENDERS 22- 4170 -2200 8/30/90 8/30/90 33.00 JRTL-CD 1010 • A 74Y PAGE 6 PURCHASE JOURNAL DATE 8/30/90 AP- CO2 -01 CITY OF MOl1ND TIME 11.10.12 VENDOR INVOICE DUE HOLD PREPAID CHED( NO. INVOICE NMBR DATE DATE STATUS NEW DESCRIPTION ACCOW NLM9ER AMOUNT CHECK i DATE *CONWAY FIRE L SAFETY VENDOR TOTAL 33.00 M3489 2,604.00 SIX RADIOS 22-4170-50W 8/30/90 8/30/90 2,604.00 JRIL -CD 1010 MOTOROLA INC VENDOR TOTAL 2604.00 M3490 3,142.00 AUG SALARIES 22- 4170 -1390 1,167.00 AUG MAINT 22-4170 -3190 998.50 AUG DRILLS 22-4170-1380 8/30/90 8130/90 4,907.50 JRHL -CD 1010 MOUND FIRE DEPARTMENT VENDOR TOTAL 4907.50 ![3500 5,359.00 SEPT FIRE RELIEF PENSION 95-9500 -1400 8/30/90 8/30/90 5,359.00 JRK.-CD 1010 MOUND FIRE RELIEF ASSN VENDOR TOTAL 5359.00 N3719 3,070.66 ADJ MANHOLE RINGS 78- 7800 -2300 8/30/90 8/39/90 3,070.66 JRII -CD 1010 NEETWI FOUNDRY CO VENDOR TOTAL 3070.66 N3740 52.40 FRESH OIL SIGNS 01 -4280 -2360 80.25 REFLECTIVE TAPE 73- 7300 -2300 8/30/90 8/30/90 132.65 JRNL-CD 1010 SIGNS VENDOR TOTAL 132.65 N3802 5,039.72 AUG STREET LIGHT ELECTRICITY 01- 4280 -3710 9!30/90 8/30/90 5,OGi. R J K-CD 1010 NORTHERN STATES POWER VENDOR TOTAL 5039.72 P3994 128.75 AU5 WINE 71-7100 -9520 8/30/90 8/30/90 128.75 JRK. -CD 1010 PAUSTIS 6 SONS VENDOR TOTAL 128.75 P4000 258.14 AUG MIX 71- 7100.9540 8/30/90 8/30/90 258.14 JRTL-CD 1010 PEPSI -COLA COMPANY VENDOR TOTAL 258.14 P4060 2,894.55 AUG BEER 71- 7100-9530 P/30/90 8/30/90 1,894.55 JRK.-CD 1010 PCGREBA DISTRIBUTING CO V9W TOTAL 2894.55 R4199 450.00 RETlOW LIGHTS-PHILBROOK 60-60('0-5000 8/30/90 x /90 450.00 IRYL-CD 1010 R.C. ELECTRIC, INC. VENDOR TOTAL 450.00 at 7 9 to PAGE 7 PURCHASE JOURNAL DATE 8/30/90 AP- CO2 -01 CITY OF MOJND TIME 11.10.12 VENDOR INVOICE DIIE HOLD PRE -PAID CHECK NO. INVOICE NMBR DATE DATE STATUS AhOIM DESCRIPTION ACCOWT NllW AMOLW CHECK t DATE R4209 104.67 AUG GARBAGE 01- 4320 -3750 8/30/90 8/30/90 104.67 JRK -CD 1010 RAFT'S SANITATION VENDOR TOTAL 104.67 R4280 200.00 AUG ASST CHIEF SALARY 22- 4170 -1370 8/30/90 8/30/90 200.00 JRK-CO 1010 RONALD MARSCHKE VENDOR MIA 200.00 R4290 464.68 AUG ICE 71 -7100 -9540 8/30/90 8/30/90 464.68 JRK-CD 1010 ROT'S ICE COIPANY VENDOR TOTAL 464.68 S4450 24.00 A/C DISPOSAL 73- 7300 -4;00 8/30/90 8/30/90 24.00 JRK-CD 1010 ST BOrI FARM STORE VENDOR TOTAL 24.00 S4600 95.35 MOUTH PIECES,BATTERY O1 -4140 -2200 8/30/90 8/30/90 95.35 JRK-CD 1010 SIRE IDO'S VENOM TOTAL 95.35 S4610 518.40 TIRES 01- 4140 -3810 8/30/90 8/30/90 518.40 JRK-0 1010 SUBlR13iiN TIRE CO VENDOR TOTAL 518.40 54643 75.00 UNLOCK DRAWER 01-4190-3100 8/30/90 8/30/90 :5.00 JRK_CD 1010 90NSON LOCK VENDOR TOTAL 25.00 T4716 41.50 TE11P HELP 73- 7300-1300 8/30/90 8/30/90 42.50 JRK-CD 1010 TEWORARIES TO 00 VENDOR TOTAL 42.50 T4730 19.50 LEGAL AD- ELECTIONS 01-4060 -3500 17.16 LEGAL. AD-MTG CHANGE 01-4020 -3510 28.60 LEGAL AD-GARAGE REROOF 01 4340 -3510 10.40 LEGAL AD-CDBG -COT' PLAN 16-5894 -3100 8/30190 8/30/90 75.66 F&-CD 1010 THE LAKER VENDOR TOTAL 75.66 74770 15,010.00 AUG BEER 71- 7100 -9530 8/30/90 8/30/90 15,010.00 JRK -CD 1010 MM DISTRIBUTING CO VENDOR TOTAL 15010.00 T4790 199.00 POLAROID FILM 01- 4140 -2200 20.99 FILM 78-7800 -2300 8/30/90 8/30/90 219.99 JRK -CD 1010 0 h J • Al 47 PAGE 8 PURCHASE JOURNAL DATE 8/30/90 AP- CO2 -Ol CITY OF MOUND TIME 11.10.12 VENDOR INVOICE ME HOLD PRE -PAID CHECK NO. INVOICE NMBR DATE DATE STATUS AMOUNT DESCRIPTION ACCOLKT NUMBER AMOUNT CHECK 4 DATE 1 6FTY WHITE DRUG STORES VENDOR TOTAL 219.99 T4831 10.20 OXYGElN,GRINDING WHEELS 73- 7300 -2300 10.20 OXYGEN,GRINDING WHEELS 01-4290 -2200 8/30/90 8/30/90 20.40 JRNL-CD 1010 TOLL COMPANY VENDOR TOTAL 20.40 T4%6 35.27 GAUGE 01-4290 -2310 8/30/90 8/30/90 35.27 JRNL-CD 1010 IOWA AUTO BODY SIPPLY VENDOR TOTAL 35.27 V5190 2,177.50 CDBG -COPR PLAN 16- 5894 -3100 8/30/90 8/30/90 2,177.50 JRNL -CD 1010 VANDORENN- HAZARD-CTALLINlGS VENDOR TOTAL 2177.50 VV52240 52.83 COOLING FAN 01-4140 -3810 8/30/90 8/30/90 52.83 JRNL -00 1010 VILLAGE CHEVROLET VENDOR TOTAL 52.83 W5440 620.13 KIT REPLACEIW-TV 22 -4170 -2200 8/30/90 8/30/90 620.13 JRNL -CD 1010 TEROIS COMPANY VENDOR TOTAL 620.13 170.66 AUG GARBAGE 01- 4340-3750 8/30/90 8/30/90 170.66 JRNL-CD 1010 iESTUNCA SANITATION VENDOR TOTAL 170.66 N5630 68.00 FABRIC 01-4340 -2300 8/30/70 8/30 /90 68.00 JO L-CD 1010 MIDMER INC VENDOR TOTAL 68.00 N5700 1,550.00 SEPT RETAINER 01-4110 -3100 2,267.00 JULY PROSECUTION 01-4110 -3120 8/30/90 8/30/90 3,817.00 ML-CD 1010 IUtST- PEARSOI- LARSON VENDOR TOTAL 3817.00 X5750 54.05 PRINC -1012 01-4320-5000 2. IMT -1012 01- 4320-6110 8/30/90 8/30/90 56.77 JRNL -CD 1010 001 CORPORATION VENDOR TOTAL 56.1/ 16070 100.00 AUG ASST IWRSHALL SALARY 22- 4170-1370 8!30/90 8/30/90 100.00 JRNL-CD 1010 M104AEL PALM VE7N10 ,u i AL 100.00 0 64 Uor PAGE 9 PURCHASE JOURNAL DATE 8/30/90 AP-02-01 CITY OF MOUND TIME 11.10.12 VDmt INVOICE DUE HOLD PRE -PAID DIECK NO. INVOICE NMBR DATE DATE STATUS AMOUMlT DESCRIPTION ACCOUNT NUMBER AMOUNT DECK t DATE TOTAL All VENDORS 108,507.94 Dopy • �J • $0 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION September 10, 1990 c. Case No. 90 -9 Catherine Moynagh & Gl Tilton, 2561 Wexford Lane L ots 3 - 13 Block 7, Se 924 117 -24 -14 606 . VARIANCE: Si Yard Setback to an Existing Noncon- f ormi'ng L o R ecord . City Planner, Mark Koegler, reviewed the applicants request as outlined in the Building Official's report. The existing struc- ture is setback 13.3 feet from Wexford Lane. The applicant Proposes to demolish the existing structure. They would like to rebuild in basically the same footprint, however adding a 26'4" x 30' second story, extend 2 feet more to the east, and extend 8 feet further to the north resulting in a 2.2 foot encroachment into the required 10 foot side yard setback. A practical difficulty exists by reason of the existing founda- tion location and topography of this lot. Staff recommended ap- proval of the variance of 2.2 feet to the required side yard set- back of 10 feet to a nonconfor;..,ng lot. The applicant handed out a copy of his survey showing the build- ing envelope highlighted. Jensen commented that he does have a restrictive building envelope, ther;:fore there is practical dif- ficulty. She also commented that the structure is located on a dead end street. Mueller suggested building towards the wetlands. The applicant noted that there are two large maple trees at the rear of the house. MOTIuN made by Weiland, seconded by Voss to approve staff recommendation upon the condition that the 8.3' x 7.5' shed be removed and the house be removed down to the foundat;on at first floor level and be rebuilt to meet current building code. Motion carried unanimously. This case will be heard by the City Council on September 12, 1990. • • C • sic A VNi � 9 -10 -90 ADD ON ITEM : City Council Agenda September 13, 1990 CASE NO. 90 -933: CATHERINE MOYNAGH, 2561 WEXFORD LANE, SETON, LOTS 3 - 13, BLOCK 7, PID 1124- 117 -24 14 0001. REQUEST: SIDE YARD SETBACK VARIANCE TO AN EXISTING NON- CONFORMING LOT OF RECORD Pg. 2800 -2810 i � � ("T F) N I(A YN 1) STAFF RECOMMENDATION DATE: TO: FROM: CASE NO.: APPLICANT: LOCATION: LEGAL DESCRIPTION: SUBJECT: ZONING: BACKGROUND Planning Commission Agenda of September 10, 1990 Planning Commission, Applicant and Staff Jon Sutherland, Building Official 90 -933 Catherine Moynagh / Glenn Tilton 2561 Wexford Lane Lots 3 - 13, Block 7, Seton PID ##24- 117 -24 -14 0001 Side Yard Setback Variance to an Existing Non- conforming Lot of Record R-3 Two Family Residential This parcel is nonconforming by reason of the inadequate front yard setback to Wexford Lane. The required front yard setback is 30 feet, the existing setback is 13.3 feet. The applicant requests a variance of 2.2 feet to the side yard for the proposed addition to the existing dwelling including a 675 square foot bedroom /bath addition to the second floor. There is a full basement under the existing building with excep- tion of a portion in the rear. This foundation is in relatively good condition. One alternative the applicant has expressed would be to remove the existing dwelling from the site and re- construct the exact floor area as the variance requested above. The Planning Commission may want to consider this alternative, along with a possible location for a garage site. In either case, the applicant will be required to meet all aspects of the State Building Code, including the State Fnergy Code. is • Zto l Staff Recommendation Case No. 90 -933 Page 2 RECOMMENDATION A practical difficulty exists by reason of the existing founda- tion location and topography of this lot. Staff recommends ap- proval of the variance of 2.2 feet to the required side yard set- back of 10 feet to a nonconforming lot. NOTE 1'3 This case will be heard by the City Council on September 1990. The abutting neighbors have been notified. is s 2aoZ 2 319190 w r CITY OF MOUND CITY OF MOUND PART If Case No. _ ��' —._ Date F i led_ Fee_— ___ $50 . _._ - -- VA RIANC E APPLI CATION PLANNING a ZONING COMMISSION (Please type or print the following information.) Address of Subject Property_--_ - =`'� ���- _-- ___.____-- - - - - - -- n Lot - - -- = - J— - - -- - - - - -- - — - - -- — - -- Block -- - -- _ Addition _ _ �� �l --- - - - - -- -- - -- P t D No. Owner's Name Day Phone --- Owner's Address /D__ Applicant's Name (if other than owner) Address - -- - -- -- - -- — -- - - - - -- Ex i st i ng Use of Property: Zoning District Has an application ever been made permit, or other zoning procedure list dates) of application. action Day - __ —_ -- for zoning, variance, conditional use wor this property? tee s__/ no` . If yes, taken, and provide resolu n number(s) (Copies of previous resolutions must accompany this application.) 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 ac- curate. 1 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 Ian. App I i cant's S i gnature - j c —'/ _ -�? �t .�>� ; Datey FOR OFF ICE USE. ONLY: P l a n n i n g Commission Recommendat ion Date Council Action: - - -- Resolution No. __ Date m; VARIANCE APPLICATION Case No. qv 9 1. Does the present use of the property conform to all regulations for the zoning district in which it is located? Yes �), No ( ). If no, specify each non - conforming 2. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which * J6 located? Yes ( ), No TA. If no, specify each non - conforming use: 3. Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow ( ) topography ( ) soil ( ) too small ( ) draina ( ) sub - surface ( ) too shallow ( ) shape ) other: specify 4. Was the hardship described above having property interests in the I adopted? Yes ( ), No ( ) If J yes, � ; r created by the action of anyone and after the zoning ordinance was explain 5. Was the hardship created by any other man -made change, such as the relocation of a road? Yes +/--') , No ( ) . If Yes, explain • Q VARIANCE APPLICATION Case loo. % - C1 33 • 6. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes , No ( ). If no, how many other properties are similarly affected? 7. What is the "minimum" modification (variance) from the area, bulk, and setback regulations that will permit you to make reasonable use of your land? (Specify, using maps, si e p Lans with ciimensions and wri!:- ten explanation. Z-.6 X 3 O' + S X 1, 9M Will granting of the variance be materially detrimental to property In the same zone, or to the enforcement of this ordinance? PART III J. SITE PLAN INFORMATION: All supporting documents such as sketch plans, attachments, et e., must be submitted in 8- 1 /2 "xli" size. If larger drawings are submitted, one must be 8 -1/2 "x11 ", and 15 larger size copies must be provided. For each requested zoning variance procedure, a site plan must be attached at a scale large enough for clarity show- ing the following information: 1. Location, area, and dimensions of existing and proposed: (Lot(s), building(s), driveways) /street access, off -- street parking, a ')d utilities. L. Existing and proposed elevations. 3. Distance between: building and front, side and rear lot lines: principal building and accessory buildings; principal building and principal buildings on adjacent lots. 4. Location of: signs, easements, underground utilities, etc. 5. Indicate "north" compass direction. 6. Any additional information as may reasonably be required by the city staff and applicable sections of the Zoning Ordinance, 0 Z$O N /� August 23, 1990 Mound Planning Commission: We purchased the house and property located at 2561 Wexford Lane in Mound in July of 1990. We planned to update the interior and exterior to bring it up to code and make it livable. After purchasing the house, we found that the addition (The only two bedroans) had been built without any footings. The cement blocks were Laid directly on the ground. So we decided to remove the addition and construct it with the correct footings and also to make the bedrooms a little larger as the roans are only 8' wide. We are also considering adding a partial second floor which will consist of a master bedroan suite with a bathroan in order to take advcttage of the beautiful lake view. When we went to apply for a building permit, we found that the house was set too close to the street (14') and that we would need a variance in order to proceed. At this time we would like you to consider our application for a variance. We are enclosing a copy of the survey and the proposed changes that we would like to make. We are also enclosing a note from the only abutting neighbor indicating that she has no objections to the changes. Aslo enclosed are some pictures of the house as it looks now. We have invested several thousand dollars of our savings in the down payment on this house and, of course, we must make monthly payments so we need to proceed as quickly as possible. We would like to be able to canplete the exterior work this fall so that we could work inside the house during the winter. Therefore, we would like you to review this information and put this on the Agenda for September 11th so that we could start as soon as possible. Thank you. Cordially yours, Catherine Moynagh & Glenn Tilton 4840 Bedford Road 472 - 3820 -home 474 -5243 -work - 6T3 - 9�� 2806 CERTIFICATE OF SURVEY Prepared for MCRIN45 M0YAIAGH I � : �. o 200.00 — ° k c - � � f 1Rt.► \\ �, 4 9.5 First fl\ .} 140.) E1H ■lRI.) Y ►. N iMt�135i - xl*4-1 x140.3 yNJx �t.o , +r -- � Flcv. ■941.6 Z « i ILO I4O.6 x 0 ! % r A� \ x 115.1 O Y� - ---�- 4 N X ZOO. 0O CARR _ ROAD C un im proves) LEGAL, DESCRIPTI Lots 4 thru 13, irv- lusive, Block 7, SETON, accor6ing to the recorded plat thereof, Hennepin County, Minnesota. 1% GENERAL NOTES 0 DenofeG iron 3()r) of 9h1. 7 28.E 2565 �m 1 a N \ra. oast 8Fivtt Fl\ Efcv *941.�i �— N oft X90,9 o t 1 • ••m i. � Garage F( 6lcv. =MI.B Qo 1364 I I Q - c a4 `� x • e • n Zt)o9 ZONING REQUIREMENTS l j0 3 00 -� \ ADDRESS: Z�JbI Wexfb LAWS 1 \ APPL I CANT: _ C ATIMIN S M OYMA" ' ' h CD \ ` t` LOT Af j�? BLK : -7_ ADDN: J ZONE: REQUIRED LOT AREA: 6 EXISTING LOT AREA: ,� 0 A ORO LA REQUIRED SETBACKS / w RF so 4o 40 40 40 4a so s0 M = FRONT: 40 >>• tt G S00 40 0 40 • 14 i a SIDE: k . LA ° a - C tosos I 40 0 40 So — _ o °� REAR: 15 feet two LAKESHORE: SO feet M 40 p' O 0 40 O o o SO 4o o a O 10 A! F SIn BJ jw ,y6d 9 /I EXISTING b PROPOSED SETBACKS of,403 957 o ♦0 0 ♦0 40 40 0 4 40 4c 0 0 30 4 N to ' ° FRONT: z SIDE: 1514- SIDE: t 1� T REAR: jGn� LAKESHORE: f DATE : � BY: c _ -r Q r 4 "L " A �� McCombs Frank Roos Associates, Irc. r I I f September 12, 1990 Mr. Edward J. Shukle, Jr., City Manager City of Mound 53 Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota City Hall Addition and Remodeling MFRA #8878 Dear Ed: Enclosed is Shingobee's Payment Request No. 5 for work completed through August 31, 1990, on the subject project. The amount of this payment request is $130,747.34. We have reviewed this request, find that it is in order and recommend payment in the above amount to the Contractor. us . If' you have any questions or need additional information, please contact Sincerely, McCOMRS FRANK RODS ASSOCIATES, INC. Steven W. Jantzen,,f.E., A.I.A. SJ:jmj { {nc l osures • CHANTS 'FDEF SUMMAPY - --------------------------------- !DII1iONS DECUCTIONS ----------------------- t01!; fFEVI'US S -109.00 .............................. CURRENT STATUS ORIGINAL CONTRACT SUN 70297.��: NET Of CHAIGE ORDERS 154 CONTRACT SUN TO DATE 77A77'.7' TOTAL COMPLETED AND STORED RETAIWI: COMPLETED WORE STORED MATERIAL THIS 1EFI(D (0 1 CATS ---- •---- - - - - -- ? 10 0': ?1,90 I1 d1.?1�9a -------- - - - - -- - - RE1 CHAIGB -1000.00 el5a•aa 2914.0a 511.20 11 ?0.Sb ila2.ea --------------------- 1 -2a9 15475.70 THE Lll%PSISNED ' ;OTP.ACTOP. CEPTIFIES THAT TO THE EES1 Of 81 ENOWLEDGE 10. AND EELIEF THE WO11. CC'r'EP.BD BY THIS APPLICATION FOR I!Y40' HAS EEEI " MILITED IN ACCOFDANCE WITH THE CONTRACT DOCU- NEM'S, 'HA/ ALL !K:UNTS HAVE BEEN PAID BY HIM FOR WOP.E FOP. WHICH 1P111(US CEFTIfl(ATES tOF. FAYMENT WEPE ISSUED AND PAYMENTS RECEIVED IRCM THE OWNER,, AND 1P.AT CURRENT PAYMENT SHOWN HEREIN IS IOW DUB. SHIN(X)FIEF NJIIDFRS INC. TOTAL REIAIIAGE TOTAL EARNED LESS RETAINAGE LESS fP.lVIOUS CEPTIFICATES 1 CURRENT PAYMENT DUE 1 ",?4 BALANCE + P.EtAINAGE 29SE ", III STATE Of: i "ti COUNTY IF: 7 SUBSCilEED AND SW(PI TO EE!CFE ME THIS /o DAT Of r f �' 19 ` r NOTARY FUELIC: NY CO"ISSIONp1RES, 1 TNOMAS L COMM I n. NOTARY PUBLIC, MINNESOTA WRIGHT COUNTY I T? 4:' F : Doenmmsion Expires 1.23.92 .ATE, r - — --G AFCHITE'1 S CERTIFICATE FoF FAYMENI AMCUIT CEPTITIBD ............... $ ln a tltt the C :ttri :t D' : ".'Jv nts, based ?n ;n (Attach eiplinit m if 11: Caltlrlat ditrprs tcor,J'.1 inb 'h° data "Cu r1FinI tba ablle 3pph ltiCD, fr41 the avC tt 3ppI1!d k r.l t' !r :lt':t :�rtJil�s t: the , W r that t: the best of th! ARCHITECTt a nrt� s tn:v! inl :r 3ti:n and ballet the Work has tD! 7ucllty of tb! Work is in B1, j D3ta: i:tt '.ha '".t![3`t oc'uv nts, and the CrDtra:t7r This certlflelte 11 act '079 :tlable. Tha AM "N! , ,;,1 �, ;x ,•, , rb. �y ;9lT CEPTIFIED. CEPTIFIED is p3Tlble .nI7 t^ the C:Dtry t,r 1 ("Ant)'. F'r,lTik Ro . .v; -,oc. hr. owd horain. Issuance, pi7vnt and vrr ptv 1`tJ`,r) 71ni Awrnw N>rth of p171!nt 3r! vitb:ut proplli:! t• iD7 rW1.1 I'lyrrrr,rh 'N 5Y4 of the 0v0!r I C:ntr3ct:r 10 dar this C:ntri ^,. AFFLICATICI AID CEPTIFICATE FOR PAYMENT PAGE 1 T0: CI TT !! hOUID [RCM: SHIOGOE19 BUILDERS, INC. 5 ?41 4000O PC!D fRO,ECI: MOUND CITY BALL AFFLICATICN 10: h.l'tD MN 55 -54 Slil"HFE HUIIDERS INC. PERIOD FROM: 279 North Medina Street TOt Loretto MN 55357 ARCHITECT S !TTENTI(I: CONTRACT FOR, ADDITION I MODEL PP,OACT 101 � - -- ------------ CONTRACT DATE, 044 , ?t -- - - -- --------------------------------------------------------------------------------------------------- CCNTRACTOR'S APPLICATION FOR PAYMENT CHANTS 'FDEF SUMMAPY - --------------------------------- !DII1iONS DECUCTIONS ----------------------- t01!; fFEVI'US S -109.00 .............................. CURRENT STATUS ORIGINAL CONTRACT SUN 70297.��: NET Of CHAIGE ORDERS 154 CONTRACT SUN TO DATE 77A77'.7' TOTAL COMPLETED AND STORED RETAIWI: COMPLETED WORE STORED MATERIAL THIS 1EFI(D (0 1 CATS ---- •---- - - - - -- ? 10 0': ?1,90 I1 d1.?1�9a -------- - - - - -- - - RE1 CHAIGB -1000.00 el5a•aa 2914.0a 511.20 11 ?0.Sb ila2.ea --------------------- 1 -2a9 15475.70 THE Lll%PSISNED ' ;OTP.ACTOP. CEPTIFIES THAT TO THE EES1 Of 81 ENOWLEDGE 10. AND EELIEF THE WO11. CC'r'EP.BD BY THIS APPLICATION FOR I!Y40' HAS EEEI " MILITED IN ACCOFDANCE WITH THE CONTRACT DOCU- NEM'S, 'HA/ ALL !K:UNTS HAVE BEEN PAID BY HIM FOR WOP.E FOP. WHICH 1P111(US CEFTIfl(ATES tOF. FAYMENT WEPE ISSUED AND PAYMENTS RECEIVED IRCM THE OWNER,, AND 1P.AT CURRENT PAYMENT SHOWN HEREIN IS IOW DUB. SHIN(X)FIEF NJIIDFRS INC. TOTAL REIAIIAGE TOTAL EARNED LESS RETAINAGE LESS fP.lVIOUS CEPTIFICATES 1 CURRENT PAYMENT DUE 1 ",?4 BALANCE + P.EtAINAGE 29SE ", III STATE Of: i "ti COUNTY IF: 7 SUBSCilEED AND SW(PI TO EE!CFE ME THIS /o DAT Of r f �' 19 ` r NOTARY FUELIC: NY CO"ISSIONp1RES, 1 TNOMAS L COMM I n. NOTARY PUBLIC, MINNESOTA WRIGHT COUNTY I T? 4:' F : Doenmmsion Expires 1.23.92 .ATE, r - — --G AFCHITE'1 S CERTIFICATE FoF FAYMENI AMCUIT CEPTITIBD ............... $ ln a tltt the C :ttri :t D' : ".'Jv nts, based ?n ;n (Attach eiplinit m if 11: Caltlrlat ditrprs tcor,J'.1 inb 'h° data "Cu r1FinI tba ablle 3pph ltiCD, fr41 the avC tt 3ppI1!d k r.l t' !r :lt':t :�rtJil�s t: the , W r that t: the best of th! ARCHITECTt a nrt� s tn:v! inl :r 3ti:n and ballet the Work has tD! 7ucllty of tb! Work is in B1, j D3ta: i:tt '.ha '".t![3`t oc'uv nts, and the CrDtra:t7r This certlflelte 11 act '079 :tlable. Tha AM "N! , ,;,1 �, ;x ,•, , rb. �y ;9lT CEPTIFIED. CEPTIFIED is p3Tlble .nI7 t^ the C:Dtry t,r 1 ("Ant)'. F'r,lTik Ro . .v; -,oc. hr. owd horain. Issuance, pi7vnt and vrr ptv 1`tJ`,r) 71ni Awrnw N>rth of p171!nt 3r! vitb:ut proplli:! t• iD7 rW1.1 I'lyrrrr,rh 'N 5Y4 of the 0v0!r I C:ntr3ct:r 10 dar this C:ntri ^,. CCN71NUATICK SHEET APILICATION AND CEPTIFICATE FOR PAYMENT EASE FROM: SHINGOBIE PUILDIRS, INC. APPLICATION PUMPER: 5 viii uF MOUND IRCJICT: MOUND CITY BALL AFFLICAIICN DATE: 5311 MAYWGGD P. k PERIOD FRCM: MOUND MN 55364 CONTRACT FORT ADDITION / REMODEL ARCHITECT'S FROJECT 10: ? A -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 8 - - - - - - - - - - - - - - - C - - - - - - - - - - - - - - D - - - - - - - - - - - - - I - - - - - - - - - - - - - - - F - - - - - - - - - - - - G - - - - - - - - - - - - - - - - - - - - - H - - - - - - - - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WORI COMPLETED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - - -- TOTAL MATERIAL COMPLETED CAT SCHEDULED FPEVIOUS THIS IRISEITLY AND STORED 1 FALAPCE 10. ...------------------------------------------------------------------------------------------------------------------------------ DESCP.IFTION OF NOR! VALUE APPLICATIONS PERIOD StoP,ID TO DATE COMP, TO FINISH FFTAIRAGB 1? ;EPEPAL REQUIREMENTS 34449.0e 50663.40 12665.85 @.00 @3329.25 15 21119.15 241; DEMOLITION 15359.02 3011.80 8447.45 0.00 11519.:5 75 :'. ?9.'S 22tu EICAVATINI, BACF.FILL s CCMF 149:e.0 11356.00 0.8e e. e4 11856.00 °e 0 :1 °S ' 251? ASIHALTIC F WAG 230 ?0.00 e.09 0.00 0.00 e.ee 0 :340�.ea loll WEE SIP.VI1:E 12910.08 12919.0@ 8.90 0.90 12918.08 lee 4.00 2850 PF AIRING WALLS 5176.00 1294,00 2588.00 e.00 3882.00 75 1294.0@ c ' 334u CAST-IN -FLA :S ( ^ICPETE 12e45.0 64840.58 36e2.25 0.04 6Aa42.75 95 3602.25 1 4 15 FFECAS9-CONCF:ETE I015e.00 le45A.00 0.ee 0.80 1450.00 lee 0.00 1`!`. •'. 5i 2v SIFU:TURAL MISC. STEEL 1505..44 15052.@9 0.00 0.08 15052.00 lee 4.0? 15?9 :? 60?1 R.(UGH CAPPER *R1 t87B,ee 2463.40 1719.50 0.08 3782.90 55 3 @95.10 044 FINISH CAR.F W.Ti 24045.40 4.04 0.00 @.88 0.00 a 24045.00 'l04 BITUMINOUS CAMFFF^OFING 9ea,ee 904.ee e.ee 0.00 504.00 let 0.00 40 C(hTED IISULATI06 SYSTEM 44740.99 22314.09 11185.98 0.00 33555.00 75 11185.00 3355.5' 1:70 FIP.ESTOPPINS 629.60 314.00 0.08 0.98 3!4.00 50 314.00 :'1 1 1532 ELASTCMERIC ROCFIIG 14369.04 12932.18 718.45 8.80 13650.55 95 718.45 1365.• ?� 1 940 J( SEALERS I lee .88 650.08 0.00 0.00 650.00 50 650.00 f5.9a ?110 STEEL DOORS %, FRAMES 1 @788.09 1091.80 1478.80 0.00 8085.e0 75 2595,49 °09.5? 1 W WOOD DOORS 2652.00 1326.00 663.00 0.00 1999.08 75 663.00 19 ?.?? 8351 PL' ?DING SLAT DOOR 1140. 10 4.08 0.80 9,09 9.00 8 110, 04 !.1. 8360 SFCTICIAL CIEPHIAD 2611.00 2671,09 0.00 0,00 2671.00 100 0.00 :F .I' 9 FINISH H.9DWhPo 8827.@e 3972.15 2649,10 0.09 6629.25 75 2206.15 8340 GLASS 4 GLAZING 5208.90 2349.00 1040.00 0.00 3380,00 65 1820.00 ? ?0 '? 9 ai METAL STUD SYSTEM 28517.00 11110.28 4271,55 0.00 21387.75 75 7129.25 2 1 ?9.7? 9311 CERAMIC TILT FLOORS 392e.00 0.88 235:.00 e.e9 2352.00 6@ 1569.00 :35.21 9510 ACOUSTICAL :E1LIVS 3160.00 0.00 1896.00 0.08 1896.08 68 1261.0e 1?9.67 9t5�1 FF.SILIENT FLOOF. 980.00 0.00 0.00 0,0e 0.88 a 94.0a '.?° 9t 10 CARPETING 13632.08 10224.09 4.00 0.00 19224.00 75 3408.40 1? :: i� 994u FAINTING 18500.00 0.00 8325.t0 O,e9 8325.00 45 1e175,On I?: SC IeIt0 MLIAL TOILE! CcWPTMERT 1142.00 0.00 571.00 4.84 571.04 50 5'1.99 5 1 IP:10 811AL WALL L'IUVEP.S k? .0 0.00 1660.00 0.09 16(x.00 109 0.00 0.80 4.92 0 IPs.4c F;J I.TIC0 1F4 C[ 0t 0.00 1126.00 let 0.4 �.' l�; ST�PAGB PACrS let3.09 0.04 9.44 0.09 0.09 d 106° IF ?4u TOILET S PATS ACCESS. 15 ?9.ee 0.ee 918,09 4.4@ 918.te 6e 612.00 TAL L'�U,EF ELI e,00 0.0e 0.e9 0.09 9 9a0.ea 11.45 H' ILE',A1CRS x1:13.40 1 °106.50 10:6 1.90 0.00 :1; 1 0.40 80 6 ?42.69 'i • , :PNTIRUATICN SHEET APFLICATION AID CIP.TITICAT8 FOR PAYMENT FAGS IROM: SHINGOB11 BUILDIRS. INC. APPLICATION NUMBER: 5 0: CITY OT M "l'ND FP.OJICTi MOUND CITY HALL AFFLICATI(N DATE: ? 11 5341 MA'i1(OD PG AO FSP.IOD TRCM: MCUND MR 5S'f4 CONTRACT TOR: ADDITION 1 REMODEL TOt ARCBITICT•S PROJECT NO ! - -- - - - - - - - - - - ------------------------------•------•------------------------------- A B C D I ••------------ f •----- G -• - - -- - - - - - - - - - - 8 - - - - - - - - I - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - - WORI COMPLETED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------- - - -- - -- TOTAL MATEPIAL COMPLETED CAT SCHEDULED FPEVIOUS THIS PRESENTLY AID STOPED 1 BALANCE NO DESCF:PTI'N OT P.M. VALUE APPLICATIONS PERIOD STOP.ID T: DATE CORP. TO FIRI5H -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - •- - - 15d03 4';AC - - - - - - - - - - - - 123700.00 - - - - - - - - - - - - - 43:95.04 - - - - - - - - - - - - - 31110.00 - - - - - - - - - - - - 0.00 - - - - - - - - - - - - - 80405.03 - - - - - - - - 65 - - - - - - - - - - - - - 4', =95.0 - - -- - - - - -- 4'1•?.5' 1543 1LU4!ING 25115.00 11598.75 5155.00 0.00 1( 153. 65 9 @:1.:5 ' t550 FIFE FP 1 :N 19503.40 9250.00 1850.00 0.00 11100.00 60 1 441).'3 I.Oa1 !'LECTF'r!L 57695.00 .'5962.75 11539.00 0.00 - . 37501.15 65 19' l;d?•? EFHE! -C r FR�FIT 53k)0 -d -? 29154.44 1950.04 0.04 31104.04 'd IS9��!.'•) 3'l�.?' -- - - - - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6UI'T9 "AL - .:PIGIN!L CONTRACT - - - - - - - - - - - - •---------•------------•-------------------------------- - - - - - - - - - - • - 163297.40 - - - -- •--- 390380.55 •-------------------- 141349.05 - - - 0.00 - -- -------------------------- 5311:9.64 ------ ---- 1d -- ---------- '31561.48 --- - ----- 531' ?. " - -- - - - - - - - - - - - - - - • HARGE uPDEPS: 1 'HAN'78 74"EP. h 5500.00 1103.00 1375.00 0.00 2475.40 45 2 DELETE DIF'SCTIOIAL SIGN -798.00 - 798.00 0.00 0.00 - 199.04 109 0.�'(+ -'9. °' ? SUBSTITUTE CONTFOL STS - 1004.00 - 1040.00 0.00 0.04 - 1°00.04 100 0.3? - 10 . ?? 4 ;4A1 BUILD CUT 1 CVEPHA,, "G 6350.00 1270.00 1581.50 0.08 2857.50 45 3492.51 55.'5 6 DELETE SIGN CORSTP.UrTION FP, - 300.00 - 300.00 0.10 0.00 -309.04 100 0.09 8 ADD 'N OF MOKIRG POOR 2974.00 892.20 446.10 0.00 1338.30 45 1635. 13? 9 ADD'L 814!UST IN P.04 11)5 511.20 0.40 511.20 0.10 517.24 100 0.09 S1.'. iP FAINT METAL CAP PLASHING 1130.54 4.00 4.00 0.00 9.19 0 1130.50 a.P? 11 LOCKS F'P COURCI6 CHA4ESPS 1102.44 0.00 1.09 0.00 4,00 0 IIO2.03 3.P' SOFT ^t AL C9ARGE OPDEPs -- - - - - - - - - - - 154 - - - - - - •• - - ;164.24 - - - - - - - - - - - - - - 39.5.80 - - --------------- 0.10 -- --------- 5390.03 -•- ---- ............. 33 10385.'3 ----------- - . -- - -- - - - - - • - - - - - - - - - - - - - • - - • ----------•-------------•----------- �FAND T'tALS ----- ------------------------------------ 11511;.1@ ?91544.75 - - - - - - - ------ 145214.85 • - - - - - - - - • - - ---- ----- -------- v.dd - - - - - - - - - - - - - -- --• 536819.60 - - ------ -- -• .................... 69 -- --- ------ :4114 10 -- • - - ---- . - - - - -- - -- - r� r 1 1 l U4 c3 U F1 1- E?: 1-11--) .L L. I.> H. i 2 y 1 rt c- . 1'IFASE SIGN AND REIMN ONE OUPY CEIANI_ M URDMR • VIt11JF.C.r WoIt%I City hill C11 AN( ;G ()RI)FR NI1. 1`? DA "TF Sept(i4Ier 11, 1990 TO! Ci t y of Mound r NU: _ 40Q8_ _ IN amordsnce TM the torn of this eontrsot, the folloaing ehongto ore spprevedt Move du,t work and exhaust fan for elevator roam $197.(X) SNINOOIIF'E 10 $ 2 0.00 TOTAL ONANGE ORDFR $217.00 0 PROJECT COST ADJUSTMENTS Originst project costs 1're.leue rhenge Orders it thro FOURTEFN Thin rhongo Order 1 FIF'IM - Roa project roeto S_763 _ ADD - - 32 ADD 217.00 S 796 _ IN Rl1RF55 IIHERMT the said patties bait csuead Chia ogreesent to be executed as of lhp day and pear elgned helm . SHIN BUIL INC Contractor ' - -` -- — — _ 27 N. Medina Street Address - Lor M N 55357 BY: - — - -!� � - - - - -- DATE : Svpt ernlx>r 11 1990 - - - - - -- C ity o f Mou_n_d_ Owner 5341 Ma ywoo d R oad_ Address Mound MN 55364 BY- DATE : ARCH I'IF.C7 API'ROVAL: HY DATE: ' Mr(;Ir+s Frank R(r)s A.,rnc'. Irx. 1 f)`O 23rd Avc >iri( pk)t c h PI h t -t! 5 '✓Ji 7 =:II L ri (- I (i F I F-* F. I)U .L L.. L) E.ItF-3 1. rI(I . 111ME SICK AN) RFIVRN UNE (X)IY C.I'IANUF; CJRDM 2 i s rttl►.►r.Crt M"Ind laity III ll (MANGE OITl)Fn 14I1. 18 D A T F : Sept etrlx,Ir 11, 1") 1 City of Mound I'R(1.IF,t T 1,t1s_ 90U$__ In ramerdll?" with the trrrr of lhir Contrrot, the folloring chimpt rrr rpproradr Hori::on(al tratitian txtr atxl rEvrwable vertical million to fran-w for op(Ining 7/ft. Pttrerial $245.(X) l�atx�r $ 64.(X) SI- IMPilT: 1Cf/ $ 3 1.CX) '111FAI. (11tUx,T: (xiDfR $ Y.O.(X) 0 rnCT.TF( ;T COST ADJUSTMENTS Otlglnrl Prnjerl Cnalr prPVInllr rhange Ordprr 11 lhru SEVFNIr71J Thin Change (hdpr 1 EI IPt prnJecl Coatr S _ 716 3,297-.00 - . AID - 3 5, Q' 70 - - - AFXJ - - ...A?.. QQ - - 798,687.70 - IN IIITAFz�, YNFACOF the eatd Paulo" have caused thin agtpownl to he Pnprutpd is n1 the day and year rtgneaf Sp1na. ;ill l Ni; WEE Itl! 1 LITERS INC. cent r.ict or i 1'i N. M(I i na ;t t c Lorry t I) MN 55 1 I,. Y . I)AIF.: ����I�t�yiix�r lt, 1`pxt 0 Ci ty of Mound Owner 5341 Maywood Road Address -- Mou MN 55364 13Y UATE: APCII11KC1 APPROVAL: RY: - UATE: M ��rrbs Frank P w)-, A,s,r, ITv It I Avc-Tru t H "ninut b r.y V eL, 11 _1_ U4 C-4 lj F l F: I?: I l t J. C 1— . U E f 2 F= I- I U. PIF:tiE SI(,N A ND HF1URN ONE 0017 C,; F I A N C-1 ?' CJ f t L*J M R 0 f'f11),IE(' htxnxl City 11111 t;IIANI;f•: (If1DER Nt.l. 19 DA r F Sept ° r 11, 194) TO- City of Mound f'12t),IF:t:T NU' 9U(.!8_.- In w order" elth the term of this Contract, the follovin0 chomps ere epprovedr Naul 6 1(x3ds of Class 5 @ `t3ywi?)d and haul away 60 yards of hid mat erial $780.00 SHIiJCZ)R1� 1CP; $ 78.(x7 lUrI 1, (I Mx.Y: ORDER 0 rno.iECT COST ADJUSTMENTS Orlginel project Cnete prrvions fhenge Ordore II thru Fl(kflftN This Chenge Ordor 1 NINI'11kN Rol prnjrcl Coots _ 76_1,297.0 - AD) 3 5, 3`)0.70 . ADD - - 8 _ S 799,545.70 IN YItAF S VNFRUff the said pertioR have ceuRrd this agrppwnt to hr rrtocutpd an of tho day and year nignwf hrinv. SH I NGORFE BUILDERS INC. (;ont racI or ?70 N. Medina St rer•t AdlIres Loret MN V) V) — - C t.y of Mo in(I Owner 5 i!a l fta ywoorl Koad Add rp- c, MMIod MN IIY: 1, BY DA"1 F. : API l I F.( "l APITOM,: By DAIF: MI(�rrf); Fr:34 Poo k; `,'x 7lid Aveoiw fk I kI m it h !-V ')'-'V47 �T� ME TROPOLI T A N T R A N S I T C O M M I S S I O N 560 -6th Avenue North, Minneapolis, .Minnesota 55411 -4398 612/349 -7400 September 4, 1990 Mr. Steve Smith 'b SEP 10 , -jju Mayor of Mound 2710 Clore Lane Mound, MN 55364 Dear Mayor Smith: As you know, the Metropolitan Transit Commission has been conducting public hearings regarding the elimination or restructuring of several MTC routes including the subcontracting of Minneapolis Route 51, Saturday, Sunday and Holidays. As part of their deliberations, the Commissioners have asked me to prepare a marketing plan which could be implemented if the service is retained. In the past we have asked cities or communities to assist us by giving us either access to water or utility billing lists or authorization to insert a marketing piece in such billings. Since Mound supports continuation of Route 51 service, we would like to put this option in our marketing plan. Is this option available to as? If so, what are the deadlines, sizes of materials and quantities we would need? Also, can these lists be segregated so we can avoid mailing to individuals who -ack access to the service? Finally, if this option is not available or there are additional options, can you tell me what they are? The Commission will be completing the review process in September. Your prompt assistance is greatly appreciated. Sincerely, Bob LaShomb Director of Planning, Development and Communications cc: Bev Auld NEWS RELEASE NEWS RELEASE i s CITY OF MOUND WORKING WITH MPCA ON SOIL CONTAMINATION AT CITY HALL The City of Mound has been in the process of constructing an addition to the city hall at 5341 Maywood Road. The project also includes a complete renovation of the existing facility. Part of the project called for the construction of a new parking lot on the south side of the building. The City's contractor, Shingobee Builders, Inc. of Loretto began working recently on the excavation of the parking lot. In the process of that excavation, a portion of the city hall parking lot was found to • have contamination in the soil due to leaking underground gasoline storage tanks during the 1970 The tanks had been installed at the city hall parking lot site in the early 1970's for the purpose of providing a fueling station to the Mound Police Department. The tanks were removed in the early 1980's and had apparently leaked to the point of contaminating the immediate area where the tanks were located„ The City has not had gasoline stored on the site for 9 years. Upon excavation, gasoline odor was noticed by the contractor. Tests were then tak by the City of Mound's environmental soil consultant, GME Consultants, Inc. The Minnesota Pollution. Control Agency (MPCA) was notified and directed the City to have environmental soil borings drilled to determine the vertical and lateral extent of the contamination. The first boring was done at the edge of the 1 existing parking lot (west side) in the immediate area where the • underground tanks and gasoline pumps were located. This boring showed moderate to high levels as read on GME's hand held organic vapor monitor, but no direct impact to the groundwater was encountered. The second boring was then put down in the woods to the west approximately 60 feet from the edge of the parking lot. This boring showed only very very low readings, until the groundwater was encountered at 2 ftet, at which time free product (gasoline) was found floating on top of the water table. The City's immediate concern was if the wetlands of Lost Lake could be impacted. Therefore, a third boring was placed at the bottom of the hill, to the west, adjacent to the wetlands. This boring was drilled to a depth of 34 feet, with no contamination or observation of any gasoline. The soils in this boring showed a heavy clay. This was helpful because the clay soil is not porous and contained the gasoline spill further up the slope. Two additional borings were then put do %.n in the woods to the west, approximately half way down the hill and on either side of the second boring, which contained the free product. These borings also showed positive readings, but the groundwater had not been affected. GME then drilled two borings in the parking lot, about straight south from the old main entrance to city hall. The boring taken in the center of the parking lot indicated moderate readings of contamination, but the one at the south property line was negative and indicates that the private 2 property to the south is not impacted. A temporary monitoring well was then installed at the boring in which free product was encountered to try to determine the apprcximate depth of the gasoline floating on top of the water table. A sample was taken that same day, which indicated a little over one inch of gasoline was floating on top of the groundwater. The soils encountered in the seven borings indicate a silty to sandy clay with lenses of gravel at varying depths. GME believes that the free product has made its way to one of these gravel pockets and is contained there, but has indicated that the only way to be sure of that is to install monitoring wells. is The Minnesota Pollution Control Agency (MPCA) and GME have made the decision that three monitoring wells are required. One will be located at the east side of the parking lot and two in the woods to the west of the parking lot. Following the drilling of the monitoring wells the next step will depend upon the results of samples taken from those wells, but this may not be known for some time because laboratory analysis is required. Also, depending upon the analysis and other factors, additional samples may be needed which could put the construction of the parking lot into late fall or early winter before a decision is made on the clean up process by the MPCA. .7 3 At this time, it appears that the only clean up procedure is feasible would be soil venting. This involves the installation of vent tubes and the forcing of air through the soil to eliminate the gasoline vapors present. Because of the soils present, it is questionable if this process would work. Therefore one trial vent tube would be installed to test the effect. If it works, this would probably be the method of clean up required by the MPCA. If this doesn't work, t1 n the MPCA may say do nothing but keep sampling the monitoring wells and let nature take its course. The course of action the City follows will depend upon the initial results from the three monitoring wells and the advice the City received from the MPCA and its environmental consultants. is The City of Mound is proposing to h�,� >hingobee Builders, Inc. furnish a partial parking lot before winter arrives. The plan involves approximately two- thirds of the lot being built and would provide ; to 25 harking stalls instead of the 40 that are proposed at the time the projec s completed. The west side of the parking lot, in the area wher3 the old underground tanks and pumps were located, would be left unfinished until next year or whenever the final clean up is completed. A temporary bitur.i;.ous curb would be installed across the west side and also a temporary connection made to the in place storm sewer, which would drain the new parking lot. The final bituminous wear coarse would also be left off until the remainder of the lot is completed. If a soil venting system is required, it can be done through t`a surface of the partially completed lot and the base coarse 2 patched before the bituminous wear coarse is installed. The City believes it is necessary to proceed in this manner because O of the time involved before any final decisions can or will be made by the MPCA to complete the clean up. This complete statement is an effort to be completely open and candid with the public about the problem. In today's world, we are all becoming more aware of the adverse effects these old tanks have had on our environment. Our case number at the MPCA is 3059 and this would not be considered a major problem by the MPCA. It is a problem that is being addressed and handled in accordance with the most advanced techniques known to people concerned about the environment. Questions regarding the above information should be addressed to Edward J. Shukle, Jr., City Manager, City of Mound, 5341 Maywood Road, Mound, MN 55364, telephone, 612 - 472 -1155. �J 5 AIL MEMORANDUM DATE: September 6, 1990 TO: City Manager, Members of the City Council and Staff FROM: Jon Sutherland, Building Official SUBJECT: August 1990 Monthly Report CON ACTIVITY lr August, 32 building permits were issued for a total valuation of $465,858. This valuation is down 31% from the Month of August 1989. Total year -to -date valuation is 7% down at this point com- pared to last year at the same time. There were 26 plumbing, mechanical and miscellaneous permits issued for a total of 52 permits issued for the month of August. A complete breakdown is attached. This resulted in approximately 133 related inspections by this department. This number does not reflect 5 inspections completed by Metro West Inspection Serv- ices, or inspertions by our plumbing inspector, John Breitner. PLANN i NG170N I_NG The Planning Commission and City Council reviewed and acted on several staff recommendations that were prepared by this Depart- ment related to planning and zoning. TRAINING- /MEET " L.ake Country Chapter ICBO: met with other Building Offi- cials at the regular monthly meeting, viewed and discussed two educational tapes on inspection methods that were produced by ICBO. COMME:N TS Progre_ls was made on the condemnation of the hazardous building at 2142 Belmont Lane. The building is now vacated, utilities are in the process of being disconnected, the health and fire hazards In the building will be removed, and the first floor will be bo<jr up and secured soon. JS /p.; it 7 CITY OF MOUND 5341 Maywood Road Mound, MN 55364 BUILDING ACTIVITY REPORT mo,Nd AUGUST ry 1990 NEW RESIDENTIAL CONSTRUCTION tf.^IIIY) N�� Iy,..,, U.A. ^�" r.•,yp�y ,» w+r vlr 1 rw++. 4 4 321 , IL .�'.Mi NMOM� a 0.01 • , t 1�. rr, A..rrwV Totmt Fe" u 4 4 321,700 1,244,085 1'EW RESIDENTIAL IGlwo t T .nu.np 1 n...r - - -- aos� o.n.. Tgtl N*n Fs. ly NEW NO,ARESIDENTIAL tco^untrc,AVIMJ pay,.., ThM,IW rwrOw N. ►«�+ vNww t • a A... S. w Iw,NMP,/ I l M»N N A A..ti 1 1 1 11. p.wv.n OV�.r n.. TOW Non RtNO..tW _ RESIDENT UL ADDITIONS AND ALTERATIONS A.n.., tln— , P.—i. 11.II�I1t♦, S a-A AA — , 4 21,047 20 decks 6 , • �,..,.r..«.a 1 5,000 t M. remodel 15 34,525 86 296,875 r �ul Tou PpWtnt 2 7 133,708 161 9 20 , 248 I T ONS t A� ERAi 0 S vbk.. , rAU N DN. M .u.w. wl.Nw 1. I^pII.u1A1 am _ I "" wa. 1 )0,450 10 !24,945 a a t wwNww• A 0 — church/ 4 682,254 Taal No- nesdamial l 10,450 14 807,199 TOTAL MONTH AND TEAR TO DATE _ 32 465,858 �•r 13 2,971,532 .,�, CONVERSIONS ti•ywu I H NN 1Mb wWle. rw �.ON. wwuw Total Conrt,tiont DEMOLMONS R M Iw• T. D.. 1 a.`"r +olw (are e) 1 I 2 2 Tow De- ,owlw.. PERMIT$ INSPECTIONS, Ay COL ECTIONS 1 ....,II, Nw• 1 rw w Ow rho I,.nw r 3 Nrw !tU 3 32 189 fences walls 5 37 I►rwt -- �� 7 34 -- ty _ 0 21 — - -- - .«... +,� .saw r - M.� D.'.MOP••n !M M t.n• DMICNw — 4 24 ♦K.i - TOTAL 64 373 (includes City Hall addn.) • • is an September 6, 11990 TO: MAYOR, CiTY COUNCIL AND CITY MANAGER FROM: JOHN NORMAN, FINANCE DIRECTOR J L r j RE: AUGUST FINANCIAL REPORT AUGUST INVESTMENTS Balance August 1, 1990 Bought: Farm Cr 7.9 Marquette Due 8 -1 -91 Matured: Tr Notes 3.1 Shearson Tr Notes 8.2 °iper Jaffray CD 8.0 4M Fund Balance August 31, 1990 Balboa Tax Payment!!! $8,057,69" 125,000 (144,302) ( 84,170) (200,000) $7,754,222 The taxes are paid! We have been informed by Welsh Companies, the new management company for the Balboa facility, that the taxes would be paid in full. Hennepin County confirmed receiving a ciieck for 1988, 1989 and the first half of 1990 taxes for the Balboa property, a total amount exceeding $1 million. The City of Mound's share will be approximately $175,000. This amount will replenish the General Fund balance to a more adequate level. However, the delinquent tax payment does not change the proposed 1991 budget amounts. • MOUND POLICE v m , - - CTTa_ ;-'- 5341 Maywood Road Telephone 472 -3711 Mound, MN 55364 Dispatch 544 -9511 1 0 LEN HARRELL EMERGENCY 911 Chief of Police September 6, 1990 TG: Ed Shukle, City Manager FROM: Len Harrell, Chief of Police SUBJECT: Mont'ily Report for August, 1990 STATISTICS Due to our recent move, the normal compu generated statistics are not available. There were approximately 139 combined Part I and Part II incidents. There were 98 hazardous citations, 28 non - hazardous citations, and 11 parking tickets issued. The depart- ment assisted at 7 accidents; 2 with injuries. There were 9 medicals and 95 animal complaints. The department arrested one adult for a felony and one juvenile for a felony. There were 23 adult misdemeanor arrests and 1 ju.enile misdemeanor arrest. II. .JESTIG The investigators worked on 5 child protection cases and 1 criminal sexual conduct. Those cases accounted for in excess of 35 hours of investigative time. Forty -three child protection matters have been inves- tigated through August. In addition, cases involving burglary, felony and misdemeanor assaults, theft, damage to property, criminal sexual conduct, harassing communications, escape from custody, domestic assault, and NSF checks have been investigated. • A 773 0 MOUND POLICE DEPARTMENT MONTHLY REPORT - AUGUST, 1990 Formal complaints were issuer for window peeping, theft of public funds, dog at ls_ge, criminal damage to property, aggravated DWI, falsely reporting a crime, hit and run accident, harassing communications, as- sault, and escape from custody. III. PERSONNEL /STAFFING The department used approximately 46 hours of overtime during the month of August. Officers used 61 hours of comp -time and earned 29 hours of comp -time. There were 144 hours of vacation used, 47 hours of sick time, and 34 hours of holiday time used. • • ;1»y A 77r THIS LAST THIS YEAR LAST YEAR MONTH OF Allrl T 1990 MONTH MONTH TO hATV TA - NO. OF CALLS 29 49 315 253 MOUND - FIRE EMERGENCY 10 10 58 52 9 11 116 93 M'TONKA BEACH - FIRE EMERGENCY 1 1 11 10 0 0 1 1 MINNETRISTA - FIRE _ EMERGENCY 2 6 25 13 0 6 23 12 ORONO - FIRE EMERGENCY 3 3 25 32 0 3 9 5 SHOREWOOD - FIRE EMERGENCY 0 0 0 0 0 1 1 1 SPRING PARK - FIRE EMERGENCY 3 2 20 19 1 6 24 14 MUTUAL AID - FIRE EMERGEN 0 0 1 1 0 0 0 0 TOTAL FIRE CALLS 19 22 141 127 TOTAL EMERGENCY CALLS 10 27 174 126 COMMERICAL 1 2 9 12 RESIDENTIAL 6 8 56 51 INDUSTRIAL 0 0 2 4 GRASS c MISCELLANEOUS 7 9 45 34 AUTO 2 2 13 15 FALSE ALARM NO. OF HOURS - MOUND FIRE EMERGENCY TOTAL - MTKA BCH FIRE EMERGENCY TOTAL -M'TRISTA FIRE EMERGENCY TOTAL - ORONO FIRE EMERGENCY TOTAL - SHOREWOOD FIRE EMERGENCY TOTAL -SP FARK FIRE EMERGENCY TOTAL 3 203 160 1 189 - 192 14 1433 2175 10 1049 1661 363 381 3608 2710 11 9 265 298 0 0 14 11 11 9 279 309 29 135 565 412 0 101 474 232 29 236 1039 644 43 58 695 962 43 109 877 1060 0 0 0 0 n 12 12 13 13 30 374 $8 462 211 75 133 992 585 - MUTUAL AID FIRE EMERGENCY _ TOTAL TOTAL DRILL HOURS 0 0 87 0 0 0 0 0 87 157' 159 !3319 1277%, TOTAL EMERGENCY HOURS 168 444 2 226 TOTAL FIRE HOURS 353 436 3579 3182 TOTAL FIRE L EMERGENCY HOURS 521 _ F_1% 68 98 5408 WOUND FIRE DEPARTMENT FOR MOM OF X:( - V.S'C 14 '90 • • SIRE FI(:l[TERS DRILLS 3 1.AINTE;iA710E FIRE L RE: - ,CUE DATE DATE DRILLS DRILL WAGES MAIN. WAGES TOTAL HOURS HOURLY RATE WAGES J. ANDERSEN X X 2 19.00 20 6.00 120.00 C. X X 2 19.00 l y 13 6,00 78.00 0 21 6 126.00 D. BOYD X X 2 19.00 6 12 6.00 72.00 Q- RRYCF X X 2 19.00 0 25 6.50 16 2.50 S. BR CE 0 14 6.00 84.00 D. CARLSON X X 2 19,00 2' 11 6 00 66.00 J. CA SEY X X 2 19.00 2 17 6.00 102.00 `S . _r 19.00 2 11 6.00 66.00 M. LAVID X X 2 19.00 1' 25 6.00 150.00 R. ENGELHART X X 2 19.00 2 11 6 66.00 S. ERICKSON 2 6.00 .00 P. FISK X X 2 19.00 2 15 5.00 90.00 J. GARVAIS X X 2 19.00 3'y 13 6.00 78,00 K- rRADY X X 2 19.00 17 6.00 102.00 X X 2 19.00 3 25 6 150.00 P. HLNRY X X 2 19.00 5 7 6.00 42.00 G. OHNSON E E 0 -0- 0 0 6.00 -0- N. LAN 2 12 6.00 72.00 k' MARS'HKE X X 2 19.00 0 14 6.25 87.50 J. NAFUS X X 2 19.00 11 6,00 66.00 M. NELSON 2 10 6.00 60.00 B. NICrUM X Of 1 9.50 2 17 6.00 102.00 A. OPITZ X X 2 19.00 2 14 6.00 84•x1 G MM X X 2 19.00 2 19 6.00 114.00 M. PAIM X X 2 b 1` 18 6.00 108.00 T. PALM X X 2 9.00 0 18 6.00 108.00 G. PEDERSON X X 2 9.00 2 11 6.00 66.00 T. RASIUSSEN X X 2 9.00 0 12 6.00 72 M. SAVAGE X X 2 9.00 10� 13 6.00 78 K. SIPPRELL 0 6.00 R X E 1 9.50 0 6 6.00 36.00 T. SWENSON X E 1 9.50 2 15 6.00 90.00 W. S W E N N E E 0 -0- 1 10 6.00 60.00 R. WILLIMIS X X 2 19.00 9% 15 10 6.00 90,00 T. WILLIAMS X X 2 19.00 2 A nn 60.00 6.00 33 30 63 598.50 79% HRS 521 3.142. 00 82= 75 157' HRS DRILLS 598.50 MINT 1,167.00 A 7 74 MOUND VULUN'YEER FIRE Ut1;?MY1 N`C' MOUND, MINNESOTA Date: g - 3 r - /t" D R I I, L R E P O R T Ti Irng Discipline and Team work Critique of Fires Pre - Plaining and Inspections Tools & Apparatus Identifying Hand Extinguisher Operation Wear_ 1 Protective Clothing Films First Aid and Rescu3 Operation Use of Self- Contained Masks Pumper Operation _ Fire Streams & Friction Loss House Burnings Natural & Propane Gas talk & Demonstrations Ladder Evolutions Salvage Operations Radio Operations House Evolutions Nozzle & Hose Alliance Inhalator Operation Note: Ho4rse Training Paid Excused X Unexcused Q Present, Not paid • Time a 1 4._ Miscellaneous: J. ( rv.s - 11 e P,'Y ed Cre J.' A- ,Jto1, d c ;.i a -3 -20 A dde, - �Addfr fy q i, 0-1-S ".L J. _7 � G . , avY J. D. 3X S. i- D. �' Y j. S. '' M. �1�- R.R. 1� Andersen Anderson Babb Boyd Bryce Bryce Carlson Casey Collins David Engelhart S. Erickson W/4 P. Fisk K. Grady P . Henry � C. Henderson G. Johnson _ L - B. Landsman R. Marschke J. Nafus B. Niccuml e-, �+ive C 1 R � `YT c PAY � M. Nelson a'?Y A. Opitz I� G. Palm I/ M. Palm- T. Palm a� G. Pederson ' } T. Rasmu6sen a M. Savage K. Sipprell R. Sta?lman T. Swenson W. Swenson 1 R. Williams Dr lmaster 3 • 2177 j4Q1jND V OLUNTE ER EIRE 12-EIPA?TLN-T MOUND, MINNESOTA • • • Date: 9 ?0 D R I L L R E P O R T Discipline and Team work Critique of Fires Pre - Plaining and Inspections Tools & Apparatus Identifying Hand Extinguisher Operation Wearing Protective Clothing Films First Aid and Rescue Operation Use of Self- Contained Masks Note: Hour—pa Training Paid Excused Unexcused Pumper Operation Time Fire Streams & Friction Loss House Burnings Natural & Propane Gas talk & Demonstrations Ladder Evolutions Salvage Operations _ Radio "aerations House Evolutions Nozzle 6 Hose Alliance Inhalator Operation _ Q Present, Not paid Miscellaneous: 14V( `v, -e (ti, )c A ovv�c,�;Qy J.-- - JA d pr (1- �- tZvolid ,'S ' Re / ;L t t ti►'1 lJ: h - (D. 13 , y d - 1� c' I v P c� ['r t /' hyt : K,P W oh In - d 9 9 w; J J. Andersen G Anderson J. . Babb a. D. Boyd D. Bryce S. Bryce D. Carlson / J. Case a S. Collins may. M. David 9i- R. Engelhart S. P. �j/ J. - a% a► K. P . —� G . B. R . J.J. B . Qmw_� �'% M. Nelson Erickson a��' .... A. Opitz Fisk A G. Palm Garvais M. Palm- Grady _ T. Palm Henry _3 ►_ /� G . Pederson Henderson �� � T. Rasmussen Johnson - ��7� M. Savage Landsman�dT /J. K. SiFprell Marschke / R. Stallman Nafus J- T. Swenson Niccum W. Swenson _a} R. Williams a' W;0. A a.L_ (f 4 j�pillmaster 1, 3j A778 DATE f,6 S, /990 MOUND FIRE DEPARTMENT • TOTAL MAINTENANCE FOR MONTH OF ,tSr 0 MEN ON DUTY o? J. ANDERSEN J. N �FUS oZ G. ANDERSON o M. NEL60 J. BABB B. NICCUM / D (p D. BOYD oZ A. OPITZ O D. BRYCE ,Z G. PALM �,2 S. BRYCE / M. PALM o� D. CARLSON D T. PALM J. CASEY aZ G. PEDERSON o� S. COLLINS D T. RASMUSSEN M. DAVID /Q /�. 11. SAVAGE R. ENGEUMT a2 K. SIPPRELL o? S. ERICKSON O R. STA LMAN 02 P. FI SK T. SWENSON J. GARVAIS I W. SWENSON Q K. GRADY q R. WILLIAMS .3 C. HENDERSON o 'L. T. WILLIAMS P. HENRY O G. JOHNSON �- B. LANDSMAN R. MARSCHKE TOTAL MONTHLY HOURS 9 0 1" Ai IN 1Ot T D Sept. 5, 1990 TO: Ed Shukle City Manager FROM: Ceno Hoff Street Supt. SUBJECT: August's Activity Report �,; a!a .v. "? r;C a; 'd0 L'NJ VINNES,�'TA :.. The first part of the month we finished cleaning up the buckshot from the sealeoatin.g project. We swept up 160 loads of rock which was hauled back to the stockpile and mixed with pit run sand and used for filling the hole from watermain breal; in the winter. The Water Dept. had a number of curb boxes that had to be dug Lip and repaired, 12 of them to be exact. They were located in blacktop driveways and in the street. It took about 4 days to clean up the mess and repair the blacktop. The patching crew was also out crack patching for about a week. We've slowly but surely getting the fill dirt hauled out of the stockpile area. It's netting tougher every year to find a place cohere they will take it, unless it absolutely clear, and as you know we have some small chucks of blacktop .ad rock mixed with the dirt. V- wer0 out spraving retaining walls and street right -a -ways for 2 days. We had some vandalism to the Union Cemetery this munt_}�, someone tipped over and d;rmaged 8 stones and urns. SIGN WORK Replaced 2 Stop, 5 No Parking Anytime. 6 street names and 4 post,. CEMETERY 6 stones and 3 Kr,rves. '�D Ai c :I�1��� (�t is �L TND Scptein1)er 5, 1`g90 '10: F Shukle City Managrr FROM: Greg Hergquist M0chanic SUBJECT: August's Garage Report P OL1C1•, t)F.PT. 5341 MAYWOOD ROAD MOUND, MINNEFOTA 55364 (6121 472 -1155 'phis rnc,n'h 6 ca, had complete service (oil, lube and all fluids checked) < <•ars needed exhaust replacements. 1 Alternator was replace.t 1 set of brakes, 1 spot light, 1 transmission and 1 t of front_ struts. 6 new tires were mounted and balanced ,nd instal led. hFf: "f fil:1''i. Unit rtl, 87 Chc•v. pickup was s,�rvicc•d, #5, 83 Ford LN8000 Dump nn d n " .,I n. t 1apti. 'rid l r r hi • .ati•. -t our 1970 Ford Sr Rodding truck a new fuel 1ur + - an�i _ .arhurrtor had to be instal led because original ;ui1,�, nt i_art.. arr ii loni�cr available. #3, 87 Chev. pickup 11, 87 Chev. pickup needed service rv: rv. 1. -.1., c +O 1 -ton dump wits serviced • PLI?aj (;ITY A NKA Ir I:I� September b, 1990 TO: CITY MANAGER FROM: CITY CLERK RE: AUGUST MONTHLY R'-PORT This was ar extrem -ly busy month. There were tw-) regular meeting with agendas, packets and minutes. There were follow -op item from Each meeting. We got packed up and moved to the new addition. I obtained quot— from two different moving companies and we used Apollo (North Amo- ican). We will be js1ng them to move us back when the remodeling, is done in the old building. I have been preparing for assessment hearings in September. Notices, resolutions, lists, levy numbers, etc. had to be done. Linda !nd I are preparing for the Primary Election.. Al. the Optical Scan mochtnes were tested Test decks (phony ballots) needed to be prepared to run through the machiii-s to be sure of their accuracy_ � 3 C7 � -1 I _J w �5 AUGUST 1990 MONTHLY REPOR PARK DEPARTMENT Pa rks In August we saw the season for summer park activities closing. All park and recreation programs ended, softball and little league finished along with the closing of all beach areas, except Mound Bay Park. Mound Bay Park beach remains open on weekends through Labor Day. The park crew begins to be reduced, two of the seasonal help have returned to college. Currently, we have one person on the mowing crew, two people working on park projects such as the Improve- ments at Centerview Beach and Chester P= #rK. This time of the year is when we have a chance to catch up on many projects. We will be losing the two seasonal maintenance workers in four weeks. So they will be quite busy unti' then. Tree Removal / Weed Noti Eleven trees were removed from City properties. Five of these were from onP area on Island View Drive and consisted of very large cottonwood trees. This is going to be a costly removal and we will not know the full dollar amount for a while. Also, we had three forced removals from private properties. There were eight weed notices sent out to private properties. Commons Docks The dock program Is winding down, with the water level coming up and little l oss of depth over August, we have been a b l e to see progress in rental of dock sites and boats registered to the docks. Cemetery With Labor day past, the maintenance of the cemetery will slow down. Phil Naugen has done an excellent ,job of keeping the grounds up and will be returning ne season. v8y September 1 1990 ' T I w 1 , l N K A , N1 6'7i 47; -11" TO: MAYOR, CITY MANAGER AND CITY CCUNCIL FROM: JOEL KRUMM, LIQUOR STORE MANAGER RE: AUGUST MONTHLY REYCRT August was an uneventful month. Eusiness was good however. We had a 6$ increase in sales over August of 1989, bringing our gross sales to date at $662,000. Last year at the end of August we were at $622,000. The "bu:z words" it '-e beer industry this month were: "Federal Excise Tax T • -rea ". This fall congress will be proposing a $.63 federi !cise tax increase on a 6 pack of beer. The purpose is to creas tiilliun dollars in revenue to be used to help the federal deficit. Preposterous! Recently, congress eliminated excise taxes on expensive perfume, jewelry and fur coats. These are the kinds of things only the wealthy can afford. Yet, beer is taxed at three times the rate of most • other consumer goods. In fact, you pay more for the taxes on beer than for the cost of the brewing, labor and ingredients combined. Apparently, some special interests think you aren't paying enough. To put this in perspective, let me give you an example of how this would effect th 80 million beer drinkers in America. At this moment when there is not a sales promotion on a national premium 12 pack of beer, our retail price is $6.59. This is an average price in the State of Minnesota. If the federal excise increase is approved, what happens is this: The increase is passed along to the brewery, who passes it along to it's distributors, who pass it along to the retailers, who pass it along to you. That $6.59 12 pack will now cost you $8.99. The lower income people in the United States, who proportionately drink more beer than any other soeio- economic, group, will not be able to afford to drink as much as they were accustomed to. By the way, this tax hike will also touch the liquor and wine segments. This ridiculous idea will devastate the spirit industries. There will be considerably less distributors and retailers. Consequen'ly, more unemployment. If you feel that this is an unjust and unwarranted proposal, I urge you to take action. All you have to do is call 1- 800 -33 TAXES. Your message will be sent uo Congress by Urgent Letter within 48 hours. Both the call and the letter are free. JK.ls 6? 7 $ S 1 • c;F FY I' N10[VN1) Sopt ;- h, l +l) T0: Ed Shukle CitV Manager FROM: Joyce Nelson Recycling Coordinat SUBJECT: Auhust's Recycling For the past 2 weeks I hive teen mooting with t xecVr Coordinators from Wayzata tmi Wi—,t Hennr - pin Rr(Vclini� C�)mmission. Tho roason we have been me(-t ing s wo are going to t.r,y to form a "Joint Powers Agr:cment' this i= i w o almost guarantee a lower price for curbside pickup. No one have won the Westonka Doll,irs yct. We are now up to 300 dollars. I have hear many ment that they se. morF households participating now. 0 Total tonnage for August was ') 7.38 ton, with 5,268 households participating. We have ')4'L, of the hous,•holcls recycling. We recycling 18% of our waste stream for August. Ai A 9714 LAKE MINNETONKA CONSERVATION DISTRICT 473 -7033 L.M.C.D. MEETING SCHEDULE • September 1990 RF-7 AUG 31 1990 Monday 3 Labor Day Holiday, LMCD office closed Saturday 8 Water Structures & Environment Committee 7:30 a.m. Shorewood City Hall 5755 Country Club Road Monday 17 Lake Use Committee 4:30 p.m. Shorewood City Hall 5755 Country Club Road Thursday 20 Eurasian Water Milfoil Task Force 8:30 a.m. Freshwater Voundation Navarre Wednesday 26 LMCD Board of Directors' Regular Meeting 7:30 p.m. Tonka Bay City Hall 8 -30 -90 • A It 7 LAKE MINNETONKA CONSERVATION DISTRICT WATER STRUCTURES & ENVIRONMENT COMMITTEE • A i; E N L A 7:30 a.m., Saturday, September 8, 1990 Shorewood City Hall 5755 Country Club Road AUG 31 1990 ItL� 1. Commercial Marina code amendment to clarify the code definition of a commercial marina. 2. Chapman Pla.e Marina operators agreement and analysis of 1990 changes for compliance with license order per LeFevere correspondence of 7/16/90. (Licensee Robert Cuthill requested to meet with committee to review the changes and their effect on the marina's commercial operation.) 3. Amenity study comparison with p oposed code amendment as it would have affected special density allowances for licenses granted in the past three years. 4. Lake Virginia control strucutre and staff analysis cf options under consideration, LMCD response to MN DNR pending committee and Board recom- mendatfon. 5. Interagency Agreement on Dredging status, following agency review of 7/23/90, pending a MN DNR report expected the week of September 4. 6. Wayzata Yacht Club communication on Site 2. 7. Staff report, Administrative Technician Rachel Thibault: a. Multiple dock inspection progress b. Complaints processed and resolved 8. Additional business recommended by the committee. ENVIRONMENT, Chair Reese 1. Eurasian water milfoil weed harvest progress report through 8/24/90 with update through 9/7 to be provided at the meeting. 2. Preliminary financial analysis through 8/31. 3. Projection for season close, equipment maintenance and storage. 4. Forecast for 1991 preltminary projections. 5. Building height analysis of new bank building in Wayzata as governed by the city's shoreland building - height regulations. 6. Additional business suggested by the committee. i s 8 -30-90 A 7 pg LAKE MIN NFEIONKA CONSERVATION DISTRICT 473 -7033 • 8 -29 -90 m n E V E N T S S C H E D U L E 46 September 1990 - C iss4 Race Schedules: REC AUG 31 Sep 1 Sat 10:00 am Lower Lake Burton Cup 10:30 am ewer Lake Burton Cup 2:00 pm Upper Lake: Burton Cup /Lower Lake Sep 2 Sun 10:00 am Lower Lake 10:30 am Upper Lake 1:30 pm Lower Lake Sep 3 Mon 10:00 am Lower I.a k 10:30 am Upper Lake Sep 4 Tues 6:00 pm Lower lake Sep 7 Fri 10:00 .am Lower Lake Catamaran 10,000 Lakes Regatta 1:00 pm " of 3:00 pm of 11 Sep 8 Sat 10:00 am Lower Lake Catamaran 10,000 Lakes Regatta 1:00 pm of if 2:00 pm Upper Lake 3:00 pm Lower lake Catamaran 10,000 Lakes Regatta Sep 9 Sun 10:00 am Lower Lake Catamaran 10,000 Lakes Regatta i 10:30 am Upper Lake 1:30 pm Lower Lake Sep 15 Sat 10:00 am Lower Lake 2:00 pm Upper Lake 2:00 pm Lower Lake Fall Color Regatta Sep 16 Sun 9:30 am Lower bake Shoot Out Regatta 10:30 am Upper Lake 11.30 am Lower lake Shoot Out Regatta 1:30 pm 11 it to of of Sep 22 Sat 10:00 am Lower bake 2:00 pin Upper Lake and Lower Lake Sep 23 Sun 10:00 am Lower Lake 10:30 am Upper Lake Sep 29 Sat 10:00 am Lower Lake 2:00 pm Upper Lake Sep 30 Sun 11:00 zm )wet Lake • 8 -29 -90 m n LAKE MINNETONKA CONSERVATION DISTHICi LAKE USE COMMITTEE A G E N D A 4:30 p.m., Monday, September 17, 1990 Shorewood City Hall 5755 Country Club Road RECD SEP 12 1990 I. LMCD /Water Patrol Special Deputy award for 1990, to be presented at LMCD annual dinner -- discussion of criteria and selection process 2. Report of 1990 Lake Use Study, boats stored and boats in use- -for committee evaluation and comment 3. Code amendment: observers required, 53.10, Subd. 1, as tabled by the Board 4. Update Resolution 62 to change late fee requirement for open water fishing contests from 60 days to 90 days 5. Review of winter rules a. Buoy removal from the Lake (52.12, Subd. 7) • b. Delete reference to deicing prohibition for new installations c. Other 6. Deposit refunds a. MN /W1 Pro -Am Bass Tournaments 5/27, 7/28 and 29, 8/25/90 b. Wednesday Night Bass Tournaments 6/13 through 8/22/90 7. Water Patrol report a. Authority to close a lake during the winter to motorized vehicles when a hazard exists (e.g., unusually warm weather) b. Personal watercraft operation and safety evaluation C. Charter b -at operation evaluation d. Additional reports, information 8. Additional business recommended by the committee 0 9 -11 -90 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION • August 27, 1990 Those present were: Chair Bill Meyer, Vice Chair Geoff Michael, Commissioners Ken Smith, Jerry Clapsaddle, Bill Thal, Frank Weiland, Bill Voss, and Michael Mueller, Council Representative Liz Jensen, Building Official Jon Sutherland, and Secretary Peggy James. There were no citizens present. The meeting was called to order at 7:30 p.m. MINUTES: The Planning Commission Minutes of August 13, 1990 were presented for approval. Michael noted a change on page 1, within the mo- tion for Case 90 -925, the motion was made by Michael, not Muel- ler. Mueller clarified his statement made on page 7 relating to Public Works Storage Materials, and amended it to read as follows: of some type of surface under the any salt piles being stored, at- -t-l-►e -1-91 -and- Park -Garage and not to allow drainage away from that storage site. MOTION made by Mueller, seconded by Clapsaddle, t ap- prove the Planning Commission Minutes of August 13, 1990 as amended. Motion carried unanimously. BOARD OF APPEALS: a. Case No. 90 -92 John Grossoehme, 5001 Woodridge Road Shirley Hills Unit A, Lots 10 & I1, Block 4, PID #13- 117 -24- 44 0047. VARIANCE: side yard s etback . The applicant, John Grossoehme, withdrew his application. Review of Tax Forfeit Properties Thal raised the issue of assessments, and concluded that more in- formation was needed to determine if the city can negotiate sale prices. Aft,;r further discussion regarding parcels in Devon, Block 4, lots 13 thru IE. the Commission concluded that it would be favorable, in a planning sense, to separate parcel (27) and offer lot 16 to the owner of lot 17 since it is currently an undersized lot, and therefore, would create a conforming lot. Then combine lots 13, 14 and 15 Into one parcel and put them up for auction. By combining lots 13, 14, and 15 a more favorable parcel would be • created for construction of a new dwelling since it is a corner parcel and setbacks are more restrictive. The topography of lots 13 & 14 alone may create a hardship for construction. A 7fe Planning Commission Minutes August 27, 1990 Page 2 The Commission determined they need more information on the rules, policies, and procedures to prepare these tax forfeit par- cels for a more favorable sale. The City should be able to make the parcels more marketable. It was confirmed that the goals for undersized tax forfeit properties is to get them back on the tax role and to create conforming parcels, as stated in Resolution $#84 -94. Jensen commented that the City of Mound has more tax forfeit properties than most communities. It was suggested that maybe the City Clerk could come to a meeting and answer some of their questions, as follows: 1. Can the City negotiate the sale price of a conforming tax forfeit parcel? 2. Can tax forfeit parcels be separated? 3. Are the abutting property owners of conforming tax forfeit parcels notified of the sale? 4. What if a con`' rming tax forfeit parcel abuts a nonconform- ing residential parcel, can they get assessments waived the same as nonconforming tax forfeit parcels? • The Commission briefly discussed the tax forfeit parcel on Haw- thorne, comments were made on the topography and available green : • ,pace in the Highlands area. D owntown Stuuy: Discu Thal commented on the fact that the City of Mound does not allow "major automobile repair" in the Central Business District. Thai referred to page 50 of the study and commented that multi- family dwellings should be considered a future land use for the Commerce Blvd. stretch. Thal believes the Planning Commission should be active in only zoning for the Downtown Study. Clap - saddle disagreed, he believes they should be active in planning, as well. C 1 apsadd 1 e commented on the need for the C i t y of Mound to first create some space in its downtown area. He stated that economic studies show that a large grocery store, such as a Cub, is needed in the Mound area. Approximately 30,000 square feet would be required for a grocery store, where could one be placed? The Commission agreed that the Downtown Study, as submitted, Is a good start, but it is not a solution. The Planning Commission's role was questioned. How involved can the Planning Commission be In developing downtown? 1] all/ Planning Commission Minutes August 27, 1990 Page 3 The priorities as IIsted in the ;mplementation Section on pages 77 - 83 were addressed. A majority of the Commission agreed that Priority #4, Land Acquisition, should be Priority ##2 or #3, and that there is too much emphasis on developing Lost Lake. It was suggested that the current downtown needs to be redeveloped, not developed. The Commission questioned what is the Economic Development Commission's role verses the Planning Commission's role? The priorities need to be discussed. Jensen confirmed that the City Council, as a council, has not discussed the Study or its priorities yet. C; ty Council Representative's Report. Liz Jensen reviewed the City Council meeting of August 14, and the Committee of the Whole meeting of August 21. She enlightened the Commission on such topics as: a new water treatment plant, the potential of storage of public works materials at the Van - DerSteeg property, and CBD parking. MOTION made by Weiland, seconded by Smith to adjourn the me ^tang at 9:40 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: • ;k7fo2 IS 1ti4 ;� 'A KAN August 27, 1990 KF AUG 2 81990 Honorable Mayor Steve Smith 5341 Maywood Road Mound, MN 5536 Dear Mayor Smith and Council Members: TRIA?< 10 C,NPLEVISON Triax Cablevision will introduce several new monthly rates for basic and premium cable TV services, effective October 1, 1990. The new rate adjustments are a direct result of increases associated to operating expenses, the addition of new satellite channels, channel realignments, and spiraling program costs. BASIC cable service will be adjusted to $19.99 per month and referenced as "EXPANDED BASIC ". There will be a total of 39 channels of programming, which includes the addition of a new comedy satellite channel-- "HA! ". "HA! ", the television comedy network launched in April, 1990, • features the best television comedy of the past 1 10 years- - Love American Style, Saturday Night Live, The Best of Croucho, Candid Camera, Mork and Mindy, Rhoda, TV Bloopers and Practical Jokes. With a programming mix like this, "11A!" appeals to every age group. A new 19 channel "BASIC" service will be introduced simultaneou:;ly for $12.99 per month. This economy service consists of bvoadc,i,,t networks, public broadcast stations, independent network. Supr�r- stations, local and public access channels, C -Span, rind Home; Shopping Network. Premium services are being adjusted as fo llowo: HBO HOME BOX OFFICE SHO SHOW" IME MAX CINEMAX DIS THE DISNEY CHANNEL from $9.95 to $1.0.95 Remains thy: ,wane at; $9.95 from $9.95 to $6.95 from $9.95 to $ Movie channels can be packaged to obtain follows: HBO & MAX $15.90 p�r r;c�nti, HBO & MAX & Dl i $19.85 • 1713 Page 2 0 Triax cable TV subscribers will receive a letter by September 1, 1990, which highlights the upcoming adjustments including a revised rate schedule, a new channel brochure, and a new channel line -up card which distinguishes the difference between "BASIC" and "EXPANDED BASIC" cable services. Subscribers wi -1 receive a new monthly cable bill on October 1, 1990, reflecting the new rates for the cable services they have at that time. Additionally, all subscribers will be given the opportunity to change their services at no additional charge, through October 15, 1990. Please feel free to call me personally, at 1- 800- 33:' -0245 in Waseca, MN., should you have any questions regarding these changes. Re ectfully yours, Paul Nazarow Regional Manager TRIAX CABLEViSION Enclosures (3): Subscriber notification letter Revised channel line -up card October 1, 1990 rate schedule 0 6? 47 it f „d M) STREETS E FL) Box 110 WASECA MN 56093 1, 07835 5975 FAK NUMB; R .`,x Lake Minnetonka TRIA?< CABLE` /ISION Dear Subscriber: On October 1, 1990 new monthly cable 'I'V service rates will take effect on several Triax Cablevision services. The new monthly rates are a result of channel additions and realignments, operating expent ;es, and prograrnming costs. ThF existing basic cable TV service which you currently receive, will become known at "EXPANDED BASIC” cable TV service and consist of 39 channels of programming for $19.99 per month. This service inc the addition of the new satellite comedy channel-- "HA! ". A new "BASIC" cable TV service will be introduced and consist of 19 channels of programming for $ 12.99 per month. HOME; BOX OFFICE (HBO), currently at $9.95 will change to $10.9 per month. SHOWTIME (3110), will remain the same at $9 per month. CI14EMAX (MAX), currently at $9.95 will change to $6.9 per month. THE DISNEY CHANN'L (DIS), currently at $9.95 will change to - $4.95 per month. Additional discounted movie packages will also become available as follows: HBO and CINEMAX at $15__. per month, and HBO, CINEMAX, and THE DISNEY CHANNEL at $ per mor) th . In order to offer the new economy "BASIC" cable TV service and the new channel, it will be necessary to change the existing channel 1-in -up. Tune in cable channel 19 f'or current. infor- mation on these changes. The enclosed new channel line -up card will h- i I; yc,u in 1 0(c :at' j r 1i; your favorite channels and the new channel. i':e=r: F, kF I, it• handy and in a safe pl-ce for future If you are interested in receiving; the ne -w "f1A:;IC" sir ✓ic , please call one of our cu2tomer service rep: :; nt,;itivF,s cEurir;�f normal business hours at 1 -800- 332 - 0215 to a Free Installation ($1 savings) . .his October 1`-), 1990. We appreciate your co:)tinued patron, subscriber, and look forty. :!cd to providing , " -'i 'r, `.', r1 % %: -`•y programrni ng a,:d improved sery i cf_1s . Sincerely, 0 The Staff at THIAX CABLEVISiON a qul� CITY COUNCIL PACKET - - .9 -12 -90 #3 • C] • Lake Minnetonka BASIC SERVICE (19 channels) ................. $12.99 EXPANDED BAS (39 c hannels) ............ PREMIUM SERVICES A' LA CARTE RATES COMBINATION RATES Home Box Oldce(HBD)_$10.95 HBO/Cinemax ---------- $15.90 Showlime ------------- (Save S2.00) Cinemax ------------- $69S HBO /Cinemax /Disney _419.85 The Disney ChamW - -- SL95 (Save 53.00) 1 ADDITIONAL OUTLET .......................... - ..52.50 24 ADDITIONAL OUTLETS .............$4.95 (max) INSTALLATION BASIC SERVICE .......- ........... .........................$45.00 E)PANDED BASIC SERVICE .....................$45.00 RECONNECT SERVICE ...... ......................... $25.00 DELINQUENT RECONNECT ....................$35.00 TRANSFER SERVICE ...:........ ........................$15.00 PREMIUM SERVICE UPGRADE ................$15.00 DOWNGRADE FROM EXPANDED BASIC TO BASIC ONLY ......... .........................515.00 CONVERTERS REMOTE CONTROLLED CONVERTER ...................$3.50 per month SALES TAX NOT INCLUDED ON ABOVE RATES FOR INFORMATION, PLFASE CAi.L: 1- 800 - 332 -0245 FOR SERVICE AND REPAIR, PLEASE CALL- 1 -800- 422 -1473 T RIAX „r CABLEVISION „r TRIAX r ` :VISION Lake 1yi g...:: ' L» F 2 3 4 5 KTCA ND. CBS AW PBS �' - -- - - - -�. MINNEAPOLIS MINNEAPOLIS 6 7 R 8 9 KMSP R EGIONAL INNEAPOLIS MINNEAPOLIS WOMS 18 PUBLIC PUBLIC PUBLIC ACCESS ACCESS ACCESS 22 23 24 25 Electronic prosrem ov * Guide 26 27 28 29 �o� 3TNN w ` � 30 31 32 33 w i ..&AjA 4rwy- 40 m­ 34 35 AC RESERVED 36 FUTURE 37 R o`er �:.:._.. RESERVED RESERVED 39 p* PUBLIC N0. 45 46 ACCESS MINNEAPOLI 10 11 12 13 - KTMA C•Sm VM D NBc so * options INNEAPOLIS MINNEAPOLIS WOMS 18 PUBLIC PUBLIC PUBLIC ACCESS ACCESS ACCESS 22 23 24 25 Electronic prosrem ov * Guide 26 27 28 29 �o� 3TNN w ` � 30 31 32 33 w i ..&AjA 4rwy- 40 m­ 34 35 AC RESERVED 36 FUTURE 37 R o`er �:.:._.. RESERVED RESERVED 39 p* 41 * 43 , 44 *r 45 46 47 48 TBN NETWORK D 49 so * options 2.23 BaSlc Q ! • H` Premium Service Service 14 15 16 t7 FUTURE FUTURE KTq PBS RESERVED RESERVED MINN 20 21 Pr METROPOLITAN COUNCIL Mena Pork centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291 -6339. REGIONAL BREAKFAST MEETINGS FOR LOCAL OFFICIALS IN HENNEPIN CO LINTY Metropolitan Council Chair Steve Keefe invites you to his annual regional breakfast meetings for local officials in Hennepin County. These meetings will provide an opportunity to talk about the issues the Council is dealing with and for you to express your ideas about the Council and its work. Chair Keefe will discuss the Council's priority projects for next year, and some of the metropolitan issues the Council thinks the legislature • may address in 1991. Council members are also interested in hearing what you think the Council is doing right, what it is doing wrong and what it should be doing in the future. Two meetings are scheduled for local officials in Hennepin County. You may attend one or both of these meetings. Following is the schedule. WHEN: Wed., Sept. 19, 1990 WHEN: Wed., Oct. 3, 1990 7:30 - 9 a.rn. 730 - 9 a.m. WHERE: T. Wrights WHERE: Days Inn 3310 S. Hwy. 101 1501 Freeway Blvd. Wayzata Brooklyn Center COST. $4, includes breakfast, COST: $6, includes breakfast tax and gratuity tax and gratuity RSVP BY: Sept. 14 RSVP BY. Sept. 28 To RSVP, please call Bernadine Scott at 291 -6500. 417f7 • MINUTES - ECONOMIC DEVELOPMENT COMMISSION - AUGUST 15 1990 Members present: Paul Meisel, Mark Brewer, Tim Kenealy. Absent: Steve Smith, Fred Guttormson, Chic Remien, Ben Marks (excused due to illness). Also present: City Manager Ed Shukle and Finance Director John Norman. The June 21, 1990 Minutes were reviewed but due to a lack of quorum, were not approved. The Commission then discussed the results of the meeting held August 7th with the City Council and the Planning Commission on the Downtown Study. They reviewed the Implementation Plan and indicated that the City Council was responsible for priority item #1, which was the Public Works storage area. It did however, focus on priority #2 which is the Development of Lost Lake. They were interested in the soil condition studies that were done previously on the property, and wan" information on those soils reports. They asked for information regarding the monitoring wells and what's being done with those wells. Also discussed with regard to the development of Lost Lake was the County Road 15 Beautification Plan in relationship to the Lost Lake area. Also discussed were the student proposals that were made through the University of Minnesota Student Project done in the fall of 1988. Priority item #3 which was Physical Improvements was also discussed. Questions were asked with regard to the CDBG program. Also a possible tour of buildings with a video tape of the buildings to be done. Mark Brewer and Paul Meisel agreed to do this video. Items for the September meeting include the following: 1. Status of the Lost Lake monitoring wells 2. Review of the County Road 15 Beautification Plan 3. Review of the CDBG program 4. Video tour of the downtown buildings The next meeting will be held at Dr. Mark Brewer's office at 7 AM, Thursday, September 20, 1990. The meeting was adjourned at 8:40 AM. Reseectfu ll submitted, d ukle City Manager ES:ls • ,2711 ,1 CITE' of N loll \'D RECD SEP 51990 September 4, 1990 Ed Shukle, City Manager City of Mound 5341 MAYWOOD ROB- MOUND MINNESOTA i612i 472 -1155 I have held the position of the Mound Dock Inspector for the past 7 boating seasons. It has been a challenging but regarding job for me and I have enjoyed the relationships it has provided. The responsibility and time required to do an effective job, however, keeps me from doing some summer activities, traveling, etc. Therefore, I am resigning for these reasons. October 15, 1990 will ' my last day as the Mound Dock Inspector. I will have all things in place for the end of the year, • records up to date, etc. I am also making some recommendations to t; ' e Park Commission-for changes in the Dock Ordinance and some site changes at their September meeting. If the Park Director or MY successor has need of some part -time help this fall or next spring, I would be available to help on next years program. Respectively, Aa Dell Rudolph cc: Jim Fackler DR:ls L� 12 7d?l MINIYC\ v � 9 • • M A o �- ys = sI 111! 111 1 - f,P114 r_1 ON 0�5� LAKE MINNETONKA CONSERVATION DISTRICT 402 EAST LAKE STREET WAYZATA. NWINESOTA 55391 TELEPHONE 612/473-7033 EUGENE R. 5 IiVMMCN. k XECUI IVE UIRFCIOR BOARD MEMBERS David H Roc tw: . Char G Aiberl O FoSir•r, Vic. Char Oeephay.n Jan Hocwn,ka. S.c,elwy Mnx,otonka tleach _'oh- 1 Pw I fi.asu,er M,n "m �cta Douglas F 11 .0,, nck _;1— q Park Marv,n BI—I.n Tonka Bay James N G,athwol r „c r.l %.", Jot II•a, 1 14"', C)•orn. John G A1:Ihnka V,c tuna Thornas Mart,nson Wayzata Robed N Pdl•:bury M, nn••lonka Robert R:wcop Sh0 r• '0d Thomas W Re—e Around Robert E �;In un, August 15, 1990 Non. Steve Smith Mayor, City of Mound 5341 Maywood Road Mound, Minnesota 55354 Re: Response to Comments Draft Lake Minnetonka Long -Term Management Program Dear Mayor Smith: on behalf of the Advisory Committee, we want to express our appreciation for the time that your city spent reviewing the Draft Management Program for Lake Minnetonka. Attached are our responses to your comments. It is apparent that your City conducted probably the most thorough review of the Draft Program. The Advisory Committee carefully considered each comment presented by your city. While we did not make every change sought, we did some major rewriting. Specifically, the chapter on "Management Structure" has been extensively reorganized to present the material more logically, clearly and coherently. We believe that you will find our explanations acceptable where we did not make changes to the Management Program. Your review was quite detailed. If you need further clarification, do not hesitate to contact us. Staff, elected officials and citizens of Mound dedicated numerous hours to developing this Management Program. Your contributions Improved our programs. Again, thank you for your past support. We look forward to a continuing close relationship with the City of Mound. Sincerely, RE T AUG 2 8 1990 RE ' L" AUv - o 1 J90 LAKE MINNETONYA CONSERVATION DISTRICT ohert Rascop, Chrrr Advi ;nry Committee c: Edward SilukIv, MilnaFcr ELI AUG 2 8 1990 is CITY OF MOUND (Public Hearing Ccminents) Paragraph 1. We thank the city for its compliments. Paragraph 2. , over the years, the LMCD has been effective within its limited authority. The long term plan calls for some changes in its structure that includes giving it the ability to be a stronger taxing authority. The City of Me nd believes that if such authority is granted, members should be elected by the people that they are taxing rather than the current system of appointments." RESPONSE: The Intergovernmental Relations subcommittee gave serious consideration to elected directors. The consensus was reached that the appointments should continue as specified in the enabling legislation. The Advisory Committee gave serious consideration to changing the Management Program to provide for direct elections. However,there are numerous boards that have the power to tax and are appointed here in Minnesota. These include: Suburban Henr.apin Regional Park District, Housing and redevelopment authorities, Metropolitan Airport Commission, Mosquito Control District, Port authorities, Regional development commissions, Regional Railroad Authority, • Regional sanitary sewer boards, Regional transit boards, watershed districts, Lake improvement districts, and, of course, Metropolitan Council For various reasons, it appears that the Legislature did not intend for these types of districts to be subject to direct voter review of their decisions. But more important for Lake Minnetonka, we believe that it is essential that the LMCD remain very close to the cities since implementation of the environmental controls for the lake are largely controlled by the cities. Because of that, and various other reasons, we feel that model provided by the agencies listed above is more appropriate for the LMCD directors to continue to be appointed by the 14 cities. Specific Issues: Item 1. The City of Mound applauds the I*A':D for its .fforts to fight the Eurasian Water Milfoil problem in Lake Minnetonka. This effort is an example of the LMCD's interest in protecting the environment. The City of Mound encourages the LMCD to continue to take a strong stance on the envirorunent. We thank the ir,.I >lernenia' ivn of tl"e Manal ,,, nt:. city for its Prog:am, as prohc.::�cl, believe that ropre "erits the best rn•rchinism f :Moving e n v i r c�n:,.. nt a l pr oI, o cn th. lake. • Item 2. "The City of Mound believes that land use rc?gula'.ions should remain • under city control." RESPCNSE: The Managerr.ent Program calls for no change in the individual city control over land use. The LMCD seeks no authority in this area but it does seek the following: 1. A consistent set of ordinances adopted and enforced by the cities that protect the lake, insofar as possible, from the adverse effects of development. 2. Opportunity to have staff review and comment on variances that may affect recreational use of the lake, environmental quality or aesthetics prior to the city taking final action on such requests. Note that this is review and comment only. No veto authority is proposed. Item 3. "The City cf Mound is against programs to reduce, and ultimately eliminate, grandfathering at municipal and homeowner association docks. It is the position of the City that it has itself 400+ Commons Docks which are maintained for the benefittof all residents of the City." RESPONSE: Shoul ity on the lake reach 6.0 acres per boat, the concept is to further re ccess growth. The City of Mound is not now grandfathered since the" s dock allocation is consistent with the one for fifty feet rule. f ' Implementation of the p! slow access growth after an initial increase resulting from incrPasia at access ramps. Individual cities may influence the growt rago on the lake through their ordinances controlling land us t Reduction and elimi df1thering will be particularly unpopular. The way to avoid it is :e Panagement Prcgram. but other, less unpopu: +r, re3trict r 'jt§ be strictly enforced. Elimination of gra R 6o•be implemented only when the directors believe it is neces idati oft of the lake to control unsafe conditions during r the first group h3n making that tough decision, g p targeted are those oy a - level of access not available to all residets and prop e q n ,Vj con3ider this an extreme measure to be implemented only in eitrem conditions on the lake. 1 r Item 4. "The City 1Ples t at the LMID should not incrc'a e access to Lake Minn•�t_nka f %r Cejre_ °i nte> at the t':;pi•.:3e ut ldx":;1,:'Ie owners." r , t • Froq an .Ines ir..:cas� ; +_ c >s foz no.,- 1 aK:'3h7I� I' lent:i e i�f; i. The ��ar:A:�nC1,• } }I'.:8 Cl?�'S in er lair rng ran t } r 1,3ke in r� �niti n of the • h ii`Y e li.,hc ? `, ':].,an A. �i_t.'e. ,.t •r r,t<;anization3 rr: nt a ;r. t' ! 1• •r:? '. - +t 1 y with c,f t.l:at r r.,.tt._n .,', y ., or without the support of the LMCD or the cities. It would be w,ong to develop a management program that does not take into account such standards. Lakeshore property owners are granted certain access rights under the state and Federal constitutions as well as by the LMCD. Should the conditions on the lake deteriorate to the point where it is necessary to reduce boat storage, then all forms of boat storage will be affected equally, in accordance with the priorities established by the Management Program. Those priorities protect lakeshore property owners consistent with applicable laws. Item 5. "The City of Mound supports the LMCD in obtaining authority to charge user fees for the use of Lake Minnetonka." RESPONSE: We note the support of the City of Mound. Obtaining that authority will be difficult. But, like so many worthwhile objectives, the effort will be worth it. In our negotiations with the Metropolitan Council, the DNR and the legislature we will need the support of Mound and all of the other cities. CITY OF MOUND (Letter to Arndorfer) • 1. "Page 18, under 'Historical Background' indi(- -s that there is a need for 700 caritrailer parking spaces for Lake Minnetonka. Assuming that the Hennepin Park District goes forward and builds a regional park on Lake Minnetonka, were the spaces created at the park (100 +) going to be counted within the 700 parking spaces ?" RESPONSES: Yes. 2. "Pages 29 -31, under item3 8 -6, 7 -6, 6 -4 and 5 -1. The word in 'review' is used 1(peatedly. What does 'review' mean in these contexts? How serious are you about these items? RESPONSE: Serious, but we do not think there is anything sinister or drastic about such reviews. Review means what it says. From time to time it is appropriate for the LMCD to take a thoughtful look at particularly important parts of its regulatory program. 8 -6 calls for a review of individual riparian :itoiage rules. The N,anager..�_nt Program calls for leveling user fees to the maximum ext - nt of the law. Right now, private riparian docks are riot 1 ir Ths� I,MCu should cor:si.'.e: t!:i n1'ti?n, but it is riot ra :iuircxi to ai :,uch a f-e. Further, it is r-ally n x :rs3ary for each lakeshore utsidernt to have up to four 1-.cats? These are 1;ut ::a: rles. Frv;o tir;,e to time the L;:CD h aid review 1 :art.i i :r.lr. r t..int l -ir is of their gul .. cy program. • 7 -6 calls f - .r r :...w ,e a -i j r,r . S :o! fur' f i :.il. dual trays for h�• c r.ri':l at .cn Thi 3 1.a..3e :.,, a r i ;t r ,.i. t.t r r zh r ime Such 3 a review would reveal where change is taking place -- positive or neqative. Then the LMCD can look for the reasons for the change. When reasons are identified, regulatory changes may or may not be desirable. Again, it provides one more opportunity to examine if the regulatory programs are achieving their purpose. 6 -4 and 5 -2 calls for review of rules governing riparian storage of boats. As with 6 -6, this provides for periodic review of the rules to determine if changes should be made. No guidance provided since it is the review that is important. The sitting Directors need to decide if change is appropriate. 3. "On page 21, you indicated present practice by one of the cities on the lake. We understand this to be Mound. Is this correct? If so, on page 28, you indicate: 'Accordingly, Lake Minnetonka access and use shall be managed to remain open for all citizens of the state, while riparian landowners have certain constitutional and common law rights of access, no other group shall be recognized as having special privi ?eges or other rights of access.' Is it the intent that the City of Mound's Commons Dock program should be open to all citizens of the state of Minnesota ?' RESPONSE: On page 21 the word "one" is used as a general term. There are saven lakeshore communities that have such docks. Mound is not singled out, but it is one of the seven. • On page 28, the Management Program does not prcpcse any change in the way that you operate your Commor.3 Docks. As background, when reviewing all options open to the management of the lake one alternative was forcing cities to open their docks. That alternative was considered and rejected by participants. (Rather quickly, we might add.) 4. "Payer 30 -31, items 6 -2 and 5 -4. S•7hat do these mean? Is it the intent of the LMCD to eliminate expansion of the City of Mound's municipal dock program? RE PCaISE• The purpose is Lo reduce grandfat tier ir,g at municipal. docks (6- 4), ultimately eliminating it (5 -4). Our understanding is that Mound is not grandfathe:ed, that it is within the 1:50 rule. Therefore, the-te have no effect on the City. Others would be affected. If the 1:50 rule does indeed apply to municipal docks, then Mound could only e::pand their dockage if more lakeshore property was acquired. 5. "Page 30, it « 7 -4. what is ratio,: ale l.,c'hin.s "more restrictive frontave - fo , t ruir7 r. - � t.t. ;n tyre L.:CD hculd :•. lust a review to determine if .� chc;r:ge is Warrar:'_ed. Periolir_ : ^= W of ?uch fundareental rules is f rani, i�,t. If th_:e .s a reason for a ct'r'rn. ^d hr a i thy .ltt J -tran'�n, thrr .. _;? :,c _ 01 ; . , Z . 4 6. "The City of Mound cornpl3ments you on items 8 -10, 8 -11, a! -: 8 -13 on page 30. These are positive statements. RESPONSE: On behalf of all the participants involved, thank you. 7. "Page 30, item 8 - 9. Is 24 hour presence of the water Patrol necessary all year round""' RESPONSE: No. We seek it only during the peak period from May 15 through Septerr)er 15 (page 42). 8. "Page 30, item 7 -8. Please clarify t:,e phrase 'following day on - and holidays'." RESPONSE: You have found a typographical error. Delete the words "the following day" 9. "Pages 30 -31. 'To i7.plement such an ordinance, the LMCD shall meet with each individual municipality to determine the classification of the nearshore waters of the lake. It is conceived that the cl.assifIcatiens adopted would be that of the city. The known exception would be the manufacturing district in one city on the lake.' Which city is this ?" 0 RESPO Spring Park. 10. "Page 32, the statement 'further public access points shall utilize remote parking and shuttles as appropriate.' How is this going to be paid for. RESPONSE: To be determined. First there are state funds administered by the Department of Trade and Economic Development for constructing access ramps and car /trailer parking areas. Second, there are regional 1�rogram3 also available. Third, we would like to see fees levied on users to pay for services rendered (parking and shuttles). However, the DNR has a serious problem with those kinds of fees. It remains to be seen if state mr_,nies will be available if parking fees are to be charged. If municipal funds are included, they will be included at local option. 11, 12, 13. On Lehalf of all of the part iciparitn, thank you. 14. "Pa� `.7, itc - --m #15. Cn pa -je 42, refetencc is made to the wr;rC under itc:n il. This word houl l be m.3dn a-ender neutral. Thr.re may Le othor refe1(_1I1 s tc Iranp-Dw(�T thr.,,:?h the :op rt that ft Id b changed.' iti< li''. ;:;` F: Aral w•c .. i l 1. . r y t.o f i r:-! an1 'Vol y onfr. • 16. "Faye 39, last paragraph scems i_� be overstating the use of law enforcement agencies for the lake. The Boa..'. of Peace Officer Standards and Training licenses peace officers in the State of Mirnesota. We don't believe that it dictates how many positions there should be in each law enforcement unit. that is usually up to the city wheie the laM enforcement agency is located." RESPONSE: Yoi are the second to raise this question. we believe that part- tirt:a officers are tri.ated differently from full time positions by the P.O.S.f. Board. 17. Typographical error noted and corrected. 18. "gage 50, 4th paragraph. References the Excelsior Commons. It states that 'only the Commons has the capacity to serve a significant regional population.' Is this referencing Excelsior Commons? If so, it should be stated as such. RESPONSE: Change made. 19. "Page 51. The statement is made: "The LMCD has a legislatively- mandated responsibility for public water - oriented shoreline recreational opportunities on the lake.' Is this true ?" RESPCNSE: Yes, see page A -1 second paragraph under Lake Minnetonka Conservation District. 21. "Page 51. The ztatement is made: 'The Lake Minnetonka Conservation District has legislative au;.hority over shoreline use and shoreline public lands.' Is this true ?" RESPONSE: Yes, for recreational activities. See page A -1 second paragraph under Lake Minnetonka Conservation District. 22. "The statement :s made at the top of the page: 'There is also a direct link between public ownership of shorelines and boating patterns. Where large parcels are in public ownership, and where physical features are favorable, rafting is an important activity.' We don't understand what this means; could you please clarify ?" I:ESFONSE: P +e recorn:nend adding a phrase so the sentence reads: "Where large parcels are in public ownership, are availahle for use by the boater, and where physical features are favorable, rafting is an important activity." this means that boaters will moor, beach or raft their boats together when given the >hportur,ity. if there is land available and if the l.ottom slope is gentle and covered with sand, t ;oat will beach tl.cir hats in:.t.<aad of cruising. 2 3. Faye_ :, itcm tl3, sub. b. O.�r. ur,c:« rstanling i.. Lhat thi., . ;t.,1t, ;: «11t allows • the I'MCD to have ?ut h0rit.y c «'r land u: >e ronLr l , rtn pr ✓iously st at�d in our 6 0 presentation at the June 6th public hearing, that we are against the LMCD having land use control." RESPONSE: A separate respinse on this appears above. 24. "Page 55, under item #8, it states: 'The present LMCD policy is to encourage development of additional intermediate or regional parks.' You should be more specific, i.e., Lake Minnetonka Regional Park. RESPONSE: No, the present LMCD policy is not limited to one single park on the lake. Second to the last paragraph of letter. "The City of Mound is also concerned with the statement under shoreland protection dealin with the thousand foot control of development, redevelopment and land uses. This becomes a very serious restriction, particularly as it pertains to industrial use, i.e., the former Tonka Tovs building, currently owned by Balboa of Minnesota." RESPONSE: The Shcreland Protection Program is the DNR's program not the LMCD's. What the LMCD has done is prepare a set of standards and criteria that we would rather see adopted by the 14 communities because we believe the lake will be better protected by our set. Even if this Management Program was not adopted, the City of Mound will have to face the requirements of that DNR program. Under the standards and criteria listed in Appendix C, the Balboa • property would be allowed to persist in its present use. Neither this Management Program or Appendix_ C gives the LMCD any authority over land use or zoning above the 929.4 contour. i s IN . / MINNE / ` O M A i t au toH 51 LAKE MINNETONKA CONSERVATION DISTRICT 402 CAST LAKE S1REL1 `AAY AW UNNLS01A ;'.391 IELEPHONE 6121473 7033 EUGENE_ W sIHoMMEN ( xtcif11VE 01111 (.1(111 BOARD MEMBERS Oavrd H Cr•, reran. Ch;.rr Greenwu„A Albert O Fume, V.ce char, Deepha —, Jan noswa. knl. S.+rrntary Mrnneionka E1 -ach John L,.wrnan. Treasurer Mmr.elr.sla Douglas F Hat, wk Spnn9 park Marv... F41... lm Tonk.a (fa James N (:r:a hw01 F C.0%.", JoEllen t. liar, O,00n John G PA .Omka f hu.na•: M rrhn .un Way,.,t., nobert K P.11,hury Mr no..I ... ka Robert na1: Or. Shore ....d 7ho ....... W H,..•:e Moun.f Rnbprl E Sin,_ urn Weodl.."d J 0 August 15, 1990 REC'u AUG 2 8 199 The Honorable Steve Smith Mayor, City of Mound 2710 Clare Lane Mound, MV 55364 Dear Steve: Enclosed is a letter addressing the 'written concerns posed by your city with respect to the draft long-term management program for Lake Minnetonka. It is our sincere hope than we have provided satisfactory answers to your concerns and that you can now fully endorse and support the plan. From the many public responses it was evident that some topics needed clarification, and a few needed modification. The Advisory Committee has so directed. I have attached a summary prepared by our consultant of the changes recon.- mended. We want to give everyone the chance to read and comment on the changes we are making in response to your comments. You are aware that the positions and concepts presented on each subject represent a consensus of the participants on the Advisory Committee and its subcommittees. In their judg- ment this plan is the best guide for the management of growing pressures of lake use and development. Each lake- shore city had input to the deliberations, both through its appointed representative to the LMCD Board, and through whomever they sent (staff or elected official) as an expert on the subject under discussion. Lake MinnetJnka by its very existence is the major attraction spurring the local growth of population, rl ,, velopment, and demand for lake use. it is a prime contributor to the tax base of the lakeshore citie It is a regional asset which we cannot allow to deteriorate. The Minnesota Legislature in 1967 established the LMCD with considerable authority to govern the lake through appointed representatives from the 14 lakeshore cities. Sincere, dedi cated, broad - thinking volunteers have given us 23 years of successful lake management. Other ay;encies have a somewhat (continued) LAKE MINNETONKA CONSERVATION DISTRICT The Hon. Steve Smith August 15, 1990 Page 2 parallel authority on the lake, which has caused some diffi- culties and a considerable amount of negotiation. This plan seeks to more fully recognize the LMCD as the lead agency to coordinate the activities of all. The lakeshore cities have had control of the management (within the statutory limits anc' requirements of other agencies and obviously don't want to lose that level of control. Those cities have also provided 100% of the oper- -iting budget other than fees, fines, etc. This plan seeks to broaden the funding base and at the same time gain the advantage of direct input at our table from some of the agencies without seriously diluting the local control. I urge you and your council to subordinate local concerns to permit you to endorse t his comprehensive plan. The alternative is legislative tinkering which in my judgment will be a superimposed bureaucratic agency with loss of local control. If the 14 cities can stick together on a single plan I believe we will be supported by the Met Council and the DNR, thus reducing the chances for legislative tinkering. 10 We expect the final draft will be presented to the LMCD Board on Wednesday, August 22 for consideration, with probable adoption on September 26. Please call me (474 -4743) or Executive Director Gene Strommen (473 - 7033), or any of the Board members if you have questions. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT David If. Cochran Chairman DIIC: jlm i enc: Agency & Public Comments c /er.c: City Administrator /Manager /Clerk , • LAKE r11NHE TUN ,A r-IANAUr-IENT PROuRA11 AGENCY AND F'1-1PL 11- Curt/ -TENTS RECT AUG 2 1990 D u r i ng the pul- I i r e v T 'w'w pe i ("I , : 0!11ne 11 t 5 war e r er, z i f r .: ty re le 1 .1 C it i e regional and state agencies, and the general p u b l i c . 0 , e - a I I , th c rmint2'n t 5 w e r e favorable, 511E pwo ive and incisive. ColmlewF received fall into four categorieK supportive Yatement3, which require no change in Hw progr owme n t z managem F , ? that require change=. in the manaz�-�nl it 'f C am , , 3. . onunents that do not warrant a change i t h e program, and 4 . comrinen it S based on mi !under standin It with r•D change rojA red. These falling into category 2 will materially contribute to the xu",5s of the program. Tho5e in categories 3 and 4, whi not f equir ing a :h3n;e in the do, urnen It , sometimes. r e q u i r e d e t a i l e d r e z pc- r. - -- ! . There is a clear con enSL15 Of the lakethore =ommunities and Of the COUllt regional and state agencies to adopt the m9nagement plan. Most comments were directed t, -ward the political aE; of i and Me n1ential for a , - hift i the power I a5e. Very few comment_ addressed technical all Ots Of the s tud y. tec i c from VuLurban Hennepin Fwks, hIt"Tolitall Co"nil and the EMR. EXECUTIVE r-AltNARY The primary or ithion on this Section was the werding of the goals for recreation management. As originally written, son-e : --,=trued the goals to favor ,growth of access. That is not accurate, Chwqev in wording were W& to IN reflect the actual goals: 1. we recognize that growth in arress will continue, 2. given that growth, the intent A to more effectively control that gi owth, In the -:,horelarid management section, =rime cities construed the Lr11,D review of variances to mean that the WOW sought authority over land use decisions at the expen-,e of the traditional authority of the cities. That i,- not true; the U11 seeks no r- +tjthority in this area. A minor wording change was made to clarify that point. More extensive chariqw5 are made in the later chapter on shore l a n d m a n a g e m e n t . INIRODUCTION i r e3pwie t.o one city's cor,ment, a clan -ge i*. made AE-Ji clarifies tl.= ,31.ithor it y of th Metropolitan Council od th I — to "K is nonaniu-0 i rmt am. Al a chrlj-'Jer :,f n1inn Statutes "OF mi it.-I that il-jf -d tr• the in i 5 u n e r 5 1 a n Ql i n q. RE f P[ A T PMJ no N A WHIHIf 10 A Alain, Lilt 11113tol' the ii roaWn lwnaj" nt j I clam Wr' ied as e . p I a i n n r e n d e r th 5 -N" r y . manaq�:-111 fj�, F� t j,: u jai I y the i i.: tat. i :4 jt t i ves is qeneratyd c'-,"1110-rit 8-2 (p. 2'i) was changed to assure a"formance with Minnesota and ccmnan law. 8 - 3 (p. 291 was changed for two reasons. The first is to assure corrc•rmance with law. The second reflects a --omment made by tno :iti -s concerning outlots. • Several clarifications were requested by individual cities. The DNA and tV. Metropolitan Council e:•pres°ed concern; for licansing requirements. Details on how the future el:cess =rudy for additional t•oat ramps were questic.r,ed. The Met r.;Pol itin Counc i 1 reque_ tell that th,, i ue of pr i.: inq ramped access to the lake be addre -d. We feel that k m appropriate for the detailed access plan that the program identifies as needed. A change has made accordingly. The DNA raised an issue with ice hou.e statistics. Minor wording changeL were made to ref lect those concerns. U` --ER EXPERIENCE AND SATISFACT1CrN One city :ought authority to enforce LMCD ordinances on the lake surface, even though it did not plan on providing ac!.ual boat patrols. The Sheriff's Department continued its Wong cpp to such, proposals. The Department also took strong exception to common access to the 4later Patrol radio frequency. A clarifying stat ?mint was added about the P.O.S.T. Board's actual authority. The nanagem.=nt objective on radio frequencies was changed to reflect mare general technological improvements and innovations. A major clarification is that the LMCD seek_ no new authority over land use in the 14 cities.. Instead, it _eek_ voluntary processes that improve coordination and communication. The Metropolitan Council sugae_ted that the LMCD _pek to be added as an agency providing comments on And use plans and land use plan amendments. Again, this is for comment purposes only, not for veto authority. It also requested that an operating plan be developed for new boat access parking lots where fees are charged. ENVIP t11Ai_ i tolUl 11;!N A new :n Par? and End- 3n ed spec iei will he aided. Mana?ement �hjvcniwe 0 will to changed to call for approved ern "on and sediment control plans on d ^vel;lmenes in the wdter_he Thi =. is n.ictent with the blatershed District requlations. Further, the LHW will adopt a policy of no net to *.s of wetlandi from d. +vnlc�Fment5, .vith e node for public, agencies. SHORE LAND PROTECTION This is the chapter that rased the most soncerns with four of the Wks. Fart of the problems refl =cted legitimate concerns about the effect of the DNR shoreland management rules on cities with downtown_ within the shoreland ::on- -. Others reflected th- concern that the LMCD was seeking further authority over land use decisions. One or two take exception to _-:-me very basic goals. of the DNA's program. A major clarification is that the LMCD seek_ no new authority over land use in the 14 cities.. Instead, it _eek_ voluntary processes that improve coordination and communication. The Metropolitan Council sugae_ted that the LMCD _pek to be added as an agency providing comments on And use plans and land use plan amendments. Again, this is for comment purposes only, not for veto authority. It also requested that an operating plan be developed for new boat access parking lots where fees are charged. ENVIP t11Ai_ i tolUl 11;!N A new :n Par? and End- 3n ed spec iei will he aided. Mana?ement �hjvcniwe 0 will to changed to call for approved ern "on and sediment control plans on d ^vel;lmenes in the wdter_he Thi =. is n.ictent with the blatershed District requlations. Further, the LHW will adopt a policy of no net to *.s of wetlandi from d. +vnlc�Fment5, .vith e node for public, agencies. At the request of the UNR , a - -ta t?ment explain the ef of the 110, the Watershed District and the LrI1-D to jointly develop a policy on minimizing the • effects of dredging will be added. MANAGEMENT STRUCTURE The Management Structure chapter has been re-written to allay t! concerns of a number of cities, to improve understandinq of the intent of the pro and to better )rqanizF- the inaterial- Several citi? felt that th- additional tax levy was not p iat,le. Others felt that the LMCD was se,:-kinq addit e, over upland areas. A final major concern was that reztru the LMCD Board WC-Uld make the LMCD lass responsive to the need= of the 14 cities. Rewr it inq and r ! tur ing of the chapter better pre!ent s the materia zo that these concerns the cities are addressed. Clarification of our intent also zhr,uld re-Ult in decreased opposition to -;,Dnia of the=• well under;.tood p o r t i o n s . Fit—J, f and mq for the program_. -".01tained in the Draft will be obtained a c c o r d i n g t o the following p r i o r i t i e s : 3. max revenues. to the f ul l extent of the law, and a u t h o r i t y b. seek f or a boat stic or other i n n o v a t i n g f unding mechanism 2. Gr an t 3 g i f t.. and donations - improve the existing program t. Ta•: levy 8. levy to the full l imit of the existing legislation (14 cities), b. extend the levy to the remainder of Hennepin County, and • C. riiak,- the levy independent of the individual city's limitation. Even th it is not fair, Carver County will not be includ in the di=trict since the political opposition to 1 .1 - tat, proposal makes it unrealistic in view of the amount of revenue expected. The LMCD Hoard will continue to be cornpo-I-d Df the 14 city appointed ' until =.itch time as regional funding is forth After regional rev is o b t a i n e d , t f ou r ri,--w Dir r z vv i I I be add -d The 14 c it ies will -.,-,nt inue to a p p o i n t t c•oin Dir•- ctor The new Directors will be s u bj e c t t 0 1 e 1 i it i i t a t 4 , n t t , he y ni u t b e c i t i :- e n v o l u n t e e r s , an not elected, PUbl i o f f i c i a l . . or staf f . The la t tr-r re- tr i t i =, al - 'Ur eS that the P•11 Doard c ontinues t,-, be 1:1]1nT of inter(--zto citizens as has been the case for more than 20 ptat I t is e -..enf: ia I that the Lr-l(. -0 remain especia C lo: to the 14 c i t ie- -,inre the ,:nv it onni-rif a 1 p -- t r t 1 n n s fo r t h e lake are large inip lern-ntc -d and =rifer rd [ f I , : - i n d i v i d u a l - i t i e -, - 1 .1 l t h e r e I a t i -D ri h i p b� t we e n the : i t i es a n d t h e LMC remain=. at lea=t as it ha =. been in the past, there is a rea dander that the e n v i r o n m e n t a l quality of the lake will de ad-> - vp n f a' te r than I t, w i I I if t Mana j e in - ? n t F' i (, q r a m i =- f i m p l e m e n t e d . Management )e t i — 2. were reorder --d. M 1 ri,:,r - I a r i i ( at ieDn s �- P" J.? t", ; "11 -. • 'SUMMARY We have attempted to resolve the concerns of each or-ganization comn,enting. N-tailed responses to each comment have been prepared and are being di =.tributed . to each organization or person that re <ponded. The primary problems that remain relate to shore land management. The continuing concerns of the few cities still unresolved directly relate to the provision of the ONR Shoreland Manag -ment Program. There is no change that we can make to our Management Program that will remove those concerns. Tho_.e citie_ will have to deal with the ONR. 0 4 • 0 LAKE MINN ET DIRECTO N SERVAT I ON DIST"MV AU 2 8 Wo Douglas F. Babcock Home: 471 -8757 SPRING SARK 2450 Island Drive Spring Park, MN 55384 Marvin Bjorlin 115 Crabapple Lane Tonka Bay, MN 55331 Jan P. Boswinkel P. 0. Box 117 Minnetonka Beach, MN 55361 David Cochran 4640 Linwood Circle Greenwood, MN 55331 Albert (Bert) Foster 18900 Rutledge Road Wayzata, MN 55391 James N. Grathwol 216 Water St. Excelsior, KN 55331 JoF.11en L. Hurr 930 Partenwood Rd. Long Lake, MN 55356 John Lewman 6250 Game Farn. Rd. Mound, MN 55364 John G. Malinka 7300 Lilac Lane Victoria, MN 55386 Thomas Martinson 140 Barry Ave. N. Wayzata, MN 55391 Robert K. Pillsbury 16560 Grays Bay Blvd. Wayzata, MN 55391 Robert P. Rascop 4560 Enchanted Point Mound, MN 55364 Thomas W. Reese 5641 Bartlett Blvd. Mound, MN 55364 Robert F. Slocum 2530 Spirit Knob Rd. Wayzata, MN 55391 Home: 474 -7848 TONKA BAY Home: 471 -9448 MINNETONKA BEACH (Secretary) Home: 474 -4743 GREENWOOD Bus.: 341 -4444 (Chair) Home: 413 -2240 DEEPHAVEN Bus.: 941 -2995 (Vice Chair) Home: 474 -9230 EXCELSIOR Bus.: 474 -2955 MOUND Home: 471 -9801 ORONO Home: 473 -4347 (Past Chair) Home: 471 -4524 MINNETRISTA Bus.: 341 -4444 (Treasurer) Home: 443 -2580 VICTORIA Bus.: 941 -2995 (Past Chair) Home: 473 -5259 WAYZATA Bus.: 473 -4133 MOUND Home: 473 -6642 MINNETONKA Bus.: 476 -3520 (Past Chair) Home: 474 -1517 SHOREWOOD Bus.: Pager number (Past Chair) 640 -0944 Home: 472 -4435 MOUND Bus.: 540 -2583 Home: 473 -4347 WOODLAND Bus.: 334 -6212 0 9 0 ■ Sailor RIrDAL628 1990 MINNESOTA SUBURBAN NEWSPAPERS & A with th LMCD — Comprehensive Manageme Pl under scrutiny hat is the Lake Minnetonka (Wrnprehensite Management 'Ian* it's a plan, a program. for .inaging the lake for the next :Ears or so. Its a guide for the CD to follow as well as the :t,es and other agencies to 'How. that was the impetus for the reation of the plan" 'there were several. If you go lick to around 19K. the LIICD card and some of its former :embers and chairman and in- •rested citizens thought we wind look into the future and -e sure we were doing the nght The Lake Minnetonka Conservation District (LMCD) Board of Directors will soon vote on accepting the Lake Alinnetonka Comprehensive Management Plan, a plan outlining future management of the lake. The plan is the result of a two -year study conducted by a consultant in conjuction with LMCD board members, other interested state and regional agencies. the 19 cities bordering the lake, and interested members of the commumtti'. It includes 12 sections ranging from controlling density of boats on the lake to protecting the lake as a natural resource. In an effort to better understand the significance, and impact, of the plan. the Sailor conducted a question- and - answer interview with Dave Cochran, chair of the LMCD and Greenwood's representative to the board. We were already in the throes of saying we were doing one anyway, so all these things came together and we started going. Why were these agencies calling for a longer -range lock at managing the lake? Part of it stems from a lack of knowledge of what really was happening on the lake. Both agencies. and occasionally members of public or the press. have taken on a single issue and not realizing that already in place was a sound orgartiTaLion thing or see if some changes needed to be made. About the same time there w -:; some criticism surfacing that we weren't getting some things done. The big issue seem- ed to be the DNR- instigated bat- tle over lake access. That had been brewing since 1982 through two task force reports. Out of those two reports were the statements that the LMCD should become the lead agency working on lake access. The lat- ter task force, set up by the Metropolitan Council, said the LNICD should do a management plan. Q do A: To page 12A �,nennds 4J4hUr"V^_ Jd��Or — Wu6., Aug. 1. 1� • • & A m page 1A ordinances. the press of population -­uses and demand to get out , : , .e lake, and, along w;th, in >pinion, not a fint -lass job .a and ccurtesv rcemer,t. Ito you see this plan affec- users of Lak• Minnetonka? shou:d ir.prove their ex- nce, their enjoyment of the We have certain provisions '~e planl in respect to boat tv that call for improved �•n.forcement presence; and, -!essay increases, the plan -." for better and improved enforcement -;ervice-s. we don't get the latter, then .would tighten down the n.bscrews on the boats en the -.e in a fair way. We would ae-� up some public access, :::e marina access, and some of the rir access. In the cc;_ of doing that you reduce the density enough so (the boatingl experience stays the same or gets better. Either way there should be improve- ment for people (on the lake]. The plan also gets involved with the shoreland management concepts and those are pig - g backed on the DN'R plan. I think we have made im- provements that fit this lake better. The plan then should either hold the aesthetics of viewing the shore from the lake at either its present level or make some form of improvement in the future. flow do you respond to some of the cities that have raid that if the plan is implemented as is, that the LMCD will be moving its authority unto shore? Well they are dead wrong. %Vhy does the plan call for levy - ino a new tax? One of the major issues and concerns out there is the :eve! of law enforcement. i t ma}• be a percep :ien, it may be real. But people thiruc there is a lot of buz- z:r,, out there that is disrupting their peace and quiet. ki there is a need for an in- crease in the presence of law en- forcerr. also a nerd for doing the lob. Part of the funds need to go for an merease in the Water Patrol or whatever else is going; to do the lob. We also recognize (that the L.ICD hall difficulty making inspe.. -,ons. We have difficulty rtforcing rules because we don't nav the time or the staff. They just didn't read the plan. Our consultant has written a response to each question that the cities submitted. For the most part, I think it is either misinterpretation or not looking at the total of the plan. Because really, the net effect is that we are not introducing another layer of government. The authority that we have is already there. We just haven't used all of it. In our shoreland rules section, we basically would operate through the city. The city must, according to the DNR regula- tions, adopt ordinances similar to what is in the (the plan's] shoreland regulations. The Dti'R has written off on our shoreland regulations say - Lng they are OK and compatible with theirs. The cities must adopt ordinances, so they are going to do the enforcement. We are taking on the respon- So we have to have an in- crease in budge! is what it boils down to. both for the LIVICD itself and the law -enforcement side. And probably for the county public works to do its work, like dredging channels. Almost all the money that goes directly to the LMCD comes from the cities themselves. When most people stop to think about it, it is the people who benefit from the lake who should pay. Certainly all the boats out there benefit, so they should also be doing some of the paying• sibibty to negotiate with the cities to get those adopted, as op- posed to the DNR doing it. Now there is some objection to that, but I think they would rather deal with us than with the DNR. Why do you think that? Because we are closer to peo- ple, we understand them and they understand us better and we are part of them in a sense. The DNR is big daddy up there and they have a big stick, and I think there is more fear and there is a certain amount of rememberance over the issue of Halstead Bay access. I think the DNR sees that they gain by having us do it, and I think we gain by giving them the cooperation. We don't want to do anything more than guide the cities in a direction that is good for both themselves and the boating public and the lake -using public. And certainly the people who use the parks, charier boats and so on get some benefit. Certainly the riparian owners benefit, and they will all scream to heaven that they are paying now. And they are. As a side note, the cities of course are screaming because they have ceilings on the amount of money they can raise, and it is very difficult for them to want to spend more money on the conservation district. So, somehow we have to keep the monkey off their back. A separate district would get them out of the business of having to put (LMCD funding] in their mill-rate. Some people have said that the plan is really doing nothing but creating another beauracratic level of government around the lake. flow do you respond to that? Basically that government is already there. We have authori- ty to tax, to make ordinances and the authority to enforce them. The question is shall we do it, do it more strongly, or get someone else to do it. There are a number of stakeholders that have authority t over what happens around the lake. The cities have a certain piece, we do, the watershed does, the DNR does, Hennepin Parks does, and so on. And the philosophy in the plan is to try and get these groups to work more closely together behind a common goal. And we hope this plan could be the com- mon goal. Why do you think the LMCD should expand its membership to include other regional agencies? If we are going to take tax dollars from a broader area than the 14 (Lake blinntonkal cities, there should be represen- tation from that broader area in some way. There have been many ideas proposed. The second issue is that there are a lot of agencies that have some degree of authority over what happens out on the lake. And what better way to get them into the same forum to discuss what happens Q & ro DeXt page • • 0 Chenhamm, StAw —Wod., Aug. 1. 11100 -13A rom previous page rutead of everyone acting Independently? That is the philosophy of the Man. The issue had many posi- tions taken when we debated it. I think it is obvious that the - -sties do not want to lose control of managing the lake. I think :ere have been noises over the years about higher -level agen- cies wanting to do this sort of thing. clear up to the legislature and the DNR. But the 14 cities don't want to give up. When you look at it, they are doing a good job. We have good ordinances in place and all we have to do is better enforce them. Ten dollars a year f a boat sticker is pretty darn cheap when thinking most of the boats out here start at t1o.000 and go up to $100,000. So there ought to be more money from a boat sticker. But that's a wig political mish- niash twat we don't see getting settled in the next few years. One would call for a Lake Min- netonka use tax and that would hit all equally. But the DNR is opposed to that sort of thing for a number of reasons. Here is some talk Dave Cochran about a metropolitan boat sticker, and I would suspect that will get reviewed in Legislature when (the plan] hits the Legislature. That form of income looks like it's not immediate. It's got a political process, therefor what is the next best issue? Looking at who the users are, statistics show 92 percent of boats come from Hennepin County, and almost all the remainder from Carver County. So, therefore, why not set up a tax ng district that encompasses that area? That philosophy is already in use with many agen- cies like watershed areas, the Metropolitan Council and the Metropolitan Waste Control Commission. Politically, I think the way the plan got written is that you could sell a Hennepin County-wide taxing district. The kind of money we need w( be rather minimal per household, so it is spread pretty thin. It's not as fair and direct as a boat -user tax certainly, but until we can get the legislative people to see that, [a new tax] is the next best issue. What is the next step in adapting the plan? The next step it to have the (LMCD's) Advisory Committee decide what it is they will recommend to the full board for adoption. Once adopted, then the Met Council has the — I'm not sure of the term — I think it may be 'review authority.' But I don't think they can say, 'Hey, you can go' or 'not go.' That's on paper, but I think they could get away with it. Once all of these acceptances are in synch, then all of them have to go to the Legislature with a joint package. In other words, you have to get the fun- ding for the Water Patrol, board makeup settled, and the taxing district settled. There are very few changes that we are advocating in the plan to existing authority. Real- ly we are just seeking to get all the agencies and the cities work- ing together by agreement, and the agreement becomes the guide and plan for this direction. The LMCD Advisory Committee will meet at 5 p.m. Aug. 1 at Tonka Bay Village Hall, 9901 Manitou Rd., Tonka Bay. Com- mittee members wi11 discuss the responses to the cities' questions and may vote on a final plan. 51 • • LONG -TERM MANAGEMENT PROGRAM FOR LAKE MINNETONKA REC'b AUG 2 8 1yyU PREPARED BY LAKE MINNETONKA CONSERVATION DISTRICT WITH GUIDANCE FROM THE MANAGEMENT PLAN ADVISORY COMMITTEE 0 PREPARED UNDER THE DIRECTION OF David J. Arndorfer, Ph. D. Arndorfer Associates, Inc. 8700 Villa Crest Circle Knoxville, Tennessee 37923 With the Assistance of Frank Mixa William Kattner Barr Engineering Company THIS PROGRAM WAS FUNDED BY THE LAKE MINNETONKA CONSERVATION DISTRICT • SEPTEMBER, 1990 ACKNOWLEDGEMENT • The Lake Minnetonka Conservation District extends a special appreciation to the members of the Advisory Committee who dedicated many thoughtful hours and committed numerous evenings over the twenty -four months spent formulating this Management Program. Mayors, council members, public officials, agency staff and interested citizens too numerous to mention contributed the ideas that are reflected in the ensuing chapters. To `he extent that those programs and concepts are innovative or creative, it is because of them. Special thanks also goes to the patient staff of the Lake Minnetonka Conservation District who helped facilitate the planning process. Individuals who come to mind who made particularly important contributions and were particularly dedicated participants include James Ault, Dr. William Becker, Jan Boswinkel, David Cochran, Albert Foster, James Grathwol, JoEllen Hurr, Timothy Marr, Jack Mauritz, Robert Rascop, Thomas Reese, and Eugene Strommen. Shale Nyberg helped maintain perspective during particularly important discussions. Frank Mixa, the Executive Director of the Lake Minnetonka Conservation District during the formative months of this project, contributed a wealth of knowledge, insight and past experience that greatly facilitated the development of the Management Program. His experience helped avoid pitfalls and clarified alternative approaches. • The 14 lakeshore communities, Suburban Hennepin Regional Park District, Hennepin County Lake Improvement Program, Hennepin County Sheriff's Office, Metropolitan Council and the Departmert of Natural Resources willingly committed resources and provided data necessary to the successful completion of this project. Additionally, their previous studies and experience provided the foundation upon which this program is built. The subconsultants, Barr Engineering Company and William Kattner made important contributions in their assigned areas. Finally, to all the individuals, whether in the cities, in government agencies, or of the general public, who took time to review the Draft, we express a special appreciation. Those comments either improved the Management Program or caused us to pause and reflect on previous decisions. The fact that we did not always change the Management Program to reflect some comments simply confirms the complexity of managing such a popular resource for the broadest possible range of users. EXECUTIVE SUMMARY • The Long -Term Management Plan for Lake Minnetonka provides a 25 -year guide for maintaining, and enhancing where possible, the environmental quality, recreational experience, and aesthetic quality of the lake. But the plan cannot be implemented unless users benefiting from the lake provide substantial new funds. Presently, the agencies managing the lake have regulations and are lacking i. enforcement. The overall objective of the Plan is to be active in both regulation and enforcement, and to develop the Lake Minnetonka Conservation District (LMCD) into a strong and consistent advocate for lake programs in all organizations. Not all the new revenues are targeted for the LMCD. Incremental funds are needed for programs in other agencies who are already capable of implementing needed services if their funds could be supplemented. But implementation of the Management Plan also requires a new level of courage. If the environmental quality and user experience on the lake is to be protected, difficult decisions will have to be made by all managing entities. Decisions that limit certain types of development and specific types of access will not be popular. Popular or not, they are necessary. Every agency involved with Lake Minnetonka is affected by this Management Plan. The Department of Natural Resources (DNR) and the Minnehaha Creek Watershed District need to better fund existing programs, tighten regulatory controls and provide more enforcement. The cities need more extensive shoreland management and environmental protection programs. The LMCD needs more clearly defined goals, more consistent access controls and a program • for better regulating ever increasing use of the lake in the summer. RECREATION MANAGEMENT The ultimate goal for recreation management is fourfold: 1) to more effectively manage access growth, 2) to establish priorities for such access growth as occurs, 3) to implement a set of controls that will be progressively more restrictive as use of the lake continues to increase, and 4 to reduce conflicts, thereby maintaining the quality of the recreational experience. The MCD does not encourage increased summer use, but it will more effectively control such growth as it occurs. The intent of the program is to present modifications to existing management practices and regulations and not to supplant those rules and regulations. To accomplish these goals, managing entities shall: 1) continue present regulatory practices, 2) impose increasingly restrictive regulation as boat density increases on the lake, 3) improve regulatory tools, 4) tighten existing practices, 5) support a program to establish 700 car /trailer parking spaces,, and 6) main*ain and improve winter access. • vii USER EXPERIENCE. AND SATISFACTION The four major goals for protecting user experience and satisfaction are to: 1) continue and enhance basic public safety, . 2) better enforce all ordinances, 3) improve and expand activities in public comfort and enjoyment, and 4) facilitate coordination and cooperation between law enforcement departments active on the lake and lakeshore. Enhancing user experience and satisfaction on the lake i m„re than protecting personal safety. Density of boats on the lak. dill increase during peak hours. As that happens, additional law enforcement presence and more active enforcement of all ordinances will be required to maintain the current level of user satisfaction. A significant portion of the funds needed for improved lake services are targeted for increased patrol hours on the lake. Present density on the lake is eight acres of usable lake surface per boat (see definitions in Appendix B). When density reaches seven usable acres per boat, 3000 additional patrol hours shall be added. Otherwise, no further access growth will be allowed on the lake. SHORELAND PROTECTION The LMCD seeks no new authority over land use on the shore. But it does seek better coordination and communication between political entities with such power. Lake Minnetonka is particularly affected by the actions of the 14 lakeshore communities, the Minnehaha Creek Watershed District and the DNR in controlling development and redevelopment within their jurisdictions. To • protect the lake, controls need to be imposed beyond the shoreline and riparian parcels of land. Accordingly, this Management Program presents guidelines for controlling development, redevelopment and land uses within 1,000 feet of the lake. The overall strategy is to use a two - pronged approach to minimize the adverse effects of development. The first prong uses the existing DNR shoreland management program as the basis for developing a consistent set of ordinances in the 14 lakeshore communities. The second prong uses the 509 Plan being prepared by the Watershed District to assure objectives are met. The LMCD needs to provide review and comment and to assure that individual communities and the Watershed District adhere to their rules - nd ordinances. Beyond the two - pronged approach, specific goals are identified to increase and enhance shoreline recreational opportunities. E.NVIRONMF.NTAL PROTECTION The challenge facing resource managers protecting the natural environment in and near Lake Minnetonka is to implement development controls that will inhibit the inevitable decline in water quality and the functional values of wetlands. Programs to protect the natural environment extend beyon(: 'he shoreland within 1,000 feet of the lake to include the entire tipper drainage basin. viii • In order to achievement environmental protection goals, the I_MCD has to rely on other agencies and the 14 cities. The LMCD has authority to • regulate activities below the 929.4 contour (ordinary high water), but it must rely on cities, the Watershed District and the DNR above that level. Rather than create a duplicative layer of authority, protection of the Lake Minnetonka environment will continue to rely on the programs of the DNR, Watershed District, and cities located in the upper watershed. MANAGEMENT STRUCTURE The Management Program forges a new working partnership between the LMCD, municipalities, Watershed District, Suburban Hennepin Regional Park District, Hennepin County, the Metropolitan Council and the DNR. An important role of the LMCD will be to act as an advocate for lake programs, to keep partnerships functioning and to maintain consensus with respect to priorities and programs. The management structure builds on strengths and does not create a new layer of government with the concomitant bureaucracy. An essential function of the LMCD, beyond its regulatory programs, is to help assure that other agencies have the resources to implement their programs. The LMCD does this by being the foremost advocate for the lake, not by direct funding. In this way, traditional authorities and programs are maintained and enhanced when warranted. Funding for the lake shall be by shifting costs to users to the fullest extent of the law. Beyond that, the existing taxing authority of the LMCD • shall be extended to include most of the area from which users originate and to be independent of the lakeshore municipalities. If aad when regional funding is forthcoming, changes are proposed to the LMCD Board of Directors to include four regional agencies as voting members. • N • I. INTRODUCTION PURPOSE This Long -Term Management Program provides a 25 -year guide for maintaining, and enhancing where possible, the environmental quality, recreational experience, and aesthetic quality of the lake. It is intended for use by managing entities to control the level of change that occurs both on the lake and in the adjoining upland areas in order to: a) protect the lake from pollution, b) preserve and protect the natural environment of the lake and its communities, c) provide for open public access and use of the lake, d) protect the local tax base, e) enhance aesthetics, both from the shore and from the lake's surface, f) protect public health, g) protect public safety, as well as h) assure protection of the lake from other detrimental effects of human activities and certain natural processes. To achieve these protection and management objectives, this Program covers not only the lake and its shorelands within 1000 feet, but provides some guidance in the drainage basin above the lake to assure environmental protection. The need for the Program arises from the multiplicity of political entities • which have legislatively mandated programs affecting Lake Minnetonka. Review of Minnesota Statutes leads to the conclusion that the Minnesota State Legislature intends lake management to be jointly conceived and implemented. To varying degrees, each state, regional end local entity empowered by the legislature has programs that affect protection and use of the lake. The intent of this Long -Term Management Program is to enhance, not to supplant, those programs. The two -year, multi - organizational planning effort has culminated in a single program of action that protects the integrity of each individual organization's programs where possible, enhances them when warranted, but above all attains consistent protection for the lake. The greatest threat to the lake in the next 25 years comes more from re- development than from development. In order to control such pressures, this Management Program reflects the multi - organizational decision to assure that major actions which have effects extending beyond the purview or jurisdiction of a single managing entity are subordinated to the greater public good and interest. The guidance for determining the greater public good and interest is contained in this Long -Term Management Program for Lake Minnetonka. Within this context, the Program affirms traditional local, regional and state controls and programs. The Management Program can be implemented without significant alteration of traditional authorities of State, regional and local political bodies. Instead, the Program provide3 guidance on how existing authorities shall be • used to control ievelopment on aAd near the lake for the next 25 years. That requires implementation through cooperation and communication at an unprecedented level. Each organization must formulate, or re- formulate, programs and implement policies that are consistent with this Management • Program. Without that, the fragmented and uncoordinated policies of the past will continue to generate strife, controversy and conflict, with major decisions resolved by the courts. HISTORICAL BACKGROUND Perspective In the last ten years, organizations involved in managing the lake have developed increasingly divergent management goals for the lake. Differences included shoreline uses, natural environmental protection, level and type of recreational use, but the conflict between management programs focused on access to the lake. The conflict between state and regional interests and various local organizations over boating access and management of Lake Minnetonka can be traced to the change in state and regional priorities for boating access during the middle and late 1970s. Prior to that, management of the lake and its access was left exclusively to local and county interests. But in 1979, the Metropolitan Access Committee listed Lake Minnetonka as a first priority lake with inadequate public access. In 1982 the Governor's Task Force on Lake Minnetonka was formed in response to conflict between state and local interests in locating a new access point on Halsted's Bay. In 1985 the Metropolitan Council's Task Force on Lake Minnetonka was established to further resolve that continuing conflict. Regional and state interest in access to Lake Minnetonka changed, but the institutional arrangements, intergovernmental relations and funding for lake management and access programs did not change. On one hand, state and regional agencies raised their priority for involvement on Lake Minnetonka, but local interests, including the LMCD, continued to operate with their traditional goals and objectives. Improved cooperation, coordination and understanOing were absent; conflict, misunderstanding and separate priorities were inevitable. Changing state and regional priorities for the lake was not enough to change local programs and goals. Concomitant alteration of institutional arrangements and intergovernmental relations were needed but were not identified and implemented. A different level and scurce of funding were required but did not develop. The local institutions did not respond the way conditions required. The result has been misinformation, breakdown in communication, finger - pointing, and lawsuits. The outcome was predictable, inevitable and wrong. Changing Priorities From the late 1800s to the late 1970s interest and management f the lake was c<.ncentrat d in local individuals an.i organizations. Despi', dvocacy by the LMCD and other local interests, proposals to form one or more regional parks on the lakeshore in the 1960s and early 1970s did not advance (LMCD Recreational • Policy, 1972; Metropolitan Council's Task Force on Lake Minnetonka, 1986), 2 • presamably because regional agencies placed their priorities elsewhere. Wit)in this framework of missed opportunities, in 1979 the Metropolitan Access Committee, reflecting changing state objectives (as expressed in the State Comprehensive Outdoor Recreation Plan), listed Lake Minnetonka as a first Priority lake with inadequate public access (Metropolitan Access Committee, 1979 pp. 4 and 7). For the first time, regional and state agencies expressed interest in managing access to the lake to assure their regional and state objectives. Unfortunately, inst'_utional arrangeme: and intergovernmental relations were not altered in response to this chant' n regional priorities. The 1979 Access Committee findings stated that their goals for Lake Minnetonka were to be implemented by the Metropolitan Council "at the regional and local service levels" (Metropolitan Access Committee, 1979, pp. 6 -7). Suburban Hennepin Regional Park District was Hennepin County's primary lead regional agency; the Lake Minnetonka Conservation District was logically the lead local agency. But in less than two years it was ti,3 DNR (state) that began implementation of the access goals on Lake Minnetonka. Therefore, by 1981 the boating access situation changed from regional and local lead to one where the state began to take an active interest in management of access to Lake Minnetonka. Unfortunately, the change in priority and heightened state interest were not sufficient to achieve the goals without conflict with local communities. Lake Management The formation of the Lake Minnetonka Conservation District (LMCD) in 1967 was precedent setting in Minnesota. As the State's first lake conservation, or improvement, district much of the impetus and the underlying concept originated from interested individuals living on and near Lake Minnetonka. The organization formed had broad powers, but limited funding capability. Apparently, the founding fathers of the LMCD intended to limit the real power of the District through its funding mechanism. That mechanism precludes aggressive and active management of the type demanded by recent events and that proposed in this Management Program. In 1972 the Minnesota State Legislature enacted the Minnesota Lake Improvement District Act (M.S. 378.455 and 378.41 to 378.56) which was obviously modeled after the LMCD organic act. Significant differences lie only in the mechanism for funding; Chapter 378 districts are provided more realistic methods to finance their necessary activities. The first major focus of the LMCD was on environmental problems, reflecting deteriorated water quality problems partly related to discharge of sewage treatment effluent into the upper drainage basin and directly into the lake (Minnesota Pollution Control Agency, 1971). Also, through its first •-wo decades, the LMCD established an impressive Code for lake access and use management. It also fostered a water safety program - :entered on assuring law enforcement sufficient to protect public safety, and generally controlled structures placed on the lake and its shoreline. intergovernmental relations centered on fostering local communication and coordination to solve common lake management ,roblPms. One tacit objective of the LMCD through these . years was to regulate "only as necessary" (Summary of Planning Conference, 1985). 3 During the last decade, the LMCD was less successful in intergovernmental • relations with regional and state agencies active on the lake, enforcement of District regulations, and management of conflicts both between users and between local and reqional interests (Summary of Planning Conference, 1985). Throughout tuis period, and continuing today, the District relied on inadequate funding that only permitted minimal staff. Given the fiscal constrai..ts imposed by the 1967 legislation, the District focused on local, not regional, relationships and concerns. At this same time, the lake was in transition. In the 1960s and 1970s various proposals were made for large recreational open space sites on the lake, but none were acquired. Thus, when boating pressure was lighter, when less shoreline was fully developed, regional interests did not seize the opportunity for assuring a high level of public access. In 1979 the Metropolitan Water Access Task Force (composed of State and regional agencies) identified Lake Minnetonka access as a priority goal for acquisition. By 1982 the shoreline of Lake Minnetonka was effectively fully developed except for areas in Minnetrista and Mound. Late in 1981 the Department of Natural Resources (DNR) announced intentions to begin acquisition of an access point at King's Poin`. on Halsted's Bay -- too late to avoid conflict. The City of Minnetrista asked the State's Exec•.t.ve Council to intervene in the ensuing dispute between the City and the DNR. The Executive Council's response was to form the (Governor's) Lake Minnetonka Task Force. That task force addressed three broad issues and concluded: 1) inadequate public access existed on the lake, 2) density of boats during some peak hours on some parts of the lake present potentially hazardous conditions, 3) conflicts exist on the lake during peak periods, 4) existing law and regulations are adequate, and 5) enforcement is limited by inadequate funding. An important conclusion was that adequate and continuing personnel and funding are required to implement the recommendations of the 1983 Task Force (Lake Minnetonka Task Force, 1983). No significant changes in funding have been provided since. The dispute between the City of Minnetrista and the DNR continued. In 1985 the City again appealed to the State Executive Council over the DNR's plans for the King's Point access site. This time the Council instructed the Metropolitan Council to review access to the lake. The Metropolitan Council formed the Metropolitan Council's Task Force on Lake Minnetonka (Report, 1986). This second Task Force addressed eight issues in four broad areas: 1. boat and shoreline access on the lake, 2. find'ng for management and access, 3. intergovernmental relations, and 4. status of research. The Task Force concluded that public access was indeed inadequate and that 700 car /trailer parking spaces were needed on the lake. Further, it called for a new process for planning and regulating surface use of the lake, formulation of a ManaS Plan for the Lake, and increased expenditures • for lake management. 4 • The Systems Committee of the Metropolitan Council maintained the interest of the Council in reviewing progress toward implementing the 1986 findings. In 1987 and 1988 it considered alternatives available for developing a management plan for the lake. Ultimately, it endorsed the Lake Minnetonka Conservation District's efforts to develop this Program. But to gain the support of the Systems Committee, the LMCD agreed to complete the Management Program within two years. PLANNING CONTEXT The Management Program was developed using concepts proposed by Stankey (Starkey and MCCool, 1984; Stankey et al., 1985, Stankey et al., 1985a). The process focuses on Limits of Acceptable Change. That is, it involves the extent and type of change to be permitted on Lake Minnetonka and in its shorelands. The focus is on both development and redevelopment; those that are acceptable and those that are not. Limits of Acceptable Change, as applied to this planning effort, means that the various committees, subcommittees and the LMCD Board examined various local regional and state ordinances and programs to determine the type of change presently allowed. The second step was to determine the level of change that was acceptable to all those with a stake in the lake and its shoreline. Over the two -year period of development, goals and objectives were established to identify types of changes that were acceptable and those that were not. Implementation programs and long -term monitoring programs were developed to assure that change is limited to that which is acceptable. Conceptually, such limits on change need not always be uniform around the lake. Minnetrista, for example, has developable land remaining. Other comn.anitics have no developable land remaining, but are experiencing redevelopment pressures. Our panning efforts, management objectives and implementation programs consider these inherent differences. Further, the development of the management program for the lake was considered within a three -fold organizational framework of concerns as explained by Manning (1986). These concerns are: 1) natural environment, 2) social environment, and 3) management environment. Each set of issues addressed were examined within these three contexts. The four steps proposed by Manning (1986) are being followed to develop and implement the Long -Term Management Program: 1) inventory existing conditions, 2) determine management objectives, 3) develop management prescriptions, and 4) monitor and evaluate success. The contents of this Long -Term Management Program reflect the completion of steps 1 throe;' 3. Implementation includes the Long - Term Monitoring • Program which provides guidance for m and evaluating success (step 4) . 5 PROGRAM FORMULATION • The LMCD Board formed the Long -Term Management Program Advisory Committee to formulate the final program for action. The Committee was formed prior to selection of a consultant and before the two -year work program was developed. The Advisory Committee which developed this Program was composed of: Representatives from the 14 lakeshore communities, Hennepin County, Metropolitan Council, Department of Natural Resources, and Other interested agencies. Membership on the Advisory Committee was open. Depending upon the topics being discussed, participation at individual meetings changed. Some agencies sent representatives only to some meetings. At times, members of the general public participated. Virtually all decisions concerning the content were by consen-us. Consensus was also maintained throughout each of the subcommittees. Recognizing the level of effort and the time commitment required to develo the entire Action Program, the Advisory Committee formed subcommittees to address specific topics. Each subcommittee made recommendations to the Advisory Committee concerning the twelve individual Preliminary Plans that were developed. The subcommittees: 1) identified problems facing Lake Minnetonka and its upland areas, 2) selected those problems that should be addressed, 3) identified management objectives for individual problems, 4) discussed alternative ways of meeting the management objectives, 5) recommended the preferred alternative or set of alternatives, and 6) considered the environmental consequences of the proposals. Thus, the Advisory Committee relied on the subcommittees to perfo-m much of the actual planning. Subcommittee membership differed from the Advisory Committee in two ways. First, the Advisory Committee tended to be composed of agency representatives that were more policy, not necessarily technically, oriented. Partic ;pating organizations were a,ked to send their most technically qualified individuals to subcommittee meetings. Secondly, subco. ittees often had organizations represented that did not serve on the Advisory Committee. These organizations normally had a more focused interest in the lake and opted to participate only in those areas of direct concern. The active subcommittees were: 1. Shoreland Management: 2. Onshore Facilities 3. Upland Environmental Protection 4. Public Safety 5. Lakc Access 6. Lake Use • 7. Fisheries Manag(.� F . 8. Wetlands Management 9. water Quality Management 10. Institut_.;nal Arrangements 11. Intergovernmental. Relations 12. Funding Elected officials, Mayors, public officials, and policy makers comprised the subcommittees for institutional arrangements, intergovernmental relations, and funding. AUTHORITY The authority of the Lake Minnetonka Conservation District to prepare a comprehensive management program is contained in two sections of its enabling legis:.ation. The first reference is in Section 3 (j): "To undertake research to determine the condition and development of the lake and the water entering it and to transmit their studies to the water pollution control commission and other interested authorities; and to develop a comprehensive program to eliminate pollution." Secondly, Section 13 empowers the LMCD to "adopt rules and regulations to effectuate the purposes of its establishment and the powers granted to the district:." Implicit in such powers to regulate is the authority to develop plans for implementation (Laws of 1967, Ch. 907 as amended). The Metropolitan. Council is also involved because the State's Executive Council ordered the Metropolitan Council to use its powers to study the a problems associated with access to the lake (Metropolitan Council's Task Force on Lake Minnetonka, 1986). To implement such directives, Chapter 473.244, Subd. 1 provides for the Council engaging in a continuous program of research and study in matters under its authority. Ad.'tionally, the Subd. 5 of the same section gives broad powers to develop long range planning in the metropolitan area (Minnesota Statutes, Ch. 473.244, Subd. 5) . Section 473.181 grants the Metropolitan Council specific authority to view management plans prepared by local or regional (metropolitan area) agencies (M.S. 473.165, Subd. 1). Subdivision 2 provides for a 120 day review period for such plans and precludes implementation during the review period. Subdivision 2 also grants the Council the authority to mediate and resolve differences of opinion that arise between participating organizations. The Lake improvement District Act grants the DNR review powers similar to that of t� ;e Metropolitan Council (Ch. 378.41, subd. 1). However, the LMCD is nau a ,'hapter 378 lake improvement district; the LMCD has separate enabling '-= gislation that does not provide for DNR supervisory and review powers. The sections of Chapter 473 cited in the above paragraphs makes the Metropolitan !Council y particularly importar;t participant in this planning process. REGIONAL SF.T'Ti :�'(3 Lake Minnetonka is located in western Hennepin County and northern Carver • County on the western edge of the Minneapolis -St. Paul metropolitan area. Tne proximity of this major metropolitan area contributes to the lake's important role as a recreational resource. Lake Minnetonka is the tenth largest lake in Minnesota and the largest lake within the sevan- county metropolitan area. The lake is a series of smaller lakes and bays often interconnected by relatively narrow waterways (Frontispiece). Lake Minnetonka has a lake surface area of 14,043 acres and 125 miles of shoreline. The lake has a mean depth of 30 feet and a maximum depth of 113 feet. Approximately 39 percent of the lake is comprised of areas less than 15 feet deep. Access and Circulation The Lake Minnetonka area is accessible by several major federal and state highways. _forth of the lake is east -west U.S. Highway 12, which serves as a major thoroughfare for downtown Minneapolis. The portion of this roadway from downtown Minneapolis to immediately east of Lake Minnetonka is currently being upgraded to freeway status as Interstate 394. State Highway 7, running east -west, is the major roadway providing access to the south end of the lake. On the east sides of the lake State Highway 101 runs north - south. Numerc�is county roads provide secondary access to the lake. County Highway 15 runs east -west through a portion of the western half of the lake and is an important corridor to several lake communities. County Road 19, running north - south, separates the upper and lower portions of the lake and is a significant secondary thoroughfare. Several other county roads service the area but are generally linked to Highways 15 and 19. City streets serve the entire area. Considerable leisure and, to a lesser extent, non - recreational transportation, occurs on the lake itself. In addition to residential destinations there are several commercial establishments frequented by boaters. During ice -over pe -iods transportation occurs by car, truck, snowmobile, and off -road vehicles. The use of cars and trucks is often for ice house access. Physical Features Much of the material in the following paragraphs are mo0ified from "Draft Water Resources Management Plan, Minnehaha Creek Watershed District" (Eugene A. Hickok and Associates, 1987). GEOLOGY The entire surficial geology of the lake area is comprised of glacial drift. Inis unsorted sand, gravel and clay material was deposited on the bedrock surface by two glacial lohe movements of the Wisconsin Age. The Superior glacial lobe deposits included igneous and metamorphic rocks within the sancy drift material. The more recent Des Moines lc;t)e retreated • • 8 leaving a sandy layer that included limestone and shale. Glacial drift thickness ranges from approximately 200 to 400 feet. Lake Minnetonka is located on the western en- of a bedrock formation generally known as the Twin Cities artesian basin. This bowl - shaped basin consists of a relatively complex layering of bedrock formations from the Precambrian, Cambrian and Ordovician Eras. Because of the position of the lake relative to this basin, successively older formations ^ome into contact with the glacial drift when moving west to east across the lake. These formations of either sandstones, dolomites or shales comprise the bedrock surface. GEOMORPHOLOGY Geomorphology is the study of processes that shape the surface of the earth. Lake Minnetonka is comprised of both till region and moraine geomorphic types. The Lor.sdale- Lerdal till region includes Halsted Bay and all of Lake Minnetonka that lies north of County Road 15 exceFt Crystal Bay. St. Alban's Bay is within the St. Croix Morainic area, with the remainder of the lake, including Crystal Bay, in the Emmons - Faribault Moraine. The till area is generally composed of unsorted clay, silt, sand end boulder materials transported and directly deposited by the glacial lobe. The till region is characterized by a ,hin layer of drift in the form of . gentle hills. Moraine geomorphic type, in contrast, was formed by till deposited at the edge of glaciers. These formations are distinguished by steep hills, rolling topography and occasional deep depressions resulting in small lakes. Lake Min.netonka's i- - icate shoreline is characteristic of a morainic formation. Lake Minnetonka is entirely within the Minnehaha Creek watershed. The lake rece'_ves runoff from the entire upper portion of the watershed. The make discharges to Minnehaha Creek at the Gray's Bay dam. SOILS The gen— al soil type is predominantly deep silty or loamy, well- drained and lightly colored. T`is soil type is :moderately fine to moderately course in texture has moderate transmission and infiltration rates. rn area located at the southern shore of Wayzata Bay and Gray's Bay is comprised of a soil type that is generally deep, sandy, well drained and lightly colored. Tt ha1 a high infiltration rate and correspondingly low runoff potential. An area of sandy, well drained, dark colored soils is Located adjacent to the north shore of Wayzata Bay. This soil type is characterized as having low runoff potential, high infiltration rates and correspondingly high rate of wager transmission. 0 CLIMATE; The climate is predominantly continental with weather influenced by warm air from the south and west and cold air from the north. Fluctuations in • temperature, wind direction, precipitation and cloud cover are caused by high and low pressure systems migrating across the area. Summers are generally mild - -H occasionally humid. Winters are usually cold and generally dry. Most precipitation comes during the warm season. While winters are sometimes characterized by heavy snows, it is actually the dry season in Minnesota. The Maple Plain weather station located north of Lake Minnetonka has been collecting weather data for over 95 years. Seasonal temperatures have been found to vary greatly with a record high of 108 degrees occurring in July, 1936, and a record low of minus 34 degrees in January 1936 and 1970. July is the warmest month with an average of 71 degrees. The coldest month is January, which averages 9.9 degrees. Annual mean temperature is 43.6 degrees. Precipitation averages 30.20 inches annually, with most occurring during the summer months. The wettest month is June which averages 4.83 inches of precipitation. February, the driest month, averages .78 inches of precipitation. Winter snowfall averages approximately 49 inches, with snow cover generally present from mid - December to early March. Lake Minnetonka is usually ice- covered from mid- December to Mid - April, with an average ice -out date of April 15. WILDLIFE "'he abundance and diversity of suitable habitat largely determines the • ext�nt of wildlife populations. Continued development within the Lake Minnetonka area has resulted in significant changes from the original prairie, forest and aquatic habitats. However, wildlife populations c,..i be found in relative abundance within the numerous and varied habitats surrounding the lake. Breeding populations of prairie animals include white - tailed jackrabbit, Brewer's blackbird, ground squirrel, and prairie horned larks. Hearty wildlife populations associated with wooded and brushy habitats can also be found. Species indicative of the habitats include meadow voles, rabbit: leer, shrews, moles, skunks, foxes, mink, weasels, raccoons, hawks and owls. (Baseline Environmental Inventory: Twin Cities Metropolitan Area. 1977 Wetlands . marsh areas are refuge to large numbers of birds. Waterfowl are relat.vc., y abundant and diverse with both migratory and year - around species known to inhabit the area. A diversity of aquatic habitats are present in Lake Minnetonka. These habitats support a fish community typical of bass- panfish lakes in the region. Game fish include: bluegill, black and white crappie, largemouth bass, muskellunge, northern pike, walleye pike, sun`°sh and perch. No­ game species present include bullhea' ir,d carp. VEGETATION The growth an'i s ; . , � iate7 lan'l u-e char.gE's c . Lr.c T w i n ( : : , -I :..: ��,...: relit -,n � l area have affected the vegetation surrounding Lake Minnetonka. However, • many wooded, prairie and marsh areas remain as they were unsuitable for development or similarly preserved. Wetland vegetation typically found in the area include a diversity of submerged, floating and emergent plant species and a variety of t.ee species. Native non - wetland, nun - aquatic vegetation in the Lake Minnetonka area is primarily that of the Maple- Basswood Community. This community is characterized by basswood, elm, maple and oak. Understory consists cf shrubs such as hazelnut, chokecherry, Juneberry and elder, and herbaceous plants including hepatica, violet, virginia creeper, climbing bittersweet, sweet Cicely and large- flowered bellwort (Baseline Environmental Inventory: Twin Cities Metropolitan Area. 1977). Socioeconomic Profile POPULATION The present population of the Lake Minnetonka area communities is presented in Table 1. The information is based on the 1980 Census of Population, updated by the Metropolitan Council. Populatior.. of Hennepin and Carver counties and the entire Metropolitan .,rea are also provided. The 14 lakeshore communities have approximately 9 percent of Hennepin County's population and 4 percent of the Metropolitan Area's population. • Table 2 contains the estimates of households in the Lake Minnetonka area. The 14 communities have an estimated 34,105 households. Of these, approximately 3,000 have frontage on Lake Minnetonka. These accour.c for approximately 8 percent and 4 percent of the households in Hennepin County and the seven county metropolitan area respectively. POPULATION AND HOUSEHOLD PROJECTIONS Table 3 present the forecasts of population and households in the Lake Minnetonka Service Area. The service area is that part of the metropolitan area where most users of the lake reside. Data presented later in this document illustrates that approximately 91 percent of the users reside in ciannepin County. For comparison purposes, the service area is divided into four separate .arts. The first are the 14 lakeshore communities. Next are the 15 first tier co= 'ties that abut lakeshore communities in Carver or Hennepin Counties. The remaining 1 rtions of Hennepin and Carver counties present he rest of the primary service area. The last part includes the remaining five counties in the metropolitan area. Table 3 forecasts `hat both population and the number of households in both the lakesi. ore and first tier cc. are expected to increase at a rate nearly dciuble that of the other parrs of Hennepin and Carver r'ounti 's. The rate of gr(, th is also slightly more than projected for the otter five met ropol ; , .:l counties. • it Study Area Communities TABLE 1 Population Estimates Lake Minnetonka Region Population----- - 1980 1988 Census Estimate 1988 Percent-------- -- Hennepin Metropolitan County Area u Deephaven 3,716 3,714 .37 .17 Excelsior 2,523 2,574 .26 .12 Greenwood 653 656 .07 .03 Minnetonka 38,683 43,742 4.35 1.99 Minnetonka Beach 575 596 .06 .03 Minnetrista 3,236 3,662 .36 .17 Mound 9,280 9,951 .99 .45 Orono 6,845 7,284 .72 .33 Shorewood 4,646 5,094 .51 .23 Spring Park 1,465 1,584 .16 .07 Tonka Bay 1,354 1,479 .15 .07 Victoria 1,425 2,190 .22 .10 Wayzata 3,621 3,711 .3, .17 Woodland 526 496 .05 .02 Total 80,952 89,165 8.86 4.05 Other Hennepin County 864,288 916,655 91.14 1.66 • Other Carver County 35,621 42,784 - .94 Other Metropolitan Area 1,904901 2,111156 - 5.95 SOURCE: Metropolitan Council, 1988 For the future of Lake Minnetonka, this means that households within the primary service area of the lake will be increasing at a rate of approximately one percent per year. As households increase, so will the number of households seeking access to the lake. Land Use The Lake Minnetonka area is a typical suburban setting with single family housing the primary land use. Shoreline commercial developments are concentrated along major transportation routes, especially in Excelsior, Wayzata, Spring Park, and Mound. Three areas of industrial or manufacturing zoning jccur. within 2,000 feet of the lake in Excelsior., Spring Park and Mound. Shoreland use is primarily residential, interspersed with commercial, recreational and one area of manufacturing. As with several other suburban areas, the Lake Minnetonka area is experiencing rapid growth. The natural beauty and water resc�urce_s of the area make the area an attractive residential lccatie'n. Urban growth is projected to continue in shoreland area, (Minnesota State, planning Agency, 0 Land use data base from 1984 aerial photographs). • TABLE 2 Household Estimates TABLE 3 Forecasts of Population and Households Lake Minnetonka Service Area Households- - - - - -- 1988 Percent-------- -- Households 1980 1988 Hennepin Metropolitan Study Area Communities Census Estimate County Area Deephaven 1,223 1,332 .32 .16 Excelsior 1,149 1,258 .30 .15 Greenwood 234 255 .06 .03 Minnetonka 12,667 17,162 4.12 2.01 Minnetonka Beach 187 220 .05 .03 Minnetrista 974 1206 .29 .14 Mound 3,384 3,747 .90 .44 Orono 2,291 2,629 .63 .31 Shorewood 1,484 1,807 .43 .21 Spring Park 684 758 .18 .09 Tonka Bay 495 598 .14 .07 Victoria 427 692 .17 .08 Wayzata 1,560 1,699 .41 .20 Woodland 183 181 .04 .02 • Total 27,463 34,105 8.18 4.00 Other Hennepin County 339,021 382,686 91.82 44.85 Other Carver County 11,584 14,977 - 1.76 Other Metropolitan Area 693,894 819,067 - 96.00 SOURCE: Metropolitan Council, 1988 TABLE 3 Forecasts of Population and Households Lake Minnetonka Service Area • Source: Metropolitan Council, 1986 aril 1988. i3 Population Percent Households Percent Communities 1988 2000 Change 1988 1990 Change Lakeshore 86760 93620 7.91 33544 37330 11.29 First Tier 221'755 243620 9.86 90148 101665 12.78 First Tier Counties 737657 747880 1.39 341059 361815 6.09 other Metro Area 1154149 1224860 6.13 38842.1 430190 10.75 • Source: Metropolitan Council, 1986 aril 1988. i3 • • • II. RECREATION MANAGEMENT 0 PERSPECTIVE The ultimate goal for recreation management is fourfold: 1) to more effectively manage access growth, 2) to establish priorities for such access growth as occur, 3) to implement a set of controls that will be progressively more restrictive as use of the lake continues to increase, and 4) to reduce conflicts, thereby maintaining the quality of the recreational experience. The 1,4CD does not encourage increased summer, use, but it will more effectively control such growth that as it occurs. The intent of the program is to present modifications to existing management practices and regulations and not to supplant those rules and regulations. Terms used in this chapter are defined in Appendix B. Achievement of these goals requires that the Lake Minnetonka Conservation District (LMCD) move to an active management posture from a more passive one. Implementation requires increased staff and funding; a level of commitment beyond the present financial capabilities of all of the managing entities active on the lake. Lake Minnetonka managing entities face significant challenges in the coming decades as suburban development continues and use of the lake increases. But growth in access and peak use depends on changing the level of law enforcement presence on the lake. Proposed management practices can reduce • conflicts and provide a more satisfactory recreational boating experience only if there is a concomitant increase in Water Patrol presence on the lake. More presence need not mean more citations; increased presence can also generate greater compliance with existing rules and regulations. For this recreational management program to work, significant new sources of funding must be found. In the absence of new funds, growth of access and peak use must be terminated, and terminated soon. Growth in access and level of use during peak hours can continue as long as resource managers adopt improved regulatory practices, provide more enforcement, better control growth of access and use, and assure boaters alternative destinations on the lake. Future recreation Management on Lake Minnetonka relies on increasingly stringent access and use controls as boat density continues to increase. To protect the quality of the recreational experience as use increases, other management objectives call for increased law enforcement presence on the lake and stress improved boating, education and operator skills. To decrease the adverse effects of increased boat density, boating destinations are identified and protected; new boating, destinations are to be developed. Participants in developing the program examined boat density standards and other use capacity concepts and found them of little use for Lake Minnetonka. Boat: density standards seem to vary with population density and the amou;lt. of freshwater resource available. That is, �3t:,tes with few water hO(Ii to si t Iow (few acres p. "r boat.) density standards; others • i, with abundant water resources seem density standards. Accordingly, n established or identified. Historical Background to set high (many acres per boat) "capacity" for Lake Minnetonka is In 1972 the Lake Minnetonka Conservation District adopted tha LMCD Code for regulating access, use and recreational facilities located on the lake. The Code continues to be the basis of LMCD management of boating access, whether across private riparian lands, at marinas, through homeowner associations or across publicly owned property. The code also provides the rules and regulations governing recreational activities on the lake during both the rummer and winter. Since 1941, the DNR has held the responsibility for providing public boating access to lakes in Minnesota. The State Comprehensive Outdoor Recreation Plan paces high priority on the development of public access sites. In the 1970s, the DNR begar. placing a higher priority on acquisition of metropolitan access sites (Metropolitan Access Committee, 1979). During that same decade, the Metropolitan Council adopted its Regional Recreation Open Space Syster., which gave the Council a direct interest in developing public boating access sites. "Against this backdrop, staff from the Metropolitan Council, Department of Natural Resources and State Planning Agency [now Department of Trade and Economic Development (DTED)], with encouragement from the Legislative Commission on Minnesota Resources, formed a Task Force to develop a strategy for improvinE :,ccess to metro area lakes" (Metropolitan Access Committee, 1979, p. 2). In 1979 the Metropolitan Access Committee adopted an access standard fir metropolitan lakes of one boat (or parking space) for every 20 acres of water (1979, pp. 4 and 11). The 1979 report defines "adequate" ramped public access as where there is "access for one hoat per 2.0 acres of water surface" for :metropolitan lakes (1979, p. 4). Development guidelines for implementing that policy include "One (parking] space for each 20 acres of lake surface" (1979, p. 11). Further, this policy for Lake Minnetonka was adopted by the 1982 Governor's Task Force on Lake Minnetonka ( Governor's Task Force, 1982, p. 6). That standard for access was re- affirmed by the Metropolitan Council's "Cask Force (Metropolitan Council's Task Force on Lake Minnetonka, 1986, p. 5). Therefore, state and regional agency programs require 700 car /trailer parking spaces for Lake Minnetonka. Studies sponsored by the DNR and LMCD in 1984 and 1986 indicated that there are approximately 350 car \trailer parking spaces used during normal high use periods on the lake. An additional 350 must be added to meet these access goals. Authority Appendix A contains a more comprehensive discussion of authority for recreation management. There are parallel authorities over access that involve the D`P , Hennepin County, Suburban Hennepin Regional Park District, LIMCD and thc 1 / 4 lakeshore communities. All of these organizations hav(c the authority to acquire, construct, operate, and maintain public boat access to the lake. • • • 16 Suburban Hennepin Regional Park District has plans to develop a regional park . in the southwestern part of the lake. The LMCD regulates docks, whether private, homeowner association, commercial marina or yacht club. The Hennepin County Sheriff also approves dock placement to assure that a hazard to navigation is not created. The DNR and Watershed District are involved under authority over construction in public waters, dredging and the placement of fill. The LMCD, Hennepin County and the DNR are most active in managing the use of the surface of Lake Minnetonka. Of these, the Department of Natural Resources and the LMCD have the most comprehensive authority, but the 124CD tennepin County are most actively involved through their day -to -day management activities. Public safety on the lake is the responsibility of the Hennepin County Sheriff's Water Patrol, the DNR and the LMCD. The LMCD has the authority to form its own police force or to contract with another law enforcement agency to enforce its rules. It contracts w the Hennepin County Sheriff, who provides most of the patrols on the lake. The DNR has authority in this area, but it complements the Water Patrol activities by generally being present at different hours and frequently focusing on compliance with fish and game laws. IAKE ACCESS AND UJL' MANAGEMENT • Conceptual Framework Future recreational access and use management utilizes controls that ate progressively more restrictive as boat density on the lake continues to increase. The program does not establish an upper limit for the numbrr of boats that will be allowed on the lake. Growth will be allowed, but it will be concentrated on those types of access available to all citizens of the state that wish to use the lake. The approach of progressively more restrictive regulation satisfies managers who subscribe to the two different alternative futures for the lake. The two futures are: 1) the lake is self - limiting and, 2) the lake: must be managed by use and access controls. The first group believes that the lake is self - limiting. That is, the users themselves will impose an upper limit on peak period use. Once use reaches too great a density, this argument espouses, individual boaters will be displaced to other less :.eavily used resources. Implicit in the argument is that this displacement will occur at an acceptable point, keeping normal peak use sufficiently low so that the recreational boating experience is protected. The second viewpoint is that access controls are needed, if not now, then at some point in the future. This alternative proposes that as use increases ome desirable user groups will be displaced from the lake. user groups more tolerant of heavy use will remain and these remaining groups likely will be the less desirable. That is, boaters that are willing to tolerate high wakes, encounters with higher speed watercraft and rule 1/ infractions will remain. While use restrictions can solve some of these problems, the correct approach is to manage the level of access. Regardless of which philosophical view a manager subscribes to, the best • management approach is to establish progressively more stringent access limits as use increases. If the increased growth does not occur, or if conflicts are kept at an acceptable level through use management, then these access controls need not be implemented. But the management strategies are in place and are available at the appropriate instance. The approach is flexible. Through proper use of long -term monitoring, emerging problem: in be identified. Appropriate management strategies can be implemented wi,..,i.n the framework of this Long -Tern, Management Program. The LMCD has implemented a set of access controls that have served the lake relatively well. Limits are imposed by relating boat storage to length of shoreline controlled (owned or leased). These controls have prevented unrestrained growth on individual properties. But, taken collectively the rules are too generous for future recreation management. An ever increasingly greater number of households are gaining access to the lake. Historical Pattern of Access Growth Table 4 demonstrates the change in boat storage on the lake between 1974 and 1987. There is an overall decline in boat storage of approximately 1.4 percent. All of that decline occurs at individual lakeshore homes ( -19.47 percent). At the same time, storage increased at municipal docks, marinas and • homeowner associations. Throughout this same period, there was no significant change in parking available at boat access ramps, even though the King's Point access was added in 1987. The increased parking at King's Point seems to be offset by corresponding losses at other locations. The records presented in Table 4 illustrate that there has been an increase in restricted - rights access. Restricted- rights access includes homeowner associations and municipal docks, were residence in certain subdivisions or in lakeshore communities provides the right to the dock. At homeowner associations, individual households may or may not be riparian and may or may not hold an interest in the riparian land used. Municipal dock access is based on riparian lands owned by one of the 14 municipalities on the lake. In practice, these docks, slides or lifts are rented to residents of the owning municipality whether or not there is a formal policy of restricting the use to residents. No city rents a slip that is not either to the resident or to the immediate family of a landowner in the city. The stated policy of the II.ICD is to "Preserve and promote Lake Minnetonka as a recreation and natural resource for all the citizens of the state" (I.MCD Code, p. 1) which would encourage balanced growth in all forms of access. New :management programs are needed that are cognizant of past inequities then assure that the general public has adequate and continued access through marinas and public access raids. • 18 TABLE 4 Change in Boat Storage on Lake Minnetonka 1974 -1987 1974 to Year------------- - - - - -- 1987 Percent Type of Storage 1974 1980 1987 Change Change Lakeshore Residents 6175 3555 4973 -1202 -19.47 Municipal Docks 632 797 1145 + 513 481.17 Marinas 1433 1716 1743 + 310 +21.63 Homeowner Associations 231 395 453 + 222 +96.10 Yacht Clubs 213 229 239 + 26 +12.21 Apartments 242 216 245 + 3 1 1.24 Total 8926 6908 8798 - 128 - 1.39 Based on LMCD file data. Lakeshore residents live in single family, detached housing. Municipal docks are maintained by seven communities on public lakeshore lands. Marinas are commercial boat storage and service operations. Homeowner associations include condominiums, subdivisions where purchase of a residence gives the owner access through an outlot, groups of riparian homeowners, and at least two mu'Liple docks that allow non - residents households the right to store a boat. Yacht Clubs are non - profit membership organizations that provide storage for some members. Apartments are rental housing units with a common dock for some residents. • "1974 -1987 Change" is measured in boats. "Percent Change" is the 1987 count divided by the 1974 count. Alternatives for Large Watercraft Large watercraft have limited alternatives where they can safely and properly operate. In 1987 a demand study was conducted for the DNR which provides data on alternative water bodies for boats of marina size (Department of Natural Resources, 1987). Lake Minnetonka, the Mississippi and St. Croix Rivers, and White Bear Lake are the most attractive for sail boats. Power boat owners prefer these same resources, but. also Fo: st Lake in northern Washitipton county. There is no question that Lake Minnetonka is the primary attraction for both sail and power boats in the metropolitan area. The St. Croix anti Mississippi Rivers are important alternative attractions. Management practices of all agencies should be changed to reflect the needs of these large power and sail boats. Lake Use Density StandZ..d. In considOring man;,t;,'ment options for Minnetonka, it: nc- ces:;;iry to examine the densi, sL,ndards that other agenciar; ar,d o i,ant_atir_n.; adopted, t hell ex:imilie the i r i;rpl i c. - I' ; ons for t hi s ] akr Tl<< data c.n Z density standards are not particularly useful because there is such a range in the standards. Table 5 presents a summary of standards that have been applied to various i s water bodie^ managed by a range o. Federal, State and local agencies. The standards fall into two groups: sin: standards and indivi ual boating activity standards. Agencies that have adopted a single standard include the U.S. Army Corps of Engineers, the States of California, Wisconsin arl Minnesota, and the Province of Manitoba. Examination of the single s indards seems to justify two conclusions: 1. The greater the population of the state, the lower t, acres allocated per boat, and 2. The more acres of 'eland water available, the greater the acres allocated per boat. TABLE 5 Summary of Boat Densi: Standards In Acres Per Boat 'That: does not help managers a great deal since Lake Minnetonka is neither an average lakr . Zs it used by average sized watercraft. Nor do standards :or individual boating activities provide a great deal of' guidance for Lake Minnetonka. Standards for anchored fishing ranee from 0.2 acres per boat to 8.0 acres per boat. The standard for waterskiing varies similarly hetween 5 and 40 acres. In actuality, Lrr�:e Minnetonka serves a variety of hoat.ir;i; market Individual rice Af tech i":c and ronrurrent 1.,' 'u;f },v: Single Anchored 10 hp Sail Water - Agency Standard Fishing or i.ess Boating skiing Army Corps of Engineers 1 California 1 • Minne ota DNR 10 Ontario 10 Wisconsin DNR 20 Manitoba 50 Soil Conservation Service 0.2 3.0 3.0 5.0 Bureau of Outdoor Recreation 3.6 -8.0 - - 20 -40 Ohio 5.5 5.5 5.5 5.5 Park Planning Guidelines 0.2 1.0 0.4 - Pennsylvanir 5.0 3.0 2.6 Modif?.ed from: Minnesota Department of Natural Resources, 1987: Lake DeveloF.aent. 'That: does not help managers a great deal since Lake Minnetonka is neither an average lakr . Zs it used by average sized watercraft. Nor do standards :or individual boating activities provide a great deal of' guidance for Lake Minnetonka. Standards for anchored fishing ranee from 0.2 acres per boat to 8.0 acres per boat. The standard for waterskiing varies similarly hetween 5 and 40 acres. In actuality, Lrr�:e Minnetonka serves a variety of hoat.ir;i; market Individual rice Af tech i":c and ronrurrent 1.,' 'u;f },v: sail boats, • fishing boats, small power boats, large power boats, personal watercraft, and non - motorized craft including canoes. The diversity of activities and types of boats active on the "Lake depends as much on the different resource characteristics, attributes, or features available on the lake as well as the range of boating densities available. The lake is a general boating lake; one that supports a broad range of activities and supports a diversity of use intensities. Usable Acres In considering density standards for Lake Minnetonka, adjustments should be made to the traditional way that boat density has been computed on Lake Minnetonka. Part of the lake has been dedicated to other uses, such as :.he 150 -foot buffer zone along the shoreline as well as marinas and other multiple docks that extend beyond the 150 -foot buffer. In recognition of this, the Minnesota Department of Natural Resources (DNR) has published guidance for determining the usable portion of a lake for planning purposes (DNR, 1987, Lake Development. p. 21). The method suggests subtracting the following areas from the grass lake surface: a) a 60 -meter band around the shore, b) a 120 meter band in front is marinas, public beaches, and access points, c) a 30 -meter band around all navigation hazards, and d) the center portion of a lake more than 1.6 km from the shore (optional) The I-MCD has established regulations that provide for a 1�, foot buffer zone rather than the 180 -foot zone (60 meters). It would appear that a satisfactory alternative would be to take the shoreline length and multiply by the 150 foot zone to obtain the square footage unavailable for general L Table 6 presents those computations by bay, expressed as "usable acres ". Accounting for the extra di— anres in front of marinas, beaches, access points, and haz::rds does not seem warranted, since there are probably more errors in the shoreline computation than in those minor adjustments. Lake Minnetonka has a gross area of 14,043 acres. Adjustment for the shoreline buffer zone results in a net 11,773 acres that is actually available for customary boating uses. This adjusted acreage is best for regulation of the lake. Table 7 compares the existing situation on Lake Minnetonka with various boat densities. The comparison begins with 8 acres per boat (existing) and extends to I acre per boat. Active boats, in Table 7, means that: the boat is away f'-om its uock on the lake, or that it has been put on the lake through one of the public access points. An active boat may be moving on the water, on the open l;:tke but anchored or' otherwisE restaur;ints), or dead in r,aftc(l at one Ihe water, of tl't• at a trar dock pop anchr,rages. (bar, 7l Table 8 presents the change in the density of active boats by bay for ti, alternative densities ranging from 8.0 to 4.0 (usable) acres per boat. The assumption essential to the table is: • Boats added to the lake will be distributed in proportion to their present distribution on the lake. There are pr biems with that assumption, but only to a limited d>.gree. Boats are distributed on a water body as the result of a range of different factors, but two of the most important are: 1) location and availability of access po-nts (public, marinas, private docks), and 2) the distribution of features, characteristics, or attributes that attract the different boating markets served by the lake. That is, given equal access, the geographic distribution of boats on a water body will reflect the features, characteristics and attributes that boaters find attractive. Thus, sail boats tend to be found in different places than large power boats. Water - skiers tend to be on a different bay of this lake than heavy concentrations of boats. Fishermen go to known places of success. If the assumption were n true, then boats would be distributed on the laKe randomly. That is, if features, characteristics and attributes have no effect on the boaters decision on where to go, then boats would be randomly or evenly distributed over the lake. That is not what happens on a water body, and on this lake in particular. Therefore, Table 8 distri' the new active boats in proportion to their resent distribution. In all provability that will nct happen, at least beyond a certain point. When conditions become too crowded, thin certain markets may leave the lake (sailing seems most susceptible). When one bay becomes too crowded, another nearby bay with similar attractions may be more heavily used. With this shortcoming noted, Table 8 still represents *ire best distribution of new boats on the lake that the available data and literature permit. LONG -TERM RECRF'TION MANAGEMENT Management Framework The recreational use of the s —rface of Lake Minnetonka, the public and private recreational lands surrounding Lake Minnetonka and the related recreational lands in West Hennepin and adjacent Carver counties shall be for the broadest public use, with minimum conflict between different uses. Further, the lake shall be managed to maintain the lake's regional role a= a general boating lake. Specifically, the L"iGD and other agencies responsible for managing recreational resources shall continue t manage recreational access and 11se of the lake .): 0 TABLE 6 Derivation of Usable Acres of Water Surface Is Lake Minnetonka, 1989 Area Ac. s of Shoreline Buffer Usable Number Description Wager Miles zone Area Surface 13 Emerald Lake 13.00 1.00 13.00 .00 31 Libb's Bay 17.00 1.10 17.00 .00 14 Seton Lake 44.00 2.20 40.00 4.00 38 Echo Bay 15.00 .50 9.09 5.91 33 Bay St. Louis 2( . w 0 .60 10.91 9.09 12 Black Lake 76.00 3.20 58.18 17.82 19 Coffee Cove 57.00 1.80 32.73 24.27 39 Big Island Passage 36.00 .80 14.55 21.45 32 Robinson's Bay 92.00 3.50 63.64 28.36 27 Tanager Lake 51.00 1.10 20.00 31.00 18 Forest Lake 82.00 1.80 32.73 49.27 40 Veteran's Bay 82.00 1.10 20.00 62.00 34 Carson's Bay 116.00 2.70 49.09 66.91 36 Excelsior Bay 90.00 1.20 21.82 68.18 10 Old Channel Bay 106.00 1.30 23.64 82.36 6 Smithtown Bay 110.00 1.20 21.82 88.18 2 Priest's Bay 144.00 2.10 38.18 105.82 35 St. Alban's Bay 161.00 2.90 52.73 108.27 30 Gray's Bay 180.00 3.2..' 58.18 121.82 23 Stubb's Bay 195.00 2.5,; 45.45 149.55 15 Harrison's Bay 215.00 3.50 63.64 151.36 9 Carman's Bay 294.00 3.90 70.91 223.09 16 Jenning's Bay 290.00 3.50 63.64 226.36 26 Smith's Bay 266.00 1.90 34.55 231.45 24 Maxwell Bay 300.00 3.70 67.27 232.73 22 North Arm 319.00 4.70 85.45 233.55 37 Gideon's Bay '30.00 4.40 80.00 250.00 7 Phelp's Bay 345.00 :;.70 67.27 277.73 20 West Crystal Bay 325.00 2.50 45.145 279.55 3 Cook's Bay 343.00 2.20 40.00 303.00 11 Spring Park Bay 378.00 2.60 47.27 330.73 25 Lafayette Bay 454.00 3.80 69.09 384.91 21 East Crystal Bay 487.00 4.20 76.36 410.64 1 Halsted's Bay )45.00 7.30 132.73 412.27 17 West Arm 514.00 3.90 70.91 443.09 5 South Upper Lakp 722.00 6.60 120.00 602.00 28 Brown's Bay 696.00 3.50 63.64 632.36 29 Wayzata Bay 718.00 5.50 100.00 678.00 8 East Upper Lake 814.00 3.60 65.45 748.55 4 West Upper Lake 873.00 4.60 83.64 789.36 41 Lower Lake South 9 •. 0 4.40 80.00 898.00 42 Lower Iike North 2,09 5.50 100.00 1,990.00 Total 14,043.00 125.30 2, %10.00 11,713.00 23 TABLE 7 Change in I'otential Active Boats and Boat Density for Alternative Density Standards Char;e in Total Usable Active Active Acres Acres Boats Boats Per Boat Per Boat Acres 14043 1177? Existing Density 1453 9.66 8.10 Growth to: 8.00 Acres per Boat 1472 19 9.54 8.00 7.00 Acres per Boat 1682 229 8.35 7.00 6.00 Acres per Boat 1962 509 7 16 6.00 5.00 Acres per Boat 2355 902 5.96 5.00 4.00 Acres per Boat 2943 1490 4.77 4.00 3.00 Acres per Boat 3924 2471 3.58 3.00 2.00 Acres per Boat 5887 4434 2.39 2.00 1.00 Acres per Boat 11773 10320 1.19 1.00 24 TABLE 8 Effect of Various Density Standards on Lake Minnetonka Active Boat Density Acres P,r Active Boat Area Acres of ! Existing By Incremental Density Levels Number Description Water Acres Density 8.00 7.00 6.00 5.00 4.)0 '3 Emerald Lake 13 0 0 0 0 0 0 0 31 Libb's r-y 17 0 0 0 0 0 0 0 `4 Seton Lake 44 4 .15 .15 .13 .11 .09 .07 ,9 Coffee Cove 57 24 .20 .19 .17 .14 .12 .10 38 Echo Bay 15 6 .39 .37 .33 .28 .23 .19 39 Big Island Passage _d 21 .61 .58 .51 _ .44 .36 .29 3E Excelsior Bay 90 68 _8 ,P S .75 .64 .53 .43 12 Black Lake 76 18 1.09 1.04 .91 .78 .65 .52 33 Bay St. Louis 20 9 1.20 1.14 S 1.00 .86 71 .57 40 Veteran's Bay 82 6e 1.91 1.82 1.59 1.36 1.14 91 34 Carson's Bay 116 67 3.13 2.98 2.61 :..24 1.86 1.49 18 Forest Lake 82 A9 4.::1 4.01 3.51 3.01 2.50 2 24 Maxwell Bay 300 233 4. 4.16 3.64 3.12 2.60 2.08 27 Tanager Lake 51 31 4,92 4.31 3.59 3.08 2.46 32 Robinson's Bey 92 28 4.94 _ 4.32 3.71 3.09 2.47 15 Harrison's Bay 215 151 ( 4.80 4.11 3.43 2.74 35 St. Alban's Bay 161 108 4 89 4.20 3.50 2.80 30 Gray's Bey 180 122 4.50 3.75 3 41 Lower Lake South 978 898 4.83 4.02 3.22 20 nest Crystal Bay 325 280 4.95 4.13 3.30 3 Cook's Bay 343 303 4.43 3.54 10 Old Channal Bay 106 82 4.76 3.81 22 North Arm 319 234 4.02 6 Smithtown Bay 110 88 4.19 2 Priest's Bay 144 105 4.26 23 Stubb's B:-.y 195 150 4.69 5 South Upper Lake 722 602 4.79 Number o` Bays With Less than 0.5 acres /boat 5 5 5 6 6 7 Less than 1.0 acre -/boat 7 7 9 9 9 10 Less than 5.3 acres /1•1t 13 15 20 20 22 27 Usable Acres of Lake Surface Less than 0.5 acres /boat 34 34 34 55 55 123 Less than 1.0 acres /boat 123 123 150 150 150 212 Less thnn 5.0 acres /boat 561 620 879 2179 2564 3743 Percent of the Lake's Usable Surface Less than 0.5 acres / oat .29 .29 .29 r7 47 1 04 Less than 1.0 .ores /boat 1.04 1.04 1.27 1 27 1.27 1 60 Less than 5.0 acres /boat 4,77 5.27 7.47 18 51 21.18 31 80 Total New Active Boats Added 19 229 519 901. 1400 Totai Active Boats 1453 1472 1652 1962 2355 2943 25 a) preserve and promote Lake Minnetonka as recreational and natural resource for all the citizens of the state; b) promote and regulate the orderly utilization of the lake and its shorelands by all users of the lake and those placing structures within it; c) achieve a balance between the interests of public use and the conservation of the lake as a natural resource; d) prevent pollution of the lake and preserve its ecological balance by regulating recreational use in the lake and in individual bays, arms, lakes and channels; and e) provide for the health, safety, order, convenience and general welfare of users and lakeshore residents by ordinances not inconsistent with the laws of the state. Accordingly, Lake Minnetonka access and use shall be managed to remain open for all citizens of the state. While riparian landowners have certain constitutional and common law rights of access, no other group shall be recognized as having special privileges or other rights of access. Management methods required to achieve this include: equitable regulation of access through ordinance, imposing limitations on certain types of access, and restricting certain access and use temporally and spacially. MANAGEMENT OBJECTIVES 1. The LMCD shall continue its present system of managing access to, and use of, the lake through ordinance and regulation. The LMCD Code shall continue to be the basis of regulating lake use and access. The policies and practices shall be reviewed from time to time as use density changes to determine if more less restrictive management practices are appropriate. 2. The management of recreational boating access on Lake Minnetonka shall be based on density of use. As density increases on the lake as a whole or on individual bays, lakes or arms, regulation shall become progressively more restrictive. Usable lake surface will be the basis of determining density on Lake Minnetonka (11,800 acres). Past growth pat ~erns indicate an increase of 450 boats over the last 10 years, or 45 new boats per year. That means in twenty years, the lake could be at a density of 5 acres of water surface per boat. It is difficult to project with the limited data available so the growth could ';e faster or slower than indicated. That is why a.•lhievement of actual densities trigger regulatory changes. Cr,. of boating use on Lake Minnetonka during the normal peak use period is Inevitable.. As the population changes, should boating participation . increase in the market area, or should boat size continue to increase, it is likely that the lake will be subjected to greater pressure. The purpose of progressively more restrictive access controls is to avoid conflicts, to 26 lake's role as a general boating lake. To implement this objective, the following management practices shall be imposed (each of these is explained in detail in the appropriate Preliminary Plans and Working Papers): Density 8.0 (Present Conditions) Regulatory Actions 8 -1 Allocate 350 additional (to 700) car /trailer parking spaces for public and private access ramps. 8 -2 Marina docks converted to individual ownership (condo) shall cause the marina to lose grandfathering and shall be subject to the most restrictive frontage -foot rule applicable to any riparian parcel. 8 -3 Establish and enforce to the greatest extent allowed under law a policy of no further use of outlots for non - riparian landowner access on lands previously developed. 8 -4 Develop a policy restricting outlot ise at new subdivisions subject to the 1:50 rule, a length -width limitation, one single group dock for all landowners, and subject to other restrictions imposed by the LMCD. 8 -5 Assure licensed marinas remain available to all citizens of the state. 8 -6 Additional special density permits at municipal or homeowner association licensed docks shall be banned. 8 -7 Review the rules governing individual riparian storage of boats. 8 -8 Restrict use of and /or license operators of personal watercraft sailboards, and hovercraft. 8 -9 Designate anchorages on the lake with appropriate restrictions. Intergovernmental Coordination /Cooperation 8 -10 Improve law enforcement presence on the lake. 8 -11 Coordinate development and implementation of an aggressive boater education program in Hennepin County. 8 -12 Coordinate a legislative program to obtain state boat operator licensing. Studies 8 -13 Develop a plan for providing further beaching /rafting areas. 8 -14 Develop a plan for managing excursion boat docking and parking. 8 -15 Refine the established program of imposing limits on the use of bays with the greatest use density. 8 -16 Study means of limiting boat wakes. Density 7.0 Regulatory Actions 7 -1 Fix municipal access at existing levels. 7 -2 Link further access growth in any form (including ramped public access) with increased law enforcement presence on the lake. 7 -3 Determine the source of the growth in density, then impose restrictions to slow growth of the forms of access responsible for the growth. 7 -4 Determine if more restrictive frontage -foot rules (1:50 and 1:10) are needed. 7 -5 Review the need for lowering the speed limit, day and night, 7 -6 Review use and storage densities of individual bays for further regulation. . 7 -7 Require a certificate from an approved boater education course to operate a boat on the lake. 7 -8 Restrict ultralight take -off and landings between 9:00 am to 6:00 pm on weekends and holidays. 7 -9 Review the maximum boat length for private watercraft and excursion boats. Intergovernmental Coordination /Cooperation 7 -10 Continue to develop anchorage opportunities, particularly through public acquisition of riparian property. Studies 7 -11 Undertake a study to identify groups in conflict and to determine the appropriate management remedies. Density 6.0 Regulatory Actions 6 -1 Link further access growth to development of anchorage opportunities at a ratio of one additional access unit to two rafting /anchorage units. 6 -2 Initiate a program to reduce and ultimately eliminate grandfathering at municipal and homeowner associations docks. 6 -3 Review the frontage -foot rules to determine if a more restrictive one is needed. 6 -9 Review the rules governing riparian storage of boats. 6 -5 Impose use restrictions between 10:00 am and 6:00 pm on weekends and holidays. 6 -6 Review the need for additional patrol hours on the lake. Intergovernmental Coordination /Cooperation 6 -7 Continue to develop rafting /anchorage opportunities, particularly through public acquisition of riparia, property. Density 5.0 Regulatory Actions 5 -1 Further restrict resident riparian storage. 5 -2 Review the frontage -foot rules to determine if a more restrictive one is needed. 5 -3 impose a policy of no growth on all forms of access. 5 -9 Eliminate grandfathering at all forms of wet storage on the lake. Intergovernmental Coordination /Cooperation 5 -5 Continue to develop rafting /anchorage opportunities, particularly through public acquisition of riparian property. 5 -6 Review the need for additional patrol hours on the lake. Justification for these progressively more restrictive limitations are: provide for public safety, provide for the broadest, most general boating use without displacing traditional boating groups, provide for orderly growth, minimize co•iflicts between competing groups, encourage open and free access to all residents of the market area, and provide a safe, satisfactory and aesthetically pleasing boating experience on the lake. The LMCD has the legislative mandate to control boating and growth of boating on the lake. Since growth is inevitable, management of use and access is mandatory. M 3. The LMCD shall adopt comprehensive ordinances, including zoning, to implement its access controls. The purpose of this objective is to better categorize the LMCD access rules and regulations into an ordinance that links boat storage with existing municipal zoning. This gives the LMCD the same .00l that riparian municipalities use to control changes in land use. In this case, the LMCD shall zone the water surface in the nearshore areas to control changes in water surface use and boat storage. This adds a new regulatory tool to the LMCD procedures that is readily understood by developers and municipal staff alike. It further provides a clear procedure for controlling changes in access to the lake and assures that such changes are consistent with this Management Program and with the policies of the district. This separates decisions concerning use of shoreline areas from how many boats will be stored at the property. To implement such an ordinance, the LMCD shams. meet with each individual municipality to determine the classification of the nearshore waters of the lake. It is conceived that the classifications adopted would be that of the city. The known exception would be the manufacturing district in one city on the lake. Such zoning will be a useful tool in assuring that less densely used areas are not converted to a more dense boat storage use unless it is consistent with LMCD policy and with this Management Program. 4. Future public access points shall utilize remote parking and shuttles as appropriate. It is inconsistent with this Management, Program (Shoreland and Environmental Protection) to create significant new hardcover surfaces adjacent to the lake. Therefore, future access ramp design shall include provision for off -site car \trailer parking. Shuttles shall be included as appropriate to carry boaters and their gear from parking to their launched boat. Parking and /or shuttle fees may be charged to recover service costs. 5. The LMCD shall cooperate with the Metropolitan Access Committee (composed of DNR, DTED and the Metropolitan Council) to embark on an aggressive program to obtain funding for assuring the availability of 700 car /trailer parking spaces at public and private launch ramps including improving or closing existing access points. The overall objective for Lake Minnetonka is to provide one car /trailer parking space for each 20 acres of gross lake surface. As parking in formal, controlled lots increases, on- street parking will I­ reduced. When there are 700 car /trailer parking spaced provided in formal parking lots, then on- street car /trailer parking shall be eliminated. 29 The Metropolitan Access Committee composed of the DNR, DTED and Metropolitan Council staff have adopted a policy of providing t.:blic trailered boat access at a level of one boat for every 20 acres of lake surface. For Lake Minnetonka that is 700 car /trailer parking sp.�.ces. That number was also agreed to during previous Task Forces addressing access to Lake Minnetonka. Given tho policies, which the agencie9 involved are fully capnble of implement under their own statutory authority, this objective recognizes that le:el of access and goes one step farther. In order for growth to take place with minimal disruption to access management on the lake, the access points should be constructed as soon as possible, certainly before use density significantly increases on the lake. But all managing entities must understand that if patrol hours do not incr•:ase on the lake when density 7.0 is reached, then there will be no further access growth at public access points allowed until the problem is rectified. A working par,nership of the appropriate implementing agencies - -DNR, DTED, Metropolitan Council, Hennepin County, LMCD, and other agencies is long overdue. Since development of such access is likely to generate controversy, it is intended that the public debate be held once and leg.'. battles minimized. The study for implementing the access plan should be jointly sponsored by all of the major managing agencies and should include municipal representatior. Small lots serving anglers shall provide access to as many bays as possible. The study shall also address the issue of - pricing boat ramp access to the lake. 6. The LMCD shall use existing authority to regulate parking, hard cover and sanitary facilities at any facility that requires a multiple dock license. The LMCD traditionally has used this authority at most marinas. The practice should now be extended to any facility requesting a multiple• dock license. Attention should be focused on any component of the site plan that has the potential to impact the water quality, lakeshore aesthetics, and lake use. From a functional standpoint, homeowner associations are marinas operated for the convenience of a special public and not fjr profit. Yacht Clubs function as marinas, but are not for profit. Apartments have group docks that differ little from some of the smaller profit- making marinas on the lake. All of multiple dock facilities hive one important factor in corrunon: they generate the same concentrated impacts to the lake as a co:-mercial marina. It is inconsistent that on -shore facilities at marinas should be subjected to LMCD review, but multiple dock on -shore facilities not. 7. The LMCD shall develop regulations for multiple docks that establish specific criteria for determining the dock use area under high, nor:-,e and low water conditions. The purpos of "his objective is to establish criteria thai: pezmit tt:e optimlm use of the lake's surface. pr regulations of tr. I'MCD encourage lateral expansion of marinas (where allc ed by local .,...icipal 0 30 zoning) by application of its special density allowance (one for ten rule). The alternative approach is to trade lateral expansion for extension into the lake. Therefore, a regulatory plan for multiple docks shall be developed that considers high, normal and low water levels. The plan shall include: 1) criteria for determining whether lateral or lakeward expansion are preferred, 2) the limits for dock adjustment under high water conditions, and 3) the limits for dock adjustment under low water conditions. This study should be incorporated into the comprehensive zoning ordinance for the lake. 8. Buffer zones and use regulations shall be reviewed from time to time to maintain protection of lakeshore residents, lakeshore developments, and certain users. The width of the buffer zone may need to be changed in order to assure use of the lake by the widest and most general population, both summer and winter. The buffer zone provides for personal security while on the lake and also protects lakeshore residents from high -speed vehicles and exposure to noise. Improved enforcement of rules and regulations establishing the buffer zones is essential. This is especially true as recreational use increases, and as the density of boats (summer) and motor vehicles (winter) increases. Further protection may be required to protect visitors participating in low impact uses, such as: Summer Winter canoeing cross - country skiing paddle boating ice skating fishing hiking /walking for pleasure 9. Speed limits and quiet water areas on the lake, summer and winter, shall be reviewed from time to time. These are two management techniques that have been used by the LMCD to reduce conflicts and to provide an enjoyable recreational experience for the broadest spectrum of users. Utilization of these techniques shall continue. As appropriate, controls shall be imposed lakewide or on specific bays, lakes and arms. 10. The LMCD shall work to optimize use of all public lands for winter access to the lake for all user groups. The purpose is to utilize all p ;blic lands for winter access to the maximum possible extent and to produce a map of winter access for use by the general public. This means that fire lanes, road ends, parks and other public property should be open to at least some winter access consistent with municipal goals. The reason for utilizinq all public lards is to offer every opportunity for minimizing trespass on private property and to 31 enhance law enforcement activities. The advantages of these steps are: 1. Minimizing trespass as a problem for lakeshore residents. • 2. Maximizing convenience to legitimate users of the lake. Implementation shall be by the LMCD, each local community, Hennepin County and Suburban Hennepin Regional Park District. Implementation would involve: 1. Verification of data contained in the inventory of recreational facilities prepared as part of this Management Program. 2. Meetings with each organization to identify allowable accesses for each type of user group. 3. Assistance in needed ordinance changes, if any. 4. Preparation of maps and brochures for public distribution. 11. Improve regulation of ice houses. Improved regulation is necessary for the control of litter that accumulates on the lake in the winter and to support other regulatory programs on the lake. Fundamental to a regulatory program is providing regulators with the information necessary to enforcement agencies. That is not the case with ice houses on Lake Minnetonka. Too high a percentage of ice houses on the lake do not fully comply with identification regulations of the DNR. The DNR and Water Patrol shall maintain a continuing effort to improve compliance with ice house licensing and marking. The enforcement officers will then use existing regulatory authority to assure litter is removed from the ice surface o. i regular and timely basis. Should these efforts fail for the LMCD, then there are three steps to implementation: 1. Obtain agreement from the DNR to implement a record keeping program that meets the needs of regulatory or enforcement agencies. 2. Obtain the authority from the DNR to issue ice house licenses for Lake Minnetonka. 3. Implement LMCD permitting authority for a separate permit for ice houses on the lake. Should item one not be achieved, then step two will be implemented. Should that fail, then step three. Regulators shall also consider requiring that a trash container be kept inside each ice house. • 32 III. USER EXPERIENCE AND SATISFACTION PERSPECTIVE Enhancing user experience and satisfaction on the lake is more than protecting personal safety. Minimizing personal. injury and property damage, responding to drowning and investigation of property losses does provide the base of the public safety program. But protecting the recreational experience is also important. Density of boats on the lake will increase. As that happens, additional law enforcement presence will be required to maintain the current level of user satisfaction with their boating experience. Ultimately, it is expected that cond ;tions will require the LM,D to exercise its authority to form a separate Lake Minnetonka law enforcement agency. Currently, law enforcement on the lake is provided by the Hennepin County Sheriff's Water Patrol. For now, the Water Patrol concentrates its resources on basic protection of public safety; enforcement of ordinances aimed at maintaining comfort and enjoyment appears to be a lower priority. There are three major goals to protect user experience and satisfaction: 1) continue and enhance basic public safety; 2) enforce all ordinances and rules, including those aimed at public comfort and enjoyment; and 3) facilitate coordination and cooperation between law enforcement departments active on the lake and the lakeshore. During the winter emphasis is on better control of litter. One part of the ensuing program is aimed at increasing the number of patrol hours on the lake. Resource managers express two major concerns in this important area of recreational resource management. The first concern is that there is a separation between the primary legislative body for the lake (LMCD) and the aw enforcement agency (Water Patrol). Budget for the Wat� " 01. is ult'.,iately funded by the Department of Natural Resou�ct . ^lie Hennepin County Board. DNR accounts for roughly 40 pet, .a th-. County for 60 percent of the $350,000 law enforcement budget. Thus, law enforcement on the lake depends on four separate public bodies each maintaining their commitment. The LMCD enacts ordinances to be enforced. The Water Patrol determines the level of enforcement for the lake. The Hennepin County Board determines the amount of local Water Patrol funding in view of internal Sneriff Department priorities and county -wide priorities. The DNR ultimately determines the formula for distributing boating safety funds to individual counties throughout the state. The result is that four public bodies affect the level of Water Patrol activity on the lake. This Management Program seeks to provide more local c.ontrel and to assure optimum funding for this lake. The second concern is that there will be increased competition for the patrol hours within Hennepin County. The Sheriff's Eater Patrol is responsible for providing for user safety on all recreational water bodies in the co!uity. .n the future, it is 'ikely that more water bodies will 0 33 demand patrol time. Additionally, other water bodies, especially the Mississippi River, will likely need more patrol hours than currently received. Resource managers on Lake Minnetonka believe significant new funds are needed to avoid a decrease in patrol hours on the lake and, indeed, to provide for more patrol hours. Accordingly, this Management Program calls for the LMCD to directly contract with the Sheriff's Water Patrol for patrol hours over and above the basic protection now provided. The mechanism for this is a broader and more stable tax base for the LMCD and a new interagency agreement with the Water Patrol. This gives the LMCD more control over enforcement of its ordinances, and therefore, more control over the quality of the recreational experience. Public safety needs special attention because: 1) at peak hours an average of 1500 active boats generate conflicts and at times unsafe conditi,,as, and 2) as growth continues there has to be a corresponding increase in patrol hours. It is important to understand that more enforcement need not mean more citations or more arrests. The goal of public safety on the lake is to provide a safe and enjoyable recreational experience. Deterring violations r .st important. So the emphasis is on maintaining existing patrol hours and enforcement priorities, and then increasing general visibility, e.g., the mere presences of patrol boats on the lake. AUTHORITY The responsibility for enforcement of rules and regulations, by statute, lies with the Lake Minnetonka Conservation District (LMCD), the Minnesota Department of Natural Resources (DNR) and the Hennepin County Sheriff jointly. The LMCD has authority by virtue of Chapter 907 of the laws of 1967 as amended. This responsibility includes traditional water surface law enforcement as well as regulating liquor licenses on charter boats operating on the lake. In addition, the LMCD enabling legislation gives the District "operation, maintenance and police" authority over all lands used for access to the lake unless individual municipalities specifically reserved their local prerogative. The LMCD has never had its own police department. Instead, the LMCD has contracted for services with the Hennepin County Sheriff's Water Patrol. ^n interagency agreement gives the Hennepin County Sheriff authority over at part of Carver County in Smithtown Bay. The Hennepin and Carver k.ounity Sheriff's Patrol Division also has enforcement authority over adjacent upland areas around the shore of the lake. The DNR also actively enforces rules and regulations on the lake. Conservation officers are licensed peace officers in Minnesota and have full authority to enforce state and local rules and regulations. Three officers are assigned to southwestern Hennepin County. T wo of these have assigned areas that include Lake Minnetonka and smaller nearby lakes. The third officer dogs riot regularly patrol Lake Minnetonka, but does assist porior'ically. Additionally, as with the Water Patrol, grant money has IN provided opportunity to supplement normal patrols in 1988 and 1989 with officers working overtime on weekends. The result is that the DNR provides approximately 36 hours of patrol each weekend, between Friday and Sunday, during the summer. These patrols are important for two reasons. First is quality; the patrols are conducted by licensed, professional peace officers. Second, the DNR persona A are likely to be on the lake during early morning hours if fishing regulations are being enforced. That is a time when the Water Patrol is not as active as later in the day. In addition to the Hennepin County Sheriff, there are nine other organizations that can enforce certain laws, ordinances or regulations. These include: Suburban Hennepin Reg,)nai Park District - upland areas within regional parks under their jurisdiction Local public safety departments include: Carver County Sheriff - City of Victoria Deephaven- Woodland - Cities of Deephaven and Woodland Minnetonka - City of Minnetonka Minnetrista - City of Minnetrista Mound - City of Mound Orono - Cities of Orono, Minnetonka Beach and Spring Park South Lale - Cities of Excelsior, Greenwood, Shorewood and Tonka Bay Wayzata - City of Wayzata These departments may enforce local ordinances but do not have 1 -he authority to enforce I-MCD rules and regulations on the lake. The Suburban Hennepin Park District rangers have authority only on those lands administered by the Park District. In addition to these organizations, there is another state agency that has ;.he potential of affecting law enforcement on the lake and its shoreline. The Board of Peace Officer Standards and Training licenses peace officers, part time peace officers and constables employed in Minnesota. In any effort for the LMCD to form its own law enforcement body, the P.O.S.T. Board will be involved. BACKGROUND Data on user attitudes towards law enforcement on the lake and its shorelines were collected through a series of surveys conducted during the summer of 1988 and the winter of 1988 -1989. Surveys conducted on boater groups include boaters that enter the lake through: 1. public access points, 2. marinas and homeowner associations, and 3. private lakeshore residences. Overall, orita from surveys indicate that users have a positive attitudes toward thf courtesy and performance of the Water Patrol. The users feel that- the 'Water Patrol is doing a good joh, but the users express the desire for mort. patrol hours. To have more patrol hours requires additional 35 Users were asked about unsafe situations encountered during their last boating trip on the lake. More Lhan 50 percent of the boaters identified the following as having occurred: high wakes, alcohol abuse by boat operator, failure to yield the right -of -way, excessive speed, and near miss /collision. Other data from the summer surveys indicate: 1. Approximately one half of the access and shoreline resident respondents feel that observance of the rules of the road is lacking. 2. Approximately 70 percent of the marina -based respondents felt the rules were not being observed. ;. The Water Patrol is perceived to be doing an adequate ,job, but users believe that they are limited by staffing and equipment. 4. In all three groups, less than 40 percent (27.3 residents and 37.0 marina) have completed a boating safety course. 6. At the same time, 86.0 to 87.5 percent of the boaters in all three classes were satisfied or very satisfied with their last trip. Basically, the situation is as expected for a heavily used lake. More than one -half of all boaters in each class are encoun "eying high wakes, alcohol abuse, right -of -way problems, exce-sive speed, and near misses /collisions during their trips. Such situations do not always adversely affect some boaters enjoyment of the lake. Boaters on Lake Minnetonka expect to encounter problems when they go on the lake. Further, boi. ers on the lake feel that there are enough rules, but those rules need to be better enforced. i.re major issues facing management of Lake Minnetonka with respect to user experience and satisfaction is finding a mechanism to increase patrol hours and determining Lhe number of patrols that are needed during paak hours. Winter surveys were conducted between December, 1988 and April, 1989. In general, the pattern of responses parallels the findings of summer attitudes. Three g roups were surveyed: lakeshore residents, residents not on the lakeshore but within approximately 1/4 mile, and persons with ice house licenses. Effective response rates were above 65 percent an., below ,A percent. The overall level of enforcement was considered as deficient by 32.2 and 23.2 percent of the respondents with residents the highest and ice anglers the lowest. Focusing on the components of enforcement, alcohol abuse, then vehicle noise and the nighttime speed limit were perceived to be the major problems. Again, the number of patrols is perceived as too low by between 45.6 and 36.1 percent of the respondents. The staff is considered too low by between 1 ".0 and 29.1 percent of the users surveyed and the level of equipment i_, considered to be loo low by betwee- 27.2 and 16.0 percent. This pattern of respnnse is similar to those for summer use. While out or, the la�:e, tho primary problem encountered is litter. Between 15.4 and 54.9 percei)t of ti F, respordents feel that the litter problem primarily arises fr-ill per-,ons engaged in ice fishing. Ice fishing and 36 snou"obiling is believed to be jointly responsible for the litter problem by between 92.4 and 78.0 percent of the respondents. Unl:he summer, only between 9.1 and 4.0 percent of the respondents indicate that the number of u-isafe incidents exceeded expectations. Similarly, between 88.5 and 68.7 percent of the respondents were satisfied with their last visit. CONCLUSIONS DRAWN FROM SURVEYS Data available from surveys conducted in the summer of 1988 and the winter of 1989 reveal a consistent pattern of attitudes. The major conclusions that may be drawn from these data include: 1. The level of enforcement needs to be increased on the lake. 2. The staff of the Water Patrol needs to be increased. 3. The number of patrol boats available for use on the lake needs to be incr ,_ -�d. 4. Emphasi :.ould be placed on enforcement of existing rules and regulations instead of imposing new rules and regulations. 5. More parking is needed at access points on the lake. 6. Increased boating safety education is needed among the user groups on the lake. 7. Improved signage at and near access points should be considered. MANAGEMENT OBJECTIVES 1. Managing entities shall work with the Hennepin County Sheriff's Water Patrol for a consistent and stable state and county funding procedure. The Hennepin County Sheriff's Water Patrol budget fluctuates from year to year, often because of changing state funding procedures. To use financial resources most effectively, . .rding sources need to be more stable than they have in the past. More stable and consistent procedures allows long -term planning which directly affects personnel assignments. 2. The level of staff and the number of patrol boats on Lake Minnetonka shall be ti d to boat density. As boat density increases on La'-,e Minnetonka, the number of patrol hours on the lake need to increase. An important purpose of the additional patrols is to maintair the quality of the recreational experience on the lake. Ultimately, the goal is for 24 -hour coverage seven days per week. But in the sl3rt term, the goal is to provide 24 -hour coverage for four days per week for the 17 week period generally between May 15 and September 15. The days would include Fridays, Saturda- and Sundays, with the fourth either 'rhursday or Monday, dependirlE upor the Water Patrol's judgement and experience. 'File purpose of the increased patrols is to increase: 1) genezal visibility on the lake, 2) enforcement of ordinances aimed at public comfort and enjovn: r,Y, ar:i 3) proactive enforcement. 31 The LMCD shall contract with the Sheriff's Water P ^trol for the additional patrol hours. Funding shall be the property tax levy discussed under "tianagement Struc ". Implementation of the 24 -hour coverage on four days per week and the additional 3000 patrol hours shall be prior to the lake reaching a density of 7.0 (usable) acres per boat. After that, the LMCD and the Sheriff's Department shall jointly determine the rate at which patrol hours increase as density increases. Specific duty assignments for the additional patrols must remain with the Water Patrol command. However, LMCD shall discuss priorities of enforcement with the Sheriff's Department annually et the tii..e of contracting. 3. The LMCD shill take a leadership role in a county -wide boating educatioi► program. The purpose is to provide a forum for coordination and intensification of boating education in Hennepin County. Data indicate that less than 35 percent of the respondents to questionnaires during summer 1988 sur-eys have completed a boating safety course. At the same time, additional survey data in::cate that observance of rules -of- the -road is lacking. Emphasis on enforcement needs to be only one part of a program to enhance compliance with safe boating practices. Boating safety programs are presently encouraged by the Power Squadron, sailing clubs and the DNR. The percent of Lake Minnetonka boaters completing a boating education course is in line with the average for the metropolitan region and the southern tart of the state. Only the northern part of tae state :gas a lower average. However, in view of the density of boats, th• percentagc of boaters desiring more enforcement and the complaints that boaters do not know the rules of the road, improved boater education would alleviate some problems on the lake. The objective requires a m,'ti- pronged approach whic'i includes: 1. Meeting with organizations with common int .esta to establish priorities and ?rogram design. 2. Expand distribution of educational materials around the lake. 3. Assistance in development of ir,f - 3rmational programs. 4. Expansion of participation in boating aduc.,tion courses. Organizations to involve include: DNR Division of Water Safety Suburban Hennepin Regional Park District Hennepin County Power Squadron Sailing clubs Coast Guard Auxiliary Minneapolis Park District /Other park districts Co--,,unity education /service programs of school districts 4. The LMCD shall work with the Hennepin County court system to require persons convicted of major infractions and repeac oftenders to complete ,, boating safety course. 38 For this to work, the following must be available prior to contact with the Chief .Tudge: 1. Regularly scheduled course!; 2. Courses with a mixture of voluntary and compulsory attendance 3. A shorter versicn of the course than the traditional power squadron offering Presently, boating safety courses are available manly certain times of the year; they are typically not offered during the summer when most infractions occur. 5. Responsible agencies shall improve noise enforcement on the lake. Noise is an often - mentioned problem for boaters and winter users on Lake Minnetonka. Based on survey responses, suggestions at public meetings, and personal observations the following is the minimum that should be implemented for noise reduction: 1. The Water F:.'rol shall provide the latest technology for noise measurement in each patrol boat on Lake Minnetonka. This includes having trained staff on each patrol. Similar provision should be made for winter as appropriate for winter equipment and cold weather operation. 2. The LMCD should revise their present ordinance to impose a 71 decibel limit aiter 11 pm and before 7:00 am summer aad winter. 3. Work with `he Hennepin County Chief judge to obtain increased fines along with a doubling of the firs for noise violations at night. • 6. The use of personal watercraft, hovercraft and similar devises shall be limited by ordinance. arsonal watercraft shall be limited to the same hours of operation as waterskiing. Restriction of other devises shall he determined by the LMCD. The I:4CD shall work with industry trade groups, the DN'R, Water Patrol and other interested organizations to encourage, education, self re,;ulation and solutions to other proble,ns associated with the use of these types of craft. 7. Responsible agencie- shall improve coordination of special events on the lake. The I:1CD shall sponsor semi- annual meetings to coordinate special events on the lake. The pur­or;e of the meeting is to resolve problems that have arisen or may arn.,e from scheduling such events. Participants at the meeting should be I M("D Water .'atroI Suln) ' Iik'11 i i_11 IndividII, +1 Pul Safcty Df'p,irtm� lit ; (AppIicai�t; notifit­ I .ii,�i at tc-r( inE,) 3'� 8. The LMCD, the Sheriff's Hater Patrol and other involved Public Safety Departments shall hold semi - annual meetings to discuss priorities for enforcement of summer and winter rules on the lake. Twice each year, the LMCD shall host a meeting of law enforcement agencies to establish to enforcement priorities for the coming season. The meeting should address: 1. Past problems and proposed solutions 2. Priority for proactive enforcement activities 3. Allocation of resources to Lake Minnetonka 4. Coordination and communication between the LMCD, Water Patrol and local Public Safety Departments S. Improvement of reporting between law enforcement agencies active on and around the lake 6. Mai Ii� lists for notification of special events and other issues 9. The LMCD �zh;il work with the Hennepin County Sheriff, the Water Patrol and local Public Safety Departments to assure direct communication using the latest technology available to the various department . Presently, the radio frequency used by the Water Patrol is for the exclusive use of the Water Patrol and the narcotics division; local law enforcement organizations do not have access to the frequency. That presents a significant barrier to communications and coordination of activities. The problem is difficult and will not be easily solved since all frequencies have been assigned. But technological changes are occurring anO will continue. As these changes are implemented locally, all law enforcement departments shall work to assure the most direct and efficient communication possible. • 40 IV. SHORELAND PROTECTION PERSPECTIVE Lake Minnetonka is particularly affected by the actions of 14 lakeshore communities, the Minnehaha Creek Watershed District, and the Department of Natural Resources (DNR) in controlling development and redevelopment within their jurisdictions. To protect the lake, controls need to be imposed beyond the shoreline and riparian parcels of land. Accordingly, this part of the Long -Term Management Program for Lake Minnetonka presents guidelines for controlling development, redevelopment and land uses within 1,000 feet of the lake (shorelands). The LMCD does not now have, nor does it seek, authority over land use decisions in the 14 cities. Instead, it seeks improved coordination and communication with the cities and the Watershed District to assure protection of the environmental quality of the lake. The overall strat gy utilizes a two - pronged approach to minimizing the adverse effects of development. The first prong is to use the existing DNR shoreland management program as the basis for developing a consistent model ordinance to be adopted and enforced by the 14 municipalities. The second part is to use the 509 Plan being developed by the Minnehaha Creek Watershed District. The Lake Minnetonka Conservation District (LMCD) needs to provide an oversight review to assure that individual communities enforce the Shorpland Management Standards and Criteria (Appendix C) and the requirements contained in the 509 Plan. t This approach does not alter the traditional jurisdictions and powers of local government on the lake. Instead, it depends on intergovernmental agreements and long -term cooperation to achieve the stated goals and objectives. That requires greater commitment by the LMCD in order to assure that all involved organizations consistently act in the greater public good and sometimes transcend more limited local interest. Accordingly, protection of the lake from the adverse effects of development and redevelopment requires a strong working partnership between managing entities and the Lake Minnetonka Conservation District because the District does not seek expanded authority above elevation 929.4 (Ordinary High Water). Appendix C contains Standards and Criteria for municipal ordinances and Watershed District regulations controlling shoreland development in the 14 communities. The purpose of the Shoreland Management Standards and Criteria is to protect: 1) the lake from pollution, 2) the natural environment of the lake and the commutil ti(s, 3) the local tax base, 4) aesthetics, both from the shore and from the lake surface, 5) public health, and ") public safety. The btandards and Criteria are designed to be the D irtment of Natural Resource's "' io - eland Program as well as t;, Watershed District:'s Re6111- ition>, 0 41 Management Areas Shoreland Management concerns three inter- related areas: 1) controlling development and redevelopment within 1,000 feet of the lake; 2) protection of upland areas from development and redevelopment induced by use of the lake; and 3) management of public recreation facilities on the lake. Therefore, this part of the Long -Term Management Program views shoreland areas from both the lake and from the land. It is essential to protect the lake and upland areas from adverse effects largely arising from the popularity and the quality of the natural resources of Lake Minnetonka. The use of the lake generates pressure for development as well as the development of on -shore attractions that affect water use patterns. Only some of these are bars, restaurants, bait shops, marinas and other water- oriented facilities. Public recreation facilities, including regionally attractive and neighborhood parks, vistas, lookouts, fishing piers, picnic areas and swimming beaches, present another set of problems to be minimized. Shoreland Protection is closely related to both Environmental Protection and Recreational Management Programs. Wetland and Water Quality management objectives provide further restrictions on development along the shoreline and in the upper basin. Recreation Management focuses on recreational use of the lake and the shoreline. AUTHORITY The LMCD seeks no new authority over land use decisions in the shoreland cities. Implementation of the Comprehensive Management Plan depends upon a partnership and coordination between local, regional and state agencies. No single agency is positioned to implement a unilateral shoreland protection program for Lake Minnetonka. Local authority is divided between 14 riparian communities. The LMCD has extensive authority over the lake surface, but very limited authority over shorelands. The Minnehaha Creek Watershed District (Watershed District) and the Minnesota Department of Natural Resources (DNR) have extensive authority, but both heavily rely on local implementation and enforcement of their shoreland regulatory programs. Because of the political and fiscal realities of budget and staffing, these two agencies tend more to establish policy, standards and criteria; implementation and enforcement customarily relies on local efferts. The Metropolitan Council is little involved in the day -to -day implementation of these regulatory programs. The authority for protecting the shorelands of Lake Minnetonka may be shared between local, regional and state government, but it is the local unit teat must enforce controls. For Lake Minnetonka, implementation must be through a new partnership forged with involved agencies and through more consistent. dialogue. This means that the LMCD is dependent on outside agencies to implement development and redevelopment controls essential to maintain the quality of the lake's recreational experience, to protect upper basin wetlands, and to maximize water quality in the lake. • 42 PLANNING CONTEXT The Shoreland Protection Plan evolved from three concurrent forces: 1) development of the management plan for Lake Minnetonka; 2) revision of the DNR shoreland management regulations; and; 3) preparation of the 509 Plan by the Watershed District. These three processes, arising from independent authorities and independent setting of priorities, culminated in coordinated and cooperative local response to state regulatory programs. To varying degrees, each of the 14 lakeshore communities on the lake have dedicated time, effort and resources to developing, implementing and enforcing programs that affect the lake. The intent of this Shoreland Protection Plan is to protect the integrity of those programs where warranted, enhance them when possible, and to attain consistency when appropriate. The result is a set of rules that are subject to DNR, Watershed District and Metropolitan Council review, but that are specifically tailored to protect the lake while reflecting the historical development patterns on the lake. Lake Minnetonka is a resource that merits protection. Future regulatory programs need to assure that the development and redevelopment that occurs on the lake in the next 25 years is environmentally, socially and managerially acceptable. To date, management of the lake's resources has not been comprehensive and has not been by consensus. The result has been ad hoc compromise and dispute, sometimes pitting local interests against regional or state agencies. a The challenge facing the communities on Lake Minnetonka is to use the state- mandated shorelano management program to implement the more acceptable alternative Standards and Criteria that are contained in this plan. These Standards and Criteria are established to assure optimum protection for the lake, its shoreline, shorelands, and its resources. Reservations were expressed by some communities that these Standards and Criteria managed shorelands to the "lowest common denominator" on the lake. But that is not what has been done. Instead, this part of the program concentrates on raising standards without creating non- conforming lots within certain cities. The compromise adopted was that used by other cities on the lake with smaller than average lot sizes. Specifically, the standards set a minimum lot size of 10,000 square feet. At least one lakeshore community is presently developed at 6,000 square feet with some undeve oped lands still zoned at 6,000 square feet lot areas. By allowing flexibility to decrease lot size by up to 40 percent (60 percent of the st,111(lard), these smaller lots fall into compliance. This tr,;cie -off is allowed under the DNR regulations when areas falling below tho DNR minimum standards aye offset by areas that are more rep ; rrictive. The Management Program offers the opportunity for one com.:r on the lake to be developed at smaller lot sizes as long as community has more restrictive standards. Thus, the agreements not. encourage smaller lots, but the agreements c:o allow them to centir 1 to be used within a more restricted regulatory framework. 0 43 To protect cities that are more restrictive, the Standards and Criteria include statements that encourage cities to be even more restrictive. In order to achieve the goals set through the subcormittee deliberations, it is imperative that some municipalities remain more restrictive. Recreational use of the lake creites additional concerns for shoreland protection. Such use create pressures for on -shore developments within shorelands. Businesses and certain residential , ses are attracted to the shoreline both because of the quality of the lake's resources and because of the large boating population on summer weekends. If Lake Minnetonka is to serve expander: regional demand for water - orient recreation, the best place to do so is on its shoreline. During peak u.; hours there is an average of one best for every 8 acres of usable water on a summer weekend day. However, the busiest day recorder'. •i the lake. had 2256 active boats during peak hours which is one boat fo every 6.2 acres of water. That is significantly greater than the other regional water resources in the metropolitan, area; the Lower St. Croix River has an average of 15 acres of water per boat. It is logical, the., to examine increased use of its shoreline to meet the expanding regional demand for water- oriented recreation. Regional opportunities Zor picnicking and swimming are presently limiter; on the. lake. Development of the lake shore is largely limited to neighhorhaori parks and the Excelsior Commons. Picnicking and swimming opportunities have been developed largely to serve resident neighborhoods. Only the Excelsior Commr.ns has the capacity to serve a significant regional population. LONG -TERM SHORELAND PROTECTION 0 The uncontrolled use of shorelands adversely affects aesthetics, both from the shore and from the lake. U.,contrclled use also adversely affects the public 1 safety, and general welfare by contributing to pollution of Lake Minnetonka. Very significantly, uncontrolled development adversely affects the natural environment of the lake and community and impairs the local tax base. In furtherance of the policies dec' r: in Minnesota Statute;, chapt:rs 105, 115, 116, 394, 396 and 462, and Mi.....sota Rules, sections 6120.2500 to 6120.3900, minimum standards and criteria are estahlished for the standivision, use and d ,2velopment of the shorelands of Lake Minnetonka. The standards and zriteria are intended to preserve and enhance the quA ity of surface water: ;; preserve and enhance aesthetics for shoreland resi.lents and tiers of the: water surface; conserve the economic arui na? errvir •na, n ?:al ..!lrac of shorelands; and pro%ide for the wise use of water" and related `:arid rrsu,irces of th, lal�r. The intent of the cities, agencir and organizatio :. involved in tier. development of the Mariagement Plan for Lake Minnetu;;ka 's to encour,;f� an�i enhance efforts by local government with jurisdiction uvie *r lan -i u:• arA zoning to control development and rer'evelopmelit of the shorelands of L..� Minnetonka. Coals and objectives as well as the Stanriardr; a A Criteria contained in this Snoreland Yrotectior, Mall tll.at management issues are to be interpreted a rninir���..� u.- iarr:� ;. ':�,thir;, in these standards and criteria shall he c�.:r, ;t.r 1 :,,, i'l -hihil ia.r or • discouraging a local government from adapting and enforcing controls that are more restrictive. Individual municipalities a.r3 encouraged to develop more restrictive standards, rules and regulations in order to afford even greater protection of traditional uses, environmental quality and socioeconomic values. The LMCD has a legislatively- mandated responsibility for public water - oriented shoreline recreational opportunities on the lake. It is long been the policy of the Lake Minnetonka Conservation District to foster cooperation and facilitate coordination for better located and developed on -shore recreational opportunities. The LMCD's interest includes: 1. each shoreline recreational facility in its entirety. 2. the inclusion, siting and number of recreational and ancillary facilities in auch parks to protect aesthetic, natural, and recreational values of the lake and its shoreline. 3. reducing conflicts that exist between shoreline users and boaters on the lake. 4. encouraging and supporting county and regional funding for acquisition, operation and maintenance of regionally attractive shoreline recreational facilities. 5. optimizing shoreline use to better balance the demand for boat access and the demand for shoreline recreational opportunities. 6. utilize appropriate on -shore facilities as destinatioriz for boaters to decrease the density of moving boats on the lake during peak periods. The Lake Minnetonka Conservation District has legislative authority over r shoreline use and over shoreline public lands. The stated LMCD policy includes encouraging management of local parks locally and regionally attractive parks _egionally. Both the cities and regional agencies have direct interests that need to be considered when additional parks are developed on the lake. Encouragement of transient facilities on the shoreline for boaters provides destinations for boaters ghat removes their boats from the lake temporarily, partic.,larly during peak hours. Each boat beached, moored or docked during the day is one less contributing to the density and conflicts characteristic of peak periods. Further, the location, size and number of on -shore facilities slich as fishing piers, transient docks, swimming beaches and other facilities affect the LMCD's traditional authority by potentially: a) affecting the water quality of the lake, b) impacting shoreline and lake aesthetics, natural and recreation; value, c) creating conflicts between other traditional uses, and d) enhancing traditional uses of the lake by the general public rind pri•,ate residents alike. An example is shoreline fishing at narrow channels where there are conflicts between fishing and boating. There is also a direct link between p-iblic ownership of shorelands and boating patterns. Where large parcels are in public ownership, are available to the boating public, and where physical features are favorable, rafting and beaching are important activities. 0 45 MANAGEMENT OBJECTIVES 1. Managing entities shall facilitate, encourage and enhance local government efforts to adopt shoreland management rules and regulations that meet the standards and criteria that are rnncained in Appendix C. During development of the plan, participating organizations arrived at the conclusion that management of the shoreline was essential to protection of the lake. In light of the flexibility provision A(7) of the revised DNR shoreline management regulations (Minnesota Rules, Ch. 6120), the LMCD shall take a more active role in assuring consistent regulation of development and redevelopment of the shoreline. To do this, the LMCD shall actively encourage the adoption of the more restrictive Standards and Criteria in Appendix C by the 14 lakeshore communities as well as promoting acceptance of such ordinances by the DNR and the Metropolitan Council. The LMCD shall contact each city that actively undertakes land use planning for development to determine if the District may participate as an interested party. The District shall also meet with the Metropolitan Council to establish procedures to allow the District to comment on the plans and amendments as they are submitted to affected jurisdictions and the Metropolitan Council during plan review process provided by the Metropolitan Land Planning Act. 2. To reduce the aesthetic impact of high -rise development, the LMCD shall encourage governing councils of nearby communities to exhibit restraint in approving variances and conditional use permits for buildings that will be visible from the lake's surface and shoreline. Aesthetics directly impact both the shoreline resident and users of the lake surface. Accordingly, the Minimum Standards and Criteria set maximum building heights for the shoreland. But, it is not practical to attempt direct regulation of structure heights beyond the shorelands given the suburban nature of the lake and the fact that structure height in non - lakeshore communities, e.g., Plymouth, have the potential to affect aesthetics on and near the lake. Instead, the LMCD shall influence case -by -case proposals through negotiation. 11 :is can be done directly with the developers, the cities involved as well as with the Metropolitan Council. 3. The 1,MCD shall develop the staff and procedures to review and comment on the following variance applications in all fourteen communities: a) building height variances anywhere in lakeshore communities, and b) all variances for riparian parcels on Lake Minnetonka. The participating oi felt that the LMCD should take an active role in assuring that lakeshore communities consistently enforced the shoreland regulations adopted tinder the Standards and Criteria with respect to structure height. Since variances are the mechanism that developers use to exceed structure limits, the LMCU shall develop agreements with local communities to review variance applications. The LMCD shall notify the city of its position on the variance. Thereafter, the city shall notify the UMCD of the decision of its Plan Commission and its Council. In order to implement this process, the LMCD needs the staff and capability to r ++pidly respond to stick applications. 46 4. The Litt.: shall. take an active role in the development of plans for any public shoreline recreational facility that is potentially of regional • significance. The LMCD has broad legislative authority over public lands on the lake. That authority includes operation, maintenance and policing of lands used for access to the lake. That authority shall be used to cooperate with implementing agencies to assure the interests of all users of Lake Minnetonka considered during the plan process as well as during operations. _urther, the LMCD shall facilitate cooperation and ccordinate involvement between regional agencies and local communities while maintaining its role as advocate for the resource. As plans are evolved for future parks of regional attraction, the LMCD shall be involved from the beginning in decisions ahout facilities provided and their location. The basis for this involvement is their considerable authority over such facilities. 5. The 1ACD shall maintain its policy of not owning or operating shoreline recreational facilities but shall continue to foster cooperation and facilitate coordination for better located and developed on -shore recreational opportunities. Presently, municipalities, Hennepin County, Suburban Hennepin Regional Park District and the Department of Natur?1 Resources actively manage public lands on the lake. There does not appear to be reason for LMCD to undertake responsibility in this area. LMCD resources shall be allocated more toward its traditional areas of operation. 6. The goal for parking at boat access points shall be to provide sufficient formal parking in the vicinity of major access points which utilizes remote parking facilities, facilitates handicapped access, and minimizes on- street parking, lake frontage, water quality effects, aesthetic intrusions and miaimizes effect on local and neighborhood traffic flow. Large parking areas adjacent to the lake are inappropriate since they are counter to objectives developed to protect wetlands, water quality and intense development on the lakeshore. The hardcover limitation of 25 percent of the lot area all but preclude continuing the existing practice of building access point parking immediately adjacent to the lake. Under the water quality, wetland protection and shoreland management: objectives;, such parking areas shall be removed from the likeshore as Opp 'tunity arises. New parking areas shall be subject to the shoreland nt, water quality and wetland protections afforded in this Long ',er:, :igr,cent Program. On- strt .et parking causes cenl;estion on city and county streets, disrupt; neiFhber;:oods interferes with traffic flow and inconvenie,,crs u;Ors of access points. A bettt:•r arranl;e,rent is to use re:cot:e parkin,'„ witl, !,i,io tic : as re,luired. 1'1e level of eaistirig shorelinr: develc,ii:r t.t p� ditt i It tr�o!e -offs; of parkins; lots displace; exis' inr, 47 traditional uses. new parking areas are developed, an operating Flan shall be develope 0401 includes the conditions under which the ramp and /or parking Tuts inoy be closed. While these factors present difficulties to implementing a solution to the parking situation, the bes' course is to manage boat access more like the National Park Service. Pu parking lots must be blocked off when full, and then to let one vehicle in for each that leaves. Another needed control is to rigidly enforce parking regulations through citation and fine. These examples provide guidance for developing an optimum parking arrangement for Lake Minnetonka. Operation, maintenance and law enforcement responsibility for shoreline r,ighborhood parks shall remain with the owning municipality. Shore -based recreation represents an important, but sometimes overlooked, part of the summer use of Lake Minnetonka. On the lake at the present time there are at least two types of recreation areas. Most- of the parks on the lake are small and are designed to serve local neighborhoods. Their size and parking availability preclude them from being regional attractions or from serving a large population base. The second type attr'Ict visitors from outside of the local community. Noerenberg Park and the Excelsior Commons are examples. 8. Water- oriented shoreline recreational facilities serving, a regional population shall have regional funding. Presently there are plans for developing a regional park in Minnetrista wito significant public lands on Big, Wa »ratasso, and Wild Goose Chase Islands. Present LMCD policy is to encourage development of additional intermediate or regional , Funding of parks serving a county -wide or regional population shall be at Cho regional level. Basically, this is consistent with existing policy in the seven county metrop,ilitan area. Throuf.li the Metropolitan Council's Parks and Open Spac program an extensive set of. regional parks gave been developed that are under the management of col_inty recreation agencies. This objective is consistent with existini rerionil practice. 9. ManaLiny, entities shall. support enhancement of shoreline recreational opportunities serving the regional population. "Phis is cc li­ lit with I;i!;U stated p;,licy and reprf sent; no ch:. from the preso� -. ine 191 pol states that such area,; area needed only one or two locations on th" lake. The uobe'r of ret;ion:il par't­ nt.eded on Llie lake is not specifii•d; th intent is to le,t fu I e .,t Idic s dt•terr,!int• the r.umher anei si:'e of p:irl_r GiVe'II the prestI:t P 'itl; for a paI "k 121 Mi ri "I n(i tire! (xi';te c,e Uf Iarge public: prire:els on B i f, I,la2i(I , it is now preferable to foot, re,rn_irc «•; an effort on cuilsolid.ition and devcIopr;enI in these arf After existing << 9 plans are implemented, further demand studies can est „`>lish the need for further acquisitions and construction. It is logical to adopt a position enhancing shoreline recreational use. Use of the shoreline to develop attractive destinations to­ boaters could increase rafting/beaching on the lake. Any increase in rafting/beaching temporarily removes boats from the open lake, thereby decreasing the potential for conflicts. Coupling new rafting opportunities with expanded access decreases the net contribution of active boats on the lake. Proper development of shoreline recreation opportunities for boaters, as well as for the non - boating public, can enhance the boating experience on the lake. Presently, every significant public area suitable for 3:ting or beaching is heavily used by boaters during peak hours. Developmer_: of more of these areas would temporarily remove additional boats from the open lake. That decreases the density of moving boats and reduces the potential for conflicts. 10. Managing entities shall. encourage further public development and appropriate acquisition on Big Island. Present use of Big Island could be improved if there is additionL' acquisition and development. It is preferable to develop the future park to serve a regional population with regional management and funding. Big Island represents the largest block of public lands and the resource shall be developed to its optimum extent. in The Board of Governors for the Veteran's Camp on the island remain concerned Orat this management objective could be interprete- to mean that ownership of that camp should pass to another public agency. That is not the intent. Instead, the managing entities shall share common resources and services as appropriate and work together to maximize use of their respective areas. Ownership and management shall continu to emphasize the greatest public good. 11. Managing entities shall encourage coordinated development, management, policing and regional funding of all lands of regional attraction on the lake. F,ffectively, this means that the proposed park in Minnetrista, Wild Co,,se Chase I Wawatasso Island, Big Island, Noerenberg Park, the Hennepin County ,al Railroad Authority right-of-way and future acquisitions shall b., olidated into a single cohesive recreation resource with unified aii-t coordinated management. Funding shall be given priority to assure timely implementation. 1 2. A plan for fishing access shall be developed for the lake using, fishing piers and provision for formal parking areas. Fishing, c,111 be enhanced on the lake and conflicts with boating reducc 40 throui;h the construr tion of fishing piers on the lake. Fishing piers cin 49 be positioned so that the activity is relocated away from the shoreline at narrow channels to adjacent parts of the open lake. This maintains traditicnal uses in essentially the same location while improving the recreational experience of both groups. 0 The State of Minnesota has a program which funds construcri.on of fishing piers on public property. The LMCD shall work with Henne},n County and local municipalities to obtain these funds insofar as available. Further, the L.MCD shall use its regulatory function for marina modifications to include fishing piers as a high priority amenity where appropriate and as local conditions and municipal regulation permit. While _.uproving car /trailer parking, provision shall be included for shore fishing utilizing a site design that minimL contact between anglers and boats in the water. Buoys, surface use restrictions and other controls minimize conflicts. 13. Managing entities shall encourage development of scenic lookouts around the lake. As lands are acquired for other purposes (parking, Big Island) or developed (rail right -of -way), provision for parking and sightseeing shall be included as a priority activity. 14. Transportation agencies shall continue to provide ring routes to divert commuter and commercial traffic from shorelands and work to incorporate recreational access to Lake Minnetonka in future public transit alternatives. Presently, Highway 15 carries considerable traffic through Spring Park, Minnetonka Beach, Orono and Wayzata. Future highway construction that offers attractive, rapid alternatives away from the lake shall continue to be encouraged. This will become more important as development occurs west of the lake. Further, if the decision is made to serve western Hennepin County suburbs with alternative public transit, recreational access to Lake Minnetonka shall be considered. This includes use of public transportation as a means of reaching the lake shore for day use, as well as combining rernote parking and with public transportation to the lake shore. 15. The I14CD shall coordinate placement and servicing of adequate trash containers at all summer and winter access points on the lake that are used by vehicles. Winter users of the lake strongly feel that litter is the primary problem. In addition to increasing enforcement, users need an opportunity to properly dispose of their garbage. Various institutional barriers preclr garbage collection on the lake, so trash containers shall be provided at. the shoreline at all appropriate access points on the lake. 0 50 V. ENVIRONMENTAL PROTECTION PERSPECTIVE The challenge facing resource managers protecting the natural environment in and near Lake Minnetonka is to implement development controls that will inhibit the inevitable decline in water quality and the functional values of wetlands, Programs to protect the natural environment extends beyond the shorelands within 2,000 feet of Lake Minnetonka to include the entire upper drainage basin. Water quality ;n Lake Minnetonka cannot be protected without aggressive implementation of management programs that include wetland protection and development controls in the watershed which drains into the lake. Accordingly, the Minnehaha Creek W, and the Department of Natural Resources (DNR) become particularly important agencies if the objectives for environmental protection are to be realized. These agencies need to carefully administer their regulatory programs any+. sometimes to modify their regulations in order to provide the requisite level of protection. Without that protection and mitigation, Lake Minnetonka water quality -- and with it the quality of the recreational experience -- will decline. The management program for environmental protection is integrally related to shoreland protection programs. Most of the Standards and Criteria for t'.,e shoreland ordinances are needed in order to protect water quality, aesthetics and the quality of the recreational experience. Without adoption and consistent enforcement by all 14 lakeshore communities, these wate quality and wetland protection objectives cannot be achieved. Implementation depends on improved cooperation and coordination among all managing entities, better intergovernmental relations, interagency agreements and modi.'ied regulatory programs. The role of the LMCD must be to improve its regulatory programs and to provide oversight for other managing entities during administration of their programs. The LMCD role requires expanded and new staff capabilities. The Lake Minnetonka Conservation District (LMCD) has been involved in assuring envirorunental protection of the lake since its inception. After its formation in 1967, the IMCD sponsored a series of committees to develop recommendations for action in several important areas. It also participated in the funding of the 1971 study entitled: "A Program for Preserving the Quality of Lake Minnetonka ". This comprehensive study reviewed all sources of water quality pollution to the lake. The study concluded that existing mi_.nicipal wastewater treatment plants were the major cause of declining water quality. It recommended that the plants be phased out and the sewage discharge be routed away from the lake, This goal v s fully realized by 1986 when the last wastewater plant within the watershed was phased out. Management Areas Water Quality manalement objectives call for improved monitoring, maintaining • recre,,tion and sport fishing, minimizing the effects of non -point source 51 pollution and septic system leachate, and minimizing the detrimental effects of dredging and upland erosion. While the Lake Minnetonka Conservation District (LMCD) has authority in these areas, most of the objectives need to be implemented outside the geographic jurisdiction of the Dis�rict. Implementation of the water quality objectives rely on interagency agreements, modification of agency objectives, improved enforcement, improved intergovernm ^ntal relat!ons, and consistent cooperation and communication. Wetlands protection, focuses on improved regulation both in the lake and in the upper watershed. Protection, both above and bel -w the 929.4 contour, is essential if water quality and fishery objectives are to be realized. Identification and acquisition of the most important wetlands protects the natural environment a:,d maintains the quality of the recreational experience. Noxious aquatic and emergent weed control assures functional values of the wetlands. The fishery of Lake Minnetonka appears to be in satisfactory condition, although monitoring data is insufficient to support that conclusion. Fishery goals are focused on maintaining sustainable populations of native fish, improving regulation of fishing tournaments on the lake, and improved population monitoring. Additional information is needed on the effects of aquatic weeds and weed harvesting on fish populations. AUTHORITY The enabling legislation of the L4CD (Chapter 907, Laws of 1967, as amended) gives LMCD authority to manage laki water quality. Specifically, the District has been granted the following powers related to water quality management: • to undertake research to determine the condition and development of the lake and the water entering it, and to transmit their studies to the Minnesota Pollution Control Agency and other interested authorities, and • to develop a comprehensive program to eliminate pollution;, and • to receive financial assistance from and join in projects or enter into contracts with federal and state agencies for the study and treatment of pollution problems and demonstration programs related to them. Besides the LMCD, four other agencies have the. potential to affect writer quality on the lake. The Minnehalha Creek Watershed District was founded at. almost the same times as the IhiCD. The Watershed District has independent taxing authority, power to implement projects and p-�wer to regulate the entire watershed of the lake and creek. The Minnesota Pollution Control Agency establishes water quality standards and performance of on -sit.e sewage treatment systems. The U.S. Army Corps of Engineers and the Minnesota Department of N..'ural Resources (DNR) have permit program; that directly affect the water quality of the lake. Regulation of wetlands below the 929.4 contour is implicit in the I.MCD's authority to regulate use of the lake and its shoreline. But- the most active agencies are the Watershed District, the DNR and the 14 local communities. The LMCD's authority is limited to those areas be]-w the 929.4 contour. Accordingly, imple::entation of important parts , this program must rely on action by other organizations. Is 52 Fisheries are largA y the purview of the DNR under Minnesota statutes. The DNR has the responsibility to conserve and enha fish and wildlife in the state. Further, Chapter 91A,045 directs the Commissioner of the DNR to manage fish and wildlife to ensure recreational oppot for anglers and hunters. The IMCD traditionally has not been active in fisheries management; its regulatory efforts have focused on managing fishing tournaments. The potential exists for the I.MC'.1 to take a more active role in this area. PLANNING CONTEXT Eater Quality Generally, the various bays of Lake Minnetonka have exhibited improved water quality since the diversion of wastewater trea,�ment plant effluents out of the watershed of the lake. Measurements demonstrate improved summer water quality c - editions. The quality is now adequate to support most recreational uses of the lake. Exceptions to =his are Halsted's Bay, Crystal Bay, Tanager Lake and West Arm. The lack of improvement in these: bays is probably due to internal phosphorus loadiig from lake sediments --nd high loadings from non -point sour ^e pollution. The major threat to the water quality of �Ihe lake is the development and redevelopment of the watershed of the lake. Additional. phosphorus leading appears unavoidable. Deten: i)n ponds can reduce, but will not eliminate, this impact. Because of than, eventually, in -lake treatment methods may be needed to maintain water quality for recreational purposes. Additionally, lesser sour-es of phosphorus loading include excessive and improper use of phosphorus fertilizers, disturbance of highly erodibi areas, filling of wetland and poor agricultural practices i„ the basin. The aquatic weed Eur -{ cian Waterinilfoil has become-, established in all parts of Lake Minnetonka a: 1 represents a threat to traditional recreational use patterns on the lake. The weed may also cause depletion of dissolve,i oxygen in the lake during periods when the plants die and decompose. Generally speaking, the institutional framework nece'.sary for efr ctive water qu.rlity management exists, bur cu m -nt standard:: and critt-:r,r do not afford sufficient protection fur the lake. Wetlands Many wetlands have been lost in the last few decades as the -result of development. The shoreline of Lake Minnetonka and adjacent wetla:,,ls have undergone intense development over the years. As pressure incre ses for additional lake access and redevelopment of low density resident .I and commercial districts, the pressure to alter wetland areas will al,o continue to increase. The dredging of channels in Lake Minnetonka for navigational access through wetlands is an activity that may have significant impact on wetland environments and their functional values. Accordingly, the U.S. Army Corps 53 of Engineers, DNR, the Watershed District and most of the lakeshore communities have regulations or ordinances that control the use of wetlands in and near Lake Minnetonka. The institutional framework necessary for effective wetland protection exists, but enforcement and inspection of construction activities is lacking. The infestation of the exotic plant species, purple loosestrife, in wetlands in the Lake Minnetonka area has the potential to adversely affect the wildlife habitat value of the wetlands. The plant aggressively displaces the native wetland vegetation required by wildlife, while having no value for wildlife itself. Loosestrife has been declared a noxious weed in Minnesota. It is the responsibility of landowners Lo eradicate the plant on their land and the responsibility of the D14R to control the plant in protected waters and wetlands. The most effective control program involves the eradication of the plant before it becomes a dominant part of the wetland ecosystem. The LMCD shall track ongoing research and the potential for improved control methods. : isheries The primary objective of fisheries management is th,_ protection and enhancement of fish habitat. This includes maintenance of good water quality, protection of spawning and nursery areas, and provision of adequate cover for juvenile fish and forage species. These activities are essential for self - sustaining populations of fish in the lake. Potential impacts on the fisheries of Lake Minnetonka are primarily related to loss or degradation of fish habitat. Some of the potential threats to fish habitat include: — invasion of exotic plant species such as Eurasian watermilfoil - filling or alteration of wetlands or the lake - development and redevelopment of lake shoreline - degradation of water quality - dredging and channelization - invasion of exotic plant species such as Eurasian watermilfoil - excessive control of aquatic vegetation Regulatory programs have been implemented that protect fish habitat either directly or indirectly. These programs include- municipal shorelind protection ordinances - Corps of Engineers Section 404 permit program - DNR protected waters permits - DNR aquatic nuisance control permits - Watershed District permit programs. In addition, the DNR protects a few designated bass spawning areas for the purpose of obtaining fish stock for other lakes in the state. Lake Minnetonka provides the most productive fishing in the seven country metropolitan area. The lake is rated as the finest bass lake in Minnesota. the diversity of aquatic habitat in the lake supports an abundanc of fish species. More major bass tournaments are coed:_rcted on the lake than on any other lake in Minnesota. The exceptional quality of the lake and its proxinitf to the Minii- apolis -St. Paul rnetropolit.;n area makes it imperative that the lako he m.inaged in such a rnanner as to protect 54 and enhance the fishing resources. For Lake Minnetonka, the DNR has been the primary agency responsible for monitoring and managing the fisheries in Lake Minnetonka. Staff and budget limitations of the DNR have not allowed a full fish monitoring program. Fish populations are monitored only indirectly through the present fisheries survey program. Creel census data to determine harvest rates are particularly needed. The limited availability of fisheries data for Lake Minnetonka is a serious problem. LONG -TER.M ENVIRONMENTAL PROTECTION PROGRA."t The uncontrolled use of shorelands, wetlands and fish resources adversely affects the natural environment of the lake and community; adversely affects the public health, safety and general welfare by contributing to pollution of Lake Minnetonka; adversely affects aesthetics, both from the shore and from the lake; and impairs the local tax base. The Natural Environmental Protection Plan is intended to preserve and enhance the quality of surface waters; preserve and enhance aesthetics for shoreland residents and users of the water surface; conserve the economic and natural environmental values of shorelands; and provide for the wise use of water and related land resources of the lake. Therefore, the IMCD shall use its regulatory authority, to the fullest extent allowed by law, to: a) mitigate, to the fullest possible extent, the degradation of the chemical and physical water quality of Lake Minnetonka and its tributaries. b) regulate the use of wetlands of Lake Minnetonka, especially in connection with navigational access to the lake. c) protect and manage wetlands within the OHW elevation contour of Lake Minnetonka for preservation of their functional values, including water quality enhancement, flood control, aesthetics, and wildlife habitat protection. d) promote a policy of protection and management of wetlands within the watershed of Lake Minnetonka, yet outside the 929.4 contour at least for water quality protection and flood control since these functions directly benefit the lake. e) encourage a more comprehensive wetland management program in those communities now having minimal protection. f) encourage projects and programs by responsible agencies to maintain and restore the ability of wetlands to provide water quality improvement, flood control, wildlife habitat and aesthetic enjoyment. g) encourage programs to control the infestation of exotic plant species in the lake and in wetlan(ls. h) encourage a scientific approach to wetland management for water quality benefits thro�igh appropriate sedimentation and detention practices. i) ar;sist the Dt:N, fisheries management program by aiding in local regulation of lake u,e and haabitat protection. j) serve as an ad:•oc,a' for the lake resoi.arce during formulation of fisheri --s pror,r.v ,. 5 `i In other aspects, PCA and Watershed District should remain the lead agencies for water quality; the DNR and Watershed District should retain the lead for managemenr and protection of wetlands in the upper basin; and . the DNR should continue the lead in managing fisheries on the lake. MANAGEMENT OBJECTIVES 1. Ensure that a comprehensive water quality monitoring program capable of diagnosing problems is conducted for Lake Minnetonka and its tributaries. The Minnehaha Creek Watershed District is currently the only government v agency that conducts routine annual water quality monitoring of Lake Minnetonka. Other agencies, including PCA, DNR, and the Metropolitan Council have occasionally monitored Lake Minnetonka water quality. The scope of the Watershed District's monitoring efforts is severely limited by financial constraints. Currently, only six bays of the lake and seven tributary streams are sampled on a semi- annual basis. Analyses are limited to only basic limnological parameters. The I.MCD shall encourage all responsible agencies, particularly the Watershed District, to expand the scope of their current water quality monitoring activities to collect data that are diagnostic of lake water quality problems. The expanded water quality monitoring program allows understanding the interacting physical, chemical and biological processes which control lake water quality. Such a program documents whether water qualit) problems, including blooms of potentially toxic algae, are developing in Lake Minnetonka. The water quality monitoring of Lake Minnetonka and its tributaries shall be overseen by a committee comprised of water quality experts and interested individuals from cooperating governmental agencies including, but not limited to, the LMCD, DNR, PCA, Metropolitan Council, Suburban Hennepin Parks, Watershed District, and Interested lakeshore communities. The LMCD shall convene the committee. 2. Maintain or restore the water quality of Lake Minnetonka to allow continued use of the lake for primary contact recreation and bass -pan sportfishing. As a preliminary goal, a mean summer total phosphorus concentration of 54 ug /l will he set. except in Halsted's Bay, Tanager Lake, and West Arm. The LMCD shall work through the Minnehaha Creek Watershed District to reduce the levels of phosphorus in the outflows from several small lakes previously impacted b •,astewater treatment plant effluents. Internal phosphorus loads derived from the sediments of Langdon Lake, French Lake, Tanager Lake, and Peavey Lake are significant s.: of phosphorus reaching Luke Minnetonka. The Watershed District plans to address these problems shall be supported by other managing entities. • 56 3. Minimize the impacts of non -point pollution on the quality of Lake Minnetonka and its tributaries, by controlling urban and agricultural stormwater runoff and erosion, and other appropriate management practices. The LMCD shall ­)rk with the Watershed District and the Board of Water and Soil Resources to require that the following occur: a. Constituent communities shall adopt the stormwater management provisions of the new Shureland Rules. b. Manage stormwater runoff according to the regional detention basin concept recommended by the U.S. EPA Nationawide Urban Runoff Program (NURP) . C. Oil -site or regional detention of stormwater runoff shall also be required for developments in any land use category, regardless of impervious surface area, if its stormwater runoff would otherwise be discharged directly to a lake or to a stream discharging to the lake without passing through an intervening wetland or properly sized regional stormwater detention basin capable of improving stormwater runoff quality. Wherever possible, stormwater dc:tentio., basins, both regional and on -site, should be constructed to NURP guidelines. d. Impervious surface coverage of lots should not exceed 25 percent of the lot area without an approvad stormwater management plan. Where detention ponds can•iot be constructed according to NURP design guidelines because of spatial constraints imposed by the site, smaller ponds in series may be used instead to control runoff water quality, provided they perform at least as well as a NURP pond. e. Performance of stormwater detention ponds shall be estimated according to the algorithm contained in PONDNET ('talker, 1989) or other comparable model. f. Permit requirements for each constructed detention pond should include a Maintenance Plan and provisions for access to perform mairitenance. Thew i`emms should be incorporated into the Section 509 Water Management Plan of ehe watershed District as requirements for modification of local ordin.—..:.,s under Minnesota Statutes 473.878, Subd. 4(g). The LMCD shall t , * ition the Witershe.d District that it modify its Rule B to specify these criteria, and that these requirements be applied to the entire Lake Minnetutika watershed, not just shorelands. The IMCD shall also encourage the Carver Soil and Water Conservation District riiid the Hennepin Conservation District to identify critical non -point solircrs of pollution from agricultural land within the Lake Minnetunl; i 4,i', orShed. The LMCD shall support the adoption of best management py ,;crices by area farmers. 1 :_ Minimize th- impacts of fertilizers and pesticides contained in watershed ruli(,ff on the quality of Izke Minnetonka. Lakeshore ;.;l i< shall adopt restrictions on the use of fertilizers and b; t},. SI;,)rcland Management Regulations of the DNR. The LMCD shall ,r rl t1 ;­;e communities to adopt comprehensive lawn 51 fertilizer ordinances and to provi0e adeg staf foc c:rtrol of both commercial applicators and hom.ec,wners. Shoreland Ordinances shall incorporate re; :irt: ;rents that bare ground areas be vegetated. and that vegetative matter not be Vlaced on ir,- .pervious surfaces or In natural drainageways s_ -ice it x-, tl urha:l good housekeeping is a significant. factor in determining phosphorus exhort from the watershed. They I-tCD shall work with he. Waters :red District and constituent commun'. ties to enforce these . ._ -e rec ;n( t:irouc,hout the Lake Minnetonka Watershed. 5. Minimize the pollutants reac'Ing Iake Minnetonka and its tributaries -.ia septic tank leachatc and re. fuer. from past treatment practices. The Shoreland Ordina tes adopted by Lhe individual cities shall include the requirements of Minnesota Rules, Chapter 7080, concerning individual sewage treatment standards. These standards are consistent with the sewage treatment provisions of the riew Shoreland Management Regulations of the DKR and the Shoreland Man.igemenr Standards ar.i Criteria contained in Appendix C. 6. Protect ret living water qual it, from the detrim,.-rit,.l effects of serious erosl.on, either during ar after construction of residential and commercial developments, and t-) e,isure that runoff from the developed site is of good quality. Erosion and sedimentation. cor.tr:)l plans, ,'-Feting the criteria established by thi Board of Water and Soil Resources, shall. be required on all levelopments in the watershed. The lokeshore communities shall require that stormwater runoff= he managed acccrdin� to mar.ag<ment uojective 3, above. The maximuir imp_ coverage shall be limlLed to 25 percent of the area. 7. Reduce the spread of noxious aquatic weeds, including Eurasian watermilfoil., and to mrinaye effectively the water quality problems their presence in Iake Mfnnetc,nka creates. The 1:1:;D shall contliiue to wore cooperatively with other resource man.,t ement al. en ies to control the spread of Eurasian warermi l foil other nox _ous aquat w -eds . 8. Minimize the ',dv(-rse water quality impacts of dredging activities on the qual of public waters:. The 1,4(:D sh ; :l l cn: � rest, Rule F, of the Watershed D�.: trict. The IMCD shall then enac,. its; :n wt ordinance in order to assure minimal disruption of tl,r';e ial rc winces. The `"1CI), nil i with t',; 1 "NR Iii isior, of Waters and the Minnehaha Creek Watersht. 1 U ;�. it t, 'il drafting; an interagr policy rcsolut.i(jn to et ;t : +hli.,ii un .:a t;.tvi ior.al ,.' access criteria for L :it.e 58 Minnetonka. A draft policy has been developed and will be discussed further with the agencies. Opportunities for public input are also being is planned. 9. Imr -ove protection of wetlands lying within the 929.4 contour of Lake Minnc nka through regulation. The LMCD shall undertake a detailed inventory of wetlands below 929.4 .,n Lake Minnetonka. The LMCD shall. then enact a wetlands ordinance which restricts the amount of dredging that may be conducted. included sho be a no- net -16ss policy. A further purpose of the ordinance is to preserve wetland values. To ensure inspection and enforcement of dredging and filling regulations governing activities within the lake, the LMCD shall encourage funding of adequate staff for inspection of permits issued by the DNic or the Watershed District. Should outside funding not be available, the LMCD shall fund such inspection and enforcement activities. Vie LMCD shall amend its regulatory programs to recognize that docks constructed across wetlands may have vi, adverse impact on the functional and aesthetic values of wetlands. In addition to its own ordinance, the LMCD shall encourage other managing entities to adopt a no- net -loss wetland policy that makes provision for variances for public purposes. 10. Encourage improvement and uniformity rf protection of wetlands above the 929.4 contour through regulation. The LMCD shall encourage all lakeshore and upper basin communities to formulate or amend their wetland ordinances as needed to include minimum performance standards, a comprehensive wetland definition and map, and provisions for mitigation of wetland degraded. The DNR Area Hydrologist should be consulted in development of the wetland ordinances. The Watersh -d District shall be encouraged to amend its rules to include the protection of Type 2, 6, 7, and 8 wetlands. In addition, the Watershed District shall be encouraged to map these wetlands and other wetland protected by the District nr to adopt the Nation:.l Wetland Inventory Maps. 11. Encourage protection of wetlands above the 929.4 contour through acquisition. The LMCD shall encourage the riparian cities of the lake to use grant programs or other means to ensure the perpetual protection of wetlands through acquisition. Further, once regional funding is forthcoming, the LMCD shall consider establishing; a fund s by tax base revenues for wetland acquistion and in addition to other existing funding sources. • NJ 12. Encourage management of wetlands for water quality improvement, flood control, wildlife habitat and aesthetics. The MCD shall encourage the Lakeshore communities and the Watershed District to install and maintain improvements to protect wetlands from in- filling by sediment and to promote nutrient removal. In addition, the MCD shall encourage the lakeshore communities and the Watershed District to adopt or amend ordinances that promote wildlife habitat values of wetlands by minimizing removal of vegetation and establishment of buffer areas. The UMCD shall encourage the control and reduction of purple loosestrife and other noxious weeds in wetlands. 13. Identify and protect fish habitat for the purpose of maintaining sustainable populations of native fish in the lake. The first step need is to identify critical habitat areas for designated targe'. fish species (e.g., largemouth bass, northern pike and bluegill). The study should use accepted standard techniques for such detailed studies. This informiation should be compiled on a map delineating critical habitat at a scale of at lea-- ::2400. Ordinances shall be adopted by the MCL) that protect the critic habitat from disruption. 14. Improve monitoring .ish populations and fish harvest rates. Montoring fish populations allows diagnoses of imbalances in fish populations and determinaLion of whether fish are being over - harvested. Accepted standard techniques shall be used for the study. Organizers of bass, walleye and muskellunge tournaments in the lake shall report the lengths and weight of individual fish caught during at least one tournament per year with greater than 100 participants. 15. Improve local regulation of fishing tournaments for the purpose of reducing mortality of fish caught and to minimize the impact of increasing fishing pressure on the resource and other users. All tournaments for bass, walleye, and muskellunge shall be catch and release, with the exception of hooking mortalities and a limited number of "trophy" fish per tournament. Participants in bass, walleye and muskellunge tournament shall be subject to rules governing transportation of fish, weigh -in procedures, and evaluation procedures prior to release. At the time the permit is issued, regulators sha]' consider individual and cumulative effects on the resource, ot.ier users and landowners. 60 0 16. Obtain additional information on the impacts of exotic plant species on fish populations and the impact of aquatic vegetation harvesting on fish populations. The LMCD shall encourage involved agencies and organizations to determine the effect of an extensive weed harvesting program on fish population, as well as determining the effect of the vegetation infestation on the fisheries. If necessary, an educational program should be implemented that would instruct anglers on effective fishing t , chniques in and around dense mats of aquatic vegetation. • 61 i VI. MANAGEMENT STRUCTURE Perspect've The management program forges a new working partnership between the municipalities, Minnehaha Creek Watershed District, Suburban Hennepin Regional Park L - strict, Hennepin County, Metropolitan Council, and the DNR. An important role of the LMCD ;gill be to keep that partnership functioning and to maintain consenLu- with respect to management priorities and programs. This management structure builds on strengths and does not create a new layer of government with the concomitant bureaucracy. An essential function of the LMCD, beyond its regulatory programs, is to assist other agencies to achieve the resources to implement their programs. The LMCD does this by being the foremost advocate for the lake, not by direct funding. In this way, traditional authorities and programs are maintained and enhanced when warranted. In the late 1970s, regional and state agencies shifted their priorities to place more emphasis on public access to the lake. That change in priorities, without concomitant modification of intergovernmental relations, institutional arrangements and funding contributed to a decline in communication, cooperation and understanding between managing entities. Locally - oriented organizations also contributed to the decline in relationships by failing to perceive the significance of the regional and state policy changes. the Metropolitan Council Task Force on Lake Minnetonka stressed the importance of changes in funding for the LMCD. Specifically, it called for making the LMCD funding completely independent of the municipal budgets. Management Areas The Long -Term Management Program for Lake Minnetonka calls for the Lake Minnetonka Conservation District (LMCD) and other managing entities to alter their management postures. In the past, managing entities, particularly the LMCD, have been active in regulation and reactive in enforcement. This Management Program requires active regulation, active management and calls for the LMCD to be a strong advocate for Lake Minnetonka programs. That requires additional funding, with a modest increase in staff. The future role for the LMCD is as much to advocate, support, and coordinate the programs of other active agencies as it is to initiate new management programs. Funding is to fall on the user to the fullest extent allowable. Legislative action will be sought to shift even more of these costs. Existing means of funding LMCD activities are to continue, but the taxes levied are to be independent of local levy limits and approvals. Added to that, the area of the tax district shall be increased to encompass all of Hennepin County. In that way, all households benefiting from lake use and lake programs will bear their fair share of the costs. The regional • 63 nature of the lake resource and its regional use requires a more equitable tax base. In the process of developing the future management structure for Lake Minnetonka, the original decision that established regional lake management was reviewed. It was agreed that the LMCD should continue to exist in order to achieve coordinated management. Division of powers, communication networks, mechanisms for coordination and cooperation were then reviewed and delineated where necessary. An analysis of exist g statutes leads to the conclusion that the legislature does not intend for lake management to be conducted by one single implementing agency. The statutes grant various units of government powers to impl ^ment lake management programs. The laws also provide for a variety of coordination and consistency mechanisms. Consequently, neither the Department of Natural Resources (DNR), the Metropolitan Council, nor individual municipalities have exclusive control over lake and lakeshore development. Proper management of Lake Minnetonka depends on a working partnership between: LMCD, Department of Natural Resources (DNR), Metropolitan Council, Hennepin County, Hennepin Conservation. District Suburban Hennepin Regional Park District, Minnehaha Creek Watershed District, and Individual municipalities. And these organizations offer much to the lake. The DNR and N.etropolitan council have regulatory programs, review authority, funding mechanisms, and technical expertise of direct benefit. The Suburban Hennepin Regional Park District is well suited to manage and develop regional recreational facilities. Hennepin County Department of Transportation has long been maintaining navigational aids on the lake. The Hennepin County Sheriff has developed a V ne Water Patrol. The municipalities and the Watershed District have authorities and control programs of great benefit to the lake. But, individually, these programs are not enough. AUT40RITY A detailed discussion of authority is contained in Appendix A. The discussion that follows focuses on funding -- the most important aspect for this part of the Management Program. Lake Minnetonka Conservation District The LMCD was established under the Laws of 1967, Chapter 907 as a:rended by Laws of 1969, Chapter 272. Section 4 of that act states: "...the expenses of the district shall be borne by the municipalities. the portion of the expenses of the district borne by each municipality shall be in proportion to its assessed valuation; provided, no municipality shall bear more than 20 percent of the total expense, and • such portion sha:l not be less than $200 per year." 64 Section 5 provides for the budgeting process. Included in that section is the following provision: The municipalities may each levy a tax not to exceed one mill on the taxable property located therein, to provide said funds. Said levy shall be within all other limitations provided by law." Lake Improvement Districts The Minnesota Lake Improvement Act (Minnesota Statutes, Chapter 378.405 ff.) provides for the formation of lake improvement districts wit)-.In one or more counties of the state. Established by the County Board(s) or the Co. :loner of the DNR, the district has powers nearly identical to the LM( 1cwever, financing the district's activities is quite different from tha the LMCD. Chapter 378.52 provides that financing may use any of the following methods. singly or in combination: "(1.- assess the costs of the projects upon benefited property within the district in the manner provided under chapter 429• (2, impose a service charge on the users of lake improvement district services within the district; (3) issue obligations as provided in section 429.091; (4) levy an ad valorem tax solely on property within the lake improvement district, to be appropriated and expended solely on projects of special benefit to the district; or (5) may impose or issue any combination of service charges, special assessments, obligations, and taxes." Subd. 2 excludes these taxes "...from statutory limitations on the amount of taxes levied and does not affect the amount or rate of taxes that may be levied for other county purposes." The budgeting process is controlled by the County Board, which controls the membership of the board of directors (Subd. 3). Comparison The LMCD legislation (1967 as amended) predates that of a county lake improvement district (1973 as amended). Examination of the two sets of authorities leads one to the conclusion that the IMCD legislation was used as the model for the later county district. The legislature used a very different mewls of funding lake improvement districts from that used for the LMCL 1.. development of the Comprehensive Management Plan for Lake Minneton, an opportune time to update LMCD funding. Without altering the fundii , available to the District, the Long -Term Management Program for Lake Minnetonka cannot be implemented. MANAGEMENT STRUC -URE PROGRAM PERSPECTIVE A primary objective of the Management Program is to determine the framework for implementation. But without a change in the way the IMCD is funded, this program cannot be implemented. When funding changes, so shall the membership of the U4CD Board. Change in the working relationships between 65 organizations is imperative. Whether accurate or not, local organizations often feel regional and state authorities act unilaterally, are sometimes arbitrary, and too often leave local interests out of the decision - making process. Agencies with regional and ;tate -wide legislative mandates Is sometimes feel that decisions too often reflect local interests at the expense of the greater regional good. This program provides the framework that establishes and maintains meaningful dialogue and communication. To the extent that this component of the program succeeds, the development of the Management Program will be a turning point in relationships between the managing entities. But t`.e close relationship between the LMCD, the cities and the Watershed District must remain and be enhanced. This Management Program relies on the individual cities and the Watershed District to adopt, enforce and otherwise implement major components of the environmental and shoreland management programs on the lake. The water quality, wetland, and aesthetic protections needed for Lake Minnetonka fall under the joint jurisdiction of the individual cities and the Watershed District. The LMCD has little authority in this area and seeks no new regulatory authority. This Program calls for an improved working relationship between the cities, the Watershed District and the LMCD. Changes in priorities by state and regional agencies in the late 1970s, coupled with the failure of local managing organizations to adjust to the demands for greater regional access to the lake created a period of decline in intergovernmental relations among managing entities on the lake. Managing entities on Lake Minnetonka face increasing demands for access to the lake in the next 25 years. The demands imposed by providing greater public access, development of the remaining open spaces around the lake, and redevelopment pressures on the remainder of the shoreline, require greater expenditure of public funds for management programs. Management of Lake Minnetonka as a regional recreation resource requires additional regional funding. Unless both the level and source of funding is changed, then access, public safety, environmental protection, shoreland management, and use management objectives presented in this program cannot be met. Growth of boating cannot be permitted without a higher level of ordinance enforcement. Existing funding of the Hennepin County Sheriff's Water Patrol may be sufficient to meet today's use levels, but expanded patrols will be needed if this Management Program is to succeed. Further, changes in state and regional priorities for access to Lake Minnetonka have strained intergovernmental relations between managing entities. That stress cannot be relieved without fundamental changes in both the level and source of funding for management activities. Those changes will have to be made by the State Legislature with the active support of the regional and state agencies. A much broader tax base is appropriate for Lake Minnetonka. The lake is truly a regional recreation resource that serves a regional population in the context used by the Metropolitan Council, the seven counties, and Suburban Hennepin Regional Park District for their regional park and open space prcgrams. 66 Lake Minnetonka attracts boaters from the seven county metropolitan area. Just like the regional parks in the seven county metropolitan area, most users come from the immediately adjacent cities and counties. Table 9 provides data on visitor origin to Lake Minnetonka. These data indicate that more than ninet percent of the users come from Hennepin County, based on the best available data on visitor origin. At the same time, approximately 61 percent of the users during the summer come from the 14 lakeshore communities. Thus, approximately 40 percent of the summer users of Lake Minnetonka reside outside of the municipal funding source of the LMCD. Since most programs of the LMCD are geared to protect the recreational resource and to keep it available to "all citizens of the state" more of the funding for the lake needs to be allocated over a greater geographic area. It is most equitable that all property in Hennepin and Carver Counties :)e subject to an extremely small tax to pay for the cost of operations on this lake. TABLE 9 Computation of Visitor Origin by Type of Access Lake Minnetonka Marinas and Yacht Clubs Access Ramps Resident Total Boats Point of Origin Boats Percent Boats Percent Boats Boats Percent Lakeshore Cities* 160 34.30 84 24.39 643 887 61.05 Second Tier Cities 169 36.10 66 19.20 0 234 16.10 Other Hennepin Co. 120 25.70 120 36.16 0 244 16.79 Total Hennepin Co. 423 90.53 262 76.47 643 1324 91.40 Other Seven County 17 3.60 54 15.74 0 71 4.89 Other Minnesota 1 .30 14 3.98 0 15 1.03 Adjacent States 0 - 2 .52 0 2 .14 Total Boats Allocated 467 100.0 343 100.0 643 1453 100.0 * Includes boats from the City of Victoria in Carver County, Source: Surveys conducted on Lake Minnetonka between 1984 and 1989. FUTURE MANAGEMENT STRUCTURE AND FUNDING Implementation of this Management Program is particularly dependent upon a close relationship between the IMCD, the 14 lakeshore cities, and the Minnehaha Creek Watershed District. Without a close, working partnership the environmental ar.o shoreland protection goals cannot be achieved. The cities and the Watershed District more than all other managing entities control day -to -day enforcement 67 and implementation of regulatory controls over development and shoreland redevelopment. Proposals to alter the 114CD Board and the method by which it is iunded need to assure continuation of those essential relationships. The LMCD has little authority in the area of shoreland and wetland protection above the 929.4 contour. It is only through understanding, cooperation and communication that Lake Minnetonka will be protected from the adverse effects of development. For these re—ns, as well as the information presented earlier in this chapter, future funding of the LMCD shall be as follows: 1. User fees shall be used to maximum possible extent. This means continuing present programs assessing fees on users. The user fee system should be expanded to include a Lake Minnetonka boat sticker (license) for each boat operated on the lake. If that is not possible, then authority for a regional license should be sought. But the Lake Minnetonka sticker is the preferred alternative. 2. The LMCD shall aggressively seek grants from regional, state and Federal agencies to fund their programs. 3. The existing tax levy should be continued, but it should be outside of the cities' tax limitations. Presently, the legislation authorizes a 1 mill levy, of which the LMCD has been utilizing only about .5 or .6 mill. 4, The tax district should be based on visitor origin, so that all households that benefit from lace programs contribute to their operation costs. This means that the area of the levy should be expanded so that revenues are split according to a formula based on visitor origin. Present visitor origin data indicated that approximately 60 percent of the revenues should be generated in the 14 lakeshore communities. Hennepin County households, exclusive of these 14 communities, should contribute the other 40 percent. The exact split could be determined by an interagency committee composed of the LMCD, Metropolitan Council and the Department of Natural Resources, using visitor origin data derived from a jointly conducted survey of boaters. The split in revenues shall be reviewed from time to tine by these agencies, with the levy adjusted (after public hearing) to reflect changes in user patterns. Carver County, because it abuts a portion of the southwestern bays of the lake, should be included in the area covered by the tax levy. However, the political battles that are likely to result from such a proposal do not seem to justify its inclusion. The additional revenues are too low; the political costs are too high. Given this funding mechanism, which requires approval by the State Legislature, the LMCD Board membership should be adjusted. Board membership should follow funding decisions: 1. As long as the 14 cities remain the sole source of tax revenues, the LMCD Board should remain as presently constituted. 2. When regional funds are provided, either by a Lake Minnetonka user fee, a regional boat license, or expansion of the area covered by the tax levy, then the State Legislature should add four new members. These members should be 68 appointee: by the Metropolitan Council, Hennepin County., Suburban Hennepin Regional Park District, and Minnelhaha Creek Watershed District. The new LMCD Directors from these four bodies shall be: a. appointed, and b. citizen volunteers comparable to those now serving on the present LMCD Board, In addition, they shall not be: a. elected public officials, or b. paid staff. It is prudent to continue to trust lake management to the same type of interestec: citizens that have served for more Char, twenty years. While there has been controversy and dispute over access to the lake, those problems are not related to the type of Director that has served on the LMCD Board. It is advantageous to continue this tradition on the LMCD Board. Participants in developing the Management Program rejected direct election of the LMCD Board for two basic reasons. First, when the LMCD was formed the State Legislature did not create a body that reported to their constituents, but created a board that would look after regional interests and approach problems from a regional perspectiv For more than 20 years voting records of individual board members have not traditionally been subjected to review by voters in the 14 communities. Changes in board membership most often reflected changes in administrations or in director willingness to serve. Appointment of directors to the I.MCD Board continues a process that hae worked well throughout its history. In addition, appointment assures the LMCD Board remains close to the 14 cities Ig that control so much of the shoreland and environmental protection programs for the lake. Without consistent and extensive cooperation by the 14 cities, the watershed district and the LMCD, the environmental goals will not be realized. This dependence on outside bodies for implementation of essential protections outweighs arguments for a broader distribution of coun'_y and regional seats on the Board. FUNDING AND MANAGEMENT STRUCTURE OBJECTIVES 1. The LMCD shall maintain its existing authority, augmented as specified in other parts of the plan. The LMCD is the agency capable of devoting the greatest focus and attention to problems and issues arising from use of the lake and its shoreline. Other organizations either have larger or smaller geographic areas of concern that dilute their focus on the entire lake. The future role of the LMCD shall be to serve as an advocate for lake programs in addition to its regulatory functions. 2. The I14CD shall be funded by a combination of user fees, new user fees, the existing tax levy, and an expanded levy district. When funding is inadequate, attention focuses on the highest priorities. For lakes and for state agencies, that means individual lakes may not receive the level of attention the agency would like. Instead, programs are established to 69 protect lakes generally; protection of individuals requites other regional or local agency action. That is the situation on Lake Minnetonka. The DNR, PCA and Watershed M District have various programs, but lack the funds or s aff to alwirys give special consideration to this lake. For dredging that means spot checks of permitted operations, responding to specific complaints and targeting problem areas or contractors. Not ali dredging operations are monitored. For water quality it means that there is not an adequate sampling program. Water quality sampling is left to the Wa�ershed District or another local agency since the PCA does not receive sufficient funds for such programs and monitoring lakes is not a high priority for the available funds. The local agencies have been no better funded. The Watershed District does not conduc- a waver quality monitoring program that provides the requisite data for modeling or for determining the long term trend in quality. The District does not maintain a staff, instead it relies on outside consultants. Funding for District regulatory activities shall be by: 1. continue user fees to maximum extent allowed by law, 2. obtain legislative approval for a Lake Minnetonka boat sticker (license) for each boat operated on the lake ar. alternatively, another innovative funding source, 3. aggressively seek ,rants from regional, state and Federal agencies, 4. the existing tax l but it shall be outside of the cities' tax limitations, and S. expand the area covered by the levy to include all of Hennepin County outside of the 14 lakeshore communities. User fees have long been an important source of revenue for lake programs. Such fees shall continue and new fees imposed that are consistent with state law. But these usei fees are not enough. Imposition of a new license, in the form of a boat sticker, to use Lake Minnetonka enjoys widespread local support. The DNR objects to such a license which is now barred by statute. New methods are needed to fund more of the programs called for in this management plan. If a boat sticker is not acceptable, then alternative in.tovative, reliable, consistent funding programs shall be identified. The DNR and the LMCD will need to work closely to develop the best legislative proposal. Certain programs for the lake (usually related to research) may be funded by regional, state or federal grants. Accordingly, the LMCD shall establish procedures 'o locate, apply for and obtain as many grants as possible. Both the previous Task Forces on Lake Minnetonka . that the existing tax levy be made independent of local levy limits. Accordingly, when the legislative package is prepared to implement components of this Managerngnt Program, one part will be to place the existing levy outside of local limitations. The expanded tax district shall be based on visitor origin, using a formula developed and approved by the LMCD, Metropolitan Council and the DNR. Jointly funded studies can be designed to provide accurate data for the split. The 70 split in revenues shall be reviewrd from time to time by these agencies, with the levy adjusted (after public hearing) to reflect changes in user patterns. Present visitor origin data indicated that approximately 60 percent of the revenues should be gene.rat, in the 14 lakeshore communities. Hennepin County households, exclusive of chase 14 cor.:nnunities, should contribute the other 40 percent. 3. The LMCD tax levy shall be excluded from statutory limitations on the amount of taxes levied by other taxation authorities. There are three reasons for making this change: 1) it is in agreement with previous Task Force Reports calling for this change, and 2) it is consistent with Chapter 378.52, Subd. 2. 3) it provides a more stable funding source that is not affected by other priorities in Hennepin County or the Cities. 4. A system of service fees shall continue to be imposed on the lake that distribute the cost of regulatory programs directly to the users. This is actually contained in Objective 2, but is included separately to assure proper weight is given this important source of revenue. The LXCD presently uses a series of service fees to fund a portion of their programs. This simply continues that practice while calling for review of the present system to assure it reflects existing cost to government. These service fees shall include, but not be limited to: 1) inspection of permits to construct in a waterway, 2) operation of shore -based facilities, including swimming beaches, 3) residential docks /moorings, 4) parking fees at ramps and parks, and 5) temporary dock inspections. 5. The Regional Park and Open Space Capital Tmprovement Program funds should be made available for implementing capital programs called for in the Long -Term Management Program and that are consistent with the Metropolitan Council's Regional Recreation Open Space Capital Improvement Program. New regional recreation facilities shall be fundr-d regionally. This makes available, subject to established priority setting, processes, regional capital improvement funds administered by the Metropolitan Council. The funds should be provided through one of the existing implementing sgencies for improvements owned and operated by that i6on( :y. 6. Managing agencies active on Lake Minnetonka shall cooperate to obtain legislative approval for a metropolitan boat lict'W;c; revenues from such a program shall be divided between part ic1patint; 1;4.0 rr, inaf;c -meat agencies. This is the first preference for additional f!.nds for 1.:4 Minnetonka programs. The emphasis shall be on innovative t chniques. The 11 CITY COUNCIL PACKET - 9 -12 -94 #4 DNR is presently opposed to special boat licenses. Perhaps that could be used to obtain another innovative method for financing local lake management activities. Such innovative methods would be test if not dependent upon State Legislature appropriations. is Current thinking around the lake favors a Lake Minnetonka boat sticker. This would allow a greater share of the management of regional recreational resources to be borne by the users. For a boat to be operated on the lake a license, in the form a of sticker, would be required. The LMCD shall work with the DNR, Metropolitan Council, Suburban Hennepin Regional Park District, other lake improvement organizations in the metropolitan area, and user groups to address the implications of a metropolitan boat license or other innovative funding mechanism on state -wide management of water resources and the impact on the existing licensing system. 7. Modify the existing membership of the LMCD Board. Legislative action shall be sought to alter the membership of the LMCD board. The future LMCD Board shall be composed of: 14 Lakeshore community seats 1 Metropolitan Council 1 Hennepin County 1 Suburban Hennepin Regional Park District 1 Minnehaha Creek Watershed District The reasons for adding four new member organizations to the LMCD Board after regional funding is obtained, include improved cooperation and coordination, recognition of the role of the lake in regional recreational use, and the county -wide funding sought under Management Objective 2 (above). As pointed out earlier in this chapter, the 14 cities, the Metropolitan Council, Hennepin County, the Suburban Hennepin Regional 'ark District and the Minnehaha Creek Watershed district all have regulator; programs that directly affect the environmental quality of the lake and it recreational use. The new board provides a forum for the 18 organizations with the greatest interest in the lake to establish and implement regulatory programs, and to better assure consistent enforcement. while these organizations have essential. regulatory programs, no formal coordination mechanism now exists. It is appropriate to use the lake management agency for such coordination. Further, Management Objective 2 (above) calls for a county -wide property tax for funding lake programs. Adding four new organizations provides for regional representation while expanding the tax base. The expanded tax base is linked with expanded regional represent -tion on the I.MCD Board. • 72 8. Provide for Staggered Terms of Directors. Presently, the three year terms provided by Section 2 of the LMCD enabling legislation all expire at the same time. In the future, the terms shall be staggered so that one -third of the terms expire each year. Assuming the 18- member board: Year 1 - 6 terms Year 2 - 6 terms Year 3 - 6 terms Should the Board be otherwise changed in size by legislation, the terms of office shall still be staggered. Specific positions shall be determined by lot. The four county and regional seats shall be similarly staggered, with no more than two turning over in any one year. This objective shall be implemented by changing the by -laws of the LMCD. 9. Bylaws for the IMCD shall be reviewed. The review shall include, at a minimum: 1. Determining the month in which election of officers should occur. 2. Formalizing procedures for nomination and election of officers. 3. Determining when newly - elected officers should be sworn in. 4. An Executive Committee, with specified powers should be formed. 10. The LHCD should enter into an interagency agreement with the DNR and the Hennepin County Attorney to provide prosecution services for citations • issued by DNR Conservation Officers. Working with the DNR, the LMCD shall seek an Attorney General's opinion as to the conditions under which the LMCD may provide prosecuting services to the DNR or the Hennepin County Attorney. If legal barriers exist, the LMCD, County Attorney and the DNR shall work to have them removed by the State Legislature. The purpose of this interagency agreement is to provide for more uniform and centralized prosecution of violations occurring on the lake. Presently, the DNR relies on the services of the County Attorney; the LMCD utilizes its own attorney for prosecution. The advantage of this would be more consistent enforcement and prosecution of offenses. Fines could be split between the LMCD and the DNR. An increase in total revenue is likely under this proposal. 11. The LMCD Shall Act as a Technical Clearinghouse for Data Concerning the Lake, Lake Use, Access and Shoreline Development. Presently, the LMCD is a repository for data concerning the lake and its use. However, since its inception, the LMCD has lacked a technical staff that could maintain an aggressive and utilitarian program. When research on lake issues has been required, it primarily relied on other government 0 agencies, private consultants or other organizations to conduct the 73 studies. It has participated in or wholly funded studies. The authority to implement this is presently adequate. However, the LMCD needs to hire professional staff, qualified in certain, high priority areas, particularly in regulation and enforcement, and in either water- oriented recreation or in limnology. 12. The LMCD Shall Continue and Shall Expand its Coordination and Review Functions. The purpose of this to unify lake programs to achieve both local and regional goals. This includes, but is not limited to, the review of state, regional, and local plans, policies and programs that affect the lake. Nominally, this has been one of the LMCD's major areas of concentration. But coordination often has been informal, lacking in definitive agreements, objectives and goals. Review of plans or proposals has beer limited by staff time. Authority need not be expanded, but the IMCD role needs to be enhanced and clarified in specific areas through interagency agreements. Again, professional staff capable of handling the work load and technical demands need to be provided. Funds to accomplish this need to be located. 13. The LMCD Shall Continue its Communication, Lobby and Public Information Activities. This simply continues the existing LMCD roles in these areas while placing increased emphasis by: a. Fostering and channelling discussions on issues affecting the lake. b. Presenting lake management issues to legislative, regional and county delegations and committees. C. Serving as a focus for public information and public involvement. d. Providing a unified approach to resource management. Several important contributions have been made over the years in providing information to t;,e public, as well as establishing and maintaining communicati -:i. Lobbying activities have been limited by staff, reliance on volunteers and budget. These roles have been filled by the LMCD, but need to be enhanced. r1 74 V11. IMPLEMENTATION 10 PERSPECTIVE The Long -Term Management Program for Lake Minnetonka provides a 25 -year guide for maintaining, and enhancing where possible, the environmental quality, recreational experience and aesthetic quality of the lake. But the Program cannot be implemented unless users benefiting from the lake provide substantial new funds. Presently the management entities maintain active regulatory and reactive enforcement postures. The overall objective of this program is to be active in both regulation and enforcement, and to develop the LMCD into a strong and consistent advocate for Lake Minnetonka programs in all involved organizations. Implementation of this Management Program requires a new level of courage. If the environmental quality and user experience on the lake is to be protected, difficult decisions will have to be made by all managing entities. Decisions that limit certain types of access and to impose necessary environmental controls on intensive development will not be popular. In the first years following adoption of this Management Program, the LMCD will need to provide the lead in these difficult decisions. Without that, other managing entities are more likely to avoid their difficult decisions. Development of The Implementation Program assumes that significant new funds will not be available until at least the third year after adoption. Therefore, activities by the LMCD are planned to increase through time, reaching a peak after the first three years following adoption. Implementation is limited by the available finances, staff and resources of the LMCD as presently configured. When the legislative program is achieved, significant new funds will be available. At that point, the LMCD Board needs to change the fundamental way that it operates. Presently, Directors, when meeting in committees, perform functions normally reserved for professional staff. With the limited available funds, the LMCD has no other option. But when funds are available, then the LMCD Board may decrease its staff function and rely on hired professional staff. At that point, the LMCD Board will set policy and act on professional staff recommendations. The ensuing Implementation Program classifies management objectives into four areas: Legislative Program Research Program Regulatory Program Intergovernmental Coordination Program Further, the timing of the action by the managing entities is divided into six categories: General Objectives Year One Activities Year Two Activities Year Three Activities Periodic Activities . Density•73sed Activities 75 General activities refer to management objectives that influence the way the LMCD and other agencies conduct their business. Sometimes, only the emphasis of existing programs need change rather than introduction of new programs. The programs for Years One through Three reflect the staff and funding limitations of the present LMCD. Periodic objectives are recurring research studies. Density -based activities are triggered by the number of acres per boat during peak periods. GENERAL ACTIVITIES The following general objectives either re- confirm or re- orient existing programs of managing entities. At times the LMCD is to take action exclusively. At other times the LMCD is to work with agencies to assure that their programs reflect the best interest of the lake. In the latter case, the LMCD will not administer the program, but will advocate adoption and monitor performance. Regulatory Program 1. Maintain the existing LMCD authority. 2. Develop and manage access to, and use of, the lake through ordinance and regulation. 3. Continue to impose service fees. 4. Manage recreational boating access on Lake Minnetonka based on acres per boat. 5. Establish a policy that recognizes the need for 700 car /trailer spaces at formal parking lots in the vicinity of major access points which: • 1) utilize remote parking; 2) facilitate handicapped access; 3) minimize on- street parking, lake frontage, water quality effects, and aesthetic intrusions; and 4) minimize local and neighborhood traffic disruptions. 6. Provide remote parking and shuttles as appropriate at access points. 7. Use existing LMCD authority to regulate parking, hard cover and sanitary facilities during implementation of the multiple dock licensing program. These seven action items shall be implemented within three months of adoption of the Long -Term Management Program. Intergovernmental Coordination Program 1. Enhance communication, lobby and public information activities. 2. Enhance coordination and review functions. 3. Act as a technical clearinghouse for data concerning the lake, lake use, access and shoreline development. 4. Develop anchorabe opportunities, particularly through public acquisition of riparian property. 5. Encourage coordinated development, management, policing and regional funding of all public lands of regional attraction. 76 i 6. Encourage development of scenic lookouts around the lake. 7. Take an active role in the development of plans for any public shoreline recreational facility that is potentially of regional significance. 8. Maintain the LMCD policy of not owning or operating shoreline recreational facilities. 9. Continue to fL cooperation and facilitate coordination for better located and developed on -shore recreational opportunities. 10. Encourage regional funding of water- oriented shoreline recreational facilities serving a regional population. 11. Support enhancement of shoreline recreational opportunities serving the regional population. 12. Encourage transportation agencies to continue to provide ring routes to divert commuter and commercial traffic from shorelands. 13. Work to incorporate recreational access to Lake Minnetonka in future public transit alternatives. 14. Encourage use of regional park and open space Capital Improvement Program funds for implementing capital programs on the lake. 15. Increase Water Patrol hours spent on Lake Minnetonka. 16. Improve noise enforcement on the lake. 17. Encourage owning municipalities to continue to operate, maintain and police shoreline neighborhood parks. 18. Enhance communication between all law enforcement agencies on and near the lake. 19. Work with the Hennepin County Sheriff's Water Patrol for a consistent and stable state and county funding procedure. 20. Ensure that a comprehensive water quality monitoring program is conducted for Lake Minnetonka and its tributaries. 21. Protect water quality to allow continued use of the lake for primary contact recreation and bass -pan sportfishing. 22. Protect the water quality of lake Minnetonka by controlling: a) non -point pollution, b) fertilizers and pesticides, c) septic tank leachate and residues from past treatment practices, d) erosion, either during or alter construction of residential and commercial developments, and e) runoff from the developed sites. 23. Reduce the spread of noxious aquatic weeds, including Eurasian watermilfoil, and to manage effectively the water quality problems their presence in Lake Minnetonka treat.;. 24. Encourage management of wetlands for water quality improvement, flood control, wildlife habitat and aesthetics. 25. Encourage improvement and uniformity of protection of wetlands above the 929.4 contour through regulation and acquisition. For the first three years, the LMCD Directors will need to set priorities and concentrate on the most important. But at the end of three years all of these should be incorporated into the LMCD Code or into its lobbying and coordination programs. • 77 YEAR ONE ACTIVITIES Legislative Program 10 Implementation of the Long -Term Management Program for Lake Minnetonka begins with the formulation of a program for changing the LMCD enabling legislation. The Long -Term Management Program cannot be implemented unless the Minnesota State Legislature changes the way the District is funded and organized. Therefore, immediately upon adoption of the Long -Term Program, the I14CD shall embark on a program to obtain the following changes in its enabling legislation: 1. Expand the tax base of the LMCD. 2. Exclude the LMCD tax levy from statutory limitations placed on other taxation authorities. 3. Obtain authority for a boat sticker or other innovative funding. 4. Modify the membership of the LMCD Board when regional funding is forthcoming. 5. Stagger the terms of Directors. The LMCD shall initiate implementation of this legislative program within two months of adoption. The legislative changes should be completed within the first biennium following adoption. In obtaining the changes, the LMCD shall first meet with their legislative delegation, then obtain the support of other managing entities, particularly the DNR, Metropolitan Council, Hennepin County and the Suburban Hennepin Regional Park District. Follow -up coordination and lobbying shall receive high priority until the legislative package is passed. Research Program 0 During the first year following adoption, the LMCD shall undertake four studies. It is anticipated that the District can complete the following using existirg Board and staff resources: 1. Develop a plan for managing excursion boat docking and parking. 2. Refine the established program of imposing limits on the use of bays with the greatest use density. The District will need outside assistance to complete these studies: 3. Develop an action program using comprehensive ordinances, including zoning, to implement access controls. 4. Inventory and improve protection of wetlands lying within the 929.4 contour of Lake Minnetonka through regulation. Each of these involve either obtaining or setting aside funds for the study, developing the Scope of Work, making staff assignments or hiring consultants, and monitoring progress of the study. In order to undertake research projects for subsequent years, the LMCD shall explore funding options and seek regional, state or Federal funds for undertaking. 1. Fishing access plan. 2. Launched boat access plan. 78 Regulatory Program In addition to implementing management objectives affecting managing entities regulatory policies, the LMCD needs to act on ten specific management objectives in the first year. 1. Initiate a program that recognizes there ultimately will be 350 additional (to 7C0) car /trailer parking spaces for public and private access ramps. 2. Further restrict conversion of marina docks to condominium docks by eliminating grandfathering at such facilities. 3. Establish and enforce to the greatest extent allowed under law a policy of no further use of outlots for non - riparian landowner access on lands previously developed. 4. Assure licensed marinas remain available to all citizens of the state. 5. Additional special density permits at municipal or homeowner association licensed docks shall be banned. 6. Review the rules governing individual riparian storage of boats. 7. Restrict use of and /or license operators of personal watercraft sailboards, and hovercraft. 8. Designate anchorages on the lake with appropriate restrictions. 9. Limit the use of personal watercraft by ordinance. 10. Improve local regulation of fishing tournaments for the purpose of reducing mortality of fish caught and to minimize the impact of increasing fishing pressure on the resource and other users. Intergovernmental Coordination Program • Intergovernmental coordination and cooperation activities focus in six areas during the first year following adoption. Coordination activities need to be with the Minnehaha Creek Watershed District, appropriate State review agencies, Water Patrol and law enforcement agencies, and local communities. 1. Encourage and enhance local government efforts to adopt shoreland management rules and regulations that meet the standards and criteria that are contained in Appendix C. 2. Coordinate development and implementation of an aggressive boater education program in Hennepin County. 3. Work with the Watershed District and appropriate state boards to assure that the Watershed District 509 Plan conforms to the goals and objectives contained in this management program. a. Assure the 509 Plan is consistent with the Shoreland Management Minimum Standards and Criteria. b. Ensure that a comprehensive water quality monitoring program capable of diagnosing problems is conducted for Lake Minnetonka and its tributaries. c. Minimize the impacts of non -point pollution on the quality of Lake Minnetonka and its tributaries, by controlling urban and agricultural stormwater runoff and erosian, and other appropriate management practices. d. Minimize the impacts of Fertilizers and pestici(!os contained in watershed runoff on the quality of Lake Minnetonka. e. Minimize the pollutants reaching Lake Minnetonka and its tributaries v!a septic tank leachate and residues from past treatment practices. 79 f. Protect the lake from the detrimental effects of construction. g. Maintain or restore the water quality of Lake Hirnetonka to allow continued use of the lake for primary cont•ict recreation • and bass -pan sportfishing. h. Encourage management of wetlands for water quality improvement, flood control, wildlife habitat and aesthetics. i. Encourage improvement and uniformity of protection of wetlands above the 929.4 contour through regulation. J. Encourage protection of wetlands above the 929.4 contour through acquisition. k. Reduce the spread of noxious aquatic weeds, including Eurasian watermilfofi, and to manage effectively the water quality problems their presence in Lake Minnetonka creates. 4. Improve coordination of special events on the lake with other responsible organizations and law enforcement agencies. 5. The LMCD, the Sheriff's Water Patrol and other involved Public Safety Departments shall hold semi- annual meetings to discuss priorities for enforcement of summer and winter rules on the lake 6. To reduce the aesthetic impact of high -rise develeiment, the LHCD shall encourage governing councils of nearby communities to exhibit restraint in approving variances and conditional use permits for buildings that will be visible from the lake's surface and shoreline. YEAR TWO ACTIVITIES Research Program Six studies shall be conducted and completed during the second year after • implementation. Three of the studies can be completed by available resources of the LMCD; three require the assistance of recreation professionals. Studies implemented by the LMCD available resources include: 1. Develop a program for implementing Density 7.0 restrictions. 2. Study means of limiting boat wakes. 3. Review the Bylaws 3f the LMCD. Outside agency or consultant assistance is required to complete these studies: 1. Develop a launched boat access p',an, including siting and funding, in cooperation with the mimbers of the Metropolitan Access Committee. 2. Develop a plan for providing further beaching/rafting areas. 3. A plan for fishing access shall be developed for the lake using fishing piers and provision for formal parking areas. Intergovernmental Coordination Program 1. Subject to legal review, the 121CD should enter into an agreement with the DNR and Hennepin County to provide prosecution services for citations issued by DNR Conservation Officers. 2. Improve regulation of ice houses. 3. The LMCD shall coordinate placement and servicing of adequate trash containers at all summer and winter access points on the lake thin are used by vehicles. • 80 YEAR THREE ACTIVITIES • Legislative Program 1. Coordinate a legislative program to obtain state boat operator licensing. 2. Managing agencies active on Lake Minnetonka shall cooperate to obtain legislative approval for a lake or metropolitan boat license, or obtain alternative innovative funding sources. Research Program In the third year after implementation, the LiCD shall conduct five additional studies. 1. Develop regulations for multiple docks under high, normal and low water conditions. 2. Assure that fish habitat is identified, mapped and protected. 3. Obtain funding for research the impacts -A exotic plant species on fish populations and the impact of aqua' =ic vegetation harvesting on fish populations. 4. Identify, map and optimize winter access to the lake. S. Work with the Gray Freshwater Institute to determine the status of exotic species in the lake and in its wetlands. Regulatory Program 1. Develop a county -wide boating education program. 2. The LMCD shall work with the Hennepin County court system to require persons convicted of major infractions and repeat offenders to complete a boating safety course. 4. The LMCD shall develop the staff and procedures to review and comment on the following variance applications in all fourteen communities: a) building height variances anywhere in lakeshore communities, and b) all variances for riparian parcels on Lake Minnetonka. Intergovernmental Coordination Program 1. Minimize the adverse water quality impacts of dredging activities, either in -lake or within wetlands, on the quality of public Waters. 2. Managing entities shall encourage further public development and appropriate acquisition on Big Island. PERIODIC ACTIVITIES Research Program Two on -going research projects shall be conducted by regional and state agencies. The first should be conducted every two years. The second every five years. • 1. Conduct routine recreational use monitoring. 2. Monitoring of fish populations and fish harvest rates. 81 The Merropolit:an Council Task Force recommended that routine recreational monitoring should be regionally funded. The DNR, Metropolitan Council, Suburban liennepin Parks, and the IMCD shall be the primary participants. . As part of the first recreation monitoring study, the DNR's offer for assist:nR in a study of crowding shall he accepted. Fish population studies shall be conductel by the DNR in accordance with their existing policy. Funding shall be by :.he State as part of their on -going fisheries research study. The LMCD shall conduct such studies only if the state consistently is unable to provide adequate monitoring. Regulatory Program 1. Review buffer zones and use regulations at least every two years. 2. Review speed limits and quiet water areas on the lake, summer and winter, at least every two years. DENSITY -BASED ACTIVITIES Research Program When density reaches 7.0, 6.0 and 5.0 boats per (usable) acre, the following study will be incorporated into the routine recreational monitoring study: 1. Study conflicts on the lake. Regulatory Program Density 7.0 1. Fir municipal access at existing levels. 2. Link furtht- access growth in any form with increased law enforcement presence on the lake. 3. Determine the source of the growth in density, then impose restrictions to slow growth of the forms of access responsible for the growth. 4. r•2termine if more restrictive frontage -foot rules (1:50 and 1:10) are needed. 5. Review the need for lowering the speed limit, day and night. 6. Review use and storage densities of individual bays for further regulation. 7. To the fullest extent of the law, require a certificate from an approved boater education course to operate a boat on the lake. 8. Restrict ultralight take -off and landings from 9:00 am to 6:00 pm on weekends and holidays. 9. Review the maximum boat 'Length For private watercraft and excursion boats. Density 6.0 1. Link further access growth to development of anchorage opportunities at a ratio of one additional access unit to two anchorage units. 2. Initiate a program to reduce and ultimately eliminate grandfatherir.g at municipal and homeowner associations dicks. 3. Review the frontage -foot rules to determine if a more restrictive one • is needed. 82 4. Review the rules governing riparian storage of boats. 5. Impose use restrictions between 10:00 am and 6:00 pm on weekends and • holidays. Density 5.0 1. Continue to develop anchorage opportunities. particularly through public acquisition of riparian property. 2. Further restrict resident riparian storage. 3. Review the frontage -foot rules. 4. Impose a policy of no growth on all forms of access. 5. Eliminate grandfathering at all forms of wet storage on the lake. LONG -TERM MONITORING PROGRAM The Long -Term Monitoring Program associated with this Management Program is published as a separate document. The progress for each management activity shall be monitored by the LMCD staff. Annual reports on progress shall be prepared for distribution to managing entities. • • 83 • • r� U VIII. PARTIAL LIST OF REFERENCES REVIEWED is Absher, James D., and Robert G. Lee, 1981: Density as an Incomplete Cause of Crowding. Leisure Sciences vol. 4 :3, pp. 231 -248. Anderson, Dorothy H., Earl C. Leatherberry, and David W. Lime, 1978: An annotated Bibliography on River Recreation. North Central Experiment Station. U.S. Forest Service. 62 pp. Arndorfer, David J., 1988: Winter Use of Lake Minnetonka, Interim Report. Unpublished. , 1986: Scnpe of Work: Management Plan for Lake Minnetonka. Lake Minnetonka Conservation District. Baldwin, Sara B.. and Gary E. Machlis, 1986: Visitor Mapping: Human Ecological Information and Park Management. Borawa, J.C., J.H. Kerby, M.T. Huish, and A.W. Mullis, 1978. Currituck Sound fish populations before and after infestation by Eurasian water - milfoil. Proc. Ann. Conf. S.E. Assoc. Fish & Wildlife Agencies. 32 :520 -528. Bultena, Gordon, Donald Field, Peter Womble and Don Albrecht, 1981: Closing the Gates: A Stsidy of Backcountry Use - Limitation at Mount McKinley National Park. Leisure Sciences vol. 4:3, pp. 249 =268. ' and Donald R. Field, 1980: Structural Effects of National Parkgoing. Leisure Sciences vol. 3:3, pp. 221 -240. 1978: Visitors to National Parks: A Test of the Elitism Argument. Leisure Sciences vol. 1:4, pp. 395 -409. Burch Jr., William R.. 1981: The Ecology of Metaphor -- Spacing Regularities for Humans and Other Primates in Urban and Wildland Habitats. Leisure Sciences vol. 4:3, pp. 213 -230. Burke D.G., E.J. Meyers, R.W. Tiner, and H. Groman. 1988: Protecting nontidal wetlands. American Planning Association. Report No. 412/413. 76 pp. Citizens League, 1989: Losing Lakes: Enjoyment of a Unique Metropolitan Resource is Threatened. 30 pp.. City of Madison, 1986: Inventory of Existing Recreational Facilities on the Yahara River Chain of Lakes. Department of Public Works, Parks Division. Madison, Wisconsin. City of St. Paul, Undated: Saint Paul Riverfront Iniiative. Department of Planning and Economic Development. Cochran, William G. and Cox, Gertrude M., 1958: Experimental Designs Second Edition. John Wiley and Sons. Cordell, Harold K., 1976: The State -of- the -Art in Developing and Operating Intensive -Use Natural Resource Recreation Sites. Council of Planning Librarians. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979: Classification of wetlands and deepwater habitats of the United States. U.S. Fish and Wildlife Service. FWS /OBS- 79/31. 103 pp. Dawson, Chad P., Daniel J. Decker, David W. Lime, and Richard C. Knopf, 1981: Characterisitics and Management Preferences of 1979 Summer River Recreationists on the Upper Delaware River. Cornell University Agricultural Experiment Station. Ithaca, New York. 31 pp. 85 • 1972 - The LMCD Code Is adopted. Dillman, Don A., 1978: Mail and Telephone Surveys John Wiley and Sons. Driscoll, E.D., D. DiToro, D. Gaboury, and P. Shelley. 1986. Methodology for analysis of detention basins for control of urban runoff quality. EPA 440/5/87 -001. Driver, B.L. and R. C. Knopf, 1976: Temporary Escape: One Product of Sport Fisheries Management. Fisheri 1(2):21, pp. 24 -29. , and John R. Bassett, 1975: Defining Conflicts Among River Users: A Case Study of Michigan's Au Sable River. Naturalist 26:1, pp. 19 -23. Ebbers, M.A., 1987: Vital statistics of a largemouth bass population in Minnesota from electrofishing and angler - supplied data. North American Journal of Fisheries Management 7:252 -259. Echelberger, Herbert E., Donna Gilroy, and George Moeller, 1983: Recreation Research Publications Bibliography 1961 -1982. U.S. Forest Service. Field, Donald R. and Joseph T. O'Leary, 1973: Sn ^ial Groups as a Basis for Assessing Participation in Selected Water Ac Avities. Journal of Leisure Research 5 (Spring), pp 16 -25. , and Darryll R. Johnson, 1983: The Interactive Process of Applied Research: A Partnership Between Scientists and Park Resource Managers. Journal of the Park and Recreation Administration vol. 1:4, pp. 18 -27. , Martha E. Lee, and Kristen Martinson, 1985: Human Behavior and Recreation Habitats: Conceptual Issues. In First North American Ripairan Conference. 16 pp. , and Neil H. Cheek, Jr., 1974: A Basis foi Assessing Differential Participation in Water -Based Recreation. Water R esources Bulletin vol. 10:6, pp. 1218 -1227. resta, Ronald A., 1984: America's National Parks and Their Keepers Resources for the Future. Freshwater Foundation, 1985: A Citizen's Guide to Lake Protection. , 1986: Water Values and Markets: Emerging Management Tools. Geneva Lake Environmental Agency 1985: A Water Quality Management Plan for Geneva Lake. Wisconsin. GREAT I, 198C: A Study of the Upper Mississippi River. Nine volumes. Heberlein, Thomas A., 1977: Density, Crowding, and Satisfaction: Sociological Studies for Determining Carrying Capacities. In Proceedings: River Recreation Management and Research Symposium. U.S. Forest Service, General Technical Report NC -28, pp. 67 -76. Hickok, E.A. and Associates. 1987: Water Resources Management Plan. Minnehaha Creek Watershed District. DRAFT. Septemt,er 1987. Johnson, Darryll and Donald R. Field, 1981: Applied and Basic Social Research: A Difference in Social Context. I_,eisure Sc vol. 4:3, pp. 269 -280. Keast, A., 1984: The introduced aquatic macrophyte, Myriophylium spicatum, as habitat for fish and their invertebrate prey. Canadian Journal of ZooloZy. 62:1289 -1303. Kusler, J.A 1983: Our national wetland heritage: A protection guidebook. The Environmental Law Institute. Washington, D.C. 167 pp. Knopf, Richard C., and David W. Lime, 1984: A Recreation Manager's Guide to Understanding River Use and Users. U.S. Forest Service. 8(> Lake Minnetonka Conservation District, 1972: Recreation Policy. 1972: Storm Water Run -Off and Shoreland Guidelines Policy . Statement. 1973: Boat Density Policy Statement. 1974: Report of the "1999" Conference. 1979: A Comprehensive Lake Management Plan- Program for Lake Minnetonka. 1980: Lake Dredging Policy. 1982: Lake Management Program Priorities. 1985: Summary of Planning Conference, November 15 -16, 1985. 1986: Boating on Lake Minnetonka in 1986. Biocentric, Inc. 1988: Boating on Lake Minnetonka in 1987. Biocentric, Inc. 1988: Draft Standard Slip Size Policy. 1989: Code of Ordinances. Lake Minnetonka Task Force, 1983: Report of the Lake Minnetonka Task Force. Leatherman, Stephen P., Paul J. Godfrey, and P.A. Buckley, 1978: Management Strategies for National Seashores. In Proceedings of the Symposium on Technical, Environmental, Socioeconomic and Regulatory Aspects of Coastal Zone Planning and Mangement. San Francisco, pp. 322 -337. Lime, David, 1976: Principles of Recreation Carrying Capacity. I Proceedings of the Southern States Recreation Research Applications Workshop. Asheville, North Carolina. and George H. Stankey: Carrying Capacity: Maintaining Outdoor Recreation Quality. RWU -1903 Pub. #06, pp. 174 -184. Machlis, Gary E., Field,.Donald R., and Campbell, Fred, 1981: The Human Ecology of Parks. Leisure Sciences vol. 4:3, pp. 195 -212. . Manfredo, Michael J., B.L. Driver, and Perry J. Brown, 1983: A Test of Concepts Inherent in Experience Based Setting Management for Outdoor Recreation Areas. Journal of Leisure Research 15:3, pp. 263 -183. Manning, Robert E., 1986: Studies in Outdoor Recreation. Oregon State University Press. Martinson, K.S., and D.R. Field, 1985: People, Human Behavior and Water -Based Recreation: A Working Bibliography. Oregon State University, 46 pp. Metropolitan Access Committee, 1979. A Cooperative Program for Providing Public Access Sites on Metropolitan Area Lakes. Metropolitan Council, 1975: Recommendations for Critical Area Designation of the Mississippi River Corridor. St. Paul, Minnesota. 84 pp. 1984: Community Profiles: Housing, Population and Households. St. Paul, Minnesota. , 1985: Per Capita Income, 1979 and 1985, Twin Cities Metropolitan Area. St. Pail, Minnesota. , 1986: Report to the Metropolitan Council, Metropolitan Council's Task Force on Lake Minnetonka. 1988: Employment Trends in the Twin Cities Metropolitan Area, 1980 -1987. Publication No. 620 -89 -044. St. Paul, Minnesota. _ 1988: Population and Housing Estimates. St. Paul, Minnesota. 87 1981 - The last waste treatment plant discharge is diverted from the Lake Minnetonka basin. Metropolitan Waste Control Commission, 1977: Baseline Environmental Inventory: Twin Cities Metropolitan Area. 1977. 201 Facility Study. St. Paul, Minnesota. . Mikol, G.F., 1985: Effects of harvesting on aquatic vegetation and juvenile fish populations at Saratoga Lake, New York. Journal of uat c Plant Management 23:59 -63. Minnehaha Creek Watershed District, 1987: Draft Water Resources Management Plan. Eugene A. Hickok and Associates. 1987. Wayzata, Minnesota. 1969: Overall Plan for Water Management. 1986: Rules. Minnesota Board of Water and Soil Resources. 1988: Nonregulatory wetland protectin- options. St. Paul, MN, 17 pp. Minnesota Depi.•-ment of Natural Resources, 1970. Fisheries lake survey. Unpublished. 1977. Fisheries lake survey. Unpublished. 1978. A creel census of Lake Minnetonka from May 17 to October 19, 1975. Metro Fisheries Regional Report No. 2 (Fish Management Report No. 2). �9 pages. , 1979: A Management Plan for Afton State Park. St. Paul, Minnesota. , 1981: A Management Plan for William 0'E ien State F K. St. Paul, Minnesota. 1982: Draft Minnesota Water Surface Use Restriction Summary. 1982. Fisheries lake survey. Unpublished. 1983: Minnesota Water Surface Use Statutes and Rules. 1984: An Evaluation of Water Surface Use of Lakes in the Metropolitan Area. 1984. Lake management plan. Unpublished. 1985: An Evaluation of Water Surface Use of Lakes in Central Minnesota. St. Paul, Minnesota. , 1987: A Selective Look at Boating Patterns and Boater Attitudes in Three Minnesota Lake Regions. 1987: Boating Patterns on the Lower St. Croix River. 1987. Fisheries lake survey. Unpublished. 1987: Lake Development. Undated: Metro Area Rivers Guide. Minnesota Pollution Cor. rol Agency, 1971: A Program for Preserving the Quality of Lake Minnetonka. , 1988: Minnesota Lake Water Quality Assessment Report. Minnesota Pollution Control Agency. Program Development Section, Division of Water Quality. Minnesota Rules, 1987. Volumes 4 and 6. Minnesota Rules, 1988 Supplements. Minnesota State Planning Agency, 1984: Land use data base from 1984 aerial photographs. Land Management Information Center, Minnesota Statutes, 1988. 10 volumes. Minnesota Statutes, 1989 Supplements. National Park Service, 1976: Final Master Plan, St. uroix National Scenic Riverway. Minnesota and Wi-consin. 1981: General Management Plan, Pictured Rocks National Lakeshore. Michigan. National Recreation and Park Association, 1975: Park Planning Guidelines. 88 0 Nordstrom, Karl F. and Norbert P. Psuty, 1980: Dune District Management: A Framework for Shorefront Protection and Land Use Control. Coastal • Zore Management Journal, vol. 7:1. pp. 1 -23. Ohmann, Lewis F., 1974: Ecological Carrying Capacity. _i Outdoor Recreation Research: Applying the Results. pp. 24 -28. Peterson, George L. and David W. Lime, 1979: People and Their Behavior: A Challenge for Recreation Management. Journal of Forestry, vol. 77:6, pp. 343 -346. Philley, M. Peter, and Stephen F. McCool, 1981: Law Enforcement i.l the National Park System: Perceptions and Practices. Leisure Sciences vol. 4 :3, pp. 355 -372. Runte, Alfred, 1979: National Parks: The American Experience University of Nebraska Press. Sather, J.H. and R.D. Smith. 1984: An overview of major wetland functions. U.S. Fish and Wildlife Service. FWS /OBS- 84/18. 68 pp. Seltzer, E.H. and R.E. Steinberg. 1987: Wetlands and private development. Columbia Journal of Environmental Law, vol. 12, No. 2, pages 159 -201. Shaw, S.P. and C.G. Fredine. 1971: Wetlands of the United States: Their extent and their value to waterfowl and other wildlife. U.S. Fish and Wildlife Service. Circular 39. 67 pp. Shelby. Bo, 1981: Research, Politics, and Resource Management Decisions: A Case Study of River Research in the Grand Canyon. Leisure Sciences vol. 4:3, pp. 281 -296. Snedecor, George W. and Cochran, William G., 1967: Statistical Methods Sixth Edition. Iowa State University Press. SPSS, Inc., 1987: SPSS /PC+ User Manual. Chicago, Illinois. Stankey, George H. and Stephen F. McCool, 1984: Proceedings - Symposium on • Recreation Choice Behavior. U.S. Forest Service. Task Force for the Future of the Lake George Park, 1985: The Plan for the Future of the Lake George Park. Tiner, R.W. 1984: Wetlands of the United States: Current status and recent trends. U.S. Fish and Wildlife Service. U.S. Gov't. Printing Office, Washington, D.C. 59 pp. U.S. Army Corps of Engineers, 1978: Water - Oriented Recreational Demand and Projections: Calculations for Western Lake Superior. St. Paul District. 1982: Wisconsin River at Portage, Wisconsin Institutional Analysis. St. Paul District. 1987: Corps of Engineers Wetlands Delineation Manual. Department of the Army. Technical Report Y -87 -1. 100 pp. U.S. Coast Guard, 1981: Results of the Effectiveness Assessment of Boat Traffic Management Techniques for Recreational Waters. Boston Operations, Randolph, Massachusetts. U.S. Fish and Wildlife Service, 1980. Habitat Evaluation Procedures. Washington, D.C. 1984: Comprehensive Plan Minnesota Valley National Wildlife Refuge, Recreation Area and State Trail. With the Minnesota Department of Natural Resources. 89 1988 - The "Long -Term Management Program for Lake Minnetonka" is undertaken by local, regional and state organizations. U.S. Water Resources Council, 1983: Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies. Department of the Interior. • Van Wagtendonk, Jan W., 1981: The Effect of Use Limits on Backcountry Visitation Trends in Yosemite National Park. Leisure Sciences, vol. 4:3, pp. 311 -324. Walker, W.W. 1989. PONDNET.WK1 - Flow and Phosphorus Routing in Pond Networks. Program Documentation. Version 2.1 - March 1989. William W. Walker, Environmental Engineer. Wentz, A.W. Undated: Wetlands values and management. U.S. Fish and Wildlife Service. Washington, D.C. Weston, Roy F., Inc., 1981: Recreational Boating Use Patterns During 1981, Lower Saint Croix National Scenic Riverway. • 90 0 • LONG -TERM MANAGEMENT PROGRAM FOR LAKE MINNETONKA • APPENDICES APPENDIX A. AUTHORITY APPENDIX B. DEFINITIONS APPENDIX C. LAKE MINNETONKA SHORELAND STANDARDS AND CRITERIA 40 A. AUTHORITY 0 PERSPECTIVE Review of Minnesota statutes indicates that the legislature intends for lake management in Minnesota, and specifically for Lake Minnetonka, to be a partnership between various institutions with individual legaslative mandates. Individual state and regional agencies as well as municipalities have overlapping and soeetimes distinct authority over the lake and its shoreline. Lake Management Districts, whether under the LMCD statutes or under the powers of counties, are obvious mechanisms provided to establish that partnership. LAKE MINNETONKA CONSERVATION DISTRICT The Lake Minnetonka Conservation District (LMCD) was formed by the Laws of 1967, Chapter 907 as amended. The district has extensive authority that includes zoning of the lake to control activities and types of watercraft, water surface use of the lake (comparable to land use zoning on land), own real estate and property, as well as to develop a plan for the lake. With respect to lake use and lake access. Section 3 of that legislation gives the LMCD rather broad powers to: 1, regulate the types of boats permitted to use the lake (3.a.1) 2. set service fees (3.a.2) 3. regulate, maintain and police public beaches, public docks and other public facilities for access to the lake within the municipalities (3.b.1) 2) provided that any municipality by ordinance duly adopted within one year thereafter and specifically referring to such action may supersede the same within such municipality (3.b.2). (NOTE: We have not yet found evidence that any community took action on this provision within one year). •. limit the use of the lake at various times (3.c.1), and various parts of the lake (3.c.2). S. regulate the speed of boats or. the lake (3.d.1), and the conduct of other activities on the lake (3.d.2). 6. regulate construction, installation and maintenance of permanent and temporary docks and moorings consistent with federal and state law (3.f). 7. reguldte de -icing systems (3.g.1) S. regulate commercial marinas and their related facilities, including parking and sanitation (3.h) 9. to undertake research to determine the condition and development of the lake and the water entering it (3.j). Section 3, V re, empowers the LMCD to limit activities and types of watercraft that may enter end use the lake. hese limits may include a. restricting the use of certain types of boats, or banning their use, b. impose temporal zoning, e.g., limiting use and certain activities to specific times of day or times of year, c. set speed limits d. ^ ;ontrol special events Similarly, the UICD legislation includes the power over public beache, and other puhlic facilities for access to the lake within municipalities. This power, however, has never been exercises. Further, the tiltV has the authority to regulate ducks on the lake including cocrrr :ercial, m homeow, :er associations and private ripari. docks. Whon this is cn•,;pled with the generaL auth ^rity over use of the lake, it means that the ildCD can ..one the s.;rfaca of the lake in the sac.q way LY,aC a munlcipalit) may conduct land use Zoning, A-1 Section 3.j. establishes the authority of the LMCD to prepare the Management Plan for the lake. Other sections of the underlying legislation permits the district to hold real and personal property for its purposes and the power to enter into contracts (Section 6). Section 13, subd. 1 establistes the power to adopt rules and regulations to effectuate the purposes of its establishment and the Dowers granted to the district. Consequently, there are few restrictions on the LNCD's authority to impose restrictions on the use of, or access to, the lake. However. there are other parallel authorities; the LMCD is not the only other agency empowered to be active on the lake in these areas. MINNEHAHA CREEK WATERSHED DISTRICT Watershed Districts are established under Minnesota Statutes, Chapter 112. Lake Minnetonka comprises a part of the Minnehaha Creek Watershed, and therefore, is subject to the statutory powers of the Watershed District. She implications for access to, and use of, Lake Minnetonka are that, the Watershed Board has the power to: a. regulate the water level in the lake, subject to certain conditions, b, acquire, operate, construct and maintain flood control and water supply works, c, acquire by gift, purchase, or right of eminent domain necessary real estate and personal property, d, control the use and development of land in the flood plain, greenbelt and open space areas of the district, subject to the limitation of section 4/3.877. (NOTE: That section limits the watershed district authority over cities that have their own watershed management plan). • The statute gives the watershed district authority to regulate placement of fill, modification of flood plain loner and dredging of the lake and adjacent flood plain lands. Thus, creation of new access points to the lake require a permit from the watershed district. HENNEPIN COUNTY Under Minnesota law, counties are have extremely broad powers; powers that parallel or usurp those of other governmental units wholly or partially within the county. The discussion oelow is offered as background since the county, with acres. to significantly greater funding alternatives, represents an important implementing agency for lake access and lake use decisions. It should also be remembered that in Hennepin County, many �r most of these powers reside with the Suburban Hennepin Regional Park Board. 378.31 Water and related lend res r.,rces management. Provides that it is in the public interest to establish a statewide lake improvement program to (Suod. 1): 1) preserve the natural character of the lakes and their sh reline environment as feasible and practical; 2) improve the giality of water of the lakes; 3) provide reasonable assurance of water quantity in lakes, where feasible nd practical; and 4) to assure protection fre.m h,w,an ACti*,itie3 and certain natural rocesses. A-2 Subd. 2 `rants powers to counties o••er lakes that are not wholly within a lake conservation district established by !sw (UICD). All programs moat be consistent with statewide and regional water and related land resources plans. This chapter generally parallels the authorities granted under the LMCD enabling legisLation. The following compares the powers granted to the county and the power granted to the 121CD. Power acquire lands for control works construct and operate control works change the course, current or cross section of waters improve navigation acquire land, equipment or other facilities for navigation contract with any watershed district or county conservation district for improvements under chapters 40 and 112 undertake research to 1) determine the condition and development of the body of water and water entering it; 2) develop a comprehensive plan to eliminate water pollution; 3) conduct a program of water improvement and conservation 4) implement the comprehensive plan to eliminate water pollution consistent with other statutes. receive financial assistance and join in projects or enter into contracts with other federal or state agencies maintain public beaches, public docks and other public facilities for access Applicable Chapter Subd County 11CD Subd. 3 None Subd. 4 None Subd. 5 None Subd. Sa Sect. 3 Subd. Sa Sect. 6 Subd. 6 Sect. 6 Subd. 7 Sect. 3 3(j) 3(j) Petition Partial Subd. 6 3(k) Subd. 9 3(b) . make cooperative agreements with federal state, county orlocal entities for the purpose of effecting the provisions of this section Subd. 10 require that any projects to change the course, current or cross section be approved by the county before submitting the application to the commissioner of the DNR 3(e, i) S6 Subd, 11 None The powers of the LLD diverge from those granted to the county in some areas. The L14CD does not have the authority to acquire lands for control works; to construct and operate control works; to change the course, current or cross section of waters. It may, however, petition the watershed district or the county conservation district for these projects. Similarly, the LMCD does not have the authority to conduct a program of water improvement and conservation except by petition to the watershed district and the county conservation district. Its authority to implement a comprehensive plan to eliminate water pollution consistent with ot`ier statutes 13 only indirect; the powers relate to water surface access; use; dock construction, placement and uce; and de- icing. The 121CD does not have review authority over dredging and filling as does the county. The statutory changes in the LMCD enabling legislation necessary to make the county and I11CD powers parallel, under this chapter, need to c- nsider the existence of the watershed district and its authority. If the authority oJer water level control remains with the watershed district, then the additional powers for the LWD include: 1) implement a comprehensive plan to eliminate crater pollution, and 2) review authority over dredge and fill applications. In these two areas, the watershed district has authority, but it seems rearonahle to giestion w1,ethpr the Ll-X;D can truly accomplish its objectives without some change in a�thority in 6hese areas. • A -3 378.32 Water Surface Use Regulations. The county board may adopt ordinances that regulate the surface use of waters situated wholly or in part within their jurisdictions, but not wholly within a single city or lake conservation district. However, if the lake Has within two counties, the ordinance must be adopted by both county boards prior to enforcement. Adoption by the DNR gives the county the authority to enforce such rules. Proposed surface use zoning ordinances shall be submitted to the commissioner of the DNA for review and approval prior to adoption. The commissioner has 120 days to approve or disapprove (Subd. 1). The authority of the county under this chapter and the LMCD are parallel, with some minor exceptions. The contrast is shown below: The LMCD does not seem to have the restriction that its ordinances be submitted to the commissioner of the DNR for approval prior to implementation. There is no specific citation to control of horsepower in the LM:D enabling legislation, but such controls would seem to be allowed under 3(c) and 3(d). 378.321 Public access restrictions The county board must allow the same types and sizes of watercraft and horsepower of motors to access and enter the lake as generally 41lowed to be operated on the lake. Special use exceptions that are not dependent on lakeshore or property ownership may be granted by permit. 378.401 to 3 Lake improvement district act. The lake improvement act defined under these sections post-date the 1,WD enabling legislation. It appears that these sections are modeled after the LMCD act as &Tended. The or.e restriction placed on a county d.st.rict is that its plans and certain actions must be reviewed by tt;a corr,.issionar of the D'iR prior to implementation. A -4 0 Applicable Chapter Subd. Authority County LMM proposed surface use zoning ordinances submitted to the DNR for review and approval prior to adoption Subd. 1 Not cited regulate and police public beaches, public docks and other public facilities for access Subd. 2 3(b) municipalities can preempt the county policing Subd. 2 3(b) 1 yr regulate construction, configuration, size, location and maintenance of commercial marinas and their related facilities including parking areas and sanitary facilities Subd. 3 3(h) to regulate docks and moorings Subd. 4 3(f) to regulate de-icing and vegetation removal Subd. S 3(g) to regulate the type end size of watercraft Subd. 6 3(a) to sat access fees Subd. 6 3(a) to limit the types and horsepower of motors Subd. 7 Not cited to limit the time of use and the use of various parts of the body of water Subd. 8 3(c) • to regulate the speed of watercraft and the conduct of other activities to secure the safety of the public and the most general public use Subd. 9 3(d) to contract with other law enforcement agencies Subd. 10 3(e) The LMCD does not seem to have the restriction that its ordinances be submitted to the commissioner of the DNR for approval prior to implementation. There is no specific citation to control of horsepower in the LM:D enabling legislation, but such controls would seem to be allowed under 3(c) and 3(d). 378.321 Public access restrictions The county board must allow the same types and sizes of watercraft and horsepower of motors to access and enter the lake as generally 41lowed to be operated on the lake. Special use exceptions that are not dependent on lakeshore or property ownership may be granted by permit. 378.401 to 3 Lake improvement district act. The lake improvement act defined under these sections post-date the 1,WD enabling legislation. It appears that these sections are modeled after the LMCD act as &Tended. The or.e restriction placed on a county d.st.rict is that its plans and certain actions must be reviewed by tt;a corr,.issionar of the D'iR prior to implementation. A -4 0 LAKESHORE MUNICIPALITIES The 14 lakeshore communities have broad ;o- -rs to manage the upland areas of the lake. They have the fundamental authority to control development and land use changes through planning, zoning and formation Of special use districts. The authority of cities over public waters is limited by H.S. 459.20 which grants the same powers to cities as is = •served for counties in Chapter 378, except that a lake Improvement district has precedence over one formed by cities. For Lake Minnetonka, this means that the cities may develop parks on the lakeshore, but may not have active regulatory programs below elevation 929.4 without the consent of the LMCD. At the same time, the LMCD has authority over parks and public lands used for access to the lake that has never been implemented. REGIONAL PARK DISTRICT (HENNEPIN COUNTY) The Hennepin county park reserve district may xercise the powers of a municipality under chapter 118, whereas the LMCD does not have those powers. As a municipality, the park district has broad authority over al♦ types of shore -based recreation. Its powers over the water surface are more restricted. For example, it does not have the authority to police the lake surface. That power resides with the County Sheriff. • METROPOLITAN COUNCIL The Metropolitan Council's underlying legislation is contained in M.S. chapter 473. The council is established to coordinate the planning and development in the seven county area. Of particular interest to this subcommittee is the agency's powers for funding and review relative to recreation. The interest of the Metropolitan Council relative to regional recreation open space means lands and waters or int•- therein that are determined to be of regional importance. On Lake Minnetonka, the lake itself has not been so designated. However, the public properties on Big Island and the proposed access redesign at the Highway, 101 causeway are so :osignated. The regional park proposed by Suburban Hennepin Regional Park District also has been designated as regionally significant. DEPARTMENT OF NATURAL RESOURCES Tho Department of Natural Resources has the most extensive authority over recreational use of, and access to, Lake Minnetonka. Not all of the powers of the DNR are applicable to the LMCD since it is a state agency esl- iblished by separate statute. However, review of the M's authority and regulatory programs over other local units of government help establish the limits to lake access and use controls. For lake access, two references exist in the Minnesota Statutes. The first is in chapter 9)A.14i. That section providos that the c,.,,issior.er of the DNR shell e,,Ti,o A -5 end maintain access sites, as well as easements and rights necessary to connect to public highways. An access site cannot exceed seven acres and may only be acquired where access is inadequate. The second reference to public access is in 105.391 which gives the DNR the authority to limit access to wetlands if preservation or protection is e warranted. Chapter 105 Division of Waters. Soils and Minerals This chapter of the statutes grant the DNR similar, or even more extensive powers than those granted to the watershed district for dredging, filling, diversion or use of waters of the state. Included in the authority are: 1. the use, allocation and control of public waters and wetlands, 2, establishment, maintenance, and control of lake levels, and 3. the determination of the ordinary high water (08W) level of public waters and wetlands. Section 105.42 establishes the authority and procedures for permits to work in public waters. Included is the authority to require that illegal actions be restored to the original condition (105.161). Chapter 361 Waters and Watercraft Safety The regulation of watercraft is contained in this chapter of the statutes. The definition of a watercraft is "any contrivance used or designed for navigation gn water other than (a) duck boat during the duck hunting season, (b) rice boat during the harvest season, or (c) seaplane. The chapter provides for license fees and registration (361.03). The provision that requires a manufacturer's identification number is absent from this chapter. Thus, snowmobiles and all-terrain vehicles can be traced by the manufacturer's number but watercraft cannot. Other provisions of the act regulate the age of power boat operators, obstructions to navigation, swimming and bathing areas, scuba diving, water skiing, craft capacity, use of alcohol and controlled • substances, safety equipment and lights. In addition, noise is controlled by statute to the extent that: 1) mufflers are required which adequately suppresses the sound; cutouts are not permitted, 2) noise limits cannot be exceeded under any condition of load, acceleration or deceleration, 3) new engines must most the noise standards established in the act, 4) modification or operation of engines modified to amplify or increase tho noise level is not permitted, 5) sale and installation of parts that increase the noise level is prohibited, as well as operating a boat equipped with such parts, and 6) the noise limits are: a) boats manufactured before January 1, 1982 - 84 decibels, b) boats manufactured on or after January 1, 1982 - 82 decibels. Exceptions are provided for under permit to cover regattas, races, or trial runs. Enforcement of these provisions is given to the Sheriffs, cunservatici officers and county boards under 361.24. Section 361.25 gives the Commissioner of the DtRt broad authority over local agencies that are involved in lake use. The legislation calls for promulgation of ruler that include the following (as well as others): A•6 0 1) placement and regulation of docks, piers and buoys, 2) mooringa or marking devices, 3) other structures in the waters of the state, ♦) equipment used in towing of persons on water-skis, aquaplanes, surfboards, saucers arl other devices, 5) designation of swimming or bathing areas, 5) standards for operation of watercraft offered for rent, lease, or hire, 7) use of surface waters including but rot limited to: a) standards and criteria for resolving conflicts in use, b) procedures for local enforcement, and c) procedures for such other rules deemed necessary by the Commissioner. Section 361.26 provides for local ordinances in effect prior to January 1, 1972 to remain in effect until repealed or superseded by a rule of the commissioner. As implemented by Minnesota Rules, 5110.3000 to 6110.3600 (Water Surface Use Management), even more restrictions are imposed on use management. Under chapter 351.25 the Commissioner is empowered to regulate: a. type and sire of watercraft. b. type ana horsepower of motors, c. speed of watercraft, d, time of use, e, area of use, and f. conduct of other activities on the water body where necessary to secure the safety of the public and the most general public use. These regulations shall be imposed by a local unit of government. The goals of use management are: • a. where practical and feasible, accommodate all compatible recreational uses, b. minimize adverse impact on natural resources, c. minimize conflicts between users in a way that provides for maximum use, safety and enjoyment; and d. conform to the standards set in part 6110.3700. The management standards are pror- algated in 6110.3700 that apply to any government unit subject to the provisions of 361.25. Some of these are of interest to Lake Minnetonka whether or not they directly apply: 1. watercraft type and size, 2. motor type and size, 3. direction travel (if limited, then counterclockwise), ♦. speed limits shall use one or more of these cutoffs: a. slow -no wake, in no cases greater than 5 mph, b. 15 mph c. 40 mph 5. time controls must use one or more of these periods: A. sunrise to sunset or sunset to sunrise the day following, b. 9:00 am to 6:00 pm or 6:00 pm to 9:00 am the day following, c. noon to 6:00 pm or 6:00 pm to noon the following day, or d. all 24 hours of the day. 6. controls must be in effect d ring one of the following: s. all year, b. Memorial Day weekenA through Labor Day weekend, or e. on ell weekends an.i legal holidays occ"rrir,g within Me-r)Cial Day weekend thr:::gh tabor Day weekend. A-7 7. controls may be placed on watercraft based on specific water r elevations S. area controls may be imposed 9. conduct of other activities may be restricted if they conform to the purposes of use management (6110.3200) LMCD has its own statutory standing; these regulations are in addition to, and do not supplant, the existing Lake Minnetonka regulations. To the extant that it is advantageous to utilise this chapter of the statutes, the provisions are available provided that the review and approval of the Commissioner of the DNR is sought and received. But the Ll1CD does not appear to need these authorities. • A-8 • Be DEFINITIONS 0 The following definitions explain how certain key terms are used in this document: Access: There are different ways of accessing the lake. Managing agencies sometimes define these terms differently. To assure understanding of how these terms ere used, the following definitions are presented. Definitions of highlighted terms are listed alphabetically below. The definitions are primarily derived from the way in which data were collected by the DNR in 1984 and used again in the 1986 use study sponsored by the LMCD. While some may not be the most desirable, some d- represent the operational definitions derived from the 1984 DNR study. There are two types of access to the lake: 1) general public access and 2) riparian access. 1. General Public Access: There are two types of general public access: 1) ramped access and 2) marina /yacht club access. a. Ramped Access: There are two types of ramped access: 1) free ramped access and private ramped access. 1) Free Ramped Access 2) Private Ramped Access b. Marina/Yacht Club Access 2. Riparian Access a. Private Riparian Access b. Bomemmer Association Access c. Municipal Access Active Boats: An active boat is on the lake and away from its point of access to the lake. This means that active boats include rafted or beached boats, those moored at transient docks, moving boats, boats dead in the water away from shore, or any other boat that is not at its customary storage location. It ions not include boats occupying service docks or that are occupying a dock that is otherwise used by a different boat. This definition explains the manner in which boats were counted in the DNR and LMCD studies of 1984 and 1986. Apartment: On Lake Minnetonka, a form of restricted riparian access, where the right to store a boat on the lake arises from rental of an apartment unit and rental of a dock at the property. Betching/Rafting: An popul - activity on some parts of the lake where boats anchor or moor their boats near shore or on beaches, islands and sandbars. Frequently, boats are tied together (rafting). Boat: Any vessel, watercraft, canoe, raft, barge, sailboard, personal watercraft, hovercraft or any similar device used or usable for carrying and transporting persons on the lake. See Restricted Watercraft. Buffer Zone: A 150 foot zone along the Lakeshore that is removed from general use by the cruising boaters and established as a quiet water area by LMCD regulation. Any minim•un wake activity, such as fishing, is allowed. Free Ramped Access: Access through a boat ramp that is publicly owned and where there is no fee for launching the boat. General Boating Lake: A lake that is managed to provide for all forms of boating, including, but not limited to cruising by sail or power boats, racing by sail 'onls, fishing, canoeing, sailboarding, use of personal watercraft, paddle boating, tubing, use of rafts, as well as such associated activities as mooring, beaching and rafting. General Public Access: Acc is to the lake for private recreational boats by persons who do not us4 riparian property ownership as the means of placing their boat on the lake; measured on the 1 of boat owners',ip. Genera', public access Includes Ramped Access and Marina /Yacht Club Access, s definition is not entirely consistent with the 1984 DNR study. Gross Lake Surface (Acres): The gross lake surface is 14043 acres as measured below elevation 929.4 in a previous study for the LMCD. Gross acres include all acreage of the individual bays and lakes comprising Lake Minnetonka. Individual Riparian Access: A synonym for Private Riparian Access. B-1 Homeowner Association: On Lake Minnetonka, a group of homeowners using deed restrictions (easements, ` covenants) to gain right of access to the lake for maintaining boat storage. These are normally outlots in the case of subdivisions and common property at condominiums. This group includes: 1) condominiums, 2) subdivisions where purchase of a residence give the owner part ownership in a • riparian outlot with s multiple dock, 3) groups of riparian home owners who for a reason or another have a licensed multiple dock, and 4) at least twn multiple docks which :ally function as restricted access rights for non - Lakeshore residants. Lakeshore Resident: A member of a household that rents or owns a home with lake frontage. Managing Entities: Any State, Regional or local governmental or quasi - governmental unit that is active in managing the lake. These include the DNR, Metropolitan Council, Hennepin County, Suburban Hennepin Parks, Minnehaha Creek Watershed District, Lake Minnetonka Conservation District, and the 14 municipalities, among others. Marina: A commercial boat-atorage business enterprise that is operated for profit. Marina/Yacht Club Access: Access to the lake from slips or mooring provided to the boat owners irrespective of the location of their residence at one of the commercial marinas or at yacht clubs on the lake. Multiple Dock: A dock licensed by the LMCD, constructed and maintained for the storage of five or more watercraft, other than commercial docks. Municipal Access: Access for private recreational boats from riparian lands owned by one of the 14 municipalities on the lake. In practice these docks, slides or lifts are rented to residents of the owning municipality whether or not there is a formal policy of restricting the use to residents. No city rents a slip that is nct either to the landowner or to the immediate family of a landowner in the city. Normal High Use Period: The most popular boating times, generally between 11:00 am and 4:00 pin in June, July and August that include only pleasant, fair weather weekend days and exclusive of holidays. See also Peak Use, Ordinary High Water: The average level of Lake Minnetonka under normal high water conditions. Defined by regulation as elevation 929.4. • Peak Use: The average number of active boats on summer weekends during the hours of maximum boat use and exclusive of holiday weekends. These counts have been made in previous studies only on pleasant weekend days in the months of June, July and August. Peak Use Hours: Peak use hours are defined in previous studies as being between 11:00 am and 4:00 pm. These are the hours of maximum use for any day. Private Ramped Access: Access through a private boat ramp where there is a fee for launching the boat or for parking the car \trailer. Private Riparian Access: See Riparian Access. Public Access: Access to the lake that is independent of property ownership or rental. Public access is equally available to the general public, without preference or discrimination, who are willing to pay at fees or is available at no charge. See Ramped Public Access, Marinas, Yacht Clubs. Ramped Access: Boat access to the lake from a public or private boat ramp. This is consistent with the 1984 DNR data collection. Ramped Public Access: Access to the lake for trailered boats. Ramped Public Access may or may not include a launching, parking or shuttle fee. Restricted Riparian Access: Access rights or boat storage rights for owners of non-riperian property that are created by a legal instrnunent, membership in a private organization or residence in a riparian community. See also Apartment, Homeowner Association, Municipal A -ess. Restricted Watercraft: Any boat or vessel for use on or stored on the public waters on the lake except for boats or vessels which are 16 feet or less in length, and which are non or which use motors of 10 horsepower or less. B-2 0 Riparian Access: 1. Access to the lake for boating by persons who use individually-owned riparian property to place their boat on the lake. On Lake Minnetonka this includes non - riparian boat owners • who rent or otherwise use slips, docks or moorings at private riparian property. Thus, the boat may or may not be owned by the landowner, -he slip may or may not be rented to the user. This is a part of the 1981 DNR "riparian access". 2. Access to the lake for private recreational boats that is based on ownership c' riparian ( lakeshore) land. The ownership may be individual, shared (at condominiums or apartments or homeowner association&) or municipal. This is how the 1981 DNR study operationally defined and measured riparian access. That is, the 1981 DNR study and the LMCD 1988 study measured riparian access as the sum of private riparian access, homeowner association access and municipal access. These studies do not differentiate between these forms of access. Riparian Lands: Lakeshore property; lands that abut the lake. Riparian land may be used for residential, commercial, water-oriented commercial, public or manufacturing purposes on the lake. Usable Lake Surface (Acres): The usable lake surface is 11,800 acres. Usable acres deletes acres of water that is unavailable to the general boating public because of regulation or navigation hazards. While fishing boats often use those acres considered not usable, general, cruising, boaters do not. Fishing is not a significant activity during the peak use hours. Yacht Club: A private organization with open membership that also constructs and maintains docks or moorings for in -water storage for some of their members' boats. On Lake Minnetonka, these berths are usually offered at below - market prices. • • B-) APPENDIX C LA" MINNETONXA SI]CRFIAM STANDARDS AND CRITERIA STANDARDS AND CRITERIA A. Land Use Zoning Districts that are implemented within Lake Minnetonka shorelands must fit one of the following districts: 1) Special Protection District. Descriltion: wetlands; wet soils; steep slopes; flooc;ing; inadequate drainage; severe erosion potential; presence of historic sites, biological or natural characteristics; or any other feature interference with which is likely to be harmful to the health, safety or welfare of the residents of the community. 2) Lake Minnetonka Residential District. Description: low density, single family seasonal and year -round residential uses in order to preserve existing living qualities and amenities; to minimize traffic; and to prevent alterations of structures which would damage the character or desirability of existing residential areas. Prohibit medium and high density residential as well as establishment of various commercial, industrial and other uses in these areas that cause conflicts or problems for residential uses. 3) One to Four Unit Residential District. Description: permit existing low and medium density seasonal and year -round residential uses on lands suitable for such uses to continue. Prevent establishment of commercial, industrial, and other uses in these areas that cause conflicts or problems for residential uses. Some non - residential uses with minimal impacts on residential uses are allowed if properly managed under 0 conditional uses procedures. 4) Five to Twelve Unit Residential District. Description: Permit existing areas adjacent to commercial centers in which higher density housing in multiple family structures has already been developed. Other compatible uses such as residential planned unit development, surface - water oriented commercial, multiple unit single family, parks, historic sites, and semi- public, are also allowed as conditional uses. S) Water- Oriented Commercial District. Description: Provide for existing or future commercial uses adjacent to the lake that are functionally dependent on such close proximity. 6) General Use District. Description: for lands already developed or presently zoned for development with concentrated urban, particularly commercial, land uses. Commercial planned unit developments are allowed in this district if handled as conditional uses. The intent of the Standards and Criteria is that there will be no new commercial areas added that do not already exist. Lakeshore conrr.ercial activity shall be limited to water- oriented acti•rities. B. Allcwable uses within each Zoning District within Lake Minnetonka shorelands are: (Individual local governments may prohibit one or more of those listed). C -1 1) Special Protection Distrirt. Use Status Forest management Permitted Sensitive resource management Permitted Agric Permitted Parks and historic sites Conditional use Residential Conditional use C -1 2) Lake Minnetonka Residential District. Use Status Single family residential Permitted Public and semi-public Conditional use Parks and historic sites Conditional use Single - family residential PUD at same density Conditional use 3) Otis to Four Unit Residential District. Use Status Single-family Permitted Duplex Permitted Triplex Permitted Quad Permitted Forest management Permitted Public and semi-public Conditional use Parks and historic sites Conditional use Residential PUD at same density Conditional use 1) Five to Twelve Unit Residential Dist -ict. Use Use Status Permitted Single family Permitted Commercial Duplex Permitted Conditional us, Triplex Permitted Parks and historic sites Quad Permitted Six to twelve unit residential Permitted Forest management Permitted Water - oriented commercial Permitted Residential PUD at same density Permitted Commercial PUD Permitted Public and semi - public Conditional use Parks and historic sites Conditional use S) Water-Oriented Commercial District. Use Status Water- oriented commercial Permitted Forest management Permitted Commercial Conditional use Commercial PUD Conditional us, Public and semi - public Conditional use Parks and historic sites Conditional use 6) General Use District. (Used only to avoid nonconforming lar:i 41c+. No new areas are to be developed.) Use Status Commercial Permitted Water- oriented ommorcial Permitted Forest management Permitted Health care facilities Permitted Institutional Permitted Commercial PUD Conditional use Residential PUD Ccnditional use Public and semi-public Conuitional use Parks and historic sites Conditional use C -2 0 C. Minimum lot size shall not decrease nn the lakeshore. The standards and criteria below are designed to pressure cities to increase, not decrease lot sizes wherever the present neighborhood standards falls below 15,000 square feet. Individual local governments may be more restrictive; all must manage to these values with deviations no lo. : than 60 percent of the values shown for lots of record when the local ordinance is adopted whcre i would also include single family lots as long as it does n�c increase the c,n conformity. The single-family minimum lot standard is 15,000 square feet, except that Excelsior, Mound _nd Spring Park may have 10,C00 square feet. The exception for those three like.^ xe conmunities is provided in recognition of the extensive de :opment that has already occurred there. However, those three communities are expected to move toward the 15,000 square foot standard as redevelopment occurs. 1) Limits on lot area, minimum width and setback are: District Minimum Area Minimum Width (sq. ft.) (ft.) Special Protection District Residential Shoreline 15,000 75 Shoreland 10,000 75 Lake Minnetonka Residential District Single family Shorelire 15,000 75 Shoreland 10,000 75 One to Four Unit Residential District (Shoreline and Shoreland) Single family 15,000 75 Duplex 18,000 100 Triplex 30,000 150 • Quad 40,000 200 Five to Twelve Unit Residential District (Shoreline and Shoreland) Single family 15,000 75 Duplex 18,000 100 Triplex 30,000 150 Quad 40,000 200 Six to twelve units 15,000 /unit 250 General Use District Residential PUD 15,000 /unit 250 2) Setbacks on all sewered lots 3h&11 be 50 feet. For unsewered lots the setback shall be 75 feet. D. Guest cottages (M.R. 6120 3300 subp. 2 C) must meet the local community standards based on restricting use to short tr:c, visits by guests and family as a conditional use subject to the limits imposed by B and C su ra. (In!Lvidual local governments may be more restrictive). E. Bluff impact zones (M.R. 6120.3300 subp 3 C). Stra ^.Cures and accessory facilities, except stairways and landings oust not bo placed wiihin bluff impact zones. F. All accessory structures (M R. 6120.3300 subp. 3 H) must meet or exceed str- icture sethar-k standards. G. Water -oriented ecces -ory structures or fa_ilit.iei, ether than docks, are prohibited. C-3 H. Local government officials must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, or other improvements on steep slopes. When determined necessary, conditions mist be attached to issued permits to prevent erosion and to preserve xisting vegetation screening of structures, vehicles, and other facilities as viewed from the surface of pubic waters, assuming summer, leaf-on vegetation. I. Stairways, lifts and landings (M.R. 6120.3300 subp. 3 I) are preferred to major topographic alterations and must meet the following design requirements: 1) stairways and lifts must not exceed four feet in width on residential lots. 2) required stairway landings must not exceed fout feet in width and 32 squarn feet on residential lots. 3) canopies or roofs are not allowed on stairways, lifts or landings. 4) construction must assure control of soil erosion. S) must be located in the most inconspicuous portion of the lot, as viewed from the water surface, whenever practical. J. Decks (M.R. 6120.3300 subp. 3 J) must meet the setback standards of the local government. K. Building heights are limited as follows: 1) In Residential Districts and Water-Oriented Commercial Districts and for residential structures in other distr.c -3, building height is limited to three levels visible from the lake or 35 feet, whichever is lower. 2) Commercial structures in a General Use District shall not exceed 40 feet in height. 3) Building height is to be measured according to the procedures in the Uniform Building Code, except that the lowest point will be the basis for measurement and that point shall be the pre - existing elevation at the time that lot is purchased. Topographic changes after purchase shall not be considered in determining building height. 4) Variances on building height are not permitted. Exceptions that may be considered by communities are limited to the following and must be handled through a conditional use permit: Chimneys or flues Cooling towers Elevator penthouses Flag poles Television and radio antennae L. Use of fertilizer ar.d pesticides (M.R. 5120.3300 Subp. 4 A(3)) in the shoreland management district must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both. M. Outlots created during subdivision and for access to Lake Minnetonka are subject to the following restrictions: 1) The number of watercraft stored on the outlot is subject to the rules and regulations that may be imposeo by the 12CD or the local community, whichever is the most restrictive. 2) The lot must be suitable for development under the requirements of the applicable zoning district. 3) Must be ,jointly owned by all purchasers of lots in the subdivision. 4) Must meet the requirements of the local subdivision ordinance. N. Ma cturing and industrial uses are prohibited on parcels ripnrian to Lake Minnetonka. Industrial and manufacturing uses in the shorelands of Lake Minnetnnka are limited to districts already developed for such p.irposes as of the adoption date of this Manngement Flan, f u C•4 0. Planned Unit Developments 11 Use of the Planned Unit Development process by lekeshore communities shall be limited to determining the optimum site layout for structures and facilities. It shall not be used as a method for granting variances to maximum structure height or the minimum setback, lot area and width requirements. 2) Residential PUDs roust not exceed the maximum height restriction for its zoning district. 3) The design criteria for residential and commercial PUDs shall be established by local ordinance, except that the following paragraphs, or ones even more restrictive, shall be included in any local ordinance: "Evaluation of suitability of the entire site must include consideration of aesthetics, land slope, water dalth, vegetation, soils depth to groundwater and bedrock, or other relevant factors." "Shore recreation facilities, to the extent allowed, and including but not limited to swimming areas, docks, and watercraft mooring areas and launching ramps must be centralized and located in areas suitable for them. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed the number permitted under applicable LMC� or local community rules and regulations, whichever is more restrictive. Launching ramp facilities. Including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units if consistent with LMCD and local community r • and regulations." P. All variances to structure height and all variances to other building, lot area, structure location and structure use for riparian parcels on Lake Minnetonka shall be submitted to the LMCD for review and comment. Q. Vegetation removal shall be governed by the shoreland ordinance. The provisions of 6120.3300 subp. 4 must be included in the ordinance, but modified to reflect the following: 1) Clear cutting of vegetation on riparian parcels is prohibited. 2) Removal of living trees larger than 6 inches in diameter may be by permit only. 3) Selective cutting of other trees and underbrush shall be allowed as long as sufficient cover is left to screen motor vehicles, dwellings, and other structures when viewed from the lake. 4) Review of proposed site development plans under this and other applicable ordinances shall specifically review the plans for preserving as much natural vegetation as practical within 40 feet of the lake. S) Bare ground areas must be vegetated, and vegetative matter must not be placed on impervious surfaces or in natural drainageways. R. Grading ar.d Filling (6120.3300 Subp. 4 B) must be limited by the shoreland ordinance. The provisions of 6120.3300 subp. 4 B must be included in the ordinance except as modified to reflect the following: 1) Restrictions placed on grading and filling within wetlands (Types 3, 4, S, 6, 7, and 8) must be mitigated to prevent decrease in the functional values of wetlands. 2) The wildlife habitat and runoff water quality enhancement functional values of a wetland should be quantitatively determined by anal;sis conducted according to methods prescribed by the U.S. Fish and Wildlife Service (1990) and Driscoll at al. (1985), respectively. (These are discussed in the Water Quality Managemer.4 Working Paper.) S. In order to protect the general welfare end safet;• of the boating public, lights shall be controllel by the shoreland ordinance. She following provisions are adled to or rnlify those • contained in 6120.3300 subp. 3 so as to apply to all portions of riparian prcperty regardless of tl:e permitted use: C -5 1) No light source on shoreline property may be visible from the lake. 2) No light source on shoreline property shall exceed 0 5 candles at the ordinary high water mark. 3) Lights located on dock and other allowed structures will be regulated by the LMCD. T. The agricultural use standards (6120.3300 Subp 7 A through D) for shoreland areas must be incorporated into the shoreland ordinance of cities with agricultural lands within their corporate limits. U. The stormwater management standards (6120.3300 Subp 11 A through B) must be incorporated into the shoreland management ordinance except that the following must also be included: 1) U.S. EPA criteria (NURP) are to be required for stormwater detention basins (as discussed in the Water Quality Management Working Paper). 2) Impervious surface coverage of lots should not exceed 25 percent of the lot area without an approved stormwater management plan. 3) Permit requirements for each constructed detention pond shall include a Maintenance Plan and provisions for access to perform maintenance. V. The sewage treatment provisions (6120.3400 Subp. 3) must be included in the shoreland ordinance. W. The erosion control and stormwater runoff from PUDs must be included in the shoreland management ordinances except that these more restrictive provisions must be added: 1) runoff must be managed according to the recommendations contained in item U, above. 2) Maximum impervious coverage of PUDs shall be limited to only 25 percent. X. The following subparts of Chapter 6120.2500 ff. are not listed in the Shoreland Management Standards and Criteria for Lake Minnetonka, The first section lists those subparts that are to be negotiated between the individual communities and the Department of Natural Resources. The second list includes those parts that are implicit in the Standards and Criteria and are to be included in each Shoreland Management Ordinance, Individual Communities: 6120,3300 Subp, 3 E through F. Proximity to unplatted cemeteries and significant historic sites; proximity to roads and highways. 6120.3300 Subp. 5. Placement and design of roads, driveways, and parking areas. 6120.3300 Subp. 8 Forest management standards. 6120,3300 Subp. 9 Extractive use standards. 6120.3300 Suhp, 12. Mining of metallic minerals and peat. 6110.3400 Subp. 2. Water supply. 6120.3500 Subdivision provisions. 6120.3800 Planned unit development not addressed in Appendix C. 6120.3900 Administration not addressed in Appemi: C. Y. Implicit in the Standards and Criteria: All other subparts and subdivisions not specifically mentioned above are implicit to the standards and criteria contained in Appendix C. These incluia, but, are not limited to: 6120.3300 Suhp, 2. Residential lot size. 6120 3300 Subp. 28. Lot area and with standards for single, duplex, triplex, and d.Iad residential de'+elop.ent; lake classes. • • C -6 6120.3300 Subp. 3. Other parts not listed above. 6120.3300 Subp. ♦. Other parts not listed above. . 6120.3300 Subp. 10, Standards for commercial, industrial, public and semi - public uses. Z. Flexibility from the DNR and LWD standards and criteria may be granted in establishing local shoreland regulations when major existing commercial or multiple family zones fall within the shoreland zone. However, environmental, aesthetic, public health and safety, and tax base protection must be maintained to the highest possible degree. The Stormwater Management Program shall be the primary means of controlling adverse effects generated by development and redevelupment. DEFINITIONS For the purpose of the Standards and Criteria, certain terms or words used shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally. ACCFSSCRY STRUCTURE or FACILITY: any building or improvement subordinate to a principal use which, because of the nature of its use, can reasonable be located at or greater than normal structure setbacks. BLUFF: a topographic feature such as a hill, cliff, or embankment having all of the following characteristics: a. part or all of the feature is located in a shoreland area; b. the slope rises at least 25 feet above the ordinary high water level of the wat c. the grade of the slope from the toe of the bluff to a point 25 feet or more above the • ordinary high water level averages 30 percent or greater; and d, the slope must drain toward the waterbody. An area with an average slope of less han 18 percent over a distance for 50 feet or more shall not be considered part of the bluff. BOATHOUSE: a structure designed and used solely for the storage of boats or boating equipment. BUILDING LINE: a lire parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. CCRIE iCIAL PLANNED UNIT DEVFWrW.iTS: are typically uses that provide transient, shore -term lodging spaces, rooms, or parcels and their operations are essentially service-oriented. For example, hotel /motel accommodations, resorts, recreational vehicle and camping parks, and other primarily service oriented activities are commercial planned unit developments. CCK01CIAL USE: the principal use of land or buildings for the sale, lease, rental or trade of products, goods, and services. 0CtMISSIONER: the commissioner of the Department of Natural Resources. CONDITIONAL. USE: a use as t! is term is defined in Minnesota Statates, 394. DFX: a ho:iz..ntal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending rw re than three feet above ground. . DUMIX , TRIFLEX AND WAD: a dwelling structure on a single lot, having two, three, and four units respectively, being Attached by cerrrK;n walls and each unit e with separe'_e sleeping, cooking, eat.ng, living, end sanitation fac.ilittes. C-7 DWELLING SITE: a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. DWELLING UNIT: any structure or portion of a structure, or other shelter designed as shore- or long -term • living quarters for one or more persons, including rental or timeshare accommodations such as motel, hotel, and resort rooms and cabins. EXW'LAIVE USE: use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. FOREST LAND CONVERSION. the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. GUEST COTTAGE: a structure used as a dwelling unit that may contain sleeping paces and kitchen and bathroom facilities in addition to those provided in the primary dwelling unit on a lot. HARDSHIP: the same as that term is defined in Minnesota Statutes, 394. HEIGHT OF BUILDING: the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. INDUSTRIAL USE: the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. INTENSIVE VEGETATION CLEARING: the complete removal of trees or shrubs in a contiguous patch, strip, row, or block. LOT: a parcel of land designated by plat, metes and bounds, registered land survey, auditors plot, or other • accepted means and separated from other parcels or portions by said description for the purpose of sale, lease, or separation. LOT WIDTH: the shortest distance between lot lines measured at the midpoint of the building line NONCONFORMITY: the same as that term is defined or described in Minnesota Statutes, 394. ORDINfRY HIGH WATFR LEVEL: the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has boen maintained for a sufficient period of time to leave evidence upon the landscape, c- mnonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. PLANNED UNIT DEVELOIWIff: a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually involving clustering of these units or sites to provide areas of cormH)n open space, density increases, and a mix of structure types and land uses. These development may be organized and operated as condominiums, time-share condominiums, cooperatives, full fee ownership, commercial enterprises, or any combination of these, or cluster sublivisions of dwelling units, residential condominiums, townhouses, apartment buildings, campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of structures and land uses to these uses. PUBLIC WATERS: any waters as defined in Hii.nesota Statutes, 105.37, subdivisions 14 end 15. The official determination of the size and physical limits of dt areas of rivers and strew. -.s sha11 he mafe by the commissioner. C 9 e RESIDENTIAL PLANNED UNIT DEVEl.0MM: a use wber• the nature of residency is non-transient and the major or primary focus of the development is not service-orianted. For example, residential apartments, manufactured . home parks, time-share condominiums, townhouses, cooperatives, and full fee ownership residences would be considered as residential planned unit developments. SEW- PUBLIC USX: the use of land by a private, nonprofit organisation to provide a public service that is ordinarily open to some persons outside the regular constituency of the organisation. SENSITIVE RESOURCE MANAGEMENT: the preservation and management of areas unsuitable for develcpment in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. SETBACK: the minimum horizontal distance between a structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top o" a bluff, road, highway, property line, or other facility. SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in chapter 7090. SEWER SYSTEM. pipelines or conduits, pumping stations, and force main, and all other constructions, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SHCRL IMPACT ZONE: land located between the ordinary high water level of a public water and a line parallel to it at a setback of SO percent of the structure setback. • SHORE:EAND: land located within 1,000 feet from the ordinary high water level of a lake. SIGNIFICANT HISTORIC SITESS: any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be a significant historic site. STEEP SLOE: land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of these regulations. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances o! SO feet or more, that are not bluffs. STRUCTURE: any building or appurtenance, including decks, except aerial or underground utility lines, such as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting facilities. SUBDIVISION: land that is divided for the purpose of sale, rent, or lease, including planned unit development. SURFACE WAT7]1 ORIYT0 Cr?t W,1AI. USE: the use of the land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marines, resorts, and restaurants with transient docking facilities are examples of such use. C-9 TOE OF TEL BLUFF: the low point of a 50 -foot segment with an average slope exceeding lg percent. VARIANCE: the same as that term is defined or described in Minnesota Statutes, 394. MATER-OUENTEI) ACCEssm STRUCTURE or FACILITY: a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water future, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish houses, pump bouses, and detached decks. WETLAND: a surface water feature classified as a wetland in the United States Fish and Wildlife Circular No. 79 (1971 edition), which is hereby incorporated by reference, is available through the Minitex interlibrary loan system, and is not subject to frequent change. 0 • C -10